HomeMy WebLinkAbout03-19-2001 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MARCH 19, 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 8:14 a.m., Monday, March 19, 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, McGinnis, Suarez, Anderson, McCammack; City
Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council
Members Lien, Schnetz.
City Attorney Penman announced that Supplemental Agenda Item No. SI would also
be discussed in closed session (see Item No. 1C listed below).
RECESS MEETING - CLOSED SESSION (Discussed later in the
meeting - pages 5 & 23) (1 & SI)
At 8: 14 a.m., the Mayor and Common Council and the 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):
Highland Hills Homeowner Association v. Citv of San Bernardino. et al. -
San Bernardino Superior Court Case No. 241464;
Soliman v. Citv of San Bernardino. et al. - San Bernardino Superior Court
Case No. SCVSS 66744;
Aldama v. Citv of San Bernardino - San Bernardino Superior Court Case
No. SCVSS 61691;
Cervantes v. Citv of San Bernardino - San Bernardino Superior Court Case
No. SCV 54794;
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Hamilton v. Citv of San Bernardino - United States District Court Case No.
EDV 00-107 RT (RNBx);
Olvera v. Citv of San Bernardino - San Bernardino Superior Court Case No.
SCVSS 59683;
Tavlor v. Citv of San Bernardino - United States District Court Case No.
CV 99-2138 NM (Ox);
Walker v. Citv of San Bernardino - United States District Court Case No.
SACV 98-196 AHS (EEx).
B. Conference with legal counsel - anticipated litigation - significant exposure
to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government
Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of litigation
- pursuant to subdivision (c) of Government Code Section 54956.9.
Citv of San Bernardino. Redevelopment Agencv of the Citv of San
Bernardino. Economic Develooment Agencv v. Jaime Alvarez. Marisela
Alvarez Labistida. Eunice Alvarez. Elena Alvarez Labistida. Gina Alvarez
Bosch. Adrienne Christine Holes. Hector Labistida. Jason Omar Bosch. Does
1-50.
D. 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 the 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.
Prooertv Address:
All County owned properties located within the
Neighborhood Initiative Target Area No. One,
generally bounded by IS'" Street on the north,
13'" Street on the south, "D" Street on the west,
and Sierra Way on the east, within the City of
San Bernardino
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Negotiating Parties:
Gary Van Osdel, on behalf of the
Redevelopment Agency of the City of San
Bernardino: and the County of San Bernardino,
Department of Economic and Community
Development
Under Negotiation:
Purchase telms and conditions
CLOSED SESSION
At 8:14 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, Suarez, Anderson, McCammack; City
Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council
Members Lien and Schnetz.
Also present: Senior Assistant City Attorney Simmons, Administrative Operations
Supervisor Anderson, City Attorney's Office.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Sutherland 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 while the Mayor and Common Council and Community
Development Commission were in closed session.
CITY ADMINISTRATOR WILSON, SENIOR ASSIST ANT CITY
ATTORNEY SIMMONS & ADMINISTRATIVE OPERATIONS
SUPERVISOR ANDERSON EXCUSED
At 8:28 a.m., City Administrator Wilson, Senior Assistant City Attorney Simmons
and Administrative Operations Supervisor Anderson left the closed session.
COUNCIL MEMBER LIEN ARRIVED
At 8:39 a.m., Council Member Lien arrived at the closed session.
CITY CLERK CLARK EXCUSED
At 9: 10 a.m., City Clerk Clark left the closed session.
CITY CLERK CLARK RETURNED
At 9: 12 a.m., City Clerk Clark returned to the closed session.
ADJOURN CLOSED SESSION
At 9:40 a.m., the closed session adjourned to the Council Chambers of City Hall.
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RECONVENE MEETING
At 9:41 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, Suarez, Anderson, McCammack; City
Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member
Schnetz.
Mayor Valles asked that a moment of silence be observed in memory of Mr. Elpidio
Estrada, father of Councilwoman Esther Estrada, who passed away on March 8.
CITY CLERK CLARK EXCUSED
At 9:43 a.m., City Clerk Clark left the meeting and was replaced by Deputy City
Clerk Medina.
INVOCATION
The invocation was given by Bishop J. W. Tucker of Praise Tabernacle Church.
PLEDGE
The pledge of allegiance was led by Alex Raya, a fifth grade student at Bradley
Elementary School.
APPOINTMENTS (2)
There were no appointments.
PRESENTATIONS - MISS SAN BERNARDINO SCHOLARSHIP
PAGEANT - MARCH 24, 2001 (3)
Cathy Webber of the San Bernardino Area Chamber of Commerce indicated that this
year's contestants would be competing for the title of Miss San Bernardino at the California
Theater on March 24 at 7 p.m. Nine of the twelve candidates who were present at the
meeting introduced themselves and their sponsors.
ANNOUNCEMENTS - LARRY QUlEL
(4)
Larry Quiel, Vice President of Business Support for the San Bernardino Area
Chamber of Commerce, announced several upcoming events including a Chamber of
Commerce Business Support Division meeting on March 20 at 7:30 a.m. regarding
Worker's Compensation; the Miss San Bernardino Scholarship Pageant at the California
Theater on March 24 at 7 p.m.; the 85'h anniversary celebration of the American Red Cross
in Redlands on March 25 from 2 to 5 p.m.; the 40th Annual Headdress Ball on March 31; a
meeting of the new Real Estate Division of the Chamber of Commerce on April 6 at 8 a.m.;
a meeting of the Chamber's Economic Division on April 10 at 7:30 a.m.; and Shadowing
Day at local schools on April 18.
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3/19/2001
CITY CLERK CLARK RETURNED
At 9:52 a.m., City Clerk Clark returned to the Council meeting.
SERVICE PIN AWARDS
(3)
Teri Rubi, Executive Assistant to the Mayor. read the names of the following
individuals who were presented a service pin award in recognition of their many years of
dedicated service to the City:
Name
Betty Dean Anderson
David Eickhoff
Julito Sio
Paul Nistico
Richard Rodriguez
Norma Camarena
Richard Lewis
Brian Preciado
Celia Ramirez
Gordon Sinn
Andrew Brown
Peter Epperheimer
Barbara Fox
Patricia Kaplan
Lisa Patnode
Loretta Sherrill
Dennis Garrahan
Deoartment
Council
Development Services
Development Services
Facilities Management
Facilities Management
Fire
Fire
Fire
Fire
Fire
Parks & Recreation
Parks & Recreation
Police
Police
Police
Police
Public Services
Years of Service
5
15
15
10
20
5
20
20
10
30
35
15
15
10
10
5
20
CLOSED SESSION ANNOUNCEMENT (Discussed earlier and later
in the meeting - pages 1 & 23) (1 & SI)
City Clerk Clark announced that during closed session the Mayor and Common
Council and Community Development Commission approved the following motions relative
to Agenda Item No. SI as announced by City Attorney Penman.
City of San Bernardino. Redevelooment A.eencv of the City of San Bernardino.
Economic Develooment A.eencv v. Jaime Alvare:. Marisela Alvarez Labistida.
Eunice Alvarez. Elena Alvarez Labistida. Gina Alvarez Bosch. Adrienne Christine
Holes. Hector Labistida. Jason Omar Bosch. Does 1-50.
1. Council Member Anderson made a motion, seconded by Council Member McCammack,
and unanimously carried, that the filing of the aforementioned lawsuit by the City of San
Bernardino, Redevelopment Agency of the City of San Bernardino, Economic
Development Agency, be authorized.
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2. Council Member Suarez made a motion, seconded by Council Member Anderson, and
unanimously carried, that the hiring of Attorney Joseph Arias with the law firm of
Lewis, D' Amato, Brisbois and Bisgaard, in an amount not to exceed $50,000 for the
purpose of filing the aforementioned lawsuit, be authorized.
3. Council Member Anderson made a motion, seconded by Council Member McCammack,
and unanimously carried, that the directives given by Mayor Valles to personnel at the
Economic Development Agency to suspend all activities with Jaime Alvarez and
Associates and cooperate fully with the investigation, be ratified.
4. Council Member McCammack made a motion. seconded by Council Member
Anderson, and unanimously carried, that all expenses related to the lawsuit be paid out
of Economic Development Agency funds.
ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4)
Council Member McCammack stated that at the last Council meeting she announced
that the North End Neighborhood Association meeting was last Thursday, but noted that it
will be held this Thursday at the Mormon Church on Waterman Avenue at 7 p.m.
ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4)
Council Member Anderson announced that she was in need of an Animal Control
Commissioner to serve the Sixth Ward and urged interested persons to call her office as
soon as possible; reported that the second "Beautification Day" will take place across from
the old K-Mart at the bowling alley on March 31; stated that she was elated to receive her
5-year service pin and appreciated being a part of the City; and stated that she attended
"After the Bell Rang," a four-day conference in Los Angeles concerning after school
programs.
ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4)
Council Member Suarez announced that the next Cleanup Day in the Fifth Ward
would be held on March 24 at the Western Regional Little League complex; noted that
Little League Post 777 will have their opening ceremonies on March 24 at Blair Park at 9
a.m.; announced that the Verdemont Neighborhood Association will hold a town hall
meeting at Crestview Baptist Church on March 21 at 7:30 p.m., and the speaker will be
University of California San Bernardino's master gardener; and announced that the Soapbox
Rally will be held at the Western Regional Little League field on March 31 and April!.
ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4)
Council Member McGinnis offered his condolences to Council Member Estrada and
her family on the passing of her father, to the Williams family on the death of their son, and
to the family of the City police officer who was injured in a shooting; announced that Moss
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Motors Dodge was offering fleet prices on their vehicles; and that Santa Claus Inc. was
having a golf tournament on April 23.
ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4)
Council Member Lien stated that she failed to report at the last Council meeting that
the Second Ward had a successful "Beautification Day" the day before the LA Marathon,
and noted that the Second Ward still leads the City in the total number of tons collected;
announced that she was recently installed to the board of the St. Bernardine's Foundation;
thanked the ICUC for holding a community forum; announced that the San Bernardino
Running Club is continuing post-Marathon, and will be inviting employees and their
families to join them in fitness related activities such as the "Relay for Life" on the
weekend of May 5 and 6 from 9 a.m. Saturday morning to 9 a.m. Sunday morning, which
is being led by Doug Robertson of the Public Services Department and sponsored by the
American Cancer Society; and thanked the San Bernardino 2001 LA Marathon team for
presenting her with the "Fleet of Foot" award for taking first place on the City team.
ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4)
Council Member Estrada thanked everyone who made telephone calls, sent cards
and flowers and participated in the funeral services held last week for her father.
ANNOUNCEMENTS - MAYOR V ALLES
(4)
Mayor Valles announced that her reason for attending the Redlands Bicycle Classic
was because MAPEI, a manufacturing company based in Italy, sponsored the top bicycle
team in the world. Mayor Valles stated that a press conference was held to welcome
MAPEl to the City of San Bernardino because they will be building their manufacturing
plant here. MAPEl Corporation, an international company located in 24 countries, provides
the most advanced technology for tile and stone installation systems, floor covering
installation systems and concrete restoration systems.
Mayor Valles congratulated Heather McClusky on the production of "Legend of the
Arrowhead," depicting the story of San Bernardino. The Mayor noted that the production
held on March 16 drew a full house crowd, and stated that it is always very encouraging to
see maximum use of the City's performing arts center.
Mayor Valles commended and congratulated the following City employees who were
nominated for awards by the San Bernardino Confidential Management Employees
Association: Glenn Baude, Director of Code Compliance; Ruth Parish, Coordinator of
Information Services; Fire Chief Larry Pitzer, Millicent Price, Supervising Librarian at
Feldheym Library; Annie Ramos, Director of Parks, Recreation and Community Services;
and Valerie Ross, Principal Planner in the Development Services Department. She stated
that Ruth Parish was selected as the Employee of the Year in the Confidential Employee
Unit; and Annie Ramos was selected as the Manager of the Year.
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Mayor Valles stated that she attended the "Golden Apple Awards" on March 15
honoring 12 outstanding educators in the City and hosted by the Mayor's Education
Roundtable. The 12 honorees were: Chani Beeman, John Fleeman, Dr. Zahid Hasan and
Dr. Sanders A. McDougall from California State University, San Bernardino; Peggy
Corcovelos; Donna Hickish; Margaret Hill, and Rita Jaurigue from the San Bernardino City
Unified School District; and Dr. Susan M. Bangasser, Patsy Martinez, Associate Professor
Julie Tilton, and Patricia Washington from San Bernardino Valley College.
ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4)
City Attorney Pemnan announced that he and Mayor Valles have had several
meetings since the last Council meeting and stated that he felt the City's business would
benefit from the resultant positive atmosphere.
ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4)
City Administrator Wilson announced that a workshop with Southern California
Association of Govermnents (SCAG) would be held on March 27 regarding the
transportation impacts of 2001 to discuss several issues including housing, growth, and the
Alameda Corridor, as well as transportation and air quality issues, and he encouraged
Council to attend.
ANNOUNCEMENTS - CITY CLERK CLARK
(4)
City Clerk Clark announced that the Women of Achievement luncheon would take
place on Thursday, March 29,2001, at the Radisson Hotel at 11:30 a.m., and that Marilyn
Karnig was the keynote speaker. Ms. Clark stated that 22 City employees were nominated
for the awards and winners would be selected from each of the employee units. Ms. Clark
encouraged Council Members to make their reservation by Wednesday if they had not
already done so by calling Michelle Parra in the Finance Department at 384-5242. Ms.
Clark stated that members of the public were welcome to attend as well.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES
(5)
Council Member Suarez 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, be waived.
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COUNCIL MINUTES
(6)
Council Member Suarez made a motion, seconded by Council Member Anderson,
and unanimously carried, that the minutes of the following meetings of the Mayor and
Common Council/Community Development Commission of the City of San Bernardino, be
approved as submitted in typewritten form: January 22, 2001; and January 26, 2001.
CLAIMS AND PAYROLL
(7)
Council Member Suarez 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 March 14, 2001 from Barbara Pachon, Director of
Finance, be approved.
PERSONNEL ACTIONS
(8)
Council Member Suarez made a motion, seconded by Council Member Anderson,
and unanimously carried, that the personnel actions as submitted by the Chief Examiner
dated March 13, 2000, in accordance with Civil Service rules and Personnel policies
adopted by the Mayor and Common Council of the City of San Bernardino, be approved
and ratified.
ORD. MC-I094 - AN ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING SECTION 5.04.500 OF THE SAN
BERNARDINO MUNICIPAL CODE RELATING TO SWAP MEETS.
Final (9)
Council Member Suarez made a motion, seconded by Council Member Anderson,
that said ordinance be adopted.
Ordinance No. MC-1094 was adopted by the following vote:
Members Estrada, Lien, McGinnis, Suarez, Anderson, McCammack.
Absent: Council Member Schnetz.
Ayes:
Nays:
Council
None.
RES. 2001-49 - RESOLUTION OF THE CITY OF SAN
BERNARDINO PRELIMINARILY DETERMINING THAT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCATED IN THE WATERMAN AVENUE AND
WASHINGTON STREET AREA; DECLARING ITS INTENTION TO
PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE
KNOWN AS ASSESSMENT DISTRICT NO. L027, PRELIMINARILY
APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE
OF A PUBLIC MEETING AND PUBLIC HEARING. (10)
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3/19/2001
Council Member Suarez made a motion, seconded by Council Member Anderson,
that said resolution be adopted.
Resolution No. 2001-49 was adopted by the following vote:
Members Estrada, Lien, McGinnis, Suarez, Anderson, McCammack.
Absent: Council Member Schnetz.
Ayes:
Nays:
Council
None.
AUTHORIZATION TO PROCEED - SALE OF CITY PROPERTY -
NORTHWESTERLY CORNER OF THE 1-215 FRONTAGE ROAD &
LITTLE LEAGUE DRIVE (11)
Council Member Suarez made a motion, seconded by Council Member Anderson,
and unanimously carried, that the Director of Development Services be authorized to
proceed with the sale of City property located on the northwesterly corner of the 1-215
Frontage Road and Little League Drive (APN 0261-171-06); and authorize payment not to
exceed $1,000 to Len E. Lechter, General Appraiser, for the update of an appraisal dated
January 8, 1998.
AUTHORIZATION TO PROCEED - PROPOSED VACATION -
PORTION OF 3RD STREET - WEST OF KENDALL AVENUE, EAST
OF "K" STREET - APPROVE PLAN NO. 10212 (12)
Council Member Suarez 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 3'd Street, west of Kendall Avenue,
east of "K" Street, and that Plan No. 10212 showing the proposed vacation, be approved.
RES. 2001-50 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE ACCEPTANCE OF A SOFTWARE/TRAINING GRANT FROM
THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
AND THE ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE
(ESRI) IN THE AMOUNT OF $100,000. (14)
RES. 2001-51 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE ACCEPTANCE OF A GRANT FROM THE DEPARTMENT OF
JUSTICE DOMESTIC PREPAREDNESS EQUIPMENT GRANT
PROGRAM IN THE AMOUNT OF $39,358.93. (15)
RES. 2001-52 - 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
PERIOD JANUARY 1, 2001 THROUGH JUNE 30, 2002. (24)
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3/19/2001
Council Member Suarez made a motion, seconded by Council Member Anderson,
that said resolutions be adopted.
Resolution Nos. 2001-50, 2001-51 and 2001-52 were adopted by the following vote:
Ayes: Council Members Estrada, Lien, McGinnis, Suarez, Anderson, McCammack.
Nays: None. Absent: Council Member Schnetz.
PUBLIC HEARING - AUTHORIZE EXECUTION - SALES &
PURCHASE AGREEMENT & QUITCLAIM DEED - PORTION OF
CITY WATER DEPARTMENT PROPERTY - EAST OF STERLING
AVENUE, NORTH OF FOOTHILL DRIVE (27)
James Funk, Director of Development Services, submitted a staff report dated
February 26, 2001, regarding authorization of the execution of a Sales and Purchase
Agreement and a Quitclaim Deed for a portion of City Water Department property located
east of Sterling Avenue. north of Foothill Drive.
Mayor Valles opened the hearing.
No public comments were received.
RES. 2001-53 - RESOLUTION OF THE CITY OF SAN
BERNARDINO DIRECTING AND AUTHORIZING THE
EXECUTION OF A SALES AND PURCHASE AGREEMENT AND
THE EXECUTION OF A QUITCLAIM DEED FOR THE SALE OF
CITY PROPERTY GENERALLY LOCATED EAST OF STERLING
AVENUE, NORTH OF FOOTHILL DRIVE IN THE CITY OF SAN
BERNARDINO. (27)
Council Member Lien made a motion, seconded by Council Member McGinnis, that
the public hearing relative to the sale of a portion of City Water Department property,
located generally east of Sterling A venue and north of Foothill Drive in the City of San
Bernardino, be closed; and that said resolution be adopted.
The motion carried and Resolution No. 2001-53 was adopted by the following vote:
Ayes: Council Members Estrada, Lien, McGinnis. Suarez, Anderson, McCammack.
Nays: None. Absent: Council Member Schnetz.
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RES. 2001-62 RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING THE EXECUTION OF PURCHASE
ORDERS WITH BEST TEMPORARY SERVICES TO PROVIDE
CONTRACT LABOR SERVICES TO THE CITY OF SAN
BERNARDINO AND, WITH ECONOLITE CONTROL PRODUCTS
INC. FOR THE SUPPLY OF TRAFFIC SIGNAL MATERIALS TO
THE CITY OF SAN BERNARDINO. (Discussed later in the meeting-
page 22) (13)
Council Member McCammack questioned whether it would make more sense to hire
additional electricians to complete the work before the end of the 100 percent
reimbursement period.
Ray Casey, City Engineer, stated that they had discussions about hiring as many as
eight electricians, but noted that the deciding factor would be the delivery of the bulbs
which would occur sometime in April. Mr. Casey indicated that he would be requesting an
extension of time pursuant to the June I deadline.
Council Member McCammack suggested hiring extra personnel to expedite the
project in order to get full reimbursement pending delivery of the bulbs.
City Administrator Wilson stated that the number of electricians could be increased
from six to eight because the push was to install the bulbs as soon as possible. Mr. Wilson
stated that this action would approve the purchase order and that additional staff could be
hired within that purchase order amount to get the job done.
Council Member Anderson asked how other cities have handled this type of project.
Mr. Casey stated that they did check with other cities, but indicated that this was
the largest project of its kind in the Southern California Edison region, and put the City in
a unique situation of trying to accomplish it as quickly as possible. Mr. Casey stated that
they estimated it would take six electricians from 70 to 80 days, but hiring additional
electricians would accelerate that estimate. Mr. Casey noted that they also discussed
working at night, particularly at certain intersections, because of traffic control issues.
Council Member Anderson stated that it would behoove the City to mathematically
figure out how many bulbs could be installed in one day and how many electricians it
would take. Ms. Anderson asked if two additional electricians should be added now in
order to avoid time delays.
Council Member McCammack requested that staff recalculate how many
electricians they would need to get the job done within 60 days, because there were only 60
working days left to get the dollar-for-dollar reimbursement.
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3/19/2001
City Administrator Wilson stated that they could come back this afternoon with the
calculations.
It was the consensus of the Council to continue the matter to the afternoon.
RES. 2001-54 RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH ROBERT F. DRIVER COMPANY TO
PROVIDE PROPERTY INSURANCE BROKERAGE SERVICES FOR
A PERIOD OF THREE YEARS. (16)
City Clerk Clark administered the oath to Jean Macino that she would provide
truthful testimony.
Jean Macino, Managing Director of Marsh Risk & Insurance Services, stated that
they represent an extensive and impressive list of clients in the Inland Empire. She
indicated that she had some questions regarding the City's Request for Proposal process of
choosing an insurance broker, and that she had an extremely financially attractive proposal
to submit to the Council for review.
Steve Hobbs, also with Marsh Risk & Insurance Services, stated that they were
invited to participate in the City of San Bernardino's Request for Proposals for property
insurance brokerage services. Mr. Hobbs stated that they submitted their written response
and had a very positive meeting with the review committee during the oral interview portion
of the process. When they accessed the Council agenda via the Internet they saw that the
Robert F. Driver Company was being recommended for selection and that there would be
no cost to the City. Mr. Hobbs stated that during the review process, while they were
asked whether their method of compensation would be by fee or commission, no one ever
questioned what amount would be charged to the City for services.
Ms. Macino stated that they were extremely committed to the City of San
Bernardino and the surrounding areas and found it unusual that they would select a broker
without contemplating the cost of their services. She proposed that Marsh would serve the
City for six months free of charge after which time they would bill the City for half of the
broker fees and would do this because of their strong commitment to the community and
because they felt that within that time they could demonstrate their ability to serve the City's
needs.
Ed Raya, Director of Human Resources, explained the selection process and why the
Robert F. Driver Company was determined to be the best property insurance broker for the
City.
Council Member McGinnis inquired as to whether the City could reject the Robert
F. Driver Company if their costs were determined to be out of line.
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3/1912001
Mr. Raya stated that as a broker their commission would probably be the standard
15 percent. He noted that the City followed the standard process of selecting a broker based
on their qualifications, would deal with them in good faith, and would negotiate their
commission at that point in time, or the City could go through the selection process again.
Council Member McCammack stated that she did not think the Council had the
intention of rejecting what appeared to be a good offer, and felt it would be unfair to the
other two bidders to not ask them to make the same offer.
Council Member Estrada stated a similar situation occurred with the trash contract
and the City ended up getting a much better deal. She felt that the most important thing was
the best deal for the City, as long as it was legal.
City Attorney Penman stated that if Council wanted to consider the early amended
bid submitted by Marsh Risk & Insurance Services, he advised that they should reject all
bids and request new bids from the seven firms who responded to the City's Request for
Proposals.
Ms. Macino stated that she did not want the City to reject all bids; however, she
suggested that the City review its history with their current representative noting that it was
coincidental that he just left AON Risk Services, the City's incumbent broker, and was now
with Robert F. Driver.
Council Member Lien asked if the City had sufficient time to ask all seven of the
finalists to submit additional information.
Mr. Raya stated that the request would not be unreasonable if the agreements dealt
only with the compensation to the broker. Mr. Raya stated that Mr. Staley of Robert F.
Driver had already indicated he could match the offer presented by Marsh. Mr. Raya stated
that large companies like AON usually have less stability than companies like Driver.
City Clerk Clark administered the oath to Ken Staley that he would provide truthful
testimony.
Ken Staley, Robert F. Driver Company, stated that he was with AON for 9 years
and prior to that was with Marsh for 17 years, has been a resident of San Bernardino for
over 20 years, has been involved with the City program for the last 9-10 years, and is
currently involved with IVDA, SBETA, SANBAG, and the County of San Bernardino.
Mr. Staley stated that lack of time would be a problem in reopening the bids.
Council Member Estrada questioned whether Mr. Staley did in fact say that he was
willing to match the fee proposed by Marsh.
Mr. Staley stated that he didn't feel that was an accurate statement. He indicated
that the Driver Company has several programs unique to the public entity that are not
14
3/19/2001
available to Marsh and noted that the savings that would be realized by the City on the
premium side would be substantial. Mr. Staley stated that Marsh would not be able to
compete with Driver.
Council Member Anderson made a motion, seconded by Council Member Suarez,
that said resolution be adopted.
Resolution No. 2001-54 was adopted by the following vote:
Members Estrada, Lien, McGinnis, Suarez, Anderson, McCammack.
Absent: Council Member Schnetz.
Ayes:
Nays:
Council
None.
SET LUNCHEON WORKSHOP - APRIL 2. 2001 - 12 NOON -
FELDHEYM LIBRARY - MARY BELLE KELLOGG ROOMS -
COSAND COMPUTER LEARNING CENTER - TECHNOLOGY
IMPROVEMENTS AT THE LIBRARY (17)
Ophelia G. Roop, Director of the Feldheym Central Library, submitted a staff report
dated March 6. 2001, requesting that a luncheon workshop be scheduled on April 2, 2001,
at 12 p.m., to discuss free access to the Internet and other free computing services available
at the Library.
Ms. Roop provided an overview of the new technological services available at the
Feldheym Central Library and its three branch libraries.
Council Member Estrada made a motion, seconded by Council Member
McCammack, and unanimously carried, that the Mayor and Common Council set a
luncheon workshop for 12 noon, April 2, 2001, in the Mary Belle Kellogg Rooms and the
Cosand Computer Learning Center at the Feldheym Library to discuss free access to the
Internet and other free computing services available at the Library.
Agenda Item Nos. 18 through 23 were considered simultaneously since they address
the same issue.
RES. 2001-55 RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AN INCREASE TO THE ANNUAL
PURCHASE ORDER TO AMREP, INC., FOR REFUSE TRUCK
PARTS AND MATERIALS. (18)
RES. 2001-56 RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AN INCREASE TO THE ANNUAL
PURCHASE ORDER TO FAIRVIEW FORD FOR MATERIALS AND
SUPPLIES TO SUPPORT THE CITY'S LIGHT VEHICLE FLEET.
(19)
15
3/1912001
RES. 2001-57 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AN INCREASE TO THE ANNUAL
PURCHASE ORDER TO HYDRA FORCE, INC. FOR HYDRAULIC
CYLINDER MANUFACTURING, REPAIR, AND SERVICE. (20)
RES. 2001-58 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AN INCREASE TO THE ANNUAL
PURCHASE ORDER TO METRO, DBA STAR AUTO PARTS, FOR
THE PURCHASE OF AUTOMOTIVE PARTS AND SUPPLIES
UTILIZED BY THE PUBLIC SERVICES DEPARTMENT FLEET
DIVISION. (21)
RES. 2001-59 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AN INCREASE TO THE ANNUAL
PURCHASE ORDER TO RUSH TRUCK CENTER FOR MATERIALS
AND SUPPLIES TO SUPPORT THE CITY'S HEAVY TRUCK
FLEET. (22)
RES. 2001-60 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AN INCREASE TO THE ANNUAL
PURCHASE ORDER WITH TOTER, INCORPORATED FOR
PURCHASE OF ADDITIONAL AUTOMATED CARTS FOR
RESIDENTIAL REFUSE SERVICES. (23)
Council Member Estrada asked why Agenda Item Nos. 18 through 22 proposed an
additional $100,000 in costs to the City.
Lynn Merrill, Director of Public Services, stated that at the beginning of the budget
year they estimated what their costs were going to be to maintain and repair all their
equipment. With the purchase of the 14 new automated trucks that Council approved last
September, they estimated their costs would be lower because they would be able to take
some of the equipment out of service, but that was not the case. Mr. Merrill stated that
they now have a better idea of the delivery dates of the new trucks and have better estimates
of how much work will actually have to be done to n:pair and/or maintain the remaining
equipment.
Council Member Estrada asked for an explanation of what happened regarding the
estimates.
Mr. Merrill stated that he made his best estimate at the beginning of the fiscal year,
but when dealing with over 700 pieces of equipment. it was very hard to predict all the
things that could go wrong.
Council Member McCammack stated that at the Ways and Means Committee they
discussed using the lease payments that would not have to be made this fiscal year to buffer
16
3/19/2001
the cost of maintammg the eXlstmg equipment until the new trucks arrived. Ms.
McCammack stated that her concern was that the buffer of the money showed up in Agenda
Item No. 23.
Mr. Merrill stated that these items were taken into consideration during the mid-year
budget and he explained that at this point they were merely requesting increases to the
individual purchase orders.
Council Member McCammack stated that the Council did revise the mid-year budget
to the tune of $111 ,000 and that this request was $100,000 of that amount.
City Administrator Wilson stated that the costs were higher than the initial purchase
order amounts. He indicated that staff made their best estimate as to how much they
anticipated they would have to spend on maintenance and repair of the City's old fleet, but
due to unforeseen circumstances that occurred during the year, they had to request an
increase to the purchase orders. Mr. Wilson stated that the numbers appeared to be large,
but reminded the Council that the overall fleet budget was somewhere in the range of four
million dollars.
Council Member Estrada questioned whether the City would be ahead $100,000 had
the new trucks already been delivered.
Mr. Wilson stated that the City was incurring additional costs because of the delays.
Council Member Estrada stated that the City should know whose fault it was and
should avoid doing business with them in the future.
Mr. Wilson stated that they recommended a manufacturer from Canada, but because
they had to rebid the entire process, they were set back approximately two months.
Council Member Anderson stated that she had heard stories of trash trucks being
abused by some refuse drivers.
Mr. Merrill stated that they kept maintenance records on all City vehicles and
anyone found abusing equipment would receive the appropriate disciplinary action up to and
including termination, if necessary.
Barbara Pachon, Director of Finance, summarized the turn of events and noted that
this action would authorize changes to the purchase orders.
Council Member McCammack stated that she was confused as to where the money
would be transferred from and how the City was going to pay for it.
Ms. Pachon stated that monies were transferred from different departments into the
fleet fund and were outlined in the mid-year budget report.
17
3/19/2001
Ms. McCammack stated that she felt they needed to have a clearer understanding of
what other expenditures would be coming up and whether they were included in the mid-
year budget review.
Council Member Estrada made a motion, seconded by Council Member Anderson,
that Agenda Item Nos. 18 through 22 be approved and requested that the Ways and Means
Committee review the issue at their next meeting and bring back a report to the Council in
order to clarify the concerns that were raised.
Council Member McCammack suggested that Agenda Item No. 23 be included in
the discussion by the Ways and Means Committee.
City Clerk Clark stated that she requested Item No. 23 be pulled from the Consent
Agenda because a portion of the motion had been inadvertently omitted. Ms. Clark read the
recommended motion into the record in its entirety.
Council Member Estrada amended her motion, seconded by Council Member
Anderson, that the Director of Finance be authorized to amend the FY 2000/2001 Refuse
Budget and transfer $86,000 from Account No. 527-413-5803, Lease Payments, Account
No. 527-412-5112, Small Tools and Equipment; that Agenda Item Nos. 18 through 23 be
reviewed by the Ways and Means Committee at their next meeting and that a report be
made to the Council at their meeting of April 16, 2001; and that said resolutions be
adopted.
The motion carried and Resolution Nos. 2001-55, 2001-56, 2001-57, 2001-58,
2001-59 and 2001-60 were adopted by the following vote: Ayes: Council Members
Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent:
Council Member Schnetz.
APPROVE - SALARY INCREASES - PART-TIME
PARKS, RECREATION & COMMUNITY
DEPARTMENT
POSITIONS -
SERVICES
(25)
Ed Raya, Director of Human Resources, submitted a staff report dated March 13,
2001, regarding salary increases for part-time posit ions in the Parks, Recreation and
Community Services Department.
Council Member Anderson made a motion, seconded by Council Member Lien, and
unanimously carried, that the Mayor and Common Council approve salary increases for the
following part-time/temporary positions, based on the results of the salary survey, effective
June 1. 2001: Recreation Aide from $6.25-$6.49/hour to $6.75-$7.25/hour; Recreation
Leader from $6.50-$6.75 to $7.45-$7.85/hour; Senior Recreation Leader from $6.67-
$6.93/hour to $8.00-$8.80/hour; Recreation Specialist from $6.87-$7.15/hour to $9.00-
$1O.50/hour; Lifeguard from $6.75-$7.02/hour to S7.50-$8.30/hour; Senior Lifeguard
from $7.l6-$7.45/hour to $8.50-$9.30/hour; reclassify the position of Pool Manager to
18
3/19/2001
Pool Manager I from $7.75-$8.07/hour to $9.50-$1O.30/hour; establish the position of
Pool Manager II at $1O.50-$11.50/hour; and that Human Resources be directed to amend
Resolution No. 6413, Section Thirteen, to reflect this particular action.
APPROVE - SALARY INCREASES - PARKS, RECREATION &
COMMUNITY SERVICES - GRANT FUNDED POSITIONS (26)
Ed Raya, Director of Human Resources, submitted a staff report dated March 13,
2001, regarding salary increases for Parks, Recreation and Community Services grant
funded positions.
Council Member Anderson made a motion, seconded by Council Member Estrada,
and unanimously carried, that the Mayor and Common Council approve the salary increases
for the following Headstart/Preschool positions, retroactive to September I, 2000:
Teacher/Director from $14.03/hour to $14.73/hour; Teacher from $12.20/hour to
$12.81/hour; Typist Clerk and Teacher Aide from $8.05/hour to $8.37/hour; approve
salary increase for the position of Mentor Coordinator from $17.48/hour to $18.56/hour;
and that Human Resources be directed to amend Resolution No. 6413, Section Thirteen, to
reflect this particular action.
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
VARSITY AVENUE AND DECLARING VARSITY AVENUE A
THROUGH HIGHWAY FROM COLLEGE AVENUE TO
UNIVERSAL A VENUE. (Continued from February 20, 2001)(28)
Submitted into the record was an interoffice memorandum from Anwar Wagdy,
Traffic Engineer, dated March 14, 2000, addressed to the Traffic Safety Committee,
requesting that they evaluate speeding and cut-through traffic and requests for 3-way stops
at Varsity Avenue's intersections with Grand Avenue and Shorter Street.
City Administrator Wilson stated that it was being recommended that the matter be
continued for 30 days because staff was drafting a new policy regarding issues considered
when stop signs are requested by the public.
Council Member Suarez made a motion, seconded by Council Member Anderson,
and unanimously carried, that the matter be continued to the Mayor and Council meeting of
April 16, 2001.
ADOPT - PRIORITY GOALS & ACTION PLANS
(29)
19
3/19/2001
Fred Wilson, City Administrator, submitted a staff report dated March 8, 2001,
regarding adoption of the priority goals and action plans for the City.
City Attorney Penman stated that the document as presented contained several legal
issues and asked if it was just a "feel good document. "
Mayor Valles clarified that it was a planning document and a guide and was based
on a great deal of input. She recognized that there were some legal implications in certain
areas, just as there are in any strategic planning document, and asked the City Attorney to
review the document and identify all the implications before it is implemented. Mayor
Valles stated that beyond being just a "feel good document," it is a document that identifies
the priorities and the focus of the entire City.
City Attorney Penman stated that this was not a challenge but merely a concern, and
suggested Council adopt in principle.
Council Member Lien agreed with Mr. Penman stating that she was uncomfortable
adopting the action plans.
Council Member Lien made a motion that the 2001 Priority Goals be adopted and
that the words "and Action Plans" be stricken from the proposed motion.
Council Member Estrada stated that she agreed with the City Attorney and suggested
that the priority goals be approved, in principle.
Mr. Wilson stated that this process by its very nature is simply a visioning process-
It IS setting goals and is an attempt by staff to put some meat behind the goals. He
questioned whether he was hearing that Council wanted to have a larger role in the process.
Council Member Estrada stated that she understood that Council could not adopt it
until the legal questions were addressed, after which time the matter would be brought back
to Council.
Mayor Valles stated that the legal implications would be addressed and adopting in
principle would not negate staff's creativity and hard work.
Mr. Penman requested that Mr. Sabo, legal counsel for the Joint Powers Authority,
be authorized to meet with them in order to address the concerns.
Council Member Lien amended her motion, seconded by Council Member
McGinnis, and unanimously carried, that the 2001 Priority Goals be approved, in principle.
20
3/19/2001
ORD. MC-I095 - AN ORDINANCE OF THE, CITY OF SAN
BERNARDINO REPEALING ORDINANCE NO. MC-1091 WHICH
ATTEMPTED TO PREVENT THE NEED TO OBTAIN CITY
ATTORNEY APPROVAL PRIOR TO THE RETENTION OF
OUTSIDE SPECIAL COUNSEL SERVICES. Final (30)
Council Member Lien challenged the Council to follow the example set by the
Mayor and City Attorney and cease the animosity.
Council Member Estrada reminded the Council that there were many issues that
were part of Measure M that still needed to be dealt with and resolved, and stated that she
would continue to raise those issues.
Council Member Anderson made a motion, seconded by Council Member
McCammack, that said ordinance be adopted.
Ordinance No. MC-1095 was adopted by the following vote: Ayes:
Members Lien, Suarez, Anderson, McCammack. Nays: Council Members
McGinnis. Absent: Council Member Schnetz.
Council
Estrada,
RES. 2001-61 - RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING A SIDE LETTER TO RESOLUTION
NO. 2000-13, RESOLUTION ESTABLISHING MANAGEMENT AND
CONFIDENTIAL COMPENSATION AND BENEFITS PLAN,
AMENDING SECTION 1, PERS, FOR FIRE AND POLICE SAFETY
MANAGEMENT EMPLOYEES. (32)
Council Member Anderson made a motion, seconded by Council Member
McCammack, that said resolution be adopted.
Resolution No. 2001-61 was adopted by the following vote:
Members Estrada, Lien, McGinnis, Suarez, Anderson, McCammack.
Absent: Council Member Schnetz.
Ayes:
Nays:
Council
None.
RECESS MEETING
At 11:51 a.m.. Mayor Valles recessed the meeting to 2 p.m. in the Council
Chambers of City Hall.
RECONVENE MEETING
At 2:07 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, McGinnis, Suarez, Anderson, McCammack; City
21
3/19/2001
Attorney Penman. City Clerk Clark, City Administrator Wilson. Absent: Council
Members Lien, Schnetz.
RES. 2001-62 RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING THE EXECUTION OF PURCHASE
ORDERS WITH BEST TEMPORARY SERVICES TO PROVIDE
CONTRACT LABOR SERVICES TO THE CITY OF SAN
BERNARDINO AND, WITH ECONOLITE CONTROL PRODUCTS
INC. FOR THE SUPPLY OF TRAFFIC SIGNAL MATERIALS TO
THE CITY OF SAN BERNARDINO. (Discussed earlier in the
meeting - page 12) (13)
Ray Casey, City Engineer, stated that a memo was distributed to the Council
regarding the questions asked earlier in the meeting re lative to contract staffing, and noted
that the budget amount was increased by $15,000 to accommodate the accelerated project
schedule.
Council Member McCammack made a motion, seconded by Council Member
Anderson, that said resolution be adopted with the following amendment: that the monetary
amount shown in the last paragraph of the resolution be amended from $95,000.00 to
$110,000.00.
Ayes:
None.
The motion carried and Resolution No. 2001-62 was adopted by the following vote:
Council Members Estrada, McGinnis, Suarez, Anderson, McCarnmack. Nays:
Absent: Council Members Lien, Schnetz.
AUTHORIZE CITY ATTORNEY TO NEGOTIATE FOR SERVICES-
HARVEY M. ROSE ACCOUNTANCY CORPORATION
CONDUCT AUDIT OF ECONOMIC DEVELOPMENT AGENCY'S
PROGRAMS INVOLVING JAIME ALVAREZ, MARISELA
ALVAREZ LABISTIDA, EUNICE ALVAREZ, ELENA ALVAREZ
LABISTIDA, GINA ALVAREZ BOSCH, ADRIENNE CHRISTINE
HOLES, HECTOR LABISTIDA AND/OR JASON OMAR BOSCH
(S2)
Council Member Estrada made a motion, seconded by Council Member Anderson,
and unanimously carried, that the City Attorney is authorized to negotiate for the services of
the Harvey M. Rose Accountancy Corporation for the purpose of conducting an audit of the
Economic Development Agency's programs involving Jaime Alvarez, Marisela Alvarez
Labistida, Eunice Alvarez, Elena Alvarez Labistida, Gina Alvarez Bosch, Adrienne
Christine Holes, Hector Labistida and/or Jason Omar Bosch and that upon completion of
such negotiations, this item shall be brought back to the Mayor and Common
Council/Community Development Commission for approval of the cost of such services,
execution of agreement and for payment of such services from the budget of the Economic
Development Agency.
22
3/19/2001
AMENDMENTS TO STATE OFFICE BUILDING AGREEMENTS
PHASE II (Continued from March 5, 2001) (R34)
Council Member McCammack made a motion, seconded by Council Member
Anderson. and unanimously carried, that the matter be continued to the Mayor and Council
meeting of April 2, 2001.
RECESS MEETING - CLOSED SESSION
meeting - pages 1 & 5)
At 2:15 p.m., the Mayor and Common Council
Commission recessed to closed session for the following:
(Discussed earlier' in the
(1 & SI)
and Community Development
Pursuant to Government Code Sections and for consideration of cases listed under
Agenda Item No. 1A through IG and Agenda Item No. Sl on pages 1 and 2 of these
minutes.
City Attorney Penman announced that the following additional case would be
discussed in closed session:
Cumming. et al. v. Citv of San Bernardino. el al. - San Bernardino Superior
Court Case No. SCVSS 66744.
CLOSED SESSION
At 2: 15 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, McGinnis, Suarez, Anderson, McCammack; City
Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council
Members Lien, Schnetz.
Also present: Senior Assistant City Attorney Carlyle, Deputy City Attorney
Empefio, Administrative Operations Supervisor Anderson, City Attorney's Office; Special
Counsel Sabo, Economic Development Agency; Principal Planner Ross and City Engineer
Casey, Development Services.
CITY ATTORNEY PENMAN EXCUSED
At 2:20 p.m., City Attorney Penman left the closed session.
COUNCIL MEMBER SUAREZ EXCUSED
At 3:10 p.m., Council Member Suarez left the closed session/Council meeting.
23
3/19/2001
SENIOR ASSISTANT CITY ATTORNEY CARLYLE, CITY
ENGINEER CASEY & PRINCIPAL PLANNER ROSS EXCUSED
At 3:36 p.m.. Senior Assistant City Attorney Carlyle, City Engineer Casey and
Principal Planner Ross left the closed session.
CITY ATTORNEY PENMAN & SENIOR ASSISTANT CITY
ATTORNEY CARLYLE RETURNED
At 3:37 p.m., City Attorney Penman and Senior Assistant City Attorney Carlyle
returned to the closed session.
ADJOURN CLOSED SESSION
At 4: 11 p.m., the closed session adjourned to the Council Chambers of City Hall.
RECONVENE MEETING
At 4: 11 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, McGinnis, Anderson, McCammack; City Attorney
Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Lien,
Schnetz, Suarez.
PUBLIC COMMENTS
(33)
Jan Misquez, 659 N. Hancock Street, San Bernardino, CA 92410, Vice-Chair of
Westside Residents for Cleaner Air Now, requested that the Omnitrans matter be placed on
the next Council meeting agenda and asked if the City could look into filing a lawsuit
against Omnitrans on their behalf.
Mayor Valles stated that she would contact Mr. Durand Rail and request that he be
present at the next Council meeting and directed the City Attorney to follow up with
Omnitrans' legal counsel to see what could be done.
Jaime Alvarez, 201 N. "E" Street, San Bernardino, CA, stated that he was pleased
to hear that Mr. Penman called for an audit of EDA transactions that involved the ARR
Program and felt that it would clear things up, but was sad to hear the City wanted to sue
his family. He was also sad to hear that he could no longer do business with EDA and was
concerned about the homeowners who are in the process of buying homes. Mr. Alvarez
stated that he believed the audit should have been done quickly in order to prove that the
mistakes he made were honest mistakes and that an injustice had been done.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding water
contamination of the Norton Plume.
24
3/19/2001
ADJOURNMENT
(35)
At 4:33 p.m., the meeting adjourned to 8:30 a.m., Monday, March 26,2001, in the
Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The
next joint regular meeting is scheduled for 8:00 a.m., Monday, April 2, 2001, in the
Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
By ,c::~, ~ Jd:Lv,j tiAUI )
Linda Sutherland
Deputy City Clerk
No. of Items: 37
No. of Hours: 6
25
3/19/2001