HomeMy WebLinkAbout02-20-2001 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
FEBRUARY 20, 2001
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 8:09 a.m., Tuesday, February 20, 2001, 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, Suarez, Anderson, McCammack; City
Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council
Member Schnetz.
RECESS MEETING - CLOSED SESSION (Discussed later in the
meeting - pages 26 & 30) (1)
At 8:09 a.m., the Mayor and Common Council and Community Development
Commission recessed to closed session for the following:
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Cumming, et al. v. Citv of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 66744;
Highland Hills Homeowner Association v. Citv of San Bernardino, et al. -
San Bernardino Superior Court Case No. 241464;
Soliman v. Citv of San Bernardino - United States District Court Case No.
EDCV 00-00301 V AP;
La France Hamilton v. Citv of San Bernardino, et al. - United States
District Court Case No. EDV 00-107 RT.
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02/20/2001
B. Conference with legal counsel - anticipated litigation - significant exposure
to litigation - pursuant to subdivision (bl (1), (2), (3) (A-F) of Government
Code Section 54956.9:
Evacuees - 2057 North Mt. Vernon Avenue
Cypress Inn Mobile Home Park
C. Conference with legal counsel - anticipated litigation - IDltJatlOn 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. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to Ihe public's right of access to public
services or public facilities - pursuant to Government Code Section 54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
City Attorney Penman announced that the following additional case would be
discussed in closed session:
Citv of San Bernardino Municipal Water Department v. United States
Department of the Army - United States District Court Case No. CV 96-8867
consolidated with CV 96-5205.
CLOSED SESSION
At 8: 10 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, Suarez, Anderson, McCammack; City
Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council
Member Schuetz.
Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City
Attorneys Empeiio and Barnes, Administrative Operations Supervisor Anderson, City
Attorney's Office; Water Department General Manager Kersey.
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COUNCIL MEMBER SCHNETZ ARRIVED
At 8: 14 a.m., Council Member Schnetz arrived at the closed session.
DEPUTY CITY ATTORNEY EMPENO & WATER DEPARTMENT
GENERAL MANAGER KERSEY EXCUSED
At 8:27 a.m., Deputy City Attorney Empefto and Water Department General
Manager Kersey left the closed session.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Sutherland read the titles of all the resolutions and ordinances
on the regular agenda of the Mayor and Common Council and Community Development
Commission while the Mayor and Common Council and Community Development
Commission were in closed session.
ADJOURN CLOSED SESSION
At 8:28 a.m., the closed session adjourned to 9 a.m. in the Council Chambers of
City Hall.
RECONVENE MEETING
At 9 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, McGiImis, Schnetz, Suarez, Anderson,
McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson.
Absent: None.
INVOCATION
The invocation was given by Pastor Matthew Witter of San Bernardino Baptist
Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Bill Sadergaski, a student at Anderson
Elementary School.
APPOINTMENTS (2)
There were no appointments.
PROCLAMATION - MARCH 2001 - WOMEN'S HISTORY MONTH
(3)
Teri Rubi, Executive Assistant to the Mayor, read a proclamation declaring the
month of March as "Women's History Month."
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02/20/2001
The proclamation was accepted by Feldheym Library Administrative Operations
Supervisor Aurora Mendoza and City Clerk Rachel Clark, co-chairs of this year's Women
of Achievement Committee.
City Clerk Clark thanked the Mayor for the proclamation on behalf of Aurora
Mendoza and the members of the Women of Achievement Committee and stated that the
theme, "Celebrating Women of Courage and Vision," is exemplified by the five elected
officials currently sitting at the dais, and the many women employed by the City's Police
and Fire Departments. Ms. Clark reported that 22 City employees have been nominated
for a "Women of Achievement" award, and that the winners will be announced at a
luncheon on March 29 at 11 :30 a.m. at the Radisson Hotel.
Ms. Rubi thanked Jan Wages for the many years of leadership she devoted to the
Women of Achievement Committee, stating that Jan had to step down due to the
responsibilities of her Council seat.
SERVICE PIN AWARDS CEREMONY
(3)
Teri Rubi, Executive Assistant to the Mayor, read the names of the following
individuals who were presented a service pin award by Mayor Valles in recognition of
their many years of dedicated service to the City.
Name
Huston Carlyle
Julie Jensen
Sherri Roberts
Susan Woods
Marvin Riddle
Department
City Attorney
Police
Police
Police
Public Services
Years of Service
5
5
15
10
30
PRESENT A TIONS
(3)
Employee Recognition Program Awards:
The Mayor's Commendation Award was presented to City Firefighter
Paramedics Ben Alexander and Isaac Horn for responding to a distress call while
vacationing in Baja California, and rescuing three fisherman who might have otherwise
been cast upon a sheer rock beach due to the effects of an unanticipated, severe weather
front.
The Customer Service Quarterly Award for October-December 2000, was
presented to Tina Torres, Public Services Department, who was nominated by a co-worker
who noted that in the five years they have worked together, she has never seen Tina
become cross with a citizen, even when a frustrated citizen is irate. She stated that Tina is
always helpful, whether addressing the needs of citizens on the telephone or at the counter.
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The Together We Can 2000 Award was presented to the following schools that
participate in the Children's After-School Program for Success: Barton, Fairfax,
Ingraham, Newmark, Riley, Hillside, Arrowhead, Lincoln, Lytle Creek, Monterey, Mt.
Vernon, Roosevelt, Muscoy. Ms. Rubi noted that this team works in partnership with the
City of San Bernardino Parks, Recreation, and Community Services Department, the San
Bernardino City Unified School District, and the San Bernardino County GAIN Program
to provide daily after school programs for 14 of the City's elementary schools in San
Bernardino. Ms. Rubi stated that recreation leaders and aides provide opportunities for
recreation, games, sports, contests, homework assistance, and arts and crafts.
The Year 2000 San Bernardino Shines Award was presented to Ginny Evans-
Perry and Joseph Michaud for their work in the advancement of technology at the library
by providing to all the citizens of San Bernardino free computer training and education and
free access to learning, knowledge, and information through technology. Ms. Rubi stated
that the City of San Bernardino is truly fortunate to have an outstanding team like Ginny
and Joe who use original problem solving, imaginative project development, and inventive
resource utilization to reflect the City's commitment to fostering innovation.
The Employee of the Year 2000 Award was presented to Captain Mardell
Jimerson of the San Bernardino Fire Department for his efforts and time involved with the
Fire Department Mentoring Program. Ms. Rubi stated that Captain Mardell volunteers
two to three hours per week to the training and individual instruction of teenagers within
the community preparing them for a possible career in the fire service. Mardell's
involvement with San Bernardino City youth began with the Fire Explorer Program in
which he volunteered innumerable hours. From that program, the mentoring program was
developed. Ms. Rubi noted that Mardell has also recruited five other colleagues from the
San Bernardino City Fire Department to assist in this mentoring program-one battalion
chief, two captains, and two fire engineers.
ANNOUNCEMENTS - LARRY QUlEL
(4)
Larry Quiel, Vice President of Business Support for the San Bernardino Area
Chamber of Commerce, announced several upcoming events including the State of the
City address featuring Mayor Valles at the Radisson Hotel and Convention Center on
February 27 at 7:30 a.m.; the Chamber's first annual "Casino Night" at the San
Bernardino International Airport on March 8 from 5 to 9 p.m.; the San Bernardino
Symphony performance at the California Theater featuring Carlo Ponti on March 10 at
8:15 p.m.; the Miss San Bernardino Scholarship Pageant on March 24 at the California
Theater; and the 40th Annual Headdress Ball on March 31.
ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4)
Council Member Estrada announced that a meeting would be held tonight at the
Feldheym Library from 6:30 to 8:00 p.m. regarding the refurbishment of the Santa Fe
Depot; and wished her aunt a happy 85th birthday.
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02/20/2001
ANNOUNCEMENTS - COUNCIL MEMBER LIEN
(4)
Council Member Lien announced a kick-off celebration on February 22 at 11 a.m.
for the first four blocks of Target Area 1 for the Neighborhood Initiative Project; and
reported that the Citizen Site Reuse Committee at the County Medical Center will be
meeting on March 2 with the Probation Department to discuss the favorable response they
received regarding additional block walls on 16th Street and Trenton.
ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4)
Council Member McGinnis wished his son Nicholas a happy birthday and stated
that his son asked him to mention the fact that his basketball team has won the last six or
seven games.
ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4)
Council Member Schnetz announced that the 40th Street Project Area Committee
meeting scheduled for tonight at 6:15 p.m. has been moved from the EDA Boardroom to
the Calvary Baptist Church on Sierra Way and Parkdale; and the Fourth Ward Dump Day
sponsored by Dr. NAG will be held on March 10 at Del Vallejo Middle School on
Lynwood Drive.
ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4)
Council Member Suarez extended congratulations to the Coyote Basketball Team
of Cal State University for exacting their revenge on Cal State Dominguez Hills and
winning by the largest margin of victory against any team this season. Mr. Suarez noted
that the Coyotes are now ranked No. 7 in the Nation and No. 1 in the west region;
announced that Station No. 2 of the San Bernardino County Fire Department was
dedicated on February 17 and thanked Supervisor Jon Mikels for his efforts in making
sure it opened because of the fire protection it will offer to areas including Muscoy,
Verdemont and Cimarron Ranch; and thanked the neighborhood groups of the Fifth Ward
for their efforts in keeping their respective areas clean and safe.
ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4)
Council Member Anderson stated that she did not appreciate the 3-minute time
limit imposed upon them; thanked her constituents for helping to clean up the City during
the last two years, and stated that the focus should now be on the beautification of San
Bernardino. She indicated that from now on she would refer to "Dump Day" as
"Beautification Day," and reported that the first "Beautification Day" in the Sixth Ward
was a big success.
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02/20/2001
ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4)
Council Member McCammack extended birthday wishes to her husband and her
grandmother; thanked her neighbors and community members who attended the meeting
regarding the Twin Creeks Flood Control area and for causing the County Flood Control
Office to be held accountable for the events occurring in that area; announced that the
Committee for Integrity in San Bernardino City Government wanted to personally thank
each and everyone of the volunteers who collected over 6,400 signatures on the petition to
overturn the Council action of January 16. She stated that their efforts will not go
unnoticed and they have a lot to be proud of.
ANNOUNCEMENTS - MAYOR V ALLES
(4)
Mayor Valles extended birthday wishes to all those celebrating birthdays; thanked
everyone for the expressions of sympathy submitted to her and her family on the loss of
her sister; announced that she was glad to be back from Washington, D.C., and read a
portion of a letter she received from Congressman Jerry Lewis dated February 16, 2001,
in which he expressed his appreciation for her visit. In his letter, Congressman Lewis
complimented Mayor Valles as being one of the best advocates he has worked with for the
needs of San Bernardino, and commended her on her efforts on behalf of the City. He
stated that he looked forward to future meetings and to working with her toward a
successful completion of the projects on which they have joined forces to benefit San
Bernardino.
Mayor Valles invited all women to attend a special conference and trade show
sponsored by the Professional Women's Roundtable Chapter of the National Association
for Female Executives. The conference is entitled "Building Bridges for Business Success
2001" and will be held at Cal State University San Bernardino on Saturday, March 3,
from 7 a.m. to 4 p.m.
Mayor Valles indicated that last week the City had the honor of recelVmg a
delegation from Koyang City from the Republic of Korea. The delegation was led by Dr.
Kyo-sun (soon) Hwang, the Mayor of Koyang City, and included members of their City
Council, their Director of Planning and Management, and Director of International
Development.
Mayor Valles indicated that the creation of another Sister City for San Bernardino
was being explored.
ANNOUNCEMENTS - CITY ATTORNEY PENMAN
(4)
City Attorney Penman stated that at the last Council meeting he distributed some
pins in token of what he hoped would be a peaceful resolution to some of the difficulties
that have taken place at the City. Mr. Penman noted that the Mayor was not here at the
time, but he did share two of the pins with her staff. Mr. Penman indicated that since that
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02/20/2001
time, there has been another barrage of pettiness. He requested that all elected officials,
including himself, exercise positive leadership and stop the nonsense.
ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4)
City Administrator Wilson stated that it was his pleasure to announce that the City
of San Bernardino was one of 15 finalists nominated as being among the top companies to
work for in the Inland Empire, sponsored by the Business Press. The City will be
recognized at a special luncheon on February 23 at the Ontario Convention Center. Mr.
Wilson stated that it was important to recognize the .:fforts of the Mayor as well as the
Council and all the employees that are involved in making this organization a great place
to work. Secondly, Mr. Wilson stated that it was also his pleasure to announce that
Mayor Valles was the recipient of the Vision of Hope Award from the Diocese of San
Bernardino for her impact of gospel values on the community.
ANNOUNCEMENTS - CITY CLERK CLARK
(4)
City Clerk Clark announced that during a visit with Ernie Wilson, she learned that
Erna Schuiling, wife of Dr. Walt Schuiling and long time community activist and member
of the League of Women Voters, is terminally ill at Reche Canyon Rehabilitation Center,
1350 Reche Canyon Road, Room 128, Colton, 92324. She stated that Ernie Wilson is
also at Reche Canyon and is in Room 111. In addition, Ms. Clark extended happy
birthday wishes to former Mayor Al Ballard.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES
(5)
Council Member Anderson made a motion, seconded by Council Member Suarez,
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.
CLAIMS AND PAYROLL
(6)
Council Member Anderson made a motion, seconded by Council Member Suarez,
and unanimously carried, that the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated February 9, 2001 from Barbara Pachon,
Director of Finance, be approved.
PERSONNEL ACTIONS
(7)
Council Member Anderson made a motion, seconded by Council Member Suarez,
and unanimously carried, that the personnel actions as submitted by the Chief Examiner
dated February 14, 2001, 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.
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02/20/2001
RES. 2001-35 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ESTABLISHING A FAIR MARKET VALUE AND MINIMUM SALE
PRICE FOR CERTAIN CITY OWNED PARCELS OF REAL
PROPERTY GENERALLY LOCATED NORTH AND SOUTH OF
ORANGE SHOW ROAD, WEST OF WATERMAN AVENUE IN SAID
CITY AND GIVING NOTICE INVITING COMPETITIVE SEALED
AND ORAL BIDS FOR THE SALE OF SAID PROPERTY. (8)
RES. 2001-36 - RESOLUTION OF THE CITY OF SAN BERNARDINO
TERMINATING A LEASE AGREEMENT WITH THE EASTER SEAL
SOCIETY AND AUTHORIZING THE EXECUTION OF A LEASE
AGREEMENT WITH A SPECIAL PLACE CHILDREN'S HANDS-ON
MUSEUM FOR USE OF THE CODDINGTON BRANCH LIBRARY
BUILDING AS A CHILDREN'S MUSEUM IN SAN BERNARDINO.
(10)
Council Member Anderson made a motion, seconded by Council Member Suarez,
that said resolutions be adopted.
Resolution Nos. 2001-35 and 2001-36 were adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack.
Nays: None. Absent: None.
RES. 2001-37 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ORDERING THE SUMMARY VACATION OF A PORTION OF
STATE STREET AND ADJACENT SLOPE EASEMENT SOUTH OF
BASE LINE STREET IN THE CITY OF SAN BERNARDINO. (11)
Council Member Anderson made a motion, seconded by Council Member Suarez,
that Plan No. 10216, depicting the proposed vacation of a portion of State Street and
adjacent slope easement south of Base Line Street, be approved; and that said resolution be
adopted.
The motion carried and Resolution No. 2001-37 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
AUTHORIZE & APPROVE PLAN NO. 10225 - PROPOSED
VACATION - PORTIONS OF GANNETT PARKWAY, NORTHERLY
OF HALLMARK PARKWAY & PORTIONS OF McARTHUR
BOULEVARD, WESTERLY OF GANNETT PARKWAY (12)
James Funk, Director of Development Services, submitted a staff report dated
February 12, 2001, regarding the proposed vacation of portions of Gannett Parkway,
northerly of Hallmark Parkway and portions of McArthur Boulevard, westerly of Gannett
Parkway.
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02120/2001
Council Member Anderson made a motion, seconded by Council Member Suarez,
and unanimously carried, that the Director of Development Services be authorized to
proceed with the proposed vacation of portions of Gannett Parkway, northerly of Hallmark
Parkway, and portions of McArthur Boulevard, westerly of Gannett Parkway; and that
Plan No. 10225, depicting the proposed vacation be approved.
APPROVE - CONTRACT CHANGE ORDER NO. TWO - PYRAMID
BUILDING & CONSTRUCTION - INSTALLATION OF WALL
ALONG MOUNTAIN AVENUE BETWEEN 39TH STREET & 40TH
STREET (15)
James Funk, Director of Development Services, submitted a staff report dated
February 5, 2001, regarding Change Order No. Two to the contract with Pyramid
Building & Construction for the installation of a wall along Mountain Avenue between 39th
Street and 40'h Street.
Council Member Anderson made a motion, seconded by Council Member Suarez,
and unanimously carried, that the Mayor and Common Council authorize the Director of
Finance to amend the 2000/2001 budget and transfer $29,000 from Account No. 129-367-
5504-7156 "Street Improvements/ Safety Improvements - Citywide" to Account No. 129-
367-5504-7157 (Mountain Avenue south of 40th Street - remove sandbag wall and replace
with barrier); and that the Mayor and Common Council approve Contract Change Order
No. Two to the contract with Pyramid Building and Construction for the installation of a
wall along Mountain Avenue between 39'" Street and 40'h Street resulting in a net increase
in the contract amount of $40,952.94.
APPROVE - CONTRACT CHANGE ORDER NO. ONE - JANUS
CORPORATION ABATEMENT OF LEAD-BASED PAINT,
ASBESTOS, PCB, & CLEAN-UP AT THE SAN BERNARDINO
SANTA FE DEPOT (16)
James Funk, Director of Development Services, submitted a staff report dated
February 7, 2001, regarding Change Order No. One to the contract with Janus
Corporation for abatement of lead-based paint, asbestos, PCB, and clean-up at the San
Bernardino Santa Fe Depot.
Council Member Anderson made a motion, seconded by Council Member Suarez,
and unanimously carried, that the Mayor and Common Council approve Contract Change
Order No. One to the contract with Janus Corporation for abatement of lead-based paint,
asbestos, PCB, and clean-up at the San Bernardino Santa Fe Depot.
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0212012001
APPROVE - CONTRACT CHANGE ORDER NO. TWO - EARTH
TECH. A TYCO INTERNATIONAL LTD COMPANY
PROFESSIONAL ENVIRONMENTAL INSPECTION SERVICES FOR
LEAD-BASED PAINT, ASBESTOS, PCB ABATEMENT, & CLEAN-
UP AT THE SAN BERNARDINO SANTA FE DEPOT (17)
James Funk, Director of Development Services, submitted a staff report dated
February 7, 2001, regarding Change Order No. Two to the contract with Earth Tech., a
Tyco International L TD company, for professional environmental inspection services for
lead-based paint, asbestos, PCB abatement, and clean-up at the San Bernardino Santa Fe
Depot.
Council Member Anderson made a motion, seconded by Council Member Suarez,
and unanimously carried, that the Mayor and Common Council approve Contract Change
Order No. Two to the contract with Earth Tech., a Tyco International LTD company, for
professional environmental inspection services for lead-based paint, asbestos, PCB
abatement, and clean-up at the San Bernardino Santa Fe Depot.
RES. 2001-38 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 6413, SECTION ELEVEN,
ENTITLED IN PART, "A RESOLUTION... ESTABLISHING A BASIC
COMPENSATION PLAN..."; BY CODIFYING PRIOR COUNCIL
ACTIONS (MIDDLE-MANAGEMENT UNIT). (18)
RES. 2001-39 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE PURCHASING MANAGER TO ISSUE A
PURCHASE ORDER FOR $62,403 TO EXIGEN GROUP LTD. OF
CULVER CITY, CA. (19)
RES. 2001-40 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE PURCHASING MANAGER TO ISSUE A
PURCHASE ORDER FOR $45,896.80 TO AARDVARK TACTICAL OF
ARCADIA, CA. (20)
RES. 2001-41 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE MAYOR TO EXECUTE THE SECOND
AMENDMENT TO LIMITED ACCESS EASEMENT AGREEMENT
(TEMPORARY) BETWEEN THE CITY AND RANCON REALTY
FUND IV TO EXTEND TERM OF AGREEMENT RELATING TO THE
FORMER WATERMAN LANDFILL. (21)
RES. 2001-42 - A RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AN INCREASE TO AN ANNUAL
PURCHASE ORDER WITH TWO SINGLE YEAR RENEWAL
OPTIONS, TO FOURTH STREET ROCK FOR DISPOSAL OF STREET
SWEEPING MATERIALS. (22)
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02/20/2001
RES. 2001-43 - A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO GRANTING A
PERMANENT NON-EXCLUSIVE EASEMENT AND RIGHT-OF-WAY
TO THE SANTA ANA WATERSHED PROJECT AUTHORITY FOR
THE SANTA ANA REGIONAL INTERCEPTOR SEWER PIPELINE
ACROSS A PORTION OF CITY OWNED PROPERTY. (24)
Council Member Anderson made a motion, seconded by Council Member Suarez,
that said resolutions be adopted.
Resolution Nos. 2001-38, 2001-39, 2001-40, 2001-41, 2001-42, and 2001-43 were
adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None.
Council Member Schuetz stated that he would be abstaining on Agenda Item No.9
due to the fact that the involved party is a contributor to his campaign.
RES. 2001-44 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ESTABLISHING AND SETTING FAIR MARKET VALUE AND
SALES PRICE OF $8,950.00 AND DECLARING THE INTENTION OF
THE CITY TO SELL PROPERTY GENERALLY LOCATED EAST OF
STERLING AVENUE, NORTH OF FOOTHILL DRIVE IN THE CITY
OF SAN BERNARDINO, TO RONALD R. REZEK AND SETTING A
PUBLIC HEARING TO CONSIDER SAID SALE. (9)
Council Member McGinnis made a motion, seconded by Council Member Estrada,
that the Director of Development Services be authorized to proceed with the sale of a
portion of City Water Department property, located generally east of Sterling Avenue and
north of Foothill Drive in the City of San Bernardino; and that said resolution be adopted.
The motion carried and Resolution No. 2001-44 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGinnis, Suarez, Anderson,
McCammack. Nays: None. Abstentions: Council Member Schuetz. Absent: None.
RES. 2001-45 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A
RESOLUTION... DESIGNATING CERTAIN STREETS, OR
PORTIONS THEREOF AS THROUGH HIGHWAYS..." AND
DECLARING LUGO AVENUE A THROUGH HIGHWAY FROM
BASE LINE STREET TO SIXTEENTH STREET EXCEPT AT ITS
INTERSECTION WITH THIRTEENTH STREET. (13)
Council Member McCammack asked staff to explain the purpose of a through
highway.
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02/20/2001
Ray Casey, City Engineer, stated that a through highway provides support in the
approval of stop signs at intersecting streets.
Council Member McCammack asked if it was appropriate to have stop signs on the
main thoroughfare as opposed to the intersecting streets if a street is not declared a
through highway.
Mr. Casey stated that Ms. McCammack was describing a four-way stop at some
location on the through highway, and this would need to be determined by conducting a
full-blown warrant analysis.
Council Member McCammack inquired as to whether the volume of traffic was
considered.
Mr. Casey answered that traffic volume would be considered in a four-way stop
warrant analysis. He stated that volumes are taken into consideration when designating a
through highway and where the intersecting streets are approved for a two-way stop, but
indicated that the through highway is an element that would allow for that approval.
Council Member McCammack inquired as to whether the 1000 vehicles on Lugo
helped to determine that it not only needed to be designated a through highway, but that
the intersecting streets needed stop signs.
Mr. Casey stated that the volumes of the through street in relation to the volumes
of the intersecting streets helped in that determination.
Council Member Lien stated that she wanted to publicly acknowledge the efforts of
the DMV Neighborhood Association.
Council Member Lien made a motion, seconded by Council Member Suarez, that
said resolution be adopted.
Resolution No. 2001-45 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION...
DESIGNATING CERTAIN STREETS, OR PORTIONS THEREOF AS
THROUGH HIGHWAYS..." AND DECLARING UNIVERSAL
AVENUE A THROUGH HIGHWAY AT ITS INTERSECTION WITH
V ARSITY AVENUE AND DECLARING VARSITY AVENUE A
THROUGH HIGHWAY FROM COLLEGE A VENUE TO UNIVERSAL
AVENUE. (14)
Council Member Suarez requested that this matter be continued.
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02/20/2001
Mr. Chas Kelly, 5066 Varsity, San Bernardino. CA., member of the Kendall Hills
Neighborhood Association, requested that the Mayor and Council honor their petition to
install stop signs and speed limit signs. He stated that they appeared before the Traffic
Safety Committee on December 13; however, they did not request a three-way stop sign as
indicated in the backup material. They did request stop signs at Varsity and Grand to stop
the northbound and southbound traffic, also at Universal and Varsity, and Cambridge and
Universal. Mr. Kelley stated that the reason they made the requests was because Varsity,
Cambridge and Universal are being used as shortcuts off of University Parkway to Kendall
Drive. He stated that these vehicles are not residents as the Traffic Committee reported-
these are folks headed to the Verdemont area or to Cal State San Bernardino. The Traffic
Committee reported 1,542 vehicles in a 24-hour period from 6-9 a.m. and from 3:30-6:30
p.m. Mr. Kelly requested that the matter not be continued-that action be taken today.
Council Member Suarez stated that he was requesting the continuance so that all
the safety issues can be resolved.
Ray Casey, City Engineer, stated that he would like the opportunity to take the
issue back to the Traffic Safety Committee with the new information he learned today.
Council Member McCammack asked staff to explain how the Traffic Safety
Committee and the Traffic Engineering Department determined that the north-south stop
signs were not appropriate.
Mr. Casey stated that the volume warrant analysis compares the volumes of the
primary street with the intersecting streets, compares the relationship and the ratios, and
the minimum number of vehicles at the intersecting street to determine whether or not the
stop signs are warranted. The Committee looked at all the issues in this case and felt that
the one location was warranted.
Council Member McCammack stated that she did not find anything in the staff
report that explained why the original request from the Neighborhood Association was not
granted.
Mr. Casey stated that the decision was based on the analysis of the volume
warrants and the minimum warrants on the intersecting streets. Mr. Casey stated that he
would make sure there are no other mitigating circumstances that should be considered.
Council Member Suarez made a motion, seconded by Council Member McGinnis,
that the matter be continued to the first Council meeting following the next Traffic Safety
Committee meeting. (Note: The next Traffic Safety Committee meeting is scheduled to
be held on March 14, 2001.)
The motion carried by the following vote: Ayes: Council Members Estrada, Lien,
McGinnis, Schuetz, Suarez, Anderson. Nays: Council Member McCammack. Absent:
None.
14
02/20/2001
COUNCIL MEMBER ESTRADA EXCUSED
At 9:54 a.m., Council Member Estrada left the Council meeting.
APPROVE BUDGET TRANSFER S20,000 FROM CODE
COMPLIANCE TO PUBLIC SERVICES TO FUND BOARD-UP
SUPPLIES FOR CITY ABATEMENT CREW (23)
Glenn Baude, Director of Code Compliance, submitted a staff report dated
February 14, 2001, regarding a fiscal year 2000/2001 budget amendment to transfer
$20,000 from Code Compliance to Public Services to fund board-up supplies for the City's
abatement crew.
Council Member Lien inquired as to how many structures could be boarded up for
$20,000.
Mr. Baude stated that the expense of the board-ups was hard to predict, but
indicated that he expected $20,000 would cover the board-ups between now and June 30.
Council Member Lien stated that she would forward some information to Mr.
Baude that she received from the Community Partnership Development Corporation, a
non-profit corporation out of Los Angeles that does rehabs and manages multi-family units
and are interested in discussing whether their project might be of interest to the City.
Mr. Baude stated that he would be happy to look at anything that would reduce the
number of boarded up buildings in San Bernardino.
Council Member Lien made a motion, seconded by Council Member Anderson,
and unanimously carried, that the Director of Finance be authorized to amend the Fiscal
Year 2000-2001 budget to transfer $20,000 from Code Compliance, Account No. 001-
073-5505 (Contract Professional Services) to Public Services, Account No. 001-407-5111
(Materials and Supplies) to cover the cost of the in-house abatement program as discussed
in the staff report dated February 14, 2001, from Glenn Baude, Director of Code
Compliance.
APPROVE - MINUTES OF DECEMBER 4, 2000, MAYOR AND
COMMON COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
MEETING (Continued from February 5, 2001) (26)
Council Member Suarez made a motion, seconded by Council Member Schnetz,
and unanimously carried, that the minutes of the following meeting of the Mayor and
Common Council/Community Development Commission of the City of San Bernardino,
be approved as submitted in typewritten form: December 4, 2000.
15
02/20/2001
APPEAL HEARING - TERMINATION OF AGREEMENT FOR TOW
SERVICES - DANNY'S TOWING (Continued from October 2, 2000)
(Discussed later iu the meeting - page 27) (27)
Michael Billdt, Assistant Chief of Police, submitted a staff report dated February
13, 2001, regarding the appeal by Danny's Towing to be reinstated to the City's Tow
Rotation List.
Captain Curtis stated that this item had been continued four or five times since the
termination notice was given to Danny's Towing. Captain Curtis spent a few moments
recapping the administrative violations that occurred and the importance of having quality,
professional tow carriers serving the City of San Bernardino. Captain Curtis stated that in
a l5-month period the Police Department received and investigated seven complaints
against Danny's Towing. Of the seven complaints. five were sustained and the last
sustained complaint ended up with the Mayor terminating the tow service agreement. The
complaints involved damage to a vehicle towed by one of Danny's drivers, a bad check
written to the City for the franchise administrative fees, nonpayment of the franchise
administrative fees, a late response of 20 minutes, and the most severe complaint stemmed
from Danny's improperly securing vehicles towed by the City-they were parked outside
on the City streets-and when this was brought to his attention, his method of resolving
this was to falsify DMV documents and illegally dispose of the vehicles that led to a
criminal complaint being filed against him and a plea of nolo contendere, or no contest,
with a fine imposed and a three-year suspension.
Captain Curtis stated that the Tow Services Agreement specifies the timeframe for
violations and the recommended sanctions. On the tirst violation the tow carrier would
receive a letter of reprimand; on the second, a 30-day suspension; on the third, a 60- to
90-day suspension; and the fourth violation would result in termination. In each of these
cases, the sanctions imposed by the Police Department were far less. Captain Curtis
stated that the Police Department issued three letters of reprimand and a five-day
suspension, and it was not until the major violation occurred that they sought and received
termination.
Council Member McGinnis inquired whether the information had been shared with
the California Highway Patrol.
Captain Curtis stated that they had shared the information with the CHP.
Captain Curtis stated that they issued two letters of reprimand, imposed a
suspension, and then issued another letter of reprimand for the late response, which was a
minor violation. The last sustained complaint was a major violation to the Tow Service
Agreement that would call for the termination and would be independent of any previous
action taken.
Council Member Lien asked if Mr. Ring was going to address the Council
regarding the fact that Danny's owes the City more than $67,000.
16 02/20/2001
City Clerk Clark reminded the Mayor and Council that the hearing was closed on
October 2 and suggested reopening the hearing if they wished to take additional testimony.
City Attorney Penman stated that the hearing should be reopened if Council wanted
to hear from the appellant's attorney.
Mayor Valles opened the hearing.
Mr. Robert Ring of Ring & Green, legal counsel for Danny's Towing, stated that
Danny's is back on board with the California Highway Patrol (CHP). He stated that he
met with Captain Curtis and Lieutenant Lawrence and reviewed the seven violations-two
of which he believes are unfounded. He stated that the City of San Bernardino follows the
CHP's Tow Service Agreement for discipline-the same agreement the CHP dealt with
when it reinstated Danny's. He stated that certain crimes will automatically result in
termination and usually involve drugs, alcohol, etc., none of which are what Danny pled
nolo contendere to. Mr. Ring noted that Danny was issued a one-year suspension, which
according to the CHP, was adequate punishment for his mistake. Mr. Ring stated that the
disciplinary actions listed in the CHP's Tow Service Agreement were merely guidelines
and were not absolutes. He indicated that Danny has not been able to make a living for
the last year. Mr. Ring stated that Danny now uses an outside lien sale service, and there
would be no more problems with the paperwork. 1\1r. Ring stated that Danny recently
made a good faith payment of $2,000 to the City and will bring that current as soon as he
is able to earn money again.
Council Member Anderson stated that although she did not condone some of
Danny's actions, she questioned the validity of some of the charges and did not feel they
were serious enough to warrant being terminated from the towing service. Ms. Anderson
indicated that she wants the City to get its money back and Danny to continue doing
business in the Sixth Ward.
Council Member Schuetz asked what was the purpose of the original inspection of
the facility where the cars were observed to be improperly stored, and what was the
difference between a statement of facts and a lien sale procedure to dispose of junk cars.
Captain Curtis stated that the Police Department, as well as the CHP, has the
ability to conduct inspections at any time on any of the tow yards. The City did not direct
Danny's to dispose of the cars, but directed them to properly secure them within the tow
yard, not out on the public street. Captain Curtis stated that the Police Department was
following up on a hazardous material situation when they noticed the vehicles were being
improperly stored.
Officer Brad Lawrence, San Bernardino Police Department, explained both the lien
sale procedure and statement of facts.
Mr. Ring stated that it was in the City's best interest to reinstate Danny's Towing.
17
02/20/2001
Council Member McCammack stated that it was the City's responsibility to protect
itself and its citizens from litigation that may result from a wrongdoing by a tow company.
Mr. Ring responded by stating that the City does have that ultimate responsibility,
but argued that the responsibility is also directed at Danny, who is also a citizen. Mr.
Ring stated that there have been no citizen complaints made against Danny's Towing.
Council Member McGinnis stated that Danny's received a business license in
February of 1990 and the City entered into a loan agreement with him in July of 1993, and
inquired as to when he began his tow rotation with the City.
Captain Curtis stated that he didn't have that date, but it was done at the direction
of the Council after the loan was approved, and in December of 1998 Mr. Alcarez started
falling behind in making loan payments to EDA.
Council Member McGinnis stated that he wanted to confirm or refute the fact that
the loan agreement started first and then the tow rotation with the City followed.
Mr. Ring stated that Danny began his tow rotation in 1996.
Council Member McCammack asked if Mr. Ring knew at what point Danny's
Towing would be capable of becoming current with his loan with the City.
Mr. Ring stated that he did not know, but would be happy to meet with the Council
and his client to work out a payment schedule.
Council Member Anderson stated that the majority of the violations against
Danny's are minor and felt they did not warrant termination of his contract.
Council Member Schnetz stated that it was his feeling that the Police Department
had lost confidence in their subcontractor and inquired as to whether the Council should
force departments to work with people they don't have confidence in.
Mr. Ring stated that when he met with Captain Curtis and Lieutenant Lawrence he
was told that they would be able to work with Danny's Towing.
Council Member Lien stated that she was inclined to protect the City's financial
interest and inquired as to whether our legal counsel could pursue looking at a repayment
schedule and perhaps deducting loan payments from their franchise fees.
Council Member Anderson made a motion, seconded by Council Member Suarez,
and unanimously carried, that the public hearing be closed.
City Attorney Penman stated that if it is the inclination of the Mayor and Council
to grant the appeal, he suggested continuing the matter to the afternoon in order to work
out conditions for repayment.
18
02/2012001
It was the consensus of the Council to continue the matter to the afternoon.
Council Member Schnetz stated that in this instance the City does not pay the tow
company-the tow company pays the City a franchise fee and collects its fees from the
people whose cars have been towed. Mr. Schuetz indicated that he did not see a
mechanism by which the City could withhold money to make the mortgage payment.
Mr. Ring stated that the two issues were separate and urged the Council to make a
decision.
Mayor Valles agreed that the issues were separate; however, she stated that the
Council felt the need to be informed before making a decision.
CITY ATTORNEY PENMAN EXCUSED
At 11 a.m., City Attorney Penman left the Council meeting and was replaced by
Deputy City Attorney Empeiio.
DETERMINATION - PUBLIC CONVENIENCE OR NECESSITY -
TYPE 21 LIQUOR LICENSE - STATER BROS. MARKETS - 161 E.
40TH STREET (28)
James Funk, Director of Development Services, submitted a staff report dated
February 5, 2001, regarding determination of public convenience or necessity for a Type
21 Liquor License for Stater Bros. Markets at 161 E. 40th Street.
Council Member McGinnis made a motion, seconded by Council Member
Anderson, 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
21 (off-site general) liquor license for Stater Bros. Markets located at 161 E. 40th Street.
PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 00-04 -
CHANGE LAND USE DESIGNATION FROM RU-l, RESIDENTIAL
URBAN, TO CG-3, COMMERCIAL GENERAL - 5.4 ACRES ON
SOUTH SIDE OF NORTHPARK BOULEVARD, EAST OF
UNIVERSITY PARKWAY (Continued from January 22, 2001) (29)
Valerie Ross, Principal Planner, stated that David Mlynarski, on behalf of the
applicants, had requested that the matter be tabled indefinitely.
Council Member Anderson made a motion, seconded by Council Member
McGinnis, and unanimously carried, that the matter be tabled indefinitely.
19
02/20/2001
-_._---_._--_.~---_.-'-_._,----_._..._--~.._-'_."...------------_._--
PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 00-03 &
CONDITIONAL USE PERMIT NO. 00-16 - CHANGE LAND USE
DESIGNATION FROM CG-l, COMMERCIAL GENERAL, TO CH,
COMMERCIAL HEAVY - 12.7 ACRES ON MT. VERNON AVENUE
(30)
James Funk, Director of Development Services, submitted a staff report dated
January 30, 2001, regarding General Plan Amendment No. 00-03 and Conditional Use
Permit No. 00-16, to amend the General Plan land use designation from CG-l,
Commercial General, to CH, Commercial Heavy, to establish a swap meet on the west
side of Mt. Vernon Avenue at Johnston Street.
Mayor Valles opened the hearing.
Valerie Ross, Principal Planner, reviewed highlights of the staff report with the
Council.
Council Member Anderson stated that the City was having a rash of both indoor
and outdoor swap meets and inquired as to whether the City has considered placing a limit
on them.
Ms. Ross stated that it is staff's belief that the swap meets will be self-regulating
and there will only be as many as can be supported by residents in the area.
Council Member McGinnis spoke in favor of the project and stated that on the days
they are not conducting business, the applicants will allow college students to utilize their
parking lot free of charge.
Dr. Deylyne McCampbell, 1457 Mt. Vernon. San Bernardino, CA, local pastor
and chaplain director of the Fontana Police Department, spoke in favor of the project.
Council Member Schuetz stated that although it was a nice facility, he did not feel
a swap meet was the highest and best use of the 17 acre piece of property, but viewed it as
an interim use. He felt it would be prudent to hold the property until such time as land
values increase and it could accommodate some other type of development in the future.
RES. 2001-46 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING GENERAL PLAN AMENDMENT NO. 00-03 TO THE
GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO
AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM
CG-l, COMMERCIAL GENERAL, TO CH, COMMERCIAL HEAVY,
FOR 12.7 ACRES LOCATED ON THE WEST SIDE OF MT. VERNON
A VENUE, NORTH OF JOHNSTON STREET. (30)
Council Member McGinnis made a motion, seconded by Council Member
Anderson, and unanimously carried, that the public hearing be closed.
20
02/20/2001
Council Member Anderson made a motion, seconded by Council Member Suarez,
that said resolution be adopted which approves General Plan Amendment No. 00-03, adopt
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,
and approve Conditional Use Permit No. 00-16, based on the Findings of Fact in the
Planning Commission staff report, subject to the Conditions of Approval and Standard
Requirements.
The motion carried and Resolution No. 2001-46 was adopted by the following
vote: Ayes: Council Members Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member Estrada.
COUNCIL MEMBER McCAMMACK EXCUSED
At 11: 14 a.m., Council Member McCammack declared a possible conflict of
interest on Agenda Items 31 and 32 due to the close proximity of the market to her
business, and left the Council meeting.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 11:14 a.m., City Attorney Empeiio left the Council meeting and was replaced
by City Attorney Penman.
PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 01-
01 - ESTABLISH NEIGHBORHOOD GROCERY STORES (WITH OR
WITHOUT ALCOHOL) AS A PERMITTED LAND USE ACTIVITY IN
VARIOUS LAND USE DISTRICTS SUBJECT TO A CONDITIONAL
USE PERMIT. (31)
James Funk, Director of Development Services, submitted a staff report dated
January 31, 2001, regarding Development Code Amendment No. 01-01 to establish
neighborhood grocery stores (with or without alcohol) as a permitted land use activity in
various land use districts subject to a Conditional Use Permit.
Mayor Valles opened the hearing.
Valerie Ross, Principal Planner, reviewed highlights of the staff report with the
Council.
There was discussion on how staff arrived at the maximum square footage of sales
area that can be used for the display or sale of alcohol.
Council Member Lien highlighted the benefits of having small neighborhood
grocery stores.
Frank Tais, restaurant market consultant, voiced his concern at not being allowed
single sales of beer and wine and the fact that his hours of operation were limited.
21 02/20/2001
AN ORDINANCE OF THE CITY OF SAN BERNARDINO
MODIFYING CHAPTER 19.02 (DEFINITIONS) AND CHAPTER 19.06
(COMMERCIAL DISTRICTS) OF THE SAN BERNARDINO
MUNICIPAL CODE (DEVELOPMENT CODE) TO MODIFY TEXT
RELATED TO DEFINITIONS, REQUIREMENTS AND STANDARDS
FOR NEIGHBORHOOD GROCERY STORES. First (31)
Council Member Anderson made a motion, seconded by Council Member Suarez,
and unanimously carried, that the public hearing be closed, that said ordinance be laid
over for final adoption; and that Planning staff be directed to prepare an amendment to the
Development Code relating to signage for neighborhood grocery stores.
APPROVE CONDITIONAL USE PERMIT NO. 00-15
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY
ALCOHOLIC BEVERAGE CONTROL TYPE 20 LICENSE
CARNICERIA LA FAMOSA MARKET - 397 W. HIGHLAND
A VENUE (32)
James Funk, Director of Development Services, submitted a staff report dated
February 5, 2001, regarding Conditional Use Permit No. 00-15 and a Determination of
Public Convenience or Necessity for an Alcoholic Beverage Control Type 20 license for
the Carniceria La Famosa Market located at 397 W. Highland Avenue.
Valerie Ross, Principal Planner, reviewed highlights of the staff report with the
Council.
Council Member Lien stated that the conditions of approval should be amended to
reflect the hours of operation from 7 a.m. to 9 p.m. to be consistent with the Development
Code.
Council Member Suarez made a motion, seconded by Council Member McGinnis,
and unanimously carried, that the Mayor and Common Council approve Conditional Use
Permit No. 00-15 and 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-sale beer and wine) license for the
Carniceria La Famosa Market located at 397 W. Highland Avenue; and that the hours of
operation be changed to 7 a.m. to 9 p.m. to be consistent with the Development Code.
COUNCIL MEMBER McCAMMACK RETURNED
At 11:33 a.m., Council Member McCammack returned to the Council meeting and
took her place at the Council table.
22
02120/2001
AUTHORIZE CITY CLERK - SUBJECT TO RECOMMENDATION OF
CITY ATTORNEY - TO RETAIN OUTSIDE SPECIAL COUNSEL
SERVICES FOR PURPOSE OF OBTAINING ANY & ALL LEGAL
ADVICE CONCERNING QUESTIONS & ISSUES ON REFERENDUM
TO OVERTURN ORDINANCE NO. Me. 109 ! - ADOPTED BY
COUNCIL ON JANUARY 16, 2001 - REPEALING CHAPTER 2.20 OF
THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CITY
ATTORNEY APPROVAL TO RETAIN OUTSIDE SPECIAL COUNSEL
SERVICES (33)
James F. Penman, City Attorney, submitted a ~taff report dated February 8, 2001,
regarding the request that the City Clerk be authorized, subject to recommendation of the
City Attorney, to retain outside special counsel services for the purpose of obtaining any
and all legal advice concerning questions and issues on the referendum to overturn
Ordinance No. MC-1091, which was adopted by the Council on January 16, 2001; said
ordinance repeals Chapter 2.20 of the San Bernardino Municipal Code relating to City
Attorney approval to retain outside special counsel services.
City Attorney Penman stated that the Registrar of Voters is currently counting the
signatures on the referendum and felt this was the appropriate time for his office to
conflict off. He indicated that the City Clerk will certify the petition as having the valid
number of signatures or make a determination that it does not and he noted that the
decision will have to be made prior to the next Council meeting.
City Clerk Clark asked City Attorney Penman to clarify that if she did have to
select legal counsel, it could be legal counsel of her own choosing.
City Attorney Penman stated that it would be the independent counsel of the City
Clerk's choosing.
Council Member Lien made a motion, seconded by Council Member Suarez, and
unanimously carried, that the City Clerk be authorized, subject to the recommendation of
the City Attorney, to retain outside special counsel services for the purpose of obtaining
any and all legal advice concerning questions and issues on the referendum to overturn
Ordinance No. MC-1091, which was adopted by the Council on January 16, 2001; said
ordinance repeals Chapter 2.20 of the San Bernardino Municipal Code relating to City
Attorney approval to retain outside special counsel services.
CONFLICT ON REFERENDUM PETITION AGAINST ORDINANCE
NO. MC-I091 - CITY CLERK CLARK (34)
Council Member McCammack submitted a staff report dated February 14, 2001,
regarding City Clerk conflict on Referendum against Council Ordinance MC-1091.
23
02/20/2001
Ms. McCammack read into the record the letter written to City Clerk Clark and
signed by her and former Mayor Evlyn Wilcox requesting that the City Clerk disqualify
herself as the elections official on the proposed measure.
Ms. McCammack cited several instances that led to her request.
City Clerk Clark read into the record her response to the letter prepared by Council
Member McCammack and former Mayor Wilcox.
Council Member McGinnis stated that the accusations made against the City Clerk
were unfounded, and he could not believe the matter was even brought to the Council.
The following individuals spoke in favor of Council Member McCammack's
request that the City Clerk disqualify herself as elections official: Russ Wathey, San
Bernardino, CA; and Roger Henderson, 2516 Valencia, San Bernardino, CA.
The following individual spoke in opposition to Council Member McCammack's
request that the City Clerk disqualify herself as elections official: Gil Navarro, Chairman
of the Mexican American Political Association (MAPA).
City Clerk Clark referred to the pertinent sections of both the Elections Code and
Government Code relative to the referendum process.
Council Member McCammack stated that she never suggested that the City Clerk
has ever or would misuse her office or her power.
Council Member McGinnis stated that the City Clerk's reputation is impeccable
and the only reasons for bringing this forward were political.
Council Member McCammack stated that the City Clerk is very helpful when it
comes to candidates, but when it comes to specifics regarding an issue she is not
comfortable with, she does not provide the same amount of information.
Discussion ensued regarding the staff report submitted by Council Member
McCammack.
Council Member McCammack made a motion, seconded by Council Member
Anderson, that the Mayor and Common Council encourage the City Clerk to disqualify
herself as the elections official regarding the Referendum Petition against Ordinance No.
MC-I091.
The motion failed by the following vote: Ayes: Council Member McCammack.
Nays: Council Members Lien, McGinnis, Schnetz, Suarez. Abstentions: Council
Member Anderson. Absent: Council Member Estrada.
24
02/20/2001
REJECT ALL BIDS - INSTALLATION OF UPGRADED TRAFFIC
SIGNAL HEADS & LIGHT EMITTING DIODE (LED) TRAFFIC
SIGNAL LAMPS AT SIGNALIZED INTERSECTIONS THROUGHOUT
CITY - AUTHORIZE EXPENDITURE OF $1,326,920 TO PURCHASE
& INSTALL APPROXIMATELY 8,151 LAl'vIPS THROUGHOUT THE
CITY (35)
James Funk, Director of Development Services, submitted a staff report dated
February 13, 2001, regarding authorization to reject all bids for the installation of
upgraded traffic signal heads and Light Emitting Diode (LED) traffic signal lamps at
signalized intersections throughout the City and authorizing the expenditure of $1,326,920
to purchase and install approximately 8,151 lamps throughout the City.
RES. 2001-47 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO REJECTING ALL
BIDS RECEIVED ON FEBRUARY 6, 2001, FOR A PROJECT TO
RETROFIT EXISTING INCANDESCENT TRAFFIC SIGNAL LAMPS
CITYWIDE WITH LIGHT EMITTING DIODE (LED) LAMPS; AND
APPROVING THE EXECUTION OF A PURCHASE ORDER WITH
SYNCHRONEX FOR THE SUPPLY OF A MAXIMUM OF 8,151
LIGHT EMITTING DIODE (LED) BULBS TO THE CITY OF SAN
BERNARDINO. (35)
Council Member Lien made a motion, seconded by Council Member McGinnis,
that said resolution be adopted; and that the Director of Finance be authorized to amend
the 200012001 budget to include $1,326,920 in Account Number 631-332-5504-7218
(Utility Fund - expense) and $918,720 in Account Number 631-000-4944 (LED Retrofit
Program - revenue), leaving a local match requirement of $408,200 to be paid over the
next two years from energy savings.
The motion carried and Resolution No. 2001-47 was adopted by the following
vote: Ayes: Council Members Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member Estrada.
RECESS MEETING
At 12:08 p.m., Mayor Valles recessed the meeting to the Economic Development
Agency Boardroom for a luncheon workshop.
RECONVENE MEETING
At 12:15 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 City Clerk Clark with the following being present: Mayor
Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
25
02/20/2001
McCammack; Senior Assistant City Attorney Carlyle, City Administrator Wilson, City
Clerk Clark. Absent: None.
LUNCHEON WORKSHOP - 12 NOON - ECONOMIC DEVELOPMENT
AGENCY BOARDROOM - SANTA FE DEPOT AREA UPDATE
(36)
Ray Casey, City Engineer, introduced Wayne Donaldson, Consultant with the
Architectural Firm of Milford Wayne Donaldson, who provided the Council with an
update of the Santa Fe Depot Restoration and Rehabilitation Project. Mr. Donaldson
invited the Council to attend a public workshop tonight at the Feldheym Library from 6:30
to 8:00 p.m.
Mr. Casey introduced Jarb Thaipejr, Project Manager and member of his staff,
who worked closely with Milford Wayne Donaldson and was instrumental in the funding
aspects of the project.
Ali Cayir, President of Transtech Engineers, Inc. , distributed copies of the
Concept Improvement Plan and Master Plan Concept Proposal for the Santa Fe Railroad
Historic Depot District and discussed proposed improvements to the surrounding
neighborhood.
ADJOURN MEETING
At 1:45 p.m., the luncheon workshop adjourned to 2:00 p.m. in the Council
Chambers of City Hall.
RECONVENE MEETING
At 2: 13 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 City Clerk Clark with the following being present: Mayor
Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack; City Attorney Penman, City Administrator Wilson, City Clerk Clark.
Absent: None.
RECESS MEETING - CLOSED SESSION (Discussed earlier and later
in the meeting - pages 1 & 30) (1)
At 2:13 p.m., the Mayor and Common Council and Community Development
Commission recessed to closed session for the following:
Pursuant to Government Code Sections and for consideration of cases listed under
Agenda Item No. IB on page two of these minutes.
26
02/20/2001
CLOSED SESSION
At 2: 13 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 City Clerk Clark with the following being present: Mayor
Valles; Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack; City Attorney Penman, City Administrator Wilson, City Clerk Clark.
Absent: None.
Also present: Senior Assistant City Attorneys Simmons and Carlyle; Captain
Curtis, Police Department; Economic Development Agency Executive Director Van
Osdel, Special Counsel Sabo, and Special Counsel Williams of Lewis, D'Amato, Brisbois
& Bisgaard.
SENIOR ASSISTANT CITY ATTORNEY SIMMONS & CAPTAIN
CURTIS, POLICE DEPARTMENT, EXCUSED
At 2:19 p.m. Senior Assistant City Attorney Simmons and Captain Curtis, Police
Department, left the closed session.
ADMINISTRATIVE OPERATIONS SUPERVISOR ANDERSON, CITY
ATTORNEY'S OFFICE, ARRIVED
At 2:20 p.m., Administrative Operations Supervisor Anderson, City Attorney's
Office, arrived at the closed session.
ADJOURN CLOSED SESSION
At 2:28 p.m., the closed session adjourned to the Council Chambers of City Hall.
RECONVENE MEETING
At 2:28 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 City Clerk Clark with the following being present: Mayor
Valles; Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack; City Attorney Penman, City Administrator Wilson, City Clerk Clark.
Absent: None.
APPEAL HEARING - TERMINATION OF AGREEMENT FOR TOW
SERVICES - DANNY'S TOWING (Continued from October 2, 2000)
(Discussed earlier in the meeting - page 16) (27)
Council Member Lien inquired as to what would be the length of the contract if
Danny's Towing were to be reinstated to the City's Tow Rotation List.
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02/2012001
Captain Curtis stated that unless removed, Danny's Towing would permanently
remain on the City's Tow Rotation.
Council Member Anderson made a motion, seconded by Council Member
McGinnis, and unanimously carried, that the Mayor and Common Council reinstate
Danny's Towing to the City's Tow Rotation List.
RES. 2001-48 - A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING A
QUITCLAIM DEED FROM THE SANTA ANA WATERSHED
PROJECT AUTHORITY FOR AN UNDIVIDED 80% INTEREST AS
TENANTS IN COMMON FOR REAL PROPERTY IN THE CITY OF
COLTON, COUNTY OF SAN BERNARDINO, INCLUDING ALL
STRUCTURES AND IMPROVEMENTS OF WHATEVER KIND AND
NATURE SITUATED ON THE REAL PROPERTY, AND
DEDICATING THE PROPERTY AND IMPROVEMENTS FOR
WATER DEPARTMENT USE. (25)
Council Member Estrada asked if the City would have 80 percent liability m
addition to the 80 percent interest in the real property that was acquired.
Bernard Kersey, Water Department General Manager, stated that the City would
have 80 percent undivided interest and 80 percent liability, and that the project was
already in operation.
Council Member Estrada made a motion, seconded by Council Member McGinnis,
that said resolution be adopted.
Resolution No. 2001-48 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
CITY ATTORNEY PENMAN EXCUSED
At 2:35 p.m., City Attorney Penman left the Council meeting and was replaced by
Senior Assistant City Attorney Carlyle.
CITY ADMINISTRATOR WILSON EXCUSED
At 2:35 p.m., City Administrator Wilson left the Council meeting.
ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR
VAN OSDEL & SPECIAL COUNCIL SABO ARRIVED
At 2:35 p.m., Economic Development Agency Executive Director Van Osdel and
Special Counsel Sabo arrived at the Council meeting.
28
02/20/2001
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 2:35 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 Communities Financing Authority and Mayor and Common
Council.
RES. CDC/2001-10 - RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION APPROVING THE AMENDMENT
NO.1 TO THE AFFORDABLE SENIOR CITIZEN RENTAL HOUSING
DISPOSITION AND DEVELOPMENT AGREEMENT (THE
"AMENDMENT") BY AND BETWEEN THE REDEVELOPMENT
AGENCY AND SAN BERNARDINO SENIOR HOUSING, INC., A
CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION
INCREASING THE AGENCY GRANT TO $224,000 FOR THE 75
UNIT SENIOR HOUSING COMPLEX LOCATED AT 1530 BASELINE
STREET, SAN BERNARDINO; AND AUTHORIZING AND
APPROVING THE AGENCY CHAIRPERSON AND SECRETARY TO
EXECUTE THE AMENDMENT ON BEHALF OF THE AGENCY -
NORTHWEST PROJECT AREA. (R37)
Maggie Pacheco, Economic Development Agency Director of Housing and
Community Development, reviewed highlights of the staff report with the Council and
stated that they were nearing the point of resubmitting the documents to HUD for approval
to commence construction. Ms. Pacheco noted that Council Members Estrada and
Anderson requested better renderings than were presented at the Redevelopment
Committee meeting and that they also had concerns about the aesthetics of the project.
Council Member Anderson inquired as to when the project would begin.
J ohu Sharky, Project Architect, estimated that the project would begin in
approximately 3 months with a 12-month construction period.
Council Member Lien asked if there would be any impact to the HOME Funds.
Ms. Pacheco stated that the increase will not impact the HOME Fund balance and
indicated that the Agency will receive another appropriation of $1. 9 million on July 1,
2001.
Council Member Anderson made a motion, seconded by Council Member
McGinnis, that said resolution be adopted.
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02/20/2001
Resolution No. CDC/2001-1O was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Schnetz, Suarez. Anderson, McCammack. Nays:
None. Absent: None.
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO, AS THE
GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO, APPROVING THAT CERTAIN 2001
LEASE AGREEMENT (EAST V ALLEY WATER DISTRICT) BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO AND EAST VALLEY WATER DISTRICT ON
THE TERMS SET FORTH IN SUCH AGREEMENT. (Continued from
February 5, 2001) (R38)
Gary Van Osdel, Economic Development Agency Executive Director, stated that
the matter was not ready to move forward and requested the matter be continued to March
5, 2001.
Council Member McGinnis made a motion, seconded by Council Member Lien,
and unanimously carried, that the matter be continued to March 5, 2001.
RECESS MEETING - CLOSED SESSION (Discussed earlier in the
meeting - pages 1 & 26) (1)
At 2:43 p.m., the Mayor and Common Council and Community Development
Commission recessed to closed session for the following:
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:
Evacuees - 2057 North Mt. Vernon Avenue
Cypress Inn Mobile Home Park
CLOSED SESSION
At 2:43 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 City Clerk Clark with the following being present: Mayor
Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City
Administrator Wilson. Absent: None.
Also present: Deputy City Attorney Empeiio, and Administrative Operations
Supervisor Anderson, City Attorney's Office; Economic Development Agency Executive
Director Van Osdel, Special Counsel Sabo and Special Counsel Williams of Lewis,
30
02/20/2001
D' Amato, Brisbois & Bisgaard; and Special Counsel Kelly of Gresham, Savage, Nolan
and Tilden.
COUNCIL MEMBER ANDERSON EXCUSED
At 3:02 p.m., Council Member Anderson left the closed session.
COUNCIL MEMBER ANDERSON RETURNED
At 3:05 p.m., Council Member Anderson returned to the closed session.
ADJOURN CLOSED SESSION
At 3: 15 p.m., the closed session adjourned to the Council Chambers of City Hall.
RECONVENE MEETING
At 3:15 p.m., Chairwoman Valles reconvened the joint regular meeting 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 and
Mayor and Common Council.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being present: Mayor
Valles; Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack; Senior Assistant City Attorney Carlyle, Economic Development Agency
Executive Director Van Osdel and Special Counsel Sabo, City Clerk Clark. Absent:
None.
APPEAL FILED BY LEONARD PAUL LOPEZ, ESQ., INLAND
EMPIRE LATINO LAWYERS ASSOCIATION INC., - REQUEST FOR
STAY - CERTAIN ACTIONS & DETERMINATIONS OF THE
ECONOMIC DEVELOPMENT AGENCY & THE OFFICE OF THE
CITY ATTORNEY - CYPRESS INN MOBILE HOME PARK
(Continued from February 5, 2001) (R39)
City Clerk Clark stated that she received a request from Attorney Leonard Paul
Lopez indicating that they wished to withdraw their appeal.
Council Member Schnetz made a motion, seconded by Council Member Anderson,
and unanimously carried, that the matter be tabled.
Note: Agenda Items R40 and R4l were comhined at the request of Caitlin Casso
Watters of Inland Counties Legal Services.
APPEAL FILED BY CAITLIN CASSo WATTERS, INLAND
COUNTIES LEGAL SERVICES INC., - REQUEST FOR STAY -
CERTAIN ACTIONS & DETERMINATIONS OF THE ECONOMIC
DEVELOPMENT AGENCY & THE OFFICE OF THE CITY
ATTORNEY - CYPRESS INN MOBILE HOME PARK (R40)
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02/20/2001
APPEAL FILED BY ROBERT S. RODDICK, INLAND COUNTIES
LEGAL SERVICES - REQUEST FOR STAY - CERTAIN ACTIONS &
DETERMINATIONS OF THE ECONOMIC DEVELOPMENT
AGENCY & THE OFFICE OF THE CITY ATTORNEY - CYPRESS
INN MOBILE HOME PARK (R41)
Mayor Valles opened the hearing.
Bob Roddick, Inland Counties Legal Services, stated that he is the Attorney
representing several families that currently reside at Cypress Inn Mobile Home Park and a
number of families that have been dislocated. Mr. Roddick stated that the appeal
addresses the fact that not enough time was given to the dislocated families to allow them
to find alternative housing. He addressed the myth that the City has been more than kind
to the people and the fact that they had to be relocated in the first place. He met with a
State code enforcement officer who stated that the sweep of the park was overzealous.
Mr. Roddick stated that civil rights issues and equal protection issues have been raised
with this matter.
Gil Navarro, Chairman of the Mexican American Political Association (MAPA),
stated that the action to illegally evict the families was initiated by the City, therefore, it
was up to the City to treat the families with fairness.
Special Counsel Sabo advised that there is no specific action required on this matter
and the intent was to have the hearing and receive input for whatever type of
recommendation the Council may wish to bring forward.
City Attorney Penman addressed Mr. Navarro's concerns by stating that the City
did not cause the situation. He stated that the Mobile Home Park has been in a state of
disrepair for several years and the families were fortunate to have the Economic
Development Agency and Ms. Pacheco handling the relocation.
Council Member Schuetz asked if anyone was still living in the motels that were
being paid for by the City.
Ms. Pacheco stated that to her knowledge all families had vacated the motel and if
any families remained behind, they were doing so at their own expense. EDA committed
to making payment on behalf of the families until February 10. She stated that the original
cutoff was January 31, but there were some instances where they granted a 2-week
extension. Thereafter, anyone who had not completed their move was not given an
extension, and they were told that if they stayed behind in the motel they would have to
pay for it themselves. Ms. Pacheco stated that the City authorized approximately 60 days
beginning December 14, and that she took the liberty of extending that date to February
10.
Council Member Schnetz stated that the City allocated a certain amount of housing
funds to be used both for providing shelter and either down-payment assistance on a new
32
02/20/2001
home or first and last month's payment on a rental of another home, and asked Ms.
Pacheco how many families elected to take advantage of that program.
Ms. Pacheco stated that 23 families were evacuated and approximately 10 of those
families elected to purchase a unit, and 4 of those t:iected to rent an apartment. She
indicated that there were probably 2 families whose transactions have not been completed,
although their payments have been processed.
Council Member Schnetz stated that he was contacted by a consultant who
indicated that there is a statute in State law that gives a remedy to the tenants and possibly
to the Agency in this instance to recoup the money that was expended that could be
attributed to the lack of the landlord maintaining the facility. Council Member Schnetz
inquired as to whether the City could look into that.
Ms. Pacheco stated that she was not aware of that law, but indicated that she and
Mr. Van Osdel have had discussions with Mr. Penman regarding the attempt on behalf of
the City to try to recapture some of the money when used for evacuees or displacees
because the revenues for these programs are coming from the Redevelopment Agency.
City Attorney Penman agreed that there is a State statute that permits recovery for
the tenants and stated that his office could pursue the matter if it is the desire of the
Council.
Council Member McGinnis asked if every family was extended the opportunity for
housing relocation.
Ms. Pacheco answered that all families were counseled and provided with any
information EDA had with regard to how much money would be available to them and
also what mortgage assistance was available. She stated that EDA arranges for lenders for
any family that can qualify for a home, they prepare the financing through the lenders and
provide mortgage assistance coupled with the grant of $5,000 to each family that chose to
purchase a unit.
Council Member McGinnis suggested that Ms. Pacheco compile a list of all the
families and the options they were given, and stated that he felt the City has done more
than their obligation to the evacuees.
Mayor Valles felt it would be helpful if the Council could be provided with a
chronology of the events and the resultant actions---the number of families for which
lodging was found and where they're located, the families that opted to rent and those that
opted to return, and the cost of rehabilitating their homes.
Ms. Pacheco stated that she would be happy to provide that information to the
Council.
33
02/20/2001
City Attorney Penman stated that any chronology should be provided to the Mayor
and Council in closed session since several of the evacuees have retained counsel and there
have been threats of lawsuits.
Mr. Roddick stated that to a large extent the appeal is a moot point except for two
families who are essentially homeless, and indicated that it was on their behalf that he was
making the appeal.
Ms. Pacheco stated that it was her understanding that both families were in the
process of negotiating with the seller of a mobile home unit and noted that both families
received $5,000 from EDA in January.
Mayor Valles recommended that negotiations take place with the appropriate park
managers with the assistance of Ms. Pacheco and Mr. Roddick.
Gil Navarro, MAPA, stated that it was determined that Mr. Penman had a conflict
of interest and the fact that he asked Ms. Pacheco to provide information in closed session
was illegal. He noted that any money spent was public information.
City Attorney Penman stated that his office has not conflicted off of anything. He
indicated that he asked Mr. Sabo to advise the Council for the purpose of the hearings and
that his office is advising EDA staff for the purpose of the hearings. He noted that if any
lawsuits are brought against the City, he expected to be fully involved in the defense of
those lawsuits.
Council Member McCammack made a motion, seconded by Council Member
McGinnis, and unanimously carried, that the public hearing be closed.
ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR
V AN OSDEL & SPECIAL COUNCIL SABO EXCUSED
At 3:53 p.m., Economic Development Agency Executive Director Van Osdel and
Special Counsel Sabo left the Council meeting.
CITY ATTORNEY PENMAN EXCUSED
At 3:55 p.m., City Attorney Penman left the Council meeting and was replaced by
Senior Assistant City Attorney Carlyle.
PUBLIC COMMENTS
(42)
Dan Walker, 1695 Conejo, San Bernardino, CA, stated that everyone has the right
to make a mistake. He stated that he felt the City has a dedicated Mayor and City
Attorney and that the lakes and streams project will benefit the City. Mr. Walker urged
the City to get down to work. He stated that the first job of any government is to secure
the borders, the second is to make sure the streets are safe, and the third is to maintain the
infrastructure. He noted that regulation, eviction, and entertainment is not really the
City's job-the City's job is to serve the people.
34
02/20/2001
Pamela Zander, a resident of San Bernardino, voiced her concern regarding a
letter sent to the City from the Attorney General's Office dated August 11, 2000, which
addressed the fact that the City is in violation of not amending its General Plan. Ms.
Zander stated that at a recent occurrence at City Hall her right to gain signatures was
violated.
Wilma Morgan, 334 Orange, San Bernardino, CA, stated that a senous dog
problem exists in the City and requested that something be done about it.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding toxic
waste at Norton Air Force Base and the lack of reinforcement of the runway.
ADJOURNMENT
(43)
The meeting was adjourned at 4:06 p.m. The next joint regular meeting of the
Mayor and Common Council and Community Development Commission will be held at 8
a.m., Monday, March 5, 2001, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
By4tdA ~ Jud~--.uI )
Linda Sutherland
Deputy City Clerk
No. of Items: 43
No. of Hours: 6
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02/20/200 1