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HomeMy WebLinkAbout04-05-1999 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING APRIL 5, 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 8:08 a.m., Monday, April 5, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Hartzel with the following being present: Mayor Valles; Council Members Lien, McGinnis, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, Deputy City Clerk Hartzel, City Administrator Wilson. Absent: Council Member Estrada. RECESS MEETING - CLOSED SESSION - (Discussed later in the meeting - pages 20, 25 & 26) (1&81) At 8:08 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): Manta Management Com. vs. City of San Bernardino - Court of Appeal Case No. E019635 (Superior Court Case No. SCV 19157); Kenneth J. Henderson. et al. vs. Economic Develooment Agencv of the City of San Bernardino. et al. - Fourth Appellate District Court of Appeal Case No. E021852 (San Bernardino Superior Court Case No. SCV 16489); Kenneth J. Henderson and David R. Edgar vs. Economic Develooment Agencv of the City of San Bernardino - San Bernardino Superior Court Case No. SCV 38695; 1 4/5/1999 Saman vs. Citv of San Bernardino. et al. - United States District Court Case No. CIV 93-0448 RAP (RMCx); Hector L. Serrano. et al. vs. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 46669. 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: (Director of Public Services) E. Conference with real property negotiator pursuant to Government Code Section 54956.8. F. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957. G. Conference with labor negotiator pursuant to Government Code Section 54957.6. CLOSED SESSION At 8:09 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 Deputy City Clerk Hartzel with the following being present: Mayor Valles; Council Members Lien, McGinnis, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, Deputy City Clerk Hartzel, City Administrator Wilson. Absent: Council Member Estrada. Also present: Senior Assistant City Attorneys Carlyle and Simmons and Administrative Operations Supervisor Edna Anderson, City Attorney's Office; Chris Lockwood of Lewis, D'Amato, Brisbois & Bisgaard, 650 E. Hospitality Lane, San 2 4/5/1999 Bernardino, CA; and James A. Odium of Mundell, Odium, Haws & Reider, LLP, 275 W. Hospitality Lane, Suite 300, San Bernardino, CA. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority while the Mayor and Common Council and Community Development Commission were in closed session. COUNCIL MEMBER ESTRADA ARRIVED At 8:22 a.m., Council Member Estrada arrived at the closed session. SPECIAL COUNSEL LOCKWOOD EXCUSED At 8:30 a.m., Special Counsel Lockwood left the closed session. SPECIAL COUNSEL ODLUM EXCUSED At 8:33 a.m., Special Counsel Odium left the closed session. ADJOURN CLOSED SESSION At 8:57 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9:02 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 Deputy City Clerk Hartzel with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, Deputy City Clerk Hartzel, City Administrator Wilson. Absent: None. INVOCATION The invocation was given by Father Ray Rosales of Our Lady of Guadalupe Catholic Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Schnetz. 3 4/5/1999 APPOINTMENT ANNA COX BOARD COMMISSIONERS - COUNCIL MEMBER LIEN OF POLICE (2) Mayor Valles submitted a staff report dated March 30, 1999, requesting the appointment of Anna Cox to the Board of Police COlnmissioners, as recommended by Council Member Lien. Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that the appointment of Anna Cox to the Board of Police Commissioners, as requested by Council Member Lien, be approved. ANNOUNCEMENT - MAYOR VALLES (4) Mayor Valles stated that she had attended a briefing on Problem Oriented Policing and Community Oriented Policing and acknowledged the efforts of the Police Department. PRESENT A TION CERTIFICATES CALIFORNIA STATE UNIVERSITY, BASKETBALL TEAM OF SPORTMANSHIP SAN BERNARDINO (3) Mayor Valles presented Certificates of Sportsmanship to the members of the California State University, San Bernardino Basketball Team. The team closed the 1998/99 season as the most successful team in the school's history, finished with an overall record of 23-8 and won the NCAA Division II West Regional Tournament in Ellensburg, Washington. The following individuals were acknowledged: Dr. Albert Karnig, President of California State University, San Bernardino; Larry Reynolds, Head Coach; Reggie Howard, Jeff Oliver and Dana Jimmerson, Assistant Coaches; Nancy Simpson, Director of Athletics and team players James Taylor, Jimmy Alapag, James Lindsey, Micah Langston, Charles Stone, Mike Edwards, Phil Johnson, Ty Gordon, Ryan Sylva, Josh Goldberg, Scott Duffy, Tarron Williams and Eric Maye. CERTIFICATES OF APPRECIATION - CITY & COUNTY JOINT CHILD CARE VENTURE (3) Linda Jenkins, Equal Employment Opportunity Officer, thanked the County of San Bernardino for its participation in a joint venture with the city for the development of a quality, affordable child care model. Mayor Valles presented certificates of appreciation to the following individuals: Supervisor Jerry Eaves; John Michaelson, Director, Transitional Assistance Department; and Jane Adams, Deputy Director, Transitional Assistance Department. 4 4/5/1999 PRESENTATION - SERVICE PINS - EVELYN WILSON (3) Council Member Lien stated that Evelyn Wilson's (neighborhood aSSOCIatIon president) home had been broken into and her service pins from the city were stolen. Ms. Lien acknowledged Ms. Wilson's dedication to the community and presented her with a replacement set of service pins. PROCLAMATION - SINFONIA MEXICANA SOCIETY DAY - APRIL 11, 1999 (3) Linda Jenkins, Equal Employment Opportunity Officer, read a proclamation proclaiming April 11, 1999, as "Sinfonia Mexicana Society Day" within the City of San Bernardino. PROCLAMATION - NATIONAL LIBRARY WEEK - APRIL 11-17, 1999 (3) Linda Jenkins, Equal Employment Opportunity Officer, read a proclamation proclaiming the week of April 11-17, 1999, as "National Library Week" within the City of San Bernardino. PROCLAMATION - ARCHITECTURE WEEK - APRIL 12-18,1999 (3) Linda Jenkins, Equal Employment Opportunity Officer, read a proclamation proclaiming the week of April 12-18, 1999, as "Architecture Week" within the City of San Bernardino. Gary Miller, President of the American Institute of Architects (AlA), accepted the proclamation. PRESENTATION - CHECK TO THE CITY - $14,710 (3) City Attorney Penman acknowledged the efforts of Deputy City Attorney Paula Coleman who was instrumental in obtaining a civil compromise relative to a lawsuit filed against a property management company. Deputy City Attorney Coleman stated that the property management company agreed to pay restitution fees in the amount of $14,710; and she presented the check to Mayor Valles. 5 4/5/1999 PRESENTATION - CITY & COUNTY OF SAN BERNARDINO - MHM & ASSOCIATES (3) A representative from MHM & Associates (grant writer management team) acknowledged the efforts of the city and county for the development of the child care model and presented a plaque to Mayor Valles and Supervisor Jerry Eaves. A representative from the Boys & Girls Club thanked the city and county for their collaborative efforts on the child care model and reiterated their commitment to the community. ANNOUNCEMENTS - MA YOR VALLES (4) Mayor Valles acknowledged the efforts of the Socialites and the parents, coaches and managers of the little league organizations. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada announced that the county would be sponsoring a free dump day on Saturday, April 10, 1999, at the county landfills; and the next First Ward Cleanup Day is scheduled for Saturday, April 17, 1999, at the San Bernardino Unified School District offices located at 7th & F Streets. The cleanup day of April 17 will be hosted by the Feldheym Neighborhood Association. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien made the following announcements: 1) Next Saturday a meeting would be held at the Perris Hill Senior Center from 10:00 a.m. to 2:00 p.m. All residents and organizations are invited to attend and discuss issues relative to the Second Ward; 2) Relay for Life would be held on May 15 and 16 at San Gorgonio High School. Walkers, runners and sponsors are encouraged to participate; and 3) Saturday, April 24, 1999, the San Bernardino High School (SBHS) Neighborhood Association will be sponsoring a cleanup day at SBHS. ANNOUNCEMENTS - COUNCIL MEMBER MC GINNIS (4) Council Member Mc Ginnis announced that the Third Ward Cleanup Day would be held on Saturday, May 1, 1999, at Nunez Park located off of 5th Street. He also thanked Jehue Middle School for the invitation to the naming of the school. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz announced that within two weeks construction of a water storm drain would commence on Central A venue which will eliminate the 6 4/5/1999 hazardous water within the area. He thanked Development Services Director Hays and Youn Kim, Civil Engineering Associate, for their assistance in this matter. ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin announced that the Soap Box Derby had its first rally on March 27 and 28 and the Soap Box Derby would take place in mid May at the Western Regional Little League Headquarters. He also stated that last week, the Newmark Little League had its opening ceremonies. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson thanked the residents of the Sixth Ward for their participation in the cleanup day held on March 27 and reviewed the events associated with such. She congratulated the citizens in the Delmann Heights and Anne Shirrell Park communities for the establishment of two neighborhood associations and acknowledged the collaborative efforts of the city and county in the creation of a child care model. Mrs. Anderson acknowledged that the month of April is "Child Abuse Month", and requested that the citizens wear a blue ribbon, drive with their headlights on and turn on their porch lights throughout the month of April. ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4) Council Member Miller acknowledged and expressed her appreciation for the cleanup services rendered by the San Gorgonio Neighborhood Association on Saturday, April 3, 1999. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada thanked Development Services Director Hays for addressing the traffic concerns around Victoria School. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles made the following announcements: 1. A city proclamation was issued and will be delivered to Rabbi Hillel Cohn declaring April 11-18 as "Annual Days of Remembrance of the Victims of the Holocaust." A national Day of Remembrance Ceremony will be held on April 13 in the rotunda of the United States Capitol. A moment of silence was observed in remembrance of the victims of the Holocaust and the ensuing war in Kosovow. 7 4/5/1999 2. The second quarterly publication of the News of the Citv will appear in the Sunday, April 11 edition of the San Bernardino County Sun newspaper. 3. A school bond election will take place on April 27. If Measure A is approved, the bonds will fund construction of a much needed high school, renovate school buildings and build two new elementary schools. 4. Sinfonica Mexicana is touring Southern California and will be in San Bernardino on April 11. ANNOUNCEMENTS - COUCIL MEMBER ANDERSON (4) Council Member Anderson announced that within the first week of May the grand opening for the Fiesta Market will take place. Council Member Devlin acknowledged and commended Council Member Anderson for the realization of the Fiesta Market being located in the city. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council, Community Development Commission, San Bernardino Joint Powers Financing Authority and San Bernardino Associated Communities Financing Authority be waived. COUNCIL MINUTES (6) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council and Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: January 11, 1999; January 25, 1999; March 17, 1999. CLAIMS & PAYROLL (7) Council Member Devlin 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 17, 1999, from Barbara Pachon, Director of Finance, be approved. 8 4/5/1999 PERSONNEL ACTIONS (8) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions as submitted by the Chief Examiner, dated March 30, 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-I043 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING FORTY-FIVE MILE PER HOUR SPEED LIMIT ON PINE AVENUE BETWEEN KENDALL DRIVE AND BELMONT AVENUE. (9) Council Member Devlin made a motion, seconded by Council Member Anderson, that said ordinance be adopted. Ordinance No. MC-1043 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. AUTHORIZE CONTRACT CHANGE ORDER NO. ONE - INSTALL SECURITY FENCE - COMPENSATE UTILITY DELAYS - RECONSTRUCT FOUR SEWER MANHOLES - LANDSCAPING - CDE RESOURCES, INC. - $6,643.16 (11) Michael E. Hays, Director of Development Services, submitted a staff report dated March 17, 1999, concerning Contract Change Order No. One with CDE Resources, Inc. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council approve Contract Change Order No. One to the contract with CDE Resources, Inc., for installation of a security fence adjacent to Inland Valley Development Agency property, compensation for utility delays, reconstruction of four sewer manholes, additional landscaping on the south side of Mill Street, and deletion of Contract Bid Item No. Eight for a total additional cost of $6,643.16, increasing the contract total from $683,671.28 to $690,314.44. APPROVE PLAN NO. 9949 - AUTHORIZE STAFF TO PROCEED - ALLEY VACATION - MOUNTAIN VIEW AVENUE & GENEVIEVE STREET - NORTH OF BASE LINE STREET (14) 9 4/5/1999 Michael E. Hays, Director of Development Services, submitted a staff report dated March 9, 1999, relative to an alley vacation located between Mountain View A venue and Genevieve Street, north of Base Line Street. Council Member Devlin 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 proposed vacation of an alley located between Mountain View A venue and Genevieve Street, north of Base Line Street; and that Plan No. 9949 showing the proposed vacation of an alley located between Mountain View Avenue and Genevieve Street, north of Base Line Street, be approved. RES. 1999-53 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A JOINT USE AGREEMENT WITH THE SOUTHERN CALIFORNIA EDISON COMPANY FOR THE RELOCATION OF TRANSMISSION POLES FROM PREVIOUSLY GRANTED RIGHTS-OF-WAY TO NEWLY EXTENDED RIGHT-OF- WAY IN THE SOUTH SIDE OF MILL STREET BETWEEN LENA ROAD AND TIPPECANOE AVENUE (DUE TO WIDENING OF MILL STREET). (16) RES. 1999-54 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO APPLY FOR AND ADMINISTER A GRANT IN THE AMOUNT OF $230,000 FROM USDA FOR THE ADMINISTRATION OF THE SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. (18) RES. 1999-55 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN CITY RECORDS OF THE PARKS, RECREATION AND COMMUNITY SERVICES PROGRAM. (19) RES. 1999-56 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO POLICE DEPARTMENT. (20) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolutions be adopted. 10 4/5/1999 Resolution Nos. 1999-53, 1999-54, 1999-55 and 1999-56 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. APPROVE CONTRACT CHANGE ORDER NOS. 9, 16 & 17 - $171,177.96 - MCM CONSTRUCTION, INC. - ORANGE SHOW ROAD EXTENSION, FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE - PLAN NO. 9142 (10) Michael E. Hays, Director of Development Services, submitted a staff report dated March 19, 1999, concerning Contract Change Order Nos. 9, 16 and 17 with MCM Construction, Inc. Council expressed concern regarding the issuance of change orders because the total contract price is increased. Development Services Director Hays answered questions regarding the need for the change orders and the bid process. COUNCIL MEMBER MILLER EXCUSED At 9:51 a.m., Council Member Miller left the council meeting. Council Member Devlin made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council approve Contract Change Order Nos. 9, 16 and 17 to the contract with MCM Construction, Inc., for installation of additional storm drain improvements and paving, to provide compensation for additional work performed in the placement of concrete piles for new bridges, and miscellaneous items of extra work at an additional cost of $171,177.96, increasing the contract total from $9,210,309.58 to $9,381,487.54. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AND SETTING FAIR MARKET VALUE AND SALES PRICE OF $1,500.00 AND DECLARING THE INTENTION OF THE CITY TO SELL PROPERTY LOCATED NORTH OF MILL STREET, EAST OF 1-215 FREEWAY AND WEST OF "G" STREET IN THE CITY OF SAN BERNARDINO TO ALL-PRO BROADCASTING, INCORPORATED, AND SETTING A PUBLIC HEARING TO CONSIDER SAID SALE. (13) Council recommended that the city reserve an easement for any future water projects. 11 4/5/1999 COUNCIL MEMBER MILLER RETURNED At 9:56 a.m., Council Member Miller returned to the council meeting and took her place at the council table. Council Member Schnetz made a motion, seconded by Council Member Anderson, that said resolution be adopted contingent upon the city looking into the possibility of reserving an easement for any future water projects. A discussion was held concerning the water rights associated with the sale of land. Council Member Devlin made a substitute motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council/Community Development Commission meeting of May 3, 1999. RES. 1999-57 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO H & H GENERAL CONTRACTORS, INSTALLATION OF TRAFFIC SIGNAL, CURB & GUTTER, SIDEWALK, AND OTHER CONCRETE CONSTRUCTION AT THE INTERSECTION OF WATERMAN AVENUE AND 28TH STREET PER PLAN NO. 9927. (12) Council commended staff for the commencement of the improvements. Council Member Anderson made a motion. seconded by Council Member Miller, that said resolution be adopted. Resolution No. 1999-57 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. APPROVE PLAN NO. 9942 - AUTHORIZE ADVERTISEMENT FOR BIDS - NEW RESTROOM - 9TH STREET PARK (15) Michael E. Hays, Director of Development Services, submitted a staff report dated March 23, 1999, concerning the construction of a new restroom at 9th Street park. Council expressed concern regarding the costs for the construction of the restroom facility. Annie Ramos, Director of Parks, Recreation and Community Services, answered questions concerning the vandalism experienced at 9th Street park. 12 4/5/1999 Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council approve Plan No. 9942 and authorize the Director of Development Services to advertise for bids for the construction of new restroom facilities at 9th Street park. RES. 1999-58 RESOLUTION OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 1999-40 AND AMENDING RESOLUTION 6413, SECTION THIRTEEN, TEMPORARY/PART-TIME EMPLOYEES, ENTITLED IN PART A "RESOLUTION... ESTABLISHING A BASIC COMPENSATION PLAN..." BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS. (17) Council inquired about the number of positions associated with the increase. Council Member Anderson made a motion. seconded by Council Member Estrada, that the following salary increases be approved: Headstart/Preschool positions, retroactive to September 1, 1998, Teacher/Director from $13 .10/hour to $13.62/hour; Teacher from $11.38/hour to $11.84/hour; Typist Clerk from $7.52/hour to $7.82/hour; and Teacher Aide from $7.52/hour to $7. 82/hour; that the Director of Human Resources be directed to update Resolution No. 6413, Section 13, to reflect this particular action; and that said resolution be adopted. The motion carried and Resolution No. 1999-58 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. RECEIVE & FILE - FISCAL YEAR 1997/98 - PRIMARY GOVERNMENT FINANCIAL REPORT (21) Barbara Pachon, Director of Finance, submitted a staff report dated March 22, 1999, concerning the fiscal year 1997/98 Primary Government Financial Report. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the final fiscal year 1997/98 Primary Government Financial Report be received and filed. DEPARTMENT USER FEES - UPDATE - ANIMAL CONTROL. CITY CLERK. CODE COMPLIANCE, DEVELOPMENT SERVICES, FIRE, PARKS, RECREATION & COMMUNITY SERVICES AND POLICE (22) Fred Wilson, City Administrator, submitted a staff report dated March 25, 1999, concerning department user fees. 13 4/5/1999 City Administrator Wilson explained the action taken to determine whether department user fees reflect actual costs. A discussion ensued regarding the need to address the social, industrial and business concerns of the city. Council Member Devlin made a motion, seconded by Council Member Anderson, that staff be directed to review the user fees listed in Attachment A of the staff report dated March 25, 1999, from City Administrator Fred Wilson, and make recommendations concerning appropriate fee updates. The motion carried by the following vote: Ayes: Council Members Estrada, Devlin, Anderson, Miller. Nays: Council Members Lien, McGinnis, Schnetz. Absent: None. DESIGNATE CITY REPRESENTATIVES - INLAND EMPIRE DIVISION - LEAGUE OF CALIFORNIA CITIES - COUNCIL MEMBERS McGINNIS AND ANDERSON (23) Rachel Clark, City Clerk, submitted a staff report dated March 30, 1999, concerning city representatives for the Inland Empire Division of the League of California Cities. Council Member Estrada made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Common Council designate Council Member McGinnis as the City of San Bernardino's representative at the meetings of the Inland Empire Division of the League of California Cities and designate Council Member Anderson as the alternate representative. RES. 1999-59 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD (CIWMB) REQUESTING TO JOIN THE RECYCLING MARKET DEVELOPMENT ZONE (RMDZ) PROGRAM THROUGH THE REDESIGNATION OF THE AGUA MANSA RMDZ. (24) Lynn Merrill, Director of Public Services, answered questions regarding the Recycling Market Development Zone Program, the costs associated with such, mandates on the reduction of waste and the recycling program. Council Member Anderson made a motion, seconded by Council Member Miller, that said resolution be adopted. 14 4/5/1999 Resolution No. 1999-59 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 1999-60 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING AN EMERGENCY PURCHASE ORDER TO FAIRVIEW FORD FOR FURNISHING AND DELIVERY OF THIRTY (30) 1999 FORD CROWN VICTORIA POLICE INTERCEPTORS TO BE UTILIZED BY THE POLICE DEPARTMENT OF THE CITY OF SAN BERNARDINO. (25) Public Services Director Merrill answered questions relative to the features of the vehicle. A discussion ensued concerning the need for the emergency purchase order and the ensuing financial crisis. Barbara Pachon, Director of Finance, answered questions regarding the allocation of funds. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 1999-60 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2086 ENTITLED, IN PART, "A RESOLUTION DESIGNATING CERTAIN STREET INTERSECTIONS WHERE A LEFT-TURN IS PROHIBITED..." AND PROVIDING THAT LEFT- TURNS ARE PROHIBITED AT THE INTERSECTION OF TIPPECANOE AVENUE AND ROSEWOOD DRIVE. (Continued from February 15, 1999) (27) City Attorney Penman read into the record a letter dated March 30, 1999, from Jack H. Rubens requesting a continuance. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter requesting authorization to prohibit all left-turn movements at the intersection of Tippecanoe Avenue and Rosewood Drive be continued to the Mayor and Common Council/Community Development 15 4/5/1999 Commission meeting of May 17, 1999, to allow time for the completion of the environmental review. INITIATE GENERAL PLAN & DEVELOPMENT CODE AMENDMENTS - PASEO LAS PLAClTAS SPECIFIC PLAN (28) Council Member Estrada submitted a staff report dated March 17, 1999, concerning the Paseo Las Placitas Specific Plan. Michael E. Hays, Director of Development Services, provided a synopsis of the establishment of the Paseo Las Placitas Specific Plan. A discussion ensued regarding the problems associated with the specific plan and the allocation of funds for the proposed amendment to the Paseo Las Placitas Specific Plan. Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Common Council direct planning staff to initiate amendments to the General Plan and Development Code related to the Paseo Las Placitas Specific Plan. RECESS MEETING At 10:50 a.m., Mayor Valles declared a 10-minute recess. RECONVENE MEETING At 11 :07 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call taken by Deputy City Clerk Hartzel with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller; Deputy City Attorney Empeno, Deputy City Clerk Hartzel, Development Services Director Hays. Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.08.055, 15.73.065 AND 19.30.320 AND ADDING SECTIONS 3.26.030(D) AND 3.38.040(D) TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DEFERRAL OF CERTAIN DEVELOPMENT FEES. (29A) 16 4/5/1999 ORD. MC-I044 - AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.08.055, 15.73.065 AND 19.30.320 AND ADDING SECTIONS 3.26.030(D) AND 3.38.040(D) TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DEFERRAL OF CERTAIN DEVELOPMENT FEES. (29B) Development Services Director Hays reviewed the fees associated with the deferral program. Deputy City Attorney Empeno answered questions regarding the collection of the deferred fees. A discussion was held relative to the development of homes and the costs associated with such. Council Member Schnetz made a motion, seconded by Council Member Devlin, that said ordinance be laid over for final adoption; and that said urgency ordinance be adopted. The motion carried and Ordinance No. MC-1044 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. DETERMINE - PUBLIC CONVENIENCE OR NECESSITY - TYPE 20 LIQUOR LICENSE - FIESTA MEXICANA MARKET - 1578 W. BASE LINE STREET (30) Michael E. Hays, Director of Development Services, submitted a staff report dated March 19, 1999, concerning a Type 20 Liquor License for the Fiesta Mexicana Market at 1578 W. Base Line Street. Director Hays answered questions relative to the proposed liquor license. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council determine that the public convenience or necessity is served and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 20 (off-site beer and wine) Liquor License for Fiesta Mexicana Market located at 1578 W. Base Line Street, subject to the Police Department's conditions of approval. DETERMINE - PUBLIC CONVENIENCE OR NECESSITY - TYPE 20 LIQUOR LICENSE - CHEVRON CONVENIENCE STORE - 4095 N. UNIVERSITY PARKWAY (31) 17 4/5/1999 Michael E. Hays, Director of Development Services, submitted a staff report dated March 19, 1999, concerning a Type 20 Liquor License for the Chevron convenience store at 4095 N. University Parkway. Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Common Council determine that the public convenience or necessity is served and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 20 (off-site beer and wine) Liquor License for the Chevron convenience store located at 4095 N. University Parkway, subject to the Police Department's conditions of approval. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 98-22 - ALCOHOLIC BEVERAGE CONTROL LICENSE - TYPE 40 - ALLOW BEER SALES AT AN EXISTING ARCADE - DETERMINE PUBLIC CONVENIENCE OR NECESSITY -- 1285 W. 5TH STREET (32) Michael E. Hays, Director of Development Services, submitted a staff report dated March 19, 1999, concerning Conditional Use Permit No. 98-22 to allow the sale of beer at an existing arcade located at 1285 W. 5th Street. Mayor Valles opened the hearing. There were no public comments. Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the hearing be closed; and that the Mayor and Common Council approve Conditional Use Permit No. 98-22, based on the findings of fact, subject to the conditions of approval and the standard requirements, and that a determination be made that the public convenience or necessity is served. RECESS MEETING At 11:20 a.m., Mayor Valles recessed the meeting to 12:00 p.m. for a luncheon workshop in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, to discuss the Business-Industry Growth Economic Development Strategy developed by the Business Advisory Council. RECONVENE MEETING At 12:01 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council/Community Development Commission in the Management Information Center to discuss the Business-Industry Growth (BIG) Economic Development Strategy. 18 4/5/1999 ROLL CALL Roll call was taken by Deputy City Clerk Hartzel with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, Deputy City Clerk Hartzel, City Administrator Wilson. Absent: None. LUNCHEON WORKSHOP - BUSINESS-INDUSTRY GROWTH ECONOMIC DEVELOPMENT STRATEGY (26) Fred Wilson, City Administrator, submitted a staff report dated March 29, 1999, outlining the draft Business-Industry Growth Strategy for the City of San Bernardino. Professor Lee Hanson, California State University, San Bernardino, reviewed the components of the draft Business-Industry Growth (BIG) Strategy developed by the Mayor's Business Advisory Council to promote the growth of production industry within the city. Professor Hanson and staff reviewed the following elements of the BIG Plan: Element 1: Element 2: Element 3: Element 4: Element 5: Element 6: Element 7: Business Community San Bernardino City Government Communication & Public Awareness Downtown Renewal & Promotion Housing Visual Appearance & Other Quality of Life Issues Higher Education: Universities & Community Colleges A discussion was held regarding the various aspects of the plan, and Professor Hanson and Mayor Valles answered questions regarding same. COUNCIL MEMBER MILLER EXCUSED At 1:00 p.m., Council Member Miller left the luncheon workshop. Council Member Anderson made a motion, seconded by Council Member Devlin, and unanimously carried, that the Business-Industry Growth (BIG) Economic Development Strategy developed by the Mayor's Business Advisory Council be adopted. ADJOURN LUNCHEON WORKSHOP At 1:15 p.m., the luncheon workshop adjourned to 2:00 p.m., in the Council Chambers of City Hall. 19 4/5/1999 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 Deputy City Clerk Hartzel with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman and Special Counsel Sabo, Deputy City Clerk Hartzel, Economic Development Agency Executive Director Van Osdel. Absent: Council Member McGinnis. RECESS MEETING - CLOSED SESSION - (Discussed earlier & later in the meeting - pages 1, 25 & 26) (I&SI) At 2:07 p.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 real property negotiator pursuant to Government Code Section 54956.8: Property Address: San Bernardino International Airport Authority property Negotiating Party: Mayor Valles on behalf of the City of San Bernardino Under Negotiation: Term sheet for lease/leaseback financing CLOSED SESSION At 2:07 p.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by Deputy City Clerk Hartzel with the following being present: Mayor Valles; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, Deputy City Clerk Hartzel, City Administrator Wilson. Absent: Council Member McGinnis. Also present: Senior Assistant City Attorney Carlyle and Administrative Operations Supervisor Anderson, City Attorney's Office; Special Counsel Sabo and Executive Director Van Osdel, Economic Development Agency; and Ken Button, O'Melveny & Myers, LLP, 400 S. Hope Street, Los Angeles, CA. 20 4/5/1999 COUNCIL MEMBER McGINNIS ARRIVED At 2: 17 p.m., Council Member McGinnis arrived at the closed session. ADJOURN CLOSED SESSION At 2:55 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 2:56 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by Deputy City Clerk Hartzel with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle and Special Counsel Sabo, Deputy City Clerk Hartzel, Economic Development Agency Executive Director Van Osdel. Absent: None. 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 2:56 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 HEARING - HEALTH CARE REVENUE BONDS - $9,000,000 - 1999 SERIES A TAX EXEMPT & 1999 SERIES B TAXABLE - ASSISTED LIVING FOUNDATION OF AMERICA - FULLERTON VILLAGE PROJECT - (Continued from March 15, 1999) (R33) 21 4/5/1999 RESOLUTION OF THE SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY AUTHORIZING THE SALE AND DELIVERY OF NOT TO EXCEED $9,000,000 AGGREGATE PRINCIPAL AMOUNT OF HEALTH CARE REVENUE BONDS (ASSISTED LIVING FOUNDATION OF AMERICA - FULLERTON VILLAGE PROJECT), 1999 SERIES A TAX EXEMPT AND 1999 SERIES B TAXABLE, AND APPROVING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH. (Continued from March 15, 1999) (R33) Note: Backup material was not distributed and will not be available for reference. Council Member Anderson made a motion. seconded by Council Member Miller, and unanimously carried, that the matter be tabled. AUTHORIZE LOAN GUARANTEE - CENTER CHEVROLET - $660,250 - CITIZEN'S BUSINESS BANK (R34) Ronald E. Winkler, Director of Development, submitted a staff report dated March 18, 1999, concerning a loan guarantee for Center Chevrolet. Senior Assistant City Attorney Carlyle stated that because of a possible conflict of interest, the staff report had been reviewed by Mr. Sabo's Office. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Community Development Commission authorize execution of the loan guarantees with Center Chevrolet and related documents by the Executive Director of the Economic Development Agency. APPROVE IN CONCEPT - SENIOR HOUSING DEVELOPMENT - AGENCY-OWNED PROPERTY - SET PUBLIC HEARING - PURCHASE OPTION AGREEMENT - COOPERATIVE SERVICES, INC. - NORTHWEST PROJECT AREA (R35) Maggie Pacheco, Director of Housing and Community Development, submitted a staff report dated March 29, 1999, concerning a proposed senior housing development on agency-owned property. A discussion was held concerning the ability to regain the funds invested by the agency. 22 4/5/1999 Council Member Miller made a motion, seconded by Council Member Anderson, and unanimously carried, that the Community Development Commission: (1) approve the concept of developing senior housing on the five and one-half (5 1/2) acre site (APN #143-171-27) owned by the agency, located on Base Line east of Medical Center Drive; and (2) set a public hearing to consider a proposed purchase option agreement by and between the Agency and Cooperative Services, Inc., (Northwest Project Area). RES. CDC/1999-9 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING THAT CERTAIN EXCHANGE AGREEMENT WITH THE DEPARTMENT OF GENERAL SERVICES AND THAT CERTAIN PUCHASE AND SALE AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION. (R36A) RES. CDC/1999-10 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING A CERTAIN LOAN AGREEMENT AND DOCUMENTS RELATED THERETO IN CONNECTION WITH THE ISSUANCE OF CERTAIN TAX ALLOCATION BONDS BY THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY. (R36B) RES. J-46 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED IN AGGREGATE $5,000,000 TAX ALLOCATION BONDS (20% SET ASIDE) SERIES 1999 APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (R36C) RES. 1999-61 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE TRANSFER OF CERTAIN PROPERTY LOCATED AT 9TH AND DEL ROSA STREETS, THE SALE OF THE BICE AND GLAZIERS FUND PROPERTIES AND THE AMENDMENT OF THE FELDKAMP SETTLEMENT AGREEMENT _ (R36D) 23 4/5/1999 RES. 1999-62 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ISSUANCE OF CERTAIN TAX ALLOCATION BONDS BY THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AND AUTHORIZING A CERTAIN LOAN AGREEMENT AND CERTAIN DOCUMENTS RELATED THERETO. (R36E) Special Counsel Sabo provided a synopsis of the action taken relative to the properties located at 9th Street and Del Rosa A venue and 3'd Street and the elimination of Community Facilities District (CFD) No. 995. Council Member Schnetz announced that he would be abstaining from the vote on Item No. R36B. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. CDC/1999-9, J-46, 1999-61 and 1999-62 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None. Resolution No. CDC/1999-1O was adopted by the following Council Members Estrada, Lien, McGinnis, Devlin, Anderson, Miller. Abstain: Council Member Schnetz. Absent: None. vote: Ayes: Nays: None. PUBLIC COMMENTS - HOWARD LITTLEFIELD (37) Howard Littlefield, 758 W. 24th Street, San Bernardino, CA, submitted two documents; a letter dated April 5, 1999, concerning a Community Emergency Action Plan Proposal and a Y2K Citizen's Action Guide. He also spoke on the importance of emergency preparedness. SENIOR ASSIST ANT CITY A TTORNEY CARLYLE EXCUSED At 3:22 p.m., Senior Assistant City Attorney Carlyle left the council meeting and was replaced by City Attorney Penman. PUBLIC COMMENTS - JOHN JENSEN (37) John Jensen, 444 Athol Street, San Bernardino, CA, questioned whether the Aliens met the conditions of approval for the property located at 206 South "D" Street. Mayor Valles instructed staff to notify Mr. Jensen when the property located at 206 South "D" Street would be discussed. 24 4/5/1999 PUBLIC COMMENTS - JAY LINDBERG (37) Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, commented on his claim that the police department did not adequately investigate his concerns and submitted documents concerning the claim. PUBLIC COMMENTS - ROBERT NEVES (37) Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, expressed concern that the Orange Show Road extension was not completed in accordance to the regulations noted in the Americans with Disabilities Act. RECESS MEETING At 3:35 p.m., Mayor Valles recessed the meeting to 4:35 p.m., in the Council Chambers of City Hall. RECONVENE MEETING At 4:40 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call was taken by Deputy City Clerk Hartzel with the following being present: Mayor Valles; Council Members Estrada, McGinnis, Schnetz, Devlin, Anderson, Miller; City Attorney Penman; Deputy City Clerk Hartzel; City Administrator Wilson. Absent: Council Member Lien. RECESS MEETING - CLOSED SESSION - (Discussed earlier and later in the meeting - pages 1, 20 & 26) (I&SI) At 4:40 p.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 real property negotiator pursuant to Government Code Section 54956.8: Property Address: San Bernardino International Airport Authority property Negotiating Party: Mayor Valles on behalf of the City of San Bernardino Under Negotiation: Term sheet for lease/leaseback financing 25 4/5/1999 CLOSED SESSION At 4:40 p.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by Deputy City Clerk Hartzel with the following being present: Mayor Valles; Council Members Estrada, McGinnis, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, Deputy City Clerk Hartzel, City Administrator Wilson. Absent: Council Member Lien. Also present: Senior Assistant City Attorney Carlyle and Administrative Operations Supervisor Anderson, City Attorney's Office; Special Counsel Sabo and Executive Director Van Osdel, Economic Development Agency; and Ken Button, O'Melveny & Myers, LLP, 400 S. Hope Street, Los Angeles, CA. ADJOURN CLOSED SESSION At 5:28 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 5:29 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by Deputy City Clerk Hartzel with the following being present: Mayor Valles; Council Members Estrada, McGinnis, Schnetz, Devlin, Anderson, Miller; City Attorney Penman and Special Counsel Sabo, Deputy City Clerk Hartzel, City Administrator Wilson. Absent: Council Member Lien. CLOSED SESSION ANNOUNCEMENTS - (Discussed earlier in the meeting - pages 1, 20 & 25) (I&SI) City Attorney Penman announced that in closed session, the Mayor and Council unanimously voted to waive any conflict with the law firm of Sabo & Green which represents the San Bernardino International Airport Authority; and to waive any conflict with the law firm of O'Melveny & Myers, LLP. (Absent: Council Member Lien.) 26 4/5/1999 RES. 1999-63 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING CERTAIN TERMS AND CONDITIONS AND AUTHORIZING THE PAYMENT OF FINANCING COSTS IN CONNECTION WITH THE LEASE/LEASEBACK FINANCING FOR THE SAN BERNARDINO INTERNATIONAL AIRPORT (SBIAA FINANCING). (S2) City Attorney Penman stated that the City Attorney's Office signed off on the original resolution; however, they are approving the legal form of content only. Approval of said resolution acknowledges that it is currently legal as written under current federal regulations and legislation; however, new legislation and or new federal regulations could be enacted in the future which could change the legality of the documents and such legislation could be retroactive. Council Member Devlin made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 1999-63 was adopted by the following vote: Ayes: Members Estrada, Schnetz, Devlin, Anderson, Miller. Nays: None. Council Member McGinnis. Absent: Council Member Lien. Council Abstain: ADJOURNMENT (38) At 5:32 p.m., the meeting adjourned. The next regular meeting of the Mayor and Common Council and Community Development Commission will be held on Monday, April 19, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk / /v / By 4~~~~'-n S zanna Cor ova / eputy City Clerk No. of Items: 40 No. of Hours: 8 27 4/5/1999