HomeMy WebLinkAbout11-16-1998 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
AND COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
NOVEMBER 16, 1998
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 Pro Tem Schnetz at 8:08 a.m., Monday,
November 16, 1998, 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 Pro Tem Schnetz; Council Members Estrada,
Lien, Schnetz, Devlin, Miller; City Attorney Penman, City Clerk
Clark, City Administrator Wilson. Absent: Council Member
Anderson. Vacant: Third Ward.
City Attorney Penman announced that the following additional
cases would be discussed in closed session:
City of San Bernardino Municipal Water Department vs.
States Department of Defense. The Armv United
District Court Case No. CV 96-8867 MRP;
United
States
State of California ex rel. Stull vs. Bank of America NT SA -
San Francisco Superior Court Case No. 968484;
Kenneth J. Henderson. et al. vs. Economic Development Aoencv.
et al. - Court of Appeals, Fourth District Court Case No.
E021852, San Bernardino Superior Court Case No. SCV 16489;
The People vs. Manta Manaoement
Appeals, Fourth District Court
Bernardino Superior Court Case No.
Corporation Court
Case No. E019635,
SCV 18157.
of
San
meeting
At 8: 08
Development
following:
RECESS MEETING - CLOSED SESSION - (Discussed later in the
(1)
Common Council and Community
to closed session for the
- pages 12,
a . m., the
Commission
16 and 20)
Mayor and
recessed
Pursuant to Government Code Sections:
A. Conference with legal counsel existing litigation
pursuant to Government Code Section 54956.9(a).
1
11/16/1998
B. C?nf~r~nce with legal counsel - anticipated litigation _
slgnlflcant exposure to litigation pursuant to
subdivision (b) of Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation _
initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9.
D. Conference with legal counsel personnel matter
pursuant to Government Code Section 54957.
E. Closed session with Chief of Police on matters posing a
threat to the security of public buildings or threat to
the public's right of access to public services or public
facilities pursuant to Government Code Section 54957.
F. Conference with real property negotiator pursuant to
Government Code Section 54956.8:
Property Address:
247 W. Third Street
Negotiating Parties:
Gary Van Osdel, on behalf of
the Economic Development Agency
and Terrance Moore, on behalf
of Caltrans
Under Negotiation:
Terms, price and conditions
CLOSED SESSION
At 8:09 a.m., Mayor Pro Tem Schnetz called the closed session
to order in the conference room of the Council Chambers of City
Hall.
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Pro Tem Schnetz; Council Members Estrada,
Lien, Schnetz, Devlin, Miller; City Attorney Penman, City Clerk
Clark, City Administrator Wilson. Absent: Council Member
Anderson. Vacant: Third Ward.
Also present: Senior Assistant City Attorneys Carlyle
and Simmons, Deputy City Attorney Murad and Edna Anderson,
Administrative Operations Supervisor, City Attorney's Office;
General Manager Kersey, Water Department; Special Counsel Jim Odlum
of Mundell, Odlum, Haws and Reider, 275 W. Hospitality Lane, Suite
300, San Bernardino, CA; and Special Counsel Tom Jacobsen of
Gresham, Savage, Nolan and Tilden, 600 N. Arrowhead Avenue, Suite
300, San Bernardino, CA.
COUNCIL MEMBER ANDERSON ARRIVED
At 8:12 a.m., Council Member Anderson arrived at the closed
session.
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11/16/1998
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Cordova read the titles of all the
resolutions and ordinances on the regular agenda of the Mayor and
Common Council and Community Development Commission/San Bernardino
Joint Powers Financing Authority/San Bernardino Park Acquisition
Joint Powers Financing Authority/San Bernardino Associated
Communities Financing Authority while the Mayor and Council and
Community Development Commission were in closed session.
SPECIAL COUNSEL ODLUM EXCUSED
At 8:38 a.m., Special Counsel Odlum left the closed session.
ADJOURN CLOSED SESSION
At 8:55 a.m., the closed session adjourned to 9:00 a.m., in
the Council Chambers of City Hall.
RECONVENE MEETING
At 9: 02 a. m., Mayor Pro Tem Schnetz 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 Pro Tem Schnetz; Council Members Estrada,
Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City
Clerk Clark, City Administrator Wilson. Absent: None. Vacant:
Third Ward.
INVOCATION
The invocation was given by Pastor Johnny Moreno of Victory
Outreach.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Estrada.
APPOINTMENTS
(2)
There were no appointments at this meeting.
PRESENTATION - CERTIFICATE OF APPRECIATION - ROBINSONS
MAY - GRAND OPENING - NOVEMBER 20, 1998 (3)
Nick Gonzalez, Community Liaison, presented a certificate of
appreciation to Robinsons May and announced that their grand
opening would be held on November 20, 1998.
PROCLAMATION - NATIONAL CHILDREN'S BOOK WEEK - NOVEMBER
16-22, 1998 - ROOSEVELT ELEMENTARY SCHOOL (3)
Nick Gonzalez, Communi ty
proclaiming November 16-22, 1998 as
within the City of San Bernardino.
Liaison, read a resolution
"National Children's Book Week"
3
11/16/1998
Roosevelt Elementary School Principal Gerald Kasinski and
Student Council Officers Jessica Garcia, Andrea Palacios, Lucy
Duran and Erin Morris, accepted the proclamation.
PROCLAMATION - GREAT AMERICAN SMOKE OUT DAY - NOVEMBER
19, 1998 (3)
Nick Gonzalez, Community
proclaiming November 19, 1998, as
within the City of San Bernardino.
Tom Marek,
proclamation.
Liaison, read a resolution
"Great American Smoke Out Day"
Risk Management
Coordinator,
accepted the
PRESENTATION TO THE CITY - SAN BERNARDINO CONVENTION &
VISITORS BUREAU - ROUTE 66 RENDEZVOUS (3)
Shelly Wong, Jo Ann Webb and Donna Heller
Bernardino Convention and Visitors Bureau, presented
the city for its support of the Route 66 Rendezvous.
of the San
a plaque to
Mayor Pro Tem Schnetz accepted the plaque.
ANNOUNCEMENTS - MAYOR PRO TEM SCHNETZ
(3)
Mayor Pro Tem Schnetz stated that on behalf of Mayor Valles,
he would like to express his appreciation to the various city
departments, businesses and participants of the Clean Up Day held
on November 14, 1998. The event turned out to be a great success!
SERVICE PIN AWARDS
(3)
Nick Gonzalez, Community Liaison, 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
Cynthia Buechter
Salvador Jimenez
Theeravut Thaipejr
Norma Allie
Sharlene Bragg
Rita Shirley-West
William Beaumont
Joe Groves
Gary McCafferty
Michael Pohl
Dale Blackwell
Pamela Rodriguez
George Newlin
Department
City Clerk
Development Services
Development Services
Facilities Management
Facilities Management
Finance
Fire
Fire
Fire
Fire
Police
Police
Public Services
4
Years of Service
lS-year pin
lS-year pin
S-year pin
2S-year pin
10-year pin
S-year pin
lS-year pin
2S-year pin
lS-year pin
2S-year pin
20-year pin
10-year pin
2S-year pin
11/16/1998
Each employee received a service pin presented by Mayor Pro
Tem Schnetz.
RECESS MEETING
At 9:19 a.m., Mayor Pro Tem Schnetz called a five-minute
recess.
RECONVENE MEETING
At 9: 24 a. m., Mayor Pro Tem Schnetz 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 Pro Tem Schnetz; Council Members Estrada,
Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City
Clerk Clark, City Administrator Wilson. Absent: None. Vacant:
Third Ward.
ANNOUNCEMENTS COUNCIL MEMBERS
ANDERSON, MILLER & SCHNETZ
ESTRADA,
DEVLIN,
(4)
Council thanked the participants of the Clean Up Day and
acknowledged how well the city looks.
ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4)
Council Member Lien expressed concern regarding the blighted
conditions of the housing located within the city and announced the
actions being taken to address the problem.
ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ
(4)
Council Member Schnetz stated that if the
with the construction of the Inland Theater
problem, please call the Council Office.
noise associated
proj ect causes a
ANNOUNCEMENTS - CITY CLERK CLARK
(4)
City Clerk Clark expressed her appreciation for the Clean Up
Day participants. She also announced that the nomination period
for the Third Ward Council position would close at noon on Monday,
November 30, 1998. She stated that there were currently five
potential candidates.
ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON
(4)
City Administrator Wilson acknowledged the
participated in the Clean Up Day and stated
meeting with Omnitrans to address the blighted
bus stops.
SO+ employees who
that he would be
conditions of the
S
11/16/1998
ANNOUNCEMENTS - CITY ATTORNEY PENMAN
(4)
City Attorney Penman expressed his appreciation for the many
participants of the Clean Up Day and recounted the events leading
up to the election and resignation of Third Ward Council Member
Arias.
PUBLIC COMMENTS - ROBERT NEVES
(5)
Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA,
submitted information relative to the City of Riverside's Handicap
Advisory Committee and its use of Community Development Block Grant
funds.
PUBLIC COMMENTS - JEFF DEFILLIPES
(5)
Jeff DeFillipes, 1538 N. Waterman Avenue, San Bernardino, CA
expressed concern regarding the lack of professionalism exhibited
by the Omnitrans bus drivers.
PUBLIC COMMENTS - ROSKO KIDWELL
(5)
Rosko Kidwell, 522 W. First Street #D, Rialto,
that a historical marker be placed in front of
McDonald's site at 14th and "D" Street.
CA, requested
the original
PUBLIC COMMENTS - PASTOR VERNON SHAW
(5)
Pastor Vernon Shaw, Prayer Mission, 1525 North "D" Street, San
Bernardino, CA, thanked God for His influence in his life and
announced that the Prayer Mission would be serving Thanksgiving
dinner.
PUBLIC COMMENTS - JAY LINDBERG
(5)
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, expressed
concern that the security measures utilized at council meetings
could be construed as measures of intimidation.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6)
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 agenda of the Mayor and
Common Council and Community Development Commission be waived.
6
11/16/1998
MINUTES
(7)
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/Community
Development Commission of the City of San Bernardino, as submitted
in typewritten form, be approved: September 21, 1998; September
29, 1998; October 5, 1998.
CLAIMS & PAYROLL
(8)
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 November 9, 1998, from Barbara Pachon, Director of
Finance, be approved.
PERSONNEL ACTIONS
(9)
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 November 5, 1998,
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. 98-320 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY
ADMINISTRATOR TO SUBMIT AN APPLICATION FOR GRANT FUNDS
FROM THE CALIFORNIA HEALTHY CITIES PROJECT FOR THE
FOLLOWING PROJECT: "YOUTH TAKIN' ON TOBACCO PROJECT."
(10)
ORD. MC-1034 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO
ADDING SUBSECTION A.11 TO SECTION 9.90.010 OF TITLE 9 OF
THE SAN BERNARDINO MUNICIPAL CODE EMPOWERING SAN
BERNARDINO COMMUNITY COLLEGE POLICE TO ARREST AND ISSUE
CITATIONS FOR VIOLATIONS OF TITLE 9 OF THE SAN BERNARDINO
MUNICIPAL CODE. Final (11)
RES. 98-321 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND
IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN
THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE
ABATEMENT. (Weed Abatements) (12)
7
11/16/1998
ORD. MC-1035 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING CHAPTER 19.06, SECTION 19.06.020, TABLE 06.01
AND AMENDING CHAPTER 19.06, SECTION 19.06.030, TABLE
06.03 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT
CODE) TO ADD MINI-STORAGE AS A CONDITIONALLY PERMITTED
USE IN THE CG-1, COMMERCIAL GENERAL, LAND USE
DISTRICT. Final (14)
Council Member Devlin made a motion, seconded by Council
Member Anderson, that said resolutions and ordinances be adopted.
Resolution Nos. 98-320 and 98-321 and Ordinance Nos. MC-1034
and MC-1035 were adopted by the following vote: Ayes: Council
Members Estrada, Lien, Schnetz, Devlin, Anderson, Miller. Nays:
None. Absent: None. Vacant: Third Ward.
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 FOOD VENDORS. Final (13)
Judi Penman, Executive Vice Presldent,
Chamber of Commerce, 546 W. 6th Street,
submitted a letter dated November 12,
continuance of the matter.
San Bernardino Area
San Bernardino, CA,
1998, requesting a
Sal vatore F. Catalano, President, San Bernardino Downtown
Business Association, Inc., submitted a letter dated November 12,
1998, requesting that the matter be continued.
Council Member Estrada made a motion, seconded by Council
Member Anderson, that the meeting be continued to the Mayor and
Council meeting of December 7, 1998.
Council Member Anderson removed her second, and the motion
failed for lack of a second.
Council Member Devlin made a motion, seconded
Member Anderson, and unanimously carried, that the
referred to the Legislative Review Committee.
by Counc i 1
matter be
RES. 98-322 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO
BONADlMAN - MCCAIN, INC., FOR THE WIDENING OF KENDALL DRIVE
BRIDGE AT CABLE CREEK CHANNEL PER PLAN NO. 9728. (15)
Council inquired about the balance within the Unappropriated
Reserve Fund and the use of such.
Development Services Director Hays answered questions
concerning the use of the Unappropriated Reserve Fund.
8 11/16/1998
Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA,
inquired if the project included the construction of sidewalks.
Council Member Devlin made a motion, seconded by Council
Member Anderson, that the Mayor and Common Council be authorized to
amend the Fiscal Year 1998/99 Capital Projects budget and increase
Account No. 129-367-5504-7068 by $90,000; and that said resolution
be adopted.
The motion carried and Resolution No. 98-322
the following vote: Ayes: Council Members Estrada,
Devlin, Anderson, Miller. Nays: None. Absent:
Third Ward.
was adopted by
Lien, Schnetz,
None. Vacant:
RES. 98-323 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO
VALLEY SLURRY SEAL COMPANY FOR PAVEMENT REHABILITATION BY
SLURRY SEAL METHOD, PHASE VI, BETWEEN FIFTH STREET AND
BASE LINE AND BETWEEN 1-215 AND LYTLE CREEK. (16)
Development Services Director Hays answered questions
regarding the funds allotted for the slurry seal project.
Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA,
submitted a handout entitled, "Rubberized Asphalt," and requested
that the matter be continued.
Director Hays stated that the use of rubberized asphalt is
currently 50 percent higher than the slurry seal application;
however, it has been used when deemed appropriate.
Council Member Devlin requested that he be present when
rubberized asphalt is being considered.
A discussion was held regarding the use of slurry seal versus
rubberized asphalt.
Council Member Anderson made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution No. 98 - 323 was
Ayes: Council Members Estrada,
Miller. Nays: None. Absent:
adopted by the following vote:
Lien, Schnetz, Devlin, Anderson,
None. Vacant: Third Ward.
RES. 98-324 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE PURCHASING MANAGER TO ISSUE A PURCHASE
ORDER TO CONSOLIDATED FABRICATORS FOR THE PURCHASE AND
DELIVERY OF COMMERCIAL ROLL-OFF REFUSE BINS TO BE
UTILIZED BY THE PUBLIC SERVICES DEPARTMENT. (17)
Council expressed concern regarding the extension of contracts
in that it precludes the bidding process.
9
11/16/1998
City Administrator Wilson answered questions concerning the
purchasing provisions and the selection of vendors.
Council Member Anderson made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 98-324 was
Ayes: Council Members Estrada,
Miller. Nays: None. Absent:
adopted by the following vote:
Lien, Schnetz, Devlin, Anderson,
None. Vacant: Third Ward.
PUBLIC MEETING - ASSESSMENT DISTRICT (AD) FORMATION -
INLAND CENTER DRIVE & RIVERWALK DRIVE AREA LANDSCAPE AND
SEWER LIFT STATION MAINTENANCE - AD NO. 1024 - TRACT NO.
14706 (18)
Michael Hays, Director of Development Services, submitted a
staff report dated October 26, 1998, concerning the formation of
Assessment District No. 1024.
Mayor Pro Tem Schnetz opened the public meeting.
Director Hays explained the requirements for the formation of
an assessment district.
Council Member Anderson made a motion, seconded by Council
Member Miller, and unanimously carried, that the public meeting
relative to the formation of Inland Center Drive and Riverwalk
Drive Area Landscape and Sewer Lift Station Maintenance Assessment
District (AD 1024 - Tract No. 14706), be closed; and protests, if
any, be carried over to the public hearing scheduled to be heard
before the Mayor and Council at 10:00 a.m., Monday, December 7,
1998, in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A SERVICE
AGREEMENT WITH BIG RED APPLE REGARDING THE MARKETING AND
MANAGEMENT OF THE SAN BERNARDINO STADIUM. (19)
City Administrator Wilson provided a synopsis of the action
taken to secure a firm for the marketing and managing of the San
Bernardino Stadium and reviewed the provisions of the agreement
with Big Red Apple.
Council Member Miller made a motion, seconded by Council
Member Anderson, that the matter be referred to the Ways and Means
Committee.
Council Member Anderson removed her second, and the motion
failed for lack of a second.
10 11/16/1998
Bob Lewis, President of Big Red Apple, 650 South HE" Street
. ,
San Bernardkno, CA, stated that he would not object to the matter
being referred to the Ways and Means Committee.
Council Member Miller made a motion,
Member Anderson, that the matter be referred
Committee.
seconded by Council
to the Ways and Means
Council Member Anderson removed her second, and the motion
failed for lack of a second.
Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA,
requested that the handicap parking not be blocked when events are
being held in the parking lot of the stadium.
Council Member Miller made a motion,
Member Anderson, and unanimously carried,
referred to the Ways and Means Committee.
seconded by Council
that the matter be
APPOINTMENT - REDEVELOPMENT COMMITTEE - COUNCIL MEMBER
DEVLIN - COUNCIL ASSIGNMENT (20)
Council Member Miller submitted a staff report dated November
9, 1998, requesting the appointment of Council Member Devlin to the
Redevelopment Committee.
Council Member Miller made a motion, seconded by Council
Member Anderson, that the appointment of Council Member Jerry
Devlin to the Redevelopment Committee be approved.
The motion carried by the following vote:
Members Estrada, Schnetz, Devlin, Anderson, Miller.
Member Lien. Absent: None. Vacant: Third Ward.
Ayes:
Nays:
Council
Council
APPROVE CONTRACT CHANGE ORDER NO. ONE INSTALL
UNDERGROUND FUEL TANKS - NEW FUEL STATION - CITY YARD -
REMOVE EXISTING FUEL TANKS & CONTAMINATED SOILS - SPENCER
& JONES GENERAL CONTRACTORS - $8,627.34 (21)
Michael Hays, Director of Development Services, submitted a
staff report dated October 22, 1998, concerning the installation of
new fuel tanks and a new fuel station at the city yard.
Council Member Devlin made a motion, seconded by Council
Member Anderson, and unanimously carried, that the Mayor and Common
Council approve Change Order No. One to the contract with Spencer
& Jones General Contractors for the design/build/installation of a
new fuel station and the removal of the existing fuel stations and
11
11/16/1998
contaminated soil at an increase of $8,627.34 to the original
contract price of $503,890. This increase will compensate the
contractor for additional work required in the installation of a
sand/oil clarifier, concrete pad, two additional catch basins and
the reduction of the quantity of asphalt pavement.
EMPLOYEE
INSURANCE
LONG-TERM
INSURANCE BENEFITS DELTA DENTAL UNUM
(LIFE, ACCIDENTAL DEATH AND DISMEMBERMENT &
DISABILITY INSURANCE) - APPROVE AGREEMENT
(22)
Edward Raya, Director of Human Resources, submitted a staff
report dated November 10, 1998, requesting authorization to enter
into an agreement with Delta Dental and UNUM Insurance for various
employee benefits.
Director Raya explained that the previous dental carrier would
no longer be doing business in California and provided a synopsis
of the negotiations held with Delta Dental and UNUM Insurance.
Council Member Devlin made a motion, seconded by Council
Member Miller, and unanimously carried, that the Mayor be
authorized to execute an agreement with Delta Dental to provide the
city's dental insurance benefits and with UNUM Insurance to provide
the city's life, accidental death and dismemberment and long-term
disability insurance benefits, subject to City Attorney approval
and ratification of the final agreement by the Common Council.
RECESS MEETING - CLOSED SESSION - (Discussed earlier and
later in the meeting - pages 1, 16 and 20) (1)
At 10:43 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):
City of San Bernardino Municipal Water Department vs.
United States Department of Defense. The Armv - United
States District Court Case No. CV 96-8867 MRP;
State of California ex rel. Stull vs. Bank of America
NTSA - San Francisco Superior Court Case No. 968484;
Kenneth J. Henderson. et al. vs. Economic Development
Aoencv. et al. - Court of Appeals, Fourth District Court
Case No. E021852, San Bernardino Superior Court Case No.
SCV 16489;
12
11/16/1998
The People vs. Manta Manaqement Corporation - Court of
Appeals, Fourth District Court Case No. E019635, San
Bernardino Superior Court Case No. SCV 18157.
B. Conference with legal counsel - anticipated litigation -
significant exposure to litigation pursuant to
subdivision (b) of Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation -
initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9.
D. Conference with legal counsel personnel matter
pursuant to Government Code Section 54957.
E. Closed session with Chief of Police on matters posing a
threat to the security of public buildings or threat to
the public's right of access to public services or public
facilities pursuant to Government Code Section 54957.
F. Conference with real property negotiator pursuant to
Government Code Section 54956.8:
Property Address:
247 W. Third Street
Negotiating Parties:
Gary Van Osdel, on behalf of
the Economic Development Agency
and Terrance Moore, on behalf
of Caltrans
Under Negotiation:
Terms, price and conditions
CLOSED SESSION
At 10:43 a.m., Mayor Pro Tem
to order in the conference room
Hall.
Schnetz called the closed session
of the Council Chambers of City
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Pro Tem Schnetz; Council Members Estrada,
Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City
Clerk Clark, City Administrator Wilson. Absent: None. Vacant:
Third Ward.
Also
and Simmons
Supervisor.
present:
and Edna
Senior Assistant City Attorneys Carlyle
Anderson, Administrative Operations
ADJOURN CLOSED SESSION
At 10:59 a.m., the closed session adjourned to the Council
Chambers of City Hall.
13
11/16/1998
RECONVENE MEETING
At 11:03 a.m., Mayor Pro Tem Schnetz 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 Pro Tem Schnetz; Council Members Estrada,
Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City
Clerk Clark, City Administrator Wilson. Absent: None. Vacant:
Third Ward.
APPEAL HEARING CONDITIONAL USE PERMIT NO. 98-06
VARIANCE NO. 98-02 - INDOOR STORAGE FACILITY - 11,500
SQUARE FOOT BUILDING - OUTDOOR VEHICLE IMPOUND YARD - 197
SOUTH "D" STREET - (Continued from November 2, 1998)
(23)
CITY ATTORNEY PENMAN EXCUSED
At 11:05 a.m., City Attorney Penman
interest, announced that David Gondek from
legally advising the Mayor and Council
meeting.
declared a conflict of
Sabo and Green would be
and left the council
Mayor Pro Tem Schnetz opened the hearing.
Development Services Director Hays provided a synopsis of the
action taken for the construction of an indoor storage facility and
an outdoor vehicle impound yard, reviewed the conditions of
construction and answered questions relative to such.
Attorney Bill Lemann, representing Mr. and Mrs. Michael Allen,
stated that the Allens were present to explain why the eight foot
block wall was required.
The following individuals iterated the incidents which caused
disharmony between themselves and Mr. Jensen, the appellant:
Michael Allen, Jr., 206 South "D" Street, San Bernardino, CA.
Stephanie Allen, 206 South "D" Street, San Bernardino, CA.
Brenda Allen, 206 South "D" Street, San Bernardino, CA, stated
that the block wall is necessary to cover the view of the vehicles
and to guard against theft.
Michael Allen, Sr., 206 South "D" Street, San Bernardino, CA,
addressed the concerns of the surrounding neighbors and explained
the need for the proposed eight foot block wall.
14
11/16/1998
The following individuals
construction of the eight foot
variances:
expressed concern regarding the
block wall and/or the requested
Jim Mulvihill, 407 W. 25th Street, San Bernardino, CA.
Paul Sanborn, 267 South "D" Street, San Bernardino, CA.
John Wartman, 444 Athol Street, San Bernardino, CA.
John Jensen, 444 Athol Street, San Bernardino, CA; and
submitted a summary of events dated November 16, 1998.
Ed English, 167 South "E" Street, San Bernardino, CA.
Paul Toomey, representing the Allens, stated that the area is
light industrial and the Allens are simply requesting a reuse of
the property. He noted that most of the testimony had nothing to
do with the issue at hand.
Ralph Affaitati, 393 W. Athol Street, San Bernardino, CA,
stated that the Allens purchased the property without prior
approval for its intended use and expressed concern regarding the
approval of said project.
Brenda Allen reiterated that the construction of the block
wall is simply to prevent theft.
Attorney Bill Lemann stated that what is important for the
Council to consider is the hardship issue. He noted that the area
would be beautified and the building would have a functional use.
Council Member Miller made a motion,
Member Anderson, and unanimously carried,
closed.
seconded by Council
that the hearing be
A discussion ensued regarding the appropriate use
property and the ability to effectively monitor compliance
codes.
of the
of city
Council Member Estrada made a motion, seconded by Council
Member Devlin, and unanimously carried, that the Mayor and Council
deny the appeal and uphold the Planning Commission's approval of
Conditional Use Permit No. 98-06, to establish an outdoor vehicle
impound yard and storage facility in an existing 11,500 square foot
manufacturing building based on the Findings of Fact and subject to
the Conditions of Approval (Attachment D) and Standard Requirements
(Attachment E) of the Planning Commission's staff report dated July
7, 1998; approve Variance No. 98-02, to reduce the 10-foot front
and street side setbacks to five (5) feet and four (4) feet
respectively, and the 10-foot interior side and rear setbacks based
on the Findings of Fact and subject to the Conditions of Approval
(Attachment D) and Standard Requirements (Attachment E) of the
Planning Commission's staff report dated July 7, 1998; and deny the
15
11/16/1998
following variance requests based on the Findings of Fact: 1) to
reduce the front setback to accommodate the establishment of an
outdoor vehicle impound yard; and 2) to increase the maximum fence
and wall heights from six (6) feet to eight (8) feet along the "D"
and Athol Street frontages.
RECESS MEETING
At 12:25 p.m., Mayor Pro Tem Schnetz recessed the meeting to
2:00 p.m. in the Council Chambers of City Hall.
RECONVENE MEETING
At 2:03 p.m., Mayor Pro Tem Schnetz 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 Pro Tem Schnetz; Council Members Estrada,
Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman and
Economic Development Agency Special Counsel Crump, City Clerk
Clark, Economic Development Agency Executive Director Van Osdel.
Absent: None. Vacant: Third Ward.
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 2:03 p.m., Vice-Chairman Schnetz 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.
ANNOUNCEMENTS - ANN HARRIS
(4)
Ann Harris, Business Retention/Revitalization Director,
Economic Development Agency, announced that the United States Air
Force would be having a free concert tonight at 7:00 p.m. in the
California Theater.
Ms. Harris also announced that on November 21, 1998, at 7:00
p.m. in the California Theater, the James Whitmore will Rogers
Folly would be held to raise funds for the mural to be placed on
the California Theater
16
11/16/1998
PUBLIC COMMENTS - LORRIE NECOCHEA
(5)
Lorrie Necochea, 4186 Third Avenue, San Bernardino CA,
presented a button to the Mayor and Council to be worn Novemb~r 16-
21, 1998, in loving memory of her daughter, Diana Necochea, whose
life was taken. She also stated that a benefit dinner would be
held at the Gents Hall on November 21, 1998.
RECESS MEETING - CLOSED SESSION - (Discussed
later in the meeting - pages 1, 12 and 20)
At 2: 08 p. m., the Mayor and Common Council and
Development Commission recessed to closed session
following:
earlier and
(1)
Community
for the
Pursuant to Government Code Section:
B. Conference with legal counsel - anticipated litigation -
significant exposure to litigation pursuant to
subdivision (b) of Government Code Section 54956.9.
CLOSED SESSION
At 2:08 p.m., Mayor Pro Tem Schnetz called the closed session
to order in the conference room of the Council Chambers of City
Hall.
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Pro Tem Schnetz; Council Members Estrada,
Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City
Clerk Clark, City Administrator Wilson. Absent: None. Vacant:
Third Ward.
Also present: Economic Development Agency Executive
Director Van Osdel and Special Counsel David Gondek and Alexis
Crump of Sabo and Green.
ADJOURN CLOSED SESSION
At 2:29 p.m., the closed session adjourned to the Council
Chambers of City Hall.
RECONVENE MEETING
At 2: 29 p. m., Mayor Pro Tem Schnet z 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 Pro Tem Schnetz; Council Members Estrada,
Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman and
Economic Development Agency Special Counsel Crump, City Clerk
Clark, Economic Development Agency Executive Director Van Osdel.
Absent: None. Vacant: Third Ward.
17
11/16/1998
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 2:29 p.m., Vice-Chairman Schnetz reconvened the joint
regular meeting of the Community Development Commission/San
Bernardino Joint Powers Financing Authority/San Bernardino Park
Acquisition Joint Powers Financing Authority/San Bernardino
Associated Communities Financing Authority and Mayor and Common
Council.
PUBLIC HEARING - DISPOSITION & DEVELOPMENT AGREEMENT FOR
IMMIGRATION & NATURALIZATION SERVICES (INS) OFFICE, INC.
(VANIR) - 3.27 ACRE SITE - 655 WEST RIALTO AVENUE -
60,000 SQUARE FOOT OFFICE BUILDING - GENERAL SERVICES
ADMINISTRATION (GSA) (R25)
Gary Van Osdel, Executive Director, Economic Development
Agency, submitted a staff report dated November 13, 1998,
concerning the construction of the Immigration and Naturalization
Services building for the General Services Administration.
Council Member Estrada made a motion, seconded by Council
Member Anderson, and unanimously carried, that the matter be
continued to 8:00 a.m., Monday, November 23, 1998, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
SPECIAL COUNSEL CRUMP EXCUSED
At 2:30 p.m., Special Counsel Crump left the council meeting.
CITY ATTORNEY PENMAN EXCUSED
At 2:30 p.m., City Attorney Penman left the council meeting
and was replaced by Senior Assistant City Attorney Carlyle.
SINGLE FAMILY REHABILITATION PROGRAM OUTSOURCING
SERVICES - PHASE II - ONE-YEAR CONTRACT - NEIGHBORHOOD
HOUSING SERVICES OF THE INLAND EMPIRE, INC. HOME
IMPROVEMENT LOAN PROCESSING, PROJECT MANAGEMENT AND HANDY
WORKER GRANT PROGRAM - $607,500 (R26)
Ronald E. Winkler, Development Director, Economic Development
Agency, submitted a staff report dated October 13, 1998, concerning
the Single Family Rehabilitation Program.
Director Winkler answered questions regarding the
be provided by the Neighborhood Housing Services of
Empire, Inc.
services to
the Inland
18
11/16/1998
Council Member Miller made a motion, seconded by Council
Member Anderson, that the Mayor and Common Council authorize the
issuance of a one-year contract, in the forms substantially as
noted in the staff report dated October 13, 1998, from Ronald
Winkler, with Neighborhood Housing Services of the Inland Empire,
Inc., (NHS) for home improvement loan processing, home improvement
project management and a Handyworker Grant Program and set aside
$607,500 overall from the Single-Family Rehabilitation Loan Program
for this effort; and that the Handyworker Grant Program return to
the Redevelopment Committee for an annual review.
Council Member Miller made a substitute motion, seconded by
Council Member Anderson, and unanimously carried, that the Mayor
and Common Council authorize the issuance of a one-year contract,
in the forms substantially as noted in the staff report dated
October 13, 1998, from Ronald Winkler, with Neighborhood Housing
Services of the Inland Empire, Inc., (NHS) for home improvement
loan processing, home improvement project management and a
Handyworker Grant Program and set aside $607,500 overall from the
Single-Family Rehabilitation Loan Program for this effort.
SINGLE FAMILY REHABILITATION PROGRAM OUTSOURCING
SERVICES - PHASE III - ONE-YEAR CONTRACT - SAN BERNARDINO
WEST SIDE COMMUNITY DEVELOPMENT CORPORATION - HANDYWORKER
GRANT PROGRAM - $100,000 (R27)
Ronald Winkler, Development Director, Economic Development
Agency, submitted a staff report dated October 5, 1998, concerning
the Single Family Rehabilitation Program.
Executive Director Van Osdel explained that James wilmott
would be monitoring the program and referrals would be coordinated
through the Economic Development Agency.
Council Member Miller made a motion, seconded by Council
Member Anderson, and unanimously carried, that the Mayor and
Common Council authorize the one-year contract with San Bernardino
West Side Community Development Corporation for a Handyworker Grant
Program and set aside $100,000 from the Single-Family
Rehabilitation Program for this effort; and that the Redevelopment
Committee review the program in six months.
AUTHORIZE FUNDS - HOME INVESTMENT PARTNERSHIP ACT PROGRAM
HOME FUNDS - HOME BUYER EDUCATION PROGRAM - MORTGAGE
ASSISTANCE PROGRAM $56,000 NEIGHBORHOOD HOUSING
SERVICES OF THE INLAND EMPIRE, INC. (R28)
Ronald Winkler, Development Director, Economic Development
Agency, submitted a staff report dated November 9, 1998, concerning
a Home Buyer Education Program with Neighborhood Housing Services
of the Inland Empire, Inc.
19
11/16/1998
Council Member Miller made a motion, seconded by Council
Member Anderson, and unanimously carried, that the Mayor and Common
Council auth?rize a one-year contract, under HOME Project #98-401,
Mortgage Asslstance Program, a Home Buyer Education Program in the
amount of $56,000 with Neighborhood Housing Services of the Inland
Empire, Inc.
AUTHORIZE AGREEMENT THEATER ARTS
MANAGEMENT OF THE CALIFORNIA THEATER -
- EFFECTIVE JANUARY 1, 1999
INTERNATIONAL
ONE-YEAR CONTRACT
(R29)
Ann Harris, Director of Business Retention/Revitalization,
Economic Development Agency, submitted a staff report dated October
5, 1998, concerning the management of the California Theater.
Director Harris reviewed
the California Theater and
agreement.
the costs currently associated with
explained the provisions of the
Council Member Anderson made a motion, seconded by Council
Member Miller, and unanimously carried, that the Community
Development Commission authorize staff to prepare an agreement with
Theater Arts International to manage the California Theater for one
year, commencing on January 1, 1999, with a 30-day termination
clause by either party and the review of the individuals' resumes
and trade references.
AUTHORIZE THIRD AMENDMENT - DEMOLITION ASSISTANCE LOAN -
MR. ERWIN SKADRON - TERM EXTENSION - OCTOBER 30, 1998 TO
OCTOBER 30, 1999 (R30)
Ronald Winkler, Development Director, Economic Development
Agency, submitted a staff report dated October 5, 1998, concerning
the demolition assistance loan with Mr. Erwin Skadron.
Council Member Miller made a motion, seconded by Council
Member Estrada, and unanimously carried, that the Community
Development Commission authorize the Executive Director to prepare
and execute a third amendment to the demolition assistance loan
extending the term of the loan from October 30, 1998 to October 30,
1999.
SENIOR ASSISTANT CITY ATTORNEY CARLYLE AND EXECUTIVE
DIRECTOR VAN OSDEL EXCUSED
At 3:08 p.m., Senior Assistant City Attorney Carlyle and
Executive Director Van Osdel left the council meeting and were
replaced by City Attorney Penman and City Administrator Wilson,
respectively.
20
11/16/1998
RES. 98-325 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF
DEVELOPMENT SERVICES TO EXECUTE A STREAMBED ALTERATION
AGREEMENT WITH THE STATE DEPARTMENT OF FISH AND GAME
RELATING TO SEISMIC RETROFIT OF VARIOUS BRIDGES. (24)
Council Member Miller made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution No. 98-325 was
Ayes: Council Members Estrada,
Miller. Nays: None. Absent:
adopted by the
Lien, Schnetz,
None. Vacant:
following vote:
Devlin, Anderson,
Third Ward.
RECESS MEETING - CLOSED SESSION -
the meeting - pages 1, 12 and 16)
At 3: 10 p. m., the Mayor and Common Council and
Development Commission recessed to closed session
following:
(Discussed earlier in
(1)
Community
for the
Pursuant to Government Code Section:
F. Conference with real property negotiator pursuant to
Government Code Section 54956.8:
Property Address:
247 W. Third Street
Negotiating Parties:
Gary Van Osdel, on behal f of
the Economic Development Agency
and Terrance Moore, on behalf
of Caltrans
Under Negotiation:
Terms, price and conditions
CLOSED SESSION
At 3:10 p.m., Mayor Pro Tem Schnetz called the closed session
to order in the conference room of the Council Chambers of City
Hall.
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Pro Tem Schnetz; Council Members Estrada,
Lien, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City
Clerk Clark, city Administrator Wilson. Absent: None. Vacant:
Third Ward.
Also present: Senior Assistant City Attorney Carlyle and
Development Director Winkler and Executive Director Van Osdel of
the Economic Development Agency.
21
11/16/1998
ADJOURN MEETING/CLOSED SESSION (31)
At 3:22 p.m., the closed session and joint regular meeting
adjourned to 8:00 a.m., Monday, November 23, 1998, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
RACHEL G. CLARK
City Clerk
By
S zanna Cor ova
eputy City Clerk
No. of Items: 31
No. of Hours: 6
22
11/16/1998