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HomeMy WebLinkAbout01-11-1993 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING JANUARY 11, 1993 COUNCIL CHAMBERS This is the time and place set for an adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino from the regular meeting held at 8:30 a.m., Monday December 21, 1992, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on Monday, December 21, 1992, 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 at 11:00 a.m., Wednesday, December 22, 1992, on the door of the place at which said meeting was held. The adjourned Council of the City Mayor Holcomb at 8:35 300 North "0" street, regular meeting of the Mayor and Common of San Bernardino was called to order by a.m., in the Council Chambers of city Hall, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Maudsley, Minor, Miller; City Attorney Penman, city Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Hernandez, Pope-Ludlam. RECESS MEETING - CLOSED SESSION At 8:36 a.m. the Mayor and Common Council and Development Commission recessed to closed session following: a. to confer with the attorney regarding pending litigation pursuant to Government Code section 54956.9(b) (1), as there is significant exposure to litigation; (1) Community for the b. based on existing facts and circumstances, set out below, the city Council is meeting only to decide whether a closed session is authorized pursuant to California Government Code section 54956.9 (b) (2); 1 1/11/93 c. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending section decide d. to consider personnel matters pursuant to Government Code section 54957; e. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code section 54957; f. to give instruction to the city's/Commission's negotiator on the purchase of property pursuant to Government Code section 54956.8. The real property which the negotiations concern is generally located at The identity of each person with whom negotiations are authorized is: ; g. to meet with an applicant for a applicant's attorney pursuant Section 54956.7; city license and the to Government Code ~ h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code section 54957; i. to confer with the attorney regarding pending litigation which has been initiated formally to which the city is a party to pursuant to Government Code section 54956.9(a) as follows: stubblefield Construction Company. et al vs. city of San Bernardino. et al - San Bernardino superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; citv of San Bernardino vs. Liberty Cable T.V.. et al- United states District Court Case No. 82-6876 WMB; city of San Bernardino vs. County of San Bernardino. et al- Riverside Superior Court Case No. 207900; Tomas Armendariz. et al vs. James F. Penman. et al. - united states District Court Case No. 91-5757; Guardian Bank vs. James F. Penman. et al - united States District Court Case No. 92-4415 WDK (Ex); Guardian Bank vs. James F. Penman. et al - San Bernardino County Superior Court Case No. 272631; 2 1/11/93 city of San Bernardino vs. Chambers Cable - San Bernardino Superior Court Case No. 264793; Tomas Armendariz. et al vs. James F. Penman. et al - San Bernardino Trial Court Case No. 271093; Brenn vs. Hernandez/city - San Bernardino Superior Court Case No. 263047; Maldonado vs. city of San Bernardino Superior Court Case No. 254529; San Bernardino Austin vs. city of San Bernardino - San Bernardino Superior Court Case No. 244375; CLOSED SESSION At 8: 36 a. m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Maudsley, Minor, Miller; City Attorney Penman, city Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Hernandez, Pope-Ludlam. Also present: Deputy City Attorney Simmons, Deputy City Attorney Roth and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office. COUNCIL MEMBER At 8:37 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the COUNCIL MEMBER HERNANDEZ ARRIVED At 8:38 a.m., Council Member Hernandez arrived at the closed session. DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:40 a.m., Deputy city Attorney Simmons, City Attorney's Office, left the closed session. DEPUTY CITY ATTORNEY SIMMONS RETURNED At 8:47 a.m., Deputy City Attorney simmons, city Attorney's Office, returned to the closed session. PERSONNEL DIRECTOR DILLON ARRIVED At 8:53 a.m., Barbara Dillon, Personnel Director arrived at the closed session. 3 1/11/93 CITY ATTORNEY PENMAN, DEPUTY CITY ATTORNEY SIMMONS & ADMINISTRATIVE OPERATIONS SUPERVISOR SCROGGIN EXCUSED At 8:54 a.m., city Attorney Penman, Deputy City Attorney Simmons and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office, left the closed session. CITY ATTORNEY PENMAN RETURNED At 9:12 a.m., city Attorney Penman returned to the closed session. READING OF RESOLUTIONS & ORDINANCES Deputy city Clerk Cordova read the titles of all the resolutions and ordinances on the regular, supplemental, and Community Development Commission agendas while the Council was in closed session. ADJOURN CLOSED SESSION At 9:15 a.m., the closed session adjourned to the adjourned regular meeting of the Mayor and Common Council of the city of San Bernardino. RECONVENE MEETING At 9:32 a.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council of the city of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller; city Attorney Penman, city Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. INVOCATION The invocation was given by Reverend Wayne Reynolds, Immanuel Baptist Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Reilly. PUBLIC COMMENTS - ROGER DUMAS (3) Roger candidacy initiate. Dumas, a resident of San Bernardino, CA, announced his for Mayor and stated the changes he intends to The question was raised whether candidates were permitted to speak prior to the Council meetings. City Attorney Penman stated that candidates are allowed to speak as long as it is during the public comments portion of the agenda. ..~ 4 1/11/93 It was suggested that the public comments portion of the agenda be addressed as the last item of the Council meeting. PUBLIC COMMENTS - JEFF WRIGHT (3) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed his opposition to addressing public comments as the last item of the Council meeting. Mr. Wright also expressed his opposition to the proposed new police facility and recommended that police be stationed throughout the city. Mr. Wright also recommended that the city lease the county jail to be used as a City jail, a community center be placed where Lucky's Supermarket was located and reconsider hours of operation for community centers. COUNCIL MEMBER At 9:48 a.m., council meeting and POPE-LUDLAM ARRIVED Council Member Pope-Ludlam took her place at the council arrived table. at the PUBLIC COMMENTS - JOHN STEVENS (3) John stevens, a resident of San Bernardino, CA, read his letter written to The Sun opposing the city's practice of selling guns. Mr. Stevens also commented on the current public access system. r-' PUBLIC COMMENTS - ALLISON HOLDORF - COMMITTEE TO BRIDGE THE GAP (3) Allison Holdorf, a resident of Los Angeles, CA, expressed her concern relative to the proposed low-level radioactive waste site located in Ward Valley, 23 miles west of Needles. Ms. Holdorf also provided information relating to current and past activities in relation to this project. Ms. Holdorf encouraged the city to participate in the lawsuit the City of Needles has filed. PUBLIC COMMENTS - JIMMY DE VITA (3) Jimmy De Vita, a resident of Rialto, CA, expressed his concern relative to the safety involving saint Bernadine's Hospital. Mr. De vita recommended that a committee be established to address safety issues relative to buildings located within the City. PUBLIC COMMENTS - MICHAEL FINEMAN - COMMITTEE TO BRIDGE THE GAP (3) Michael Fineman, Attorney, Los Angeles, CA, expressed his concern relative to the low-level radioactive waste site land transfer and encouraged the City to take an active interest. - 5 1/11/93 council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the issue relating to the low- level radioactive waste site located in Needles be placed on the agenda for January 20, 1993. (Note: There was no vote taken at this time.) WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, that the minutes of the following meeting of the Mayor and Common Council of the city of San Bernardino, be approved as submitted in typewritten form: August 3, 1992. CLAIMS AND PAYROLL (8) Council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated January 4, 1993, from the Director of Finance, be approved. PERSONNEL ACTIONS (9) Council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated December 23, 1992, in accordance with all administrative regulations of the City of San Bernardino, be approved. RES. 93-1 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (11) RES. 93-2 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN BERNARDINO POLICE DEPARTMENT AND THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO ADDRESSING THE ILLICIT DRUG ACTIVITY IN PUBLIC HOUSING COMPLEXES KNOWN AS 9TH STREET AND WATERMAN GARDENS. (12) ""- 6 1/11/93 RES. 93-3 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF STATE-LOCAL ENTITY MASTER AGREEMENT NO. SLTPP- 5033, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE STATE-LOCAL PARTNERSHIP PROGRAM, PURSUANT TO SECTION 2600, ET. SEQ., OF THE STREET AND HIGHWAYS CODE. (13) Council Member Estrada made a motion, seconded by Council Member Maudsley, that said resolutions be adopted. Resolution following vote: Maudsley, Minor, None. Nos. 93-1, 93-2 and 93-3 were adopted by the Council Members Estrada, Reilly, Hernandez, Pope-Ludlam, Miller. Nays: None. Absent: REQUEST FOR FUNDING - $7,000 FROM CIVIC & PROMOTION FUND -- WAIVER OF FEES - $21,238.29 -- CO-SPONSORSHIP OF BLACK HISTORY PARADE AND RELATED ACTIVITIES, FEBRUARY 1993 (7) In a memorandum dated January 5, 1993, Fred wilson, Assistant City Administrator, stated that the Black Culture Foundation requested assistance in the amount of $7,000 in civic and promotional funding to assist with their annual Black History Parade and associated activities of Black History Month 1993. In addition, they asked that the City's departmental fees for use of city forces and equipment in the amount of $21,238.29 be waived and that the event be co-sponsored by the City. The Ways & Means Committee met on December 16 and recommended approval of the request. It was recommended that the transfer of funds from the Civic and Promotion account to the following departmental accounts to cover their associated costs be approved: DEPARTMENT ACCOUNT AMOUNT 001-382-52020 001-000-41861 $ 1,239.29 $ 1,860.00 $11,161.00 $ 4,148.00 $ 2.830.00 Public Services Traffic Engineering Police Parks, Recreation Labor Equipment 001-000-41810 772-031-24676 001-212-52050 Total: $21,238.29 7 1/11/93 council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that $7,000 be allocated from the civic and Promotion Fund, 001-091-53662, to assist in the conduct of the 1993 Black History Parade and associated events of Black History Month and further, that co-sponsorship of the event and a waiver of fees in the amount of $21,238.29 be approved; and that $21,238.29 be transferred from the Civic and Promotion Fund to the respective departmental accounts as noted in the staff report from the Assistant city Administrator dated 1/5/93 to offset the costs associated with the event. RES. 93-4 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR COMPUTER EXAMINATION SCORING SERVICES FOR AN ADDITIONAL ONE YEAR PERIOD. (10) Concern was expressed relative to the term and the cost of $350 from the General Fund. A longer term was recommended to eliminate repeating the renewal process and costs associated with such. Shauna Clark, City Administrator, stated that prior to the City Attorney's opinion, under administrative rule she would normally sign off on contracts such as these. She also stated that $350 is what was allocated this year and therefore could not be extended beyond one year. Council Member Hernandez made a motion, seconded by council Member Maudsley, that said resolution be adopted. Resolution No. 93-4 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 93-5 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 1 OF STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP- 5033, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE IMPROVEMENT OF TIPPECANOE AVENUE, FROM ROUTE 1-10 TO HARDT STREET. (14) Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed his support. Council Member Hernandez made a motion, seconded by council Member pope-Ludlam, that said resolution be adopted. 8 1/11/93 Resolution No. 93-5 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. ORD. MC-858 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 3.04.010, 3.04.020, 3.04.050, 3.04.070(1), AND 3.04.080, AND ADDING SECTIONS 3.04.085, 3.04.115 AND 3.04.120 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PURCHASING. Final (15) Shauna Clark, City Administrator, offered to provide the Mayor and Common Council with a weekly report of all contracts she has authorized in an effort to alleviate any concerns. Ms. Clark also pointed out that all previous City Administrators have had the authority to sign contracts and she is the only one who has had the authority taken away. City Attorney Penman explained that it is not a matter of taking away city Administrator Clark's authority but rather the authority has never existed in an ordinance. The matter came to the city Attorney's attention when Ms. Clark submitted an agreement for the city Attorney's Office review. Consequently, three proposed ordinances were drafted. The ordinance being considered grants more authority than previous past practice. Shauna Clark, City Administrator, explained that there is another provision in the Municipal Code which takes into account emergency situations. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that said ordinance be adopted. Ordinance Ayes: Council Ludlam, Miller. No. MC-858 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Minor, Pope- Nays: Council Member Maudsley. Absent: None. PUBLIC HEARING - IMPOSING LIENS ON WITHIN THE CITY OF SAN BERNARDINO BUSINESS REGISTRATION FEES PROPERTY LOCATED FOR UNCOLLECTED (16) This is the time and place set for a public hearing for imposing liens on property located within the City of San Bernardino for uncollected business registration fees. In a memorandum dated December Clerk, requested authorization to located within the city of San business registration fees. 10, 1992, Rachel Clark, City impose liens on property Bernardino for uncollected Mayor Holcomb opened the hearing. 9 1/11/93 Concern was expressed relative to the nature of the single family rental licensing program, and it was requested that the item be referred to the Legislative Review Committee for further review. Jeff Wright, a resident of San Bernardino, opposition to imposing liens on property and stated City's policy was unconstitutional. expressed that the Concern procedures. enforcement maintained. was expressed relative to current The intent of the program was to officers to ensure rental properties operating hire code are being Discussion ensued relative to current operating procedures. James Wirth, 1980 Sierra Way, San Bernardino, CA, provided background on how the program originated. Mayor Holcomb ruled Mr. wirth out of order and requested that he speak only at the issue at hand. Council Member Hernandez made Member Estrada, and unanimously allowed to address the council. a motion, seconded by Council carried, that Mr. Wirth be James Wirth, expressed opposition to current operating policy, reiterated the initial intent of the program and provided background on how the policy was originated. Mr. Wirth recommended that properties be inspected prior to licenses being issued and provided examples of individuals being victimized. A discussion ensued relative to the importance of placing the rental and leasing of single family homes on the agenda. It was determined that discussion of such would be placed on the Council agenda for January 20, 1993. It was recommended that the issue of renting and leasing of single family homes be referred to the Legislative Review Committee. RES. 93-6 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (16) Council Member Estrada made a motion, seconded by Council Member Minor, that the hearing be closed, and that said resolution be adopted as amended by deleting the following addresses: 557-559 1/2 W. victoria, 1334 Herrington, 966 N. Crescent Street, 2874 Seine Avenue, 752 N. "H" street, 332 W. 14th street, 1244 N. Belle Street, 2020 N. Waterman Avenue, 265 10 1/11/93 W. Highland Avenue, 2205 E. 19th street, 414 S. "I" street and 350 N. "0" street. Resolution No. 93-6 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Miller. Abstain: Council Members Hernandez, Pope-Ludlam. Nays: None. Absent: None. APPEAL OF BOARD OF BUILDING COMMISSIONERS' FINDINGS AND ACTION OF AUGUST 7, 1992, RELATING TO PROPERTY LOCATED AT 588 N. WESTERN AVENUE (17) This is the time and appeal of the Board of action of August 7, 1992, Western Avenue. place set for a public hearing for an Building Commissioners' findings and relating to property located at 588 N. In a memorandum dated December 17, 1992, Al Boughey, Director of Planning and Building Services, stated that on May 7, 1992, a fire at 588 N. Western Avenue warranted emergency abatement. The property was demolished and the matter was heard before the Board of Building commissioners on July 10, 1992. At that time, the matter was continued until August 7, 1992. On August 7, 1992, the Board of Building Commissioners accepted staff's recommendation and approved the following: 1. A public nuisance existed at the time of inspection, and that a subsequent fire at this location caused the structure to become dangerous as determined by the building inspector; 2. The owner is to pay all current costs associated with emergency abatement action taken against the property, and if unpaid shall become a lien on said property and the personal obligation of the owner(s). Mayor Holcomb opened the hearing. Larry Reed, Assistant Director of Planning & Building Services, gave a chronological listing of action taken against property located at 588 N. Western Avenue. Mr. Reed also submitted pictures taken by the Fire Department after the fire was extinguished. cynthia Robles, 12030 Poutous court, 92557, spoke in opposition to the commissioners' findings and action of August property located at 588 N. Western Avenue. Moreno Valley, CA Board of Building 7, 1992, relating to 11 1/11/93 Ms. Robles stated that the City should have given her the opportunity to clean said property and she should have received sufficient notice. She indicated that she did not receive any notice until after the fire had occurred and after the demolition crew was authorized to abate said property. Ms. Robles stated that her rights were violated and questioned why certain shrubs and trees were removed from the property. Ms. Robles explained that she had obtained quotes from several demolition crews and these quotes were well below that which the City incurred to abate said property. Ms. Robles stated that she would be willing to pay the cost of the demolition crew based upon the quote she has obtained which amounts to $2,500 and requested that the City reduce the fees from $7,433. Mayor Holcomb asked whether Ms. Robles had obtained any quotes in writing. Ms. Robles responded that she had received quotes from Ted's Construction & Sons, American Wrecking Company, B & B Nursery located in Corona, Baker's Nursery located in Glen Avon and NCR Warehouse Growers located in Norco. All quotes were obtained verbally via the telephone. Mayor Holcomb asked whether the viewed the property prior to their quotes had seen any pictures. demolition contractors and whether or not they Ms. Robles explained that the property had already been abated and therefore the contractors could not visually inspect the property. Discussion ensued relative to what constitutes an emergency in the abatement of property and the process which is followed. CITY ADMINISTRATOR CLARK EXCUSED At 10:52 a.m., City Administrator Clark left the Council meeting. COUNCIL MEMBER MILLER EXCUSED At 10:55 a.m., Council Member Miller left the Council meeting. CITY ADMINISTRATOR CLARK RETURNED At 10:58 a.m., city Administrator Shauna Clark returned to the Council meeting and took her place at the council table. CITY ATTORNEY PENMAN EXCUSED At 10:59 a.m., city Attorney Penman left the Council meeting and was replaced by Deputy city Attorney Rhemrev. ~ Mayor Holcomb asked Deputy City Attorney Rhemrev whether the city acted properly in this case. 12 1/11/93 Deputy City Attorney Rhemrev stated that the issue before the Council is whether or not there existed an emergency at the time, in the sense that there has to be an immediate abatement. Mr. Rhemrev stated that based upon the pictures provided by staff, he would concur that an emergency did exist. It is the council's position to determine whether an emergency existed and therefore warrant the immediate abatement without prior notification to the homeowner. Discussion ensued relative to the structural safety of the building and the potential of liability against the City. COUNCIL MEMBER MILLER RETURNED At 10:59 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. It was recommended that Ms. Robles obtain written bids and that Planning staff provide Ms. Robles with copies of pictures taken of said property. ~ Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the discussion relative to the appeal of the Board of Building Commissioners I findings and action of August 7, 1992, relating to property located at 588 N. Western Avenue be continued to February 15, 1993, to allow the city Attorney to review the due process procedures relative to this appeal. APPEAL RELATIVE TO IMPOSING A LIEN ON PROPERTY WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES -- 805 NORTH "0" STREET -- MR. JOHN H. BUCKNER (18) This is the time and placed continued for an appeal relative to imposing a lien on property within the city of San Bernardino for uncollected business registration fees for property owned by John H. Buckner located at 805 North "D" Street. Rachel Clark, city Clerk, delivered a synopsis of action taken to date relative to resolving the unpaid business registration fees for property located at 805 North "0" Street. John H. Buckner, 140 N. Lincoln Avenue, Redlands, CA, expressed that at the time the fees were incurred the property in question was for sale/lease. Consequently, Mr. Buckner assumed that the fees would be waived. Mr. Buckner requested that he be allowed to pay the costs incurred prior to the lien. 13 1/11/93 council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the appeal relative to imposing a lien on property within the City of San Bernardino for uncollected business registration fees for property owned by John H. Buckner located at 805 North "D" Street, be continued to February 15, 1993; and that John H. Buckner meet with City Clerk Rachel Clark to allow the matter to be handled administratively. CITY ATTORNEY PENMAN RETURNED At 11:15 a.m., City Attorney Penman returned to the Council meeting and replaced Deputy City Attorney Rhemrev. AUTHORIZATION TO PROCEED ESTABLISH ASSESSMENT DISTRICT - STERLING AVENUE FROM FOOTHILL DRIVE TO DALEY CANYON ROAD - CONTINUED FROM DECEMBER 21, 1992 (19) This is the time and place to authorize the establishment construct sterling Avenue, from Road. continued to consider a request of an assessment district to Foothill Drive to Daley Canyon In a memorandum dated December 18, 1992, Roger Hardgrave, Director of Public Works/City Engineer, stated that Tentative Tract No. 11857 was conditioned to construct Sterling Avenue, from Foothill Drive to Daley Canyon Road. Street improvement plans have been prepared, and the right-of-way dedicated. The city has plans to install a water transmission line within this section of Sterling Avenue. The East Valley Water District (EVWD) is in the process of constructing a water storage tank, and will also be installing a water transmission line within the Sterling Avenue right-of-way. Sterling Avenue would provide access to the water storage tank. The owners of the parcel west of Sterling Avenue (The Tahiti Group), and northwest of the intersection of Sterling Avenue and Daley canyon Road (Warner and Aaron Hodgdon) support having this main entrance to their properties constructed. The City Water Department is the owner of the parcel to the east of Sterling Avenue. Action has been taken by the Board of Water Commissioners to indicate its support for constructing this street. An understanding has been reached between the three property owners to proceed with the construction of Sterling Avenue. It is proposed that the construction costs be financed with a loan from the Economic Development Agency, and the completed street improvements acquired by the assessment. Each of the three property owners would be assessed for one third of the total costs, less any participation by the East Valley Water District. c- 14 1/11/93 It is planned to acquire the existing house on the north side of Foothill Drive, west of the projected alignment of Sterling Avenue, in order to provide an attractive entrance into these three properties. In addition, curb and gutter would be installed on the southeast corner of Sterling Avenue and Foothill Drive, to improve the appearance of the intersection. The preliminary estimated cost for the construction of Sterling Avenue is $500,000. Jeff Wright, P.O. Box 2341, San Bernardino, CA, urged that this item be rejected until a full Environmental Impact Report is completed. He felt that the area should not be developed as it would be subject to flooding, and is near an earthquake fault. city Attorney Penman requested that the item be continued to the Council meeting of February 15, 1993, so that the Environmental Review Committee can have sufficient time to review the matter at its February 11, 1993 meeting. He explained that the Attorney General was conducting an investigation of possible illegal grading, and removal of Sycamore trees, in the area of the project. He felt that it would be premature, at this time, to authorize staff to proceed with the assessment district. Mayor Holcomb recommended that staff be authorized to proceed with establishing the assessment district for the construction of Sterling Avenue due to the condition of the substandard streets, and to provide a secondary access road. Warner Hodgdon, 3295 Broadmoor Boulevard, San Bernardino, CA, distributed a report dated January 11, 1993, regarding the Sterling Heights Tentative Tract Map No. 14112. The dedicated Sterling Avenue (primary access) and Bonita vista Drive (secondary access) engineering plans were approved for construction by the city; bonded and recorded on January 22, 1986, with a certified Environmental Impact Report and Addendum. Rancho San Andreas (RSA) acquired the property (110 acres) on September 19, 1991, and the fact that the City had approved the engineering plans and improvements for construction of Sterling Avenue was a consideration in the purchase of the land. RSA agreed to share the cost for construction of Sterling Avenue with the city, the Economic Development Agency, the Sterling Heights development, the City Water Board, and the East Valley Water District (EVWD) in order to provide secondary emergency access to the existing homes to the west. ,-. In mid June, 1992, the EVWD's earthquake fault investigation consultant performed heavy equipment excavation for geological exploration to locate the San Andreas fault, within the dedicated right-of-way and to the east of the right-of-way for Sterling Avenue. In the process of the EVWD's excavations, 15 1/11/93 several Sycamores were damaged. In addition, several Sycamore trees had been burned in a wildfire in July of 1989. RSA removed debris from the property, trimmed the trees of flash fuels, and removed approximately six damaged trees, with the concurrence of the Sterling Heights development owners following the damage done by EVWD excavations. Sterling Avenue when constructed would provide access to the Water Department's and the EVWD's reservoirs and main facilities, and the connector road to the Daley Canyon channel. In 1993 EVWD will construct a 3 to 6 million gallon reservoir and main facilities ($2.5 million) for improved water zone system and fire protection. In 1990 the Planning Commission approved Tentative Tract Map No. 14112 for Sterling Heights, with conditions to include providing access for the property to the north, and substandard secondary access to the property to the west. The engineering plans for Sterling Avenue (primary access), and Bonita vista Drive (secondary access) were approved for construction with "vacate" written on Sterling Avenue. The Tentative Tract Map did not provide for, as required by the conditions of approval, any extended access for the property to the north. On December 10, 1992, the Environmental Review Committee recommended, among other things, that the Sterling Avenue extensions be retained as a collector road to facilitate the future development of properties to the north, west and east; and that the secondary access be re-routed to the flood control service road to the west of the property, Bonita Vista Drive. The Sterling Heights Environmental Impact Report (EIR) did not provide that the Sycamore trees located within the Sterling Avenue right-of-way are riparian, and therefore, the trees do not constitute a riparian habitat. The photographs, contained in the report, show blight and decay exist in an area perceived to be an upscale residential area. Mr. Hodgdon answered questions regarding the proposed construction of Sterling Avenue, and requested that the item be tabled until it can be discussed and resolved in an appropriate forum. A discussion was held regarding when the best time would be for a complete discussion of the proposed assessment district. city Attorney Penman recommended that the item be continued until after the February 11, 1993, Environmental Review Committee (ERC) meeting. 16 1/11/93 Council Member Estrada made a motion, that the direction to proceed with the establishment of an assessment district for construction of sterling Avenue, from Foothill Drive to Daley Canyon Road, be continued to February 1, 1993. Council Member Estrada withdrew her motion. Several Council Members expressed support for the extension of Sterling Avenue; however, felt that it would be advisable to postpone making a decision to proceed until after the Environmental Review Committee discusses the project on February 11, 1993. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the City Clerk and City Engineer be directed to proceed with the establishment of an assessment district for construction of sterling Avenue, from Foothill Drive to Daley Canyon Road. (Note: There was no vote taken at this time. ) Discussion continued regarding whether the item should be continued until after the ERC reviews the project, or whether staff should be directed to proceed with establishing the assessment district to construct the extension of Sterling Avenue. Concern was expressed that the item should be continued until after the Attorney General's investigation is completed. Mayor Holcomb urged the Council to authorize staff to proceed with establishing the assessment district. Council Member Miller made a substitute motion, seconded by Council Member Maudsley, that the direction to proceed with the establishment of an assessment district for construction of sterling Avenue, from Foothill Drive to Daley Canyon Road, be continued to February 15, 1993, in the Council Chambers of City Hall, 300 North "0" street, San Bernardino, California. The substitute motion carried by the following vote: council Members Estrada, Reilly, Maudsley, Minor, Miller. Council Members Hernandez, Pope-Ludlam. Absent: None. Ayes: Nays: RECESS MEETING At 12:34 p.m., the meeting was recessed until 2:00 p.m., in the Council Chambers of city Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 2:01 p.m., the adjourned regular meeting of the Mayor and Common Council reconvened in the Council Chambers of city Hall, 300 North "0" Street, San Bernardino, California. 17 1/11/93 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Reilly, Hernande2:, Maudsley, Minor, Miller; city Attorney Penman, City Clerk Rachel Clark. Absent: Council Members Estrada, Pope- Ludlam; City Administrator Clark. PLANNING FEES - PROPOSED REVISION - CONTINUED FROM JULY 20, 1992 (20) This is the time and place continued to for consideration of a resolution establishing and modifying planning fees. In a memorandum dated December 11, 1992, Al Boughey, Director of Planning and Building Services, stated that the Development Code was intended to be continually revised to reflect and meet the needs of the city. Since the Development Code has been in effect, staff has identified various issues and concerns that need to be resolved, and is in the process of preparing a work program for revising the Development Code. The work program will come before the Mayor and Council for authori2:ation to proceed. The work program may make changes in planning processes, types of approvals, types of permits, etc. which could have an effect on the City's planning fee schedule, revenue, etc. Therefore, staff is requesting time to examine planning fees in the context of revisions to the Development Code. Staff recommends that the planning fee proposal be referred to staff for further analysis. RESOLUTION OF THE CITY OF SAN RESOLUTION NO. 83-201 MODIFYING SERVICES, AND REPEALING NO. 89-471 BERNARDINO AMENDING FEES FOR PLANNING AND NO. 91-148. (20) Council Member Reilly made a motion, seconded Member Minor, and unanimously carried, that said establishing and modifying planning fees, be tabled. by Council resolution PUBLIC HEARING DEVELOPMENT AGREEMENT NO. 91-01- INLAND CENTER MALL PHASED EXPANSION PROJECT- CONTINUED FROM DECEMBER 7, 1992 (22) This is the time and place continued to consider Development Agreement No. development of a phased expansion project to for a public hearing 91-01, to govern the at Inland Center Mall. Mayor Holcomb opened the hearing. In a letter dated January 7, 1993, Mark ostoich, representing Gresham, Varner, Savage, Nolan & Tilden, 600 North Arrowhead Avenue, suite #300, San Bernardino, CA, requested that the item be continued to April 19, 1993. 18 1/11/93 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING THE MITIGATION MONITORING/REPORTING PROGRAM AND AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 91-01. (INLAND CENTER MALL EXPANSION)- (Continued fro. December 7, 1992) (22) Council Member Miller made a motion, seconded by Council Member Hernande2:, and unanimously carried, that said resolution adopting the mitigated negative declaration of environmental impact and adopting the mitigation monitoring/reporting program, and authori2:ing the execution of Development Agreement No. 91-01 for a phased expansion of Inland Center Mall, be continued to April 19, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CITY ATTORNEY PENMAN EXCUSED At 2:02 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 2:02 p.m. Chairman Holcomb called the adjourned regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. COUNCIL MEMBER At 2:06 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the NORTH END REDEVELOPMENT STUDY AREA - REAFFIRM (R-8) In a memorandum dated January 6, 1993, Kenneth Henderson, Executive Director, Economic Development Agency/Development Department, stated that the Common Council, pursuant to Community Redevelopment Law (Section 33310), and acting in its capacity as the legislative body, may by resolution designate a redevelopment survey area to identify a geographical area of the City to study, plan and analY2:e its feasibility to become a redevelopment project area. The area so designated should be of sufficiently ample si2:e to allow reduction or adjustment and shaping of ultimate project boundaries in harmony with state law. Designation of the study area is the first step in the process of adopting a redevelopment project area. In 1985, the Council adopted a survey area in the northern part of the City and directed staff to analY2:e its feasibility as a redevelopment project. This was done in recognition of the need for economic revitalization within the area and the measurable benefits that the redevelopment process offers in terms of new infrastructure, and generation of financial assistance for projects, businesses, and individuals affected. 19 1/11/93 The effort was subsequently abandoned due to difficulties in meeting a state requirement that mandated a minimum of eighty percent of the final project area consist of developed or previously developed urban improvements, and twenty percent be vacant. since the initial survey in 1985, the area has experienced high levels of population growth above regional levels. This equates to a positive potential of marketability and development and requires a reassessment of the potential for redevelopment. Inadequate freeway access and a struggling commercial base are all reasons the effort to economically stabilize, and revitalize, the area needs to be revisited. The redevelopment process is the most effective way to address the area's unrealized development potential. Redevelopment offers a variety of benefits that include comprehensive planning, organization of merchants towards a common goal, financial assistance, and meaningful public/private partnerships. subsequent to analysis of the survey area more definitive steps would be undertaken, including such tasks as analysis of proposed project area boundaries, determination of affected agency and taxing agency boundaries, adoption of project area boundaries, preparation of preliminary project map, appointment of members and establishment of a Project Area or citizens Advisory Committee, and environmental studies. Depending on the complexity of such activities, typical new redevelopment projects take from ten to eighteen months to complete. Tim steinhaus, Agency Agency, answered questions boundaries. Administrator, Economic Development regarding the proposed study area Discussion ensued regarding the proposed study area boundaries; and whether these boundaries should be amended to exclude the area east of Waterman Avenue (Country Club area), south of 40th street, and include the area west over to Kendall. Concern was expressed relative to redevelopment project area, and how the revenue from that redevelopment project impact the general fund. having an additional loss of tax increment area would negatively Council Member Miller made a motion, seconded by Council Member Maudsley, that the Mayor and Common Council reaffirm the North End Redevelopment study Area adopted in May 1985, by Resolution No. 85-175, to exclude the area east of Waterman Avenue (Country Club area), south of 40th street, and include the area west over to Kendall. (Note: There was no vote taken at this time.) 20 1/11/93 council Member Maudsley made a substitute motion, seconded by Council Member Miller, and unanimously carried, that the reaffirmation of the North End Redevelopment study Area adopted in May of 1985, be continued to February 1, 1993, in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California, so that a map and a legal description of the survey area can be developed. COUNCIL MEMBER ESTRADA RETURNED At 2:19 p.m., Council Member Estrada returned to the Council meeting and took her place at the council table. Council Member Maudsley made a motion, seconded by Council Member Miller, and unanimously carried, that Mayor Holcomb appoint a subcommittee comprised of Council Members Maudsley, Minor and Miller to work on developing a map and a legal description of the survey area. Roger Dumas, a resident of San Bernardino, CA, requested that Council Member Maudsley remove himself from the subcommittee reviewing the boundaries for the North End Redevelopment study area. Council Member Maudsley stated that he would not remove himself from the committee. COMMUNITY DEVELOPMENT COMMISSION At this time, the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items. There was no further action taken on Mayor and Common Council items during this portion of the meeting. RECESS MEETING - CLOSED SESSION (R-11) At 2:50 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: d. to give instruction to the commission's negotiator on the purchase of property pursuant to Government Code section 54956.8. The real property which the negotiations concern is generally located at: 430 West Baseline. San Bernardino. California. CLOSED SESSION At 2:50 p.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. 21 1/11/93 ~ ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; city Attorney Penman, City Clerk Rachel Clark, city Administrator Clark. Absent: None. Also present: Tim Steinhaus, Agency Administrator, Economic Development Agency, and Kenneth Henderson, Executive Director, Economic Development Agency/Development Department; Deputy City Attorney Simmons, City Attorney's Office. CITY ATTORNEY PENMAN ARRIVED At 3:00 p.m., City Attorney Penman arrived at the closed session. TIM STEINHAUS, AGENCY ADMINISTRATOR, ECONOMIC DEVELOPMENT AGENCY EXCUSED At 3:02 p.m., Tim Steinhaus, Agency Administrator, Economic Development Agency left the closed session. KENNETH HENDERSON, EXECUTIVE DIRECTOR, ECONOMIC DEVELOPMENT AGENCY/DEVELOPMENT DEPARTMENT EXCUSED At 3:02 p.m., Kenneth Henderson, Executive Economic Development Agency/Development Department closed session. Director, left the COUNCIL MEMBERS HERNANDEZ, MAUDSLEY & MILLER EXCUSED At 3:03 p.m., Council Members Hernandez, Maudsley and Miller left the closed session. DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 3:04 p.m., Deputy city Attorney Simmons left the closed session. ADJOURN CLOSED SESSION At 3:06 p.m., the closed session adjourned to the adjourned regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 3:06 p.m., Mayor Holcomb reconvened the adjourned regular meeting of the Mayor and Common Council of the city of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. - 22 1/11/93 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, city Clerk Rachel Clark. Absent: City Administrator Shauna Clark. APPEAL - DENIAL - CONDITIONAL USE PERMIT NO. 91-03 - TO CONSTRUCT A 45 UNIT SENIOR CITIZEN APARTMENT COMPLEX PROJECT - CONTINUED FROM NOVEMBER 2, 1992 (21) This is the time and place continued to for an appeal of the Planning Commission's denial of Conditional Use Permit No. 91-03. The applicant, Cliff Carel & Associates, requests approval to construct a senior citizen apartment complex consisting of 45 units in one building with an interior courtyard, on a 1.4 acre site located on the north side of Third street, between Allen Street and sierra way. The applicant is also requesting that the parking requirements be reduced. In a memorandum dated December 16, 1992, Al Boughey, Director of Planning and Building Services, stated that on July 30, 1992, the Environmental Review Committee (ERC) continued Conditional Use Permit No. 91-03, and required a redesign of the project to address concerns of safety and compatibility. Following the redesign, the ERC recommended a negative declaration be adopted for the project. The project has been redesigned as required by the Environmental Review Committee. The project consists of one large building with 45 apartment units. The requested variance is to reduce from 68 to 54 the number of required parking spaces. On October 19, 1992, this item was presented to the Mayor and Council with a recommendation for denial, based on the location of the proposed project. A motion to approve the project in concept and continue the item for ninety days to allow for the redesign of the project failed, and the item was continued to November 2, 1992, to allow the City Attorney to prepare a legal opinion relative to General Plan consistency. On November 2, 1992, the project was approved in concept and continued to January 11, 1993, to allow sixty days for the redesign of the project and to allow the environmental determination (negative declaration) to be made available for the required twenty-one day public review and comment period. There are two key issues that remain: the revised feasibility study remains inadequate in that the criteria used is county wide, and no justification is given for full market rent senior apartments at this location; and the conversion plan submitted would require the removal of the rear portion of the building to reduce the square footage and to provide parking for office uses. 23 1/11/93 ~, The Planning commission voted to deny the project, and recommended that the Mayor and Council deny the project based on the fact that the site is unsuitable for senior housing, and that a redesign of the project would be of no benefit because of location. Mayor Holcomb opened the hearing. council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that the hearing be closed; and that the negative declaration be adopted, and Conditional Use Permit No. 91-03 be approved based on the findings of fact contained in Exhibits "E" and "F"; and subject to the conditions of approval contained in Exhibit "G" and standard requirements contained in Exhibit "H". (Note: There was no vote taken at this time.) Deputy City Attorney Empeno stated that there are several outstanding legal issues that need to be resolved. It is the opinion of the City Attorney's Off ice that the redesign of the project significantly changed the project, and therefore the project would require additional reviews and studies; whether the project was not in compliance with the Development Code in that there was no Planning Commission review of the redesign; and whether the project was in compliance with the Federal Fair Housing Amendment Action of 1988. Although it is not a requirement, it would be prudent to submit this project to the Department of Housing and Urban Development (HUD) for review. A discussion was held regarding what options are available to the Council. MAYOR HOLCOMB EXCUSED At 3:13 p.m., Mayor Holcomb left the Council meeting and the duties of Mayor Pro Tem were assumed by Council Member Hernandez. Larry Reed, Assistant Director, Planning and Building Services, answered questions regarding the project. Concern was expressed regarding why additional conditions were being added to the project at this time; and why this project has taken so long to receive approval. Michael Murphy, A.I.A., Architect, 2601 North Del Rosa Avenue, suite #220, San Bernardino, CA, representing Cliff Carel & Associates, 144 East Third Street, San Bernardino, CA, stated that on November 23, 1992, a meeting was held with Planning staff to review several items. After reviewing the issuesm Mr. Murphy stated that he would change the plans to comply with the requests, and that the plans would be returned to staff by December 1, 1992. On December 17, 1992, Mr. Murphy was informed by staff that another exhibit would be attached to the project 24 1/11/93 outlining additional conditions of approval; however, he was not able to get a copy of these additional conditions until January 7, 1993. He stated that there are no objections to the conditions imposed in Exhibits E and F; however, there are significant concerns and objections to the conditions imposed in Exhibit G. Discussion ensued regarding the conditions outlined in Exhibit G as submitted by the County of San Bernardino Housing Authority, and whether it was necessary to impose them on the project. The Council felt that a meeting should be held with all parties involved in order to resolve the disagreements relating to the conditions imposed in Exhibit G. Council Member Miller made a substitute motion, seconded by Council Member Maudsley, and unanimously carried, that the appeal of the Planning Commission's denial of Conditional Use Permit No. 91-03, to construct a 45 unit senior citizens apartment complex project, be continued to January 20, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, california, and that the applicant meet with staff and Housing Committee members to arrange an equitable agreement to the Conditions of Approval contained in Exhibit G. PUBLIC CHANGE OF "I" HEARING GENERAL PLAN AMENDMENT LAND USE DESIGNATION FROM RS TO IL STREET SOUTH OF CONGRESS STREET NO. 91-22- - WEST SIDE (23) This is the time and place set for a public hearing to consider General Plan Amendment No. 91-22 to change the land use designation from RS, Residential Suburban to IL, Industrial Light for a parcel located on the west wide of "I" Street, approximately 180 feet south of Congress Street. In a memorandum dated December 9, 1992, Al Boughey, Director of Planning and Building Services, stated that the study area had been expanded to include two adjacent parcels. The total amendment site consists of three parcels. The Environmental Review Committee reviewed the Initial Study and recommended preparation of a negative declaration. The Planning commission reviewed the proposal and recommended adoption of the negative declaration, and approval of General Plan Amendment No. 91-22. Mayor Pro Tem Hernandez opened the hearing. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the public hearing be closed. 25 1/11/93 RES. 93-7 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-22 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (23) Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 93-7 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 92-12- REDUCE DISTANCE REQUIREMENT BETWEEN LARGE FAMILY DAY CARE HOMES TO 250 FEET UNDER CERTAIN CIRCUMSTANCES CITYWIDE (24) This consider distance homes to is the time and place set for a public hearing to Development Code Amendment No. 92-12 to reduce the requirement of 500 feet between large family day care 250 feet under certain conditions citywide. In a memorandum dated December 9, 1992, Al Boughey, Director of Planning and Building Services, stated that large family day care homes are defined in the Development Code as a single family residence which is occupied and used as such and provides family day care to seven to twelve children under the age of 18 years of age. The Development Code states that large family day care homes may be located no closer than 500 feet, in any direction, from an existing large family day care home, measured from property line to property line. The purpose of the original 500 feet distance requirement was to avoid the over concentration of large family day care homes in anyone area. The Legislative Review Committee reviewed several specific situations and recommended a change that would allow large family day care homes to be within 250 feet of each other under certain conditions, such as if a buffer or street lay in between. Pursuant to Section 15061(b-3) of the CEQA guidelines, the proposal to modify the minimum distance requirement for large family day care homes is exempt from CEQA as it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Mayor Pro Tem Hernandez opened the hearing. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.04, SECTION 19.04.030 (2) (C) OF THE SAN BERNARDINO MUNICIPAL (DEVELOPMENT) CODE PERTAINING TO LARGE FAMILY DAY CARE HOMES. First (24) 26 1/11/93 council Member Pope-Ludlam made Council Member Reilly, and unanimously be closed; and that said ordinance adoption. a motion, seconded by carried, that the hearing be laid over for final CITY ATTORNEY PENMAN RETURNED At 3:55 p.m., City Attorney Penman returned to the Council meeting and replaced Deputy City Attorney Empeno. RES. 93-8 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WAYNE SEMINOFF CO., AND THE EXECUTION OF A LIMITED POWER OF ATTORNEY BOTH RELATING TO THE RECOVERY OF CERTAIN UNCLAIMED FUNDS IN THE AMOUNT OF $1,050.11. (8-1) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 93-8 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Pope-Ludlam, Miller. Nays: Council Members Hernandez, Maudsley, Minor. Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.56.105 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE POWER OF THE CITY CLERK TO CONTRACT WITH CIVIC AND SERVICE ORGANIZATIONS TO PROVIDE INDIVIDUALS TO SERVE ON PRECINCT BOARDS IN ELECTIONS. First (8-2) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that said ordinance be laid over for final adoption. 27 1/11/93 ADJOURNMENT (25) At 4:02 p.m., the January 20, 1993, at 8:30 Hall, 300 North "D" street, meeting was adjourned to Wednesday, a.m., in the Council Chambers of City San Bernardino, California. RACHEL CLARK city Clerk By '~(~'L-J<4 ;lvv:L4 Suzan a Cordova Depu~y city Clerk / / By c"CI a.c'-/ Melanie Vale Deputy City Clerk </<' /' ~. ...,;;~_. L '--' No. of Items: 39 No. of Hours: 6 ,- 28 1/11/93