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HomeMy WebLinkAbout05-03-1999 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 3, 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 8:00 a.m., Monday, May 3,1999, 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, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Members Schnetz, Miller. RECESS MEETING - CLOSED SESSION (1) At 8:00 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): State of California ex reI. Stull vs. California Bank of America NT&SA - San Francisco Superior Court Case No. 968-484; Kenneth J. Henderson. et al. vs. Economic Develooment Agencv of the Citv of San Bernardino. et al. - Fourth Appellate District Court of Appeals Case No. E021852 (San Bernardino Superior Court Case No. SCV 16489); Kenneth J. Henderson and David R. Edgar vs. Economic Develooment Agencv of the Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 38695; Kathleen Revnolds vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 33562; I 5/3/1999 San Bernardino Hotel/Motel Association vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 46722; Manta Management Com. vs. Citv of San Bernardino - Court of Appeals Case No. E019635 (San Bernardino Superior Court Case No. SCV 19157); Pete Tavlor. et al. vs. Citv of San Bernardino - United States District Court Case No. CV 99-2138NM(CTx). 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 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 8:01 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, Devlin, Anderson; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Members Schnetz, Miller. 2 5/3/1999 Also present: Senior Assistant City Attorney Simmons, Deputy City Attorneys Coleman and 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. CITY ATTORNEY PENMAN ARRIVED At 8:06 a.m., City Attorney Penman arrived at the closed session. COUNCIL MEMBER MILLER ARRIVED At 8:08 a.m., Council Member Miller arrived at the closed session. COUNCIL MEMBER SCHNETZ ARRIVED At 8:13 a.m., Council Member Schnetz arrived at the closed session. ADJOURN CLOSED SESSION At 8:24 a.m., the closed session adjourned to 9:00 a.m., in the Council Chambers of City Hall. RECONVENE MEETING At 9:02 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: None. INVOCATION The invocation was given by Sister Marita Beumer of St. Bernardine's Catholic Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Anderson. 3 5/3/1999 APPOINTMENTS (2) There were no appointments at this meeting. PRESENTATION 40TH ANNIVERSITY SISTER CITY AFFILIATION - TACHIKAWA, JAPAN - CITIZENS AWARD (3) On behalf of Mayor Hisashi Aoki of Tachikawa, Japan, Council Member Anderson presented the Citizens Award to Mayor Valles in recognition of the 40th anniversary of the sister city affiliation between San Bernardino and Tachikawa, Japan. Council Member Anderson noted that when San Bernardino's delegate visited Tachikawa in April, Mrs. Sawatari, Chairwoman of the Tachikawa, Japan Sister City Committee, presented certificates of appreciation to Mr. & Mrs. Lou Press and Mr. & Mrs. Bob Beck who were recognized for their contributions and support of the sister city affiliation. PRESENTATION CERTIFICATES "TICKTOCKERS" AMBASSADOR OF NATIONAL CHARITY GOOD WILL LEAGUE (3) Mayor Valles presented Ambassador of Good Will Certificates to the following representatives of the National Charity League known as the "Ticktockers": Peytra Michelle Becker, Redlands High School Robyn Leigh Gleason, San Gorgonio High School Ashley Anne Hackman, San Gorgonio High School Kelly Marie Lambie, San Gorgonio High School Brigit Corene Lara, San Bernardino High School Lisa Marie Merrell, Pacific High School Lindsi Aaron Parnel, San Gorgonio High School Aubrey Anne Terrell, Yucaipa High School Gwenn Elizabeth Thompson, Yucaipa High School The young ladies contributed 19,951 hours of philanthropic service during their six years (7th through 12th grade) of membership and have volunteered their service to many local organizations. Ticktockers Chapter President Mrs. Karen Sakaguchi and Senior Class Advisor Mrs. Vickie Becker were also acknowledged for their leadership skills and hours of service. 4 5/3/1999 PROCLAMATION - OLDER AMERICAN MONTH - MAY 1999 (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring May 1999, as "Older American Month" within the City of San Bernardino. Oscar Perrier, Senior Recreation Supervisor for the Parks, Recreation and Community Services Department; and Dorris Ballard, Chairwoman of the Senior Affairs Commission, accepted the proclamation. PROCLAMATION - MENTAL HEALTH MONTH - MAY 1999 (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring May 1999, as "Mental Health Month" within the City of San Bernardino. PROCLAMATION - LAW ENFORCEMENT RECOGNITION DAY - MAY 13,1999 (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring May 13, 1999, as "Law Enforcement Recognition Day" within the City of San Bernardino. Judi Penman, Executive Director, and Jack Hill, Vice President of Community Support, San Bernardino Area Chamber of Commerce, accepted the proclamation. PROCLAMATION - NATIONAL NURSING HOME WEEK - MAY 9-15, 1999 (3) Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring the week of May 9-15, 1999, as "National Nursing Home Week" within the City of San Bernardino. Patricia Webster, Kathy Gonzalez and Lynette Wiesner, Mountainside Healthcare Center, accepted the proclamation. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz announced that Saturday, May 4, 1999, is the next Fourth Ward Cleanup Day. The location of the dumpsters will be announced in the May 6th issue of the San Bernardino County Sun newspaper. 5 5/3/1999 ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis reviewed the activities of the Third Ward Cleanup Day held on Saturday, May I, 1999 and expressed his appreciation to staff and the many volunteers for their assistance. He also thanked Burrtec Waste Industries for inviting his son to the racetrack. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien stated that trees along Base Line A venue would be planted by May 15, and volunteers are still needed for the American Cancer Society Relay for Life to be held on May 15 and 16 at San Gorgonio High School. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin made the following announcements: 1) Fifth Ward Cleanup Day would be held on Saturday, May 15, 1999, on the west side parking lot of Cajon High School; and 2) May 15 and 16 is the annual SoapBox Derby event at the Western Regional Little League Headquarters, 74 vehicles have already been registered and kudos were extended to the many volunteers. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson thanked her colleagues for the support and assistance rendered while she was traveling. She expressed her appreciation for Reverend Jesse Jackson for his role in the release of the three prisoners of war. She announced that Charley Seymour would be celebrating his 55th wedding anniversary on June 15. In recognition of such, please do not send gifts. Send a $55 check to be applied to his programs -- Adopt A Bike and Rent A Computer Programs. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles made the following announcements: I. Positive comments have been rendered concerning the recent edition of the Citv News and applications for the Mayor's Neighborhood Pride Award have also been received. 2. Mrs. Thelma Press was acknowledged for her efforts with the sister city affiliation. Trips to Mexico City and Taiwan have been recently made. Mayor Valles reviewed the events associated with the trips. 6 5/311 999 3. Work on the review of the Charter will commence today. Meetings will be held with all parties affected and will be inclusive of all affected parties. Mayor Valles thanked Linda Hart from Inland Behavior Services for coordinating the cleanup drive at Tillie's Mortuary. 4. The Animal Control Department sponsored a pet faire in which 17 pets were adopted. 106 pets were adopted in the month of April. Mayor Valles encouraged the fair treatment and ownership of animals. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Anderson 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, San Bernardino Joint Powers Financing Authority, San Bernardino Park Acquisition Joint Powers Financing Authority and San Bernardino Associated Communities Financing Authority be waived. COUNCIL MINUTES (6) Council Member Anderson made a motion. seconded by Council Member Miller, 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: February 1, 1999; February 15, 1999. CLAIMS & PAYROLL (7) Council Member Anderson 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 April 13, 1999, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (8) Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions as submitted by the Chief Examiner, dated April 28, 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. 7 5/3/1999 AUTHORIZE STAFF TO PROCEED - STREET NAME CHANGE- FROM AUTO CENTER DRIVE TO AUTO CENTER ROAD (14) Michael E. Hays, Director of Development Services, submitted a staff report dated April 14, 1999, concerning a street name change from Auto Center Drive to Auto Center Road. Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the Director of Development Services be authorized to proceed with the street name change from Auto Center Drive to Auto Center Road. RES. 1999-75 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR CLASSROOM AND SWIM POOL IMPROVEMENTS AT BOYS AND GIRLS CLUB WITH SAN BERNARDINO COUNTY ECONOMIC AND COMMUNITY DEVELOPMENT. (16) Council Member Anderson made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 1999-75 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. SET LUNCHEON WORKSHOP - JUNE 7, 1999 - 12:00 NOON - ECONOMIC DEVELOPMENT AGENCY BOARD ROOM - 201 NORTH 'E' STREET - SAN BERNARDINO DOWNTOWN BUSINESS ASSOCIATION, INC. - DOWNTOWN PLAN - PROJECT FOR PUBLIC SPACES (9) Fred Wilson, City Administrator, submitted a staff report dated April 22, 1999, concerning a luncheon workshop to be held on June 7, 1999, relative to the Downtown Plan prepared by Project for Public Spaces. City Administrator Wilson explained that the Downtown Plan would be presented for informational purposes only. Council Member Lien made a motion, seconded by Council Member McGinnis, and unanimously carried, that a luncheon workshop be set for Monday, June 7, 1999, at 12 noon in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California. 8 5/3/1999 RES. 1999-76 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING THAT THE CITY OF SAN BERNARDINO'S MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 2, 1999, CONSOLIDATED ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. (10) Council inquired if the services for the potential run-off election were also included. A discussion ensued regarding the City Clerk's responsibility for the conduct of elections. Concern was expressed relative to the reduction of polling places designated by the County Registrar of Voter's Office and the effect on city residents. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-76 was adopted by the following vote: Members Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Member Estrada. Absent: None. Ayes: Nays: Council Council ORD. MC-I046 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.24.190 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROHIBIT COMMERCIAL VEHICLES ON "I" STREET BETWEEN TWENTY-THIRD STREET AND TWENTY -SEVENTH STREET, TWENTY -THIRD STREET BETWEEN LINCOLN DRIVE AND "I" STREET, TWENTY- FOURTH STREET BETWEEN LINCOLN DRIVE AND "I" STREET, TWENTY-FIFTH STREET BETWEEN LINCOLN DRIVE AND "I" STREET AND TWENTY-SIXTH STREET BETWEEN LINCOLN DRIVE AND "I" STREET. Final (11) Development Director Hays provided a synopsis of the complaints received to initiate the prohibition of commercial vehicles on certain portions of "I" Street. Council Member Miller made a motion, seconded by Council Member Schnetz, that said ordinance be adopted. Ordinance No. MC-1046 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin. Anderson, Miller. Nays: None. Absent: None. 9 5/3/1999 APPROVE PLAN NO. 9845 - AUTHORIZE ADVERTISEMENT FOR BIDS - INSTALL STREET TREES - HIGHLAND AVENUE FROM "E" STREET TO WATERMAN AVENUE (12) Michael E. Hays, Director of Development Services, submitted a staff report dated April 20, 1999, concerning the installation of street trees along Highland Avenue, from "E" Street to Waterman Avenue. Council expressed concern that all the wards were not given consideration. A discussion was held concerning the diligent work being done by the various neighborhood associations and the need to beautify the entire city. Director Hays answered questions regarding the allocation of funds. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council approve Plan No. 9845 and authorize the Director of Development Services to advertise for bids for the installation of street trees along Highland Avenue, from "E" Street to Waterman Avenue. APPROVE PLAN NO. 9969 - AUTHORIZE ADVERTISEMENT FOR BIDS - PAVEMENT REHABILITATION - HIGHLAND AVENUE FROM ROUTE 259 TO WATERMAN AVENUE (13) Michael E. Hays, Director of Development Services, submitted a staff report dated April 20, 1999, concerning the rehabilitation of pavement on Highland Avenue, from Route 259 to Waterman Avenue. Director Hays answered questions regarding the boundaries of the project, the five-year Capital Improvement Plan and the appropriation of funds. Council Member Lien made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Common Council approve Plan No. 9969 and authorize the Director of Development Services to advertise for bids for rehabilitation of pavement on Highland Avenue, from Route 259 to Waterman Avenue. RES. 1999-77 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SILVIA CONSTRUCTION, INC., FOR REHABILITATION OF MILL STREET, FROM MERIDIAN AVENUE TO MACY STREET, PER PLAN NO. 9922. (15) 10 5/3/1999 Michael Hays, Director of Development Services, answered questions regarding the bid process for services. Council recommended that the local vendor preference also apply to requests for services. Council Member Lien made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-77 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. PUBLIC HEARING - ADOPT 1998 CALIFORNIA BUILDING STANDARDS CODE & AMENDMENTS (17) Michael E. Hays, Director of Development Services, submitted a staff report dated April 21, 1999, concerning the adoption of the 1998 California Building Standards Code and amendments. Mayor Valles opened the hearing. No public comments were received. Director Hays explained the need for the adoption of the 1998 Edition of the California Building Standards Code and answered questions regarding the amendments and the affect on city regulations. 11 5/3/1999 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 15.04.020, 15.04.080B2, 15.1O.040B, AND ADDING SECTION 15.04.055 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 1998 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, KNOWN AS THE CALIFORNIA CODE OF REGULATIONS, TITLE 24 (CCR, T-24), INCORPORATING THE UNIFORM BUILDING CODE, 1997 EDITION, THE UNIFORM MECHANICAL CODE, 1997 EDITION, THE UNIFORM PLUMBING CODE, 1997 EDITION, THE NATIONAL ELECTRICAL CODE, 1996 EDITION; AND ADOPTING THE UNIFORM HOUSING CODE, 1997 EDITION, THE UNIFORM ADMINISTRATION CODE, 1997 EDITION, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION, AND AMENDING THOSE CALIFORNIA BUILDING STANDARDS, AS IDENTIFIED HEREIN, THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY. First (17) Council Member Anderson made a motion. seconded by Council Member Devlin, and unanimously carried, that the hearing be continued to 10:00 a.m., Monday, May 17, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California; and that said ordinance be laid over for final adoption. PUBLIC HEARING - ADOPT 1998 CALIFORNIA FIRE CODE - 1997 UNIFORM FIRE CODE (18) Larry R. Pitzer, Fire Chief, submitted a staff report dated May 3, 1999, concerning the adoption of the 1998 California Fire Code. Mayor Valles opened the hearing. No public comments were received. Dan Dickerson, Fire Marshall, answered questions concerning the amendments to the 1998 California Fire Code. Council requested the creation of a matrix to reflect the amendments and effect on current standards. 12 5/3/1999 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.16 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE CALIFORNIA FIRE CODE (1998) WITH APPENDICES, AND INCORPORATING BY REFERENCE THE 1997 EDITION OF THE UNIFORM FIRE CODE OF THE INTERNATIONAL FIRE CODE INSTITUTE WITH NECESSARY CALIFORNIA AMENDMENTS, TOGETHER WITH CALIFORNIA CODE OF REGULATIONS, TITLE 24, AND THE UNIFORM FIRE CODE STANDARDS (1997). First (18) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the hearing be continued to 10:00 a.m., Monday, May 17, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California; and that said ordinance be laid over for final adoption. RES. 1999-78 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NUMBER 1999-14 AND RECOMMENDING THAT THE INLAND V ALLEY DEVELOPMENT AGENCY SUBMIT AN APPLICATION TO THE CALIFORNIA TRADE AND COMMERCE AGENCY FOR THE LOCAL AGENCY MILITARY BASE RECOVERY AREA DESIGNATION AT THE FORMER NORTON AIR FORCE BASE, SAN BERNARDINO, CALIFORNIA, AND DESIGNATING THE INLAND VALLEY DEVELOPMENT AGENCY AS THE LEAD AGENCY FOR SUCH PURPOSES. (19) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-78 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. WAIVE REQUIREMENT - SEWER WAIVER NO. 99-01 - CALMAT PROJECT PLANNING AREA "D" - 6595 CAJON BOULEVARD - SOUTH SIDE OF CAJON, 1600 FEET NORTHWESTERLY OF P ALM AVENUE (20) Michael E. Hays, Director of Development Services, submitted a staff report dated April 20, 1999, concerning a request to waive the requirement to connect to the city's sewer system for the Calmat Project Planning Area "D" located at 6595 Cajon Boulevard. 13 5/3/1999 Ed Del Ginnis, Consultant to CALMAT, stated that the annexation is complete and the property is located within the city. Council Member Anderson made a motion. seconded by Council Member Miller, and unanimously carried, that Sewer Waiver No. 99-01, requesting waiver of the requirement to connect to the city's sewer system for Calmat Planning Area "D" located on the south side of Cajon Boulevard, 1,600 feet north of Palm Avenue at 6595 Cajon Boulevard, be approved subject to a maximum of J3 employees at the site. RES. 1999-79 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AMENDMENT NO. 9 TO THE AGREEMENT BETWEEN THE CITY AND CASA RAMONA, INC., RELATING TO THE OPERATION OF A DROP-IN CENTER LOCATED AT 1524 WEST 7TH STREET, SAN BERNARDINO, CALIFORNIA, TO EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL ONE-YEAR PERIOD. (21) Council Member Devlin made a motion, seconded by Council Member Miller, that said resolution be adopted. COUNCIL MEMBER ESTRADA EXCUSED At 10:29 a.m., Council Member Estrada declared a conflict of interest and left the council meeting. Council expressed concern that items are being approved for the upcoming fiscal year budget and the budget has not been finalized. City Administrator Wilson explained that items are approved contingent upon the adoption of the final budget. A discussion ensued relative to the budget process and contractual requirements. Council Member Devlin made a substitute motion, seconded by Council Member Miller, that said resolution be adopted, subject to approval of the fiscal year 199912000 Parks, Recreation and Community Services final budget. The substitute motion carried and Resolution No. 1999-79 was adopted by the following vote: Ayes: Council Members Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: Council Member Estrada. 14 5/3/1999 COUNCIL MEMBER ESTRADA RETURNED At 10:34 a.m., Council Member Estrada returned to the Council meeting and took her place at the council table. RES. 1999-80 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING PURCHASE OF MOUNTING HARDWARE FOR THE POLICE DEPARTMENT'S NEW MOBILE DATA COMPUTERS, THE INSTALLATION OF THE NEW MOUNTING HARDWARE, THE PURCHASING OF THE MDC SOFTWARE AND THE ACTIVATION OF THE MDC RADIO LINK. (22) Council Member Anderson made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 1999-80 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AND SETTING FAIR MARKET VALUE AND SALES PRICE OF $1,500.00 AND DECLARING THE INTENTION OF THE CITY TO SELL PROPERTY LOCATED NORTH OF MILL STREET, EAST OF 1-215 FREEWAY AND WEST OF "G" STREET IN THE CITY OF SAN BERNARDINO, TO ALL-PRO BROADCASTING, INCORPORATED, AND SETTING A PUBLIC HEARING TO CONSIDER SAID SALE. (Continued from April 5, 1999) (23) Director Hays explained that All Pro Broadcasting, Inc., is requesting an easement from the city in lieu of acquiring the property in fee. Council Member McGinnis made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be tabled. RECESS MEETING At 10:39 a.m., Mayor Valles declared a 20-minute recess. RECONVENE MEETING At 11: 10 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. 15 5/3/1999 ROLL CALL Roll call 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. 98-02 - AMEND LAND USE DESIGNATION FROM CG-2, COMMERCIAL GENERAL, TO CH, COMMERCIAL HEAVY - DEVELOPMENT PERMIT III NO. 98-07 - ESTABLISH PARKING LOT - 1180 W. BASE LINE STREET - SAN BERNARDINO ICE CREAM (24) Michael E. Hays, Director of Development Services, submitted a staff report dated April 15, 1999, concerning General Plan Amendment No. 98-02 and Development Permit III No. 98-07. Mayor Valles opened the hearing. Director Hays provided a synopsis of the action taken relative to the establishment of a parking lot for ice cream trucks at an existing cold storage wholesale warehouse located at the northeast corner of Base Line Street and Garner Avenue and answered questions relative to such. Council requested that the music volume from the ice cream trucks be turned down. John Mejia, 370 W. 6th Street, San Bernardino, CA, explained the services provided by the San Bernardino Ice Cream Company. RES. 1999-81 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 98-02 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM CG-2, COMMERCIAL GENERAL, TO CH, COMMERCIAL HEAVY, FOR THREE PARCELS TOTALING .76 ACRES AT THE NORTHEAST CORNER OF THE INTERSECTION OF BASE LINE STREET AND GARNER AVENUE. (24) Council Member Miller made a motion, seconded by Council Member Anderson; that the hearing be closed; that said resolution be adopted which approves General Plan Amendment No. 98-02; and approve Development Permit III No. 98-07, based on the findings of fact, subject to the conditions of approval and the standard 16 5/3/1999 requirements, as listed in the staff report dated April 15, 1999, from Michael E. Hays, Director of Development Services. The motion carried and Resolution No. 1999-81 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. PUBLIC COMMENTS - PAUL CHANEY (26) Paul Chaney, licensed business owner and property owner in San Bernardino, expressed concern regarding the improper pruning of trees and submitted a handout entitled, "Plant Amnesty's 5 Reasons to Stop Topping Trees." City Administrator Wilson explained that the city does have a licensed arborist; however, it may be beneficial for the city's staff to speak to Mr. Chaney. RECESS MEETING At 11 :22 a.m., Mayor Valles recessed the meeting to 12:00 p.m. for a luncheon workshop in the Management Information Center, MIC Room, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, to discuss the Charter review process. RECONVENE MEETING At 12:03 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission in the Management Information Center, MIC Room, to discuss the Charter review process. 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. LUNCHEON WORKSHOP - CHARTER REVIEW PROCESS (25) Note: A staff report was not distributed with the backup material and will not be available for reference. Mayor Valles introduced and reviewed the credentials of Facilitator, David Jones. Mayor Valles and Facilitator David Jones reviewed the Charter review process, explained the goals of the committee and answered questions relative to such. It was emphasized that the process would be inclusive and all concerns would be considered. 17 5/3/1999 Council expressed their concerns and aspirations for the committee. No further action was taken on this matter. ADJOURN LUNCHEON WORKSHOP/ADJOURNMENT (27) At I: 10 p.m., the luncheon workshop and joint regular meeting adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission will be held at 8:00 a.m. on Monday, May 17, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk BY~CUV)~~~ uzanna Cordova Deputy City Clerk No. of Items: 27 No. of Hours: 5 18 5/311 999