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HomeMy WebLinkAbout08-02-1999 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING AUGUST 2, 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 8:06 a.m., Monday, August 2, 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, McGinnis, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Lien, Schnetz. Vacancy: Fifth Ward. City Attorney Penman announced that the following additional case would be discussed in closed session: Manta Management vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 18157. RECESS MEETING - CLOSED SESSION - (Discussed later in the meeting - page 17) (1) At 8:06 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation pursuant to Government Code Section 54956.9(a): Naail Anwva. et al. vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 49495; Citv of San Bernardino vs. State of California Department of Mental Health - San Bernardino Superior Court Case No. SCV 36995. 1 8/2/1999 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 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 8:06 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, McGinnis, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Lien, Schuetz. Vacancy: Fifth Ward. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorneys Empeno and Coleman and Edna Anderson, Administrative Operations Supervisor, City Attorney's Office. 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 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. 2 8/2/1999 COUNCIL MEMBERS LIEN & SCHNETZ ARRIVED At 8:12 a.m., Council Members Lien and Schnetz arrived at the closed session. DEPUTY CITY ATTORNEY COLEMAN EXCUSED At 8: 17 a.m., Deputy City Attorney Coleman left the closed session. FINANCE DIRECTOR MURPHY ARRIVED At 8: 17 a.m., John Murphy, Director of Finance, Water Department, arrived at the closed session. FINANCE DIRECTOR MURPHY EXCUSED At 8:22 a.m., Johu Murphy, Director of Finance, Water Department, left the closed session. ADJOURN CLOSED SESSION At 9:02 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. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schuetz, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Vacancy: Fifth Ward. INVOCATION The invocation was given by Major Russell Fritz of the Salvation Army. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Estrada. COUNCIL MEMBER ESTRADA EXCUSED At 9:08 a.m., Council Member Estrada left the council meeting. APPOINTMENT - TERESA S. ENCISO - HUMAN RELATIONS COMMISSION - COUNCIL MEMBER ESTRADA (2) Mayor Valles submitted a staff report dated July 26, 1999, concerning the appointment of Teresa S. Enciso to the Human Relations Commission, as requested by Council Member Estrada. 3 8/2/1999 Council Member Anderson made a motion, seconded by Council Member McGinnis, and unanimously carried, that the appointment of Teresa S. Enciso to the Human Relations Commission, as requested by Council Member Estrada, be approved. COUNCIL MEMBER ESTRADA RETURNED At 9:09 a.m., Council Member Estrada returned to the council meeting and took her place at the council table. APPOINTMENT COUNCIL MEMBER REDEVELOPMENT COMMITTEE ANDERSON (NB1) Council Member Miller submitted a staff report dated July 30, 1999, requesting the appointment of Council Member Anderson to the Redevelopment Committee. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the matter arose subsequent to the posting of the agenda. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointment of Council Member Anderson to the Redevelopment Committee be approved. PRESENTATIONS - NEIGHBORHOOD PRIDE AWARD - MR. DAVID SAAVEDRA (3) Mayor Valles presented the Neighborhood Pride Award to Mr. David Saavedra for his diligence in maintaining his home and property at 3055 San Gabriel. Mr. Saavedra accepted the award. PRESENTATIONS - SENIOR CITIZEN OF THE YEAR FOR 1998-99 - MR. LARRY FREDRICKSON (3) Teri Rubi, Executive Assistant to the Mayor, read a resolution acknowledging Mr. Larry Fredrickson as the Senior Citizen of the Year for 1998-99 in recognition of his dedication to the community. Mr. Fredrickson accepted his resolution from Mayor Valles and Senior Recreation Supervisor Oscar Perrier. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson thanked the residents of the Sixth Ward for their participation in the recent cleanup day and gave a report on the services rendered. She also made the following announcements: 1) The next Sixth Ward cleanup day is 4 8/2/1999 August 7. 2) The Fiesta Market had its grand opening. Residents were encouraged to shop at the Fiesta Market. 3) She also encouraged the citizens to take part in the census 2000. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz stated that the second Wednesday of each month, the Castaway Restaurant hosts a buffet lunch, and encouraged everyone to take advantage of the delicious food. He also stated that he spoke to the management of the Ralph's Market located at Marshall Boulevard and "E" Street and they've agreed to remain open. Residents are encouraged to shop at the Ralph's Market. ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis encouraged everyone to take part in the National Night Out on August 3. Activities will be held at Court Street Square. He also thanked City Administrator Wilson and his colleagues for the guidance they have provided. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien stated that on Friday she had the opportunity of attending the dedication ceremony for the Holy Land Church of God in Christ located at 10th and "G" Streets. She stated that the services were wonderful, she's grateful for their presence and looks forward to seeing the improvement within the neighborhood. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada thanked Teresa Enciso for her willingness to serve on the Human Relations Commission. She also acknowledged the efforts of the Parks, Recreation and Community Services Department and Main Street, Inc., and announced the various activities which they sponsor. ANNOUNCEMENTS - MA YOR VALLES (4) Mayor Valles made the following announcements: 1. Debi Biggs, Director of Animal Control, has resigned. Lori Sassoon, Assistant to the City Administrator, will be overseeing the department until a new director is hired. 2. At last's week memorial services held for Congressman George E. Brown, Jr., the Sergeant of Arms from the Capitol Police congratulated her for the city's outstanding police department. 5 8/2/1999 3. As of August 19, 1999, the Executive Director of the San Bernardino Area Chamber of Commerce will be announcing the opening of new businesses within the city. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Miller 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, 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. MINUTES (6) Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council and Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: June 9, 1999; June 23, 1999. CLAIMS & PAYROLL (7) Council Member Miller 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 July 27, 1999, from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (8) Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions as submitted by the Chief Examiner, dated July 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. AUTHORIZE DEVELOPMENT CODE AMENDMENT - SURFACE MINING & LAND RECLAMATION PROVISIONS (12) Michael E. Hays, Director of Development Services, submitted a staff report dated July 13, 1999, requesting authorization to initiate a Development Code Amendment for surface mining and land reclamation provisions. 6 8/2/1999 Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council direct planning staff to prepare an amendment to the Development Code to incorporate recent changes to the Surface Mining and Reclamation Act. AUTHORIZE - CONTRACT CHANGE ORDER NO. FOUR - STREET IMPROVEMENTS - MILL STREET - BETWEEN LENA ROAD & TIPPECANOE A VENUE - PLAN NO. 9487 - CDE RESOURCES, INC. - $7,728.46 (15) Michael E. Hays, Director of Development Services, submitted a staff report dated June 22, 1999, concerning Contract Change Order No. Four with CDE Resources, Inc. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that Contract Change Order No. Four to the contract with CDE Resources, Inc., be approved for additional pavement grinding to re-profile the roadway on a time and material basis, for a total cost of $7,728.46, increasing the total contract total from $703,987.41 to $711,715.87. AUTHORIZE PROCEEDINGS - APPROVE PLAN NO. 9989 - VACATE BELLEVIEW STREET - BETWEEN RANCHO AVENUE & PENNSYLVANIA A VENUE (16) Michael E. Hays, Director of Development Services, submitted a staff report dated July 15, 1999, concerning the vacation of Belleview Street between Rancho Avenue and Pennsylvania Avenue. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Director of Development Services and the City Clerk be authorized to proceed with the vacation of a portion of Belleview Street between Rancho Avenue and Pennsylvania Avenue; and that Plan No. 9989, showing the proposed vacation of a portion of Belleview Street between Rancho Avenue and Pennsylvania Avenue, be approved. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO. First (18) Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that said ordinance be laid over for final adoption. 7 8/2/1999 RES. 1999-188 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT AND PURCHASE ORDER BETWEEN THE CITY OF SAN BERNARDINO AND DMG MAXIMUS TO CONDUCT A FLEET OPERATIONAL EFFICIENCY REVIEW. (19) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-188 was adopted by the following vote: Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Vacancy: Fifth Ward. Ayes: Council None. Absent: ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman congratulated Council Member Anderson for her efforts in bringing the Fiesta Market into San Bernardino. RES. 1999-189 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH OMNITRANS TO ADMINISTER A PASSENGER AMENITIES PROGRAM AT CURRENT AND FUTURE BUS STOP ZONES. (9) City Administrator Wilson reviewed the provisions of the agreement with Omnitrans and explained the need for the change in contract providers. A discussion was held concerning the services to be provided by Omnitrans. Patrick Merrick, Omnitrans, answered questions regarding the provisions of the contract. Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-189 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacancy: Fifth Ward. RES. 1999-190 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1999. (10) 8 8/2/1999 Barbara Pachon, Director of Finance, answered questions regarding the services rendered by the City Treasurer's Office. Council Member Schnetz made a motion, seconded by Council Member Lien, that said resolution be adopted. Resolution No. 1999-190 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Anderson, Miller. Nays: None. Absent: None. Vacancy: Fifth Ward. ORD. MC-I053 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING AND REPEALING VARIOUS SECTIONS OF CHAPTER 15.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS. Final (11) COUNCIL MEMBERS ESTRADA & SCHNETZ EXCUSED At 9:48 a.m., Council Members Estrada and Schnetz declared a conflict of interest and left the council meeting. Council Member Miller made a motion, seconded by Council Member Anderson, that said ordinance be adopted. Ordinance No. MC-1053 was adopted by the following vote: Ayes: Members Lien, McGinnis, Anderson, Miller. Nays: None. Absent: Members Estrada, Schnetz. Vacancy: Fifth Ward. Council Council COUNCIL MEMBERS ESTRADA & SCHNETZ RETURNED At 9:49 a.m., Council Members Estrada anu Schuetz returned to the council meeting and took their places at the council table. RES. 1999-191 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING THE APPRAISER'S DETERMINATION OF FAIR MARKET VALUE FOR THE ACQUISITION OF RIGHT OF WAY EASEMENTS FROM CERTAIN PARCELS OF LAND LOCATED ON THE SOUTH SIDE OF HOSPITALITY LANE AND THE EAST SIDE OF WATERMAN AVENUE, CERTIFYING THE WORK OF THE APPRAISER AND AUTHORIZING PAYMENT FOR ACQUISITION OF SAID EASEMENTS. (13) Council Member Anderson made a motion, seconded by Council Member Schuetz, that said resolution be adopted. 9 8/2/1999 Resolution No. 1999-191 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacancy: Fifth Ward. RES. 1999-192 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING CONTRACT TO COLAROSSI CONSTRUCTION FOR INSTALLATION OF STREET TREES ALONG HIGHLAND AVENUE FROM "E" STREET TO WATERMAN AVENUE PER PLAN NO. 9845. (14) Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, expressed concern regarding the use of funds for the installation of trees and requested that there be a moratorium on projects of an aesthetic nature. Development Services Director Hays stated that when the trees are installed, the reconstruction of Highland A venue would commence. A discussion was held concerning the proposed improvements to Highland Avenue. Council Member Schnetz made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 1999-192 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Anderson, Miller. Nays: None. Absent: None. Vacancy: Fifth Ward. APPROVE - CONTRACT CHANGE ORDER NO. ONE - RESTORE ROOF - CENTER FOR INDIVIDUALS DEVELOPMENT (CID) - REY-CREST ROOFING - $10,000 (17) James Sharer, Facilities Manager, submitted a staff report dated July 19, 1999, concerning Contract Change Order No. One with Rey-Crest Roofing. Council Member Estrada made a motion, seconded by Council Member Anderson, and unanimously carried, that Change Oruer No. One to Rey-Crest Roofing be approved for the installation of Tremco polyester mat with tremlastic rubberized emulsion at the Center for Individuals Development (CID) facility, for a total cost of $10,000, increasing the contract total from $42,741 to $52,741; and that the Director of Finance be authorized to amend the fiscal year 1999/2000 budget and a) Transfer $9,000 from 001-384-5161 (CID Insurance Premiums) to 001-384-5507 (CID Facilities Services) and b) Increase 001-384-5507 (CID Facilities Services) by another $1,000 10 8/2/1999 and increase revenue account 001-000-4520 (CID Reimbursement) by $500 to reflect the 50 percent reimbursement to be received from the County of San Bernardino. PUBLIC HEARING - HOLDING PERIODS FOR ANIMALS - IMPOUNDED BY THE CITY (20) Lori Sassoon, Assistant to the City Administrator, submitted a staff report dated July 15, 1999, concerning holding periods for animals impounded by the city. Mayor Valles opened the hearing. City Administrator Wilson explained that through the conduct of this hearing, the city will be granted an extra year to comply with the mandates of Senate Bill 1785 which imposes holding periods for animals impounded by the city. No public comments were rendered. RES. 1999-193 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL MAKING CERTAIN FINDINGS OF FACT CONCERNING HOLDING PERIODS FOR ANIMALS IMPOUNDED BY THE CITY. (20) Council Member Anderson made a motion. seconded by Council Member Miller, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 1999-193 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Anderson, Miller. Nays: None. Absent: None. Vacancy: Fifth Ward. RES. 1999-194 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN ADDENDUM TO THE 1996 LEASE WITH THE SAN BERNARDINO STAMPEDE, INC., CONCERNING THE USE OF THE SAN BERNARDINO STADIUM FOR A 1999 FALL BASEBALL LEAGUE. (21) City Administrator Wilson reviewed the provisions of the addendum to the 1996 lease with the San Bernardino Stadium, Inc., for the establishment of a 1999 Fall Baseball League. Council requested that when the use of the stadium is being considered, that staff indicate whether it resulted from the city or the stadium manager. 11 8/2/1999 A discussion was held concerning the services to be rendered, anticipated revenue and replacement costs. Council Member Miller made a motion, seconded by Council Member Lien, that said resolution be adopted; and that the Director of Finance be directed to amend the Fiscal Year 1999/2000 Stadium Fund budget to a) Reflect the $14,700 cost of providing maintenance to the stadium during the proposed Fall Baseball League, and to b) Reflect the corresponding rental revenue of $14,700 to be received from the stadium as reimbursement for maintenance costs; and that the replacement costs be included in the computation of costs imposed by the city. The motion carried and Resolution No. 1999-194 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Anderson, Miller. Nays: None. Absent: None. Vacancy: Fifth Ward. AUTHORIZE - AMICUS BRIEF - GRIFFITH VS. SANTA CRUZ, ET AL. (22) James F. Penman, City Attorney, submitted a staff report dated July 20, 1999, requesting authorization to file an amicus brief in the case of Griffith vs. Santa Cruz, et al. City Attorney Penman explained the purpose of the amicus brief. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the City of San Bernardino be authorized to join in the amicus brief in support of the Cities of Santa Cruz, Scotts Valley and Watsonville and the County of Santa Cruz. AUTHORIZE - AMICUS LETTER - GAMMOH VS. CITY OF ANAHEIM (23) James F. Penman, City Attorney, submitted a staff report dated July 28, 1999, requesting authorization to file an amicus letter in the case of Gammoh vs. City of Anaheim. City Attorney Penman explained the purpose of the amicus letter. Council Member Schnetz made a motion, seconded by Council Member Anderson, and unanimously carried, that the City of San Bernardino be authorized to join in the amicus letter to the California Supreme Court in support of the City of Anaheim. 12 8/2/1999 RES. 1999-195 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL ELECTION IN THE FIFTH WARD OF THE CITY FOR NOVEMBER 2, 1999 TO FILL THE VACANT COUNCIL SEAT IN SAID WARD AND ESTABLISHING THE NOMINATION PERIOD AS AUGUST 3, 1999 TO AND INCLUDING AUGUST 6, 1999. (24A) RES. 1999-196 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING THAT THE CITY OF SAN BERNARDINO'S SPECIAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 2, 1999, CONSOLIDATED ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. (24B) City Clerk Clark reviewed the provisions of the Charter relative to the conduct of special elections and answered questions relative to such. Council Member Anderson made a motion. seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 1999-195 and 1999-196 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacancy: Fifth Ward. CITY ATTORNEY PENMAN EXCUSED At 10:20 a.m., City Attorney Penman left the council meeting and was replaced by Senior Assistant City Attorney Carlyle. RES. 1999-197 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SIDE LETTER TO RESOLUTION NO. 89-129, RESOLUTION ESTABLISHING MANAGEMENT AND CONFIDENTIAL COMPENSATION AND BENEFITS PLAN, AMENDING SUBSECTION H, PERS, FOR POLICE SAFETY MANAGEMENT EMPLOYEES, EFFECTIVE AS OF JANUARY 1, 2000. (25) RES. 1999-198 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SIDE LETTER TO RESOLUTION NO. 89-129, RESOLUTION ESTABLISHING MANAGEMENT AND CONFIDENTIAL COMPENSATION AND BENEFITS PLAN, AMENDING, SUBSECTIONS B, COMPENSATION, AND H, PERS, FOR FIRE SAFETY MANAGEMENT EMPLOYEES, EFFECTIVE AS OF JANUARY 1, 2000. (26) 13 8/2/1999 Council Member Miller made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 1999-197 and 1999-198 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Anderson, Miller. Nays: None. Absent: None. Vacancy: Fifth Ward. RATIFY LETTER - COUNTY BOARD OF SUPERVISORS - PROPOSED COUNTY GENERAL PLAN AMENDMENT (SI) Michael E. Hays, Director of Development Services, submitted a staff report dated July 27, 1999, concerning the ratification of a letter sent to the County Board of Supervisors concerning the county's proposed general plan amendment. City Administrator Wilson reviewed the action taken relative to the county's proposed general plan amendment. Council Member Lien made a motion, seconded by Council Member Anderson, that the Mayor and Common Council ratify the Mayor's directive to the City Attorney to prepare and send a letter to the County Board of Supervisors relative to the county's General Plan. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Anderson, Miller. Nays: Council Member Schnetz. Absent: None. Vacancy: Fifth Ward. RECESS MEETING At 10:23 a.m., Mayor Valles recessed the meeting to 11 :00 a.m., in the Council Chambers of City Hall. RECONVENE MEETING At 11 :04 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller; Deputy City Attorney Empeno, City Clerk Clark, Development Services Director Hays. Absent: None. Vacancy: Fifth Ward. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 99-01 - DEVELOPMENT CODE AMENDMENT NO. 99-01 - REVISIONS - SIGN REGULATIONS (28) 14 8/2/1999 Michael E. Hays, Director of Development Services, submitted a staff report dated July 13, 1999, concerning General Plan Amendment No. 99-01 and Development Code Amendment No. 99-01 relative to revisions to the sign regulations. Mayor Valles opened the hearing. Valerie Ross, Principal Planner, provided a synopsis of the action taken relative to the proposed revisions to the sign code, summarized the proposed changes and answered questions relative to such. A discussion ensued regarding the conditional use permit process and the costs associated with such. Larry Quiel, San Bernardino Area Chamber of Commerce Board Member, expressed support for the proposed changes to the sign code. Hal Haywood, 1948 North "E" Street, San Bernardino, CA, expressed concern regarding the provisions relative to billboards. RES. 1999-199 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL Pl.AN AMENDMENT NO. 99-01 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO TO DELETE POLICIES 1.45.3, 1.45.6 AND 1.45.10 AND MODIFY POLICY 1.45.1 WHICH RESTRICTS THE PLACEMENT OF POLE SIGNS AND BILLBOARDS IN THE CITY. (28) AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.22 (SIGN REGULATIONS) AND SECTIONS 19.14.020 AND 19.14.030(6)&(7) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ALLOW LARGER AND TALLER SIGNAGE THROUGHOUT THE CITY. First (28) Council Member Anderson made a motion, seconded by Council Member Miller, that the hearing be closed; that said resolution be adopted; and that said ordinance be laid over for final adoption. Discussion continued regarding the conditional use permit process and the costs associated with such. Council Member Anderson made a substitute motion, seconded by Council Member Miller, that the hearing be closed; that said resolution be adopted; and that said ordinance be laid over for final adoption; and where there is an application for 15 8/2/1999 billboards of less than 100 square feet, that up to two billboard locations be permitted on one Conditional Use Permit application. The motion carried and Resolution No. 1999-199 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Anderson, Miller. Nays: None. Absent: None. Vacancy: Fifth Ward. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 99-04 - PASEO LAS PLACITAS SPECIFIC PLAN - MOUNT VERNON AVENUE - BETWEEN 4TH & 9TH STREETS (29) Michael E. Hays, Director of Development Services, submitted a staff report dated July 13, 1999, concerning Development Code Amendment No. 99-04 relative to the Paseo Las Placitas Specific Plan. Mayor Valles opened the hearing. Valerie Ross, Principal Planner, provided a synopsis of the action taken relative to Development Code Amendment No. 99-04 for the Paseo Las Placitas Specific Plan. Council Member Estrada reviewed the action taken to establish the Paseo Las Placitas Specific Plan, the problems associated with the current provisions and the proposed improvements to the plan. Omar Peralta inquired about the permitted uses established within the plan. Graciano Gomez commended Council Member Estrada for her efforts to achieve the establishment of the Paseo Las Placitas Specific Plan and expressed support for the proposed changes. Irene Martinez inquired about the specifics of the plan. Council Member Estrada explained that the plan is approved in concept and when a project is to be considered, it would be presented to the property owners. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.06.010(2)(G), 19.06.020, TABLE 06.01, AND 19.10.030(3) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO REVISE THE DEVELOPMENT STANDARDS AND PERMITTED USES AND INCORPORATE DESIGN GUIDELINES, AS PER THE PASEO LAS PLACITAS SPECIFIC PLAN FOR CERTAIN AREAS ALONG MOUNT VERNON AVENUE. First (29) 16 8/2/1999 Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the hearing be closed; that the Mayor and Common Council adopt the Negative Declaration and approve Development Code Amendment No. 99-04 based on the findings of fact; and that said ordinance be laid over for final adoption. RECESS MEETING At 12:01 a.m., Mayor Valles recessed the meeting to 2:00 p.m., in the Council Chambers of City Hall. RECONVENE MEETING At 2:06 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Lien, McGinnis, Anderson, Miller; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Members Estrada, Schnetz. Vacancy: Fifth Ward. RECESS MEETING - CLOSED SESSION - (Discussed earlier in the meeting - page 1) (1) At 2:06 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. CLOSED SESSION At 2:06 p.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 Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Lien, McGinnis, Anderson, Miller; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Members Estrada, Schnetz. Vacancy: Fifth Ward. Also present: Senior Assistant City Attorney Carlyle, Deputy City Attorney Empeno and Special Counsel Sabo and Executive Director Van Osdel, Economic Development Agency. 17 8/2/1999 COUNCIL MEMBER SCHNETZ ARRIVED At 2:08 p.m., Council Member Schuetz arrived at the closed session. COUNCIL MEMBER ESTRADA ARRIVED At 2:14 p.m., Council Member Estrada arrived at the closed session. DEVELOPMENT SERVICES DIRECTOR HAYS ARRIVED At 2:24 p.m., Development Services Director Hays arrived at the closed session. CITY ATTORNEY PENMAN EXCUSED At 2:32 p.m., City Attorney Penman left the closed session. ADJOURN CLOSED SESSION At 2:40 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 2:40 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. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schuetz, Anderson, Miller; Senior Assistant City Attorney Carlyle and Economic Development Agency Special Counsel Sabo, Deputy City Clerk Medina, Economic Development Agency Executive Director Van Osel. Absent: None. Vacancy: Fifth Ward. 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 2:40 p.m., Chairwoman Valles called to order the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communites Financing Authority and Mayor and Common Council. 18 8/2/1999 RES. CDC/1999-27 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE ECONOMIC DEVELOPMENT AGENCY (THE "AGENCY") TO AWARD AND EXECUTE A CONTRACT TO TNT CONSTRUCTORS, INC., IN THE AMOUNT OF $310,959.00 FOR IMPROVEMENTS TO THE CALIFORNIA THEATRE. (R30) DEPUTY CITY CLERK MEDINA EXCUSED At 2:41 p.m., Deputy City Clerk Medina left the council meeting and was replaced by City Clerk Clark. Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, expressed concern regarding the handicap accessibility within the California Theatre. Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. CDC/1999-27 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacancy: Fifth Ward. RES. CDC/1999-28 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING A LOAN OF COMMUNITY REINVESTMENT FUNDS TO FINANCE TENANT IMPROVEMENTS AT PROPOSED DAY CARE CENTER (CHILDREN OF CALTRANS EMPLOYEES) IN DOWNTOWN SAN BERNARDINO (265 NORTH "D" STREET). (R31) Executive Director Van Osdel provided a synopsis of the action taken relative to the proposed day care center for children of CalTrans employees and answered questions relative to such. Council Member Anderson made a motion. seconded by Council Member Estrada, that said resolution be adopted. Resolution No. CDC/1999-28 was adopted by the following Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Absent: None. Vacancy: Fifth Ward. vote: Ayes: Nays: None. 19 8/2/1999 RES. CDC/1999-29 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY (THE "AGENCY") TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH THE NATIONAL DEVELOPMENT COUNCIL (NDC). (R32) Executive Director Van Osdel provided a synopsis of the action taken relative to the agreement with the National Development Council. Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. CDC/1999-29 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacancy: Fifth Ward. AUTHORIZE - EXCLUSIVE RIGHT TO NEGOTIATE - ARTHUR PEARLMAN CORPORATION/HOPKINS REAL ESTATE GROUP (R33) Ronald E. Winkler, Development Director, submitted a staff report dated July 23, 1999, requesting authorization for an exclusive right to negotiate with the Arthur Pearlman Corporation/Hopkins Real Estate Group. Executive Director Van Osdel provided a synopsis of the action taken to obtain authorization for an exclusive right to negotiate with the Arthur Pearlman Corporation/Hopkins Real Estate Group. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Community Development Commission authorize staff to proceed with the necessary owner participation notices and preparation of a draft Exclusive Right to Negotiate Agreement with the Arthur Pearlman Corporation/Hopkins Real Estate Group. SENIOR ASSISTANT CITY ATTORNEY CARLYLE & SPECIAL COUNSEL SABO EXCUSED At 2:53 p.m., Senior Assistant City Attorney Carlyle and Special Counsel Sabo left the council meeting and were replaced by Deputy City Attorney Empeno. EXECUTIVE DIRECTOR V AN OSDEL EXCUSED At 2:53 p.m., Executive Director Van Osdel left the council meeting and was replaced by City Administrator Wilson. 20 8/2/1999 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2086 ENTITLED, IN PART, "A RESOLUTION DESIGNATING CERTAIN STREET INTERSECTIONS WHERE A LEFT TURN IS PROHIBITED..." AND PROVIDING THAT LEFT TURNS ARE PROHIBITED AT THE INTERSECTION OF TIPPECANOE A VENUE AND ROSEWOOD DRIVE. (Continued from July 6, 1999) (27) Development Services Director Hays provided a synopsis of the action taken to prohibit left turns at the intersection of Tippecanoe Avenue and Rosewood Drive and reviewed the city's plan to install a traffic signal at the intersection of Tippecanoe Avenue and Laurelwood Drive. Jack Rubens of Sheppard, Mullin, Reichter and Hampton, Attorney for In-N- Out Burger, made the following recommendations: I. That the city install temporary delineators for a period of six months following the date of this action at the intersection of Tippecanoe Avenue and Rosewood Drive that prohibit vehicles on Rosewood Drive from crossing Tippecanoe Avenue but permit left turns from Tippecnoe Avenue to Rosewood Drive. 2. That the city install a traffic signal at the intersection of Tippecanoe Avenue and Laurelwood Drive within six months following the date of this action; and 3. That the city diligently pursue approval from Caltrans for the modification of the traffic signal at the I -lO/Tippecanoe interchange to permit protected/permissive left turns from southbound Tippecanoe Avenue to the eastbound 1-10 Freeway onramp. Mark La Maroueaux, MSL Engineering, speaking on behalf of In-N-Out Burger, expressed concern regarding the temporary measures to prohibit left turns at the intersection of Tippecanoe A venue and Rosewood Drive. Fred Encinas, Director of Real Estate, In-N-Out Burger, urged the Mayor and Council to approve the alternative recommendations submitted by Mr. Rubens. Captain Billdt, Police Department, stated that they support the prohibition of left turns at the intersection of Tippecanoe Avenue and Rosewood Drive and answered questions regarding the number of traffic accidents that have occurred within the area. Council Member Schnetz made a motion, seconded by Council Member Miller, and unanimously carried, that said resolution be tabled; and that the Mayor and 21 8/2/1999 Common Council authorize the Director of Development Services to proceed with plans to prohibit certain vehicular movements by installing temporary delineators for a period of six months at the intersection of Tippecanoe Avenue at Rosewood Drive and to install a traffic signal at the intersection of Tippecanoe Avenue and Laurelwood Drive. PUBLIC COMMENTS (34) There were no public comments at this meeting. ADJOURNMENT (35) At 3:26 p.m. the JOlllt regular meeting adjourned. The next joint regular meeting is scheduled for 8:00 a.m., Monday, August 16, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk By ~'(1 nn() '1'!Pcd lJ/Ja.J o/f.xJltu uzanna Cordova Deputy City Clerk No. of Items: 37 No. of Hours: 5.5 22 8/2/1999