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HomeMy WebLinkAbout01-25-1999 Minutes .- MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JANUARY 25, 1999 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 Valles at 8:10 a.m., Monday, January 25, 1999, 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 Valles; Council Members Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Estrada. Vacant: Third Ward. City Attorney Penman announced that the following additional case would be discussed in closed session: Stubblefield Construction Companv vs. City of San Bernardino - Fourth District Court of Appeals Case No. E020341 (San Bernardino Superior Court Case No. SCV 252058). RECESS MEETING - CLOSED SESSION (1) At 8:10 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation pursuant to Government Code Section 54956.9(a): Kenneth J. Henderson. et al. YS. Economic Development Agencv of the Citv of San Bernardino. et al. - Fourth Appellate District Court of Appeals Case No. E02l852 (San Bernardino Superior Court Case No. SCV 16489); Citv of San Bernardino YS. Shining Star Marketing. Inc. - San Bernardino Superior Court Case No. SBCI44297; I 1/25/1999 Thomas Williams. et al. vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 33078; Brian S. Deam vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 41377. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957. Public Employee Appointment Appointment: City Engineer 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 real property negotiator pursuant to Government Code Section 54956.8. CLOSED SESSION At 8: 10 a. m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Estrada. Vacant: Third Ward. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorney Murad, Administrative Operations Supervisor Edna Anderson, City Attorney's Office. 2 1/25/1999 READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Council and Community Development Commission while the Mayor and Council and Community Development Commission were in closed session. COUNCIL MEMBER ESTRADA ARRIVED At 8:15 a.m., Council Member Estrada arrived at the closed session. DEPUTY CITY ATTORNEY MURAD EXCUSED At 8:27 a.m., Deputy City Attorney Murad left the closed session. ADJOURN CLOSED SESSION At 9:00 a.m., the closed session adjourned 10 the Council Chambers of City Hall. RECONVENE MEETING At 9:04 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Vacant: Third Ward. INVOCATION The invocation was given by Reverend Barnabas Laubach of St. Bernardine's Medical Center. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Anderson. APPOINTMENT - BOARD OF FIRE COMMISSIONERS - COUNCIL MEMBER ANDERSON (2) Mayor Valles submitted a staff report dated January 19, 1999, recommending the appointment of Sylvia Arias to the Board of Fire Commissioners, as requested by Council Member Anderson. 3 1/25/1999 Council Member Devlin made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointment of Sylvia Arias to the Board of Fire Commissioners, as requested by Council Member Anderson, be approved. SERVICE PIN AWARDS (3) Teri Rubi, Executive Assistant to the Mayor, read the names of the following employees who received a service pin award in recognition of their many years of dedicated service to the City: Name Marilyn Dixon Bonnie Landa James Prater Stephanie Battle Brian Johnson Michael Potts Kiyomi Sayano David Green Mansie Booker Department Administrator's Office Animal Control Fire Police Police Police Police Public Services Telecommunications Years of Service 20-year pin IS-year pin lO-year pin lO-year pin S-year pin 20-year pin 5-year pin 10-year pin lO-year pin Each employee received a service pin presented by Mayor Valles. PRESENTATION/RECOGNITION - CARL GERBER (3) Teri Rubi, Executive Assistant to the Mayor, read a resolution commending Carl Gerber, a local San Bernardino resident, for his contributions in fighting blight throughout the city. PROCLAMATION FEBRUARY 1999 HEART SMART CITIES MONTH (3) Teri Rubi, Executive Assistant to the Mayor, read a resolution proclaiming the month of February 1999 as "Heart Smart Cities Momh" in the city of San Bernardino. John Kramer, Recreation Superintendent, explained that the Heart Smart Program is a collaborative effort involving the City, the State, and Lorna Linda University Medical Center to educate people about heart disease; and Michael Jackson, Vice President, Lorna Linda University Medical Center, presented Mayor Valles with a check in the amount of $15,000, to be matched by another $15,000 from the State of California, for the Heart Smart Program. 4 1/25/1999 PRESENTATION/RECOGNITION - BONNIE JOHNSON (3) Council Member Anderson presented a plaque to Bonnie Johnson, owner of Greenwood Bail Bonds, recognizing her as an outstanding leader in San Bernardino and commending her for her contributions to educational projects, her example of corporate and social responsibility, and her efforts to improve the quality of life in San Bernardino. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin stated that he had attended the Chamber of Commerce Officer Installation Dinner and congratulated the Chamber of Commerce staff for an outstanding event. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson commented on the success of the Sixth Ward's cleanup day held on Saturday, January 23; and announced that spring sign-ups for Blake Little League would start on Saturday, January 30. ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4) Council Member Miller announced that a cleanup day for the Seventh Ward would be held on Saturday, January 30, at Marshall School. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz announced that staff is currently reviewing the proposals submitted for the formation of the 40th Street Redevelopment Project Area. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien stated that the council members are currently making their recommendations for capital improvements in their respective wards and encouraged constituents in the Second Ward to contact her regarding particular capital improvements important to the Ward. She also mentioned the importance of storm drains on Base Line Street. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada itemized some of the projects the Redevelopment Committee is considering for the next couple of years including I) a new Mt. Vernon bridge, 2) expansion of Anita's Tortillas at Fourth Street and Mt. Vernon Avenue, 3) a 5 1/25/1999 new high school, 4) a new company called Yellow Freight coming into the Santa Fe yards, and 5) work along the 215 Freeway. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles extended condolences and sympathy to the family of Carl Magee, Little League Baseball Western Regional Director, who passed away on Sunday, and requested a moment of silence in his honor. She continued with the following announcements: I. Interviews with the Council Members are being televised to update the public on the various activities in their respective wards; 2. The official opening of Orange Show Road on February 4; 3. Public Services new program for the disposal of home-generated sharps; and 4. The debut on Sunday, January 31, of a new community information publication, which will be published quarterly in the San Bernardino County Sun. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark reminded Third Ward residents to be sure and vote in the special election to be held February 2; and announced that there would be early voting on Saturday, January 30, at Fire Station No. 10 located at Mill Street and Arrowhead Avenue. PUBLIC COMMENTS - JAY LINDBERG (5) Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke in support of random drug testing of police officers and requested further investigation into the death of his father-in-law. PUBLIC COMMENTS - ELVIRA GALLARDO (5) Elvira Gallardo, 1350 Holly Avenue, Colton, CA, expressed anger and stated that there would be justice in San Bernardino, one way or another. PUBLIC COMMENTS - GORDON MC GINNIS (5) Gordon McGinnis, 2528 York Court, San Bernardino, CA, a candidate in the Third Ward council race, encouraged Third Ward residents to vote in the upcoming election. 6 1/25/1999 WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Anderson made a motion. seconded by Council Member Schnetz, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council/Community Development Commission, be waived. CLAIMS & PAYROLL (7) Council Member Anderson made a motion. seconded by Council Member Schnetz, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated January 14, 1999, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (8) Council Member Anderson made a motion. seconded by Council Member Schnetz, and unanimously carried, that the personnel actions as submitted by the Chief Examiner, dated January 19, 1999, 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. RES. 1999-14 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RECOMMENDING THAT THE INLAND VALLEY DEVELOPMENT AGENCY SUBMIT AN APPLICATION TO THE CALIFORNIA TRADE AND COMMERCE AGENCY FOR THE LOCAL AGENCY MILITARY BASE RECOVERY AREA DESIGNATION AT THE FORMER NORTON AIR FORCE BASE, SAN BERNARDINO, CALIFORNIA, AND DESIGNATING THE INLAND VALLEY DEVELOPMENT AGENCY AS THE LEAD AGENCY FOR SUCH PURPOSES. (9) ORD. MC-I040 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO RENEWING A GRANT TO STUBBLEFIELD CONSTRUCTION DBA MOUNTAIN SHADOWS CABLE TV SYSTEM OF A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE CITY OF SAN BERNARDINO. Final (10) 7 1/25/1999 Council Member Anderson made a motion. seconded by Council Member Schnetz, that said resolution and ordinance be adopted. Resolution No. 1999-14 and Ordinance No. MC-l040 were adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. Vacant: Third Ward. RECEIVE & FILE - 1997-1998 AUDIT REPORT - WATER DEPARTMENT (11) Stacey Aldstadt, Deputy General Manager, Water Department, submitted a memorandum dated December 28, 1998, regarding the 1997-1998 Audit Report for Water Department Water and Sewer Utilities. Council Member Anderson made a motion. seconded by Council Member Schnetz, that the 1997-1998 Audit Report of the Water Department be received and filed. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Anderson, Miller. Nays: None. Abstain: Council Member Devlin. Absent: None. Vacant: Third Ward. COUNCIL MEMBER ESTRADA EXCUSED At 9:52 a.m., Council Member Estrada left the Council meeting. APPROVE DIVISION REORGANIZATION CODE COMPLIANCE (12) Edward Raya, Director of Human Resources, submitted a staff report dated January 19, 1999, regarding the reorganization of the Code Compliance Division. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the position of Weed Abatement Coordinator be upgraded from Range 1332, $2,325-$2,826, to Range 1360, $2,673-$3,250; that the position of Typist Clerk II, Range 1255, $1,584-$1,925, be reclassified to an Administrative Operations Technician, Range 1285, $1,839-$2,236; that the vacant position of Typist Clerk III, Range 1275, $1,750-$2,127, be deleted; that the position of Administrative Operations Supervisor L Range 2352, $2,569-$3,123, be added; that two (2) vacant positions of Housing Inspector, Range 1362, $2,700-$3,282, be reclassified to Code Compliance Officer II, Range 1362, $2,700-$3,282; and that the Human Resources Department be directed to update Resolution 6413 to reflect these particular actions. 8 1/25/1999 COUNCIL MEMBER ESTRADA RETURNED At 9:53 a.m., Council Member Estrada returned to the Council meeting and took her place at the Council table. APPROVE - RECLASSIFICATION - TWO POSITIONS - FIRE DEPARTMENT (13) Edward Raya, Director of Human Resources, submitted a staff report dated January 19, 1999, regarding the reclassification of the Senior Secretary and Fire Prevention Officer positions within the Fire Department. Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that one (1) Senior Secretary, Range 1315, $2,136- $2,596/month be reclassified to one (1) Senior Secretary (U), Range 3351, $2,556- $3,107/month (effective February 1, 1999); that one (I) Fire Prevention Officer, Range 1362, $2,700-$3 ,282/month be reclassified to one (1) Senior Fire Prevention Officer, Range 2421, $3,624-$4,405/month (effective February 1, 1999); and that the Human Resources Department be directed to update Resolution 6413, Section 10, and Resolution 97-352 to reflect these particular actions. AUTHORIZE - ADVERTISEMENT FOR BIDS.,- INSTALL TRAFFIC SIGNAL - 28TH STREET & WATERMAN AVENUE (14) Michael Hays, Director of Development Services, submitted a staff report dated January 14, 1999, regarding authorization to advertise for bids for the installation of a traffic signal at the intersection of 28th Street and Waterman Avenue. Mr. Hays provided an overview of the project and the costs associated with same. Council Member Lien stated that she was opposed to taking money from other capital improvement projects to fund this project. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council authorize the Director of Development Services to advertise for bids for installation of traffic signals at 28th Street and Waterman Avenue. AUTHORIZE - ADVERTISEMENT REPLACEMENT/ CURB CUTS THROUGHOUT CITY - PLAN NO. 9923 FOR BIDS - SIDEWALK V ARIOUS LOCATIONS (15) 9 1/25/1999 Michael Hays, Director of Development Services, submitted a staff report dated January 13, 1999, regarding authorization to advertise for bids for sidewalk replacement/curb cuts throughout the city. Mr. Hays explained that these projects would be funded by Community Development Block Grant (CDBG) monies and are in addition to regularly scheduled work performed by the Public Services Department. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council approve specifications and authorize the Director of Development Services to advertise for bids for sidewalk replacement/curb cuts per Plan No. 9923. AUTHORIZE - ADVERTISEMENT FOR BIDS - SEWER LINE - EDGEMONT DRIVE, FROM "I" STREET TO PALM AVENUE - PLAN NO. 9913 (16) Michael Hays, Director of Development Services, submitted a staff report dated January 13, 1999, regarding authorization to advertise for bids for a sewer line to be constructed in Edgemont Drive, from "I" Street to Palm Avenue. Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council approve specifications and Plan No. 9913 and authorize the Director of Development Services to advertise for bids for the construction of a sewer line in Edgemont Drive from "I" Street to Palm Avenue. AUTHORIZE - ADVERTISEMENT FOR BIDS - MILL STREET REHABILITATION - MERIDIAN AVENUE TO MACY STREET - PLAN NO. 9922 (17) Michael Hays, Director of Development Services, submitted a staff report dated January 13, 1999, regarding authorization to advertise for bids for the rehabilitation of Mill Street from Meridian A venue to Macy Street. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council approve the specifications and Plan No. 9922 and authorize the Director of Development Services to advertise for bids for the rehabilitation of Mill Street from Meridian A venue to Macy Street. 10 1/25/1999 RES. 1999-15 - RESOLUTION TO AUTHORIZE EXECUTION OF AN INDEMNITY AGREEMENT WITH THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PERFORM AUTOMATED RECORDS CHECKS THROUGH THE CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM (CLETS). (Discussed later in the meeting - page 12) (18) Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, expressed opposition to the adoption of said resolution, stating that CLETS information is not to be used for employment licensing or certification purposes-that it is not a dependable source of information for this purpose. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-15 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. Vacant: Third Ward. RES. 1999-16 - RESOLUTION OF THE CITY OF SAN BERNARDINO WAIVING ITS RIGHT TO ITS ENTIRE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG) AWARD AND CONTRIBUTING ITS JAIBG FUNDING TO A REGIONAL CRIME ENFORCEMENT COALITION (RJCEC). (19) Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, wanted to know the amount of the grant and questioned the authority for transferring the funds to another use. Lee Dean, Chief of Police, stated that when the application was made for the grant it was intended to be used for this purpose. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-16 was adopted by the following vote: Members Estrada, Lien, Schnetz, Devlin, Anderson. Miller. Nays: None. Vacant: Third Ward. Ayes: Council None. Absent: 11 1/25/1999 RES. 1999-17 - RESOLUTION TO AUTHORIZE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO'S WIDE AREA NETWORK FOR A T-l CONNECTION. (20) Lieutenant Mike Kinsman of the San Bernardino Detective Bureau answered questions regarding the block grant funding used for this purpose, stating that they fully expect another funding cycle to be approved. Council Member Devlin made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 1999-17 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. Vacant: Third Ward. RES. 1999-15 - RESOLUTION TO AUTHORIZE EXECUTION OF AN INDEMNITY AGREEMENT WITH THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PERFORM AUTOMATED RECORDS CHECKS THROUGH THE CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM (CLETS). (Discussed earlier in the meeting - page 11) (18) City Attorney Penman announced that Mr. Lindberg had indicated that school districts could not use the CLETS system, and he wanted to share briefly Section 35021.1 of the Education Code which states, "A school district or county office of education may request that a local law enforcement agency conduct an automated records check on a prospective non-teaching volunteer aide in order to ascertain whether the prospective non-teaching volunteer aide has been convicted of any sex offense as defined in Section 44010. He stated that this was an exception to what Mr. Lindberg was talking about, and that's what this agreement covers. RECESS MEETING At 10:12 a.m., Mayor Valles recessed the Council meeting to 11:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 11 :07 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. 12 1/25/1999 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; Deputy City Attorney Empeno, City Clerk Clark, Director of Development Services Hays. Absent: None. Vacant: Third Ward. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 98-05 - DEVELOPMENT CODE AMENDMENT NO. 98-03 CONDITIONAL USE PERMIT NO. 98-19 SERVICE STATION/CONVENIENCE STORE - OFF-SITE SALE OF BEER & WINE - DRIVE-THRU RESTAURANT - 1194 SOUTH WATERMAN AVENUE (21) Director of Development Services Hays submitted a staff report dated January 7, 1999, regarding the proposed development of a service station with convenience store located at 1194 South Waterman Avenue. Mayor Valles opened the hearing. Director Hays provided an overview of the project, stating that the development code amendment would allow the sale of alcohol within 100 feet of residentially used, but not residentially zoned property. He stated that the proposed project had received approval from the full Planning Commission, that no protests to the project had been received, and it was staff's belief that the project met the intent of the General Plan. David Schulze, P.O. Box 812, Highland CA, representing the applicant, stated that they believed this project would be an attractive window to the entry of the city and complimented slaff for their helpfulness and suggestions. RES. 1999-18 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 98-05 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM OIP, OFFICE INDUSTRIAL PARK, TO CG- 1, COMMERCIAL GENERAL, FOR 0.8 ACRES AT THE NORTHWEST CORNER OF THE INTERSECTION OF WATERMAN AVENUE AND ORANGE SHOW ROAD. (21) 13 1/25/1999 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06, SECTION 19.06.030(2)(8)(1) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ALLOW AN ALCOHOLIC BEVERAGE CONTROL LICENSE WITHIN 100 FEET OF RESIDENTIALLY USED, BUT NOT RESIDENTIALLY ZONED PROPERTY, WITH A CONDITIONAL USE PERMIT. First (21) Council Member Miller made a motion, seconded by Council Member Anderson, that the hearing be closed; that said resolution be adopted which adopts the Negative Declaration and approves General Plan Amendment No. 98-05; that said ordinance be laid over for final adoption which approves Development Code Amendment No. 98-03; and that Conditional Use Permit No. 98-19 be approved based on the Findings of Fact, subject to the Conditions of Approval and Standard Requirements. The motion carried, and Resolution No. 1999-18 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. Vacant: Third Ward. DETERMINE PUBLIC CONVENIENCE OR NECESSITY - TYPE-20 LIQUOR LICENSE - CHEVRON CONVENIENCE STORE - 187 NORTH "F" STREET (22) Michael Hays, Director of Development Services, submitted a staff report dated January 6, 1999, regarding a Type-20 Liquor License for the Chevron convenience store located at 187 North "F" Street. Mr. Hays provided an overview of the proposed project, stating that the Type- 20 Liquor License would allow off-site sale of beer and wine. He added that the Police Department had given their approval based on adherence to the Conditions of Approval outlined in the staff report. Discussion ensued regarding who is responsible for enforcement of the Conditions of Approval-that once the conditions are in place, it appears that no one follows up on enforcement. It was noted that if problems exist, the Police Department should be called to investigate the matter. 14 1/25/1999 Council Member Estrada made a motion, seconded by Council Member Lien, and unanimously carried, that the Mayor and Common Council determine that the public convenience or necessity is served and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type- 20 (off-site beer and wine) Liquor License for the Chevron convenience store located at 187 North "F" Street, subject to the Police Department's Conditions of Approval. DETERMINE PUBLIC CONVENIENCE OR NECESSITY - TYPE-40 LIQUOR LICENSE - LOLITA'S MEXICAN FOOD - 1035 EAST BASE LINE STREET (23) Michael Hays, Director of Development Services, submitted a staff report dated January 6, 1999, regarding a Type-40 Liquor License for Lolita's Mexican Food located at 1035 East Base Line Street. Mr. Hays explained that a Type-40 Liquor License would permit the sale of on- site beer only. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council determine that the public convenience or necessity is served and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type-40 (on-site beer only) Liquor License for Lolita's Mexican Food located at 1035 East Base Line Street, subject to the Police Department's Conditions of Approval. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 11:26 a.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. COUNCIL MEMBER ESTRADA EXCUSED At 11 :26 a.m., Council Member Estrada declared a conflict of interest, stating that Casa Ramona was her employer, and left the Council meeting. RES. 1999-19 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING AN AGREEMENT TO ULTRASYSTEMS ENVIRONMENTAL INCORPORATED TO PREPARE A JOINT NEPA/CEQA DOCUMENT FOR THE CASA RAMONA PROJECT. (24) 15 1/25/1999 Valerie Ross, Principal Planner, explained that the Economic Development Agency (EDA) cannot release the funds until the National Environmental Policy Act and the California Environmental Quality Act documents have been prepared; and since the EDA still retains the money, they are the applicant and the Development Services Department is processing this for them. Council Member Anderson clarified that the money for this project was appropriated in 1996, at which time Council Member Estrada was not even a member of the Council. Council Member Anderson made a motion. seconded by Council Member Miller, that said resolution be adopted. Resolution No. 1999-19 was adopted by the following vote: Ayes: Council Members Lien, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Estrada. Vacant: Third Ward. RECESS MEETING At 11:29 a.m., Mayor Valles recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:02 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson; City Attorney Penman, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: Council Member Miller. Vacant: Third Ward. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:02 p.m., Chairwoman Valles called to order the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. 16 1/25/1999 PUBLIC HEARING - CONSIDER SALE OF PROPERTY - 7TH & "E" STREETS (R25) RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING THE SALE OF CERTAIN PROPERTY. (R25) Note: Backup material was not distributed and will not be available for reference. Council Member Anderson made a motion. seconded by Council Member Devlin, and unanimously carried, that the matter be continued to the Community Development Commission meeting of February 15, 1999, in the Council Chambers of City Hall. ADJOURNMENT (26) At 2:03 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission will be held at 8:00 a.m., Monday, February 1, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By ~ 1J4~ Linda Hartzel Deputy City Clerk No. of Items: 26 No. of Hours: 2.5 17 1/25/1999