Loading...
HomeMy WebLinkAbout04-26-1993 Minutes MINUTES MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING APRIL 26, 1993 COUNCIL CHAMBERS This is the time and place set for a joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino from the regular meeting held at 8:30 a.m., Monday, April 19, 1993, in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on Monday, April 19, 1993, 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 7:30 a.m., Wednesday, April 21, 1993, on the door of the place at which said meeting was held. The joint adjourned regular meeting of the Mayor and Common Council and the Community Development Commission of the City of San Bernardino was called to order by Mayor Holcomb at 9:02 a.m., Monday, April 26, 1993, 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 Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Rachel Clark. Absent: Council Members Estrada, Pope- Ludlam; city Administrator Shauna Clark. City Attorney Penman announced that the following additional case would be discussed in closed session: city of San Bernardino vs. willow Woods Development and Inter American Brokers - San Bernardino Superior Court Case No. 249477. RECESS MEETING - CLOSED SESSION (1) At 9:02 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 1 4/26/93 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; b. based on existing facts below, the City Council whether a closed session California Government Code and circumstances, set out is meeting only to decide is authorized pursuant to section 54956.9{b) (2); 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 Goyernment 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 Companv. et al vs. city of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino superior Court Case No. 252058; Tomas Armendariz. et al vs. James F. Penman. et al. - united states District Court Case No. 91-5757; 2 4/26/93 Julie M. Thompson vs. united states District (RWRx); city Court of San Bernardino. et Case No. SA CV-92-888 al- GT Leslie Bond vs. Community Development Commission. et al- San Bernardino Superior Court Case No. 276373; Kenneth Florence vs. Civil Service commission and Community Development Deoartment - San Bernardino Superior Court Case No. 261625; Kranyac vs. County of San Bernardino. et al - United states District Court Case No. SACV 400 - GLT; Guardian Bank vs. James F. Penman. et al - San Bernardino County superior Court Case No. 272631; Guardian Bank vs. James F. Penman. et al - United States District Court Case No. 92-4415 WDK (EX); Thomas Armendariz. et al vs. James F. Penman. et al - San Bernardino Trial Court case No. 271093. CLOSED SESSION At 9: 02 a. m., Mayor Holcomb called the closed session to order 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 Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Rachel Clark. Absent: Council Members Estrada, Pope- Ludlam; City Administrator Shauna Clark. Also present: Fred Wilson, Assistant City Administrator; Deputy city Attorney Rhemrev, Margaret Scroggin, Administrative Operations Supervisor, city Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy city Clerk Vale read the title of the resolution on the regular agenda while the Council was in closed session. DEPUTY CITY ATTORNEY RHEMREV EXCUSED At 9:11 a.m., Deputy city Attorney Rhemrev left the closed session. ADJOURN CLOSED SESSION At 9:18 a.m., Mayor Holcomb adjourned the closed session to the joint adjourned regular meeting of the Mayor and Common Council and the Community Development Commission in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, 3 4/26/93 California. RECONVENE MEETING At 9:29 a.m., Mayor Holcomb reconvened the joint adjourned regular meeting of the Mayor and Common Council and the Community Development Commission 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 Reilly, Hernandez, Maudsley, Minor, Miller; city Attorney Penman, City Clerk Rachel Clark. Absent: Council Members Estrada, Pope- Ludlam; city Administrator Shauna Clark. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Reilly. PUBLIC COMMENTS DR. FREDDY CURLIN CAMPAIGNING ORDINANCE TRUTH-IN- (3) Dr. Freddy curlin, Second Ward Council candidate, 1288 1/2 N. "D" street, San Bernardino, CA, requested that the Mayor and Council direct that a truth-in-campaigning ordinance be drafted. He asked that the truth-in-campaigning ordinance should be presented to the voters at a public hearing to allow citizens an opportunity to comment on the ordinance, and then submit it to the voters as a charter amendment on the ballot. ANNOUNCEMENT - CITY ATTORNEY PENMAN (2) city Attorney Penman cautioned Second Ward residents that there is an individual contacting Second Ward residents who is impersonating Dr. Freddy Curlin and asking for money. Mr. Penman urged any resident who is contacted by this individual to request that identification be presented. PUBLIC COMMENTS - JEFF WRIGHT (3) Jeff Wright, P.O. Box 2341, San Bernardino, CA, voiced his opposition to the City funding of community service organization events; however, expressed support for the City waiving its fees for service organizations who use City facilities. COMMUNITY DEVELOPMENT COMMISSION JOINT ADJOURNED REGULAR MEETING At 9:43 a.m., Chairman Holcomb called the joint adjourned regular meeting of the Community Development Commission to order 4 4/26/93 in the Council Chambers of city Hall, 300 North liD" street, San Bernardino, California. At this time, the Mayor and Community Development Commission, Development Commission item. Common Council, acting as the took action on a Community COUNCIL MEMBER ESTRADA ARRIVED At 10:19 a.m., Council Member Estrada arrived at the Council meeting and took her place at the council table. CITY ATTORNEY PENMAN EXCUSED At 10:22 a.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Empeno. 1-215 WIDENING REPORT GOVERNMENTS (SANBAG) SAN BERNARDINO ASSOCIATED (5) In a memorandum dated April 22, 1993, Al Boughey, Director of Planning and Building Services, stated that the California Department of Transportation (Caltrans) is planning the expansion and widening of Interstate 215 between Orange Show Road and 27th Street. The Draft Environmental Impact Statement (DEIS) has been prepared addressing the proposed expansion of the portion of Interstate 215 traversing the city of San Bernardino. The City has been provided an opportunity to review and comment on the document. Based upon the magnitude and significance of the proposal, the impacts to local property, and the role the expansion would play in the city's future growth and expansion, it is appropriate for the city to forward any comments it may have and if desired, to endorse a preferred alternative for recommendation to Caltrans through a Resolution from the Mayor and Common Council. The portion of Interstate 215 crossing San Bernardino was completed in 1959. The existing freeway design was acceptable in the 1950's, but design and safety standards have been revised and updated. The existing freeway is not acceptable under today' s standards. There are several left handed on- and off-ramps which are hazards to safety, and the majority of on and off freeway access is limited to the east side of the city. The Route Concept Report (RCR) for Interstate 215, prepared in 1984, identifies need for the following improvements to Interstate 215 to bring the roadway up to present day standards: expansion of Interstate 215 to six mixed flow lanes plus two HOV (High Occupancy Vehicle or carpool lanes) plus two auxiliary lanes; expansion of the Route 259 to Route 330 Interchange to six mixed flow lanes plus two auxiliary lanes. 5 4/26/93 DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEISl PROPOSED PROJECT ALTERNATIVES - Four alternatives are proposed and analyzed in the Draft Environmental Impact Statement (DEIS); one no build alternative and three build alternatives. Each of the build alternatives provide an additional lane in each direction with the option for an High Occupancy Vehicle (HOV) or carpool lane. All three build alternatives would improve freeway circulation and access to both east and west sides of the freeway. The primary differences between the build alternatives lie with the ramp connections with local streets, configuration of the freeway frontage roads, and level of improvements in access and circulation. The frontage roads are restricted to freeway traffic only; local traffic is precluded from using the frontage roads for access to adjacent parcels for the purpose of improving freeway circulation. It is expected that any impacts to displaced residences, businesses, employment and sales tax revenues would be short term, with the benefits of improved freeway access to the west side bearing much more weight in the long term. NO BUILD ALTERNATIVE - Under this alternative, the existing freeway would remain as it exists today with three lanes in each direction between Orange Show Road and the 330 Interchange. This alternative would not result in any displaced residences or businesses and would not result in the displacement of any employees. Since businesses would not be required to relocate, there would be no potential loss of sales tax revenue. Also, since no additional right-of-way for the freeway would need to be acquired, the property tax base would remain unaffected. However, access would continue to disproportionately favor businesses located on the east side of the Interstate 215 freeway, the freeway would not conform to today's design standards, and freeway congestion could be expected to worsen as the local area continues to grow. BUILD ALTERNATIVE NO. ONE - This alternative provides north and south bound frontage roads between Inland Center Drive and Mill Street, and a north bound frontage road between 2nd and 5th Streets. Selection Build Alternative No. One could result in the displacement of up to fifty-five residential units and twenty-eight businesses with an associated displacement of 1,113 employees. If the displaced businesses relocate elsewhere in the ci ty, it would be reasonable to assume that sales tax revenues would be impacted. However, there is no guarantee that displaced businesses would relocate elsewhere in the city. The acquisition of additional right-of-way for the Interstate 215 expansion is expected to reduce property tax revenue by a maximum of $187,564. BUILD ALTERNATIVE NO. TWO - Build Alternative Two provides the least improvement of the three build alternatives, and the 6 4/26/93 -. least impact to existing residences and businesses. This alternative provides both north and south bound frontage roads between Orange Show Road and Inland Center Drive, and north and south bound frontage roads between 2nd and 5th Streets. This alternative does not provide on- off-ramps at Mill Street as the other two build alternatives do. section of Build Alternative No. Two could result in the displacement of up to forty-seven residential units and twenty- five businesses with an associated displacement of 1,052 employees. The effect on sales tax revenue from the displaced businesses is the same as Build Alternative No. One, with the exception that since fewer businesses are impacted, impacts to revenues under a worst case scenario (displaced businesses locating outside the City) would reasonably be expected to be smaller. The acquisition of additional right-of-way for the Interstate 215 expansion is expected to reduce property tax revenue by a maximum under this alternative of $180,077. BUILD ALTERNATIVE NO. THREE - Build Alternative No. Three provides the most improvement to freeway circulation and most improved access to the west side of the city. Build Alternative No. Three is also the most impactive alternative to existing residences and businesses. This alternative provides north and south bound frontage roads between orange Show Road and Massachusetts Avenue, and a north bound frontage road between Massachusetts Avenue and 27th Street. Selection of Build Alternative No. Three could result in the displacement of up to seventy-five residential units and twenty- nine businesses with an associated displacement of 1,147 employees. The effect on sales tax revenue from the displaced businesses is the same as Build Alternative No. One, with the exception that since greater numbers of businesses are impacted, impacts to revenues under a worst case scenario (displaced businesses locating outside the City) would reasonably be expected to be slightly larger than Build Alternative No. One or Two. The acquisition of additional right-of-way for the Interstate 215 expansion is expected to reduce property tax revenue by a maximum under this alternative of $194,191. Al Boughey, Director of Planning and Building services, presented an overview of the 1-215 widening project. Norman Suydam, Project Manager, Caltrans, 625 Carnegie, San Bernardino, CA, presented an overview of the action taken to date on the 1-215 widening project, and answered questions regarding the project. Don Capelle, Parsons and Brinkerhoff, environmental consultant, presented an overview of the differences in the four alternatives. He explained that the 1-215 widening project is in 7 4/26/93 its final stages for permit clearances. positive and negative aspects of the four answered questions regarding the project. He explained alternatives, the and Mr. Capelle presented an eight minute video regarding the 1- 215 widening project. Mike Spiegel, a Caltrans consultant, the of the four alternative proposals, and regarding the proposed four alternatives. differences in each answered questions Discussion ensued regarding the positive and negative aspects of the four proposals for widening the 1-215 freeway. Concern was expressed regarding the potential loss of businesses and homes adjacent to the 1-215 freeway. Director Boughey answered questions regarding the possible impact to businesses adjacent to the 1-215. Mayor Holcomb expressed support for Build Alternative No. Three as it would provide the safest and most efficient traffic circulation on the 1-215 freeway and adjacent areas. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding traffic circulation on the 1-215 freeway and adjacent area. MAYOR HOLCOMB EXCUSED At 11:09 a.m., Mayor Holcomb left the Council meeting and the duties of Mayor Pro Tem were assumed by Council Member Miller. Concern was expressed regarding businesses and homes adjacent to the project; and how the negative impacts mitigated. the potential proposed 1-215 of this project loss of widening could be MAYOR PRO TEM MILLER EXCUSED At 11:10 a.m., Mayor Pro Tem Miller left the Council meeting and the duties of Mayor Pro Tem were assumed by Council Member Estrada. A discussion was held regarding the positive and negative impact that the proposed 1-215 widening project would have on the area adjacent to the project. Council Member Hernandez made a motion, seconded by Council Member Reilly, that the Mayor and Common Council endorse Alternative Three (3); and direct staff to forward comments to Caltrans. (Note: There was no vote taken at this time.) 8 4/26/93 Mr. Capelle explained that it is expected that funding for this project would not be available until approximately the year 2000. Jeff wright, P.O. Box 2341, San Bernardino, CA, voiced his opposition to the project. Mr. Gary Moon, San Bernardino Associated Governments (SANBAG), 472 N. Arrowhead Avenue, San Bernardino, CA, explained that SANBAG is seeking alternative funding sources for this project, and felt that it would not be necessary to relocate homes and businesses adjacent to this project for approximately four years. Helen Kopczynski, 8150 Cable Canyon Road, CA, expressed opposition to the loss of construction of the project commences. San Bernardino, vegetation when The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Maudsley, Minor. None. Absent: Council Members Pope-Ludlam, Miller. Council Nays: ADJOURNMENT (6) At 11:38 a.m., Mayor Pro Tem Estrada adjourned the meeting to Thursday, May 6, 1993, at 9:00 a.m., in the council Chambers of City Hall, 300 North "D" street, San Bernardino, California. RACHEL CLARK City Clerk '7/ . /, -/ By , c t'c (4_<_<,-</ ;-~C"- c.-, Melanie Vale ~ Deputy City Clerk No. of Items: 6 No. of Hours: 2.5 9 4/26/93