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HomeMy WebLinkAbout09-15-1989 Minutes . . . September 13, 1989 To: Common Council of the City of San Bernardino Re: Special Meeting NOTICE IS HEREBY GIVEN that Mayor W. R. "Bob" Holcomb has called a Special Meeting of the Mayor and Common Council for 2:00 p.m., Friday, September 15, 1989, in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. The purpose for which this meeting has been called is to consider the adoption of an emergency ordinance establishing a moratorium on the issuance of development permits in the Verdemont Area until an acceptable plan of financing the construction of the basic public works infrastructure is assured. * * * * * * * * SHAUNA CLARK City Clerk City of San Bernardino, California September 15, 1989 The Special Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 2:04 p.m., Friday, September 15, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 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 Maudsley. ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Miller; Deputy City Attorney Empeno, Deputy City Clerk Reese, City Administrator Julian. Absent: Council Members Estrada, Pope-Ludlam. 1 9/15/89 . . . RECESS MEETING - CLOSED SESSION At 2:06 p.m., Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the meeting be recessed to Closed Session pursuant to the following: To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation. (1) To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(c), so that Council may decide whether to initiate litigation. (la) Pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: (lb) Barratt. Inc. vs. City of San Bernardino Superior Court Case No. 242433; San Bernardino Cable Lake Association vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 239714 and Case No. 239649; Citv of San Bernardino vs. California Construction Manaae- ment. Inc.. et al - San Bernardino Superior Court Case No. 238755; Saldecke. et al vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 236836; Save San Bernardino vs. Citv of San Bernardino - San Bernar- dino Superior Court Case No. 250425; Stubblefield Construction Companv. et a1 vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 232998. CLOSED SESSION At 2:07 p.m., the Closed Session 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 Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, Deputy City Clerk Reese; City Administrator Julian. Absent: Council Members Estrada, Pope-Ludlam. 2 9/15/89 . Also present: Senior Assistant City Attorney Barlow, Deputy City Attorney Empeno. ADJOURN CLOSED SESSION At 2:22 p.m., the Closed Session adjourned to the Special Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:22 p.m., the Special Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Miller; Deputy City Attorney Empeno, Deputy City Clerk Reese, City Administrator Julian. Absent: Council Members Estrada, pope-Ludlam. ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING AN INTERIM MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS IN THE VERDEMONT AREA UNTIL AN ACCEPTABLE PLAN OF FINANCING THE CONSTRUCTION OF THE BASIC PUBLIC WORKS INFRASTRUCTURE IS ASSURED, AND DECLARING THE URGENCY THEREOF. (2) . Mayor Holcomb stated that the purpose of the Special Meeting is to consider a moratorium on the issuance of building permits for any further development in the Verdemont Area until a plan is put together assuring funding for all major infrastructure in that area. It has not yet been determined what would be included in the term "major infrastructure", and that would be defined during the moratorium. He stated there has been a great deal of concern over the word "moratorium", so suggested that the word "huddle" be substituted. Mayor Holcomb stated he felt the "huddle" period would be to the benefit of everyone concerned while the City put together a financing plan. He expressed regret that the area did not have a master plan and that the infrastructure was not put in place prior to the development that has occurred. He stated that there are certain legal requirements that have to be met. Findings have to be made based on safety issues that pose an immediate threat to the health and safety of the citizens. He was concerned with those issues and also what would happen if the City allowed continued helter-skelter development. It was his opinion it will be many years before there are streets, curbs, gutters, sidewalks and street lights that are needed in this area. He stated that at this meeting . 3 9/15/89 . consideration would be given to a prima facie case as far as health and safety is concerned and details will be considered at a later time. He stated that one of the benefits of putting in the infrastructure at this time would be that the cost to the developer would be substantially reduced because of the concept that the bigger the area that is being developed, the lower the unit cost. Mayor Holcomb explained that another advantage would be the plan he is proposing would be patterned after the Escondido Plan that the Water Department used so successfully in funding the waste water treatment plant. He stated that a number of developers have indicated agreement with that concept. Another advantage is that the developer would know precisely the status of the infrastructure and won't be concerned about what its going to cost to develop several years in the future. . He stated that there aren't many developments ready for a building permit within the next sixty days, so the urgency has lessened considerably. He suggested that the ordinance could get a first reading today and further action be taken at the next Council Meeting. Roger Hardgrave, Director of Public Works/City Engineer, gave the background of the Verdemont Area and stated that it was subdivided many years ago for agricultural purposes. The County improved most of the streets as narrow two-lane country roads. This situation has worked well during the years that the Verdemont Area was a low density, under-developed agricultural area. It is now in the state of transition. Residential developments are occurring, traffic and population are increasing. As a consequence, the entire infrastructure is overtaxed. Mr. Hardgrave stated that the most obvious problem is in the street system. As traffic increases, there is potential for more traffic accidents. The Traffic Engineering Section indicated there were about 53 accidents in the area over the last two years. That can be expected to increase dramatically over the next few years unless improvements are made. The increased number of residential units in the area also generates more pedestrian traffic in the existing streets which are not equipped with sidewalks and forces pedestrians to walk on the dirt shoulders. This also creates the potential for accidents. . 4 9/15/89 . City policy requires street lights at all intersections and mid-block. The main purpose of this is to allow traffic to flow safely for both vehicles and pedestrian. The lights also serve a secondary purpose by lighting up the area to reduce crime and discourage vandalism and other unlawful activities. Mr. Hardgrave also explained that much of the Verdemont Area is not connected to the City sewer system, so many of the homes are served by septic tanks. Any time there are septic tanks, there is a potential for ground water contamination. He suggested that the present sewer system needs to be extended throughout the area. Mr. Hardgrave answered questions regarding the sewer system, and the ratio of traffic accidents in the Verdemont Area compared to other areas of the City. . Mayor Holcomb stated that he felt that the testimony just given was more than sufficient to establish Findings of Fact. Frank Ayala, Administrator with the San Bernardino City Unified School District, stated the District is planning to construct a new school in the North Verdemont Area that should be open in a few years. However, this will not take care of the impact of students in that area. The School District anticipates an annual increase of 2,000 to 3,000 students per year, and a total of about 59,000 students throughout the City by 1996. A good portion of that number will be in the State College Area which extends up to Devore. Mr. Ayala stated it is important to study school needs in terms of providing adequate housing and education as well as health and safety. They have converted all existing facilities possible to schools and need additional schools in the Verdemont Area. He stated they have gone to a year-round schedule. The bussing of children has created a problem because of lack of adequate surface streets and infrastructure. The administration would welcome a breathing spell to catch up with the growth during a moratorium. David Mylnarski, representing Monnig Development, 501 N. Placentia, Fullerton, CA, stated that Monnig Development, as well as other builders in the area, has been participating in an effort to make sure that the development of Verdemont was orderly and provided quality growth. He also explained the assessment district programs in effect. He agreed that there is a need in the Verdemont Area for infrastructure and the development of schools and additional facilities. . Mr. Mylnarski stated that the development community is very concerned about imposing a "huddle" whether it be temporary or not. Previous "huddles" have cost them time and a percentage of 5 9/15/89 . the market to provide quality housing, while other areas have been able to take advantage of that market. He also pointed out that the City was unable to collect development fees during previous moratoriums, which is not a healthy situation for the City or the developers. Mr. Mylnarski stated they were willing to cooperate with the Ci ty and work towards developing the Mayor's proposal for a financing program. He also spoke regarding the equitable application of how those fees are to be collected and spent. . Mayor Holcomb explained that the proposed "huddle" would be different than previous "huddles", as this would not be a complete shut-down of all processing of development plans and would be of a very short duration. He stated it would be an equitable program with many trade offs. Mayor Holcomb stated that the City's development fees are substantially below the median of surrounding communities, and that in the near future he plans to recommend that the Council increase those fees to the median of other communities or maybe a little higher. He explained this will be done to address one of the biggest complaints from the development community, that of delays in processing plans and getting building permits. He stated that the delays are caused because the City doesn't have sufficient qualified staff working in those departments, as the City has lost many of those employees to other jurisdictions paying higher wages. Michael Flesch, P. O. Box 3925, Ontario, CA, stated he was one of the owners of a mobilehome project on Kendall Dr. previously approved by Council. He questioned whether or not his project was included in the area defined as the Verdemont Area. Roger Hardgrave, Director of Public works/City Engineer, answered questions, stating that he believed the ordinance indicated that all the area in the Verdemont Area General Plan is covered, and would include Mr. Flesch's property. Mr Flesch stated it was his theory that the definition of the area involved is too broad and suggested that the area be redefined to exclude his property. . Mr. Flesch answered questions, stating that they are preparing drawings now and are not ready to pull permits. He explained that they do not intend to shirk their responsibilities, but they had spent approximately one year addressing the issues and conducting various studies. They have made agreements with the City to go beyond the fees and provide certain improvements and services. He wanted to be assured that 6 9/15/89 . . . they are not swept in with other developers in an area in which they are not appropriately involved. Mr. Flesch stated he was concerned that a finding would be made today that would be contrary to previous findings if his property were included. He suggested that Kendall Drive be made the southern boundary instead of the Freeway. He explained that his is the only project in that area which has findings. He stated he was not suggesting they be exempt from fees. Mayor Holcomb asked the Director of Public Works/City Engineer if the area could be redefined. Roger Hardgrave, Director of Public Works/City Engineer, responded that if the Council so agreed, they could direct the City Attorney's office to revise the ordinance by interdelineation to exclude the area southerly of Kendall Drive. Deputy City Attorney Empeno stated that the definition of the area is in Section 2 of the proposed ordinance and that language could be amended if the Council so desires. He recommended that there be specific reference to what streets would be boundaries. Mr. Empeno explained that the present wording of the ordinance only affects the issuance of building permits. It was his understanding that a mobilehome park does not require the issuance of a building permit. It only requires the issuance of a mobilehome siting permit. He suggested that if the Council wished to include mobilehome parks they might consider amending Section 3 to include mobilehome siting permits as part of the prohibition. Roger Hardgrave, Director of Public Works/City Engineer, stated it was his understanding that a building permit would be needed for the clubhouse. Mayor Holcomb suggested that the proposed ordinance be amended by adding to paragraph 2 the following language: "excluding therefrom all the area south of Kendall Drive." Vickie Flanners, 3228 Washington Street, a resident of the Verdemont area, suggested that the mobilehome park should be included in the Verdemont area, as there will be children in the park who will be attending area schools, and adults who will be using streets and other facilities in the area. She did not object to the project, but felt that the developer should participate in the financing of the infrastructure. The local residents have already been assessed by the Flood Control District because of new development and will continue to be assessed for additional services. She agreed with the Mayor that a time is needed to study the needs and how to finance them. 7 9/15/89 . . . Mayor Holcomb stated that findings have been made for the mobilehome park development that are inconsistent with the findings here. Therefore, he suggested that the project be excluded at this time. If the differences can be reconciled, the matter can be brought back at the next meeting. Susan Kamanski, 3293 Irvington, explained that she had chosen to live in an agricultural area and was satisfied with the inconveniences of the area. However, people coming from out of the area don't want to put up with the lack of services, and want the local residents to help pay for improvements. She requested that consideration be given to a period of time to allow development to slow down and some of the problems solved. Robert wolf, 1150 N. Mountain Avenue, Upland, Legislative Advocate for the Building Industry Association of Southern California, stated he was not in favor of the proposed "huddle". He asked that the BIA be allowed to continue to work with the City in providing a workable financing plan for the infrastructure in the Verdemont Area. Council Member Reilly made Member Flores, that Section 2 amended by adding the language: south of Kendall and Pine." a motion, seconded by Council of the proposed ordinance be "excluding the mobilehome park The motion failed by the following vote: Ayes: Council Members Reilly, Flores. Noes: Council Members Maudsley, Minor, Miller. Absent: Council Members Estrada, Pope-Ludlam. Council Member Minor made a motion that Paragraph A of Section 5 be amended by adding after the word "facilities" the following language: "including public schools". The motion failed for lack of a second. Deputy City Clerk Reese read the title of the ordinance. Council Member Minor made a motion, Member Miller and unanimously carried, to language from the title of the ordinance: urgency thereof." seconded by Council delete the following "and declaring the Deputy City Attorney Empeno answered questions, stating that by passing this ordinance as a regular ordinance, Section 5 could be retained, with a change in language that it not be ffective immediately, but would be in effect at the time allowed in regular ordinances. 8 9/15/89 . . . Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that further reading of the ordinance be waived, and that Section 5 be amended to read in part as follows: "SECTION 5. uraency: This ordinance is an urgency measure necessary for the immediate preservation of the public peace, health and safety and shall become effective within 30 days after its adoption and approval. . . . ." Miller made a motion, seconded by Council said ordinance be laid over for final Council Member Member Minor, that adoption. The motion failed by the following vote: Ayes: Members Reilly, Minor, Miller. Noes: Council Members Maudsley. Absent: Council Members Estrada, Pope-Ludlam. Council Flores, ADJOURNMENT At 3:20 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the meeting be adjourned to 8:30 a.m., Monday, September 18, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. It~ ~~".1Q} Deputy C ty Clerk No. of Items: No. of Hours: 2 1 1/4 9 9/15/89