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HomeMy WebLinkAbout04-26-1989 Minutes . . . City of San Bernardino, California April 26, 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 their Adjourned Regular Meeting held at 9:05 a.m., on Friday, April 2l, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the Order of Adjournment of said meeting held on Friday, April 21, 1989, and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said Order which was posted at 4:00 p.m., Friday, April 21, 1989, on the door of the place of which said meeting was held. The Adjourned Regular Council of the City of San Mayor Wilcox at 9:10 a.m., Council Chambers of City Bernardino. Meeting of the Mayor and Common Bernardino was called to order by Wednesday, April 26, 1989, in the Hall, 300 North "D" Street, San INVOCATION The Invocation was given by Council Member Pope-Ludlam. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Miller. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Estrada. STREET CLOSURE - SEVENTH AND VICTORIA STREETS - INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE CINCO DE MAYO FIESTA - LA PLAZA PARK - AUTHORIZATION TO UTILIZE CITY FORCES AND EQUIPMENT In a memorandum dated March 29, 1989, Annie Ramos, Director of Parks, Recreation & Community Services, stated that the Inland Empire Hispanic Chamber of Commerce had requested the use of La Plaza Park for their annual Cinco de Mayo Fiesta, and the closure of portions of Seventh and Victoria Streets directly adjacent to the park in order to expand the fiesta activities. (1) She further explained that the use of La Plaza Park for the fiesta requires that City forces set up City equipment for a cost 1 4/26/89 . of $ 7,613. The Inland Empire Hispanic Chamber of Commerce has also requested that the City waive these costs as it has in past years since the fiesta has been successful and beneficial in promoting Hispanic history and culture in the City. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that utilization of City crews and equipment and City police personnel for assisting the Inland Empire Hispanic Chamber of Commerce in their Cinco de Mayo Fiesta at La Plaza Park be authorized; that the expenses incurred by the use of City forces and equipment and Police Department personnel be waived; and that the closure of portions of Seventh Street on the north side of La Plaza Park and Victoria Street on the south side from 8:00 a.m., on May 4, 1989, to 8:00 a.m., on May 8, 1989, so that the streets may be used in conjunction with the fiesta, be approved. RESOLUTION OF THE CITY OF SAN BERNARDINO PROTESTING THE REMOVAL OF KVCR, SAN BERNARDINO'S LOCAL PBS CHANNEL, FROM THE CABLEVISION (UNITED ARTISTS) CHANNEL LINEUP. (2 ) Acting City Administrator Robbins explained that this issue has been resolved since the printing of the Council Meeting Agenda. KCVR, San Bernardino's Local PBS Channel is to remain on the channel line-up. . Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the resolution concerning San Bernardino's Local PBS Channel be tabled, as the matter has been resolved. GENERAL PLAN ADOPTION - INTRODUCTION GENERAL PLAN ADOPTION PROCESS This is the time and place set for General plan Adoption Process. TO THE an introduction to the (3a) Mayor Wilcox gave an overview of previous activities relating to the General Plan adoption process prior to this meeting and thanked all of the participants, including the Citizens' Advisory Committee and the Planning Commission. Brad Kilger, Planning Director, explained the process by which the General Plan Draft would be presented by staff to the Mayor and Common Council for their consideration and adoption. Vince Bautista, Senior Planner, presented the General plan adoption meeting schedule. He explained that at today's meeting the Mayor and Common Council will consider the General Plan Draft and the Draft Environmental Impact Report. . 2 4/26/89 . Planning Director Kilger presented an overview of the organization of the General Plan Draft text. He stated that there will be at least two more Planning Commission meetings for items that have to be referred back to that Commission, and that the Planning Commission will also have to take final action on the General Plan. Mayor proceedings procedure. Wilcox outlined how the General Plan adoption would be conducted and explained the public testimony PUBLIC COMMENTS Deputy City Attorney Empeno pointed out that for public comments concerning items not on the Agenda has not yet been given. the opportunity Council Meeting (A) There were no comments from the public. GENERAL PLAN ADOPTION - INTRODUCTION SECTION This is the time and place set for consideration Introduction Section of the General Plan Draft. of the (3b) Planning Director Kilger presented the strikeout/underline version of the Introduction Section of the General Plan Draft and emphasized clarification of language regarding the development of implementation programs. . He provided a two-page handout entitled "Overview of Plan Policy", which provides language developing an implementation program for the General Plan, which shall be adopted annually. He pointed out that the following seven items need to be reviewed annually; 1. Feasibility of the program; 2. Alternative programs; 3. The identification of priority programs; 4. Responsibility for implementation; 5. Timing/Schedule for implementation: 6. Costs of implementation; and 7. Revenue sources. Deputy City Attorney Empeno answered questions, stating that he had reviewed this language and recommended that it be placed in the General Plan. He recommended that the language be placed in the Introductory portion of the General plan, based on possible future arguments challenging some of the implementation programs. Planning Director Kilger presented Item F on Page 4 of the General Plan Draft, stating that it will supersede the Highland Area Plan, State College Area Plan and portions of the verdemont . 3 4/26/89 . Area Plan. He recommended that the standards in the Verdemont Area Plan be incorporated by reference and that the Highland Specific Plan and the Central City South Overlay District be incorporated by reference. He stated that the Planning Commission recommended that the Highland Hills Specific Plan be superceded, which would nullify it. He also explained that the Redevelopment Agency plans to amend their project areas to meet the General Plan, which means they will be superceded by the General Plan. Planning Director Kilger requested that Item F be continued to May 10, 1989, when the Land Use portion of the General Plan is scheduled for discussion. Council Member pope-Ludlam made a motion, seconded by Council Member Minor and unanimously carried, that Item F in the Introduction Section of the General Plan Draft be continued to May 10, 1989, when the Land Use portion of the General Plan will be reviewed. Planning Director Kilger requested that the Mayor and Common Council consider Item D on Page 3 of the General plan Draft, regarding the Implementation Program language. . Discussion ensued regarding the language staff to be included in the Introduction Section Plan Draft regarding Implementation Programs. recommended by of the General COUNCIL MEMBER ESTRADA ARRIVED At 9:45 a.m., Council Member Estrada arrived at the Council Meeting and took her place at the Council Table. Woodie Tescher, Consultant with Envicom, advised that the recommended language would provide the City with flexibility on an annual basis to mold the programs, based upon available resources, and would provide the ability for the City to prioritize the programs. Council Member Flores made a motion, seconded by Council Member Reilly, that the concept in the Introduction Section of the General Plan be approved, with the exception of Item F, which has been continued to May 10, 1989, as amended, subject to review of the entire General Plan Draft and Environmental Impact Report. The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. Abstain: Council Member Estrada. RECESS MEETING At 10:40 a.m., the meeting recessed for a ten-minute break. . 4 4/26/89 . . . RECONVENE MEETING At 10:50 a.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk Clark, Acting City Administrator Robbins. Absent: None. GENERAL PLAN ADOPTION - CHAPTER 3 - ENVIRONMENTAL RESOURCES This is the time and place set for consideration 3, Environmental Resources, of the General Plan. of Chapter (3c) woodie Tescher, Consultant with Envicom, stated that the chapter being considered today is Chapter 3, Environmental Resources, which is divided into the following sections: Section 10 Natural Resources, which has the following subsections: Biological Resources; Mineral Resources; Climate and Air Quality; and Section II, Energy and Water Conservation. Mr. Tescher explained the goals, objectives and policies of the various sections of this Chapter. presented information Resources, highlighting Commission and explained Valerie Ross, Principal Planner, regarding Subsection A, Biological recommendations made by the Planning clarifications in the text. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, to approve in concept Subsection A, Biological Resources, as recommended by the Planning Commission, subject to review of the entire General plan Draft and Environmental Impact Report. gave information regarding stating that the Planning changes to the text of the highlighted for clarification valerie Ross, Senior Planner, Subsection B, Mineral Resources, Commission did not recommend any document. She indicated policies and policies added and deleted. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. 5 4/26/89 . Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, to approve in concept Subsection B, Mineral Resources, as recommended by the Planning Commission, subject to review of the entire General Plan Draft and Environmental Impact Report. Senior Planner Ross presented Subsection C, Climate and Air Quality, and explained the recommendations of the Planning Commission with clarification of the goals, policies and objectives statements. Ms. Ross answered questions regarding Implementation Program 10.15, stating that the City is mandated by the State to include the calculations prior to approving a building permit and that the Building Code readily includes requirements and standards; therefore an ordinance is not required. Ms. Ross also answered questions regarding Air Quality, stating that the City is not specifically required to maintain technical data regarding air quality. She explained the proposed measures included in the General Plan to help clean up the air quality in the City. Planning Director Kilger coordinate with the County to regarding air quality. stated update that the technical Ci ty would information . Consul tant Tescher answered questions regarding the possibility of the City developing techniques to ~mprove air quali ty, stating that car-pooling and other means for emission control would be encouraged. A discussion ensued regarding the implementation programs and policies recommended to regulate the climate and air quality in the City, focusing on vehicular air emissions and residential development control. The Council and staff discussed the possibility of making mandatory statements regarding improving air quality and transportation for the City. Council Member Estrada made a motion, seconded by Member Miller and unanimously carried, to add Implementation Program, numbered Item 10.31, page 486, to follows: Council a new read as In cooperation with regional agencies, formulate and initiate a comprehensive program for the City of San Bernardino to improve public transportation systems and reduce vehicular air emissions. . 6 4/26/89 . Evelyn Alexander, 1480 East Verde, San Bernardino, spoke as an individual and as a member of the CAC. She expressed concern over the repetitive use of the word "consider" in the implementation programs and policies. She stated that the CAC recommended that the wording be changed to "study" or something other than "consider". COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. A discussion ensued regarding the clarification of terminology used in the implementation and policy statements. Council Member Miller made a motion, seconded by Council Member Estrada, to not adopt the strikeout/underlined revision as recommended by the Planning Commission on Item 10.24, page 485. The motion failed by the following vote: Ayes: Council Members Estrada, Minor, Miller. Noes: Council Members Reilly, Flores, Maudsley. Absent: Council Member Pope-Ludlam. Staff and language used in and 10. 31. Council further discussed clarification of Subsection C, specifically Items 10.24, 10.28, . COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. Planning Director Kilger explained the language in Item 10.31 concerning the establishment of a bicycle route in the City. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, to approve in concept, Subsection C, Climate and Air Quality, as recommended by the Planning Commission with the addition of Section 10.31 and with the insertion of SanBaa into Section 10.28, subject to review of the entire General Plan and Environmental Impact Report. RECESS MEETING At 12: 00 noon, Council Member Pope-Ludlam made a motion, seconded by Council Member Minor and unanimously carried, that the meeting be recessed until 1:30 p.m. . RECONVENE MEETING At 1:40 p.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. 7 4/26/89 . ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; Deputy City Attorney Empeno, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Pope-Ludlam. CHAPTER 3 - ENVIRONMENTAL RESOURCES - ENERGY AND WATER CONSERVATION Planning Director Kilger introduced Chapter 3, Environmental Resources, Subsection 11.0, Energy and Water Conservation, stating that the Planning Commission had not recommended any changes to the text. Senior Planner Valerie Ross presented the goals, objectives and policies with clarification in language, revisions, and general background information. City Clerk Clark answered questions regarding preventative measures established by the City through the Certificate of Occupancy process to force businesses to comply with standards and regulations governed by the Code Enforcement Department. Discussion ensued regarding penalties of disposal of toxic chemicals and sedimentation in water ways throughout the imposed for violations the degradation and City. . Bernie Kersey, Director, Administration & Finance, Water Department, stated that the State, under Proposition 65, controls all toxins, either surface or ground water sources, and that it can be used for citation purposes. He stated that EPA would stand in on large contaminated surfaces and would issue citations to the owners of the property. He stated that the City did not have an ordinance to impose penalties on violators. The Council discussed the City's position regarding the hazardous waste element at Norton Air Force Base. Consultant Tescher stated that there is a directive and policy for the preparation of a specific plan regarding Norton Air Force Base in the Land Use Policy Statements. It is a joint operation initiated and sponsored by the City which addresses different impacts, including all the land within the boundaries of the physical land of Norton Air Force Base. He stated that the policy provision clearly gives the City the latitude to negotiate in a pro-active way. Senior Planner Ross answered questions regarding Energy and Conservation, specifically a proposed new policy 11.3A, which . 8 4/26/89 . requires that existing multi-family, uses install energy efficient fixtures Certificate of Occupancy. commercial and industrial prior to the issuance of a Discussion ensued regarding the significant building modifications in buildings. Jim Richardson, Deputy City Administrator/Development, stated that the City could be held responsible for the energy conservation measures and recommended that there be a limitation on how far the City could go in requiring retrofitting and modifications. He stated that this measure would make it more difficult for owners to obtain a Certificate of Occupancy. expense existing in requiring multi-family Mr. Kersey, Director, Administration and Finance, Water Department, answered questions regarding rebates to property owners for water conservation improvements. He stated that such a rebate would depend upon the availability of State and Federal funds. He further stated that the only rebate would be in lower water and sewage bills. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, to amend Section 11.3A to read as follows: . "The City shall evaluate the means and establish an appropriate program by which energy-efficient fixtures and energy-saving design elements can be installed in existing multi-family residential, commercial and industrial uses. Consultant Tescher suggested amending policies 1.1.2 and establishing a new policy to correspond with the revision of Section 11.3A. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried to revise Policy ll.1.2 and add 11.1.2a to read as follows: 11.1.2 Require the incorporation of water and energy conservation features in the design of all new construction and site development as per state law. 11.1.2a Encourage the incorporation of water and energy conservation features in existing multi-family residential, commercial and industrial developments as per State law. Senior Planner Valerie Ross answered questions regarding Policy 11.1.6 relative to incorporating solar energy systems. . 9 4/26/89 . Deputy City Attorney Empeno commented that the provl.sl.on stipulated under the proposed policy is a concept currently used in other cities. He stated that the implementation program proposal appeared too broad and should be discussed with the Development Code for review. Discussion ensued regarding Policies 11.1.5 and 11.1.6 to requirements for developing design energy efficiency. revising the language in specifically identify the techniques for the purpose of Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, to revise policies 11.1.5 and 11.1.6 to read as follows: 11.1.5 Require the use of passive design concepts in accordance with State law which make use of the natural climate to increase energy efficiency. 11.1.6 Require through the development review process that new development consider the ability of adjacent properties to utilize energy conservation design. . Consultant Tescher introduced a new policy relative to the Environmental Impact Report. He stated that there had been some comments from the State regarding reclaimed water and it was suggested that a policy statement be included in the General Plan under the Water and Conservation Section. Mr. Kersey suggested changes in policy language based on the current existence of a program for the use of reclaimed water. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, to add Implementation Program 11.19 and Policy Number 11.1.l4a to read as follows: 11.19 Continue to work with the San Bernardino Municipal Water Department to expand the program for the use of reclaimed water for landscape irrigation and other non-contact uses. 11.1. l4a landscape industrial Encourage use of reclaimed water irrigation and other non-contact uses projects, golf courses, and freeways. for for Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, to approve in concept Section 11.0, Energy and Water Conservation, as recommended by the Planning Commission with the recommendations of amendments previously passed; subject to review of the entire General Plan Draft and Environmental Impact Report. . 10 4/26/89 . . . ADJOURNMENT At 3:25 p.m., Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the meeting be adjourned to 9:00 a.m., Monday, May 1, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ~~4~~/ /' City Clerk No. of Items: 3 No. of Hours: 5 1/2 11 4/26/89