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HomeMy WebLinkAbout01-26-1998 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JANUARY 26, 1998 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 Tern Mi11er at 8: 01 a. m., Monday, January 26, 1998, in the Council Chambers of City Hall, 300 North "1''' Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tern Miller; Council Members Negrete, Curlin, Oberhelman, Devlin, Miller; Clty Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Arias, Anderson. RECESS MEETING - CLOSED SESSION - (Discussed later in the meeting - page 4) (1) At 8:01 a.m., the Mayor and Com,",on 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): Munoz vs. Citv of San Bernardino Superior Court Case No. SCV 28203; San Bernardino PCL Civil Constructors, Inc. vs. Santa Ana Watershed Prolect Authoritv, et al. - Orange County Superior Court Case No. 783895; Tommv R. Walker vs. Citv of San Bernardino - Worker's Compensation Appeals Board Case No. SBR 0195662, SBR 025560. B. Conference with legal counsel significant exposure to subdivision (b) of Government - anticipated litigation - litigation pursuant to Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. 1 1/26/1998 D. Conference with legal counsel personnel matter pursuant to Government Code Section 54957. E. Conference with labor negotiator pursuant to Government Code Section 54957.6: Aqencv Neqotiator: Barbara Pachon, Director of Finance Emplovee Orqanization: San Bernardino Public Employees' Association (SBPEA), General Unit CLOSED SESSION At 8:01 a.m., Mayor Pro Tern 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 Tern Miller; Council Members Negrete, Curlin, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Arias, Anderson. Also present: Senior Assistant City Attorney Simmons, Deputy City Attorney Murad, and Edna Anderson, Administrative Operations Supervisor, City Attorney's Office; Director of Risk Management Raya, and John Kuntz of Mark, Bolson, Kuntz and Serembe, 600 N. Arrowhead Avenue, Suite 215, San Bernardino, CA. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and the regular agenda 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 while the Mayor and Council and Community Development Commission were in closed session. COUNCIL MEMBERS ARIAS & ANDERSON ARRIVED At 8:03 a.m., Council Members Arias and Anderson arrived at the closed session. SPECIAL COUNSEL KUNTZ EXCUSED At 8:14 a.m., Special Counsel Kuntz left the closed session. DIRECTOR OF RISK MANAGEMENT RAYA EXCUSED At 8:15 a.m., Director of Risk Management Raya left the closed session. 2 1/26/1998 COUNCIL MEMBER DEVLIN EXCUSED At 8:16 a.m., Council Member Devlin left the closed session. DIRECTOR OF FINANCE PACHON ARRIVE8 At 8:21 a.m., Director of Finance Pachon arrived at the closed session. SENIOR ASSISTANT CITY ATTORNEY SIMMONS & DEPUTY CITY ATTORNEY MURAD EXCUSED At 8: 21 a. m., Senior Assistant City Attorney Simmons and Deputy City Attorney Murad left the clcsed session. ADJOURN CLOSED SESSION At 8:35 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9: 01 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 Tern Miller; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Adminlstrator Wilson. Absent: None. INVOCATION The invocation was given by Father patricio Guillen of Libreria Del Pueblo. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Anderson. APPOINTMENTS (2) There were no appointments at this meeting. SERVICE PIN AWARDS (3) J. Lorraine Velarde, 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 Deborah Biggs Jane Stewart Jorge Carlos Norma Owens Department Animal Control Animal Control Council Office Economic Development Agency Years of Service 10-year pin 10-year pin 10-year pin 5-year pin 3 1/26/1998 Name Anthony Blake Johnnie Montecino Jennifer Aragon Robert Descaro Dan Bloomer William Kemp Steven Sutorus Department Police Police Police Police Police Public Services San Bernardino Employment & Training Agency Years of Service 5-year pin 20-year pin 20-year pin 20-year pin 25-year pin 15-year pin 5-year pin ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin encouraged everyone to take a strong interest in the mayoral race and be very discerning of their observations in respect to the future. ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias reminded the residents to vote on February 3, 1998. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark stated that January 27 at 5:00 p.m is the deadline to request an absentee ballot by mail; however, an individual can appear at the Registrar of Voters (ROV) Office, 777 E. Rialto Avenue, to vote in person. Early voting will take place at ROV on Saturday, January 31, 1998, from 9:00 a.m. to 3:00 p.m. CLOSED SESSION ANNOUNCEMENT - meeting - page 1) (Discussed earlier in the (1) Deputy City Attorney Murad announced that in closed session, the Mayor and Council agreed to a dismissal in exchange for a waiver of costs associated with Munoz vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 28203. (Note: A vote was not required.) ANNOUNCEMENTS - J. LORRAINE VELARDE, EXECUTIVE ASSISTANT TO THE MAYOR (4) J. Lorraine Velarde, Executive Assistant to the Mayor, gave a progress report on Mayor Minor's health stating that he was progressing well and staff expected him to preside over the Mayor and Council meeting of February 2, 1998; and related Mayor Minor's appreciation for the many good well wishes. 4 1/26/1998 PRESENTATION CHEERLEADERS SAN BERNARDINO, SAN GORGONIO & AQUINAS HIGH SCHOOLS - OUR LADY OF ASSUMPTION SCHOOL (3) The cheerleading squads from San Bernardino, San Gorgonio and Aquinas High Schools and Our Lady of Assumption School were given the opportunity to exhibit their cheerleading talents at the Super Bowl held on January 25, 1998; and the squad from San Bernardino High School demonstrated one of their routines. PUBLIC COMMENTS - GIL NAVARRO (5) Gil Navarro, President of the California Parents Association, expressed concern regarding the conduct of police officers as private citizens and the liability of such to the city and questioned whether the officers were allowed to carry a loaded weapon while off duty. PUBLIC COMMENTS - SCOTT OLSON (5) Scott Olson, 1595 Valaria Drive, San Bernardino, CA, thanked the Mayor and Council for the erection of the no parking signs at the new soccer complex; however, the following issues still need to be addressed: The no parking signs restrict the residents in the nearby apartment complex and the traffic flow on Pacific is dangerous. PUBLIC COMMENTS - CHARLOTTE ALEXANDER (5) Charlotte Alexander, 732 E. 19th Street, San Bernardino, CA, urged the residents to vote on February 3 and stated that she would be voting for Tim Prince. PUBLIC COMMENTS - ERNIE WILSON (5) Ernie Wilson, Affirmative Action Officer, Mayor's Office, announced that a workshop sponsored by the Inland Empire Hate Crime coalition and other local community groups would be held on Thursday, January 29, from 10:00 a.m. to 12:00 p.m., in the Council Chambers of City Hall. PUBLIC COMMENTS - BILL ROGERS (5) Bill Rogers, 1482 E. Davidson Street, San Bernardino, CA, urged the citizens to vote for Mr. Timothy Prince. PUBLIC COMMENTS - COUNCIL MEMBER CURLIN (5) Council Member Curlin requested clarification on the city's policy concerning the application of Proposition 208, in light of the federal court's ruling that it is unconstitutional. 5 1/26/1998 ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman stated that his office had been advised that the Federal District Court in Sacramento had overturned the provisions of Proposition 208 and directed the Fair Political Practices Commission (FPPC) to file an action to determine whether any part of the proposition was still applicable. The federal judge enjoined the FPPC from enforcing the provisions of Proposition 208; however, did not enjoin district attorneys or local city attorneys. Nonetheless, he did not see any action being taken by the city because the federal court had determined that Proposition 208 was not in effect. PUBLIC COMMENTS - CITY ATTORNEY PENMAN (5) City Attorney Penman, 221 E. Marshall Boulevard, San Bernardino, CA, endorsed Judith Valles for Mayor and he vowed to work with Mr. Prince if elected as Mayor. 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 and supplemental agendas of the Mayor and Common Council be waived. CLAIMS & PAYROLL (7) 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 January 20, 1998, from the Director of Finance be approved. PERSONNEL ACTIONS (8) 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 January 16, 1998, 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. ORD. MC-1015 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 15.16.065 AND IS .16.066 TO THE SAN BERNARDINO MUNICIPAL CODE AND AMENDING SECTION 15.16.075 OF THE SAN BERNARDINO MlmICIPAL CODE RELATING TO THE HEARING PROCEDURE AND THE APPEAL OF VIOLATIONS OF THE UNIFORM FIRE CODE AND SUMMARY ABATEMENTS AND HEARINGS PERTAINING THERETO, AND EXPENSES OF ABATEMENTS. Final (9) 6 1/26/1998 RES. 98-16 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 97-293, ESTABLISHING A HEART SMART GRANT WITH CALIFORNIA HEALTHY CITIES PROJECT. (10) ORD. MC-1016 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.22 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) REGARDING INSTITUTIONAL SIGN STANDARDS. Final (11) RES. 98-17 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO CREST CHEVROLET FOR FURNISHING AND DELIVERY OF FOURTEEN (14) 1998 CHEVROLET CAVALIER SEDANS TO BE UTILIZED BY VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-98-18. (12) RES. 98-18 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO FAIRVIEW FORD FOR FURNISHING AND DELIVERY OF FIVE (5) FORD CROWN VICTORIA "PATROL SPECIA""" FOUR-DOOR SEDANS TO BE UTILIZED BY THE POLICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F98-18. (13) RES. 98-19 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO ROBERT H. LOUD FORD FOR FURNISHING AND DELIVERY OF TWO (2) 1998 FORD WINDSTAR MINI-VANS TO BE UTILIZED BY THE CITY CLERK AND POLICE DEPARTMENT OF THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-98-18. (14) RES. 98-20 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING AN INCREASE TO THE ANNUAL PURCHASE ORDER TO CALIFORNIA TURF AND COLTON TRUCK FOR PARTS AND SUPPLIES TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT FLEET DIVISION. (15) RES. 98-21 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14706, LOCATED ON THE SOUTHEAST SIDE OF INLAND CENTER DRIVE AND SOUTHWESTERLY OF THE TERMINUS OF VALLEY VIEW AND SCENIC DRIVES, 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. (16) 7 1/26/1998 RES. 98-22 - RESOLUTION OF THE C:TY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14885, LOCATED ON THE NORTH SIDE OF BELMONT AVENUE APPROXIMATELY 660 FEET EAST OF CHESTNUT 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. (17) Council Member Devlin made a mo::ion, seconded by Council Member Anderson, that said ordinances and resolutions be adopted. Ordinance Nos. MC-1015 and MC-1016 and Resolution Nos. 98-17, 98-18, 98-19, 98-20, 98-21 and 98-22 were adopted following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: 98-16, by the Arias, None. REJECT BIDS - LANDSCAPE MAINTENANCE - ELM & COULSTON AREA - ASSESSMENT DISTRICT NO. 1023 (AD 1023) (18) Michael Hays, Acting Director submitted a Staff Report dated Assessment District No. 1023. of Public Works/City Engineer, January 14, 1998, concerning Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that all bids relative to the maintenance of landscaping for Assessment District No. 1023 in the Elm and Coulston area be rejected. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.76.070 (B) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO AN APPEAL TO THE MAYOR AND COMMON COUNCIL FROM A DECISION OF THE BUREAU OF FRANCHISES. First (21) City Attorney Penman explained the provisions of said ordinance. Council Member Curlin made a motion that the matter be continued to the Mayor and Council meeting of February 2, 1998. The motion failed for lack of a second. A discussion ensued regarding the appeal process for the Bureau of Franchises. Council Member Anderson made Member Oberhelman, and unanimously laid over for final adoption. a motion, seconded by Council carried, that said ordinance be 8 1/26/1998 ESTABLISH ADMINISTRATIVE ANALYST I POSITION DISASTER PREPAREDNESS REPRESENTATIVE POSITION DEPARTMENT RETITLE ALL CITY ADMINISTRATIVE POSITIONS TO ADMINISTRATIVE ANALYST II DELETE FIRE ANALYST (22) Ed Raya, Acting Director of Personnel, submitted a Staff Report dated January 15, 1998, concerning positions within the Fire Department. Council Member Oberhelman made a motion, seconded by Council Member Anderson, that the position of Administrative Analyst I, Range 4350, $2,543-$3092/month, be established; that the position of Disaster Preparedness Representatlve, Range 1296, $1,943- $2,362/month, be deleted; that the position of Administrative Analyst be retitled as Administrative Analyst II at the current salary range, Range 4380, $2, 954-$3 , 591/month; and that the Personnel Department be directed to update Resolution 97-244 and amend Resolution 6413, Section 14, to reflect this particular action. The motion carried by the follow~ng vote: Ayes: Members Negrete, Arias, Oberhelman, Devlin, Anderson, Nays: Council Member Curlin. Absent: None. Council Miller. DETERMINE PUBLIC CONVENIENCE & NECESSITY - TYPE-40 LIQUOR LICENSE - NATIONAL ORANGE SHOW - 689 SOUTH "En STREET (81) Michael E. Hays, Director of Planning and Building Services, submitted a Staff Report dated January 22, 1998, concerning a liquor license for the National Orange Show. Director Hays explained the need for the type-40 liquor license. Council Member Negrete made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council determine that the public convenience and necessity is served and direct Planning and Building Services to send a letter to the Department of Alcoholic Beverage Control for a type-40 liquor license for the National Orange Show, 689 South nE" Street. RECESS MEETING At 9:49 a.m., Mayor Pro Tern Miller declared a ten-minute recess. RECONVENE MEETING At 1 0: 0 0 a. m., Mayor Pro Tem Mi ller reconvened regular meeting of the Mayor and Common Council and Development Commission of the City of San Bernardino. the joint Community 9 1/26/1998 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tern Miller; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. PUBLIC HEARING IMPOSE LIENS REAL UNCOLLECTED BUSINESS REGISTRATION FEES PROPERTY (19) Rachel Clark, City Clerk, submitted a Staff Report dated January 7, 1998, concerning liens on real property within the city. Mayor Pro Tem Miller opened the hearing. No public comments were received. RES. 98-23 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (19) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 98-23 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER NO. 4516 - 1999 NORTH "E" STREET - NAAIL N. ANWYA (20) Linda Lowry, Interim Manager of the Code Compliance Division, submitted a Staff Report dated January 16, 1998, concerning the property located at 1999 North "E" Street. Mayor Pro Tern Miller opened the hearing. Brandol Eads, Code Compliance Officer, provided a synopsis of the action taken relative to the property located at 1999 North "E" Street and displayed photographs of the condition of the property. Deputy City Attorney Coleman acknowledged that due process was served. Seth Thompson, Attorney with Redwine and Sherrill, 1950 Market Street, Riverside, CA, requested that the Mayor and Council not uphold the order of the Board of BuildiGg Commissioners because the appellant never received any notices at his home in Fontana. He 10 1/26/1998 further stated that while the appellant was at the property, he received a notice and one week later he attempted to make corrective action; however, his file could not be found and the Department of Planning and Building Services could not tell him whether any permits were required. Prior to the demolition of the property, the structure was being rehabIlitated and it was clearly not abandoned. Code Compliance Officer Eads answered questions regarding the dates of the pictures shown within the slide presentation given by staff. Attorney Thompson pointed out that within the code compliance file, a picture exists which was not shown, which demonstrates that the structure was being rehabilitated. A discussion ensued concerning the actions taken by the city to ensure due process. City Attorney Penman noted that said photograph was presented to the Mayor and Council and questioned Mr. Thompson whether the picture was the photograph in question. Mr. Thompson assented that the picture was the one he made reference to. City Attorney Penman questioned staff as to whether the exterior improvements were notable and whether or not the interior was inspected. After further discussion, it was requested that the matter be continued to the Mayor and Council meeting of February 2, 1998. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to the Mayor and Council meeting of February 2, 1998. RECESS MEETING At 10:36 a.m., Mayor Pro Tern Miller recessed the meeting to 11:00 a.m., in the Council Chambers of City Hall. RECONVENE MEETING At 11:02 a.m., Mayor Pro Tern Miller reconvened regular meeting of the Mayor and Common Council and Development Commission of the City of San Bernardino. the joint Community ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tern Miller; Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller; Deputy City Attorney Coleman, City Clerk Clark, Planning and Building Services Director Hays. Absent: Council Member Curlin. 11 1/26/1998 PUBLIC HEARING - PLACARDS - DENOTE CONDITIONS - CONTINUED OCCUPANCY OF BUILDINGS AFTER A DISASTER - (Continued from December 1, 1997) (23) Michael E. Hays, Director of Planning and Building Services, submitted a Staff Report dated January 5, 1998, concerning the identification of buildings after a disaster. Mayor Pro Tern Miller opened the hearing. Director Hays gave a presentation regarding the placards to be used to identify the safety of buildings after a disaster. A discussion ensued concerning the print size of the placards and the state-wide use of the procedure. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 15.28.190 OF TITLE 15 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PLACARDS USED TO DENOTE CONDITIONS RELATING TO CONTINUED OCCUPANCY OF BUILDINGS AFTER A DISASTER. (Continued from December 1, 1997) First (23) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the public hearing be closed; and that said ordinance be laid over for final adoption. DEPUTY CITY ATTORNEY COLEMAN EXCUSED At 11:07 a.m., Deputy City Attorney Coleman left the council meeting and was replaced by City Attorney Penman. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO, OTHER AREA CITIES, AND FEDERAL AND STATE AGENCIES REGARDING THE DEVELOPMENT AND IMPLEMENTATION OF A HABITAT CONSERVATION PLAN. (24) A discussion ensued regarding the Habitat Conservation Plan and the species to be identified within the plan. Council Member Anderson made a motion that the matter be continued to the Mayor and Council meeting of February 2, 1998. The motion failed for lack of a second. Council Member Anderson made a motion that the hearing be closed. It was noted that a hearing was not being held, and the motion failed for lack of a second. 12 1/26/1998 Council Member Oberhelman made a motion, seconded Member Devlin, and unanimously carried, that the continued to the Mayor and Council meeting of February by Council matter be 16, 1998. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 97-06 CONDITIONAL USE PERMIT NO. 97-19 - VARIANCE NO. 97-15 - CHANGE LAND USE DESIGNATION - CCS-:, CENTRAL CITY SOUTH, TO CG-1, COMMERCIAL GENERAL - DRIVE-THRU LANE - 480 SOUTH "E" STREET - ALBERTO'S RESTAURANT (25) Michael E. Hays, Director of Planning and Building Services, submitted a Staff Report dated January 8, 1998 concerning Alberto's restaurant located at 480 South "E" Street. Mayor Pro Tern Miller opened the hearing. Director Hays provided a synopsis cE the action taken relative to General Plan Amendment No. 97-06, Conditional Use Permit No. 97- 19 and Variance No. 97-15 and answered questions pertaining to such. Paul Toomey, Toomey & Associations, regarding the proposed project. answered questions Ralph Nielson, fee owner of changes to be made to the existing proposed drive-thru window. the property, explained the structure to accommodate the RES. 98-24 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 97-06 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (25) Council Member Oberhelman made a motion, seconded by Council Member Devlin; that the hearing be closed; that said resolution be adopted; and that Conditional Use Permit No. 97-19 and Variance No. 97-15 be approved based on the findings of fact and subject to the conditions of approval and standard requirements. The motion carried and Resolution No. 98-24 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Curlin. RECESS MEETING At 11:36 a.m., Mayor Pro Tern Miller recessed the meeting to 2:00 p.m. in the Council Chambers of C~ty Hall. RECONVENE MEETING At 2:03 p.m., Mayor Pro Tern Miller reconvened regular meeting of the Mayor and Common Council and Development Commission of the City of San Bernardino. the joint Community 13 1/26/1998 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tern Miller; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle and Economic Development Agency Special Counsel Sabo, City Clerk Clark, Development Director Winkler. 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 At 2:03 p.m., Vice-Chairwoman Miller called to order the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing AutLority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. NOTE: Community Development Commlssion items which require action by the Mayor and Common Council are denoted by the letter "R" and are reflected herein. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Oberhelman 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 Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisitlon Joint Powers Financing Authority/San Bernardino Associated Comrr.unities Financing Authority and Mayor and Common Council, be waived. 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 this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items only. acting as the on Community DEVELOPMENT DIRECTOR WINKLER EXCUSED At 3:28 p.m., Development Director Winkler left the council meeting and was replaced by Planning and Building Services Director Hays. 14 1/26/1998 SENIOR ASSISTANT CITY ATTORNEY CARLYLE & ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO EXCUSED At 3: 28 p. m., Senior Assistant City Attorney Carlyle and Economic Development Agency Special Counsel Sabo left the council meeting and were replaced by City Attorney Penman. APPEAL HEARING PLANNING COMMISSION'S DENIAL CONDITIONAL USE PERMIT NO. 97-09 - 24,000 SQUARE FOOT BUILDING - NORTHWEST CORNER OF 16TH STREET & MEDICAL CENTER DRIVE CO-I, COMMERCIAL OFFICE, LAND USE DESIGNATION - BRIAN CASTER (26) Michael E. Hays, Director of submitted a Staff Report dated Conditional Use Permit No. 97-09. Planning and Building Services, January 15, 1998, concerning Brian Caster, Caster Family Enterprises, 4607 Mission Gorge Place, San Diego, CA, submitted a letter dated January 20, 1998, requesting a continuance to the Mayor and Council meeting of February 16, 1998. Lita Pezant, Chairperson, Northwest Redevelopment Project Area Committee, submitted a letter dated January 20, 1998, expressing approval of the denial of Conditional Use Permit No. 97-09. Harry L. Jacks submitted two letters dated January 26, 1998, opposing the continuance of the matter and asking that the public be given time to review any additional data submitted at the hearing. Council Member Devlin made a motion, seconded by Council Member Anderson, that the matter be continued to the Mayor and Council meeting of February 16, 1998. The motion carried by the followlng vote: Members Oberhelman, Devlin, Anderson, Miller. Members Negrete, Curlin, Arias. Absent: None. Ayes: Nays: Council Council 15 1/26/1998 ADJOURNMENT (27) At 3:33 p.m., the joint regular meeting adjourned. The regular meeting will be held on Monday, February 2, 1998, in Council Chambers of City Hall, 300 North "D" Street, Bernardino, California. next the San RACHEL G. CLARK City Clerk BY~~~ S zanna Cor ova eputy Clty Clerk No. of Items: 29 No. of Hours: 5 16 1/26/1998