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HomeMy WebLinkAbout01-30-1989 Minutes . . . City of San Bernardino, California January 30, 1989 This is the time and place set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at the Regular Meeting held at 9:05 a.m., Tuesday, January 17, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held on Tuesday, January 17, 1989, at 9:05 a.m., and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said Notice which was posted at 8:00 a.m., Wednesday, January 18, 1989, in the Council Chamber of City Hall, 300 North "0" Street, San Bernardino, California. The Adjourned Regular Council of the City of San Mayor wilcox at 9:15 a.m. Council Chambers of City Bernardino, California. Meeting of the Mayor and Common Bernardino was called to order by Monday, January 30, 1989, in the Hall, 300 North "0" Street, San INVOCATION The Invocation was given by Phil Assistant to the Council. Arvizo, Executive PLEDGE The Pledge of Allegiance Maudsley. was led by Council Member ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam; Deputy City Attorney Empeno, City Clerk Clerk, Acting City Administrator Robbins. Absent: Council Member Miller. PUBLIC COMMENTS Susan Lorraine Hartmann expressed concerns and alcoholic women. about battered (A) GENERAL PLAN MINUTES City Clerk Shauna Clark introduced stenographer Betty Cummings, a temporary employee in the City Clerk's Office, who will be using a stenotype machine to take minutes and prepare an action summary after each General Plan Meeting. The City Clerk explained that due to elections, minutes will be behind, and the purpose of the action summary is to immediately communicate the results of the meetings to the affected departments. - 1 - 1/30/89 r . PERSONNEL ACTIONS Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the Personnel Actions, submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, be approved. (1) BLACK HISTORY PARADE - REQUEST FOR FINANCIAL ASSISTANCE - USE OF CITY FORCES In a memorandum dated January 26, 1989, James Robbins, Acting City Administrator, stated that the Ways and Means Committee had recommended approval of $7,500 financial assistance to the San Bernardino Black History Parade, to be provided from the Development Fee Fund, 1988. The Committee also recommended the waiver of City fees. (S-l) Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the request for financial support in the amount of $7,500, use of City forces and the waiver of City fees in connection with the 1989 Black History Parade, be approved. . REVIEW OF AND FINAL ACTION ON THE FUNDAMENTAL LAND USE ISSUE POLICY STATEMENTS DOCUMENT OF THE GENERAL PLAN REVISION PROGRAM - CONTINUED FROM JANUARY 3, 1989 This is the time and place continued to for review and final action on the Fundamental Land Use Issue Policy Statements Document of the General Plan Revision Program. (2 ) Planning Director Brad Kilger read his memorandum dated January 26, 1989, in which he explained that the Fundamental Land Use Issue Policy Statements document was adopted on January 3, 1989, except for six items which were returned to the Citizens Advisory Committee (CAC) and Planning Commission for additional input, as follows: 2. How much development should be accommodated? (The draft contained "blanks" where certain percentage and acreage figures were not available.) 10. How should the Mt. Vernon Avenue and Baseline Street commercial corridors be more effectively used to improve their economic viability and benefit the community? 11. How should "E" Street north of downtown (Eighth to Baseline) be revitalized? 21. What should be the functional role of the Norton Air Force Base area? . 25. What should be the functional role of the Mt. Vernon Avenue commercial corridor? - 2 - 1/30/89 ,- . 29: What should be the functional role of the "E" Street corridor between Eighth Street and Baseline Street? (This item is linked to Item No. 11) The Planning Director explained that the Planning Commission had finished meeting the Saturday prior to this meeting so their comments on the document will be given orally by Planning staff. The Planning Director referred to a letter dated January 11, 1989, from Gill Snyder, President of the San Bernardino Area Chamber of Commerce. In the letter, Mr. Snyder stated the Chamber had assembled comments on the issues in the Fundamental Land Use Issue Policy Statements, which were attached. He also commended the CAC for the great amount of work it had completed in the allotted time. In a document dated January 11, 1989, the Chamber of Commerce submitted eighteen pages of suggested revisions to the Fundamental Land Use Issue Policy Statement. Also included in the packet from the Chamber of Commerce was a letter dated January 17, 1989, from the San Bernardino Valley Board of Realtors. . The Planning Director explained that the Fundamental Land Use Issues are the building blocks upon which the General Plan is prepared and that in order to get on with the General Plan, the Fundamental Land Use Issues must be resolved now. The Planning Director answered questions regarding the establishment of a Redevelopment Project Area along the Mt. Vernon corridor and spoke regarding deadlines that have to be met. The General Plan becomes final May 31, 1989; four amendments per year can be permitted, and changes in Redevelopment projects can be looked at as long as nothing significant is changed at this time. Deputy City Attorney Henry Empeno answered questions. The Planning Director explained that the six remaining Fundamental Land Use Issues items were continued to this time, that the Chamber had expressed concern on certain areas on the entire Fundamental Land Use Issues Statement, and staff had attempted to look at their concerns and bring them before the CAC and the Planning Commission. But this had been difficult due to time constraints. Today, staff is prepared to address the six items and receive public input on them. Those six items have been reviewed by the Planning Commission and the CAC. . The Planning Director agreed to consider the Chamber's concerns on the six items. - 3 - 1/30/89 . Item #2 - How much development should be accommodated? Vince Bautista, Principal Planner, presented Item No. 2 which asks the question: "How much development should be accommodated?", and explained that this was not adopted as part of the original packet because there were some blanks that needed to be filled, specifically, a minimum of housing units by 2010, including a mix of x% of single family to multiple family. Principal Planner Bautista stated that the preliminary figures show a mix of single to multi-family of approximately 50/50. The number of local serving commercial acres to support residential growth is 100 acres. The balance of the figures is still waiting final deliberations. The Planning staff answered questions regarding the 50/50 mix of single and multi-family housing. . Woodie Tescher, Consultant with Envicom Corporation, reported that the numbers of housing units are determined by the land use maps which are still being considered by the Planning Commission and the CAC. The preliminary calculations show an approximate net increase of 13,000 single family units. The net increase in multi-family units is also 13,000. The numbers would yield a population of an additional 64,500 within the plan capacity. Mr. Tescher pointed out that this is a shift from the Interim Policy Document which showed 60% single family incremental gain and 40% incremental multi-family. The major difference was caused from re-examination of the area south of Highland Avenue which was originally designated residential suburban. Looking at the area, it was found that the character of the area south of Highland is duplex, triplex, apartment, etc. The Planning Director explained the process of determining how many units the General Plan needs to accommodate and answered questions regarding the SCAG report which sets forth housing projects for San Bernardino. Mr. Tescher also addressed the SCAG projections and stated with this shift, he is comfortable with the SCAG projections. Principal Planner Bautista stated that staff had asked SCAG for a revision in its housing target of 10,000 dwelling units for San Bernardino and they were turned down. For clarification, Woodie Tescher stated that the SCAG target was 40,000 units and San Bernardino will still be short of that. . - 4 - 1/30/89 . Planning Director Kilger explained that the SCAG projections were not the driving force in making these housing mix increases. Housing numbers will be in the Housing Element supported by the General Plan. Arlene Dinges of J. F. Davison; home address, 5208 Mayfield Court, stated she worked on the Chamber of Commerce General Plan Task Force and explained their comment on Item No. 2 which had to do with substituting the word "target" for "minimum" the eight times it appears in the document as the market characteristics and economic strength will dictate how much of each type of development will occur at various times. Ms. Dinges stated that she had discussed this with staff and the CAC and reached an agreement that if the question in No. 1 were re-worded to read: "How much development potential should be accommodated on the land use map?", they would agree to the use of the word "minimum" in the body. Mr. Tescher explained the necessity of using the word "minimum". The Mayor and percentages. Counc i 1 discussed the housing mix . Council Member Estrada made a motion, seconded Member Flores, that Item 2 on the Fundamental Land Policy Statement be rewritten to read as follows: potential development should be accommodated?" "minimum" remains within the body of the document replaced with the word "target". by Council Use Issue "How much (The word and is not The Members Council motion carried by the following Estrada, Reilly, Flores, Minor, Member Maudsley. Absent: Council vote: Ayes: Pope-Ludlam. Member Miller. Council Noes: The Council continued their discussion on the 50/50 housing mix and Woodie Tescher answered their questions. Mr. Tescher expla ined increase but when you take the numbers come out to 70% that the 50/50 the total number single family to is of 30% for the net existing units mUlti-family. Planning Director Kilger spoke regarding individual property owner requests to convert their designations from residential suburban to higher density. He also explained how design standards will be imposed on development. . Item #10 - How should the Mount Vernon and Baseline commercial corridors be more effectively used to improve their economic viability and benefit the community? - 5 - 1/30/89 . . . Principal Planner Bautista presented Item No. 10 regarding the Mt. Vernon and Baseline corridors. He stated that the CAC reviewed and endorsed the staff recommendation for medium density residential uses along Mt. Vernon Avenue (from Eighth Street to Baseline Street) with commercial uses in nodes at major intersections. Principal Planner Bautista answered questions and stated that this does differ from the residential uses in the Northwest Redevelopment Plan because it calls for a designation BP Business Park for light industrial incubator type businesses with supporting ancillary uses. It was pointed out that Item which reads: "What should be the Vernon commercial corridor?" 10 goes along with functional role of Item 25, the Mt. Deputy City Attorney Henry Empeno stated that the General Plan is an overriding document to a redevelopment plan and answered questions regarding the effects of opening up a redevelopment plan. The Council discussed project area plans. the amendment of redevelopment Courtney Buse, a member of Commerce Task Force, 3808 Osbun Chamber's response to Item 25g "multi-family residential of medium should be emphasized in the area north the CAC and the Chamber of Road, spoke regarding the which recommended adding density" as a use that of Baseline Street. Mr. Buse also spoke regarding the economic history of San Bernardino's westside, stating that after the freeway was built, the need for commercial on the Westside had declined. After creating commercial nodes, it was found that there were great expanses along Highland, Baseline and Mt. Vernon that needed another designation. The CAC selected residential as the alternative. Mr. Buse gave examples uses on the westside, alternative, and recommended of mitigating problems cause of economic decline of commercial recommended residential as an development standards as a method by residential development. Members of the Council addressed Mr. Buse's comments. Courtney Buse spoke regarding the rebuilding of the 27th Street off-ramp, which was done for the purpose of enhancing commercial development on the Westside, but did not prove to be successful. It was pointed out that although Mt. Vernon used to be a major street through town, the freeway was build, diverting - 6 - 1/30/89 . . . traffic away from that area. Subsequent freeways have also diverted traffic away from San Bernardino, so it is incumbent upon the City to become self-reliant in furnishing business to the Mt. Vernon area, as well as other areas of the City. The Mayor and Council discussed commercial and multi-family designations throughout the City. It was pointed out that multi-family designations are not popular in the City. Concern was expressed regarding a serious financial problem with the Northwest Project Area that might be negatively impacted by changes in the General Plan. Planning Director Kilger commercial and multi-family corridor area. He stated recommended in the Northwest reviewed by the Redevelopment answered questions regarding the designations in the Mt. Vernon there are other changes being Project Area. These have been Agency. Gary Wagoner, Development Specialist, Redevelopment Agency, stated there had been some conflict in previous opinions, but the latest written opinion by outside Counsel, Mark Huebsch, of Stradling, Yocca, Carlson and Rauth, advised that the proposed changes will require an amendment to the Redevelopment Project Area Plan, but it will not open the plan to physical review. He added that there would be amendments to all the plans to conform with the General Plan. Deputy City Attorney Henry Empeno stated this matter had previously been discussed in Closed Session and cautioned the Council against further discussion in open session. He explained methods by which amendments to these agreements can be made, stating that amendments of agreements in conformity with this new General Plan could be done by the Council. In terms of the documents relating to the taxing authorities, he advised those matters be discussed in Closed Session. Planning Director Kilger answered questions regarding the commercial corridor. Discussion of the issue now does allow a review before hearings in April and May. However, staff does have to prepare a draft land use map and needs some designation on which to do the initial analysis, with the understanding that they will need to continue to research this matter. From a procedural standpoint, staff needs some direction today. Mayor wilcox asked how staff's recommendation differed from the decisions that were made when the Interim Policy Document (IPD) was adopted. Principal Planner Bautista answered questions, stating that in the IPD, the Mt. Vernon corridor from Baseline to Highland Avenue was designated MU mixed use. It had three components: (1) Commercial/Office; (2) Commercial/General, and (3) Light Industrial. - 7 - 1/30/89 . Ken Henderson, Director of Community Development, stated he believed the Mayor was referring to the current Redevelopment Project Area Plan which provides for multi-family, 18-23 units, along Mt. Vernon. He stated that even though there has been much negative discussion regarding multi-family, not everyone can afford to own a home in San Bernardino. Even though multi-family is not wanted throughout the City, it is necessary to provide mixed housing needed to serve the citizens. RECESS MEETING At 11: 00 a.m., and Common Council the Adjourned Regular Meeting of the Mayor recessed for a ten minute break. RECONVENE MEETING At 11:10 a.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. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor; Deputy City Attorney Empeno, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Estrada, Pope-Ludlam, Miller. . Mayor Wilcox suggested that staff be directed to come back in the afternoon with language that encompasses Items 10 should the Mt. Vernon and Baseline commercial corridors be effectively used to improve their economic viability benefit the community?" and Item #25 "What should be functional role of the Mt. Vernon commercial corridor?" I1How more and the Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that staff be directed to come back this afternoon with appropriate language that encompasses Items #10 and #25, and that said items be continued to the afternoon session. (See page 17) Item #11 "How should "E" Street north of downtown (Eighth to Baseline) be revitalized?" - Item #29 "What should be the functional role of the "E" Street corridor between Eighth Street and Baseline Street?" Principal Planner Bautista suggested that Items #11 and #29 be considered together. He stated that the CAC and the Planning Commission took action on this subject at a joint meeting and determined that new and used car lots should be permitted. The item was sent back to both groups for a recommendation on where new and used car lots should be located. The CAC and Planning Commission also made a recommendation on auto related uses. . - 8 - 1/30/89 . Mr. Bautista indicated on the map the recommendations by the CAC and Planning Commission. Areas permitting new and used car lots were identified in blue, and indicated essentially no new or used car lots on Mt. Vernon with the exception of the area west of the I-215 Freeway, and no used car lots on or north of Highland Ave. These are CG Commercial General designations. A determination was also made that there would be no new or used car lots south of Rialto Avenue, with the exception of the Auto Center. Principal Planner Bautista answered questions, stating that the CAC and the Planning Commission recommended that there be no new new and used car lots permitted on South "E" Street. It was anticipated they would eventually be allowed to relocate into the Auto Center or into those other areas where they would be permitted and become non-conforming uses. Mr. Bautista explained that the CG areas not permitting new and used car lots are shown in yellow. Mr. Bautista answered questions regarding the suggestion of discontinuing the auto designations on "E" Street south of Orange Show Rd., stating that basically it was the desire to remove new and used car lots from entrances to the City. "E" Street falls into that general category. . A discussion ensued regarding the possible development of 60 acres across from the Orange Show for locating car lots. Mayor wilcox stated it dealers like to be on main visibility and traffic. was her understanding that auto thoroughfares to take advantage of Mr. Bautista answered questions regarding the recommendation that used car lots be located away from major arterials. He stated that much of the discussion centered around aesthetics of the lots. Planning Director Kilger answered questions, stating that the CAC and the Planning Commission did not agree unanimously in the discussions regarding car lots locations. The long term focus was one of aesthetics over economics. There was a lengthy discussion at the CAC meeting relative to whether or not some of those conditions could be mitigated through design standards. Mayor Wilcox stated she felt it was wrong to lose car dealers and the sales tax dollars to surrounding cities. CITY CLERK CLARK EXCUSED At 11:20 a.m., City Clerk and was replaced by Deputy City Clark left the Clerk Reese. Council Meeting . Mr. Courtney Buse, Member of the General Plan Committee, stated that the Chamber of Commerce Chamber's position is - 9 - 1/30/89 . . . set forth in their written presentation. He spoke the time constraints and felt that the issue needs and discussion. He referred to an attractive dealership on the southeast corner of Baseline and which could be a model for future car lots. regarding more time new car Del Rosa Deputy City Attorney Empeno spoke regarding Items 11 and 29 ("E" Street between Eighth and Baseline) and explained the requirements for a Conditional Use Permit (C.U.P.) as they relate to used car dealerships. Mr. Empeno also explained provisions for non-conforming uses. When there is a change of ownership for any type of business there is a requirement in Section 15.04.090 of the Municipal Code to apply for a new Certificate of Occupancy which requires that the business or structure be brought up to present code requirements. A discussion used car lots and lots. ensued regarding improving the aesthetics of the problem of where to locate additional car Arlene Dinges, representing the Chamber of Commerce, stated that the Chamber would like to go on record recommending that new and used car dealerships be permitted anywhere in the City in the CG Zone with the proper development code restrictions. The Chamber had concerns in separating the issue of new car dealerships from used car dealerships, as they play an integral role together and should be treated the same. Used cars often appear on new car lots. The Chamber didn't think it fair to require a new owner in an existing continuing business to meet code standards that are 10 or 23 years newer which would require increased landscaping or other improvements. A discussion ensued regarding the problem of locating additional car dealerships, as there doesn't seem to be any appropriate areas for the automobile lots. It was pointed out that if a business had been in a location for a number of years and there was a proposed change in ownership, it would be almost impossible to bring it up to present code. It would be likely that the property could not be sold and would remain vacant. Arlene Dinges stated that the Chamber does not disagree with making a used car dealership a conditional use. They disagree only with requiring the improvements in the processing procedures. She suggested that a program similar to the Main Street Project be considered, using Redevelopment Agency funds to provide aesthetic improvements in that corridor. Ms. Dinges answered questions, stating that the Chamber's position is that development rights are vested at the time of - 10 - 1/30/89 . building permit issuance. prior to the expiration improvements stand the test upgraded aesthetically or permit is applied for. If that construction was completed of the building permit, those of time and are not required to be otherwise, unless a new building A discussion ensued regarding the position of asking the tax payers to provide improvements for private enterprise, and what the responsibility should be for property owners to their neighbors for improving the neighborhoods. Courtney Buse, representing the Chamber of Commerce, stated that the Chamber had discussed two items of importance: (1) meeting new City standards; and (2) consideration of some City backed process by which an entire street could be upgraded with joint use of private-public tax base, which would meet the overall goal and would be more effective than being done on an individual basis. . Deputy City Attorney Empeno answered questions regarding a non-conforming use for an auto dealership on "E" Street. He stated that if an amendment were made to the zoning ordinance and this General Plan, making it a non-conforming use, that dealership could continue to exist. However, he is prohibited from expanding his business, and if there is a lapse in use of 180 days, then the non-conforming rights also terminate. In terms of requiring a C.U.P. for a change of ownership, there is a question as to whether there is legal authority for that as opposed to requiring a C.U.P. for new applications for used or new auto dealers. Mr. Empeno suggested that if the Council wished to designate certain areas where used and/or new car dealerships should be prohibited, the language in the first sentence of the bullet under 29a could be amended to require a C.U.P. for new and used car dealerships; the second sentence could be amended to read: "That the City should examine options and opportunities to discontinue new and used car dealerships in specified areas." He suggested various ways to implement this suggestion. Planning Director Kilger should concern what area in new/used car dealers in the concerns the existing land use. suggested that the first focus which to locate new car and community. The second issue Principal Planner Bautista answered questions, stating that if the new car dealers were separated from the used car dealers, there would probably be different maps. Mr. Bautista answered questions regarding the blue portions of the map south of Highland Avenue. He stated it was a . - II - 1/30/89 . recommendation from the Planning Commission and primarily centering around aesthetics and not wanting car dealers onto Highland Avenue. the CAC, to bring Arlene Dinges, representing Chamber of Commerce, answered questions regarding upgrading neighborhoods in the City, stating that they commend the City for its attempts to upgrade the older properties. However, they did question the legality and benefit to the business community of the mechanism being suggested, because of possible difficulty in selling their businesses. She stated the Chamber would support allowing new and used car dealers on a C.U.P. basis City-wide, which would allow the opportunity to apply any mitigation requirements on a site specific basis or to disapprove the C.U.P. It was pointed out that experts in the field advise that auto dealers be clustered to concentrate car buyers in the appropriate area and get the most out of the trade dollars. Deputy City Attorney Empeno explained non-conforming uses which is applicable industrial or residential type development. the doctrine of in commercial, . Planning Director Kilger explained San Bernardino County's non-conforming clause relating to the phasing out of non- conforming uses. Deputy City Attorney Empeno answered questions regarding a possible requirement to improve aesthetic conditions, such as landscaping, in existing used car lots on "E" Street. He stated that the City should look into various options and opportunities. One such option could be an assessment district. Planning Director Kilger offered suggestions regarding improving aesthetic quality in used car lots. He stated certain requirements could be written that wouldn't involve the Planning Department other than the front landscaping plan. There could be a requirement to improve lighting or structural improvements, and it would be a matter of a building permit. He suggested that those issues could be worked out with the City Attorney's Office. Mr. Kilger suggested that the Council focus on whether or not used car lots and new car lots should be considered together or separately. Mayor wilcox expressed the opinion that new and used car dealerships are different, as new car lots offer full service, while used car lots just have cars for sale. . Planning Director Kilger stated that staff didn't feel that the Auto Center will be able to accommodate all the car - 12 - 1/30/89 . lots coming into the City, and questioned what other areas in the City should be considered for these new businesses. A discussion ensued regarding considering new and used car dealerships separately. RECESS MEETING - LUNCHEON WORKSHOP At 12:07 p.m., Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the meeting be recessed to the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, Cali fornia. CONVENE LUNCHEON WORKSHOP At 12:35 p.m., the luncheon workshop was called to order by Mayor Pro Tempore Maudsley in the MIC Room, Sixth Floor, City Hall. ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor Pro Tempore Maudsley; Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam; Deputy City Attorney Empeno, Deputy City Clerk Reese, Acting City Administrator Robbins. Absent: Mayor Wilcox; Council Members Minor, Miller. . Items 11 and 29 - How should "E" Street north of downtown (8th to Baseline) be revitalized - and - What should be the functional role of the "E" Street corridor between 8th Street and Baseline Street? Planning Director Kilger explained that the reason new and used car lots are being discussed together is that when staff tried to address the used car lot issue, they realized that some of the same issues carried over to new car lots. He stated that an important issue for today is how to treat existing used car lots relative to upgrading their appearances. Scott Scheibe, Uptown Redevelopment Citizens Advisory Committee Member, and in the automobile business, stated he felt that the issues of appearance, location and functional compatibility of the car lots should be addressed. It was his opinion that when a facility was expanded, a new one built, or change of ownership, it should be brought up to standards. An ongoing business should be permitted to stay as is. Mr. Scheibe answered questions, stating that he felt that new and used car lots should be considered as one issue. He felt they should be allowed anywhere in the City in CG zones, possibly with a C.U.P. in order to regulate their structure and compatibility with adjoining land. . - 13 - 1/30/89 . Principal Planner Vince Bautista explained that there is only one new car dealer on the portion of E Street between Eighth and Baseline, but there are many used car dealerships _ some in good condition and some in terrible condition. He stated there was definitely a difference between new and used car lots, and this helped establish their criteria. Mr. Scheibe responded that the deterioration is because the car lots have been there for as long as twenty years, and there has not been enforcement of standards. A discussion ensued regarding the possibility of establishing an assessment district or some kind of incentives for people to improve the district. The benefit of clustering similar types of uses was also discussed. MAYOR WILCOX ARRIVED At 12:37 p.m., Mayor wilcox arrived at the luncheon workshop. Planning Director Kilger answered questions regarding related services as a whole. and Consultant Woodie Tescher related auto retail sales or . MAYOR WILCOX EXCUSED Mayor Wilcox left the luncheon workshop and Council Member Maudsley assumed the duties of Mayor Pro Tempore. Council Member Member Pope-Ludlam used car sales lots Reilly made a motion, seconded by and unanimously carried, to allow in the CG zones with a C.U.P. Council new and Planning Director Kilger stated that the CAC had done research in respect to used car lots. He stated that at the meeting of December 16, 1988, the requirement for a C.U.P. for a change of ownership was changed to require a Certificate of Occupancy. Principal Planner Bautista answered questions regarding the Development Review Committee requirements. Arlene Dinges, the Chamber is improvements after a could create a legal representing the Chamber of Commerce, stated concerned that acquiring development development has its vested rights in place problem. Ms. Dinges answered questions, stating that vested rights come into play with a building permit. She stated that apparently the City requires a Certificate of Occupancy for any change of ownership, but the UBC just requires one for change of use, or expansion of use. . Deputy City require a new Attorney Empeno stated that the UBC does not Certificate of Occupancy for a change of - 14 - 1/30/89 . ownership, but Section 15.04.090 of the San Bernardino Municipal Code requires a new Certificate of Occupancy if there is a change of occupancy, ownership, lessee, or the use as well, as other conditions that apply. Senior Planner Valerie Ross reviewed Council action at the meeting of December 16, 1988, regarding changes in ownership for commercial, industrial, and multi-family that would require the business, including car lots, to be brought up to Code. Ms. Ross stated that it was agreed that if it were physically impossible to bring it up to Code, then it should be addressed in the Development Code. Deputy City Attorney Empeno provided two alternate actions the Council could take on Item 11. (1) Eliminate the first bullet and keep the second; or (2) change "Conditional Use Permit" to "Certificate of Occupancy" on the first bullet, and the rest of the language could remain the same. Council Member Flores made a motion, seconded by Council Member Pope-Ludlam, to permit used car dealerships to continue; if there is a change of property or business ownership or the use is discontinued, a Certificate of Occupancy shall be required. . (No vote was taken at this time. See page 20 action) . for further ADJOURN LUNCHEON WORKSHOP At 1:26 p.m., Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the luncheon workshop be adjourned to 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 2:45 p.m., the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor Pro Tempore Maudsley; Council Members Flores, Maudsley, Minor, Pope-Ludlam; Deputy City Attorney Empeno, Deputy City Clerk Reese, Acting City Administrator Robbins. Absent: Mayor Wilcox; Council Members Estrada, Reilly, Miller. Item 11 - How should "E" Street north of downtown (8th Street to Baseline) be revitalized?" . Deputy during the by Council City Clerk Reese read the previous motion made luncheon workshop by Council Member Flores, seconded Member Pope-Ludlam as follows: "To permit used car - 15 - 1/30/89 . dealership to continue; if there is a change of property or business ownership or the use is discontinued, a Certificate of Occupancy shall be required." Council Member Minor stated he would be unable to vote on this since he was absent during the discussion. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, to reconsider the motion later in the afternoon due to lack of a quorum to vote. Council Member Minor made a motion, seconded Member Flores and unanimously carried, that said continued to later in the afternoon. (See page 21) by Council motion be Item 21 - What should be the functional role of the Norton Air Force Base area? . Principal Planner Bautista explained that this item dealt with the entire Norton Air Force Base area, and had been discussed by the CAC, Planning Commission and the Chamber of Commerce. Basically, the Chamber agreed with the Commission that it be put into the document. They did ask, however, to designate this area as a Specific Plan Area to be prepared by the City. The CAC and the Planning Commission stated that there are other jurisdictions involved and suggested that the Specific Plan area be prepared by the appropriate jurisdiction. With that wording, the CAC, Planning Commission and the Chamber concurred. Mr. Bautista answered questions regarding the possibility of this area becoming a RDA Area, stating an RDA Plan could be adopted jointly by the City, County and other jurisdictions, and suggested that would be an appropriate action. Council Member Flores as a Specific jurisdiction. Member Minor made a motion, seconded by Council and unanimously carried, to designate this area Plan area, to be prepared by the appropriate Richard Bennecke, Executive Assistant to the Mayor, stated that the majority of Norton Air Force Base lies within the City limits of San Bernardino and there are some areas that border the Cities of Highland, Redlands and possibly Loma Linda. He stated that there should be cooperation with the other entities, but the City should not allude to the fact that it might be giving up jurisdiction of that property. . Deputy City Attorney Empeno explained the CAC recommendation and stated that if there's any possibility that there might be other public entities that do have ownership of some of that property, he felt that the CAC's recommendation was appropriate. The City can deal with it when the Specific Plan area is defined and considered in specifics. - 16 - 1/30/89 . Woodie Tescher, consultant from Envicom Corporation, answered questions regarding Norton Air Force Property. He stated it would be appropriate to encompass within any specific plan a larger area that would probably include lands in the City of Highland as well as the County. Arlene Dinges, representing the Chamber of Commerce, introduced an addendum that was distributed to the Council at this meeting. The addendum contained one item regarding Item #17, "Overriding Issues: Should the City expand its sphere of influence and pursue annexation of unincorporated areas?" (See page 25 for discussion on this item.) Woodie Tescher, consultant from Envicom Corporation, expressed his appreciation for the input from the Chamber and spoke of the importance of the item on the addendum. He explained there are about 14 or 15 additional general plan elements, such as water, energy, conservation, housing, fire protection. All of these issues and those suggested by the Chamber are being addressed in those particular general plan elements. Woodie Tescher, consultant, answered questions regarding the term "water conservation", stating that State law calls the element conservation. There is a mandated conservation and open spaces elements of the general plan. . Planning Director Kilger emphasized the importance of meeting the deadlines. The focus is on the mandatory elements as specified by State law. Some elements are not mandatory. COUNCIL MEMBER MINOR EXCUSED Council Member Minor stated it was necessary for him to leave the meeting shortly, thus leaving less than a quorum. RECESS MEETING At 3:00 p.m., Council by Council Member Minor until a quorum is present. Member Flores made a motion, seconded and unanimously carried, to recess RECONVENE MEETING At 3:15 p.m. the Adjourned Regular Meeting reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor Pro Tempore Maudsley; Council Members Reilly, Flores, Maudsley, Pope-Ludlam; Deputy City Attorney Empeno, Deputy City Clerk Reese, Acting City Administrator Robbins. Absent: Mayor Wilcox; Council Members Estrada, Minor, Miller. . - 17 - 1/30/89 . . . Items 10 and 25 - Baseline and Mt. Vernon Corridors Woodie Tescher, consultant with Envicom Corporation, stated there are two issues dealing with the land use make-up along the Mt. Vernon Corridor: a discussion of the mix of residential and commercial; and what would be the impact of these amendments and other General Plan amendments on the Northwest Project Area. Staff had asked for a continuance to revise the language on Items 10 and 25 to make some recommendations that might meet the Council's concern. Mr. Tescher suggested changes in the language of the Fundamental Land Use Issue POlicy Statements document which are reflected in a motion by Council Member Reilly, seconded by Council Member Pope-Ludlam on page 18. Planning Director Kilger stated they would have to evaluate commercial vs. residential designation as it changes the emphasis from dictating commercial and multi-family locations to a primary focus of commercial, permitting multi-family under specific circumstances. Mr. Kilger answered questions. Mr. Tescher answered questions, stating there would be some economic analysis in terms of what was supportable in commercial development in the southwest area, west of the 215 Freeway, south of Highland Avenue. The current population is approximately 26,987. It is projected there will be another 14,000 people living in this area because of an increase in development being considered. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, to approve the recommended language change as recommended by Woodie Tescher as follows: Item 10, page 5. First Bullet: "Allow for Vernon Avenue medium density with prescribed the development of commercial uses along Mt. and Baseline, permitting the development of residential within these areas in accordance minimum lot size and design standards." Item 25, page 18. First Bullet, first dash: "Commercial uses along the corridor and activity nodes at key intersections." Item 25, page 18. First bullet, last dash: "Medium density housing in the commercial areas and in accordance with prescribed minimum lot and design standards." - 18 - 1/30/89 Item 25d; page 19. First bullet: . "Commercial centers along the Mt. Vernon and Baseline corridors with emphasis on the development at the intersections of Mt. Vernon Avenue and Baseline Street, Medical Center Drive and Baseline Street, Mt. Vernon Avenue and Mill Street, Mt. Vernon Avenue and Rialto Avenue (adjacent to the railroad yards) and other appropriate locations". Item 25d, page 19. Third bullet: "Medium density residential permitted in locations between the commercial centers, in prescribed minimum lot size and design standards." Item 28 - What should be the functional role of the Baseline Street area east of Interstate 215? Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, to approve the following amendmen ts: Item 28 - First bullet: "Allow development of commercial uses along Baseline Street east of Interstate 215 with emphasis on commercial centers and principal street intersections and allowing for the development of medium to medium - high density residential uses within these areas in accordance with . prescribed minimum lot area and design standards.: Item 28a - First bullet: "Community serving commercial uses along the Baseline Street corridor, including food sales, apparel and accessories, furniture and home furnishings, restaurants, book stores, cleaning establishments, beauty salons/hair styling, laundries, entertainment, theaters, and similar uses.1I Item 28a - Second residential on the prescribed minimum lot bullet: "Medium to medium-high density commercial areas in accordance with area and design standards." Items 11 and 29 (This workshop. item was previously discussed in the A motion was made, but not voted upon) luncheon Deputy City Attorney that this matter had been now be acted upon. Empeno answered questions, stating continued to the afternoon and could Deputy City Clerk Reese read the motion as follows: . "To permit used car dealerships to continue; if there is a change of property or business ownership or the use is - 19 - 1/30/89 . discontinued; a Certificate of Occupancy shall be required." (See vote below, page 20) Scott Scheibe, member of the Redevelopment Uptown Citizens Advisory Committee, stated he thought a Certificate of Occupancy should be required on a change of business only, not on a change of property ownership. He felt it should deal strictly with the use of the property or the business owner, and if that changes, the property should be brought up to code. Deputy City Attorney Empeno stated that Section 15.04.090 of the Municipal Code specifically requires a Certificate of Occupancy if there is a change of occupancy, ownership, lessee or the use. The language that is being proposed is in agreement with the present requirements of the Municipal Code. The previous motion by Council Member Flores, seconded by Council Member Pope-Ludlam, carried unanimously. Item 29a - Functional role of E Street corridor between 8th Street and Baseline - What uses should be emphasized? Woodie to amend actions. Tescher, General Plan Consultant, suggested language Items 29a to make it consistent with previous . Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, to amend Item 29a, first bullet to read as follows: "Existing to continue. a Certificate auto-related and commercial uses shall be On change of ownership or discontinuation of Occupancy shall be required." allowed of use, Item 29 - Functional role of "E" Street Corridor between Eighth Street and Baseline Street - Require that existing uses provide aesthetic improvements A discussion ensued regarding possible ways to improve the "E" Street corridor between Eighth Street and Baseline Street. It was suggested that the CAC could instigate some action, perhaps getting assistance from the Chamber's Cross Town Business District Committee. It was suggested that a development plan for the "E" Street area be considered which would encourage auto sales and related industries to locate there and create a trade center for automotive services as a general category. . It was also suggested that the CAC could initiate some type of plan and work with the Redevelopment Agency staff. - 20 - 1/30/89 . Scott suggested appointed Council. Scheibe, member of the Uptown Redevelopment CAC, that a subcommittee of the Uptown Committee could be at the CAC level to bring back recommendations to the Planning Director Kilger stated that there are many programs within the General Plan that will have to be established to implement the goals and policies, and may include this issue. He explained that the CAC is presently inundated with current responsibilities. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the City Clerk be directed to send a letter to the Uptown Redevelopment Citizens Advisory Committee requesting that a discussion be held regarding the provision of aesthetic improvements on the "E" Street corridor between 8th and Baseline Streets. Several suggestions were made concerning possible sources of assistance, such as the Chamber's Crosstown Business District Committee, or perhaps the establishment of a development plan for the area that would encourage auto sales and related industries to locate there. . Planning Director Kilger stated that the Chamber of Commerce had asked that the Council review their recommendations regarding amendments to the Fundamental Land Use Issue Policy Statements Document. Staff is prepared to respond to the more critical issues with the understanding that not all of them have been reviewed by the CAC and the Planning Commission. Item 15 - Where should Senior citizen housing facilities be developed in the City? - Item 41a _ What range of residential development density should be permitted? Courtney Buse, member of the Chamber of Commerce's General Plan Committee, read a recommendation from the Chamber. They suggested a second bullet be added to Item 15 to read as follows: "A bonus density increase of 50% (this has already been increased to la0%) should be allowed in the downtown area, and a bonus density increase of 100% should be allowed in all other areas where senior citizen housing is developed. (The present position is 50%) Mr. Buse explained that they were responding to demographics that indicate that the percentage of older citizens is increasing. They felt the encouragement of senior housing would be complimented by additional density bonus. He stated that senior housing tends to be smaller, with less required parking and different in character. . - 21 - 1/30/89 . Senior Planner Ross stated that the CAC and the Planning Commission recommended 50% density bonus City-wide except in the downtown area, in which they recommended 100% density bonus. Ms. Ross stated that the last bullet under Item 41a designates the senior citizen residential projects. This issue was discussed at the Council meeting of December 16, 1988, and direction was given to staff to come back with a recommendation from the CAC and the Planning Commission. The CAC and the Commission recommended 100% density bonus in the downtown area and up to 50% in other areas of the City. A discussion ensued regarding senior housing projects and the difference between housing and congregate care facilities. Ms. Ross stated that any senior project would have to meet all the codes. But there is a question as to whether there should be different standards for senior apartment projects vs. an apartment project; and should there be standards for congregate care kind of facilities. Those issues have not been defined. . Arlene Dinges, representing of the difference in senior recent trend is to organize facilities being separate kitchenette. the Chamber of Commerce, spoke citizen housing, in that the space differently with common from the private bedroom and A discussion ensued regarding size and types of senior citizen housing. COUNCIL MEMBER MINOR RETURNED At 3:52 p.m., Council Member Minor returned to the Council Meeting and took his place at the Council Table. Principal Planner Ross defined the downtown bounded on the north by Eighth Street, south by west by the freeway and east by Sierra Way. that the boundaries of this area were determined with the Main Street Project. area as being Rialto Avenue, She explained to coordinate Woodie Tescher, Consultant from Envicom answered questions regarding the recommendations Item 41a. Corporation, listed under Mr. Tescher suggested language that would provide the appropriate density bonus for senior citizens' housing. . Mr. Tescher answered questions regarding the downtown area, stating that in the General Plan when the downtown area is referred to, there will be a map that will indicate specifically where that area is. - 22 - 1/30/89 . . . Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, to amend the last bullet under Item 41a to read as follows: "Senior Citizen Residential Projects: - a maximum density of 50% greater than the density of the underlying residential zone, 36 units per acre in commercial office zones, and 72 units per acre " Item 16c - How much Development should be allowed in hillside areas? Courtney Buse, representing the Chamber of Commerce, presented a recommendation from the Chamber regarding revised slope categories and requested that the Council reconsider the issue of development in hillside areas. Woodie Tescher, consultant with Envicom Corporation, answered questions, stating that the CAC had considered this issue and agreed with the recommendation that is in the Fundamental Land Use Issue Policy Statements Document. Planning Director Kilger stated that this directed back to the CAC by the Council. The CAC Commission have reconfirmed the original action. item was not and Planning Council Member Pope-Ludlam made a Council Member Reilly, to reconsider development in hillside areas. motion, seconded by Item l6c regarding Council Member Reilly stated his second was just to provide an opportunity for discussion. The motion failed by the following vote: Ayes: Council Member Pope-Ludlam. Noes: Council Members Reilly, Flores, Maudsley, Minor. Absent: Council Members Estrada, Miller. Item 17 - Should the City expand its sphere of influence and pursue annexation of unincorporated areas? Courtney Buse, representing the Chamber presented a recommendation from the Chamber sphere of influence and further annexation of areas, and asked that the Council reconsider the of Commerce, regarding the unincorporated issue. Mr. Buse explained that he is also a member of the County's General Plan Task Force and explained the County's position on annexation. Mr. Buse introduced an Addendum to the Proposed Revisions of the Fundamental Land Use Issue Policy Statement by the San Bernardino Area Chamber of Commerce regarding the topic under consideration. - 23 - 1/30/89 . Council Member Reilly made a motion, seconded by Council Member Maudsley, to reconsider the question of whether the City should expand its sphere of influence and pursue annexation of unincorporated areas. Mr. Buse explained the County's recommendation, which differs only in that it creates an additional policy which has authority to implement the overall goal. The Council Council Flores, Miller. previous motion by Council Member Maudsley failed by Members Reilly, Maudsley. Minor, Pope-Ludlam. Absent: Member Reilly, seconded by the following vote: Ayes: Noes: Council Members Council Members Estrada, Item 16d. How should hillside development projects be reviewed by the City? Senior Planner Ross stated that the last time this came through and was approved, it required an Environmental Impact Report based on a recommendation by the Chamber of Commerce. This item was reviewed by the CAC and Planning Commission and staff concurred with the rewording for the bullet under 16d as follows: . "By Conditional Use Permit, requirements of a Specific documentation and public review greater." incorporating all Plan, Environmental for projects of 5 product Review lots or Ms. Ross explained that the EIR is not mandatory, based on five lots or greater. The project is still discretionary and is still subject to SEQA. It is through the environmental review process that the need for a EIR would be determined. She stated they had deleted the requirement for an EIR and substituted an environmental review. Woodie Tescher, consultant with Envicom Corporation, stated it was called environmental review document in accordance with the California Environmental Quality Act to make sure that the connection with CEQA was made. Ms. Ross requirements. answered questions regarding specific plan Planning Director Kilger explained environmental review procedures and what is required by State law. He stated that they are not asking that this matter be reconsidered today. It was just being discussed for information purposes. He explained that as the General Plan Document develops, modifications will occur, additional recommendations will be made, and issues evaluated. . - 24 - 1/30/89 . . . A discussion requirements. ensued regarding environmental review Woodie Tescher, consultant, answered questions, stating that State law has changed regarding specific plans, and no longer requires the addressing of each of the elements in the general plan. It now requires that there be a land use plan, an infrastructure plan, which includes sewer, water, storm drainage and electricity. He also stated that Specific Plan Codes are a part of the Development Code. ADJOURNMENT At 4:25 p.m., Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the meeting be adjourned to 9:00 a.m., Monday, February 6, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. jP{(LUAJ ~eoU/ Deputy City Clerk No. of Items: 4 No. of Hours: 7 - 25 - 1/30/89