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HomeMy WebLinkAbout03-01-2004 MinutesMINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MARCH 1, 2004 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Valles at 3:08 p.m., Monday March 1, 2004, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, McGinnis, Derry, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members/Commissioners Longville, Suarez. Moment of Silence Mayor/Chairman Valles extended condolences to the family and requested a moment of silence be observed in remembrance of Kelly Resendez. a longtime resident of the City. Inaugural Ceremony The invocation was given by Deacon John Barna of Our Lady of the Assumption Church, followed by the pledge of allegiance, led by Brandon and Dylan Kelley, sons of Councilman -elect Kelley, and Julian Johnson, son of Councilman -elect Johnson. Councilman Joe Suarez was not present; however, Mayor Valles expressed her appreciation for his dedicated service to the Fifth Ward and the City during his tenure. The Mayor honored Councilwoman Betty Anderson for her outstanding record of public service in the Sixth Ward of the City of San Bernardino followed by presentations to Councilwoman Anderson from Senior Councilwoman Esther Estrada and former Councilman Norris Gregory. A swearing -in ceremony was held for Councilman Gordon McGinnis, Councilman Chas Kelley, Councilman Rikke Johnson, Councilwoman Wendy McCammack, City Attorney James Penman, City Clerk Rachel Clark and City Treasurer David Kennedy, followed by a reception. 03/01/2004 Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: None. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Alice Thomas & Allean Wilson v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 098359; People v. John Fountain - San Bernardino Superior Court Case No. SCVSS 102357; People v. Macedonia Missionary Baptist Church, et al. - San Bernardino Superior Court Case No. SCVSS 102885; Charles Swain v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 69794. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Neighbors of San Manuel Tribe v. City C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City v. San Manuel Band of Serrano Mission Indians D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: 2 03/01/2004 1. Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino City Professional Fire Fighters' Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional cases would be discussed in closed session: Cassandra Dailey v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 034774. Under Agenda Item 1B, Significant Exposure to Litigation: California Regional Water Quality Control Board, Santa Ana Region v. City of San Bernardino; and Agenda Item Nos. 16 and 27. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission. 2. Appointments There were no commission appointments. 3. Presentations There were no presentations. 4. Announcements Announcements were made by members of the Common Council and elected officials regarding various civic and community events and activities. 3 03/01/2004 Wi G 7 Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council/Community Development Commission, be waived. The motion carried by the following vote Estrada, Longville, McGinnis, Derry, None. Absent: None. Council Minutes Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the minutes of the following meeting of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: February 2, 2004. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Claims & Payroll Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated February 17, 2004, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Estrada, Longville, McGinnis, Derry, None. Absent: None. 8. Personnel Actions Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the personnel actions as submitted by the Chief Examiner dated February 25, 2004, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. 4 03/01/2004 The motion carried by the following vote Estrada, Longville, McGinnis, Derry, None. Absent: None. Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: 9. RES. 2004-60 - Resolution of the City of San Bernardino malting application to the Local Agency Formation Commission of the County of San Bernardino for the annexation of 4180 N. "E" Street, generally located at the southwest corner of 48' Street and "E" Street. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-60 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. Authorize Change Order No. Three to contract with Holland -Lowe Construction, Inc. - Tippecanoe Avenue and Laurelwood Drive widening (Phase II) - Plan No. 10373A Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the Director of Development Services be authorized to execute Change Order No. Three in the amount of $9,960.51 to contract with Holland -Lowe Construction, Inc. for Tippecanoe Avenue and Laurelwood Drive widening (Phase II) per Plan No. 10373A. The motion carried by the following vote: Estrada, Longville, McGinnis, Derry, None. Absent: None. Ayes: Council Members/Commissioners Kelle} , Johnson, McCammack. Nays: 11. Reject all bids and solicit new bids - design/build of Americans with Disabilities Act (ADA) restroom improvements at five fire stations Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council authorize the Purchasing Manager to reject all bids received for RFQ F-04-040 Design/Build of ADA Restroom Improvements at five fire stations, and authorize the Purchasing Manager to solicit new bids. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 5 03/01/2004 12. Amendment to proposed Parks, Recreation and Community Services Department Reorganization Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council increase the salary range for Athletic Field Maintenance Specialist from salary Range 2401 ($3280-$3987) to salary Range 2407 ($3380-$4108); increase the salary range for Park Project Supervisor from salary Range 2425 ($3697-$4494) to salary Range 2431 ($3809-$4630); and that the Human Resources Department be directed to update salary Resolution No. 2003-271. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2004-61 - Resolution of the City of San Bernardino to provide a Retirement Enhancement Program to eligible employees through membership in the Public Agency Retirement System (PARS) Trust. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-61 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. RES. 2004-62 - Resolution of the City of San Bernardino authorizing the Purchasing Manager of the City of San Bernardino to award a purchase order to Skylogix for purchase and installation of athletic field lighting controllers. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-62 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. ORD. MC-1166 - An ordinance of the City of San Bernardino amending Municipal Chapter 8.81 to include Section 8.81.045 establishing a requirement that alarm businesses notify the Police Department of each alarm installation and that allows the City of San Bernardino to invoice alarm businesses for installation and monitoring service transfer fees. FINAL READING (Continued from February 17, 2004) 6 03/01/2004 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that said ordinance be adopted. Ordinance No. MC-1166 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. RES. 2004-63 - Resolution of the City of San Bernardino approving the destruction of certain obsolete records by the San Bernardino Police Department. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-63 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. 17. RES. 2004-64 - A Resolution authorizing an increase to an annual purchase order, with two (2) single year renewal options, to Tee of California for the purchase of specific equipment parts and supplies for the Public Services Refuse Fleet utilized by the Public Services Department Fleet Division. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-64 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2004-65 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Nixon -Egli Equipment Company for adapting an existing dump truck to a P-B Uni-body Asphalt Patch Truck. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-65 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7 03/O1/2004 19. RES. 2004-66 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting the 2004 Comprehensive Economic Development Strategy (CEDS). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted with the caveat that Council Members can submit any additional comments to Dr. Hansen for inclusion in the CEDS, and that the final submission be cleared by the Mayor. The motion carried and Resolution No. 2004-66 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2004-67 - Resolution of the Mayor and Common Council of the City of San Bernardino supporting a statewide ballot initiative to require voter approval before state government may take local tax funds. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2004-67 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. Public hearing - authorize execution of a sales and purchase agreement - City property located at the southwest corner of 7" Street and Harris Street RES. 2004-59 - Resolution of the City of San Bernardino directing and authorizing the execution of a sales and purchase agreement and the execution of a grant deed for the sale of City -owned property generally located at the southwest corner of 7' Street and Harris Street in the City of San Bernardino. Mayor/Chairman Valles opened the hearing. City Attorney Penman abstained on this matter due to the fact that his son lives across the street from the subject property. He left the Council Chambers and returned after the vote was taken. Valerie Ross, City Planner, presented highlights of the staff report. Pursuant to Resolution No. 2000-279, Deputy City Clerk Medina administered an oath to the following individual that he would provide true and honest testimony: Kenneth Owens, owner of property located next to the subject property, stated that he wanted to buy the property so he could build one house on each lot. 8 03/01/2004 Council Member/Commissioner Estrada asked Mr. Owens if he was planning on putting a duplex on the lot. Mr. Owens answered that he did not plan on putting a duplex on the lot. He stated that the City would not allow it because the lot was not large enough. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2004-59 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an agreement with Watson & Associates for grading of Campus Parkway between Kendall Drive and Northpark Boulevard. (Continued from February 17, 2004) Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/ Commission meeting of April 5, 2004. The motion carried by the following vote: Estrada, Longville, McGinnis, Derry, None. Absent: None. Ayes: Council Members/Commissioners Kelle) , Johnson, McCammack. Nays: 23. RES. 2004-68 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to submit an application to accept the FY 03/04 Incentive Block Grant. (Continued trom February 17, 2004) Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2004-68 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. RES. 2004-69 - Resolution of the Mayor and Common Council of the City of San Bernardino providing for the appointment of a Mayor Pro Tempore on a rotation basis and rescinding Resolution No. 2003-81. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. 9 03/01/2004 Resolution No. 2004-69 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. Review and take action regarding the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire pursuant to Government Code Section 8630 (c)(1) W 27 Note: No backup material was distributed. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council confirm the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire. The motion carried by the following vote: Estrada, Longville, McGinnis, Derry, None. Absent: None. Legislative Task Force Update Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: Council Member/Commissioner Longville indicated that she had nothing to report. Ordinances amending Chapter 8.80 of the San Bernardino Municipal Code pertaining to the protection and regulation of the City's storm drainage system ORD. MC-1167 - Urgency Ordinance amending Chapter 8.80 of the San Bernardino Municipal Code pertaining to the protection and regulation of the City's storm water drainage system and declaring the urgency thereof. URGENCY (27A) An Ordinance amending Chapter 8.80 of the San Bernardino Municipal Code pertaining to the protection and regulation of the City's storm water drainage system. FIRST READING (27B) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said urgency ordinance be adopted and that said ordinance be laid over for final adoption. The motion carried and Ordinance No. MC-1167 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Derry, Kelley. 10 03/01/2004 28. Public hearing - Development Code Amendment No. 03-04 - to allow an electronic message center sign for auto dealerships subject to a conditional use permit and Conditional Use Permit No. 03-03 to construct an electronic message center sign at the Center Auto Plaza - located a 1388 South "E" Street (Continued from February 17, 2004) An Ordinance of the City of San Bernardino modifying Chapter 19.22 (Sign Regulations) of the San Bernardino Municipal Code (Development Code) related to electronic sign requirements for auto dealerships. FIRST READING The hearing remained open. Valerie Ross, City Planner, stated that the Legislative Review Committee (LRC) held a special meeting to discuss this item and obtain input. She stated that regarding dealerships, the LRC recommended that the reference to two or more be deleted and that any/all single new vehicle dealers be allowed to participate. Regarding the concern of the brightness of signage, she stated that the LRC directed staff to include language that requires automatic dimming devices. Regarding signage schematics, Ms. Ross stated that the LRC recommended that photo simulations be required as part of the Conditional Use Permit application; and regarding sign abatement, the LRC recommended that a portion of the increase in sales tax generated by vehicle dealers installing new electronic message center signs in San Bernardino be dedicated to the abatement of illegal signage. Ms. Ross stated that staff's recommendation was that the ordinance be adopted based on the Findings of Fact in the original staff report, and that the Conditional Use Permit be approved, based upon the Findings of Fact and Conditions of Approval. Council Member/Commissioner Longville stated that she understood that the recommendation that a portion of the increase in sales tax generated by vehicle dealers installing new electronic message center signs be dedicated to the abatement of illegal signage was deferred, but that they would have an opportunity during the next budget negotiation to discuss the issue and hopefully include it. She stated that it seemed prudent for the City to step up its efforts to deal with abatement of obsolete, illegal signage in the area and indicated that she would be bringing this back to her colleagues. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Derry, that the hearing be closed; that the ordinance be laid over for final adoption; and that Conditional Use Permit No. 03-03 be approved based upon the Findings of Fact and subject to the Conditions of Approval contained in the Planning Commission staff report dated December 16, 2003. (The vote was taken following further discussion.) 11 03/01/2004 Council Member/Commissioner Estrada stated that she would have to abstain on this matter because she has received campaign contributions from one of the parties involved. She left the Council Chambers and returned after the vote was taken. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Paul Brown, Quiel Bros. Signs, 282 South "I` Street, San Bernardino, CA, stated that other cities were benefiting from electronic message center signs. City Attorney Penman stated that because the issue of whether or not to "grandfather" existing dealerships remained unresolved, Table 022.01, "Sign Regulations by Land Use Category" was prepared and submitted into the record in order to provide the Council with an option. lie stated that the added bullet read: "The sign must advertise two or more vehicle dealerships if one of the vehicle dealerships was not lawfully operating within the Freeway Corridor Overlay District on March 1, 2004." Council Member/Commissioner McCammack stated that that particular bullet to "grandfather" addressed some of the concerns as to who should or should not be able to put up this kind of signage in order to prevent proliferation. She asked if Ms. Longville would make an amendment to her motion to include the bullet as read by Mr. Penman in order to give every car dealership an equal opportunity to compete. Council Member/Commissioner Derry stated that he did not understand the necessity of the added language unless they were going to have a whole group of new auto dealerships moving into the Freeway Corridor. Council Member/Commissioner McCammack stated that after Caltrans completes its work on the I-215 Freeway, a lot of property will open up along the freeway that will allow more auto dealers to come into the City. Mayor/Chairman Valles stated that she understood that each application would be taken on a "case -by -case" basis, and that it was up to the Council to decide how many signs the City would have. Council Member/Commissioner McCammack stated that if they did not adopt the revised Table 022.01 with the proposed additional bullet, then anyone would have the opportunity to apply for an electronic sign, and they would have to give a reason why they didn't want that sign at another dealership. 12 03/01/2004 Mr. Penman stated that the dealership would have to apply for a conditional use permit. He stated that the issue was whether or not other existing dealerships should be "grandfathered" in or not and the added language would "grandfather" them in. Henry Empeno, Senior Deputy City Attorney, stated that the additional bullet pertained to new auto dealerships that did not exist today that would come in the future wanting to apply for an electronic message board sign. He stated that unlike the existing car dealerships, they could not apply by themselves for a freeway sign, but would have to apply jointly with another car dealership —either a newly created one or an existing one. Council Member/Commissioner Longville stated that she did not think that was the intent in changing from the fact that it had to be two or more to the fact that it could be a "sole" new car dealer. She questioned why a new dealership in the City that sold new cars would not be allowed to do it as a single entity under what was recommended in the language. Ms. Longville stated that the Council's recommendation was to eliminate the requirement that it must be two or more --that it could be an existing single, new -car dealership or a brand new, new -car dealership. Mr. Empeno stated that the language was proposed because of the desire to control and limit the number of electronic message board signs in the future. Council Member/Commissioner Longville stated that the new language that was added stated that one or more vehicle sales establishments would qualify, but now the City Attorney's Office was saying that new dealers would have to be two or more as opposed to the existing ones that could he "sole" dealerships. Mr. Empeno stated that other than the auto dealerships that presently exist in the Freeway Corridor Overlay District, any additional auto dealerships in the future would have to join with another auto dealership for that electronic message board sign. Council Member/Commissioner Longville stated that she did not see why that was necessary if they were going to review the applications on a case -by -case basis. If they had a huge, brand new, new car dealership that wanted to come in and when they looked at it on a discretionary basis they decided that an electronic message board would not be overly blighting or too close to another one, they would approve it. She questioned whether they couldn't just qualify as a single, sole car dealership without the "grandfather" clause. Mr. Empeno stated that under the current proposal from the Development Services Department, a new car dealership created in the future in the Freeway Corridor Overlay District could apply for that freeway sign by themselves. He stated that if 13 03/01/2004 the Council wished to control the proliferation of electronic signs along that Corridor, they could include the additional limitation as policy. Council Member/Commissioner Longville stated that she did not want to add the amendment to her motion and that she would rather have the discretion that a new car dealership could apply on their own, fail if they fail, and if the Council thinks there are too many signs, then they might want to come back and join with somebody else and maybe they would have a better chance of being approved. Council Member/Commissioner McCammack asked where in the staff report did it refer to "new" dealerships. Council Member/Commissioner Longville stated that in Chapter 19.22, "Sign Regulations," on page III-22 of the Development Code, the definition of Vehicle Dealership is "One or more vehicle sales establishments (with ancillary used cars and recreational vehicle sales)," and that it previously stated that it had to be two or more. Council Member/Commissioner McCammack stated that her concern was that they were unfairly treating the existing car dealerships along the freeway by omitting the word "new" in that particular part of the ordinance. Mayor/Chairman Valles stated that it was not a "new" dealership, it was a dealership that sells "new" cars. Council Member/Commissioner Kelley asked if the ordinance contained language that would not allow Crest Chevrolet to have an electronic message board sign if they wanted to apply for one. Ms. Ross stated that under the current Development Code, electronic or changeable copy signs are allowed only for auto dealerships located within the auto plaza itself on the west side of the freeway and they are also permitted for stadiums, arenas and theaters. She stated that if a car dealership was not within the auto center, it would not qualify. Ms. Ross stated that what they brought forward was an amendment to the Development Code to allow electronic message center signs for vehicle dealers of new vehicles to be able to submit a Conditional Use Permit to get an electronic message center sign concurrently with the amendment to the Development Code and they were bringing forward a Conditional Use Permit that was a specific request from Center Chevrolet to install an electronic message center sign for Center Chevrolet and Center Mazda on South "E" street, both of which are new car sales. Council Member/Commissioner McCammack stated that that meant they were changing their policies for one company and she did not believe it was fair or legal. 14 03/01/2004 Council Member/Commissioner Longville stated that they were not changing policy for one company. She stated that Crest Chevrolet on Highland Avenue is not in the auto plaza center, but if that dealership chose and could qualify under the freeway requirements by Caltrans, they also would be eligible to have an electronic message sign just like Center Chevrolet. She stated that this would apply to all the City's existing sole vehicle dealerships as well as for any future vehicle dealerships, whether they were a sole dealership or in partnership with others, and each and every applicant would have to apply for a CUP that would be reviewed on a case -by - case basis. City Attorney Penman explained the possible legalities of approving the signs on a case -by -case basis. He felt that it would be safer to "grandfather" in the existing dealerships, but that it was not required. The motion carried by the following vote: Ayes: Council Members/Commissioners Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent: None. 29. Public Comments Tom Ramsey, San Bernardino Public Employees Association, 433 N. Sierra Way, San Bernardino, CA, appeared on behalf of the Public Services employees regarding the rumor that the department was going to be sold. He stated that 80 percent of the employees expressed no confidence in the City's Public Services Department management and administration citing reasons of unfair treatment of employees by management; a major lack of communication between management, administration and employees; the perceived total lack of knowledge on the part of some City administrators about the day-to-day operations of the Department and the problems the employees encounter in trying to do their jobs; and the lack of equipment and other resources. Mr. Ramsey stated that another concern was that City trucks were being refused at some landfills that required the operators to then travel further to dump their loads. Parrish Highley, 26127 Edgemont Drive, Highland, CA, presented ideas on how to mitigate the effects of the San Manuel Casino in the City of San Bernardino. Students from Arroyo Valley High School, 1881 W. Base Line Street, San Bernardino, CA, stated that they felt Esther Estrada was the best candidate for Fifth District Supervisor. John Stevens, 4097 Pershing Avenue, San Bernardino, CA, stated that he wanted to have a memorial service on March 20, 2004, the one-year anniversary of the war in Iraq, to honor the men and women who have lost their lives. 15 03/01/2004 Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, submitted documentation and spoke regarding the temporary storage of nuclear waste in Utah's west desert area. S 1. Conflict of Interest Advisement Huston Carlyle, Senior Assistant City Attorney, pointed out some of the more recent significant developments in the Conflict of Interest area. 30. Adjournment At 9:13 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, March 15, 2004, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 31 No. of Hours: 4 RACHEL G. CLARK City Clerk BY Linda Sutherland Deputy City Clerk 16 03/01/2004