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HomeMy WebLinkAbout03-28-1988 Minutes . City of San Bernardino, California March 28, 1988 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 Regular Meeting held at 9:00 a.m., Monday, March 21, 1988, 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 at 9:00 a.m., March 21, 1988, 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 1:00 p.m., Tuesday, March 22, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Reilly at 5:35 p.m., Monday, March 28, 1988, in the Sturges Auditorium, 780 N. "E" Street, San Bernardino, California. . ROLL CALL Roll Call was taken by Deputy City Clerk Lang with the following being present: Mayor Pro Tempore Reilly; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Lang, Deputy City Administrator Richardson. Absent: Mayor Wilcox; Council Member Estrada. PUBLIC COMMENTS There were no comments from the public. (A) RECESS MEETING - CLOSED SESSION At 5:40 p.m., Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the Common Council recess to Closed Session to consider personnel matters pursuant to Government Code Section 54957; and pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party as follows: (3 & 4) DeTinne vs. City of San Bernardino, Superior Court Case Nos. 214093 and 222068; . Saldecke, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 236836 - Continued from March 21, 1988; 1 3/28/88 . City of San Bernardino vs. California Construction Management, Inc., et al - San Bernardino Superior Court Case No. 238755 - Continued from March 21, 1988. CLOSED SESSION The Closed Session was called to order by Mayor wilcox in the Conference Room of the Sturges Auditorium. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman. Absent: Deputy City Clerk Lang, Deputy City Administrator Richardson. DEPUTY CITY CLERK LANG ARRIVED At 5:45 p.m., Deputy City Clerk Lang arrived at the Closed Session. ADJOURN CLOSED SESSION At 6:05 p.m., the Closed Adjourned Regular Meeting of the the City of San Bernardino. Session adjourned to the Mayor and Common Council of . RECONVENE MEETING At 6:11 p.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Sturges Auditorium, 780 North "E" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk Lang with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, ~linor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Lang, Deputy City Administrator Richardson. Absent: None. . WAIVER OF FEES - USE OF COUNCIL CHAMBERS - CONCERNED HOMEOWNERS ASSOCIATION FOR RESPONSIBLE GROWTH AND ENVIRONMENT - BARBARA SKY - CHRISTOPHER SALDECKE In a letter dated March 25, 1988, Barbara Sky and Christopher Saldecke, acting as representatives of C.H.A.R.G.E., Concerned Homeowners Association for Respon- sible Growth and Environment, requested an exemption from the payment of fees for use of the Council Chambers in City Hall, 300 North "0" Street, San Bernardino, California, on Wednesday, March 30, 1988, from 7:00 p.m. to 10:00 p.m. The Council Chambers are requested to be used for a meeting of C.H.A.R.G.E. (1) 2 3/28/88 . An alternative to waiving the fees for use of the cil Chambers was also suggested in the letter dated 25, 1988, from Barbara Sky and Christopher Saldecke. suggested that the City co-sponsor the meeting and Planning Department staff member attend the meeting. Coun- March They that a Council Member Minor made a motion, seconded by Council Member Mauds ley, that the exempt i on from the payment of fees by C.H.A.R.G.E. for use of the Council Chambers on March 30, 1988, be approved. (See substitute motion on Page 4 ) Barbara regarding the meeting. Sky of C.H.A.R.G.E. possibility of the requested information City co-sponsoring the James Penman, City Attorney, explained the City's position concerning co-sponsoring events. . Barbara Sky of C.H.A.R.G.E. stated that the proposed meeting in the Council Chambers is going to be a learning experience to prepare citizens to speak before the Mayor and Common Council concerning the General Plan revision. She offered to provide $1,@@0,000 of insurance for use of the Counc i 1 Chambers. She al so requested that a member of the Ci ty' s Planning Department staff be present at the meeting to explain the planning process. James Penman, City Attorney, answered questions, and read from Resolution No. 82-462, concerning waiving of fees. He stated that he would research the possibility of waiving the fees for the use of the Council Chambers by C.H.A.R.G.E. and provide information to the Mayor and Common Council on April 4, 1988. Discussion ensued regarding public input in the General Plan revision process. James Penman, Ci ty Attorney, suggested tha t C.H.A.R.G.E. could pay the fee of $78 per hour for use of the Council Chambers and that it could be refunded to them if it is determined that the fees can be legally waived. Barbara Sky of C.H.A.R.G.E. answered questions, stating that it is estimated that the meeting will last three hours. Council Member Minor of the Fifth Ward stated that if the City cannot waive the fees for use of the Council Chambers for the meeting, that he would pay the fees him- sel f. . 3 3/28/88 . Council Member Flores made a substitute motion, seconded by Council Member Miller, that the matter concern- i ng the wa i ver of fees for use of the Counc i 1 Chambers on March 30, 1988, from 7:00 p.m. to 10:00 p.m. by C.H.A.R.G.E., be continued to the Regular Meeting of the Mayor and Common Council to be held April 4, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, for a report back from the City Attorney. The motion carried by the following vote: Ayes: Coun- cil Members Estrada, Reilly, Flores, Pope-Ludlam, Miller. Noes: Council Members Maudsley, Minor. Absent: None. PUBLIC DISCUSSION - VERDEMONT VILLAS DEVELOPMENT PROJECT - CORNER OF KENDALL AND PALM This is the time and place set for public discussion of a development project known as Verdemont Villas, located on the corner of Kendall and Palm, in the Fifth Ward of the City of San Bernardino, which is within the boundaries of the current building moratorium. (2) . Lee Lynch, 6065 N. Olive Avenue, requested a descrip- tion of the Verdemont Villas development. The following area resident rose to answer Mr. Lynch's question. Kimberly Campbell, 2474 Cheryl Court, stated that she spoke to someone who identified himself as the contractor of the Verdemont Villas development while she was Shopping in the neighborhood 7-11 Store. He described the development to her as a high-income apartment set-up and showed her a layout of what they were planning to build. She described seeing security gates and a fire gate on Olive Street for the Fire Department. There were two-story apartments in the center of the project, and single story apartments on the outer perimeter. The contractor, whose name she could not remember, invited Mrs. Campbell to his trailer office on the following Thursday to see the plans of the development. When she went to the appointment, he was not available. . James Richardson, Deputy City Administrator/Develop- ment, answered questions, stating that the development is a 300-unit, multi-family apartment complex, originally intended for senior citizens on land zoned R-3. This pro- ject is included in Review of Plans 85-125, which was approved. Slabs have been poured for 36 units, but beyond that, no construction has yet taken place. He stated that there is pending litigation concerning further construction of this project. 4 3/28/88 . Dave Norris, an area resident for six years, stated his concerns regarding property values and housing tracts that were built in the area that went bankrupt. He feels that Verdemont is now becoming a viable area and views develop- ment of low-income apartment projects as a detriment to property values. He stated he believed the proposed development area would be some type of wildlife sanctuary. Albert Dddi, 2955 Irvington Avenue, superintendent for the contractor who built the 7-11 complex on Kendall and Pine, spoke regarding his experiences in building in the Verdemont area and described help provided to him by the City Building Inspectors. He described development problems experienced by contractors in the area concerning high winds and the costs of undergrounding of utilities. . He complained that inconsistent standards are placed on di fferent developers by the City. He quest i oned how the developer of the Verdemont Villas project could have lost his permits and is now building. He stated that he was told by City personnel that the property on the southeast corner of University and Kendall was zoned R-2 and would never be changed to commercial. He, therefore, did not purchase the property, and now has heard that another developer obtained a change of zone to commercial for that piece of property. Violet Hart, P. D. Box 6908, San Bernardino, expressed concern regarding the need for an increased selvage system, and additional schools, stating that students are bussed from the Verdemont area due to growth of the area. She feels that these concerns should be met before building is per~itted, not after the fact. Mayor Wilcox advised that the sewage treat~ent plant is presently being increased to more than double its current capacity and that the problem of odors from the plant is being addressed as part of the expansion. Carlos Rubio, 7063 Meyers Court, expressed concern regarding low-income housing in the area and its effect on increased crime. He stated that the traffic system in the area is already lacking for the amount of traffic. He re- quested that the City plan ahead and meet prospective needs before allowing development of an area. Geraldine Wong, 5794 Christopher Street, strongly opposed the building of low-income housing. She purchased her home less than eight months ago, and was told by the sellers that the property upon which the Verdemont project . 5 3/28/88 . is to be constructed was planned for a school and a park. She expressed concern fire protection in the Verdemont area. fire over station, the lack a of John Hogy, 3203 Irvington, described his experience of purchasing a townhouse in the north end of San Bernardino and its value did not appreciate due to multi-family dwell- ings in the surrounding area. He sold that property to buy in the Verdemont area, and does not want to have the same set of circumstances. He expressed concern regarding the 7-11 commercial building with a gas station less than 20 feet away. Roth Verdemont passed by Fountain, who is currently building a home in the area, stated that poor craftsmanship is being City Inspectors. Leo Flores, 6177 Robin drainage and flooding in the information regarding where a to be constructed by the City. Road, spoke regarding storm Verdemont area and requested storm drain project is going . He objected to low-income housing in the area, stating that there is plenty of other vacant land to be used. Ken Henderson, Director of Community Development, stated that he has been unable to determine that the Verde- mont Villa project is Section 8, low-income housing. The County, not the City, sponsors Section 8 housing. The County has informed him that it is not sponsoring any Section 8 housing in the City at this time. The program for funding this type of project is being cut back and has a waiting list within the corporate boundaries of the City. He further stated that the County has not accepted applications for Section 8, low-income housing in one and a half years. This project is not receiving any City financ- ing. When a project is financed conventionally, without City funding, the City has no way of determining if the project is for senior citizens. . He invited any member of the public to come to his office and review the housing study, which is entitled "San Bernardino City's Optimal Housing Product Mix Recent Trends, Future Expectations and Policy Considerations", and to meet wi th him concerning any questions they might have. He is currently working on a comprehensive housing policy for the City, which involves community input. He stated it is being held up by the General Plan revision. 6 3/28/88 . As a point of clarification, he stated that there is no scientific evidence to prove that low-income housing has anything to do with the crime rate of an area. Mr. vacancy nation's Henderson factor in average. stated the Ci ty that and there that is 4% is a 9% apartment considered the Mr. Henderson recommended that a comprehensive housing policy be finished before the Mayor and Common Council take further action regarding development. James Penman, City Attorney, stated that under the direction of the Mayor and Common Council, the City Attor- ney's Office undertook careful investigation of what had transpired with the renewal and extension of permits for the Verdemont Villas project. He explained that the City of San Bernardino is under a building moratorium imposed by the State Office of Planning and Research. Prior to the mora- tor i urn, the ~layor and Common Counc i 1 approved an urgency ordinance for a building moratorium and an investigation began concerning allegations regarding this project. . He stated that it was determined that a City official, who is no longer an employee of the City, had gone beyond his authority and executed permits for the project, calling them renewals. The permits were wrongly given new numbers and a fee was not charged for the renewals, as required by City ordinance. Mr. Penman information, the office to oppose the permits were upon. told the audience that based upon this Mayor and Common Council instructed his the development of the project in court, as received unlawfully and could not be relied Sharon Allen, 6058 Shepherd Dr i ve, sta ted she phoned Verdemont Villas and was told that the development was to be a senior citizens housing project, and that rent would be $490 per month. Joe Bryant, 1962 Indigo, spoke regarding the lack of fire protection and schools in the Verdemont area. He also expressed concern over low-income housing neighboring single family dwellings. Steve Butterworth, 6055 N. Olive, stated his concerns regarding increased traffic on Olive Street due to the pro- posed project and the safety of children in the area. . 7 3/28/88 . Verne Devore, 2945 W. Irvington, a member of C.H.A.R.G.E.. referred to Chapters 19.66.010 and 19.66.080 of the Municipal Code, regarding notification being made by the City to property owners within 500 feet of a proposed development. He stated that he was not notified regarding the development of Verdemont Villa. James Penman, City Attorney, stated that a large number of variances were approved by the former Council and that the present Council is very conservative in granting variances. The Municipal Code will be subordinate to the court's decision of whether or not the developers of Verde- mont Villa have a vested interest. Verne Devore, resident, further should stop the project. He expressed would not stop the development, as it the developers a settlement. stated that the City concern that the City does not want to pay . Starlett Johnson, 6222 Brenda Lane, stated that al though she purchased her home three months ago, she wi 11 sell and lose equity if the apartment project is allowed to go forward behind her. She referred to promises made to her by the contractor concerning the open field at Redwood and Pine. She was told it would be more houses and a park, and now she hears rumors it is going to be low-income housing. Randy Beas ley, 6204 Woodpi ne Avenue, expressed concern over the basic quality of life in the Verdemont area and the common goal of the residents to improve the area. He requested that there be better communication between the City and residents so that they can have input on decisions affecting their area. James Penman, City Attorney, advised that if the court issues an order that the developers have a vested interest, the most that can be done is for the City to file an appeal to the court. He told the audience that it would be helpful to them to follow the Planning Commission agenda to keep informed of building in their area. Tony Ichsan, 6222 Brenda Lane, stated his concerns regarding fire safety protection, sewage and a recent major traffic accident at University Parkway and College Avenue. Ron Sheets, area resident, spoke regarding traffic congestion and hazards in the Verdemont area. . 8 3/28/88 . Ken Henderson, Director of Community Development, made supplemental comments regarding public involvement in the General Plan revision process. He reiterated the importance of a comprehensive housing pOlicy. He stated that the 1986 Tax Reform Legislation makes it difficult for industrial, commercial and bond financing of housing projects. In 1987, there was one application for multi-family residential bond financing. Greg Sadick, an employee of the developer of Verdemont Villas, spoke, stating that the development is not Section 8 housing, it is not low cost housing, and it is not a senior citizen project. Chris Saldecke, 6464 Palm Avenue, spoke regarding rent subsidies being a way to get around calling a project low- income housing. He stated that Planning Commission meetings are not the only way to keep up with what is going on in the Verdemont area. He encouraged residents to watch the agendas of the Redevelopment Agency and the Environmental Review Committee. . He also expressed concern over the prospect of allowing further building without taking care of flood control, traffic, sewage, the bridge on Palm and additional schools first. Jay Shrine, 5985 Gregory, questioned the issuance date of the first building permit for Verdemont Villas. City Attorney Penman sta ted tha t he knew the renewal date to be June 10, 1987. He answered questions regarding why the project did not start earlier and explained the AVCO test that will be used by the courts to determine vested interest. The court will take into consideration the total project cost and the amount the developer has spent in good faith reliance on permits, etc. He also explained the use of judge to hear the cases concerning in the crowded court system. an experienced, retired the building moratorium Mayor individual auditorium one in the discussion Wilcox stated that the City Attorney and Council Members would be happy to remain at the to answer questions, and stated that unless any- audience had something new to offer, the public be ended. . 9 3/28/88 . REQUESTS FOR CLOSED SESSIONS - PERSONNEL MATTERS - PENDING LITIGATION Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the following requests for two closed sessions be continued to Tuesday, March 29,1988, at 5:00 p.m., in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino: (3 & 4) Pursuant to Government Code Sections 54957 to consider personnel matters and 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated for- mally and to which the City is a party as follows: DeTinne vs. City of San Bernardino, Superior Court Case Nos. 214093 and 222068; Saldecke, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 236836 - Continued from March 21, 1988; City of San Bernardino vs. California Construction Management, Inc., et al - San Bernardino Superior Court Case No. 238755 - Continued from March 21, 1988. . ADJOURNMENT At 8:30 p.m., the meeting adjourned to 5:00 p.m., Tues- day, March 29, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. /~. /J~ ' .... "//1) 6r v Deputy City Clerk . 10 3/28/88