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HomeMy WebLinkAbout03-15-1999 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MARCH 15, 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 Pro Tem Miller at 8:05 a.m., Monday, March 15, 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 Pro Tem Miller; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member McGinnis. City Attorney Penman announced that the following additional items would be discussed in closed session: lC. County General Plan. IF. Property Address: 247 W. 3cd Street Negotiating Parties: Gary Van Osdel on behalf of the Economic Development Agency and Judith Caddy on behalf of the State Department of Transportation Under Negotation: Price, terms and conditions RECESS MEETING - CLOSED SESSION - (Discussed later in the meeting - pages 14 , 21 & 22) (1) At 8:06 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): 1 3/15/1999 Manta Management Corp. vs. Citv of San Bernardino - Court of Appeals Case No. E019635 (Superior Court Case No. SCV 19157); Mark Olson vs. Gina Louise Patterson. et a!. - San Bernardino Superior Court Case No. SCV 42981. 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. 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. E. Conference with labor negotiator pursuant to Government Code Section 54957.6: Agencv Negotiator: Ed Raya, Human Resources Director Emolovee Organizations: San Bernardino Police Officers Association (SBPOA) San Bernardino City Professional Fire Fighters Local 891 F. Conference with real property negotiator pursuant to Government Code Section 54956.8: 1. Property Address: North side of Industrial Parkway adjacent to the 1-215 Freeway (Parcel No. 266-072- 91) Negotiating Parties: Gary Van Osdel on behalf of the Economic Development Agency and James K. Bernsen Under Negotiation: Price, terms and conditions 2. Property Address: South side of Industrial Parkway adjacent to the 1-215 Freeway (Parcel No. 266-041-71) 2 3/15/1999 Negotiating Parties: Gary Van Osdel on behalf of the Economic Development Agency and David Hardy Under Negotiation: Price, terms and conditions 3. Property Address: 2204 Sunrise and 2205 East 19th Street Negotiating Parties: Gary Van Osdel on behalf of the Economic Development Agency and Robert Murphy, San Bernardino Joint Unified School District Under Negotation: Price, terms and conditions G. 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. CLOSED SESSION At 8:06 a.m., Mayor Pro Tem Miller 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 Pro Tem Miller; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member McGinnis. Also present: Senior Assistant City Attorney Simmons, Deputy City Attorney Murad and Administrative Operations Supervisor Edna Anderson, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority while the Mayor and Common Council and Community Development Commission were in closed session. COUNCIL MEMBER MC GINNIS ARRIVED At 8:09 a.m., Council Member McGinnis arrived at the closed session. 3 3/15/1999 SENIOR ASSISTANT CITY ATTORNEY CARLYLE & EXECUTIVE DIRECTOR V AN OSDEL ARRIVED At 8:13 a.m., Senior Assistant City Attorney Carlyle and Executive Director Van Osdel arrived at the closed session. DEPUTY CITY ATTORNEY MURAD EXCUSED At 8: 13 a.m., Deputy City Attorney Murad left the closed session. DEPUTY CITY ATTORNEY EMPENO & PRINCIPAL PLANNER ROSS ARRIVED At 8:27 a.m., Deputy City Attorney Empeno and Principal Planner Ross arrived at the closed session. EXECUTIVE DIRECTOR V AN OSDEL EXCUSED At 8:31 a.m., Executive Director Van Osdelleft the closed session. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 8:32 a.m., Senior Assistant City Attorney Carlyle left the closed session. HUMAN RESOURCES DIRECTOR RAY A & FINANCE DIRECTOR PACHON ARRIVED At 8:41 a.m., Human Resources Director Raya and Finance Director Pachon arrived at the closed session. DEPUTY CITY ATTORNEY EMPENO & PRINCIPAL PLANNER ROSS EXCUSED At 8:41 a.m., Deputy City Attorney Empeno and Principal Planner Ross left the closed session. ADJOURN CLOSED SESSION At 8:59 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9:02 a.m., Mayor Pro Tern Miller 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 Pro Tem Miller; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. 4 3/15/1999 INVOCATION The invocation was given by Reverend Kendall Clark Baker of First Congregational United Church of Christ. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Lien. APPOINTMENTS (2) Council Member Lien G. Harold Duffy - Central City Parking Place Commission - Appointment Council Member McGinnis Willie M. Brue - Community Development Citizens Advisory Committee - Appointment Patricia Alman Halbig - Fine Arts Commission - Reappointment Doris Turner - Bureau of Franchises - Reappointment Ralph M. Botello - Animal Advisory Commission - Reappointment Council Member Devlin made a motion, seconded by Council Member Schnetz, and unanimously carried, that the appointments and reappointments requested by Council Members McGinnis and Lien be approved. PROCLAMATION - MARCH 1999 - AMERICAN RED CROSS MONTH (3) June Durr, Marketing and Public Affairs Officer, read a proclamation proclaiming the month of March 1999 as "American Red Cross Month" within the City of San Bernardino. Bob Wussler, Executive Director of the American Red Cross Association, accepted the proclamation and expressed his appreciation. PRESENTATION - TO THE CITY - RETROFIT PROJECT AWARD - SOUTHERN CALIFORNIA EDISION (3) Ray Gonzalez, Regional Manager, Southern California Edison, presented the Southern California Edison Retrofit Project Award to the City of San Bernardino; and Mayor Pro Tem Miller and Facilities Manager Sharer accepted the award. Mark Martinez, Project Manager of the Invest Project, reviewed the savings the city has achieved and acknowledged the efforts of Facilities Manager Jim Sharer. 5 3/15/1999 SERVICE PIN AWARDS (3) June Durr, Marketing and Public Affairs Officer, read the names of the following employees who received service pin awards in gratitude of their many years of dedicated service to the city: Name Joan V ollucci Thomas Rubio Irene Thomsen Nancy Clatfelter Leticia Otey Ruben Colunga Robert Mendoza DeDartment Council Fire Library Parks, Recreation & Community Services Po lice Public Services Public Services Years of Service 25-year pin lO-year pin 25-year pin 5-year pin 5-year pin 20-year pin 25-year pin Each employee received a service pin presented by Mayor Pro Tem Miller. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin announced that the "E" Street project is complete with the exception of some landscaping. He also reviewed the events of the clean-up day held on Saturday, March 13, within the Fifth Ward. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson stated that she is a member of the City of San Bernardino Readers for the San Bernardino City Unified School District and displayed the gifts she had received from the students. She also made the following announcements: 1) March 2 was Dr. Seuss' Birthday; 2) March 20, 1999, is Charley Seymour's Birthday, and in recognition of such a golf tournament will be held. Proceeds from the tournament will go towards the Adopt A Bike Program; and 3) March 27 will be the Sixth Ward Clean-up Day at Rio Vista Elementary School. ANNOUNCEMENTS - COUNCIL MEMBER MC GINNIS (4) Council Member McGinnis thanked Daniel Mackey for inviting him to attend the farewell celebration held in honor of Dr. & Mrs. Peters, Pastor of the Seventh Day Adventist Church. He also expressed his desire to see the charter reform committee established and gave his recommendations for membership. 6 3/15/1999 ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4) Council Member Miller stated that the Penguin Motel located on the north end of "D" Street would be demolished. ANNOUNCEMENTS - MAYOR PRO TEM MILLER (4) Mayor Pro Tem Miller announced that in today's San Bernardino County Sun newspaper there is an article highlighting the services provided by the Parks, Recreation and Community Services Department. She encouraged the citizens to participate in the various programs and to complete the survey included in the article. She also reviewed the lineup of productions presented by Theatrical Arts International to be held at the California Theatre. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark announced that on April 27 an election would be conducted. Sample ballots would be distributed this week, and a school bond measure would be considered. PUBLIC COMMENTS - JAY LINDBERG (5) Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, expressed concern regarding the Police Department's handling of a complaint and submitted his findings. PUBLIC COMMENTS - HAROLD DUFFY (5) Harold Duffy, 5028 Wyche Court, San Bernardino, CA, stated that he had submitted an application for the Charter Review Committee and expressed his desire to see the representation of the entire community. PUBLIC COMMENTS - GIL NAVARRO (5) Gil Navarro, President of the Mt. Vernon Avenue Pride Association, stated that the association supports the school bond measure, expressed concern that he had not received a response from his letter to the Mayor and Council and requested a copy of the city's financial records. PUBLIC COMMENTS - BILL ROGERS (5) Bill Rogers, 1482 E. Davidson Street, San Bernardino, CA, stated that the Mayor and Council recently conducted an illegal closed session held at the Economic Development Agency Board Room and requested a copy of the minutes. 7 3/15/1999 City Attorney Penman stated that all closed session items are listed on the agenda and each agenda is posted 72 hours prior to the meeting. ANNOUNCEMENTS - MAYOR PRO TEM MILLER (4) Mayor Pro Tem Miller announced that commencing on April 5, the public comments would be addressed at the end of each meeting of the Mayor and Common Council/Community Development Commission. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council, Community Development Commission and San Bernardino Associated Communities Financing Authority be waived. COUNCIL MINUTES (7) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council and Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: December 21, 1998; March 2, 1999. CLAIMS & PAYROLL (8) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated March 9, 1999, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (9) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions as submitted by the Chief Examiner, dated March 10, 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. 8 3/15/1999 RES. 1999-44A - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA HEALTHY CITIES PROJECT FOR THE FOLLOWING PROJECT: BLIGHT STUDENT EDUCATION PROGRAM. (10) RES. 1999-45 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF THE SUPPLEMENTAL SETTLEMENT AGREEMENT WITH THE COUNTY OF SAN BERNARDINO ELIMINATING THE FEBRUARY 11, 1999 CRIMINAL JUSTICE ADMINISTRATIVE FEE INCREASE. (11) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 1999-44A and 1999-45 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. APPROVE PLAN NO. 9943 - AUTHORIZE ADVERTISEMENT FOR BIDS - NUNEZ POOL RENOVATION (13) Michael E. Hays, Director of Development Services, submitted a staff report dated February 22, 1999, concerning the Nunez pool renovation. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council approve Plans and Specification No. 9943; and authorize the Director of Development Services to advertise for bids for the Nunez pool renovation. RES. 1999-46 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PARSONS BRlNCKERHOFF QUADE & DOUGLAS, INC., FOR PROFESSIONAL ENGINEERING AND DESIGN SERVICES FOR REPLACEMENT OF MOUNT VERNON AVENUE VIADUCT OVER BNSF RAILROAD. (14) 9 3/15/1999 RES. 1999-47 - RESOLUTION OF THE CITY OF SAN BERNARDINO PROVIDING AUTHORIZATION TO EXECUTE AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH T.Y. LIN INTERNATIONAL McDANIELS FOR INDEPENDENT BRIDGE CHECK SERVICES FOR THE STATE STREET EXTENSION. (15) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 1999-46 and 1999-47 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 1999-48 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INCREASE TO THE ANNUAL PURCHASE ORDER WITH TOTER INCORPORATED FOR PURCHASE OF ADDITIONAL AUTOMATED CARTS FOR RESIDENTIAL REFUSE SERVICES. (17) Council Member Devlin made a motion, seconded by Council Member Anderson, that the Director of Finance be authorized to amend the fiscal year 1998/99 refuse budget and transfer $23,800 from Account No. 527-415-5502 to 527-411-5111: and that said resolution be adopted. The motion carried and Resolution No. 1999-48 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 1999-49 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO GUZMAN CONSTRUCTION COMPANY FOR THE REMOVAL AND REPLACEMENT OF DAMAGED CURB, GUTTER, SIDEWALK AND OTHER CONCRETE CONSTRUCTION PER PLAN NO. 9923. (12) Director of Development Services Hays answered questions concerning the source of funding. Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted. 10 3/15/1999 Resolution No. 1999-49 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 1999-50 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT GRANTS FROM THE SAN BERNARDINO COUNTY HOUSING AUTHORITY FOR AFTER-SCHOOL RECREATION PROGRAMS, TUTORIAL AND ENRICHMENT ACTIVITIES AT JOHNSON COMMUNITY HALL AND WATERMAN GARDENS. (16) Council commended staff for their efforts in bringing the programs to fruition. Council Member Devlin made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 1999-50 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378 TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PEDESTRIAN VENDORS. First (18) Note: The ordinance was not distributed in the backup material and will not be available for reference. Council Member Devlin made a motion, seconded by Council Member Estrada, and unanimously carried, that the matter be continued to the Mayor and Common Council/Community Development Commission meeting of April 19, 1999. ORAL STATUS REPORT - 206 SOUTH "D" STREET - MICHAEL & BRENDA ALLEN - DIRECTOR OF DEVELOPMENT SERVICES (19) Note: Backup material was not distributed on this item and will not be available for reference. 11 3/15/1999 City Attorney Penman stated that in an effort to avoid an appearance of a conflict of interest, David Gondek from the law office of Sabo and Green would be advising the Mayor and Council on this matter. CITY ATTORNEY PENMAN EXCUSED At 10:05 a.m., City Attorney Penman left the council meeting and was replaced by Special Counsel Gondek. Michael Hays, Director of Development Services, gave an oral report on the action taken to cleanup the site located at 206 South "D" Street, provided an update on the renovations being completed, and answered questions relative to such. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the report presented by Director of Development Services Hays be received and filed. SPECIAL COUNSEL GONDEK EXCUSED At 10: 12 a.m., Special Counsel Gondek left the council meeting and was replaced by City Attorney Penman. DISCUSS & TAKE POSSIBLE ACTION - WIND DAMAGE - 3000 BLOCK OF OHIO AVENUE - (Continued from March 1, 1999) (20) Nick Gonzalez, Community Liaison, submitted a memorandum dated March 10, 1999, concerning the wind damage at the 3000 block of Ohio Avenue. City Administrator Wilson reviewed the attempts made to compensate the residents of the 3000 block of Ohio Avenue for wind damage. City Attorney Penman explained that a criminal complaint would be filed for violation of the Municipal Code. Council Member Devlin made a motion, seconded by Council Member Anderson, that staff be directed to do whatever may be feasible with the bonds. A discussion was held concerning a viable means to compensate the residents of the 3000 block of Ohio A venue and the possibility of establishing a policy to protect residents of high-wind areas. Council Member Devlin made a substitute motion, seconded by Council Member Estrada, and unanimously carried, that the City Attorney be directed to investigate the possibility of establishing a policy to protect residents of high-wind areas. 12 3/15/1999 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14193, LOCATED ON THE SOUTHEAST CORNER OF OHIO AVENUE AND OLIVE AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (Continued from December 21, 1998) (21) Council Member Anderson made a motion. seconded by Council Member Devlin, and unanimously carried, that the resolution approving the final map for Tentative Tract No. 14193 be continued to the Mayor and Common Council/Community Development Commission meeting of June 21, 1999. CONSOLIDATED COURTS MASTER PLAN - COUNTY OF SAN BERNARDINO (NB1) Council Member Estrada made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter arose subsequent to the posting of the agenda. A discussion ensued regarding the County of San Bernardino's Consolidated Courts Master Plan and the urgency for the renovations to the central courthouse. RES. 1999-51 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO OPPOSING THE PROPOSED TIME TABLE FOR THE IMPLEMENTATION OF THE NEW CONSOLIDATED COURTS MASTER PLAN. (NB1) City Clerk Rachel Clark read the title of the resolution into the record. Council Member Estrada made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-51 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. COUNTY MEDICAL CENTER REUSE - SITE ON GILBERT STREET - (Discussed later in the meeting - page 21) (NB2) 13 3/15/1999 Council Member Lien submitted a letter dated February 1, 1999, concerning the reuse of the County Medical Center located on Gilbert Street. Council Member Anderson made a motion. seconded by Council Member Estrada, and unanimously carried, that the matter arose subsequent to the posting of the agenda. A discussion ensued regarding the areas of concern relative to the CMC Site Re- use Report and Recommendations. It was the consensus of the Mayor and Council that the matter be discussed later in the meeting. RECESS MEETING - CLOSED SESSION - (Discussed earlier and later in the meeting - pages 1, 21 & 22) (1) At 10:44 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (cl of Government Code Section 54956.9. E. Conference with labor negotiator pursuant to Government Code Section 54957.6: Agencv Negotiator: Ed Raya, Human Resources Director Emplovee Organizations: San Bernardino Police Officers Association (SBPOA) San Bernardino City Professional Fire Fighters Local 891 CLOSED SESSION At 10:44 a.m., Mayor Pro Tem Miller 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 Pro Tem Miller; Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Devlin. 14 3/15/1999 Also present: Deputy City Attorney Empeno and Principal Planner Ross. COUNCIL MEMBER DEVLIN ARRIVED At 10:46 a.m., Council Member Devlin arrived at the closed session. HUMAN RESOURCES DIRECTOR RAY A & FINANCE DIRECTOR PACHON ARRIVED At 10:51 a.m., Human Resources Director Raya and Finance Director Pachon arrived at the closed session. SENIOR ASSIST ANT CITY ATTORNEY CARLYLE ARRIVED At 11 :04 a.m., Senior Assistant City Attorney Carlyle arrived at the closed session. DEPUTY CITY ATTORNEY EASLAND ARRIVED At 11: 11 a.m., Deputy City Attorney Easland arrived at the closed session. ADJOURN CLOSED SESSION At 11:19 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 11:19 a.m., Mayor Pro Tem Miller 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 Pro Tem Miller; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller; Deputy City Attorney Empeno, City Clerk Clark, Development Services Director Hays. Absent: None. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 98-06 - TENTATIVE TRACT NO. 15826 - VARIANCE NO. 98-12 - AMEND LAND USE DESIGNATION - CG-l, COMMERCIAL GENERAL, TO RS, RESIDENTIAL SUBURBAN - 20.65 ACRES - NORTHWEST CORNER OF WASHINGTON STREET & WATERMAN AVENUE- JMS PROPERTIES (24) Michael E. Hays, Director of Development Services, submitted a staff report dated February 24, 1999, concerning the development of 20.65 acres located at the northwest corner of Washington Street and Watermal1 A venue. 15 3/15/1999 Mayor Pro Tem Miller opened the hearing. Valerie Ross, Principal Planner, provided a synopsis of the action taken relative to General Plan Amendment No. 98-06, Tentative Tract No. 15826 and Variance No. 98-12. Spencer Sargent, West Colony Community Association, requested that the developer meet with the association board of directors to allow them time to review the plans. A discussion was held concerning the protocol to be observed for the conduct of meetings of a legislative body. Council Member McGinnis stated that he would be abstaining from the vote. Jim Fahf, JMS Properties, stated that he didn't object to meeting with the association; however, as the developer, they did not wish to be a part of the association. RES. 1999-52 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 98-06 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM CG-l, COMMERCIAL GENERAL, TO RS, RESIDENTIAL SUBURBAN, FOR 20.65 ACRES LOCATED AT THE NORTHWEST CORNER OF WASHINGTON STREET AND WATERMAN AVENUE. (24) Council Member Anderson made a motion, seconded by Council Member Estrada, that the hearing be closed; that the Mayor and Common Council adopt the resolution that adopts the Mitigated Negative Declaration and approves General Plan Amendment No. 98-06; that Tentative Tract Map No. 15826 and Variance No. 98-12 be approved based on the findings of fact and subject to the Conditions of Approval and Standard Requirements; and that the Mitigation Monitoring and Reporting Program be approved. The motion carried and Resolution No. 1999-52 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller. Nays: None. Abstain: Council Member McGinnis. Absent: None. REAFFIRM BILLBOARD POLICY - DEVELOPMENT SERVICES DEPARTMENT (22) 16 3/15/1999 Michael E. Hays, Director of Development Services, submitted a staff report dated March 5, 1999, concerning the city's billboard policy. Council Member Devlin made a motion, seconded by Council Member Anderson, that the Mayor and Common Council reaffirm the policies prohibiting new billboards and structural alterations to existing billboards. Valerie Ross, Principal Planner, provided a synopsis of the action taken to address the maintenance and rehabilitation of existing billboards. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 11:38 a.m., Deputy City Attorney Empeno left the council meeting and was replaced by City Attorney Penman. David Schulze, P. O. Box 812, Highland, CA, real estate broker and member of the San Bernardino Chamber of Commerce, stated that he was delegated to meet with the city in an effort to modernize the existing billboard policy to allow the maintenance of such. He requested that the billboard companies be allowed to maintain the existing billboards within the city. Development Services Director Hays stated that non-conforming billboards cannot be retrofitted; however, legally established billboards can be maintained. He reviewed the provisions of the billboard policy. A discussion ensued regarding the actions taken to address the concerns relative to the existing billboards. Council requested information concerning the location of non-conforming and conforming billboards within the city. Teri Cates, General Manager of Chancellor Media, expressed concern regarding the city's existing billboard policy. A discussion was held concerning the steps to be taken to ensure the representation of all individuals involved. Council Member Devlin made a substitute motion, seconded by Council Member Anderson, that the matter be tabled. Council Member Anderson removed her second, and the substitute motion failed for lack of a second. Council Member Estrada made a substitute motion, seconded by Council Member Schnetz, and unanimously carried, that the matter be referred to the 17 3/15/1999 Legislative Review Committee (LRC) and placed on the LRC agenda for the first meeting of April; and that closed session also be placed on said agenda under significant exposure to litigation. CITY ATTORNEY PENMAN EXCUSED At 12:01 p.m., City Attorney Penman left the council meeting and was replaced by Deputy City Attorney Empeno. APPROVE PLAN NO. 9944 - AUTHORIZE PROCEEDINGS - VACATE PORTION OF THREE (3) STREETS - FLORES STREET, 10TH STREET & PENNSYLVANIA AVENUE - SOUTH OF BASE LINE STREET (23) Michael E. Hays, Director of Development Services, submitted a staff report dated February 19, 1999, concerning the vacation of a portion of Flores Street, 10th Street and Pennsylvania Avenue. Council Member Anderson made a motion. seconded by Council Member Devlin, and unanimously carried, that the Director of Development Services and the City Clerk be authorized to proceed with the proposed vacation of a portion of three streets - Flores Street, 10'h Street and Pennsylvania Avenue south of Base Line Street; and that Plan No. 9944 showing the proposed vacation of a portion of Flores Street, 10th Street and Pennsylvania A venue south of Base Line Street be approved. RECESS MEETING At 12:02 p.m., the meeting recessed to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:02 p.m., Mayor Pro Tem Miller reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call taken by City Clerk Clark with the following being present: Mayor Pro Tem Miller; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: None. 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 18 3/15/1999 At 2:02 p.m., Vice-Chairwoman Miller 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. PRESENTATION - PRESENTED TO ECONOMIC DEVELOPMENT AGENCY - FROM SALVATION ARMY - CERTIFICATE OF APPRECIATION (3) Major Russell Fritz of the Salvation Army presented a certificate of appreciation to the Economic Development Agency for its financial assistance with the Hospitality House and Community Dinner. Economic Development Agency Executive Director Van Osdel accepted the certificate. PUBLIC HEARING - 1998-99 ANNUAL CONSOLIDATED ACTION PLAN AMENDMENT - 40TH STREET & WATERMAN AVENUE REDEVELOPMENT PROJECT AREA REDEVELOPMENT FEASIBILITY ANALYSIS - $150,000 (R25) Ronald E. Winkler, Director of Development Department, submitted a staff report dated March 8, 1999, concerning the proposed 40'h Street and Waterman Avenue Redevelopment Project Area. Mayor Pro Tem Miller opened the hearing. Development Director Winkler provided a synopsis of the action taken for the establislnnent of the proposed 40'h Street and Waterman Avenue Redevelopment Project Area and answered questions relative to such. RES. CDC/1999-8A - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY (THE "AGENCY") TO EXECUTE A CERTAIN PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND ROSENOW, SPEVACEK GROUP, INC. (RSG), FOR PURPOSES OF CARRYING OUT THE REDEVELOPMENT FEASIBILITY ANALYSIS FOR THE PROPOSED 40TH STREET AND WATERMAN AVENUE REDEVELOPMENT PROJECT AREA. (R25) 19 3/15/1999 Council Member Devlin made a motion, seconded by Council Member Schnetz, that the hearing be closed; that the Mayor and Common Council approve an amendment to the City's 1998-99 Annual Consolidated Action Plan reallocating $150,000 from Community Development Block Grant Account No. 98-201 to the Redevelopment Agency of the City of San Bernardino to fund a redevelopment feasibility analysis and related costs for the proposed 40'h Street and Waterman Avenue Redevelopment Project Area; and that said resolution be adopted. The motion carried and Resolution No. CDC/1999-8A was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. WELLS FARGO LINE OF CREDIT - EXTENSION - ECONOMIC DEVELOPMENT AGENCY (R26) Gary Van Osdel, Executive Director, submitted a staff report dated March 5, 1999, concerning the Agency's line of credit with Wells Fargo Bank. Barbara Lindseth, Director of Administrative Services, explained that the Agency would be extending their line of credit with Wells Fargo Bank to March 1, 2000. Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that the Community Development Commission authorize an extension to March 1, 2000 of certain lines of credit with Wells Fargo Bank and authorize the Executive Director to execute said documents. PUBLIC HEARING HEALTH CARE REVENUE BONDS $9,000,000 - ASSISTED LIVING FOUNDATION OF AMERICA - FULLERTON VILLAGE PROJECT (R27) RESOLUTION OF THE SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY AUTHORIZING THE SALE AND DELIVERY OF NOT TO EXCEED $9,000,000 AGGREGATE PRINCIPAL AMOUNT OF HEALTH CARE REVENUE BONDS (ASSISTED LIVING FOUNDATION OF AMERICA - FULLERTON VILLAGE PROJECT) 1999 SERIES A TAX EXEMPT AND 1999 SERIES B TAXABLE, AND APPROVING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH. (R27) Note: Backup material was not distributed on this item and will not be available for reference. 20 3/15/1999 Mayor Pro Tem Miller opened the hearing. Gary Van Osdel, Executive Director, requested that the item be continued to the Mayor and Council/Community Development Commission meeting of April 5, 1999. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Common Council/Community Development Commission meeting of April 5, 1999. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 2: 18 p.m., Senior Assistant City Attorney Carlyle left the council meeting and was by City Attorney Penman. COUNTY MEDICAL CENTER REUSE - SITE ON GILBERT STREET - (Discussed earlier in the meeting - page 13) (NB2) A discussion was held concerning the areas of concern relative to the reuse of the County Medical Center located on Gilbert Street. COUNCIL MEMBER McGINNIS EXCUSED At 2:20 p.m., Council Member McGinnis left the council meeting. Council Member Lien made a motion, seconded by Council Member Anderson, and unanimously carried, that the County Board of Supervisors be requested to continue Recommendation Nos. 3, 6, 7, 17 and 18 as noted in the report dated March 2, 1999, concerning the reuse of the County Medical Center on Gilbert Street, to give the citizen committee an opportunity to provide input. RECESS MEETING - CLOSED SESSION - (Discussed earlier and later in the meeting - pages 1, 14 & 22) (1) At 2:21 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Section: C. Conference with legal counsel - amicipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 - County General Plan. CLOSED SESSION At 2:21 p.m., Mayor Pro Tem Miller called the closed session to order in the conference room of the Council Chambers of City Hall. 21 3/15/1999 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tern Miller; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Also present: Senior Assistant City Attorney Carlyle; Executive Director Van Osdel, Development Director Winkler and Special Counsel Sabo, Economic Development Agency. ADJOURN CLOSED SESSION At 3: 18 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 3:18 p.m., Mayor Pro Tern Miller 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 Pro Tem Miller; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: None. COUNTY GENERAL PLAN - AFFECT ON COUNTY ISLANDS - PROPOSED AMENDMENT (NB3) Council Member Devlin made a motion, seconded by Council Member Estrada, and unanimously carried, that the matter arose subsequent to the posting of the agenda. Council Member Anderson made a motion. seconded by Council Member Devlin, and unanimously carried, that the matter be continued to 2:00 p.m., Wednesday, March 17, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CLOSED SESSION - (Discussed earlier in the meeting - pages 1, 14 &2U (1) Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be continued to 2:00 p.m., Wednesday, March 17, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 22 3/15/1999 ADJOURNMENT (28) At 3:20 p.m., the meeting adjourned to 2:00 p.m., Wednesday, March 17, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk BY_~~t.4- zanna Cordova Deputy City Clerk No. of Items: 31 No. of Hours: 5.5 23 3/15/1999