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HomeMy WebLinkAbout11-04-2002 Minutes MINUTES MA YOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 4, 2002 COUNCIL CHAMBERS This is the time and place set for a joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. Pursuant to Resolution No. 2002-228, the City Clerk or her designee shall appear in the Council Chambers at 8:00 a.m. on the first and third Mondays during the months of August, October, November and December, 2002, and shall continue each Mayor and Common Council meeting to 1:30 p.m. that same day. The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Valles at 1:34 p.m., Monday, November 4, 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, Derry, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. I. Closed Session Pursuant to Government Code Section(s): 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 11/04/2002 San Bernardino Redevelopment Agency v. William H. Cooper - San Bernardino Superior Court Case No. SCVSS 67622; Patricia Dolby, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 72979; Avila Construction, Inc. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 01-0582 V AP (SGLx); Richard P. Avila, et al. v. Mike Grubbs, et al. - San Bernardino Superior Court Case No. SCVSS 084862; David M. Sanborn v. Avila Construction, et al. - San Bernardino Superior Court Case No. SCVSS 078410; Candice Dick v. City of San Bernardino, et al. - United States District Court Case No. EDCV 02-158 V AP (SGLx); Cassandra Daily v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 034774. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: 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: (1) Fire negotiation issue G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: I. Property Address: 441 West Eighth Street 2 11/04/2002 Negotiating Parties: Under Negotiation: 2. Properties: Parcel Nos. 138-301-03 138-301-04 138-301-05 Negotiating Parties: Under Negotiation: 3. Property: Parcel No. 13 8-301-07 Negotiating Parties: Under Negotiation: 4. Property: Parcel No. 138-301-08 Negotiating Parties: Under Negotiation: Fred Wilson on behalf of the City of San Bernardino and the San Bernardino Community College District Purchase, terms & conditions Address 246 North "K" Street 240 North "K" Street 232 North "K" Street Gary V an Osdel on Redevelopment Agency Castillo, owner behalf of the and Gilbert Purchase, terms & conditions Address 11 08 West 2nd Street Gary Van Osdel on behalf of the Redevelopment Agency and Branko Belichefsky on behalf of the Belichefsky Children Family Trust Purchase, terms & conditions Address 1122 West 2nd Street Gary Van Osdel on behalf of the Redevelopment Agency and Alice E. Spar, Richard E. Gardner, et al. owner Purchase, terms & conditions City Attorney Penman announced that the following items would be discussed in closed sessIOn: Letter received from John G. McClendon of Van Blarcom, Leibold, McClendon, & Mann, dated October 24, 2002, advising of the Redlands Association's intent to 3 11/04/2002 commence legal action against the City of San Bernardino and its Municipal Water Department regarding "the Donut Hole." Said matter to be discussed under IB, Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9; Steven M. Schubert, et al. v. Federal Express Corporation - Circuit Court of Cook County, Illinois, Case No. 00-5597; Shirley J. Goodwin v. City of San Bernardino, et al. - United States District Court Case No. EDCV 98-66 RT; Two additional claims involving former Police Officer Van Rossum from Angela Vandiver and Jay ton Fowler; Proposed ordinance, Agenda Item No. 30, to be discussed under 1B, Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission. Moment of Silence Mayor/Chairman Valles requested a moment of silence be observed in memory of Isabel Rubio, retired volunteer receptionist for the City who passed away on November 1. Invocation/Pledge of Allegiance The invocation was given by Father Patricio Guillen of Libreria del Pueblo, followed by the pledge of allegiance, led by Jessica Salazar, a graduating senior at Anderson School. 2. Appointments - Lenore Schon, alternate member - Human Relations Commission - Mayor Valles Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the appointment of Lenore Schon, as an alternate member of the Human Relations Commission, as requested by Mayor Valles, be approved. The motion carried by the following vote: Estrada, Lien, McGinnis, Derry, Suarez, Council Member/Commissioner Anderson. Ayes: Council Members/Commissioners McCammack. Nays: None. Absent: 4 11/04/2002 3. Presentations Pat Wendt, President of the Orange Belt Mineralogical Society, presented honorary memberships to Councilman Joe Suarez for his help and guidance with their recent tailgate show and to Jan Bradley, Manager of KOA Campground, for letting them use the campground facilities for the event. David Pruitt, Executive Assistant to the Mayor, read the names of the following police officers who were presented a service pin award by Mayor Valles in recognition of their 25 years of dedicated service to the City: David Harp, Vincent Kilbride, Steven Klettenberg, Vincent Kutch, Frank Mankin, Rick Moyer, and Bradley Ringnes. Mayor Valles honored Miss Dorothy Inghram, influential and inspirational community leader, on the occasion of her 97th birthday. Rachel Clark, City Clerk, publicly commended Wendy Riner of Code Compliance for saving the life of Paul Shimoff, brother of keynote speaker Marci Shimoff, at a conference held at the Radisson Hotel over the weekend. Mayor Valles and Council Member McCammack recognized Mark Westwood for all his hard work in organizing the San Bernardino Jazz Festival. A proclamation designating Monday, November 4, 2002, as Mark Westwood Day was read by Council Member Lien. 4. Announcements Announcements were made by Mayor Valles, members of the Common Council, elected officials, and the Chamber of Commerce regarding various civic, community, and Chamber events and activities. Fred Wilson, City Administrator, provided an update on the City's public works projects. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Anderson, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council/Community Development Commission be waived. The motion carried by the following vote: Estrada, Lien, McGinnis, Derry, Suarez, Absent: None. Ayes: Council Members/Commissioners Anderson, McCammack. Nays: None. 5 11/04/2002 6. Council Minutes Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Anderson, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino, be approved as submitted in typewritten form: September 23, 2002; October 7,2002; and October 11, 2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 7. Claims & Payroll Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Anderson, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated October 22, 2002 from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 8. Personnel Actions Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the personnel actions as submitted by the Chief Examiner dated October 29,2002, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 9. Set public hearing - November 18, 2002 - 4 p.m. - to consider various fee adjustments Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council set a public hearing for Monday, November 18, 2002, at 4 p.m. in the Council Chambers to consider the adjustment of various City fees. 6 11/04/2002 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 10. ORD. MC-1131 - An Ordinance of the City of San Bernardino amending Section 10.16.180 of the San Bernardino Municipal Code to increase the number of Preferential Parking Permits issued per dwelling from two to a maximum of four, in areas where Preferential Parking Permit Programs are in effect. FINAL READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said ordinance be adopted. Ordinance No. MC-113l was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, McCarnmack. Nays: None. Absent: None. Council Anderson, II. Reject all bids - Timber Creek improvements between Lena Road and Twin Creek - Plan No. 10069 - direct staff to rebid the project Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council reject all bids for Timber Creek improvements between Lena Road and Twin Creek per Plan No. 10069 and direct staff to rebid the project as described in the staff report dated October 18, 2002, from James Funk, Director of Development Services. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 12. Fiscal Year 2001/2002 to Fiscal Year 2002/2003 Continuing Appropriations and Encumbrance Carryovers Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council approve the listing of Fiscal Year 200112002 Continuing Appropriations and Encumbrance Carryovers into Fiscal Year 2002/2003. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. Council Member/Commissioner Estrada recommended that this matter go directly to the full Council as a workshop. 7 11/04/2002 13. RES. 2002-349 - Resolution of the Mayor and Common Council of the City of San Bernardino appointing specific directors to the Big Independent Cities Excess Pool Joint Powers Authority. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2002-349 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCarnmack. Nays: None. Absent: None. 14. RES. 2002-350 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino Symphony Orchestra for the promotion of arts and culture. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2002-350 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCarnmack. Nays: None. Absent: None. 15. RES. 2002-351 - Resolution authorizing the Mayor of the City of San Bernardino or her designee to execute an agreement with the San Bernardino City Unified School District relating to delivery of Type "A" lunches to City sites for the District's year-round lunch program. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-351 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCarnmack. Nays: None. Absent: None. 16. RES. 2002-352 - Resolution of the Mayor and Common Council of the City of San Bernardino to authorize the execution of a Contractual Agreement between the City of San Bernardino and Penny's Creative Concessions for concession services at the San Bernardino Soccer Complex. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. 8 11/04/2002 Resolution No. 2002-352 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 17. Business Improvement Program Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Estrada, that the status report on the Business Improvement Program be received and filed, and that the ordinance, when drafted, be referred to the Legislative Review Committee. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 18. Receive and file - Fiscal Year 200112002 Preliminary Year-End Report and the Fiscal Year 2002/2003 First Quarter Report Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council receive and file the Fiscal Year 200112002 Preliminary Year-End Report and the Fiscal Year 200212003 First Quarter Report. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 19. Receive and file - PERS Actuarial Information Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council receive and file the PERS Actuarial Information Report and memorandum, dated October 29, 2002, from Fred Wilson, City Administrator. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 20. RES. 2002-356 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the adoption of the San Bernardino Soccer Complex budget. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. 9 11/04/2002 Resolution No. 2002-356 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: None. Council Anderson, 21. Authorize waiver of Fire Department Standby fees - First Presbyterian Church - 1900 North "D" Street, San Bernardino - $241.02 Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner McCammack, that the request for a waiver of fees in the amount of $241.02 for Fire Department Standby charges in connection with the Start Out Smart Read Benefit dinner at the First Presbyterian Church on October 12, 2002, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 22. RES. 2002-357 - Resolution authorizing the Mayor of the City of San Bernardino or her designee to apply for and administer a grant in the amount of $50,000 from San Bernardino County Emergency Food & Shelter Program Local Board FEMA XXI for the administration of a Food & Shelter Program for at risk families through the Westside Community Center. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-357 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCarnmack. Nays: None. Absent: None. 23. Ratification of the Grants Ad Hoc Committee's action - authorize the Parks, Recreation & Community Services Department to apply for the Home Depot Grant for equipment and services to support the Mentoring Program Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Suarez, that the Home Depot Grant Application for equipment and services to support the San Bernardino Mentoring Program, be ratified. The motion carried by the following vote: Estrada, Lien, McGinnis, Derry, Suarez, Absent: None. Ayes: Council Members/Commissioners Anderson, McCammack. Nays: None. 10 11/04/2002 24. RES. 2002-358 - Resolution of the City of San Bernardino accepting the FY 02/03 High Technology Grant and authorizing the expenditure of the awarded grant funds in accordance to the Grant Expenditure Plan. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-358 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: None. Council Anderson, 25. Public hearing - vacation of a portion of Pico Avenue, south of Rialto Avenue; Belleview Street, east and west of Pico Avenue; and that certain east/west alley, south of Rialto Avenue and east of Pico Avenue. RES. 2002-353 - Resolution of the City of San Bernardino ordering the vacation of a portion of Pico A venue, south of Rialto Avenue, Belleview Street, east and west of Pico Avenue and that certain east/west alley. south of Rialto Avenue and east of Pico Avenue (Plan No. 10501) and reserving easements for City sanitary sewer, waterlines, and for Burlington Northern Santa Fe for ingress and egress and existing facilities. Mayor/Chairman Valles opened the public hearing. James Funk, Director of Development Services, reviewed highlights of the staff report. No public comments were received. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that the public hearing be closed; that the Findings of Fact, as set forth in the staff report dated October 23, 2002, from James Funk, Director of Development Services, as to why a portion of Pico A venue, south of Rialto Avenue; Belleview Street, east and west of Pico Avenue; and that certain east/west alley, south of Rialto A venue and east of Pico A venue is no longer necessary for public street purposes, be adopted; and that said resolution be adopted. The motion carried and Resolution No. 2002-353 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCarnmack. Nays: None. Absent: None. 11 11/04/2002 26. Public hearing -- proposed expenditure of monies allocated from the FY 2002/03 Local Law Enforcement Block Grant (LLEBG) funds (Continued from October 21, 2002) RES. 2002-354 - Resolution of the City of San Bernardino authorizing the Mayor and Common Council to obligate and expend the awarded FY 02/03 Local Law Enforcement Block Grant (LLEBG) funds for law enforcement support expenditures. The public hearing remained open. No public comments were received. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2002-354 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 27. Public hearing - proposed expenditure of monies allocated from the FY 2002/03 Citizen's Option for Public Safety (COPS Option) funds (Continued from October 21,2002) RES. 2002-355 - Resolution of the City of San Bernardino authorizing the obligation and expenditure of the allocated Citizens Option for Public Safety (COPS Option) monies for FY 02/03 to supplement front-line law enforcement support services. The public hearing remained open. No public comments were received. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council close the public hearing; that the Police Department's proposed expenditure plan for the COPS Program for FY 2002/03, be adopted; and that said resolution be adopted. The motion carried and Resolution No. 2002-355 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 12 11/04/2002 28. Consideration and approval of resolutions and agreements and related documents to supply sewer service to the area known as the "Donut Hole" (Continued from October 7,2002) A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement for sewer service between the City of San Bernardino, the City of San Bernardino Municipal Water Department and County Service Area 70, Improvement Zone EV-l. (28A) A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Inducement Agreement between the City of San Bernardino and the County of San Bernardino. (28B) Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Suarez, that said resolutions A and B be disapproved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 29. Authorization for the Mayor of the City of San Bernardino to send a letter of protest to the Board of Supervisor's of San Bernardino County and to the San Bernardino County Ethics Officer notifying them of alleged improprieties in the site selection process of the temporary housing of court facilities in downtown San Bernardino. (Continued from October 7, 2002) Note: No backup material was received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Derry, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 30. An Ordinance of the City of San Bernardino adding Subsection "C" to Section 10.24.190 of the San Bernardino Municipal Code relating to commercial vehicles prohibited on certain streets. FIRST READING Council Member/Commissioner McCammack stated that she would be abstaining on this matter because the subject property is located within 500 feet of her residence. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said ordinance be laid over for final adoption; and that the ordinance be referred to the Legislative Review Committee. 13 11/04/2002 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson. Abstentions: Council Member/Commissioner McCammack. Nays: None. Absent: None. 31. Discuss and take possible action - scheduling of future meetings of the Mayor and Common Council Council Member/Commissioner Estrada stated that she felt there had not been an increase in public participation since they changed the time of the Council meetings. City Attorney Penman stated that the Council might want to consider putting an item on the ballot to change the Council meeting to Tuesday or Wednesday evening. Council Member/Commissioner McGinnis stated that he preferred the earlier meetings and agreed with Council Member/Commissioner Estrada that he had not seen any difference in public attendance. Council Member/Commissioner Lien stated that in the few instances when they have had an important issue on the agenda, more people have been able to attend. She stated that she thought the Council is more efficient when they meet later in the day. Council Member/Commissioner McCarnmack stated that she agreed with Council Member/Commissioner Lien that attendance has been greater and several individuals have told her that they have been able to watch the Council meetings more often. Council Member/Commissioner Derry stated that having meetings during the evening at least provided the opportunity for working folks to come and visit their Council and let their thoughts be known on issues of importance. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Lien, that the City Attorney's Office be directed to prepare an Ordinance amending Section 2.58.01OA of the San Bernardino Municipal Code to allow regular meetings of the Mayor and Common Council to commence at 1:30 p.m., rather than at 8:00 a.m. as is currently established by ordinance; and that such ordinance be brought back for a first reading at the next regular meeting of the Mayor and Council (November 18, 2002). The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson, McCarnmack. Nays: Council Member/Commissioner McGinnis. Absent: None. 14 11/04/2002 32. Legislative Task Force Update Council Member/Commissioner Lien stated that a written report had been provided to the members of the Council. No action was taken. Recess Meeting At 4:47 p.m., Mayor/Chairman Valles recessed the meeting to 7:00 p.m. III the Council Chambers of City Hall. At 7:00 p.m., the Council meeting reconvened and the remaining City items were discussed. 33. Public hearing - General Plan and Development Code Amendments to create a Residential Student Housing land use designation - Conditional Use Permit to allow the construction of a student housing project (Continued from October 7, 2002) RES. 2002-359 - Resolution of the City of San Bernardino adopting General Plan Amendment No. 01-06 to the General Plan of the City of San Bernardino, to add the Residential Student Housing designation, and assign this designation to 8.28 acres on the south side of Northpark Boulevard, east of University Parkway. (33A) An ordinance of the City of San Bernardino amending Section 19.02.050 (Definitions) and Chapter 19.04 (Residential Districts) Section 19.04.020, Table 04.01 (Permitted Uses), Table 04-02 (Specific Standards), and Section 19.04.030 (Development Standards) of the San Bernardino Municipal Code (Development Code) to add text related to definitions, requirements and standards for student housing projects. FIRST READING (33B) The public hearing remained open. An interoffice memorandum to the Mayor and Common Council from Valerie Ross, City Planner, dated November 4, 2002, regarding the Residential Student Housing Project was submitted into the record. Ms. Ross stated that when the application was submitted, it did not fit within any of the permitted land use categories in the General Plan or Development Code. She indicated that the General Plan Amendment would establish the RSH, Residential Student Housing overlay land use district; the Development Code Amendment would establish development standards for Student Housing Projects; and the Conditional Use Permit would permit construction of 132 units with a total of 480 bedrooms and five buildings, each being three stories in height. She stated that the remaining three-acre parcel would be developed for commercial use at a later date. 15 11/04/2002 Ms. Ross stated that because it was determined that the project could have impacts on the environment, an initial study was prepared and was made available for public review along with the proposed mitigated negative declaration. Comments were received from the County Flood Control District requesting the addition of three conditions of approval. Ms. Ross noted that the application initially included a request for a variance, but it was omitted on the recommendation of the Planning Commission. Ms. Ross stated that the concern with the student housing project was that the City could not regulate or restrict who leased the rooms. She stated that in order to ensure the residential student housing project would be used for students only, the text of the Development Code Amendment includes a requirement for a formal affiliation with the University. In addition, she stated that the City Attorney's Office prepared language to address potential future concerns with the project, which is included in the Development Code Amendment text and the amended conditions of approval. Ms. Ross stated that no substantive land use changes were made to the project-the primary changes were ensuring the terms of the affiliation agreement and ensuring that what is done today does not create problems in the future City Attorney Penman expressed his concern that the project could, in the future, convert to an unacceptable use such as apartments or a drug and alcohol or parolee facility. Correspondence dated November I, 2002 was received from Dr. Albert Karnig, President, Cal State University, San Bernardino, which provided assurance that the University did not plan to have sufficient housing on campus for the long-term future, just as it already did not have sufficient housing for the short-term future. Mr. Penman stated that the original plan was to change the land use designation from CG-3, Commercial General, to RSH, Residential Student Housing. However, instead of changing it, an overlay land use district was established whereby the underlying zoning would remain the same and the CG-3 land use district policies and standards would remain in place in the event the building ceases to be used as student housing. Mr. Penman stated that he felt the City had done everything legally possible to ensure that this student housing would be used only as student housing and would remain student housing. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Dr. David DeMauro, California State University, San Bernardino, 5500 University Parkway, San Bernardino, CA, stated that one of the goals of the University was to add more housing on the campus and adjacent to it. He indicated that during the last two years, they added 1,000 beds, but they were approaching attendance of 17,000 students. Dr. DeMauro stated that studies have shown that the probability of students staying on campus and graduating is much higher for those who live on campus than 16 11/04/2002 students who do not live in student housing and that those students usually stay in the immediate area around the university after graduation. Stuart Davis, President of American Campus-Titan, stated that they concur with the Planning staff's recommendations and with the conditions imposed upon the project. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the hearing be closed; that the Mayor and Common Council adopt the Mitigated Negative Declaration for General Plan Amendment No. 01-06, Development Code Amendment No. 02-04 and Conditional Use Permit No. 02-18 and the Mitigation Monitoring and Reporting Plan for Conditional Use Permit No. 02-18; that the Mayor and Common Council approve General Plan Amendment No. 01-06 based on the Findings of Fact contained in the Planning Commission staff report; approve Development Code Amendment No. 02-04, based on the Findings of Fact contained in the Planning Commission staff report; and that the Mayor and Common Council approve Conditional Use Permit No. 02-18, based on the Findings of Fact contained in the Planning Commission staff report and subject to the amended Conditions of Approval and Standard Requirements; that said resolution be adopted; and said ordinance be laid over for final adoption. The motion carried and Resolution No. 2002-359 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff Present Mayor/Chairman Valles; Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, and Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel. Absent: None. R34. RES. CDC/2002-32 - A Resolution of the Community Development Commission of the City of San Bernardiuo approviug and authorizing the Executive Director of the Redevelopmeut Agency to execute the HOME Community Housing Development Organization (CHDO) Agreement by and between the Redevelopment Agency of the City of San Bernardino and Neighborhood Housing Services of the Inland Empire, luc. ("NHS"). Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. 17 11/04/2002 Resolution No. CDC/2002-32 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCarnmack. Nays: None. Absent: None. R35. RES. CDC/2002-33 - Resolution of the Community Development Commission of the City of San Bernardino, California, approving a Loan Agreement, and related documents, and authorizing execution thereof, between the Redevelopment Agency of the City of San Bernardino and the Community Reinvestment Fund. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDCI2002-33 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: None. Council Anderson, 36. Public Comments John Stevens, 4097 Pershing Avenue, San Bernardino, CA, spoke regarding nuclear waste transportation and expressed his concerns regarding voter registration discrepancies. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the transfer of high-level radioactive waste casks in Europe. S I. Resolution of the Mayor and Common Council of the City of San Bernardino in opposition to Proposition 51 - Distribution of existing motor vehicle sales and use tax. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. S2. Resolution of the Mayor and Common Council of the City of San Bernardino in opposition to Proposition 49, a State Initiative relating to Before and After School Programs. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that the matter be tabled. 18 11/04/2002 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCarnmack. Nays: None. Absent: None. S3. Appointment - Dennis Reichardt - Civil Service Board - Mayor Valles Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the appointment of Dennis Reichardt to the Civil Service Board, as requested by Mayor Valles, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 37. Adjournment The meeting adjourned at 7:55 p.m. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 8:00 a.m., Monday, November 18, 2002, in the Council Chambers of City Hall, 300 North "D" Street; however, the Mayor and Common Council will adjourn until 1:30 p.m. at which time closed session matters will be discussed. The public portion of the meeting will begin at 3:00 p.m. RACHEL G. CLARK City Clerk Bv4~AA/~~~ Linda Sutherland Deputy City Clerk No. of Items: 40 No. of Hours: 4 19 11/04/2002