HomeMy WebLinkAbout05-17-1999 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MAY 17, 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 8:01 a.m., Monday, May 17, 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 McGinnis, Devlin, Anderson, Miller; Senior
Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent:
Council Members Estrada, Lien, Schnetz.
RECESS MEETING - CLOSED SESSION (Discussed later in the
meeting - page 8) (1)
At 8:01 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):
Juan Morales vs. Civil Service Board of the Citv of San Bernardino -
San Bernardino Superior Court Case No. SCV 43650;
Kenneth J. Henderson. et al. vs. Economic Develooment Agencv of the
Citv of San Bernardino. et al. - Fourth Appellate District Court of
Appeal Case No. E021852 (San Bernardino Superior Court Case No.
SCV 16489);
Manta Management Corp. vs. Citv of San Bernardino - Court of Appeal
Case No. EOl9635 (Superior Court Case No. SCV 19157);
Cesar Colmenero. et al. vs. Citv of San Bernardino, et al. - San
Bernardino Superior Court Case No. FOCI 50336;
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5/17/1999
Shirlev Goodwin vs. Citv of San Bernardino, et al. - United States
District Court Case No. EDCV 98-66 RT (V APx);
Hector L. Serrano. et al. vs. Citv of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 46669;
Vern Devore vs. Citv of San Bernardino - Worker's Compensation
Appeals Board Case Nos. SBR 0282060; SBR 0282323; SBR 0286018;
and SBR 0287347.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation pursuant to suhdivision (b)(I); 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. 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:
Agencv Negotiator:
Fred Wilson, City Administrator
Emolovee Organization:
Fire Management
Agencv Negotiator:
Ed Raya, Director of Human Resources
Emolovee Organization:
San Bernardino City Professional Firefighters, Local 891
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5/17/1999
CLOSED SESSION
At 8:01 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
Mayor Valles; Council Members McGinnis, Devlin, Anderson, Miller;
Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson.
Council Members Estrada, Lien, Schnetz.
present:
Senior
Absent:
Also present: Senior Assistant City Attorney Simmons, Deputy City Attorneys
Easland and Murad, and Administrative Operations Supervisor Anderson, City
Attorney's Office; Ed Raya, Director of Human Resources; and Attorney John Kuntz
of Bolson, Kuntz & Serembe, 600 North Arrowhead Avenue, San Bernardino,
California.
COUNCIL MEMBERS ESTRADA & SCHNETZ ARRIVED
At 8:07 a.m., Council Members Estrada and Schnetz arrived at the closed
session.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Hartzel 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 Associated Communities
Financing Authority while the Mayor and Council and Community Development
Commission were in closed session.
DIRECTOR OF HUMAN RESOURCES RAYA & ATTORNEY
KUNTZ EXCUSED
At 8:08 a.m., Director of Human Resources Raya and Attorney Kuntz left the
closed session.
COUNCIL MEMBER LIEN ARRIVED
At 8:08 a.m., Council Member Lien arrived at the closed session.
CITY ATTORNEY PENMAN ARRIVED
At 8:12 a.m., City Attorney Penman arrived at the closed session.
DEPUTY CITY ATTORNEY EASLAND EXCUSED
At 8: 13 a.m., Deputy City Attorney Easland left the closed session.
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DIRECTOR OF FINANCE PACHON ARRIVED & DIRECTOR OF HUMAN
RESOURCES RAYA RETURNED
At 8:21 a.m., Director of Finance Pachon arrived and Director of Human
Resources Raya returned to the closed session.
DEPUTY CITY ATTORNEY MURAD EXCUSED
At 8:22 a.m., Deputy City Attorney Murad left the closed session.
ADJOURN CLOSED SESSION
At 8:41 a.m., the closed session adjourned to 9:00 a.m. in the Council
Chambers of City Hall.
RECONVENE MEETING
At 9:04 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, Devlin, Anderson,
Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent:
None.
INVOCATION
The invocation was given by Father Ray Rosales of Our Lady of Guadalupe
Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Miller.
APPOINTMENTS - MOBILE HOME BOARD - BOARD OF POLICE
COMMISSIONERS - MAYOR V ALLES & COUNCIL MEMBER
McGINNIS (2)
Mayor Valles submitted staff reports dated May 11, 1999, recommending the
appointments of Jerry E. Miller to the Mobile Home Board and John S. Ballard to the
Board of Police Commissioners, as requested by herself and Council Member
McGinnis, respectively.
Council Member Miller made a motion, seconded by Council Member
Anderson, and unanimously carried, that the appointments of Jerry E. Miller to the
Mobile Home Board and John S. Ballard to the Board of Police Commissioners, as
requested by Mayor Valles and Council Member McGinnis, be approved.
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5/1711999
POSTHUMOUS RECOGNITION - RUDY SALCEDO
(3)
Teri Rubi, Executive Assistant to the Mayor, read a resolution posthumously
commending Rudy Salcedo for his wonderful deeds and accomplishments in working
with the young people of San Bernardino.
The resolution was accepted by his widow, Janice Salcedo, and other members
of the Salcedo family.
SERVICE PIN AWARDS
(3)
Teri Rubi, Executive Assistant to the Mayor, read the names of the following
employees who received a service pin award in recognition of their many years of
dedicated service to the City:
Name
Miguel Castro
Larry Husted
William Keith
Marilyn Crabtree
Tom Boggs
Deoartment
Facilities Management
Fire
Fire
Library
Parks, Recreation & Community
Services
Parks, Recreation & Community
Services
Police
Police
Police
Police
San Bernardino Employment &
Training Agency
Ed Yelton
William Mitchell
Kevin Savage
Daniel Schmitz
Brian Smith
Charlene Gallagher
Years of Service
25-year pin
20-year pin
JO-year pin
10-year pin
20-year pin
JO-year pin
5-year pin
5-year pin
5-year pin
15-year pin
20-year pin
Each employee received a service pin presented by Mayor Valles.
SPECIAL RECOGNITION - FATHER RAY ROSALES (3)
Mayor Valles stated that Father Ray Rosales, who has served in San Bernardino
for 12 years, would soon be leaving the city. She announced that her office would be
preparing a resolution to be presented to Father Rosales on behalf of the members of
the City Council, the City of San Bernardino, the members of the West Side, and the
Parroquia of Our Lady of Guadalupe at the June 21 meeting of the Mayor and Common
Council.
Council Member Estrada, a member of Our Lady of Guadalupe Church,
thanked Father Rosales for all his efforts and hard work in the community.
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5/1711999
ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4)
Council Member Anderson announced that Links, Inc., of which she is a co-
founder, had presented $13,000 in scholarships to deserving high school seniors in the
Inland Empire. She noted that 60 of the 74 applicants had a 3.6 grade point average or
better. She also announced that she had just returned from a Pacifica Synod Assembly
where the delegates passed a resolution for Jubilee 2000, as denoted in Leviticus 25, to
forgive loans made to Third World countries in the amount of $4 million.
Mrs. Anderson announced that May 29 would be a clean-up day in the Sixth
Ward at the Delmann Heights Center. She also noted that the Sixth Ward is trying to
re-activate the City Athletic Club Little League in the Sixth Ward, and there is a great
need for coaches, supervision, and parent participation. She asked that anyone willing
to make a one- to five-year commitment to this endeavor to call her at 384-5378.
ANNOUNCEMENTS - COUNCIL MEMBER LIEN
(4)
Council Member Lien stated that she had spent 24 hours with the American
Cancer Society at San Gorgonio High School, where I I teams had participated in a
walk/run and raised over $27,000 for cancer research. She presented Mayor Valles
with at-shirt for her participation in the event.
ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4)
Council Member McGinnis thanked Garner Holt and Bob Botts for inviting him
to tour Garner Holt Productions; congratulated all the recipients of the "Officer of the
Year" awards; and announced that there would be a Third Ward clean-up/dump day on
July 7, and if anyone was interested in sponsoring the dump day they should call Nick
Gonzalez of the Mayor's Office at 384-5133.
ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4)
Council Member Schnetz stated that the storm drain project at Central A venue
was 95 percent complete, and expressed his thanks to the Engineering Division and
City Administrator Wilson for their help with this project. He expressed special thanks
to San Manuel for paying for one-half of the cost of this project. Mr. Schnetz also
announced that he had participated in the National Teacher's Association Success Day,
where he was one of eight people who graduated from San Bernardino schools to speak
to the students about their plans for the future.
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5/1711999
ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4)
Council Member Estrada announced that there would be another clean-up day in
the First Ward on June 12. She added that a site had not yet been designated; however,
she would keep residents informed. Ms. Estrada also advised that the former Court
Street Bar and Grill was open under new ownership-~Carlos O'Brien's--and welcomed
them to San Bernardino. She also extended condolences to the families of the two
young girls who were hit by an oncoming vehicle as they crossed the street after exiting
the bus this past weekend.
ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4)
Council Member Devlin announced to those residents living in the Mello Roos
District in the Fifth Ward that there would be a bond retirement party at Mr. Sabo's
office in Calabasas later this week, and thanked Mr. Wilson and Mr. Penman for their
efforts in bringing this to fulfillment. He also announced that the bridge work at
Kendall and Kendall Creek is progressing very well; that there would be a clean-up day
on Saturday, May 22, at the parking lot of Cajon High School; and that he had served
with other City individuals in helping with the Soap Box Derby, which was now the
largest Soap Box Derby event on the west coast.
ANNOUNCEMENTS - MA YOR VALLES
(4)
Mayor Valles thanked the Council Members for everything they do, in addition
to their Council duties, to make San Bernardino a better community.
She noted that the crime rate in both San Bernardino and Riverside Counties had
declined by 15 percent, which is twice the national average; and introduced Officer Jeff
Harvey, who was one of the recipients of an Officer of the Year award.
The Mayor announced that prior to today's meeting, she and the Council had
participated in a flag raising ceremony commemorating the 185th anniversary of the
signing of the Norweigian Constitution, and that this was the 17th year that the Sons of
Norway have raised their flag outside of City Hall.
She thanked the Business Press for featuring the city of San Bernardino in their
April 26 edition, in addition to putting San Bernardino on the cover of their publication.
The Mayor thanked several members of the community who were also featured or
helped with the article and cover photo.
Mayor Valles noted that For You Magazine, a professional women's
publication, had featured the City's Child Care Summit that was held last fall; and
noted that the collaborative nonprofit organizations involved in the summit submitted an
unprecedented joint grant proposal which resulted in an award of $1.2 million. She
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advised that the next Child Care Summit would be held in late July and thanked Cherie
Arnold, publisher of For You Magazine, for helping to raise awareness of the child
care needs within the city.
The Mayor announced that the City Library is orgamzmg an event called
"Shades of San Bernardino" that would help to capture and document the daily lives of
San Bernardino's diverse communities. On Saturday, June 19, from 10:00 a.m. to 4:00
p.m" at Feldheym Central Library located at Sixth and E Streets, a professional
photographer would be available to make two copies of residents' original photos, with
the original photos returned to their owners that day, and the copies to be used in the
Library's display.
She also announced that as part of the public's participation process for
development of San Bernardino's water resources (the lake project), Al Groves, who is
a principal for Urban Spaces, had recommended that an advisory committee be formed.
This committee would be in addition to the Economic Development Agency, the Inland
Valley Development Agency, the San Bernardino Valley Municipal Water District, the
City of San Bernardino Municipal Water Department. County Flood Control and other
public agency representatives. Therefore, she was asking each Council Member to
appoint one representative from their respective wards to attend a preliminary meeting
and to provide input.
CLOSED SESSION ANNOUNCEMENT (Discussed earlier in the
meeting - page 1) (1)
City Attorney Penman advised that the following case had been discussed at the
meeting of May 3, 1999, in closed session:
Shirley Goodwin vs. Citv of San Bernardino et al. - United States District Court
Case No. EDCV 98-66 RT (V APx).
ANNOUNCEMENTS - CITY ATTORNEY PENMAN
(4)
City Attorney Penman commended Council Member Anderson on the Links
Program and stated that the Soap Box Derby was indeed an excellent event.
ANNOUNCEMENTS - CITY CLERK CLARK
(4)
City Clerk Clark announced that beginning with the next Council meeting, the
City Clerk's Office would be sending the agenda electronically to various individuals/
organizations.
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5/17/1999
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES
(5)
Council Member Devlin made a motion, seconded by Council Member Miller,
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
(6)
Council Member Devlin made a motion, seconded by Council Member Miller,
and unanimously carried, that the minutes of the following meeting of the Mayor and
Common Council/Community Development Commission of the City of San Bernardino
be approved as submitted in typewritten form: March 1, 1999.
CLAIMS & PAYROLL
(7)
Council Member Devlin made a motion, seconded by Council Member Miller,
and unanimously carried, that the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated May 4, 1999, from Barbara Pachon,
Director of Finance, be waived.
PERSONNEL ACTIONS
(8)
Council Member Devlin made a motion, seconded by Council Member Miller,
and unanimously carried, that the personnel actions as submitted by the Chief
Examiner, dated May 12, 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.
RES. 1999-82 - RESOLUTION AUTHORIZING SUBMITTAL OF A
GRANT APPLICATION FOR FINANCIAL ASSISTANCE FROM
THE GREAT AMERICAN STATION FOUNDATION FOR THE
PURPOSE OF SANTA FE DEPOT RESTORATION. (9)
Council Member Devlin made a motion, seconded by Council Member Miller,
that said resolution be adopted.
Resolution No. 1999-82 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None.
Absent: None.
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5/17/1999
SET DATES & TIMES - CITY & ECONOMIC DEVELOPMENT
AGENCY BUDGET DELIBERATIONS - FISCAL YEAR 1999-2000
(10)
City Administrator Wilson submitted a staff report dated May 6, 1999,
regarding the establishment of dates and times for budget deliberations for fiscal year
1999-2000 for the City and Economic Development Agency.
Council Member Lien requested that the budget backup materials be given to the
Council on the Monday preceding the budget meetings to allow time for study and
revtew.
Council Member Devlin made a motion, seconded by Council Member Miller,
and unanimously carried, that the following dates and times be established for budget
deliberations in the Economic Development Agency Board Room:
Wednesday, June 9, 4:00 p.m.
Wednesday, June 16, 4:00 p.m.
Wednesday, June 23, 4:00 p.m.
Wednesday, June 30, 4:00 p.m.
RES. 1999-83 RESOLUTION OF THE CITY OF SAN
BERNARDINO DECLARING ITS INTENTION TO ORDER THE
VACATION OF A PORTION OF FLORES STREET, 10th STREET
AND PENNSYLVANIA A VENUE SOUTH OF BASE LINE STREET.
(12)
RES. 1999-84 - RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION
TRACT NO. 15743 LOCATED ON THE SOUTHWEST CORNER OF
WASHINGTON AVENUE AND PALM 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.
(15)
Council Member Devlin made a motion, seconded by Council Member
Miller, that said resolutions be adopted.
Resolution Nos. 1999-83 and 1999-84 were adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGitmis, Schnetz, Devlin,
Anderson, Miller. Nays: None. Absent: None.
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RES. 1999-85 - RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING A BUDGET AMENDMENT TO
TRANSFER FUNDS FROM THE POLICE DEPARTMENT'S
BACKGROUND INVESTIGATIONS ACCOllNT TO INCREASE THE
PURCAHSE ORDER FOR BALLISTIC VESTS IN THE MATERIALS
AND SUPPLIES ACCOUNT. (17)
Council Member Devlin made a motion, seconded by Council Member Miller,
that the Mayor and Common Council approve the Police Department's request for a
budget transfer/amendment in the amount of $20,900 from Account #001-224-5505 to
Account #001-224-5111; and that the Mayor and Common Council approve the
increase to the current Purchase Order #99285 I from $20,000 to $40,900 to cover the
costs of replacing expired ballistic vests for police officers; and that said resolution be
adopted.
The motion carried, and Resolution No. 1999-85 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson,
Miller. Nays: None. Absent: None.
RES. 1999-86 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING
RESOLUTION NO. 98-195 AND ESTABLISHING STANDARD
CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR
THE CITY OF SAN BERNARDINO. (Discussed later in the meeting
- page 25) (18)
Council Member Devlin made a motion, seconded by Council Member Miller,
that said resolution be adopted.
Resolution No. 1999-86 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None.
Absent: None.
AUTHORIZE PURCHASING MANAGER TO ADVERTISE -
REQUEST FOR PROPOSAL - FLEET OPERATIONAL EFFICIENCY
REVIEW (19)
Lynn Merrill, Director of Public Services, submitted a staff report dated May 4,
1999, requesting that the purchasing manager be authorized to advertise for a Request
for Proposal for a Fleet Operational Efficiency Review.
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Council Member Devlin made a motion, seconded by Council Member Miller,
and unanimously carried, that the Purchasing Manager be authorized to advertise for a
Request for Proposal for a Fleet Operational Efficiency Review.
RES. 1999-87 - RESOLUTION OF THE CITY OF SAN
BERNARDINO TO CORRECT DOLLAR AMOUNTS IN SECTIONS
3 AND 8 OF RESOLUTION 99-73, AWARDING INCREASES TO
ANNUAL PURCHASE ORDERS PROVIDING MAINTENANCE
MATERIALS, PARTS AND SERVICES TO BE UTILIZED BY THE
FLEET DIVISION OF THE PUBLIC SERVICES DEPARTMENT OF
THE CITY OF SAN BERNARDINO. (20)
Council Member Devlin made a motion, seconded by Council Member Miller,
that said resolution be adopted.
Resolution No. 1999-87 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None.
Absent: None.
RES. 1999-88 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED,
IN PART, "A RESOLUTION. . . ESTABLISHING PARKING TIME
LIMITATIONS UPON CERTAIN DESIGNATED STREETS,
ALLEYS, OR PORTIONS THEREOF. . ."; AND AUTHORIZING
THE CHANGE OF THE ONE-HOUR PARKING LIMITATION TO A
TWO-HOUR PARKING LIMITATION ON THE NORTH SIDE OF
COURT STREET BETWEEN "E" STREET AND "D" STREET.
(11)
Council Member Lien inquired as to the criteria used to determine who
pays when changes such as this are made.
Development Director Hays advised that it is usually paid by the private
business requesting the change.
Council Member Anderson made a motion. seconded by Council Member
Devlin, that said resolution be adopted.
Resolution No. 1999-88 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None.
Absent: None.
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5/17/1999
APPROVE PLAN NO. 9964 - AUTHORIZE ADVERTISEMENT FOR
BIDS - SLURRY SEAL - VARIOUS STREETS - PHASE VII - AREAS
"A" & "J" (13)
Michael E. Hays, Director of Development Services, submitted a staff report
dated May 5, 1999, regarding approval of plans and authorization to advertise for bids
for slurry sealing of various streets (Phase VII) in Areas" A" and" J" in the city.
Director Hays answered questions regarding costs and miles covered usmg
slurry seal versus asphalt paving.
Council Member Devlin made a motion, seconded by Council Member
Anderson, and unanimously carried, that Plan No. 9964 for slurry seal of various
streets, Phase VII, Areas "A" and "J", be approved; and that the Director of
Development Services be authorized to advertise for bids.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
THE FINAL MAP FOR SUBDIVISION TRACT NO. 14112,
LOCATED NORTHWESTERLY OF THE INTERSECTION OF
FOOTHILL DRIVE AND STERLING AVENUE, ACCEPTING THE
PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND
AUTHORIZING THE EXECUTION OF THE STANDARD FORM OF
AGREEMENT FOR THE IMPROVEMENTS IN SAID
SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
(14)
Note: No resolution was submitted with the backup material and,
therefore, will not be available for review.
Council Member Devlin made a motion, seconded by Council Member Schnetz,
and unanimously carried, that the matter be continued to the Mayor and Common
Council meeting of August 16, 1999.
RES. 1999-89 - RESOLUTION AUTHORIZING AND APPROVING
THE BORROWING OF FUNDS FOR FISCAL YEAR 1999-2000; THE
ISSUANCE AND SALE OF A 1999-2000 TAX AND REVENUE
ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE
CALIFORNIA COMMUNITIES CASH FLOW FINANCING
PROGRAM. (16)
City Administrator Wilson answered questions regarding the Pooled Tax and
Revenue Anticipation Note (TRAN) , stating that it is basically an investment vehicle
and the money would be invested for a full year.
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5/17/1999
Council Member Anderson made a motion, seconded by Council Member
Estrada, that said resolution be adopted.
Resolution No. 1999-89 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None.
Absent: None.
PUBLIC HEARING - ADOPT 1998 CALIFORNIA BUILDING
STANDARDS CODE & AMENDMENTS (Continued from May 3,
1999) (21)
Mayor Valles opened the hearing.
No public comments were received.
Council Member Schnetz thanked Joe Lease, Development Services
Department, and Dan Dickerson, Fire Department, for their hard work and
explanations of the specific codes that were being amended and implemented.
ORD. MC-I047 - AN ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING SECTIONS 15.04.020, 15.04.080B2,
15.JO.040B AND ADDING SECTION 15.04.055 OF THE SAN
BERNARDINO MUNICIPAL CODE AND ADOPTING BY
REFERENCE THE 1998 EDITION OF THE CALIFORNIA
BUILDING STANDARDS CODE, KNOWN AS THE CALIFORNIA
CODE OF REGULATIONS, TITLE 24, (CCR, T-24)
INCORPORATING THE UNIFORM BUILDING CODE, 1997
EDITION, THE UNIFORM MECHANICAL CODE, 1997 EDITION,
THE UNIFORM PLUMBING CODE, 1997 EDITION, THE
NATIONAL ELECTRICAL CODE, 1996 EDITION; AND
ADOPTING THE UNIFORM HOUSING CODE, 1997 EDITION, THE
UNIFORM ADMINISTRATION CODE, 1997 EDITION, THE
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS, 1997 EDITION, AND AMENDING THOSE
CALIFORNIA BUILDING STANDARDS AS IDENTIFIED HEREIN,
THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY.
Final (21)
Council Member Miller made a motion, seconded by Council Member
Anderson, that the hearing be closed; and that said ordinance be adopted.
The motion carried, and Ordinance No. MC-1047 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson,
Miller. Nays: None. Absent: None.
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5/17/1999
PUBLIC HEARING - ADOPT 1997 UNIFORM FIRE CODE
(Continued from May 3, 1999) (22)
Mayor Valles opened the hearing.
No public comments were received.
ORD. MC-I048 - ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING CHAPTER 15.16 OF THE SAN
BERNARDINO MUNICIPAL CODE AND ADOPTING THE
CALIFORNIA FIRE CODE (1998), WITH APPENDICES, AND
INCORPORATING BY REFERENCE THE 1997 EDITION OF THE
UNIFORM FIRE CODE OF THE INTERNATIONAL FIRE CODE
INSTITUTE WITH NECESSARY CALIFORNIA AMENDMENTS,
TOGETHER WITH CALIFORNIA CODE OF REGULATIONS,
TITLE 24, AND THE UNIFORM FIRE CODE STANDARDS (1997).
(Continued from May 3, 1999) (22)
Council Member Miller made a motion, seconded by Council Member Schnetz,
that the hearing be closed; and that said ordinance be adopted.
The motion carried, and Ordinance No. MC-I048 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson,
Miller. Nays: None. Absent: None.
COUNCIL MEMBER ESTRADA EXCUSED
At 10:09 a.m., Council Member Estrada declared a conflict of interest and left
the Council meeting, stating that her employer's building would be affected by any
retrofitting requirements.
COUNCIL MEMBER SCHNETZ EXCUSED
At 10:09 a.m., Council Member Schnetz declared a conflict of interest and left
the Council meeting, stating that he owns an unreinforced masonry building.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 15.12.100, 15.12,110, AND 15.12.120 OF THE SAN
BERNARDINO MUNICIPAL CODE EXTENDING THE TIME
LIMITS FOR RETROFITTING UNREIN FORCED MASONRY
BUILDINGS; AND AMENDING SECTION 15.12.140
ESTABLISHING THE PENALTY FOR NONCOMPLIANCE.
First (23A)
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5/17/1999
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SECTION 15.12.005 TO THE SAN BERNARDINO MUNICIPAL
CODE CHANGING THE TIME LIMITS FOR RETROFITTING
UNREINFORCED MASONRY BUILDINGS FROM MANDATORY
TO PERMISSIVE; AND AMENDING SECTION 15.12.140
ESTABLISHING THE PENALTY FOR NONCOMPLIANCE.
First (23B)
The Council noted that the retrofitting requirements have been extended in the
past and questioned what the owners have been doing to comply with the current
requirements and whether the City would be liable in the event of an earthquake.
City Attorney Penman pointed out that there were two ordinances being
proposed for consideration by the Council--the first would extend the time limits for
retrofitting, while the second would change the retrofitting requirements from
mandatory to permissive. He noted that either way, the owners would still be required
to post their buildings. He explained that the cost to retrofit is prohibitive, and most
businesses would have to close if they were required to do this work. Insofar as the
City's liability is concerned, he pointed out that the City has surveyed the various
buildings as required by state law and does have sovereign immunity from any liability.
Council Member McGinnis made a motion, seconded by Council Member
Miller, that Ordinance 23A. (extending the time limits) be laid over for final adoption.
The motion carried by the following vote: Ayes:
McGinnis, Anderson, Miller. Nays: None. Abstain:
Absent: Council Members Estrada, Schnetz.
Council Members Lien,
Council Member Devlin.
COUNCIL MEMBER ESTRADA RETURNED
At 10:17 a.m., Council Member Estrada returned to the Council meeting and
took her place at the Council table.
AUTHORIZE CITY ATTORNEY - JOIN AMICUS BRIEF - PAUL
HAGGIS VS CITY OF LOS ANGELES (24)
City Attorney Penman submitted a staff report dated May 5, 1999, regarding
joining in the amicus brief in support of the City of Los Angeles as requested by the
League of California Cities' Legal Advocacy Committee.
City Attorney Penman explained the salient points of Paul Haggis vs. City of
Los Angeles and the reasons to join in the amicus brief in support of the City of Los
Angeles.
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511711999
COUNCIL MEMBER SCHNETZ RETURNED
At 10: 19 a.m., Council Member Schnetz returned to the Council meeting and
took his place at the Council table.
Council Member Miller made a motion, seconded by Council Member Devlin,
and unanimously carried, that the City of San Bernardino join in the amicus brief in
support of the City of Los Angeles and that the City Attorney be authorized to execute
the authorization to do so.
REQUEST TO AMEND DEVELOPMENT CODE - CONVENIENCE
STORES - COUNCIL MEMBER LIEN (25)
Council Member Lien submitted a staff report dated May I 1, 1999, regarding
an amendment to the Development Code to modify the location criteria for multi-
service establishments, including convenience stores.
A letter dated May 17, 1999, addressed to Jorge Carlos, Council Office, from
the San Bernardino City Unified School District, was submitted into the record,
wherein the school district "opposes any amendment to the code which would allow a
convenience store that sells alcohol to operate within 1,000 feet of a school site."
Development Services Director Hays stated that the problem involved locational
criteria--convenience stores are not to be located within 1,000 feet of a school or
another convenience store.
Jeff Foreman, Lucy's Laundry Mart, 3812 Sepulveda Boulevard #510,
Torrance, CA, stated that the proposed facility, to be located at the corner of Base
Line and "F" Streets, was a combination laundromat/limited convenience mart, with a
full-time, on-site employee. He explained that the convenience mart was necessary to
help pay for the on-site employee. He also assured the Council that none of the Lucy's
facilities sell alcohol, and that there are no plans to sell alcohol.
City Attorney Penman advised that the law has dealt with this situation before,
and it is very clear that for purposes of these types of ordinances, the facility is a
convenience store. He stated that there are many reasons why certain establishments
are not permitted near schools--alcohol, magazines, junk food, etc. If the City changes
its Development Code, it would be saying that San Bernardino has a new definition of
convenience store--it does everything a convenience store does, except sell liquor. His
office has concluded that this definition would not hold up under state law.
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5/17/1999
Mr. Penman stated that what the Council was being asked to do was to make a
significant change in policy that was urged by the school district a number of years ago.
If they amended the code as recommended, they would be passing a code that his office
believes is inconsistent with the law; and it would be virtually impossible to keep
convenience stores away from schools.
Discussion ensued regarding the opportunity this proposal presents for breathing
new life into a blighted, decayed thoroughfare of the City, whether or not the proposed
site was truly within 1,000 feet of the school, the relevance of it being a convenience
store versus a grocery store, etc.
Council Member Devlin made a motion, seconded by Council Member
Anderson, that the matter be continued to the Mayor and Common Council meeting of
June 7,1999.
Council Member Anderson removed her second, and the motion failed for lack
of a second.
Council Member Schnetz questioned whether two weeks would be a sufficient
amount of time for staff to prepare the necessary materials.
Development Services Director Hays stated that he knew what the issues were
and he would work with City Attorney Penman and Council Member Lien to bring this
item back within two weeks.
Council Member Devlin made a motion, seconded by Council Member
Anderson, and unanimously carried, that the matter be continued to the Mayor and
Common Council meeting of June 7, 1999.
RECESS MEETING
At 10:51 a.m., Mayor Valles declared a five-minute recess.
RECONVENE MEETING
At 11 :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 City Clerk Clark with the following being present:
Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson,
Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent:
None.
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5/17/1999
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 A VENUE AND ROSEWOOD DRIVE. (Continued
from April 5, 1999) (26)
Michael Hays, Director of Development Services, informed the Council that a
new traffic study prepared by the businesses in the area of Rosewood and Tippecanoe
was to have been submitted by Friday, May 14; however, they missed the deadline and
it appeared that they were stalling. He added that In-N-Out had agreed to a continuance
to July 6; however, the problem was still the fact that no traffic study had been
submitted. He noted that traffic accidents have decreased considerably since the
temporary barriers blocking left turns from Tippecanoe A venue onto Rosewood Drive
have been in place.
Discussion ensued regarding the imminent redesign of the interchange at
Tippecanoe Avenue and Interstate 10, signalization of the Rosewood/Tippecanoe
intersection (which according to Caltrans is not a viable alternative), and the desire of
the Council to send a message to In-N-Out of the necessity of submitting the requisite
traffic study.
Council Member Anderson made a motion, seconded by Council Member
Miller, and unanimously carried, that the matter be continued to the Mayor and
Common Council meeting of July 6, 1999, for completion of the environmental review;
and that the Director of Development Services be directed to notify In-N-Out by letter
that the Council has expressed their concern and intend to proceed with this item
whether or not they have submitted their traffic study information.
RES. 1999-90 RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED IN
PART, "A RESOLUTION. . . DESIGNATING CERTAIN STREETS
OR PORTIONS THEREOF AS THROUGH HIGHWAYS. . .;" AND
AUTHORIZING THE INSTALLATION OF A FOUR-WAY STOP AT
THE INTERSECTION OF MERIDIAN AVENUE AND RANDALL
AVENUE. (Continued from April 19, 1999) (27)
Council Member Anderson made a motion, seconded by Council Member
Miller, that said resolution be adopted.
Resolution No. 1999-90 was adopted by the following vote: Ayes; Council
Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller. Nays: None.
Absent: None.
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5/17/1999
Council Member McGinnis thanked the Traffic Safety Advisory Committee and
staff for their efforts in reworking and resolving this issue.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SECTION 5.04.378 TO TITLE 5 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO PEDESTRIAN VENDORS.
(Continued from April 19, 1999) (28)
City Attorney Penman stated that his office had made certain changes to the
ordinance, which the Council could either approve or disapprove, and proceeded to
review the changes point by point with the Council.
Mr. Penman advised that currently pending in the State Legislature is Senate
Bill 617, which would preempt the ability of local government to regulate vendor carts
to the extent currently possible. Therefore, if the City changes its ordinance and allows
vendor carts with conditions, and the state law then passes, the City has lost its right for
more controlled enforcement. On the other hand, if the City were to keep its current
ordinance in effect, and someone wanted a vendor cart under the proposed state
regulations, the City could deny the request, saying that we do not allow vendor carts
in the city. Although it could be challenged in court, the City's argument would be that
the state legislation prohibits us from regulating vendor carts; however, it does not say
we cannot ban them altogether.
Council Member Lien stated that she would like more information on what other
cities plan to do about the senate bill, particularly those who currently have successful
pedestrian vendor operations, and requested that the City Administrator's Office
investigate what the opposition is to the senate bill and forward this information to the
Legislative Review Committee.
Council Member Lien made a motion, seconded by Council Member Devlin,
that the matter be tabled.
Council Member Devlin removed his second, and the motion failed for lack of a
second.
Discussion ensued regarding the restnctlons incorporated into the proposed
ordinance, and the Council inquired as to when more information would be available
regarding the senate bill.
City Attorney Penman noted that the bill did not get out of the Senate Local
Government Committee on May 12; however, reconsideration was granted by the
committee for a future hearing date.
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5/1711999
Council Member Lien made a motion, seconded by Council Member Devlin,
and unanimously carried, that the matter be tabled.
AUTHORIZE - 180-DA Y PILOT PROGRAM - AMERICAN
MEDICAL RESPONSE (AMR) & FIRE DEPARTMENT
ENHANCED PRE-HOSPITAL PARAMEDIC SERVICE (Continued
from April 19, 1999) (29)
Larry Pitzer, Fire Chief, submitted a memorandum dated May 12, 1999,
regarding the Private-Public Partnership Between American Medical Response And The
Fire Department.
Council Member Devlin made a motion, seconded by Council Member
Anderson, and unanimously carried, that the matter be continued to the Mayor and
Common Council/Community Development Commission meeting of June 7, 1999.
RECESS MEETING
At 11:31 a.m., Mayor Valles recessed the meeting to 2:00 p.m. in the Council
Chambers of City Hall.
RECONVENE MEETING
At 2: 11 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, Devlin, Anderson,
Miller; Senior Assistant City Attorney Carlyle, Economic Development Agency Special
Counsel Sabo, City Clerk Clark, 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 2:11 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.
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511 7fJ 999
RES. 1999-91 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING
AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT
BY AND BETWEEN THE CITY OF SAN BERNARDINO AND SAN
BERNARDINO WEST SIDE COMMUNITY DEVELOPMENT
CORPORATION FOR PURPOSES OF CARRYING OUT THE
HANDYWORKER PROGRAM. (R30)
Executive Director Van Osdel explained that this program, which has been
ongoing for approximately two years and funded by Community Development Block
Grant (CDBG) funds, would now be funded by HOME monies.
Council Member Miller and Council Member Anderson expressed support for
the Handyworker Program, stating that it fills a very important need in the city.
Council Member Miller made a motion, seconded by Council Member Estrada,
that the Mayor and Common Council approve the amendment to the City's
Consolidated Annual Action Plan (1996-1998) authorizing the expenditure of HOME
funds in the amount of $150,000 for the West Side Community Development
Corporation Handyworker Program; and that said resolution be adopted.
The motion carried, and Resolution No. 1999-91 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson,
Miller. Nays: None. Absent: None.
RES. 1999-92 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING
AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT
BY AND BETWEEN THE CITY OF SAN BERNARDINO AND
NEIGHBORHOOD HOUSING SERVICES OF THE INLAND
EMPIRE, INC., (NHS) FOR PURPOSES OF CARRYING OUT THE
MOBILE HOME PARK HANDYWORKER PROGRAM. (R31)
Council Member Anderson made a motion. seconded by Council Member
Miller, that the Mayor and Common Council approve the amendment to the City's
Consolidated Annual Action Plan (1997) and authorize the expenditure of HOME funds
in the amount of $200,000 for the Neighborhood Housing Services, Inc., Mobile Home
Park Handyworker Program; and that said resolution be adopted.
The motion carried, and Resolution No. 1999-92 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson,
Miller. Nays: None. Absent: None.
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511711999
RES. CDC/1999-14 - RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO APPROVING AND AUTHORIZING THE
EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY
(THE "AGENCY") TO EXECUTE A CONTRACT BY AND
BETWEEN THE AGENCY AND NEIGHBORHOOD CLUSTER
ASSOCIATIONS, INC., FOR PURPOSES OF CARRYING OUT THE
NEIGHBORS HELPING NEIGHBORS GRANT PROGRAM. (R32)
Executive Director Van Osdel stated that Cluster Associations are currently
operating throughout the city, and they have asked the Economic Development Agency
for assistance in doing meaningful things in the neighborhoods.
The Council expressed some concern that there were few specifics regarding the
program contained in the backup, such as how much money the Neighborhood Cluster
Associations could ask for, how the projects would he selected, etc. There was also
concern regarding the geographic boundaries/limitations of the program.
Maggie Pacheco, Director of Housing and Community Development, answered
questions regarding various aspects of the program, stating that staff would be
developing more specific guidelines and parameters as the program developed.
Council Member Devlin made a motion, seconded by Council Member Miller,
that said resolution be adopted.
Resolution No. CDC/1999-14 was adopted by the following vote:
Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller.
None. Absent: None.
Ayes:
Nays:
EMPIRE CONSULTING AGREEMENTS - PATTON PARK SOCCER
FIELD - AMENDMENT NO. I - JOINT DEVELOPMENT
AGREEMENT SAN BERNARDINO MUNICIPAL SPORTS
COMPLEX - CITY OF SAN BERNARDINO - ECONOMIC
DEVELOPMENT AGENCY - EMPIRE A/G RECREATION, LLC
(R33)
Ronald E. Winkler, Development Director, submitted a staff report dated May
10, 1999, regarding an amendment to the Empire Consulting Agreement for the Patton
Park Soccer Field.
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5f! 7/1999
Gary Van Osdel, Executive Director, Economic Development Agency,
explained that the amendment had to do with the provision dealing with the number of
hotel rooms being rented, which would be replaced with a provision that requires the
consultant to come up with a marketing plan using certain criteria and methods for
trying to assure that the participants in soccer also rent their rooms in our local hotels.
Don Reagan of Empire & Associates and Dave Mlynarski, 164 West Hospitality
Lane, San Bernardino, CA provided information on the success being experienced by
the soccer complex and future scheduled activities.
RES. 1999-93 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING
AMENDMENT NO. I TO JOINT DEVELOPMENT AGREEMENT
(SAN BERNARDINO MUNICIPAL SPORTS COMPLEX) BY AND
AMONG THE CITY OF SAN BERNARDINO, THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND EMPIRE A/G RECREATION, LLC. (R33)
RES. CDC/1999-1S - RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING
AMENDMENT NO. 1 TO JOINT DEVELOPMENT AGREEMENT
(SAN BERNARDINO MUNICIPAL SPORTS COMPLEX) BY AND
AMONG THE CITY OF SAN BERNARDINO, THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND EMPIRE A/G RECREATION, LLC. (R33)
Council Member Miller made a motion, seconded by Council Member
Anderson, that said resolutions be adopted.
Resolution Nos. 1999-93 and CDC/1999-15 were adopted by the following vote:
Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller.
Nays: None. Absent: None.
RES. CDC/1999-16 - RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO APPROVING AN
ESCROW LETTER IN CONJUNCTION WITH THE
RECONVEYANCE OF GUARANTEES, REPAYMENT OF LOAN
AND TRANSFER OF FURNITURE, FIXTURES, AND EQUIPMENT
(440 WEST COURT STREET). (R34)
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5/17/1999
Ann Harris, Director of Business Recruitment, Retention and Revitalization
,
provided an overview of the business activities associated with the property at 440 West
Court Street and answered questions regarding same.
Council Member Miller made a motion, seconded by Council Member
Anderson, that the Community Development Conmlission authorize the Agency to
accept furniture, fixtures and equipment from Hatle/Fox and assign furniture, fixtures
and equipment to Valley Bank for release of loan guarantee on property at 440 West
Court Street and open escrow to accomplish this transaction; and that said resolution be
adopted.
The motion carried, and Resolution No. CDC/1999-16 was adopted by the
following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Devlin,
Anderson, Miller. Nays: None. Absent: None.
RES. CDC/1999-17 - RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION APPROVING AND
AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY TO EXECUTE AMENDMENT NO.2
TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY
AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO AND PREMIS PARTNERS. (R3S)
Executive Director Van Osdel provided background information and answered
questions regarding the Disposition and Development Agreement by and between the
Economic Development Agency and Premis Partners.
Council Member Estrada made a motion, seconded by Council Member Lien,
that said resolution be adopted.
Resolution No. CDCI1999-17 was adopted by the following vote:
Council Members Estrada, Lien, McGinnis, Schnetz, Devlin, Anderson, Miller.
None. Absent: None.
Ayes:
Nays:
PUBLIC COMMENTS - ROBERT NEVES
(36)
Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, submitted and
read into the record a letter dated May 17, 1999, which was addressed to the Mayor
and Common Council, relative to compliance with the Americans with Disabilities Act
insofar as driveways/curb cuts are concerned.
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5/17/1999
SPECIAL COUNSEL SABO & ECONOMIC DEVELOPMENT AGENCY
EXECUTIVE DIRECTOR V AN OSDEL EXCUSED
At 2:53 p.m., Special Counsel Sabo and Economic Development Agency
Executive Director Van Osdelleft the Council meeting.
CITY ADMINISTRATOR WILSON RETURNED
At 2:53 p.m., City Administrator Wilson returned to the Council meeting and
took his place at the Council table.
RES. 1999-86 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING
RESOLUTION NO. 98-195 AND ESTABLSHING STANDARD
CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR
THE CITY OF SAN BERNARDINO. (Discussed earlier in the
meeting - page 10) (18)
Council Member Estrada made a motion, seconded by Council Member Miller,
that Agenda Item No. 18 be reconsidered.
The motion carried by the following vote: Ayes: Council Members Estrada,
Lien, Schnetz, Devlin, Miller. Nays: Council Members McGinnis, Anderson.
Council Member Estrada stated that she knew of two additional tow companies
who wanted to come into the City, and she suggested that the matter be referred to the
Legislative Review Committee for discussion and/or review relative to streamlining the
resolution.
SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED
At 2:58 p.m., Senior Assistant City Attorney Carlyle left the Council meeting
and was replaced by City Attorney Penman.
City Attorney Penman stated that there is a formula used to determine how
many tow companies are needed based on population counts. He added that it is
unlikely that additional tow companies would be considered at this time.
Council Member Devlin made a motion, seconded by Council Member Miller,
that said resolution be adopted; and that the Legislative Review Committee review the
resolution for the purpose of streamlining it.
The motion carried, and Resolution No. 1999-86 was adopted by the following
vote: Ayes; Council Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller.
Nays: Council Member McGinnis. Absent: None.
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5/17/1999
ADJOURNMENT (37)
At 3:06 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council and Community Development Commission will be held at
8:00 a.m., Monday, June 7, 1999, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
By: bF~~
Linda E. Hartzel
Deputy City Clerk
No. of Items: 37
No. of Hours: 4.5
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511711999