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HomeMy WebLinkAbout03-01-1999 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MARCH 1, 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 8:03 a.m., Monday, March 1, 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, Devlin; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Schnetz, Anderson, Miller. City Attorney Penman announced that the following additional cases would be discussed in closed session: Thomas E. Williams & Crvstal Williams 'is. Citv of San Bernardino. City Council of the Citv of San Bernardino. and Does 1-25 - San Bernardino Superior Court Case No. SCV 33078; Manta Management Corporation vs. Citv of San Bernardino - Court of Appeals Case No. E019635 (Superior Court Case No. SCV 18157); Stubblefield Construction ComDanv. a California Corporation. and Stubblefield Properties. a California Limited Partnershio. vs. Citv of San Bernardino: Common Council of the Citv of San Bernardino: William R. Holcomb. Mavor: Esther Estrada. Jack Reillv. Jess Flores. Michael Maudslev. Tom Minor. Valerie Pope-Ludlam and Norine Miller. as members of the Common Council - Appellate Court Case No. E020341 (Superior Court Case No. SCV 252058); and Two cases pursuant to subsection (b) of Government Code Section 54956.9, significant exposure to litigation. - 1 - 3/1/1999 COUNCIL MEMBERS SCHNETZ & ANDERSON ARRIVED At 8:07 a.m., Council Members Schnetz and Anderson arrived at the Council meeting and took their places at the Council table. RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - pages 14 & 19) (1) At 8:08 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): Kenneth J. Henderson. et a!. vs. Economic Development Agencv of the Citv of San Bernardino. et a!. - Fourth Appellate District Court of Appeals Case No. E021852 (San Bernardino Superior Court Case No. SCV 16489). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b)(I); 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 Nel!otiator: Ed Raya, Human Resources Director EmDlovee Organizations: San Bernardino Police Officers Association (SBPOA) San Bernardino City Professional Fire Fighter's Local 891 F. Conference with real property negotiator pursuant to Government Code Section 54956.8. - 2 - 3/1/1999 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 8:08 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, Schnetz, Devlin, Anderson; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Miller. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorney Coleman, and Administrative Operations Supervisor Anderson, City Attorney's Office. COUNCIL MEMBER MILLER ARRIVED At 8:11 a.m., Council Member Miller arrived at the closed session. 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 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 Council and Community Development Commission were in closed session. DEPUTY CITY ATTORNEY COLEMAN EXCUSED At 8:16 a.m., Deputy City Attorney Coleman left the closed session. ADJOURN CLOSED SESSION At 8:55 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9:06 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. - 3 - 3/1/1999 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator 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 Estrada. APPOINTMENTS (2) There were no appointments at this meeting. PROCLAMATION - SAINT DAVID'S DAY - MARCH 1,1999(3) Teri Rubi, Executive Assistant to the Mayor, presented a resolution proclaiming March 1, 1999, as Saint David's Day in the City of San Bernardino to Attorney Rees Lloyd. PROCLAMATION 90TH ANNIVERSARY ASSOCIATION OF UNIVERSITY WOMEN AMERICAN (3) Executive Assistant to the Mayor Rubi presented a proclamation commemorating the 90th Anniversary of the American Association of University Women to Mildred McKim, a member of the organization. PROCLAMATION - CHILDREN'S SPINE FOUNDATION WEEK - MARCH 8-14, 1999 (3) Executive Assistant to the Mayor Rubi presented a resolution proclaiming the week of March 8-14, 1999, as Children's Spine Foundation Week to Thelma Haider, wife of Dr. Thomas T. Haider. PROCLAMATION - WOMEN'S HISTORY MONTH - MARCH 1999 (3) Teri Rubi, Executive Assistant to the Mayor, presented a resolution proclaiming the month of March 1999 as Women's History Month in the City of San Bernardino to Jan Wages, Administrative Assistant to the City Administrator. - 4 - 3/1/1999 CERTIFICATE OF APPRECIATION - TERRI CARLOS - LOANED EXECUTIVE FOR CITY'S 1998/99 ARROWHEAD UNITED WAY CAMPAIGN (3) Mayor Valles presented a certificate of appreciation to Terri Carlos, loaned executive for the City's 1998/99 Arrowhead United Way Campaign, acknowledging her hard work, which resulted in the City of San Bernardino recapturing from the City of Rialto the Mayor's Challenge Trophy for having had the highest level of contributions. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz stated that he had attended a farewell dinner in honor of Harold Willis, ex-Chairman of the City's Board of Water Commissioners, who served as a member of the commission for thirty-five years. He also announced that there would be a clean-up day in the Fourth Ward and portions of the Seventh Ward on Saturday, March 6, at Del Vallejo Middle School on Lynwood Drive. ANNOUNCEMENTS - COUNCIL MEMBER MC GINNIS (4) Council Member McGinnis thanked those residents who recently participated in the Third Ward clean-up day; and in particular, Judy Bebee, who helped to organize the event and distributed fliers throughout the various neighborhoods. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien commented on a recent RAVE party that had created a disturbance in the Second Ward, stating that a meeting would be held at the Tropicana Mobile Home Park to determine what happened and take measures to ensure there is not another such party. Mrs. Lien announced a meeting in the MIC Room on Thursday to discuss possible uses for a vacant building located at Gilbert and Parkside; and commended the San Bernardino Community Against Drugs for the youth conference they sponsored the previous Saturday. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada stated that she had participated in a Chamber of Commerce briefing relative to the work Caltrans is doing along the 215 Freeway and on Fifth Street, and she had invited Dennis Green from Caltrans to present a briefing on these two projects. Mr. Green stated that on Interstate 215, Caltrans is building auxiliary lanes. He noted that the 163 palm trees which have been removed will be brought back and replanted when the project is completed. The second project involves the rehabilitation - 5 - 3/1/1999 of a section of Route 66 from Rancho Avenue to "H" Street, where Caltrans will be improving 64 intersections by bringing them up to the standards imposed by the Americans with Disabilities Act (ADA) and installing new asphalt paving. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin stated that on March 13 the Verdemont Neighborhood Association, along with the Kendall Hills Association, would host a clean-up day at Little League Headquarters. He thanked Nick Gonzales of the Mayor's Office for coordinating the clean-up programs throughout the city. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson thanked Council Member Devlin for allowing the Sixth Ward to participate in the Fifth Ward's clean-up day. Mrs. Anderson stated that for 2 1/2 years she has been involved with City of Readers, reading every Wednesday to students at California School. She encouraged others to become involved in this very worthwhile cause and said "hello" to her third-grade students. ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4) Council Member Miller announced that the Seventh Ward had cleaned up 34 '12 tons of refuse. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles made the following announcements: Huell Howser, producer of PBS-TV's "California Gold Show" was in San Bernardino to film the city's historic Santa Fe Depot. He loved the depot and promised to return and film a sequel when the restoration project is complete. Beginning in April, the public comments portion of the Mayor and Council/Community Development Commission meeting will be moved to a different time on the agenda. Thanked San Bernardino Community Against Drugs for the Youth to Youth Conference. Encouraged support of the local youth concerts and productions presented at Sturges Auditorium. - 6 - 3/1/1999 ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman briefed the Mayor and Council regarding information presented at a meeting sponsored by the League of California Cities relative to the Political Reform Act and giving advice on conflict of interest matters. He ended by stating that the position of the San Bernardino City Attorney's Office is, and always has been, that they will give conflict of interest advice; however, that advice and comments made by the Mayor and Council are public and not considered confidential. PUBLIC COMMENTS - JOHN FUTSCHER (5) John Futscher of Data 911, 5863 Cedar Mountain Drive, Alta Loma, CA, expressed concern that a recent bid submitted by his company was misinterpreted by the Purchasing Department. He stated that their bid was actually $426.65 less than the awarded contract, and although they were not filing a formal complaint he wanted the Mayor and Council to be aware of the matter. PUBLIC COMMENTS - JAIME ALVAREZ, ELENA LABASTIDA, EUNICE ALVAREZ (5) Jaime Alvarez, President of Alvarez & Associates, and Elena Labastida and Eunice Alvarez of Alvarez & Associates, 201 North "E" Street, San Bernardino, CA, submitted a written declaration of Porfirio Reyes Beltran regarding an interrogation of him by Police Detective William G. Rogers, Fire Department Investigator Kevin Whittaker, and a translator, Irma Casillas. Said interrogation was regarding the home Mr. Beltran purchased from Alvarez & Associates, and a tape recording of pertinent parts of the interrogation was played during the public comments time allotted to Mr. Alvarez, Ms. Labastida, and Ms. Alvarez. PUBLIC COMMENTS - IRVING ALKANA (5) Irving Alkana, owner of AAA Florist, 287 East Highland Avenue, San Bernardino, CA, asked the Mayor and Council for help, stating that he was recently hospitalized because his neighbor continually runs a diesel motor next to his place of business which spews diesel gasoline and fumes and is making him sick. PUBLIC COMMENTS - ROBERT GAINES, SR. (5) Robert Gaines, Sr., 16038 Venango Road, Apple Valley, CA, a representative of several different constituencies throughout the county and state, commented on the Jaime Alvarez matter, stating that many people are unaware that this case grew out of a request by Mr. Alvarez for an investigation of a fire on one of his properties that he didn't even have insured. Mr. Alvarez had nothing financial to gain, and Mr. Gaines - 7 - 3/1/1999 did not understand how this egregious investigation of Mr. Alvarez's company came out of him trying to find the arsonist who burned down one of his properties. PUBLIC COMMENTS - STEVEN FIGUEROA (5) Steven Figueroa, National Vice President of the Mexican-American Political Association (MAPA), P.O. Box 3202, Victorville, CA, submitted copies of letters he had written to Dennis Stout, San Bernardino County District Attorney, and Michael Gennaco, Assistant U.S. Attorney with the U.S. Department of Justice, asking for an investigation and filing a complaint against the San Bernardino Police and Fire Departments for alleged discrimination, violation of civil rights, etc., of low income Latinos. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Devlin made a motion, seconded by Council Member Miller, 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. COUNCIL MINUTES (7) Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: November 16, 1998; December 7, 1998; February 18, 1999. CLAIMS & PAYROLL (8) Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated February 23, 1999, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (9) Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated February 24, 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 - 3/1/1999 ORD. MC-I042 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING THIRTY-FIVE MILE PER HOUR SPEED LIMITS ON HILL DRIVE BETWEEN MAGNOLIA AVENUE AND "E" STREET, ORANGE STREET BETWEEN HIGHLAND AVENUE AND PIEDMONT DRIVE AND FOOTHILL DRIVE BETWEEN DEL ROSA AVENUE AND STERLING AVENUE. Final (12) RES. 1999-35 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A GROUND LEASE WITH CALIFORNIA GOLF HOLDINGS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, RELATING TO CERTAIN PROPERTY LOCATED 290.00 FEET NORTH OF THE NORTHWEST CORNER OF HIGHLAND A VENUE AND ORANGE STREET. (14) Note: Resolution was not distributed with the backup material and will not be available for reference. RES. 1999-36 - RESOLUTION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING SUBMITTAL OF WASTE TIRE ENFORCEMENT GRANT APPLICATION. (16) Council Member Devlin made a motion, seconded by Council Member Miller, that said ordinance and resolutions be adopted. Ordinance No. MC-I042 and Resolution Nos. 1999-35 and 1999-36 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 1999-37 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION FOR THE 1999 TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION PILOT PROGRAM FOR THE PURPOSE OF DEVELOPING A SANTA FE DEPOT AREA PLAN. (10) Council Member Lien stated that she would like to suggest other partnerships that should be involved. Council Member Anderson made a motion, seconded by Council Member Devlin, that said resolution be adopted. - 9 - 3/1/1999 Resolution No. 1999-37 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 1999-38 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING INCREASES TO PURCHASE ORDERS TO WEED ABATEMENT CONTRACTORS FOR WEED ABATEMENT SERVICES REQUIRED BY THE CODE COMPLIANCE DIVISION OF THE CITY OF SAN BERNARDINO. (11) Discussion ensued regarding the need to estahlish a comprehensive list of local contractors to notify the next time the weed abatement contracts come up for bid. Council Member Devlin made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 1999-38 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 1999-39 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (1999/03) FOR MEASURE "I" LOCAL EXPENDITURES. (13) Council expressed concern that there was no way to determine in which ward the projects were located and discussed possible continuation of the matter. Michael Hays, Director of Development Services, explained that this was simply a sub-component of the Capital Improvement Program already adopted by the Council that needed to be submitted to the San Bernardino Associated Communities Financing Authority (SANBAC) as soon as possible. City Administrator Wilson indicated that staff would be scheduling a capital improvement budget workshop with the Council in the near future; however, today was the deadline for submitting this item to SANBAC. Council Member Devlin made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 1999-39 was adopted by the following vote: Members Estrada, Lien, McGinnis, Schnetz, Devlin, Miller. Nays: Anderson. Absent: None. Ayes: Council Council Member - 10- 3/1/1999 Council Member Anderson requested that staff send her the information regarding the ward location of said projects. RES. 1999-40 RESOLUTION OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 98-88 AND AMENDING RESOLUTION 6413, SECTION THIRTEEN, TEMPORARY/PART-TIME EMPLOYEES, ENTITLED IN PART A "RESOLUTION . . .ESTABLISHING A BASIC COMPENSATION PLAN. . ." BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS. (15) Discussion ensued regarding the number of hours part -time employees are allowed to work before being required to enroll in the Public Employees Retirement System and whether an employee could be part-time for an unlimited duration of time. City Administrator Wilson explained that any employee that works more than a thousand hours a year must be enrolled in the Public Employees Retirement System (PERS). At one time City employees were working 30-35 hours per week in a part- time capacity, so this rule was put into place to help address that. He noted that current part-time employees are actually hired to work a limited number of hours. Ed Raya, Director of Human Resources, answered questions regarding the current hiring practices relative to part-time employees. Council Member Estrada made a motion, seconded by Council Member Schnetz, that said resolution be adopted. Resolution No. 1999-40 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin. Anderson, Miller. Nays: None. Absent: None. APPEAL HEARING - CONDITION NO. ONE - DINE & DANCE/LIVE ENTERTAINMENT PERMIT - BAJA BROILER - 245 EAST REDLANDS BOULEVARD - SCOTT MANN (17) Lee Dean, Chief of Police, submitted a staff report dated February 22, 1999, regarding the conditions recommended by the Police Department for issuance of a Dine and Dance/Live Entertainment Permit for the Baja Broiler located at 245 East Redlands Boulevard. Submitted into the record was a memorandum dated March 1, 1999, addressed to Fred Wilson, City Administrator, from Wayne Harp, Assistant Chief of Police, which provided background information on the chain of events which led to the Police - 11 - 3/1/1999 Department approving the request for a live entertainment permit and an operator's permit for the Baja Broiler. Attached to the memorandum was a copy of a letter from Scott Mann of Baja Broiler withdrawing his appeals to both the City Council and the Police Commission regarding initial denial of his entertainment license and operator's permit. Council Member Anderson made a motion. seconded by Council Member Miller, and unanimously carried, that the matter be tabled. RES. 1999-41 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING FOR A REGIONAL AIRPORT PLAN FOR SOUTHERN CALIFORNIA. (23) Mayor Mike Gordon of EI Segundo and Dennis Zane, Senior Vice President of Gladstein & Associates, made a presentation regarding a Regional Airport Plan for Southern California and requested that the Council support this effort by adopting said resolution. Council Member Devlin made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 1999-41 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. DISCUSSION - POSSIBLE ACTION - WIND DAMAGE - 3000 BLOCK OF OHIO AVENUE (18) Council Member Devlin submitted a staff report dated February 22, 1999, regarding damage sustained by residents of the 3000 block of Ohio A venue on Thursday, February 11, when high winds blew items from the Michael John Enterprises housing construction project into their yards and homes. Council Member Devlin provided background information on the matter, stating that on February 15 the contractor was cited for noncompliance; however, during the interim period there had been a meeting among City staff, the contractor, and representatives from the contractor's insurance company. He stated that he wanted to see the contractor brought into compliance and the residents who sustained damage made whole. Brad White, 3035 West Ohio Avenue, San Bernardino, CA, also speaking on behalf of Mr. & Mrs. Martinez, 3025 West Ohio Avenue, and Mr. and Mrs. Boegli, 3015 West Ohio Avenue, provided a detailed synopsis of the conditions and - 12 - 3/1/1999 occurrences during the past 28 months that Michael J. Enterprises has been actively working to develop the Verdemont Estate homes in the area of Escena, Garfield, Ridgeline and Ohio Avenue and submitted several photos regarding same. He ended by stating that the residents wanted the City to take action to stop future occurrences of this type and to see that the codes are rigidly adhered to by the developer. He stated that they would also like the City to make restitution to the residents and then go after the contractor. Michael Geber, President of Michael John Enterprises, stated that his company had been in compliance with City regulations, that they had never been cited, and they had taken whatever measures necessary to mitigate the problems cited by Mr. White. According to Mr. Geber, he had done everything possible to be a good neighbor and resolve these issues. Michael Hays, Director of Development Services, stated that he felt the City needed to make sure that the site is maintained in a proper fashion and somehow find a way to assist the property owners. He outlined the measures taken by the City to provide immediate assistance to the homeowners, stating that staff had also tried to facilitate dialogue between the developer and the property owners. He stated that a grading bond and a performance bond had been posted by the contractor, but whether those could be pulled as suggested by some of the interested parties, he was not sure. Mr. Hays stated that he felt the City would have to be involved in any resolution of this matter. City Attorney Penman stated that his office had been contacted by Council Member Devlin, and they in turn had scheduled a meeting with Development Services Director Hays and Mr. Geber's representative on February 18. He stated that he personally had spoken with Mr. Geber's insurance representative, Michael Maudsley, to try and get assistance. They felt the meeting went well with all concerned. However, he took umbrage at Mr. Geber's comments, stating that in fact Mr. Geber had not been a good neighbor--that he's had property at this location for some time and residents have been complaining for some time. He continued by stating that Mr. Geber had not done what he should have done and had not taken the precautions he should have taken--that he should have had a water truck at the site and the pallets that blew all over should have been removed. Mayor Valles stated that she would ask that all of the participants work together to resolve this problem, if at all possible. Council Member Devlin stated that he would like very much for Mr. Geber's project to be completed, but he would also like to see the residents made whole for the damage already done. - 13 - 3/1/1999 Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be continued to March 15, 1999. (Note: The motion was made and approved with the understanding that a meeting would take place in the meantime between City staff, the developer, and the residents.) PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 98-07 - FROM RMH, RESIDENTIAL MEDIUM HIGH - TO PCR, PUBLIC COMMERCIAL RECREATION - 21 ACRES - LOCATED BETWEEN HIGHLAND AVENUE, ARDEN AVENUE, ALLEY SOUTH OF 20TH STREET & GUTHRIE STREET (21) City Attorney Penman announced that the Council needed to go into closed session under Agenda Item l.B. prior to discussing Agenda Item 21. RECESS MEETING - CLOSED SESSION later in the meeting - see pages 2 & 19) At 11:32 a.m., the Mayor and Council and Commission recessed to closed session for the following: (Discussed earlier and (1) Community Development Pursuant to Government Code Section: 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. CLOSED SESSION At 11 :32 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll was taken by City Clerk Clark with the following being present: Mayor Valles: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Also present: Deputy City Attorney Empeno and Administrative Operations Supervisor Anderson, City Attorney's Office; Director of Development Services Hays and Principal Planner Ross, Development Services Department. ADJOURN CLOSED SESSION At 11:40 a.m., the closed session adjourned to the Council Chambers of City Hall. - 14 - 3/1/1999 RECONVENE MEETING At 11 :40 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 can was taken by City Clerk Clark with the following being present: Mayor Valles; 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. 98-07 - FROM RMH, RESIDENTIAL MEDIUM HIGH - TO PCR, PUBLIC COMMERCIAL RECREATION - 21 ACRES - LOCATED BETWEEN HIGHLAND AVENUE, ARDEN AVENUE, ALLEY SOUTH OF 20TH STREET & GUTHRIE STREET (21) Michael E. Hays, Director of Development Services, submitted a staff report dated February 11, 1999, regarding General Plan Amendment No. 98-07, to amend the General Plan land use designation for 21 acres bounded by Highland Avenue, Arden A venue, the alley south of 20'h Street, and Guthrie Street. Also submitted was an inter-office memorandum dated February 9, 1999, from Economic Development Agency Executive Director Van Osdel to Development Services Director Michael Hays regarding the Arden-Guthrie Rezoning. Mayor Valles opened the hearing. Valerie Ross, Principal Planner, provided an overview of the Arden-Guthrie area and the rationale for designating the property as PCR, Public Commercial Recreation. Discussion ensued regarding the various uses covered under the PCR designation. Ms. Ross noted that any type of sporting or recreational type of use would be allowed, whether active or passive. It was noted that said designation would also include ancillary uses such as restaurants and hotels. Deputy City Attorney Empeno pointed out that Development Code Section 19.10.010(2) designates a variety of uses for PCR. The following individuals expressed concern and/or opposition to the proposed change in land use designation and requested a meeting with staff to discuss what is being planned for the area prior to action being taken on the matter: - 15 - 3/1/1999 Stefanie Cease, 673 West Home Street, San Bernardino, CA. Keith Reno, 1400 Edgehill Road #38, San Bernardino, CA. Nancy L. Maloy, owner of approximately nine properties in the area. Jim Machuta, 25641 Pasito Street, San Bernardino, CA. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the public hearing be closed. Council Member Miller commented on the magnitude of the problems in the Arden-Guthrie area, stating that the City must get a handle on it or risk losing the soccer activities. She stated unequivocally that there was no developer waiting in the wings to develop a project at this time. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 12:07 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. City Attorney Penman explained how Arden-Guthrie at one time had been a dumping ground for parolees out of Los Angeles. Subsequently, the City had made the decision to clean up the area, crime is now down, and even though it cost a great deal of money, the area is now at a point where the City can proceed with other plans for its development. CITY ATTORNEY PENMAN EXCUSED At 12:10 p.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Empeno. Discussion ensued regarding the fact that the property owners did not feel that they had been involved or informed in the redevelopment of the Arden-Guthrie area. Council Member Miller stated that if anyone wanted to meet with her she would be happy to do so. She stated that she would set up a meeting for the following week and asked for a list of the names of those individuals who would be interested in attending. RES. 1999-42 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 98-07 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM RMH, RESIDENTIAL MEDIUM HIGH, TO PCR, PUBLIC COMMERCIAL RECREATION, FOR 21 ACRES BOUNDED BY HIGHLAND AVENUE, ARDEN AVENUE, THE ALLEY SOUTH OF 20TH STREET, AND GUTHRIE STREET. (21) - 16 - 3/1/1999 Council Member Miller made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 1999-42 was adopted by the following vote: Ayes: Members Estrada, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: Member Lien. Absent: None. Council Council COUNCIL MEMBERS MC GINNIS & MILLER EXCUSED At 12:20 p.m., Council Members McGinnis and Miller left the Council meeting. DETERMINE PUBLIC CONVENIENCE OR NECESSITY ALCOHOLIC BEVERAGE CONTROL (ABC) - TYPE 20 (OFF-SITE BEER & WINE) LIQUOR LICENSE - MACFRUGAL'S BARGAINS CLOSEOUTS - 1269 NORTH WATERMAN AVENUE - CG-2 DISTRICT (22) Michael E. Hays, Director of Development Services, submitted a staff report dated February 16, 1999, regarding a Type 20 Liquor License for MacFrugal's Bargains Closeouts located at 1269 N. Waterman Avenue. Council Member Devlin 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 20 Off-Site Beer and Wine License at 1269 North Waterman Avenue subject to the Police Department's conditions of approval. RES. 1999-43 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. ONE TO THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH DMJM, INC., FOR THE RESIDENT ENGINEER'S SERVICES FOR ORANGE SHOW ROAD EXTENSION. (19) Council Member Anderson made a motion, seconded by Council Member Lien, that said resolution be adopted. Resolution No. 1999-43 was adopted by the following vote: Ayes: Members Estrada, Lien, Schnetz, Devlin, Anderson. Nays: None. Absent: Members McGinnis, Miller. Council Council - 17 - 3/1/1999 COUNCIL MEMBER MILLER RETURNED At 12:23 p.m., Council Member Miller returned to the Council meeting and took her place at the Council table. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 12:23 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. RES. 1999-44 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SEAN MALEK ENGINEERING & CONSTRUCTION, INC., FOR THE WIDENING OF RlALTO BRIDGE AT TWIN CREEK PER PLAN NO. 9726. (Continued from February 15, 1999) (20) Development Director Hays stated that his staff had contacted other cities and jurisdictions, and they had all advised that they had no problems with this contractor and would rehire him. Council Member Anderson made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 1999-44 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Schnetz, Anderson, Miller. Nays: Council Member Devlin. Absent: Council Member McGinnis. ANNOUNCEMENTS - MAYOR V ALLES (4) Prior to recessing the meeting, Mayor Valles thanked City Administrator Wilson and the Council for all their help and cooperation during her first year as Mayor. RECESS MEETING At 12:26 p.m., Mayor Valles recessed the meeting to the Economic Development Agency Board Room for a luncheon workshop. RECONVENE MEETING At 12:46 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California. - 18 - 3/1/1999 ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Miller; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Member Anderson. LUNCHEON WORKSHOP - YEAR 2000 CENSUS (24) Mayor Valles introduced Larry Hamilton, Manager of the San Bernardino Local Census Office, and Diana Turley, Area Manager of the Regional Census Center in Van Nuys, California. She stated that she had asked Nick Gonzales of her staff to coordinate the census efforts throughout the city. Mr. Hamilton and Ms. Turley provided an overview of what the census effort in San Bernardino would entail and answered questions regarding same. Mr. Hamilton stated that the key element was going to be outreach, and it was his plan to dedicate the necessary resources to the fulfillment of this project. CITY ATTORNEY PENMAN ARRIVED At 1:05 p.m., City Attorney Penman arrived at the luncheon workshop. Discussion ensued relative to what the City could do to help the Census Office with this monumental task, and Ms. Turley stated that the biggest thing would be to get the word out that they are trying to get the population counted. Mayor Valles noted that last time the census count was done, San Bernardino was undercounted by approximately 6,000 people. ADJOURN LUNCHEON WORKSHOP At 1:56 p.m., the luncheon workshop adjoumed to the joint regular meeting of the Mayor and Common Council and Community Development Commission. RECONVENE MEETING At 1:56 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino in the Economic Development Agency Board Room. RECESS MEETING - CLOSED SESSION (Discussed earlier in the meeting - pages 1 & 14) (1) At 1:56 p.m., the Mayor and Council and Community Development Commission recessed to closed session for the following: - 19 - 3/1/1999 Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Kenneth J. Henderson. et a!. vs. Economic Development Agencv of the Citv of San Bernardino. et a!. - Fourth Appellate District Court of Appeals Case No. E021852 (San Bernardino Superior Court Case No. SCV 16489): Thomas E. Williams & Crvstal Williams vs. Citv of San Bernardino. Citv Council of the Citv of San Bernardino. and Does 1-25 - San Bernardino Superior Court Case No. SCV 33078; Manta Management C01:poration vs. Citv of San Bernardino - Court of Appeals Case No. E019635 (Superior Court Case No. SCV 18157); Stubblefield Construction ComDanv. a California Corporation. and Stubblefield Properties. a California Limited PartnershiD. vs. Citv of San Bernardino: Common Council of the Citv of San Bernardino: William R. Holcomb. Mavor: Esther Estrada. Jack Reillv. Jess Flores. Michael Maudslev. Tom Minor. Valerie PODe-Ludlam and Norine Miller. as Members of the Common Council - Appellate Court Case No. E020341 (Superior Court Case No. SCV 252058). 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: two cases. C. Conference with legal counsel - anticipated litigation - Imtlatlon 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, Director of Human Resources - 20- 3/1/1999 EmDlovee Organizations: San Bernardino Police Officers Association (SBPOA) San Bernardino City Professional Fire Fighter's Local 891 F. Conference with real property negotiator pursuant to Government Code Section 54956.8. 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 1 :56 p.m., Mayor Valles called the closed session to order in the Economic Development Agency Board Room. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member Anderson. Also present: Senior Assistant City Attorney Carlyle, Deputy City Attorney Easland, and Edna Anderson, Administrative Operations Supervisor, City Attorney's Office; Director of Human Resources Raya; and Director of Finance Pachon. COUNCIL MEMBER ANDERSON ARRIVED At 2:09 p.m., Council Member Anderson arrived at the closed session. DIRECTOR OF FINANCE PACHON AND DIRECTOR OF HUMAN RESOURCES RAY A EXCUSED At 3:11 p.m., Director of Finance Pachon and Director of Human Resources Raya left the closed session. DEPUTY CITY ATTORNEY EASLAND EXCUSED At 3:13 p.m., Deputy City Attorney Easland left the closed session. COUNCIL MEMBERS ESTRADA & MILLER EXCUSED At 3:17 p.m., Council Members Estrada and Miller left the closed session. - 21 - 3/1/1999 ADJOURN CLOSED SESSION/MEETING (1 & 25) At 3: 18 p. m., the closed session and joint regular meeting of the Mayor and Common Council and Community Development Commission was adjourned to 4:00 p.m., Tuesday, March 2, 1999, in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk By ~ 8.1J4J Linda E. Hartzel Deputy City Clerk No. of Items: 25 No. of Hours: 7 hours - 22- 3/1/1999