HomeMy WebLinkAbout01-10-2000 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JANUARY 10, 2000
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 8:07 a.m., Monday, January 10, 2000,
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, Schnetz,
Anderson, Miller; City Attorney Penman, City Administrator Wilson, City
Clerk Clark. Absent: Council Members Lien, Suarez.
City Attorney Penman announced that the following cases would
be discussed under 1. A., as follows:
City of San Bernardino vs. James Bice, et aI., San Bernardino
Superior Court Case No. SCV SS59602
Ruthee Goldkorn vs. City of San Bernardino, et aI., U.S. District
Court Case No. ED CV 98-42 RT (VAPx)
CLOSED SESSION
At 8:07 a.m., Mayor Valles called the closed session to order in the
conference room of the Council Chambers of City Hall.
RECESS MEETING - CLOSED SESSION (Discussed later in
the meeting, pages 19-20) (1)
At 8:07 a.m., the Mayor and Common Council and Community
Development Commission recessed to closed session for the following:
1. Pursuant to Government Code Sections:
A. Conference with legal counsel - existing litigation - pursuant
to Government Code Section 54956.9(a):
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Anthonv Banks vs. City of San Bernardino, et al. - United
States Court of Appeals - Ninth Circuit Case No. 97-56630
[CV-95-333656 R (RMq].
B. Conference with legal counsel - anticipated litigation -
significant exposure to litigation - pursuant to subdivision
(b) (1), (2), (3) (A-F) of Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation -
initiation of litigation - pursuant to subdivision (c) of
Government Code Section 54956.9.
D. Conference with legal counsel - personnel - pursuant to
Government Code Section 54957.
E. 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.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being
present: Mayor Valles; Council Members McGinnis, Schnetz, Anderson,
Miller; City Attorney Penman, City Clerk Clark, City Administrator
Wilson. Absent: Council Members Estrada, Lien, Suarez.
Also present: Senior Assistant City Attorney Carlyle and Simmons.
COUNCIL MEMBER SUAREZ ARRIVED
At 8: 10 a.m., Council Member Suarez arrived at the closed session.
COUNCIL MEMBER LIEN ARRIVED
At 8: 14 a.m., Council Member Lien arrived at the closed session.
DEPUTY CITY ATTORNEY EASLAND ARRIVED
At 8: 15 a.m., Deputy City Attorney Easland arrived at the closed
sessIOn.
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SENIOR ASSISTANT CITY ATTORNEY SIMMONS EXCUSED
At 8:30 a.m., Senior Assistant City Attorney Simmons left the
closed session.
COUNCIL MEMBER MILLER EXCUSED
At 8:42 a.m., Council Member Miller left the closed session.
DEPUTY CITY ATTORNEY BANAC ARRIVED
At 8:42 a.m., Deputy City Attorney Banac arrived at the closed
seSSIOn.
COUNCIL MEMBER MILLER RETURNED
At 8:56 a.m., Council Member Miller returned to the closed
seSSIOn.
ADJOURN CLOSED SESSION
At 9:02 a.m., the closed session adjourned to the Council
Chambers of City Hall.
RECONVENE MEETING
At 9:08 a.m., Mayor Valles reconvened the joint regular meeting of
the Mayor and Common Council and Community Development
Commission of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Clark, with the following being
present: Mayor Valles; Council Members Lien, McGinnis, Suarez,
Anderson, Miller; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Council Members Estrada, Schnetz.
INVOCATION
The invocation was given by Father Patricio Guillen of Libreria del
Pueblo.
COUNCIL MEMBERS ESTRADA & SCHNETZ ARRIVED
At 9: 12 a.m., Council Members Estrada and Schnetz arrived at the
Council meeting and took their places at the Council table.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Amanda Patterson, a student at
Bradley Elementary School.
PROCLAMATION INGRID GONZALES
REGISTRATION WEEK
VOTER
(3)
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Mayor Valles presented a Proclamation to Ingrid Gonzales,
proclaiming the week of February 7, 2000, Voter Registration Week in the
City of San Bernardino.
ANNOUNCEMENT - LARRY QUIEL (4)
Larry Quiel, President-elect, San Bernardino Area Chamber of
Commerce, reminded everyone that the Census Office opened on Friday,
January 7, 2000. The San Bernardino Area Chamber of Commerce will
have its installation dinner on Thursday, January 27, 2000, at the San
Bernardino International Airport. On February 8, the Chamber will be
sponsoring a seminar with Dave Batson, Purchasing Manager for the
City of San Bernardino, on the submittal of bids. On February 29, the
Chamber will present the State of the City address at the San Bernardino
Hilton.
ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4)
Council Member Estrada stated that a stakeholders meeting will be
held with the consultants for the Santa Fe Depot rehabilitation project on
January 14, at 10:00 a.m., at City Hall. A second meeting is scheduled
for January 26, at 2:00 p.m., in City Hall, for the presentation of final
plans.
ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4)
Council Member Lien discussed the cleanup held last Saturday in
the Second Ward. On January 22, her ward will have its first
neighborhood cleanup. Council Member Lien was selected by the Water
Education Foundation to participate in the Water Leaders 2000 Class.
ANNOUNCEMENTS - COUNCIL MEMBER MCGINNIS (4)
Council Member McGinnis announced that EBO - Everything But
Ordinary, is a new men's clothing manufacturing group that has opened
up in the Third Ward. J.C. Penney will carry their line.
ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4)
On January 11, at 6:30 p.m., the 40th Street Project Area will have
its first meeting at 3701 North Sierra Way. The newly elected committee
members will be sworn in by the City Clerk.
ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ
(4)
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Council Member Suarez stated his ward will be holding a Soap Box
Derby Rally March 4 & 5, at the Western Regional Little League
Headquarters.
ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4)
Council Member Anderson wished everyone a Happy New Year.
She announced the grand opening of Al Cabal's Muffler Shop, located at
Baseline and Mt. Vernon. Jose Lopez and Manuel Hernandez are the
owners. Council Member Anderson reminded everyone of Martin Luther
King, Jr.'s birthday, which will be celebrated on January 17, 2000.
ANNOUNCEMENTS - MAYOR VALLES
Mayor Valles encouraged everyone to register to vote. Registration
ends February 7,2000.
Mayor Valles welcomed everyone to the first Council meeting of the
Year 2000. She thanked everyone who helped mitigate any potential Y2K
problems.
She also thanked everyone who attended the New Year's Eve Party
at the Radisson. The event was sponsored by the San Bernardino
Symphony and over 325 partygoers attended the Ball. It was a great
success.
On January 15, 2000, the City will be celebrating the birthday of
Dr. Martin Luther King, Jr. with an event entitled Taking the Dream Into
The Millennium, which will take place at the Ecclesia Christian
Fellowship Church from 7:00 p.m. to 10:00 p.m.
The Mayor indicated that the San Bernardino County Department
of Public Health has an immunization program offering low cost, walk-in
immunization clinics throughout the county. The fee is $8.00 per visit,
per child, but no child will be turned away.
The Mayor stated that the Miss San Bernardino Pageant will take
place March 11, at the California Theater, at 7:00 p.m. For ticket and
advertising information, call the Chamber at (909) 885-7515.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES
(5)
Council Member Anderson made a motion, seconded by Council
Member Estrada, and unanimously carried, that full reading of the
resolutions and ordinances on the regular and supplemental agendas of
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the Mayor and Common Council/Community Development Commission
be waived.
CLAIMS AND PAYROLL
(6)
Council Member Anderson made a motion, seconded by Council
Member Estrada, and unanimously carried, that the claims and payroll
and the authorization to issue warrants as listed on the memorandum
dated November 30, 1999, from Barbara Pachon, Director of Finance, be
approved.
PERSONNEL ACTIONS
(7)
Council Member Anderson made a motion, seconded by Council
Member Estrada, and unanimously carried, that the personnel actions as
submitted by the Chief Examiner dated January 5, 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-I064 - AN ORDINANCE OF THE CITY OF SAN
BERNARDINO ADDING SECTION 10.16.240 RELATING TO
PARKING VEHICLES ON UNPAVED PARCELS OF REAL
PROPERTY. (8)
Council Member Anderson made a motion, seconded by Council
Member Estrada, that said ordinance be adopted.
Ordinance No. MC-I064 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
Miller. Nays: None. Absent: None.
EXECUTE CONTRACT CHANGE ORDER NO. ONE -
CALIFORNIA COMMERCIAL POOLS - RENOVATION NUNEZ
POOL - 1717 WEST FIFTH STREET - PLAN NO. 9943 (9)
Council Member Anderson made a motion, seconded by Council
Member Estrada, and unanimously carried, that Contract Change Order
No. One to the contract with California Commercial Pools be approved for
various changes described in the staff report for a total Change Order
amount of $18,598, increasing the contract total from $442,000.00 to
$460,598.00.
VACATION PORTION OF EAST/WEST ALLEY
RESOLUTION DETERMINING FAIR MARKET VALUE - SET
PUBLIC HEARING - PROPOSED SALE OF PROPERTY -
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EAST OF "F" STREET, BETWEEN 5TH AND 6TH STREETS
(10)
RES. 2000-1 - RESOLUTION OF THE CITY OF SAN
BERNARDINO DECLARING ITS INTENTION TO ORDER THE
VACATION OF A PORTION OF THAT CERTAIN EAST/WEST
ALLEY LOCATED EAST OF "F" STREET, BETWEEN 5TH
AND 6TH STREETS AND RESERVING PUBLIC UTILITY
EASEMENTS. (lOA)
RES. 2000-2 - RESOLUTION OF THE CITY OF SAN
BERNARDINO ESTABLISHING AND SETTING THE FAIR
MARKET VALUE AND SALES PRICE OF $1,500.00 AND
DECLARING THE INTENTION OF THE CITY TO SELL A
PORTION OF CITY PROPERTY LOCATED ON THE EAST
SIDE OF "F" STREET, BETWEEN 5TH AND 6TH STREETS IN
THE CITY OF SAN BERNARDINO, TO THE ROMAN
CATHOLIC BISHOP OF SAN BERNARDINO AND SETTING A
PUBLIC HEARING TO CONSIDER SAID SALE. (lOB)
Council Member Anderson made a motion, seconded by Council
Member Estrada, and unanimously carried, that said resolutions be
adopted.
Resolutions Nos. 2000-1 and 2000-2 were adopted by the following
vote, Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez,
Anderson, Miller. Nays: None. Absent: None.
RES. 2000-3 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 6429,
ENTITLED IN PART "A RESOLUTION...ESTABLISHING A
BASIC COMPENSATION PLAN FOR OFFICERS AND/OR
EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS OF
THE CITY OF SAN BERNARDINO). (11)
Council Member Anderson made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution No. 2000-3 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
Miller. Nays: None. Absent: None.
RESURFACING PROJECT - NORTON GALAXY/GYM TENNIS
COURT COMPLEX - INCREASE PARK CONSTRUCTION
BUDGET - $30,000 (12)
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Annie F. Ramos, Director of Parks, Recreation and Community
Services, submitted a staff report dated December 27,1999, wherein she
requests Council to authorize the transfer of $30,000 from the
undesignated Park Construction Fund balance to the Galaxy/Norton
Gym Resurface/Renovate Tennis Courts Account for a total project
amount of $50,000, so that the additional resurfacing work may be
accomplished.
Council Member Anderson made a motion, seconded by Council
Member Estrada, and unanimously carried, that the Mayor and Common
Council authorize the Director of Finance to amend and increase the
1999-2000 Park Construction budget by $30,000 in Account No. 243-
363-5504-7179 to fund the resurfacing of the North Galaxy/Gym Tennis
Courts. Funds for this budget amendment will come from the Park
Construction undesignated fund balance.
REPORT TRANSFER OF FUNDS
MODIFICATION OF EXISTING TRAFFIC
INTERSECTION CALIFORNIA STREET &
STREET
DESIGN &
SIGNAL
BASE LINE
(13)
This item was approved by the Ways & Means Committee at their
meeting of December 22, 1999.
Council Member Anderson submitted a staff report dated
December 22, 1999, wherein she requests that a report regarding the
transfer of funds for the design and modification of an existing traffic
signal at the intersection of California and Base Line Streets be received
and filed, and that staff be directed to develop a Memorandum of
Understanding among Fourth Street Rock, the San Bernardino City
Unified School District, and the City of San Bernardino, for the design
and construction of Phase I of State Street.
Council Member Miller made a motion, seconded by Council
Member McGinnis, and unanimously carried, that the report regarding
transfer of funds for the design and modification of existing traffic signal
at the intersection of California Street and Base Line Street be received
and filed; and that the City Attorney be directed to develop a
Memorandum of Understanding between Fourth Street Rock, the San
Bernardino City Unified School District, and the City of San Bernardino
for the design and construction of Phase I of State Street.
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SECTION 3.44.131 TO THE SAN BERNARDINO MUNICIPAL
CODE AND ESTABLISHING A UTILITY USER'S TAX REBATE
PROGRAM. (First) (15)
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City Administrator Wilson indicated that this is the second in a set
of business recruitment incentives that was considered by the Legislative
Review Committee and sent to the full Council for approval. The first
incentive was the Development Fee Impact Reduction Program. Mr.
Wilson indicated that if a new business creates between 5 and 49 new
jobs, paying $25,000 or more per year, the program pays half.
Council Member Lien made a motion, seconded by Council
Member McGinnis, and unanimously carried, that said ordinance be laid
over for final adoption.
ADDITIONAL FUNDING CONVENTlON & VISITORS
BUREAU - TO SUPPORT SAN BERNARDINO AREA YOUTH
SPORTS ALLIANCE. (16)
City Administrator Wilson submitted a staff report dated December
27, 1999, wherein he requested additional funding for the Convention
and Visitors Bureau in the amount of $83,700.
June Durr, Director of Marketing/Public Affairs, spoke about City
image potential and requested that Council fund the program for one
year.
Steve Henthorn, Executive Director of the Convention and Visitors
Bureau, indicated that the primary goal is to attract visitors to the City of
San Bernardino. He indicated that they have identified youth sports as
the City of San Bernardino's niche.
Council Member Suarez indicated that he is on the Board of the
Convention and Visitors Bureau and would abstain from voting.
COUNCIL MEMBER SUAREZ EXCUSED
At 9:54 a.m., Council Member Suarez left the Council meeting.
Council Member Anderson made a motion, seconded by Council
Member Miller, that the Mayor and Common Council approve the
additional funding for the Convention and Visitors Bureau in the amount
of $83,700 for FY 1999-2000; and that the Director of Finance be
authorized to amend the FY 1999-2000 budget and appropriate $83,700
from the General Fund's unreserved/undesignated fund balance to 001-
092-5505 (Non-Departmental Professional/Contractual).
The motion carried by the following vote: Ayes: Council Members
Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None.
Abstain: Council Member Suarez. Absent: None.
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AUTHORIZE CITY ATTORNEY TO JOIN AMICUS BRIEF IN
THE CASE OF ALEJO V. CITY OF ALHAMBRA (171
City Attorney Penman submitted a report dated January 5, 2000,
wherein he requests authorization to send a letter to the California
Supreme Court in support of the City of Alhambra's Petition for Review of
Alejo v. City of Alhambra and join in the amicus brief in support of the
City of Alhambra.
Council Member Miller made a motion, seconded by Council
Member Anderson, and unanimously carried, that the City of San
Bernardino send a letter to the California Supreme Court supporting the
Petition for Review in Alejo v. City of Alhambra, and, if Petition granted,
to join in amicus brief.
COUNCIL MEMBER SUAREZ RETURNED
At 9:56 a.m., Council Member Suarez returned to the Council meeting
and took his place at the Council table.
PUBLIC HEARING - ORDERING THE VACATION
PORTION OF PUMALO STREET, EAST OF DEL
AVENUE.
OF A
ROSA
(141
RES. 2000-4 - RESOLUTION OF THE CITY OF SAN
BERNARDINO ORDERING THE VACATION OF A PORTION
OF PUMALO STREET, EAST OF DEL ROSA AVENUE.
Development Services Director Michael E. Hays, submitted a staff
report dated December 14, 1999, wherein he requests a public hearing
and adoption of a resolution ordering the vacation of a portion of Pumalo
Street, east of Del Rosa Avenue.
Mayor Valles opened the hearing.
There were no public comments.
Council Member Miller made a motion, seconded by Council
Member Anderson, that the public hearing be closed and the Findings of
Fact, as set forth in the Staff Report from the Director of Development
Services, as to why a portion of Pumalo Street, east of Del Rosa Avenue,
is no longer necessary for public street purposes, be adopted; and that
said resolution be adopted.
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The motion carried and resolution No. 2000-4 was adopted by the
following vote: Ayes: Council Members Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson, Miller. Nays: None. Absent: None.
AUTHORIZE USE OF PROPERTY - SAN BERNARDINO
JUNIOR ALL-AMERICAN YOUTH FOOTBALL - 1244 WEST
NINTH STREET - $1 ANNUALLY. (18)
Council Member Anderson submitted a staff report dated
December 28, 1999, wherein she requests Council to grant use of
property located at 1244 West Ninth Street, to the San Bernardino
Junior All-American Youth Football, at the rate of $1.00 annually.
Council Member Anderson indicated this is a group of men that
have dedicated their time and skills to supervise a contact football sports
program for youth in the City's Westside.
Council Member Miller made a motion, seconded by Council
Member Suarez, that San Bernardino Junior All-American Football be
granted the use of property located at 1244 West Ninth Street at the rate
of$1.00 (one dollar) annually.
Discussion ensued regarding the lease.
City Administrator Wilson requested that staff come back with a
revised lease to reflect: 1. The rate, 2; The terms; and, 3. Resolution of
issues regarding insurance.
Council Member Miller withdrew her motion. Council Member
Miller made a motion to continue to the next Council meeting.
The motion failed for lack of a second.
City Attorney Penman recommended that Council go with the $1 a
year lease and then an amendment can be made to the lease, or a new
lease negotiated for a longer period of time. He requested a vote as to the
use of the property at the rate of $1 a year annually.
Council Member Miller made a motion, seconded by Council
Member Anderson, and unanimously carried, that San Bernardino
Junior All-American Football be granted the use of property located at
1244 West Ninth Street at the rate of $1.00 (one dollar) annually; that
the City Attorney prepare an amendment to the lease to reflect same, the
term of the lease and insurance, and that payments for the months of
November and December 1999, and January 2000, be forgiven; and that
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the matter be continued to the Mayor and Council meeting of January
24, 2000.
Michael Lewis, President of the San Bernardino Chapter of Junior
All-American Football, stated the program has been active for 35 years.
They not only support the westside, but the whole City, as well. Their
program encourages youth to excel in sportsmanship, citizenship,
academic achievement, fellowship, etc.
RESOLUTION OF THE CITY OF SAN BERNARDINO
DESIGNATING AND COMMEMORATING THE HISTORICAL
SIGNIFICANCE OF THE RIVER RED GUM EUCALYPTUS
TREE LOCATED AT 1850 WATERMAN AVENUE. (19)
Council Member Lien discussed the history of the eucalyptus tree
at 1850 N. Waterman Avenue. She indicated there was no way to save
the tree, although there was an effort made to do so. She would like a
new tree in its place and have the River Red Gum Eucalyptus tree site
designated as historically significant. An appropriate commemorative
plaque could be prepared and placed at the location. She requested that
this matter be tabled so that further research into the history of the tree
can be completed.
Robert Rego, 607 E. 20th Street, San Bernardino, stated it was an
honor to participate in this project, giving him an opportunity to make it
a more attractive community.
Council Member Lien made a motion, seconded by Council
Member McGinnis, and unanimously carried, that the matter be tabled.
RES. 2000-5 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO IN
SUPPORT OF SB 984 ESTABLISHING MARCH 31ST, CESAR
CHAVEZ'S BIRTHDAY, AS A STATEWIDE HOLIDAY. (20)
Teri Rubi, Chief of Staff, Mayor's Office, submitted a staff report
dated January 5, 2000, requesting support of SB 984, which establishes
March 31, Cesar Chavez' birthday, as a statewide holiday.
Council Member Estrada commented on her work with Cesar
Chavez during 1971 and 1972.
Council Member Estrada made a motion, seconded by Council
Member Suarez, and unanimously carried, that said resolution be
adopted.
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The following persons spoke in favor of the resolution:
Gil Navarro, President of the California Parents Association.
Pamela Lee Bailey Shimizu, Native American.
Dee Ortega, Regional Director for the Mexican American Political
Association.
Resolution No. 2000-5 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
Miller. Nays: None. Absent: None.
RECESS MEETING
At 10:34 a.m., Mayor Valles declared a five-minute recess.
RECONVENE MEETING
At 10:41 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,
Schnetz, Suarez, Anderson, Miller; City Attorney Penman, City Clerk
Clark, City Administrator Wilson. Absent: None.
RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO.
14193, LOCATED ON THE SOUTHEAST CORNER OF OHIO
AVENUE AND OLIVE AVENUE, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP; AND
AUTHORIZING EXECUTION OF THE STANDARD FORM OF
AGREEMENT FOR THE IMPROVEMENTS IN SAID
SUBDIVISION, WITH TIME FOR PERFORMANCE
SPECIFIED. (Continued from July 21,1999) (21)
Development Services Director Michael E. Hays, submitted a staff
report wherein he requests a continuance of Final Map for Tentative
Tract No. 14193 - southeast corner of Ohio and Olive Avenues.
Council Member Miller made a motion, seconded by Council
Member Anderson, and unanimously carried, that the approval of the
Final Map for Tentative Tract No. 14193 be continued to the Mayor and
Council meeting of February 22,2000.
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RES. 2000-6 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO SIGNAL MAINTENANCE, INC.
FOR INSTALLATION OF A TRAFFIC SIGNAL AT THE
INTERSECTION OF TIPPECANOE AVENUE AND
LAURELWOOD DRIVE PER PLAN NO. 10012. (Continued
from December 6, 1999) (22)
Council Member McGinnis made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 2000-6 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
Miller. Nays: None. Absent: None.
RESOLUTION OF THE CITY OF SAN BERNARDINO
ESTABLISHING A MANAGEMENT AND CONFIDENTIAL
EMPLOYEE COMPENSATION AND BENEFITS PLAN AND
RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97-
352,97-357, 1999-197 AND 1999-198. (23)
RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 6413, SECTIONS 12 AND 14,
ENTITLED IN PART, "A RESOLUTION...ESTABLISHING A
BASIC COMPENSATION PLAN...," BY UPDATING
INFORMATION CODIFYING PRIOR COUNCIL ACTION.
(MANAGEMENT & CONFIDENTIAL) (Sl)
City Attorney Penman requested that Council recess to closed
session on Items 23 and SI under 1. B., significant exposure to
litigation.
RECESS MEETING - CLOSED SESSION (Discussed
earlier in the meeting, page ) (1)
At 10:43 a.m., the Mayor and Common Council and Community
Development Commission recessed to closed session.
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, Miller; City Attorney Penman, City Clerk
Clark, City Administrator Wilson. Absent: None.
Also Present: Deputy City Attorneys Easland and Banac.
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CITY ATTORNEY PENMAN & CITY ADMINISTRATOR
WILSON EXCUSED
At 10:47 a.m., City Attorney Penman and City Administrator
Wilson left the closed session.
CITY ATTORNEY PENMAN & CITY ADMINISTRATOR
WILSON RETURNED
At 10:51 a.m., City Attorney Penman and City Administrator
Wilson returned to the closed session.
ADJOURN CLOSED SESSION
At 11:05 a.m., the closed session adjourned to the Council
Chambers of City Hall.
RECONVENE MEETING
At 11 :05 a.m., Mayor Valles reconvened the joint regular meeting
of the Mayor and Common Council and Community Development
Commission of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being
present: Mayor Valles; Council Members Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson, Miller; City Attorney Penman, City Clerk
Clark, City Administrator Wilson. Absent: None.
RESOLUTION OF THE CITY OF SAN BERNARDINO
ESTABLISHING A MANAGEMENT AND CONFIDENTIAL
EMPLOYEE COMPENSATION AND BENEFITS PLAN AND
RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97-
352,97-357,1999-197 AND 1999-198. (23)
RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 6413, SECTIONS 12 AND 14,
ENTITLED IN PART, "A RESOLUTION...ESTABLISHING A
BASIC COMPENSATION PLAN...," BY UPDATING
INFORMATION CODIFYING PRIOR COUNCIL ACTION.
(MANAGEMENT & CONFIDENTIAL) (Sl)
Council Member Suarez made a motion, seconded by Council
Member Miller that Agenda Items No. 23 and SI be continued to the
meeting of January 24, 2000.
MEETING WITH DAVID TURCH & ASSOCIATES, IN
CONJUNCTION WITH THE LEGISLATIVE ADVOCACY
PROGRAM - FEDERAL LEVEL (NB1)
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Council Member Anderson made a motion, seconded by Council
Member Miller, and unanimously carried, that the matter arose
subsequent to the posting of the agenda.
Council Member Anderson made a motion, seconded by Council
Member Miller, and unanimously carried, that the meeting with David
Turch & Associates be approved.
RECESS MEETING
At 11:07 a.m., Mayor Valles recessed the meeting to 12 noon at the
Management Information Center, 6th Floor, City Hall - for a luncheon
workshop - Strategic Education Service, State representatives regarding
legislative advocacy program for the upcoming year.
RECONVENE MEETING
At 11 :57 a.m., Mayor Valles reconvened the joint regular meeting
of the Mayor and Common Council and Community Development
Commission of the City of San Bernardino in the Management
Information Center, 6th Floor, 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; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Council Member Miller.
Also Present: Senior Assistant City Attorney Carlyle; Deputy City
Attorney Banac;, Economic Development Agency Executive Director Van
Osdel; Teri Rubi, Chief of Staff, Mayor's Office; Lori Sassoon, Assistant to
the City Administrator; Bill Chavez and Chuck Bader, Strategic
Education Services
LUNCHEON WORKSHOP - 12:00 NOON - MANAGEMENT
INFORMATION CENTER, 6TH FLOOR, CITY HALL
STRATEGIC EDUCATION SERVICE, STATE
REPRESENTATIVES REGARDING LEGISLATIVE ADVOCACY
PROGRAM FOR THE UPCOMING YEAR. (241
Bill Chavez, President of Strategic Education Services gave an
overview of the State budget and briefed the Mayor and Common Council
on various projects and issues.
Chuck Bader indicated that he had met with our State legislators
about issues of importance to the City.
Discussion ensued relative to various issues. No action was taken.
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ADJOURN LUNCHEON WORKSHOP
At 2:06 p.m., the luncheon workshop adjourned to the joint
regular meeting of the Mayor and Common Council and Community
Development Commission in the Council Chambers of City Hall.
RECONVENE MEETING
At 2:06 p.m., Mayor Valles reconvened the joint regular meeting of
the Mayor and Common Council and Community Development
Commission of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being
present: Mayor Valles; Council Members Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson; City Attorney Penman, Economic
Development Agency Special Counsel Sabo, City Clerk Clark, Economic
Development Agency Executive Director Van Osdel. Absent: Council
Member Miller.
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 2:06 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.
COUNCIL MEMBER SCHNETZ EXCUSED
At 2:08 p.m., Council Member Schnetz indicated that he had a
conflict of interest with this agenda item and left the Council meeting.
CITY ATTORNEY PENMAN EXCUSED
At 2:00 p.m., City Attorney Penman indicated that he, too, had a
conflict of interest with this agenda item and left the Council meeting. He
was replaced by Senior Assistant City Attorney Carlyle.
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1/10/2000
RES. 2000-7 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL APPROVING AND AUTHORIZING AN
APPLICATION FOR A SECTION 108 LOAN GUARANTEE
FUNDING IN THE AMOUNT OF $1,840,000 FROM THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD). (R25)
Ron Winkler, Director of the Development Department stated that
the proposed development involves the acquisition and renovation of the
State Office Building at 303 West 3rd Street. A purchase agreement for
building acquisition has been negotiated with the State, together with an
option to acquire an additional parcel for needed parking. The building
requires seismic treatment and removal of asbestos and soil
contaminants, as well as tenant improvements, before it can be placed
into productive use. Condition of the adjacent parcel is unknown at this
time. This is the result of several months' effort. Agency assistance is
requested in the form of a Section 108 loan from the U.S. Department of
Housing and Urban Development (HUD) in the amount of $1,840,000.
To mitigate against risk, it is proposed the monies be released under two
separate loan agreements.
Discussion ensued regarding funding and impact on the present
State Building.
Council Member Lien made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution No. 2000-7 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Suarez, Anderson. Nays:
None. Abstain: Council Member Schnetz. Absent:: Council Member
Miller.
Council Member McGinnis requested a list of projects that fall
under Section 108.
Mr. Winkler complied, indicating that the Westside Plaza (went into
default), the Harris Loan, the Cinemastar Project and the 40th Street
project (which has not been drawn on yet), fall under Section 108.
Council Member Estrada requested a list, in writing, of projects
financed with Section 108 funding.
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1/10/2000
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
LOAN AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND INLAND VALLEY DEVELOPMENT
AGENCY (IVDA) IN THE AMOUNT OF $120,000. (R26)
SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED
At 2:22 p.m., Senior Assistant City Attorney Carlyle left the
Council meeting and was replaced by City Attorney Penman.
Economic Development Agency Executive Director Van Osdel
requested that this matter be continued to the meeting of January
24, 2000.
Council Member Anderson made a motion, seconded by
Council Member Suarez, and unanimously carried, that the matter
be continued to the Mayor and Common Council Meeting of
January 24, 2000.
COUNCIL MEMBER SCHNETZ RETURNED
At 2:23 p.m., Council Member Schnetz returned to the
Council meeting and took his place at the Council table.
PUBLIC COMMENTS (27)
John Stevens, 408 Pershing, San Bernardino, expressed his
concern regarding the transport of nuclear waste.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, also
expressed his concern about the transportation of nuclear waste.
RECESS MEETING - CLOSED SESSION (Discussed earlier
in the meeting, pages 1-2) (1)
At 2:30 p.m., the Mayor and Council and Community Development
Commission recessed to closed session for the following:
1. Pursuant to Government Code Sections:
A. Conference with legal counsel - existing litigation - pursuant
to Government Code Section 54956.9(a):
Banks vs. City of San Bernardino, et al. - United States
Court of Appeals - Ninth Circuit Case No. 97-56630 [CV-95-
333656 R (RMC);
19
1/10/2000
City of San Bernardino vs. Bice, et aI., San Bernardino
Superior Court Case No. SCV SS59602;
Ruthee Goldkorn vs. City of San Bernardino, et aI., U.S.
District Court Case No. ED CV 98-42 RT (VAPx).
B. Conference with legal counsel - anticipated litigation -
significant exposure to litigation - pursuant to subdivision
(b) (1), (2), (3) (A-F) of Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation -
initiation of litigation - pursuant to subdivision (c) of
Government Code Section 54956.9.
D. Conference with legal counsel - personnel - pursuant to
Government Code Section 54957.
E. 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.
CLOSED SESSION
At 2:30 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, City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Council Member Miller.
Also present: Senior Assistant City Attorney Carlyle, Deputy City
Attorney Banac, Economic Development Agency Special Counsel Sabo,
Economic Development Agency Executive Director Van Osdel, Ron
Winkler, Development Director, Economic Development Agency.
20
1/10/2000
ADJOURN CLOSED SESSION/MEETING (28)
At 2:51 a.m., the closed session meeting was adjourned. The next
regular joint meeting of the Mayor and Common Council and Community
Development Commission will be held on Monday, January 24, 2000, at
8:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
RACHEL G. CLARK, CMC
City Clerk
By: Y::aPddi-f/YJdJIJ)d~, ItJ J!uj
t en Szendrodi
Deputy City Clerk
No. of Items: 31
No. of Hours: 6
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1/10/2000