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Home My WebLink About07-12-1999 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING JULY 12, 1999 COUNCIL CHAMBERS This is the time and place set for a joint adjourned regular meeting of the Mayor and Common Council and the Community Development Commission of the City of San Bernardino from the regular meeting held at 8:22 a.m., Tuesday, July 6, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on Tuesday, July 6, 1999, and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 8:45 a.m., Wednesday, July 7, 1999, on the bulletin board located next to the place at which said meeting was held. The joint adjourned 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 10:08 a.m., Monday, July 12, 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 Estrada, Lien, McGinnis, Schnetz, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Devlin. RECESS MEETING - CLOSED SESSION (1) At 10:08 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). 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. I 7/12/1999 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 real property negotiator pursuant to Government Code Section 54956.8. F. 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. G. Conference with labor negotiator pursuant to Government Code Section 54957.6. CLOSED SESSION At 10:08 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 Estrada, Lien, McGinnis, Schuetz, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Devlin. Also present: Senior Assistant City Attorneys Carlyle and Simmons and Edna Anderson, Administrative Operations Supervisor, City Attorney's Office; and Joe Arias of Lewis, D'Amato, Brisbois and Bisgaard, 650 E. Hospitality Lane, San Bernardino, California. COUNCIL MEMBER SCHNETZ EXCUSED At 10: 10 a.m., Council Member Schnetz left the closed session. SPECIAL COUNSEL ARIAS EXCUSED At 10: 16 a.m., Special Counsel Arias left the closed session. DEPUTY CITY ATTORNEYS COLEMAN AND BARNES & SERGEANT KIMBALL ARRIVED At 10:16 a.m., Deputy City Attorneys Coleman and Barnes and Police Sergeant Kimball arrived at the closed session. 2 7/12/1999 COUNCIL MEMBER SCHNETZ RETURNED At 10: 16 a.m., Council Member Schnetz returned to the closed session. POLICE SERGEANT KIMBALL EXCUSED At 10:34 a.m., Police Sergeant Kimball left the closed session. ADJOURN CLOSED SESSION At 10:34 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 10:35 a.m., Mayor Valles reconvened the joint adjourned 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, McGinnis, Schnetz, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Devlin. PUBLIC HEARING - FEES FOR SERVICES - (Continued from July 6, 1999) (2) Fred Wilson, City Administrator, submitted a staff report dated June 24, 1999, concerning the establishment of various user fees. Mayor Valles opened the hearing. City Administrator Wilson explained that the adoption of said resolution incorporates the action taken in the fiscal year 1999/2000 budget deliberations. Council Member Miller made a motion, seconded by Council Member Anderson, that the hearing be closed; that said resolution be adopted; that one (1) position of Fire Prevention Officer, Range 1364, $2,727-$3,315/month; and one (1) position of Plan Checker, Range 1388, $3,074-$3,737/month be established; and that the Director of Human Resources be directed to update Resolution No. 97-244 to reflect these actions. (There was no vote taken on this motion.) A discussion was held concerning the fire department fees associated with automatic sprinklers and Conditional Use Permit's DP I and II. Fire Chief Pitzer answered questions regarding the fire department review of plans. 3 7/12/1999 Lori Sassoon, Assistant to the City Administrator, stated that several major cities had been contacted in an effort to determine the appropriate fire inspection fees. RES. 1999-173 - A RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING CERTAIN FEES FOR SERVICES FURNISHED BY THE CITY OF SAN BERNARDINO AND REPEALING RESOLUTION NO. 98-193, RI,SOLUTION NO. 88-443, RESOLUTION NO. 88-334 AND RESOLUTION NO. 91-489. (2) Council Member Schuetz made a substitute motion, seconded by Council Member Miller, that the hearing be closed; that said resolution be adopted with the following amendment: Page 10, Line 9 - Automatic Sprinklers T.I./Addition - less than 2,500 square feet @ $125 and greater than 2,500 square feet @ $253.62; that one (1) position of Fire Prevention Officer, Range 1364, $2,727-$3,315/month; and one (1) position of Plan Checker, Range 1388, $3,074-$3,737/month be established; and that the Director of Human Resources be directed to update Resolution No. 97-244 to reflect these actions. The motion carried and Resolution No. 1999-173 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Anderson, Miller. Nays: None. Absent: Council Member Devlin. ORD. MC-I050 - ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND ADDING CHAPTER 5.14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND ADlJLT ENTERTAINMENT AND DELARING THE URGENCY THEREOF. Url!encv (3A) City Attorney Penman explained the need for the urgency ordinance relative to entertainment -dances and adult entertainment. Council Member Miller made a motion, seconded by Council Member Anderson, that said urgency ordinance be adopted. Ordinance No. MC-1050 was adopted by the following vote: Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: Council Member Devlin. Ayes: Council None. Absent: 4 7/12/1999 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND ADDING CHAPTER 5.14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND ADULT ENTERTAINMENT. First (3B) Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that said ordinance be laid over for final adoption. RES. 1999-174 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A REDEVELOPMENT COOPERATION AGREEMENT WITH THE INLAND V ALLEY DEVELOPMENT AGENCY RELATING TO TRANSFER OR DELEGATION OF REDEVELOPMENT AUTHORITY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. (Continued from July 6,1999) (4A) RES. CDC/1999-24 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A REDEVELOPMENT COOPERATION AGREEMENT WITH THE INLAND VALLEY DEVELOPMENT AGENCY RELATING TO TRANSFER OR DELEGATION OF REDEVELOPMENT AUTHORITY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. (Continued from July 6, 1999) (4B) Council Member Lien made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 1999-174 and CDC/1999-24 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: Council Member Devlin. APPOINTMENT - COUNCIL MEMBER SCHNETZ - ALTERNATE DELEGATE - INLAND VALLEY DEVELOPMENT AGENCY (IVDA) (NB1) Mayor Valles submitted a staff report dateJ July 12, 1999, concerning the appointment of Council Member Schnetz as an alternate delegate to the Inland Valley Development Agency (IVDA). 5 7/12/1999 Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the matter arose subsequent to the posting of the agenda. Council Member Anderson made a motion. seconded by Council Member Miller, and unanimously carried, that the appointment of Council Member Schnetz as an alternate delegate to the Inland Valley Development Agency (IVDA) be approved, as requested by Mayor Valles. ADJOURNMENT (5) At 11:02 a.m., the meeting adjourned. The next JOlllt regular meeting is scheduled for 8:00 a.m., Monday, July 19, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk By ~Q.J1.r)tV 1!lfl-duucv tf..tfnL. zanna Cordova Deputy City Clerk No. of Items: 6 No. of Hours: 1 6 7/12/1999