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HomeMy WebLinkAbout06-28-1993 Minutes MINUTES MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT SPECIAL MEETING JUNE 28, 1993 COUNCIL CHAMBERS NOTICE IS HEREBY GIVEN that the Mayor and Common Council and the Community Development Commission of the city of San Bernardino have called a special meeting of the Mayor and Common Council and community Development Commission for 9:00 a.m., Monday, June 28, 1993, in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. The purpose for which this meeting has been called is to reconsider the Council's action concerning the TriCity Corporate Centre which was discussed, and action was taken, at the Council meetings of May 24, 1993, June 7, 1993, and June 21, 1993. The joint special meeting of the Mayor and Common Council and the community Development Commission of the City of San Bernardino was called to order by Mayor Minor at 9:04 a.m., Monday, June 28, 1993, in the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam; City Attorney Penman, Deputy City Clerk Medina. Absent: Council Member Miller; city Administrator Shauna Clark. * Fifth Ward Office Vacant 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 Negrete. COMMENDATION - BERT MURPHY - DIRECTOR OF FACILITIES MANAGEMENT Ray Salvador, Administrative Assistant to the Mayor, read a commendation honoring Bert Murphy, Director of Facilities Management, in recognition of his thirteen years of dedicated service to the City. 1 6/28/93 Bert Murphy was present to accept the commendation. RECESS MEETING - CLOSED SESSION (2) At 9:07 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the 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; 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); 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: ; to meet with an applicant for a applicant's attorney pursuant section 54956.7; h. to meet with the Chief of Police regarding matters of pUblic security pursuant to Government Code section 54957; city license and the to Government Code g. i. to confer with the attorney regarding litigation pursuant to Government Code 54956.9 (a) which has been initiated formally the city is a party. pending section to which 2 6/28/93 CLOSED SESSION At 9:07 a.m., Mayor Minor 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 Deputy city Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam; city Attorney Penman, Deputy City Clerk Medina, City Administrator Shauna Clark. Absent: Council Member Miller. * Fifth Ward Office Vacant Also present: Deputy city Attorney Empeno; Al Boughey, Director of planning and Building Services. COUNCIL MEMBER MILLER ARRIVED At 9:09 a.m., Council Member Miller arrived at the closed session. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 10: ~1 a.m., Shauna Clark City Administrator left the closed session. ADJOURN CLOSED SESSION At 10:31 a.m., the closed session adjourned to the joint special meeting of the Mayor and Common Council and Community Development Commission in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 10:31 a.m., Mayor Minor reconvened the joint special meeting of the Mayor and Common Council and community Development Commission 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 Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Miller; City Attorney Penman, Deputy City Clerk Medina, City Administrator Shauna Clark. Absent: Council Members Curlin, pope-Ludlam. * Fifth Ward Office Vacant PUBLIC COMMENTS - JEFF WRIGHT Jeff Wright, P.O. Box 2341, San Bernardino, CA, stated that public comments should be permitted at all Mayor and Council meetings; and requested that the City install a locked glass bulletin board where all Mayor and Council agendas could be posted. 3 6/28/93 RECONSIDERATION AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19 - THE DEVELOPMENT CODE) TO ADD CHAPTER 19.11 TCC (TRICITY CORPORATE CENTRE OVERLAY) DISTRICT WHICH PROVIDES FOR THE IMPLEMENTATION OF THE TRICITY CORPORATE CENTRE LAND USE PLAN AND DESIGN GUIDELINES. Final (1) Mark Ostoich, Gresham, Varner, Savage, Nolan & Tilden, 600 North Arrowhead Avenue, Suite #300, San Bernardino, CA, submitted to Deputy city Clerk Medina a letter dated June 25, 1993, objecting to the meeting due to the City's failure to comply with the California Government Code requirement to post the agenda. city Attorney Penman stated that the City complies with all legal requirements relating to posting of agendas, and requested that Deputy City Clerk Medina explain the City'S agenda posting procedures. Deputy City Clerk Medina stated that the agenda was posted on Thursday, June 24, 1993, at approximately the same time that notifications were sent via facsimile transmission to the newspapers and radio stations. COUNCIL MEMBERS CURLIN & POPE-LUDLAM RETURNED At 10:40 a.m., Council Members Curlin and Pope-Ludlam returned to the Council meeting and took their places at the council table. Discussion ensued regarding the procedures for the posting of Council agendas. Mr. Ostoich expressed concern that Rancon Financial had not been properly notified of the meeting. city Attorney Penman stated that a notice of the meeting was published in the Sunday Edition of The Sun newspaper in Section B. Mr. Steve Palmer, Rancon Financial, 650 East Hospitality Lane, San Bernardino, CA, explained that development agreements provide a method for the orderly development of projects. He explained that the Tricity corporate Centre is a 153-acre mixed use development. He explained that the development agreement established the terms under which the development of the site would occur, and ensures that the required infrastructure and improvements are constructed when needed, over a twenty-five year period. He explained that the City would benefit from the infrastructure improvements in the project, and the employment that is created and retained through the project. 4 6/28/93 Mr. Palmer explained that many of the businesses that relocated from other areas of the City would not have stayed in San Bernardino had it not been for TriCity's modern buildings with freeway access and visibility. He answered questions regarding the buildings proposed to be constructed in the Tricity Corporate Centre. Discussion ensued regarding relocated from the downtown area to Lane area. the businesses that have the Tricity and Hospitality Mr. ostoich expressed a desire to work with the city to resolve any concerns regarding the project. Robert Kirkpatrick, President, Rancon Financial, 27720 Jefferson Avenue, Temecula, CA, explained that he would work with the city to resolve any concerns regarding the project. He stated that many businesses chose to locate at the Tricity Corporate Centre because of its upscale office facilities. Mark Edwards, 599 N. Arrowhead Avenue, San Bernardino, CA, representing the San Bernardino Downtown Business Association, expressed concern regarding the economic future of businesses in the downtown area. He requested that the action taken to approve the Development Agreement on May 24, 1993 be reconsidered, because it was not explained at that time that the project proposed to build two twenty-story buildings. He felt that the construction of two twenty-story buildings at Tricity was in conflict with the City's General Plan; and that a full review of the financial impact on the downtown area was needed. He answered questions regarding the San Bernardino Downtown Business Association's concerns regarding the proposed high-rise buildings. The Council discussed the information that had been provided in the backup material for the TriCity project at the May 24, 1993 Council meeting. Al Boughey, Director of Planning and Building Services, explained that the backup information regarding the TriCity project on May 24, 1993 did indicate that there would be two twenty-story buildings; however, it was not indicated on the summary page. Discussion ensued regarding how the matter was addressed at the Council meeting of May 24, 1993. Mr. Kirkpatrick explained that the project was submitted to the city in 1990, and that Rancon has complied with every requirement imposed on the project. He stated that since there is concern about the proposed height of the two buildings, that Rancon would commit to a height limitation of twelve stories on 5 6/28/93 the two buildings in an effort to alleviate these concerns. Mayor Minor requested that representatives from the San Bernardino Downtown Business Association, Rancon Financial, and Council Members Negrete, Hernandez, and the City Attorney meet after the meeting to schedule an appointment to meet and discuss the concerns. Robert curci, Managing Partner, central city Company, 295 Central City Mall, San Bernardino, CA, expressed concern regarding the negative economic impact that the project would have on the downtown, and felt that a complete financial review was necessary. He expressed concern that the proj ect had not been explained at the May 24, 1993 Council meeting. He voiced concern that the project was in conflict with several areas of the City's General Plan. Gil Lara, 500 East Country Club Road, San Bernardino, CA, requested that approval of the project be postponed until action could be taken to develop a central downtown government center. He felt that the Tricity project gave a negative signal to the downtown merchants, and that the project needed to be further studied regarding its economic impact on downtown businesses. Mr. Lara distributed to Deputy city Clerk Medina a memorandum dated June 24, 1993 regarding his concerns relating to the revitalization of the downtown area. Sam Catalano, Manager, Carousel Mall, 295 Carousel Mall, San Bernardino, CA, stated that the San Bernardino Downtown Business Association was recently formed to act as an advocate for downtown merchants in order to become more involved in issues that affect the downtown area. He expressed support for a consolidated government center in the downtown area. He expressed concern regarding the possible negative financial impact that the TriCity project could have on downtown businesses. CITY ATTORNEY PENMAN EXCUSED At 11:36 a.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Empeno. Discussion ensued regarding Rancon's commitment not to exceed a height of twelve stories for the two proposed buildings in the TriCity project. Mr. Kirkpatrick answered questions regarding the project. Gary Kirby, 1505 Yardley, San Bernardino, CA, felt that many of these concerns would not have arisen had the project been explained at the May 24, 1993 Council meeting. 6 6/28/93 Discussion continued regarding the proposed height of the two buildings. council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that said ordinance be continued to July 6, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. RECESS MEETING At 12:01 p.m., Mayor Minor recessed the meeting until 12:15 p.m., in the Economic Development Agency, Board Room, 201 North "E" Street, San Bernardino, California. RECONVENE MEETING At 12:22 p.m., the joint special meeting of the Mayor and Common Council and Community Development Commission reconvened in the Economic Development Agency, Board Room, 201 North "E" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Vale with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; Deputy City Clerk Vale. Absent: City Attorney Penman, City Administrator Shauna Clark. * Fifth Ward Office Vacant Also present: Timothy Steinhaus, Agency Administrator, Barbara Lindseth, Administrative Services Manager, Ann Harris, Director of Downtown Main street, Stafford Parker, Deputy Director, Development Department, Economic Development Agency, and Tim Sabo, Sabo and Green, special counsel to the Economic Development Agency. COMMUNITY DEVELOPMENT COMMISSION JOINT SPECIAL MEETING At 12:22 p.m., Chairman Minor called the joint special meeting of the Community Development commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items only. acting as the on community SENIOR ASSISTANT CITY ATTORNEY BARLOW ARRIVED At 12:31 p.m., Senior Assistant City Attorney Barlow arrived at the meeting. RECESS MEETING At 1:04 p.m., Chairman Minor declared a five-minute recess. 7 6/28/93 RECONVENE MEETING At 1:11 p.m., the joint special meeting of the Mayor and Common Council and Community Development commission reconvened in the Economic Development Agency, Board Room, 201. North "E" street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy city Clerk Vale with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, Deputy City Clerk Vale. Absent: City Administrator Shauna Clark. * Fifth Ward Office Vacant Also present: Timothy Steinhaus, Agency Administrator, Barbara Lindseth, Administrative Services Manager, Ann Harris, Director of Downtown Main street, Stafford Parker, Deputy Director, Development Department, Economic Development Agency, and Tim Sabo, Sabo and Green, special counsel to the Economic Development Agency. COMMUNITY DEVELOPMENT COMMISSION JOINT SPECIAL MEETING At 1:11 p.m., Chairman Minor called the joint special meeting of the Community Development Commission to order in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. At this time, the Mayor and Common council, Community Development Commission, took action Development Commission items only. acting as the on Community COUNCIL MEMBER POPE-LUDLAM EXCUSED At 1:36 p.m., Council Member Pope-Ludlam left the meeting. COUNCIL MEMBER At 1:46 p.m., meeting. POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the COUNCIL MEMBER MILLER EXCUSED At 2:08 p.m., Council Member Miller left the meeting. RES. 93-213 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO HEREBY ENCOURAGE OUR GOVERNOR AND STATE REPRESENTATIVES TO STRONGLY CONSIDER THE SEVERE EFFECTS THIS CUT IN SUPPLEMENTAL SECURITY INCOME BENEFITS WILL HAVE ON THE LESS FORTUNATE IN OUR COMMUNITY, AND THAT THESE CUTS BE REMOVED FROM THE BUDGET. (NB-l) Deputy City Clerk Vale read the title of the resolution. 8 6/28/93 council Member Pope-Ludlam made a motion, seconded by council Member Hernandez, and unanimously carried, that the need to take action on this matter arose after the posting of the agenda. council Member Hernandez made a motion, seconded by council Member Negrete, that further reading of said resolution be waived; that said resolution be adopted; and that the Mayor be directed to send letters to local state representatives in opposition to the proposed state reductions in the Social Security Insurance (SSI) provided to Independent Living Clients. The motion carried, and Resolution No. 93-213 was adopted by the following vote: Ayes: Council Members Negrete, curlin, Hernandez, Oberhelman, Pope- Ludlam. Nays: None. Absent: Council Member Miller. * Fifth Ward Office Vacant ADJOURNMENT (3) At 2:19 p.m., the meeting was adjourned to 8:00 a.m., Tuesday, July 6, 1993, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. RACHEL CLARK City Clerk By ~:,;c~~ ~~ Melanie Vale Deputy City Clerk No. of Items: 8 No. of Hours: 5 9 6/28/93