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HomeMy WebLinkAbout09-02-2003 MinutesMINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING SEPTEMBER 2, 2003 COUNCIL CHAMBERS 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 Mayor/Chairman Valles at 1:41 p.m., Tuesday, September 2, 2003, 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: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Cassandra Dailey v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 034774; Michelle P. Arroyo v. City of San Bernardino, et al. - United States District Court Case No. CV 02-8967 ABC (SHSx) San Bernardino Superior Court Case No. SCVSS 100619; Candice Dick v. City of San Bernardino, et al. - United States District Court Case No. EDCV 02-158 VAP (SGLx); Travis O. Tolbert v. City of San Bernardino, by and through its Police Department; Officer Dennis Han (#50356) and Does I-V - United States District Court Case No. EDCV-02-550 (SGL). 1 9/2/2003 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Neighbors of San Manuel Tribe v. City C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. Allan Steward and Gil Lara City v. San Manuel Band of Serrano Mission Indians D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on 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. Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino City Professional Firefighters' Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property Address: Negotiating Parties: HUB Properties, APN 0281-081-19 and 0281-081-20 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Kam Mie Nanney-Wong, property owner. Under Negotiation: Purchase price, terms & conditions 2 9/2/2003 2. Property Address: HUB Properties, APN 0281-082- 057 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and V ibhakerbhai Patel, property owner Under Negotiation: Purchase price, terms & conditions Property Address: HUB Properties, APN 0281-081-01, 0281-081-02, 0281-081-03 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Cecilia Moreno and Robert Newman, property owners Under Negotiation: Purchase price, terms & conditions City Attorney Penman announced that the following additional cases would be discussed in closed session: Under Agenda Item IA - Existing Litigation: Jaime Alvarez v. City of San Bernardino, et al. - United States District Court Case No. CV 00-03048 PA. Under Agenda Item 1B, Anticipated Litigation, Significant Exposure to Litigation: Litigation under Government Code Section 54956.9(3)(A) - Facts and circumstances that might result in litigation against a local agency but which the local agency believes are not yet known to potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. Under Agenda Item 1C, Anticipated Litigation, Initiation of Litigation: City of San Bernardino v. City of Colton, William McCook - Billboards located at the I-10 and I-215 interchange. 3 9/2/2003 Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Sister Mary Frances Coleman of the Diocese of San Bernardino, followed by the pledge of allegiance, led by Council Member/ Commissioner Anderson. 2. Appointments There were no Commission appointments. 3. Proclamations & Presentations Representatives from the San Manuel Band of Mission Indians presented a check in the amount of $45,312 to Mayor Valles and Fire Chief Pitzer to be used in the development of fitness and wellness programs at all City fire stations. This represents 30 percent of the total cost, with 70 percent ($105,728) being paid by a FEMA grant received by the City. Mayor Valles presented a certificate of recognition and appreciation to Mary Ryan, who, with her husband, has owned and operated Molly's Caf6 at the corner of Court and "D" Streets since 1989 and has been an active participant in the Route 66 Rendezvous for the past 11 years. Mayor Valles read a proclamation re -dedicating September 11, 2003, as "Always Remember 9/11 Day" and announced that on September 11 the City, in cooperation with the five Rotary Clubs in San Bernardino, would be holding a ceremony to honor the memory of victims of the 9/11 tragedy, as well as the men and women in the military currently serving in Iraq and Afghanistan. 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 4 9/2/2003 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 6. Claims & Payroll Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated August 19, 2003, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 7. Personnel Actions Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that the personnel actions as submitted by the Chief Examiner dated August 26, 2003, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 8. RES. 2003-251 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submission of a financing application to the California Infrastructure and Economic Development Bank for financing of the Verdemont Fire Station and approving certain other matters in connection therewith. Council Member/Commissioner McCammack expressed concern that back in 2000 this Council approved a document/plan relative to better fire response times, and part of that plan included relocation of four fire stations, building the 5 9/2/2003 Verdemont fire station, and other necessary improvements including compliance with ADA requirements and additional restroom facilities for the fire fighters. She noted that back in 2000 the estimated cost had been $7.5 million, while the quote today is $9.5 million. Ms. McCammack noted that the City currently has $6 million available to them through the California Infrastructure and Economic Development Bank, and since the City needs to make these improvements and since the Verdemont fire station needs to be built, it would seem prudent at this time to use this funding source. She stated that she would like the Council to consider borrowing the additional $6 million for this purpose. She pointed out that every day the Council waits to make a decision, the costs are increasing and the interest rates are increasing. Also, if the Council fails to take action to borrow this money, then another entity within the City (such as the Water Department) might do so, and there would be nothing left. Council Member/Commissioner Longville pointed out that Ms. McCammack's comments made it clear why all the Council members are so anxious to have the final Capital Improvement Program (CIP) brought back to them. She noted that in the one workshop the Council had relative to the CIP, it was not just the Fire Department that had needs —that there are infrastructure needs in other departments and City facilities as well. Ms. Longville stated that she would agree that the City should take advantage of the State Infrastructure Bank; however, the Council needs to look at the whole CIP, and this needs to be done quickly, as it has taken far too long getting this document back. She reminded everyone that the Council had directed staff to come back with responses to specific questions the Council members had at the time of the workshop and to also bring back the CIP budget. City Attorney Penman advised that the Council had directed that the CIP come back to them specifically listing what the projects were, and that was assigned to Engineering. Council Member/Commissioner Suarez expressed agreement with Ms. McCammack's comments, but felt the Council should move on the current motion. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. (Note: The motion was subsequently amended.) 6 9/2/2003 Council Member/Commissioner Anderson stated that she would like to see Ms. McCammack's recommendation referred to staff; and for staff to follow-up and come back with a recommendation to the full Council, since it was now known that the City could borrow up to $6 million to do the restrooms, and in fact, take one department and completely do everything that is necessary. Mayor Valles stated that she needed to put everything into perspective, and she didn't want anyone to misunderstand —she was not saying that the fire station is not important. However, as staff looks at the list of demands that are being placed on the City, the Fire Department's needs are just one of many; and these things must be looked at holistically. She stated that if the City does in fact have $6 million more borrowing capacity, then the CIP needs to be looked at — with the fire stations certainly being considered. City Attorney Penman pointed out that there are other sources to borrow money from while interest rates are low; that while Special Counsel Sabo limited himself to the one fund, there are other sources that the City and Council can consider. Council Member/Commissioner Estrada stated she would be very interested in finding out the specifics of this $2 million increase in cost —whether it was land cost, construction costs, manpower numbers, or what. She added that rather than sending the matter back to staff, she would prefer that it go back to Ways and Means where all three committee members would have an opportunity for input and to ask for the specific information they need. City Attorney Penman informed Ms. Estrada that the figures regarding the $2 million increase in costs came from a memo that originated from the City Administrator's Office that was very specific. He suggested that Ms. Estrada confer with City Administrator Wilson regarding this information. Council Member/Commissioner McCammack stated that she wanted to point out that in the CIP there is probably $500,000 to $700,000 worth of repairs that need to be done to the fire stations (including the restrooms), and if those are going to be done on stations that are going to be relocated, that makes no sense at all; therefore, she would like to amend the motion. Council Member/Commissioner McCammack amended the motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted; and that the matter be referred to Ways and Means to look at financing ability, real costs, rates, and how the City is going to pay for it, and once that information is ascertained and compiled into an informative document, bring it back to the full Council for discussion at the time of approving the CIP budget to ensure there is no double spending. 7 9/2/2003 Council Member/Commissioner Longville stated that she thought that Ways and Means is obviously one place the matter should be referred to; however, the whole CIP needs to come back to the whole Council for input --that before Ways and Means begins determining how much the City is going to borrow and for what, the whole Council needs to see the whole CIP and provide some direction. Otherwise, Ways and Means will have worked too long and gone too far before the rest of the Council has had an opportunity for input, and they all have a fiduciary responsibility to the infrastructure of this City. She stated she wanted to make sure that the Council gets the CIP, and that they are able to provide some direction to it as well. Mayor Valles assured the Council that the C[P would come back to the entire Council in the near future. The motion carried and Resolution No. 2003-251 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 9. Authorize submittal of a Request for Reimbursement to SANBAG for Transportation Development Act (TDA) Article 3, Pedestrian Access to Transit Facilities Projects Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council authorize the Director of Finance to execute the attached Claim Forms marked Exhibit "A", requesting reimbursement in the amount of $16,602 in accordance with Article 3, PUC Section 99234a "Pedestrian Access to Transit Facilities" for installation of bus pads, sidewalks, and ADA access ramps, per Plan No. 10412. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 10. RES. 2003-247 - Resolution of the City of San Bernardino authorizing the Director of Development Services to execute on behalf of the City Utility Agreement No. 19948 with the State of California, Department of Transportation (CALTRANS) for the relocation of City sewer facilities due to the construction of the SR-210 Freeway. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. 8 9/2/2003 Resolution No. 2003-247 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 11. RES. 2003-248 - Resolution of the City of San Bernardino authorizing the Director of Development Services to execute on behalf of the City Utility Agreement No. 17604 with the State of California, Department of Transportation (CALTRANS) for the relocation of City sewer facilities due to the construction of the SR-210 Freeway. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2003-248 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 12. Authorize Director of Development Services to solicit proposals for professional Civil Engineering Services - design of sanitary sewer line replacements/upgrades in "E" Street, Chandler Place, Inland Center Drive, Virginia Street, 17' Street, an alley south of Jefferson Street, and Arrowhead Avenue - authorize the RFP format for future use to solicit proposals for future Public Works projects City Attorney Penman reminded the Council that this item had come before them in April, and the Council was concerned about the selection process being used. He noted that at that time, there was a two-step evaluation process for these items, and the first step was that Development Services would review all the applications and grade them, without considering the cost. Staff had done that, and a San Bernardino firm got the same grade as an out-of-town firm, yet the out-of-town firm was recommended for approval. The Council refused to go along with that recommendation and had referred the matter back to staff for additional review, to include looking at the issue of local preference. Staff had followed the Council's direction, and the item was now back before them. City Attorney Penman submitted into the record Executive Order 2003-1, Local Business Preference for Contractual Services. City Clerk Clark advised that changes had been made to the backup relative to the Selection Process; however, this would not change the recommended motion as shown on the agenda. 9 9/2/2003 She noted that on page 4 of 6, under Section IV, Selection Process, paragraph 1 - line 6 -- "minimum of two (2) employees" was changed to read, "minimum of one owner or employee" and on line 9 - " 105 points" was changed to read, "100 points." Paragraph 2 - line 7 -- "105 points" was changed to read, "100 points." Also, the rating sheets were amended to reflect these changes. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council authorize the Director of Development Services to solicit proposals for Professional Civil Engineering Services for the design of sanitary sewer line replacements/upgrades in "E" Street, from Hunts Lane to McKay Drive; Chandler Place, from "E" Street to Orange Show Road; Inland Center Drive, from "H" Street to I-215 Freeway; Inland Center Drive, from Scenic Drive to I- 215 Freeway; Virginia Street, from "I" Street to "H" Street; 17' Street, from "I" Street to "H" Street; an alley south of Jefferson Street to Inland Center Drive; and Arrowhead Avenue from Mill Street to Chandler Place; and that the attached Request for Proposal format be authorized for use to solicit proposals for future Public Works projects. The motion carried by the following vote: Ayes: Council Members/ Commissioners Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 13. RES. 2003-249 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to purchase one new Pierce fire apparatus from Pierce Manufacturing, Inc.; solicit bids to purchase ancillary equipment and emergency medical services equipment, and enter into a lease purchase agreement to fund these purchases and the purchase of two new street sweepers. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted; that the Director of Finance or her designee be authorized to 1) issue a purchase order to Pierce Manufacturing, Inc., in the amount of $358,853.83 to purchase one new Pierce fire apparatus; 2) issue a purchase order to the lowest bidder for ancillary and emergency medical services equipment in the amount of $73,000; and 3) enter into a lease purchase agreement with Sun Trust Leasing for the Pierce fire apparatus and sweepers as outlined in the staff report, dated August 13, 2003, from Larry Pitzer, Fire Chief; and that the Director of Finance be authorized to amend the Fiscal Year 2003-04 budget by appropriating an additional $8,900 from the budget end balance excess to Account No. 001-202-5803. 10 9/2/2003 The motion carried and Resolution No. 2003-249 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 14. RES. 2003-250 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Amendment No. 1 to the Concessionaire Contractual Agreement between the City of San Bernardino and Diamond Creations, Inc. to extend concession services at the San Bernardino Soccer Complex through November 19, 2003. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2003-250 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 15. RES. 2003-252 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to submit an application to the California Department of Health Services, for the California Nutrition Network Grant in the amount of $156,888 for the three-year period of October 1, 2003 through September 30, 2006. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2003-252 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 16. Authorization to proceed - preparation of documents and appropriate Municipal Code amendments to impose a special tax district for the operation and maintenance of the proposed Verdemont Fire Station on new development only (Continued from August 4, 2003) Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McCammack, that staff be authorized to proceed with the preparation of documents and appropriate Municipal Code amendments to impose a special tax district for the operation and maintenance of the proposed Verdemont Fire Station on new development only. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 11 9/2/2003 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement with J. R. Watson Development Company & Associates for grading of Campus Parkway between Kendall Drive and Northpark Boulevard. (Continued from August 18, 2003) (Note: The resolution was not distributed with the backup materials.) 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: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 18. A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a contract between the South Coast Air Quality Management District and the City of San Bernardino for the receipt of grant funds in the amount of $143,208 for construction of the LNG-L/CNG Fueling Station at the City Corporate Yard. (Continued from August 18, 2003) (Note: The resolution was not distributed with the backup materials.) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the matter be continued to the Council/Commission meeting of September 15, 2003. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack, Nays: None. Absent: None. 19. An Ordinance of the City of San Bernardino amending Chapter 9.92.020 of the San Bernardino Municipal Code concerning the qualifications of Administrative Law Officers. FIRST READING Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 12 9/2/2003 20. RES. 2003-253 - Resolution of the City of San Bernardino implementing a Memorandum of Understanding between the City of San Bernardino and employees in the Police Safety Employees' Bargaining Unit of the City of San Bernardino represented by San Bernardino Police Officers' Association (SBPOA). Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2003-04 adopted budget and transfer $122,500 from the General Government budget, Account No. 001- 092-5011, to the Police Department budget (various personnel line items). The motion carried and Resolution No. 2003-253 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 21. Designate Voting Delegate - League of California Cities Annual Conference September 7-10, 2003 - Sacramento, California Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McCammack, that Council Member/Commissioner Derry be designated as the City's voting representative for the League of California Cities Annual Conference to be held September 7-10, 2003 in Sacramento, California. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff Present Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel. Absent: None. 13 9/2/2003 R22. Rules governing owner participation in the Mt. Vernon Corridor Redevelopment Project Area Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that the Community Development Commission approve the motion to authorize Redevelopment Agency Staff to proceed with the necessary Owner Participation notices to certain property owners within the Mt. Vernon Corridor Redevelopment Project Area and the preparation of a draft Redevelopment Project Study and Redevelopment Assistance Agreement with Tri Palm Development Inc. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 23. Appeal hearing - Appeal No. 03-05 - request to overturn the Planning Commission's denial of Tentative Parcel Map No. 15893, to subdivide 6.64 acres into four parcels with a minimum lot size of 1.0 acre - property is located at 7585 N. Martin Ranch Road - northwest corner of Meyers Road & Martin Ranch Road (Continued from July 21, 2003) (Note: Prior to the 5 p.m. recess, Council Member/Commissioner Suarez stated that he needed to declare a conflict on Agenda Item No. 23, because the applicants had contributed to his campaign; therefore, he would not be returning to the meeting at 7 p.m.) Mayor/Chairman Valles opened the hearing. City Planner Valerie Ross advised that the project site is located in the very northwestern most part of the city in the Verdemont area, surrounded by largely undeveloped holdings ranging from a couple of acres on up. She stated that although the parcels meet the minimum size of one acre as required by the General Plan and Development Code, staff believes that the proposed map is not consistent with General Plan policies due to the lack of infrastructure in the area. She noted that there is no water, sewer, or gas in this area; and there is only one means of access and that is Martin Ranch Road to Meyers Road, over to Little League Drive. Ms. Ross advised that all parcel maps and tract maps are required to provide infrastructure, either through a subdivision agreement or through bonding; and staff is not aware of any subdivision or parcel map applications in well over 15 years that have been approved without the required infrastructure improvements. 14 9/2/2003 She stated that although the owners have indicated that they have no immediate plans to develop the parcels, once the parcel map is approved, staff believes the City would be compelled to issue building permits for those lots. As a result, staff was recommending that the Mayor and Council deny the appeal and uphold the Planning Commission's denial of Tentative Parcel Map No. 15893. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to Jim Hamlin, Dennis Soares, and Randy Wyatt that they would provide true and honest testimony. Jim Hamlin, 568 N. Mountain View Avenue, San Bernardino, CA, stated that the applicant, Dennis Soares, was one of his clients. According to Mr. Hamlin, his client came to the City about three years ago to pull a permit on the house that currently sits on parcel 1—a house which was built for and is now occupied by his in-laws. There was a brief discussion at the public counter at that point in time, and Mr. Soares was led to believe that he could split this parcel off once the house was built. Two years later, after construction, Mr. Soares came to Mr. Hamlin about dividing. At that time he had been to City Hall and discussed his plans with staff, along with the future purchaser, and there was no indication of any problems in this area. They submitted the tentative map and went through the Development Review Committee, and at no time was there an issue with secondary access. He and Mr. Soares understood that curb and gutter road improvements were a necessity, and never hid the fact that each site would be served with an individual well. Mr. Hamlin pointed out that presently, single-family development in that area requires that you have a well, propane, and septic disposal. He noted that the cost to bring water in from the nearest point. which is about 2,000 feet away, would be anywhere from $125,000 to $150,000; and sewer is out of the question because the nearest sewer is close to a mile away. Therefore, at this point in time, each site could be serviced by a well, which would provide adequate water, and septic disposal. He stated that they understood the need for the road improvements, but at this point in time, if they were to do that, they would ask that that be bonded or cash deposit, because at some point in time Meyers Road would have to be realigned, and to put improvements in at this point with the map would just be throwing money away. Mr. Hamlin stated that basically, they can provide services. Insofar as secondary access is involved, other than proNiding a 40-foot access strip down the westerly side, he didn't know what to tell the Council. He noted that his client can't afford to buy up land to provide access; there is no secondary access 15 9/2/2003 once you leave Little League Drive; and he didn't believe the subdivision just adjacent had secondary access. He closed by saying that the process for development in that area has been that a person can go to the City, they can pull a permit, and they can develop their single lot based on having their own water service, their own gas service, and their own septic. He stated that they are not bringing 100 or 200 lots into the area; they are just applying for the same rights and privileges that are enjoyed across Martin Ranch Road, which is a privately maintained asphalt paved road through the property. Basically, they are just asking that Mr. Soares have the same opportunity that his neighbors across the way have had. Dennis Soares, the applicant, 7575 Martin Ranch Road, San Bernardino, CA, submitted a letter dated September 2, 2003, addressed to the Council Members. He said he thought his appeal had some real merit, and that they were the victims of a lot of things in asking for this appeal --one thing being the fact that the Martin Ranch project was discussed one week prior to their project last time. He stated that the same people that were ready to approve the Martin Ranch Project and give it the go ahead, when it would create a 3600 car minimum going through Meyers Road, were the same people that came in and said that his project was going to be a safety hazard to the community. Mr. Soares stated that he and his wife have lived in this area for seven years, on a seven -acre lot, which prior to three years ago was covered with shrubs and brush that had been there for many, many years. They cleared out old tires, junk, and what not; and from the time that he purchased the land from the people that were there, through the real estate agent, it was assumed that he was going to be able to split the lot. And later, when they built the home up at the northwest corner and spoke with City personnel at the public counter it was assumed that they were going to be able to split the lot. He stated that he was really surprised when the staff report came back and recommended a denial. Mr. Soares stated that he wants to remain in San Bernardino, but he wants the opportunity to do and to have what his neighbors have regardless of whether it was more than ten years ago. He stated that he thought the criteria should be what the people are willing to do and how they are willing to provide the services and co -exist with what the City desires. Mr. Soares stated that there are a lot of things that can be mitigated. They have a water agreement that gives water to that particular land, plus the original well they put in for the home that they built on that land. There is abundant water, and they are even willing to provide wells on each parcel. He stated that as the City develops into that area, they would certainly have no problem hooking up 16 9/2/2003 to City facilities, but he feels it is going to be several years off. He stated that if there is anything they could do to further mitigate this, to please let them know. City Attorney Penman questioned Mr. Soares as to whether the property was located in the City of San Bernardino when he purchased it (Mr. Soares stated that it was); and whether he knew when he bought it that the surrounding land that had previously been developed in that area was developed when the zoning was different and it was rural land (Mr. Soares stated he was not aware of the different zoning). In response to further questioning from Mr. Penman, Mr. Soares confirmed that they would be installing below ground septic tanks and using water wells, not water towers. He reiterated that he certainly couldn't afford to bring sewer service in from Little League Drive; and in fact, all the homes up Meyers Road (well over 50) are all serviced by septic. Mr. Penman noted that these homes have been in existence for quite some time; however, Mr. Soares pointed out that a new home was being built just 200 yards from his proposed project, and he was sure it would be on septic. Mr. Penman questioned Mr. Soares about having a secondary access road for ingress and egress, and asked whether he was aware that he is in a very high fire danger area and that the City has been involved in litigation with other developers there to require them to put in secondary access and has refused to allow projects to go in there that did not have secondary access. Mr. Soares responded that he thought they could provide secondary access to the rear of their property, and they would also be willing to foot the bill on a secondary access road behind these properties. He stated that the road would drop them back onto Martin Ranch and onto Meyers Road, which is far more than anyone else up in that community has. Mr. Soares indicated that he hoped they could get along with slag, rather than a paved road; however, Mr. Penman advised that the City requires that secondary access roads be paved. Mr. Soares questioned how the City is able to issue building permits right now, to others, without the sewage and without the secondary access. City Planner Ross clarified that the Martin Ranch project was considered by the Planning Commission in February during a workshop; however, no decision was made. She noted that although they refer to the projects as similar, the Martin Ranch project is a much larger project, and one of the issues with that project was the secondary access. She indicated that insofar as the Martin Ranch project is concerned, basically the ball is back in the applicant's court; however, with staff s help they have identified what staff believes to be an 17 9/2/2003 acceptable secondary means of access for that project. She added that again, that project is of a much larger scale and will be required to put in reservoirs — it's in an area that is not served by any water because of the pressure zone —and they would also be required to extend the water lines up there as well as sewer, gas, and electric. Ms. Ross stated that insofar as the permits that staff is issuing, as mentioned by Mr. Soares, these are for existing lots of records that were subdivided many, many years ago --some of them when they came into the City, but some before they were even part of the City. Therefore, these are not new subdivisions being created, and as she pointed out earlier, all new subdivisions and parcel maps everywhere in the City are being required to provide the same water, sewer, and access. Ms. Ross advised that the proposed access that Mr. Soares mentioned does not meet the City's requirement for secondary access because it still takes the traffic out to the same place. She explained that the concern with having a secondary access --especially up in the Verdemont area and other hillside areas where there are frequently high winds and where, if there is a fire, it tends to be worse because of the high winds --is that if one point of access is cut off, the residents have another way out of the area and the fire personnel also have another way into the area. Therefore, Mr. Soares' suggestion for secondary access would not work. Not only is stag not permitted anywhere --all roads have to be paved --but again, it would not meet the secondary access provisions in the Development Code. City Attorney Penman noted that the City gets into a liability situation with the high winds, high fire danger, and the water situation. He stated he had a lot of sympathy for Mr. Soares and his family, but the City would be deviating from so many different rules if this was approved. Mr. Soares responded that he has more water and more water pressure at any point in his home than anybody up Meyers Road, and his neighbors had previously testified to that. As far as the fire and high winds, he pointed out that the City is willing to allow building up against the hill up there, where there is all kinds of brush that hasn't been cleared out for years and years. He stated that his property is cleared out and clean, and if the neighbors behind him were required to clean theirs, they would have no fire danger. Mr. Soares stated that he hires someone to clean the land 50 feet deep all the way around his property in order to protect it. 18 9/2/2003 Mr. Soares stated that he would develop the land, even if he can't subdivide it, but he urged the Council to reconsider --that just because the City has it on record that they haven't done something in 15 years, doesn't mean it can't be a first now. He pointed out that 15 years is nothing when you are talking about undeveloped land. Mr. Soares stated that he felt that if he was a big land development corporation staff would be looking at him a lot more realistically and would be willing to provide him with these things. But, he's not; he's a private individual who loves living in San Bernardino and wants to continue living in San Bernardino; and he asked the Council not to turn their back on him just because something has not been done for 15 years. Council Member/Commissioner Longville asked Ms. Ross what would be the likelihood of future development bringing the sewer system up to the property. Ms. Ross responded that development in that area is somewhat scattered --that future development was likely, but she couldn't gauge when. She stated that there has been a lot of interest in that area recently, as well as the whole Verdemont area --especially since it now looks like a secondary means of access might be identified to serve the more northwestern part. Randy Wyatt, 350 N. Rancho Avenue, San Bernardino, CA, owner of property in the Verdemont area, stated that realistically neither water nor sewer would reach that area in our lifetime. He stated that most of the property is large acreage and everybody has wells; adding that if the City never lets anyone do any development and never lets anyone subdivide, nothing will happen in that area unless the Council makes it happen. He stated that there may be some assessment the residents will have to withstand, but the City can't look at this area like the rest of San Bernardino. He pointed out that there is currently property all over San Bernardino that is still on septic tanks; and noted that their property is down hill from Meyers Road, so they would have to pump sewage up hill if there ever was a main put in for sewer. He ascertained that it just doesn't make sense to require this when septic tanks work just fine. Mr. Wyatt stated that secondary access would be a great thing at some point, but it's not going to happen today. He added that everybody knows there is a fire problem up there because of where it's at; in fact, he recently had problems getting fire insurance because of it. However, if development is never allowed, it is always going to be a problem. He noted that once it starts to develop, it will be easier for people to get insurance, the roads can be widened, curb and 19 9/2/2003 gutters can be installed --a lot of things can be done. But if the process is never allowed to start, it's never going to happen. Council Member/Commissioner McCammack stated that Mr. Wyatt's points were well taken, and she understood what Mr. Soares was saying. However, even if the City could overlook the sewer/septic tank problem, the real issue here was the secondary access road required by the General Plan, and she did not believe the Council could waive this requirement. She stated that she believed Mr. Soares ought to be able to develop his property, but he needed to do it at a time when the requirements weren't as they are now. She added that maybe at another time these parcels will be subdividable in a way that will work out for the applicant; but in reality, secondary access is a critical issue, and the liability issue is too great for the Council to take a chance. Discussion continued regarding the Council's need to make something happen in this area, the requirements of the General Plan as it is currently written, and clarification of the configuration of the secondary road proposed by Mr. Soares. City Attorney Penman stated that he had a great deal of sympathy for these residents, but he didn't believe the Council, under the wording of the Code, had the legal ability to waive this; and he read directly from Section 19.30.200 of the Development Code regarding the access issue. (Note: For reference purposes, a copy of Development Code Section 19.30.200, as read into the record by Mr. Penman, has been included in the backup materials for this item.) Mr. Penman stated that ultimately the final problem is that the secondary access road, as proposed by Mr. Soares, goes right back to the same road, so it's not really another way out —it's just sort of like a trap. Mr. Hamlin pointed out that to develop single lots, and there are numerous single lots out there, the City is essentially violating every principal in the Development Code when they allow someone to come in and build a single lot. He noted that these lots do not have water, do not have sewer, do not have gas, and do not have a secondary means of access. In fact, Meyers Road, at this point in time, is lucky to be 20 feet wide on his client's property and then it runs out, yet permits are still being issued. City Attorney Penman reiterated that under the law, these properties were subdivided earlier, the parcels were established earlier, they are not subject to the same restrictions that a new subdivision would be, and basically the hands of both staff and the Council are pretty much tied by the law. 20 9/2/2003 Discussion ensued regarding the cost of building a secondary access road, the fact that the cost to acquire the necessary right-of-way would be prohibitive, and where the secondary access road currently being considered for the Martin Ranch project would go. Ms. Ross stated that the proposed secondary access would be a loop, like a half circle, generally going north and then back down. It would involve an all weather crossing across Cable Creek and would hook up to an extension of the frontage road, which now stops a little bit past the one house that sits by itself on the freeway --basically, north, then west, and then back to the freeway. Council Member/Commissioner Longville stated that this is one of those cases where there should actually be something in the General Plan for a landlocked area like this; for them to be considered a subdivision when they are surrounded by other properties that have developed this way, and then be unable to take a good piece of land where there could be some beautiful houses and not use the property, is unfortunate. She stated that although she thought it was wrong, and really wished there was something in the General Plan which could help them, her hands were tied in the sense that she could only approve what is in the General Plan. Ms. Longville noted that the City is currently doing a General Plan revision, and she thought this particular area, which is right on the border of the city, should be addressed, because the current requirements do not make sense in that particular area. She acknowledged that the Council couldn't do anything now, but that some good arguments had been made for a change to the Plan, because as Mr, Wyatt said, not in our lifetime will we ever see it happen. She thought it would be possible in the new General Plan to at least consider small subdivided areas —not big subdivisions; and although that was for another day, the arguments had been made. Mayor Valles advised that it could be addressed now as the City is reviewing its General Plan, that Ms. Longville's point was well taken, and that Mr. Funk, Director of Development Services, was in the audience and she was sure he would make a note of it. City Attorney Penman advised that some additional language needed to be added to the motion —that following the word "upheld" there should be a comma followed by the words, "based upon the Findings of Fact contained in the Planning Commission staff report." 21 9/2/2003 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that the hearing be closed; and that the Planning Commission's denial of Tentative Tract Map No. 15893 (Subdivision No. 02-04) be upheld, based upon the Findings of Fact contained in the Planning Commission staff report. The motion carried by the following vote: Ayes: Council Members/Commissioners Longville, McGinnis, Derry, Anderson, McCammack. Nays: None. Abstentions: Council Member/Commissioner Suarez. Absent: Council Member/Commissioner Estrada. Mr. Soares stated that he appreciated the Council's comments and concerns relative to development in this area and the plight in which he now finds himself. He stated that he would like clarification of the requirements and an opportunity for reconsideration in the event he could improve project deficiencies or subscribe to certain changes in the future. He also asked whether interested persons could sit in on the General Plan discussions relative to this area, and the Mayor answered in the affirmative. 24. Public Comments Paul Sanborn, 3559 Genevieve, San Bernardino, CA, expressed his thoughts regarding a local newspaper article relative to those candidates running for local office who are being endorsed by, and receiving support from, the local Police and Fire Associations; expressed his support for Council Member McGinnis; and advised that he is running for the Seventh Ward Council Seat, but does not accept monetary contributions from anyone. Jeff Frazier, resident of an area newly annexed into the City of San Bernardino, inquired about various City regulations (his main concern being the parking of his motorhome at the front of his home) and whether City staff would work with the residents on this and other items. Council Member/Commissioner Derry noted that the City's Utility Tax was another issue facing these new residents; and the Mayor advised that staff would get back to these residents with some answers. John Bell, P.O. Box 3142, Patton, CA, local hip -hop artist and activist, stated that the City of San Bernardino has an Executive Order which bans Raves and Hip -Hops, and he believes there needs to be an opportunity for this matter to be aired in front of the full Council. 22 9/2/2003 City Attorney Penman explained that the City does not have an Executive Order banning Raves and Hip -Hops —they just can't be conducted at any City -owned facility between the hours of 1 a.m. and 6 a.m. S1. Report by City Attorney - Gang/Prostitute Injunctions & Red Light Abatements - Inspection/Asbestos/Demolition Warrants - Code/Fire Team Inspections City Attorney Penman presented an overview of the staff report and attached documents, which provided detailed information on dates and addresses of said injunctions, abatements, warrants, and inspections. Mr. Penman explained that injunctions prohibit people from doing things they normally do and allows a police officer to make an arrest before the crime is committed. No action was taken on this matter. 25. Adjournment The meeting adjourned at 8:19 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, September 15, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 26 No. of Hours: 5 RACHEL G. CLARK City Clerk By: _Lz=C6 Linda E. Hartzel Deputy City Clerk 23 9/2/2003