HomeMy WebLinkAbout01-11-1999 Minutes
MINUTES
MAYOR AND COMMON COllNCIL AND
COMMlINITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JANUARY 11, 1999
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by Mayor
Valles at 8:15 a.m., Monday, January 11, 1999, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being present:
Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson; City
Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council
Member Miller. Vacant: Third Ward.
RECESS MEETING - CLOSED SESSION (Discussed later in the
meeting - page 13) (1)
At 8:15 a.m., the Mayor and Common Council and Community Development
Commission recessed to closed session for the following:
Pursuant to Government Code Sections:
A. Conference with legal counsel - existing litigation pursuant to
Government Code Section 54956.9(a):
Brian S. Deam vs. City of San Bernardino. et al. - San Bernardino
Superior Court Case No. SCV 41377;
Stubblefield Construction Co.. et al. vs. City of San Bernardino, et al. -
Fourth District Court of Appeals Case No. E020341;
Denise Carrillo-Chacon vs. Citv of San Bernardino. et al. - United
States District Court Case No. EDCV 98-19 RT (V APx);
Kenneth J. Henderson. et al. vs. Economic Develooment Agencv of the
Citv of San Bernardino. et al. - Fourth Appellate District Court of
Appeals Case No. E021852 (San Bernardino Superior Court Case No.
SCV 16489).
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B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation pursuant to subdivision (b) 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.
Public Employee Appointment
Aooointment: City Engineer
E. Conference with real property negotiator pursuant to Government Code
Section 54956.8.
F. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities pursuant to Government Code Section
54957.
CLOSED SESSION
At 8: 15 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, Schnetz, Devlin, Anderson; City
Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council
Member Miller. Vacant: Third Ward.
Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy
City Attorneys Empeno and Murad, Administrative Operations Supervisor Edna
Anderson, City Attorney's Office; and Special Counsel Lockwood of Lewis, D'Amato,
Brisbois and Bisgaard, 650 E. Hospitality Lane, Suite 600, San Bernardino, California.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Cordova read the titles of all the resolutions and ordinances
on the regular agenda of the Mayor and Common Council and Community
Development Commission/San Bernardino Joint Powers Financing Authority/San
Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino
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Associated Communities Financing Authority while the Mayor and Common Council
and Community Development Commission were in closed session.
DEPUTY CITY ATTORNEY EMPENO & SPECIAL COUNSEL
LOCKWOOD EXCUSED
At 8:38 a.m., Deputy City Attorney Empeno and Special Counsel Lockwood
left the closed session.
CITY CLERK CLARK EXCUSED
At 8:44 a.m., City Clerk Clark left the closed session.
SENIOR ASSISTANT CITY ATTORNEY SIMMONS & CITY
ADMINISTRATOR WILSON EXCUSED
At 8:57 a.m., Senior Assistant City Attorney Simmons and City Administrator
Wilson left the closed session.
ADJOURN CLOSED SESSION
At 9:00 a.m., the closed session adjourned to the Council Chambers of City
Hall.
RECONVENE MEETING
At 9:00 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, Schnetz, Devlin, Anderson; City Attorney
Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members
Estrada, Miller. Vacant: Third Ward.
INVOCATION
The invocation was given by Executive Assistant to the Council Jorge Carlos.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Devlin.
ANNOUNCEMENTS - MAYOR V ALLES
(4)
Mayor Valles announced that Council Member Miller was at St. Bernardine's
Hospital with her son, who was injured in a skiing accident this past weekend.
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APPOINTMENTS - TRAFFIC SAFETY ADVISORY COMMITTEE-
ANIMAL ADVISORY COMMISSION COMMUNITY
DEVELOPMENT CITIZENS ADVISORY COMMITTEE - CENTRAL
CITY PARKING PLACE COMMISSION - MAYOR VALLES -
COUNCIL MEMBERS ANDERSON & MILLER (2)
Mayor Valles submitted staff reports dated December 23, 1998, and January 5
& 6, 1999, recommending the following appointments on behalf of herself and Council
Members Anderson and Miller.
Mavor Valles
John A. Ragsdale (Alternate) - Animal Advisory Commission
David B. Aguirre - Community Development Citizens Advisory Committee
Donald A. Kipp - Traffic Safety Advisory Committee
Council Member Anderson
Sylvia Arias - Central City Parking Place Commission
Council Member Miller
Sally Morris - Community Development Citizens Advisory Committee
Council Member Devlin made a motion, seconded by Council Member
Anderson, and unanimously carried, that the appointments requested by Mayor Valles
and Council Members Anderson and Miller be approved.
CERTIFICATE OF APPRECIATION - JOYCE JOHNSON - POLICE
DEPARTMENT (3)
Lieutenant Kinsman of the San Bernardino Police Department presented Joyce
Johnson, Court Officer with the Police Department, with a resolution of appreciation in
recognition of her loyal service and commitment to the community from 1980-1999,
and extended best wishes on her retirement.
INTRODUCTION/PRESENT A TION
FACILITY
PASSPORT
ACCEPTANCE
(3)
City Clerk Rachel Clark introduced Barbara Brophy, Customer Service
Manager of the Los Angeles Passport Agency. who presented Certificates of
Designation to the following City Clerk personnel who have been designated as
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Passport Agents:
Suzanna Cordova,
Miller.
Rosemary Allen, Josie Alvarez, Cindy Buechter, Rachel Clark,
Eileen Gomez, Regina Guerrero, Sandra Medina and Melanie
RECESS MEETING
At 9: 16 a.m., Mayor Valles declared a recess for the reception and grand
opening of the new Passport Acceptance Facility in the City Clerk's Office.
RECONVENE MEETING
At 9:40 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, Schnetz, Devlin, Anderson; City
Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council
Member Miller. Vacant: Third Ward.
ANNOUNCEMENTS - MAYOR V ALLES
(4)
Mayor Valles thanked the International Council for Friendship and Goodwill for
hosting the reception for the Passport Acceptance Facility.
ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4)
Council Member Devlin provided an update on the "E" Street construction
project.
ANNOUNCEMENTS - COUNCIL MEMBER LIEN
(4)
Council Member Lien extended an invitation to attend the County Medical
Center Site Reuse Committee meeting to be held at 4:00 p.m., Friday, January 15,
1999, in the Council Office Conference Room. They are considering all of the
proposed uses for the Gilbert site and encourage recommendations.
ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4)
Council Member Estrada stated that the Mt. Vernon Redevelopment Advisory
Committee has been meeting to consider the various projects that will affect the Mt.
Vernon Corridor. A report will be compiled and disseminated to all residents of the
First Ward. Ms. Estrada also expressed her appreciation to the committee members.
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ANNOUNCEMENTS - MAYOR VALLES
(4)
Mayor Valles acknowledged that the weekend clean-ups are continuing and
thanked all of the participants. She stated that council ward community updates are
being produced and more information will follow.
ANNOUNCEMENTS - CITY CLERK RACHEL CLARK (4)
City Clerk Rachel Clark made the following annoucements to the residents of
the Third Ward: Election will be held on Tuesday, February 2, 1999; the League of
Women Voters will be sponsoring a candidate forum on January 21, 1999 in the
Council Chambers of City Hall at 6:30 p.m.; and early voting will take place on
Saturday, January 30, 1999, at Fire Station No. 10 between 9:00 a.m. and 3:00 p.m.
ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4)
Council Member Anderson stated that the second clean-up day within the Sixth
Ward would be held on Saturday, January 16, 1999, and fliers would be disseminated.
She also provided information on the designations for dumpsters.
PUBLIC COMMENTS - PAUL SANBORN
(5)
Paul Sanborn, 267 South "D" Street, San Bernardino, CA, stated that his
property is constantly being vandalized and expressed concern that the Police
Department cannot properly identify the crime targeted areas. He also commented on
the unsightliness of a boarded-up house on Mt. View Avenue and the abandoned Naval
Reserve building on Waterman Avenue.
PUBLIC COMMENTS - PAMELALEE BAILEY-SHIMIZU (5)
Pamelalee Bailey Shimizu, 25220 East 17'h Street, San Bernardino, CA,
representing the Mt. Vernon Avenue Pride Association, requested than an alternate
route of passage be designated when improvements commence on the Mt. Vernon
bridge and that small business loans be issued to local business. She also stated that the
First Nations Tribal Library and Resource Center is in need of furniture and funds.
Mayor Valles stated that when improvements are being made to major
thoroughfares, every effort is made to divert traffic.
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ANNOUNCEMENTS - CITY CLERK RACHEL CLARK (4)
City Clerk Rachel Clark stated that the previously announced candidate forum
would be televised on Saturday, January 23, 1999, at 7:00 p.m. and Tuesday, January
26, 1999, at 1:00 and 8:00 p.m.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES
(6)
Council Member Anderson made a motion, seconded by Council Member
Devlin, 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.
COUNCIL MINUTES
(7)
Council Member Anderson made a motion. seconded by Council Member
Devlin, and unanimously carried, that the minutes of the following meetings of the
Mayor and Common Council and Community Development Commission of the City of
San Bernardino be approved as submitted in typewritten form: November 2, 1998;
November 23, 1998.
CLAIMS & PAYROLL
(8)
Council Member Anderson made a motion. seconded by Council Member
Devlin, and unanimously carried, that the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated January 4, 1999, from Barbara
Pachon, Director of Finance, be approved.
PERSONNEL ACTIONS
(9)
Council Member Anderson made a motion, seconded by Council Member
Devlin, and unanimously carried, that the personnel actions as submitted by the Chief
Examiner, dated January 4, 1999, in accordance with Civil Service rules and Personnel
policies adopted by the Mayor and Common Council of the City of San Bernardino, be
approved and ratified.
ORD. MC-1038 - ORDINANCE OF THE CITY OF SAN
BERNARDINO ADDING CHAPTER 5.26 TO ARTICLE I, TITLE 5
OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
SHOPPING CARTS. Final (10)
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ORD. MC-I039 - AN ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING SECTION 5.04.005 OF THE SAN
BERNARDINO MUNICIPAL CODE RELATING TO THE
REQUIREMENTS FOR CONDUCTING BUSINESS IN THE CITY.
Final (11)
RES. 1999-1 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO CAMACHO'S
LANDSCAPE, INC., FOR THE MAINTENANCE OF
LANDSCAPING IN ASSESSMENT DISTRICTS 956, 968, 1016 AND
1023. (14)
RES. 1999-2 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO GOLDEN WEST
LANDSCAPE CONTRACTOR FOR THE MAINTENANCE OF
LANDSCAPING IN ASSESSMENT DISTRICTS 974, 975, 981, 986,
989, 1001, 1007, 1012 & 1020. (16)
RES. 1999-3 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO GOLDEN WEST
LANDSCAPE CONTRACTOR FOR THE MAINTENANCE OF
LANDSCAPING IN ASSESSMENT DISTRICT 982. (18)
RES. 1999-4 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO GOLDEN WEST
LANDSCAPE CONTRACTOR FOR MAINTENANCE OF
LANDSCAPING IN ASSESSMENT DISTRICTS 993 AND 1005.
(19)
RES. 1999-5 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A PURCHASE ORDER TO
MOTOROLA CORPORATION FOR THE PURCHASE OF 94
MOBILE DATA COMPUTERS TO BE UTILIZED BY THE POLICE
AND FIRE DEPARTMENTS IN ACCORDANCE WITH BID
SPECIFICATION #F99-26. (21)
Council Member Anderson made a motion, seconded by Council Member
Devlin, that said ordinances and resolutions be adopted.
Ordinance Nos. MC-1038 and MC-1039 and Resolution Nos. 1999-1, 1999-2, 1999-3,
1999-4 and 1999-5 were adopted by the following vote: Ayes: Council Members
Estrada, Lien, Schnetz, Devlin, Anderson. Nays: None. Absent: Council Member
Miller. Vacant: Third Ward.
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RES. 1999-6 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO GOLDEN WEST
LANDSCAPE CONTRACTOR FOR THE MAINTENANCE OF
LANDSCAPING IN ASSESSMENT DISTRICTS 951, 952, 1002 AND
1019. (12)
RES. 1999-7 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO AZTECA
LANDSCAPE, INC., FOR THE MAINTENANCE OF
LANDSCAPING IN ASSESSMENT DISTRICT 953. (13)
RES. 1999-8 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO GOLDEN WEST
LANDSCAPE CONTRACTOR FOR MAINTENANCE OF
LANDSCAPING IN ASSESSMENT DISTRICT 959. (15)
RES. 1999-9 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO CAMACHO'S
LANDSCAPE, INC., FOR THE MAINTENANCE OF
LANDSCAPING IN ASSESSMENT DISTRICTS 976, 991, 997 &
1017. (17)
Director of Development Services Hays stated that the assessments have
not increased.
Council inquired about the unkept area next to the Ironwood Estates.
Council Member Devlin made a motion, seconded by Council Member
Anderson, that said resolutions be adopted.
Resolution Nos. 1999-6, 1999-7, 1999-8 and 1999-9 were adopted by the
following vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson.
Nays: None. Absent: Council Member Miller. Vacant: Third Ward.
RES. 1999-10 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A PUCHASE ORDER TO MOTOROLA
INCORPORATED, RIVERSIDE, CA, FOR THE PURCHASE OF
FOUR VEHICLE RADIOS AND EIGHT PORTABLE RADIOS. (20)
Police Captain Curtis answered questions regarding the cost of the radios.
City Attorney Penman requested that the motion include a statement that this
particular equipment is exempt from the bidding process pursuant to Section
3.04.0l0.B.3 of the Municipal Code.
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Council Member Estrada made a motion, seconded by Council Member Devlin,
that said resolution be adopted; and that the equipment be exempt from the bidding
process pursuant to Municipal Code Section 3.04.01O.B.3.
The motion carried and Resolution No. 1999-10 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson. Nays:
None. Absent: Council Member Miller. Vacant: Third Ward.
PUBLIC HEARING - RENEW GRANT STUBBLEFIELD
CONSTRUCTION DBA MOUNTAIN SHADOWS CABLE TV
SYSTEM (22)
Frank Keller, Cable Television Manager, submitted a staff report dated
December 9, 1998, regarding the granting (renewal) of a franchise to Stubblefield
Construction dba Mountain Shadows Cable TV System .
Mayor Valles opened the hearing.
Cable Television Manager Keller noted that the renewal would be for a five-
year period, thereby expiring in line with the expiration dates of the other two major
franchise holders within the city.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO
RENEWING A GRANT TO STUBBLEFIELD CONSTRUCTION DBA
MOUNTAIN SHADOWS CABLE TV SYSTEM OF A NON-
EXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE AND
MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE CITY
OF SAN BERNARDINO. First (22)
Council Member Estrada made a motion, seconded by Council Member
Anderson, and unanimously carried, that the hearing be closed; and that said ordinance
be laid over for final adoption.
COUNCIL MEMBER ESTRADA EXCUSED
At 10:10 a.m., Council Member Estrada left the council meeting.
AUTHORIZE EXECUTION OF SUBPOENAS - UTILITY BILLING
RECORDS - AUDIT - AT&T & SOUTHERN CALIFORNIA EDISON
- UTILITY USERS TAX (23)
City Administrator Wilson submitted a staff report dated January 5, 1999,
regarding authorization to execute a subpoena for production of business records by the
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1/11/1999
Southern California Edison Company and AT&T to enable the city to perform an audit
of the city's utility user tax revenue.
City Administrator Wilson explained that the city has experienced a decline in
utility tax revenue. Hence, staff is requesting authorization to subpoena the production
of business records.
Barbara Pachon, Director of Finance, answered questions regarding the decline
in utility tax revenue and the costs associated with the audit.
Ray Gonzalez, Regional Manager, Southern California Edison, 287 Tennessee,
Redlands, CA, explained the impact the rate reduction has had on the utility industry
and city's utility tax revenue.
Council Member Devlin made a motion, seconded by Council Member
Anderson, and unanimously carried, that the Mayor be authorized to execute the
attached subpoenas for the production of business records at Southern California Edison
Company and AT&T for the purpose of conducting an audit of utility users taxes.
COUNCIL MEMBER ESTRADA RETURNED
At 10: 11 a.m., Council Member Estrada returned to the Council meeting and
took her place at the council table.
RES. 1999-11 RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH SIERRA COMPUTER SYSTEMS, INC., (SCSI)
FOR THE PURCHASE OF 'PERMITS' PLUS LICENSE FOR THE
PERMIT TRACKING SYSTEM UPGRADE TO BE USED BY
VARIOUS DEPARTMENTS. (24)
Michael Hays, Director of Development Services, provided an overview of the
permit tracking system upgrade and the benefits to be derived.
Council Member Devlin made a motion, seconded by Council Member
Anderson, that said resolution be adopted; and that the Director of Development
Services be directed to proceed with purchasing computer equipment as indicated in the
Resolution's Exhibit A, up to a maximum cost of $36,500.
The motion carried and Resolution No. 1999-11 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson. Nays:
None. Absent: Council Member Miller. Vacant: Third Ward.
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AUTHORIZATION TO PROCEED - STREET NAME CHANGE -
FROM AUTO PLAZA DRIVE - TO AUTO CENTER DRIVE (25)
Michael E. Hays, Director of Development Services, submitted a staff report
dated December 14, 1998, regarding authorization to proceed with the street name
change of Auto Plaza Drive to Auto Center Drive.
Council Member Anderson made a motion, seconded by Council Member
Estrada, and unanimously carried, that the Director of Development Services be
authorized to proceed with the street name change of Auto Plaza Drive to Auto Center
Drive.
RES. 1999-12 - A RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE DONATION OF THREE (3)
OLDER MODEL POLICE VEHICLES TO THE INLAND V ALLEY
DEVELOPMENT AGENCY (I.V.D.A.)/SAN BERNARDINO
INTERNATIONAL AIRPORT AUTHORITY (S.B.I.A.A.) FOR USE
BY THE AIRPORT SECURITY FORCE. (26)
Captain Billdt, San Bernardino Police Department, answered questions
regarding the condition of the vehicles.
Council Member Devlin made a motion, seconded by Council Member
Anderson, that said resolution be adopted.
Resolution No. 1999-12 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, Schnetz, Devlin, Anderson. Nays: None. Absent: Council
Member Miller. Vacant: Third Ward.
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION
PROHIBITING PARKING UPON CERTAIN DESIGNATED
STREETS OR PORTIONS THEREOF..... TO ESTABLISH A NO
PARKING ANY TIME ZONE ON FOURTH STREET BETWEEN
FOOTHILL BOULEVARD AND TlA JUANA STREET,
APPLICABLE TO THE SOUTH SIDE ONLY. (Continued from
December 21, 1998) (27)
City Administrator Wilson requested that the matter be tabled so that a
comprehensive study could be made.
Council Member Estrada made a motion, seconded by Council Member Devlin,
and unanimously carried, that the matter be tabled.
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RECESS MEETING - CLOSED SESSION (Discussed earlier in the
meeting - page 1) (1)
At 10:24 a.m., the Mayor and Common Council and Community Development
Commission recessed to closed session for the following:
Pursuant to Government Code Sections:
A. Conference with legal counsel - existing litigation pursuant to
Government Code Section 54956.9(a):
Brian S. Deam vs. Citv of San Bernardino. et al. - San Bernardino
Superior Court Case No. SCV 41377;
Stubblefield Construction Co.. et al. vs. Citv of San Bernardino. et al. -
Fourth District Court of Appeals Case No. E020341;
Denise Carrillo-Chacon vs. Citv of San Bernardino. et al. - United
States District Court Case No. EDCV 98-19 RT (VAPx);
Kenneth J. Henderson. et al. vs. Economic Develooment Agencv of the
Citv of San Bernardino. et al. - Fourth Appellate District Court of
Appeals Case No. E021852 (San Bernardino Superior Court Case No.
SCV 16489).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation pursuant to subdivision (b) 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.
Public Employee Appointment
Aooointment: City Engineer
E. Conference with real property negotiator pursuant to Government Code
Section 54956.8.
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1/11/1999
F. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities pursuant to Government Code Section
54957.
CLOSED SESSION
At 10:24 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, Schnetz, Devlin, Anderson; City
Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council
Member Miller. Vacant: Third Ward.
Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy
City Attorney Murad and Administrative Operations Supervisor Anderson, City
Attorney's Office.
COUNCIL MEMBER MILLER ARRIVED
At 10:31 a.m., Council Member Miller arrived at the closed session.
CITY ADMINISTRATOR WILSON,
ATTORNEY SIMMONS & DEPUTY
EXCUSED
At 10:49 a.m., City Administrator Wilson. Senior Assistant
Simmons and Deputy City Attorney Murad left the closed session.
SENIOR ASSIST ANT
CITY ATTORNEY
CITY
MURAD
City Attorney
CITY ATTORNEY PENMAN EXCUSED
At 10:50 a.m., City Attorney Penman left the closed session.
CITY ATTORNEY PENMAN RETURNED
At 11 :02 a.m., City Attorney Penman returned to the closed session.
COUNCIL MEMBER MILLER EXCUSED
At 11 :29 a.m., Council Member Miller left the closed session.
ADJOURN CLOSED SESSION/RECESS MEETING
At 11:48 a.m., the closed session adjourned and the meeting recessed to 2:00
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.
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1/11/1999
ROLL CALL
Roll call was taken by City Clerk Clark with the following being present:
Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson; City
Attorney Penman, Economic Development Agency Special Counsel Sabo, City Clerk
Clark, Economic Development Agency Executive Director Van Osdel. Absent:
Council Member Miller. Vacant: Third Ward.
APPOINTMENT - VERONICA MARTINEZ - COMMUNITY
DEVELOPMENT CITIZENS ADVISORY COMMITTEE - MAYOR
V ALLES (NBl)
Mayor Valles submitted a staff report dated January 11, 1999, recommending
the appointment of Veronica Martinez to the Community Development Citizens
Advisory Committee.
Council Member Devlin made a motion, seconded by Council Member
Anderson, and unanimously carried, that the matter arose subsequent to the posting of
the agenda.
Council Member Estrada made a motion, seconded by Council Member Devlin,
and unanimously carried, that the appointment of Veronica Martinez to the Community
Development Citizens Advisory Committee be approved, as requested by Mayor
Valles.
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 2:09 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.
PUBLIC COMMENTS
(5)
Jaime Alvarez, owner of Alvarez & Associates, 201 North "E" Street,
San Bernardino, CA, submitted a time line of events regarding property located
at 119 East 9th Street, San Bernardino, CA, and stated that he had been notified
that the Acquisition, Rehabilitation and Resale (ARR) Program would be
altered. He urged the Mayor and Council to make no changes to the program
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1/11/1999
and requested that they be given an opportunity to respond to the investigation
currently being conducted by the San Bernardino Police Department.
The following individuals expressed support and confidence in Mr.
Alvarez and his company and requested that the ARR Program not be changed:
Marisela Labastida, 201 N. "E" Street #202, San Bernardino, CA
Hector Labastida, 201 N. "E" Street #202, San Bernardino, CA
Victor Labastida, 201 N. "E" Street #202, San Bernardino, CA
Jerry Miller
Cynthia Verdugo Peralta
Abel Vizcarra, 201 N. "E" Street #202, San Bernardino, CA
Elena Labastida, 201 N. "E" Street #202, San Bernardino, CA
Leticia Eastland, 201 N. "E" Street #202, San Bernardino, CA
Adrienne Holes, 201 N. "E" Street #202, San Bernardino, CA
Araceli Soriano, 201 N. "E" Street #202, San Bernardino, CA
Yvette Markes, 201 N. "E" Street #292, San Bernardino, CA
Monica Visconti, 760 San Carlo, San Bernardino, CA
Lance Bond, Montclair, CA
Edward Guzman
Rich Godfrey
Brad Thomas, 13231 Wrangle Lane, Lorna Linda, CA
Ben Mendoza
Troy Holes, 201 N. "E" Street #202, San Bernardino, CA
Richard Vasquez
Eduardo Rojas, 1512 Teresa, Colton, CA
Juan Valencia, 14424 Olive Street, Baldwin Park, CA
Mike Johnson, 206 W. 17th Street, San Bernardino, CA
Antonio Muniz, El Monte, CA
Gavino Valencia
Romi Maldonado, 1069 W. 11"' Street, San Bernardino, CA
Rene Sims, 201 N. "E" Street #202, San Bernardino, CA
Raul Aldez, 1122 W. 19th Street, San Bernardino, CA
Rosie Buford, 1792 West 19th Street, San Bernardino, CA
Sandy Sanchez, escrow officer with Universal Title
Mike Bloomer, Gateway Title, Banning, CA
Ron Remund, Provident Bank
Mayor Valles thanked those individuals who spoke on behalf of the ARR
Program and stated that the program would remain intact.
RECESS MEETING
At 2:58 p.m., Chairwoman Valles declared a three-minute recess.
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RECONVENE MEETING
At 3:10 p.m., Chairwoman Valles reconvened 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.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being present:
Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson; Senior
Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo,
City Clerk Clark, Economic Development Agency Executive Director Van Osdel.
Absent: Council Member Miller. Vacant: Third Ward.
PUBLIC HEARING - AMEND 1996/97 & 1997/98 ANNUAL
ACTION PLAN - CONSOLIDATED PLAN - SAN BERNARDINO
MOBILEHOME PARK CORPORATION (R2S)
Maggie Pacheco, Director of Housing and Community Development, submitted
a staff report dated January 4, 1999, regarding an amendment to the 1996/97 and
1997/98 Annual Action Plan relative to rehabilitation of certain mobile home parks.
Mayor Valles opened the hearing.
Gary Van Osdel, Executive Director of the Economic Development Agency,
stated that $700,000 had been allocated for the rehabilitation of the mobile home parks
acquired by the city and recommended that a contract be granted to the San Bernardino
Mobilehome Park Corporation for the allocation of such.
Director Pacheco stated that staff would be overseeing the administration of the
funds.
Council requested an update on the Mobile Home Program.
RES. 1999-13 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING
RESOLUTION NO. 98-68 AND AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH THE SAN BERNARDINO
MOBILEHOME PARK CORPORATION FOR THE
REHABILITATION OF CERTAIN MOBILE HOME PARKS. (R2S)
Council Member Anderson made a motion, seconded by Council Member
Devlin, that the hearing be closed; that said resolution be adopted; and that the Mayor
and Common Council reallocate Federal HOME funds, as depicted in Exhibit "A" of
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the staff report dated January 4, 1999, from Maggie Pacheco, Director of Housing and
Community Development, and approve an amendment to the 1996/97 and 1997/98
Annual Action Plan of the City's Consolidated Plan to provide funding in the amount of
$700,000 to the San Bernardino Mobilehome Park Corporation for the rehabilitation of
certain mobile home parks and $32,820.15 to a contingency account.
The motion carried and Resolution No. 1999-13 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, Schnetz, Devlin, Anderson. Absent:
Council Member Miller. Vacant: Third Ward.
SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED
At 3:18 p.m., Senior Assistant City Attorney Carlyle left the Council meeting
and was replaced by City Attorney Penman.
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
ECONOMIC DEVELOPMENT AGENCY TO EXECUTE AN
AGREEMENT FOR PROFESSIONAL SERVICES WITH
THEATRICAL ARTS INTERNATIONAL. (R29)
Ann Harris, Director of Business Recmitment, Retention and
Revitalization, answered questions concerning the provisions of the agreement.
Council Member Anderson made a motion, seconded by Council
Member Estrada, and unanimously carried, that the Mayor be authorized to
renegotiate an agreement with Theatrical Arts International; and that the matter
be referred to the Redevelopment Committee and brought back to the
Community Development Commission.
Council Member Anderson made a motion, seconded by Council
Member Estrada, that staff be authorized to give a thirty (30) day cancellation
notice to the Civic Light Opera and Keith Stava Productions.
The motion carried by the following vote: Ayes: Council Members
Estrada, Lien, Schnetz, Anderson. Nays: Council Member Devlin. Absent:
Council Member Miller. Vacant: Third Ward.
ADJOURNMENT (30)
At 3:29 p.m., the meeting was adjourned. The next regular meeting of the
Mayor and Common CouncillCommunity Development Commission will be held at
8:00 a.m., Monday, January 25, 1999, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
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No. of Items: 31
No. of Hours: 5.5
RACHEL G. CLARK, CMC
City Clerk
By
/~
zanna Cordova
eputy City Clerk
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