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HomeMy WebLinkAbout10-11-2002 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING OCTOBER 11, 2002 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 joint regular meeting held at 1:30 p.m., Monday, October 7, 2002, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission was called to order by Mayor/Chairman Valles at 9:07 a.m., Friday, October 11, 2002, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Lien, McGinnis, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Members/Commissioners Derry, Suarez. 1. Closed Session Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Jaime Alvarez, et al. v. City of San Bernardino - United States District Court Case No. CV 00-03048; Stubblefield Construction Company, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 252058; In Re Bankruptcy of CYSA-South San Bernardino Soccer Foundation - Case No. RS 02-18493MG; 1 10111/2002 City of San Bernardino v. CYSA-South San Bernardino Soccer Foundation, et al. - San Bernardino Superior Court Case No. CSB 213237; San Bernardino Redevelopment Agency v. William H. Cooper - San Bernardino Superior Court Case No. SCVSS 67622; Ronnie Lewis Bunse, et al. v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 084 509; Candice Dick v. City of San Bernardino, et al. - United States District Court Case No. EDCV 02-158 V AP (SGLx); Shallie Tomas, Jr. v. Ray Louis Williams, Sr., et al. - San Bernardino Superior Court Case No. SCISS 087651. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to suhdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Cypress Inn Mobilehome Park and VanRossum claim. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Council Member/Commissioner Suarez Arrived At 9: 14 a.m., Council Member/Commissioner Suarez arrived at the Council! Commission meeting. 2 10111/2002 2. Public hearing - vacation of portions of Rosewood Drive, between Orchard Drive and Tippecanoe Avenue & Orchard Drive, south of Rosewood Drive (Continued from October 7, 2002) Resolution of the City of San Bernardino ordering the vacation of portions of Rosewood Drive, between Orchard Drive and Tippecanoe A venue and Orchard Drive, south of Rosewood Drive (Plan No. 10503). The hearing remained open. John Hoeger, Project Manager, Economic Development Agency, advised that staff had met with JAKS, LLC representatives and legal counsel on Wednesday (10/9/02) to discuss alternate methods of access to the JAKS, LLC property. He stated that a conceptual agreement had been reached and the lawyers had been working to pull everything together; however, finalized documents were not yet completed and JAKS, LLC had not had time to review them. Therefore, staff was requesting that this item be continued to the regular Council/Commission meeting scheduled for October 21. He pointed out that this would still be two days prior to the IVDA meeting to be held on October 23, and everything would still be right on schedule. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of October 21,2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Suarez, Anderson, McCarnmack. Nays: None. Absent: Council Members/Commissioners Lien, Derry. 3. Authorize execution of contract - plumbing repairs and ADA modifications - restroorns and showers at Fire Station 224 (Continued from October 7,2002) City Administrator Wilson stated that staff had put together a proposal and now had a contractor with a bid that would get the required job done. He noted that Inland Acoustics, Inc., a local contractor, was being recommended for the job. Since all Council members had not received the new staff report, City Clerk Clark read the recommended motion into the record, as follows: That the Mayor and Common Council authorize execution of a contract and issue a purchase order for the restroom repair and ADA modifications at Fire Station 224 to Inland Acoustics, Inc. in the amount of $57,000, with a contingency amount of up to $8,600, for a total of $65,600; and that the Director of Finance be authorized to amend the FY 2002103 adopted budget and increase the Facilities Management budget (Account No. 001-321-5502, Professional/Contractual 3 10111/2002 Services) in the amount of $65,600 (contract amount of $57,000 and a contingency amount of $8,600) from the General Fund Budgeted Reserve. Senior Assistant City Attorney Carlyle suggested some wording changes to the motion so it would be consistent with what the City has done on purchase orders in the past. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McCammack that the Mayor and Common Council authorize issuance of a purchase order with the revised proposal of Inland Acoustics, Inc. attached and incorporating the terms therein, for the restroom repair and ADA modifications at Fire Station 224 to Inland Acoustics, Inc. in the amount of $57,000, with a contingency amount of up to $8,600, for a total of $65,600; that Inland Acoustics, Inc. would provide $1 million insurance coverage naming the City as additional insured, with the other requirements on insurance consistent with past City practice; and that the Director of Finance be authorized to amend the FY 2002/03 adopted budget and increase the Facilities Management budget (Account No. 001-321-5502, Professional/Contractual Services) in the amount of $65,600 (contract amount of $57,000 and a contingency amount of $8,600) from the General Fund Budgeted Reserve. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent: Council Members/Conunissioners Lien, Derry. 4. Progress report on General Plan - take possible action (Continued from October 7, 2002) Senior Assistant City Attorney Carlyle advised that when the City first entered into an agreement with The Planning Center to prepare a new General Plan for the City, the deadline for completion of the plan was December 2002. However, certain additions had been incorporated into the original agreement, resulting in a changed timeline. He stated that James Funk, Director of Development Services, was going to give a short presentation or status report regarding the revised timeline and answer any questions the Council might have regarding same. Mayor Valles pointed out that certainly the Arrowhead Springs Hotel was one of the additions made to the agreement with The Planning Center, which would have extended the timeline; and that staff was even considering adding more items to their duties. Mr. Funk noted that on October 21 there would be a workshop session at 5 p.m. with The Planning Center regarding their work on the General Plan. He stated that he wanted to cover some areas today which would resolve some questions 4 10111/2002 the Council members might have and get them thinking about the direction that the City is headed. He stated that he would like to discuss the schedule, the seven elements of the General Plan, the IVDA-Hillwood Master Plan and how it relates to the General Plan, the Lakes and Streams Downtown Renovation Renaissance Plan, the University District Specific Plan, some personnel issues, the volume of work at the present time in the Planning Division, and the Arrowhead Springs Specific Plan and how it relates to the schedule and the General Plan. Mr. Funk advised that presently staff is updating all seven elements of the General Plan, and very crucial to this process is the Housing Element. He stated that the Housing Element had been approved by the Planning Commission in November 2001 and sent to the State for their comments. After considerable time, comments came back from the State and staff was required to conduct more research and investigation to answer/comply with their inquiries. At this time, staff is once again waiting for the State to respond to their latest submittal so it can be moved forward to the City Council. Mr. Funk noted that the other six elements of the General Plan have been amended periodically, especially the Land Use Element, which is not as outdated as the Mayor and Council might think. In fact, that was the reason the City was able to work out a deal with The Planning Center for the update of the remaining elements, plus some optional elements, for a total of only $350,000; . and that included the EIR. Mr. Funk stated that the IVDA-Hillwood Master Plan was supposed to have been adopted by now and rolled into the City's General Plan; however, this has not happened. He noted that basically staff knows the intensity of the development that is intended in the IVDA Master Plan relative to land uses; therefore, it is possible to use that information as a basis to calculate the trips that are going to be generated. This information can then be used to do not only the Land Use Element amendments, but also plan for any modifications that are necessary in the Circulation Element. Council Member/Commissioner Estrada inquired as to when the Council would be able to provide input. She recalled that previously it was rather early in the process when there was input from the Council relative to their districts, and she did not want to see the process go so far that it would be too late to consider what the community or the elected officials have to say. Mr. Funk advised that there would probably be a series of public hearings on all of the components of the General Plan. He stated that while a lot of the information would be in draft form, on October 21 the Council would be seeing the first components relative to the Verdemont Area Plan and the Specific Plan for the University District. At that time, the Council would submit their comments regarding these two areas and staff would make amendments 5 10/ll/2002 accordingly and move that forward. He also reminded the Council that there have already been approximately 15 workshops and meetings in the community, including meetings with various business groups and people with special interests, as well as workshops in the various wards. Council Member/Commissioner McCammack stated that she thought the most important part of the City's General Plan update is the Housing Element, and she commended staff for taking the extra time to make sure that we are providing every possible type of housing that the community needs, but not more than is needed; particularly, the affordable multi-tenant housing. She stated that she agreed with Ms. Estrada that input from the Council is crucial to ensure that they are not given a document for their approval that they have not been given the opportunity to participate in. She also expressed her concerns regarding the staffing levels and the need for more planning personnel in the Development Services Department. Mayor Valles asked Mr. Funk what each member of the Council should do to be prepared for the workshop with The Planning Center and what the process was going to be. She noted that land use determination and housing are critical issues. She asked Mr. Funk to provide, in writing, information for herself and the Council relative to what components a General Plan should have overall, and what a General Plan is and what it is not, so that it is a meaningful workshop and they are prepared to engage in a real meaningful dialogue on the land use issues for the City of San Bernardino. The Mayor requested that Mr. Funk prepare a timeline for her and the Council members, with the understanding that it is a projection only because there are variables over which there is no control. She also requested a glossary of planning terms so they would have a better understanding of the meanings of items being discussed. She expressed concurrence with Ms. McCarnmack that the staffing levels in the Development Services Department need to be addressed. Council Member/Commissioner Estrada stated that one of her biggest concerns is that the City holds fast to a decision made several years ago in terms of spot zoning. At that time a commitment was made by a former Mayor and Council to stay away from spot zoning, to really depend on what the General Plan calls for, and she believes it is important for the future that they keep this in mind as they develop the General Plan. Mr. Funk stated that if time allows at the workshop, he would be asking for approval to spend 16 hours to do the four components that are required to be in the Specific Plan or a General Plan Amendment; and that is all the time it will take because it is a land use issue. He stated that it would probably take 16 6 10111/2002 hours of a planner's time, and the rest of it is doing the Environmental Impact Report. Mayor Valles assured Mr. Funk that she and the Council would do whatever they could to support his efforts because they understood the tremendous workload under which he and his staff are operating. She expressed her appreciation of their attention to priority projects and the fact that they have reconfigured the whole department, making it much easier for their customers and clients. 5. Adjournment At 10:17 a.m. the meeting adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 8:00 a.m., Monday, October 21, 2002, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. By: RACHEL G. CLARK City Clerk h8~ Linda E. Hartzel Deputy City Clerk No. of Items: 5 No. of Hours: 1.25 7 10/1112002