HomeMy WebLinkAbout03-06-2000 Minutes
MINUTES
MAYOR AND COMMON COCNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MARCH 6,2000
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by Mayor
Valles at 8:03 a.m., Monday, March 6, 2000, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being present:
Mayor Valles; Council Members Estrada, McGinnis, Suarez, Miller; City Attorney
Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members
Lien, Schnetz, Anderson.
RECESS MEETING - CLOSED SESSION (I)
At 8:03 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):
Joseph M. Diaz. Sr. v. Citv of San Bernardino. et al. - San Bernardino
Superior Court Case No. SCV 48682;
Wvatt Construction v. Citv of San Bernardino. et al. - San Bernardino
Superior Court Case No. SCV 48567.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation pursuant to subdivision (b)(1); 2; (3)(A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation pursuant to subdivision (c) of Government Code Section
54956.9.
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D. Conference with legal counsel - personnel - pursuant to Government
Code Section 54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities pursuant to Government Code Section
54957.
F. Conference with labor negotiator pursuant to Government Code Section
54957.6.
G. Conference with real property negotiator pursuant to Government Code
Section 54956.8.
CLOSED SESSION
At 8:03 a.m., Mayor Valles called the closed session to order in the conference
room of the Council Chambers of City Hall.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being present:
Mayor Valles; Council Members Estrada, McGinnis, Suarez, Miller; City Attorney
Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members
Lien, Schnetz, Anderson.
Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy
City Attorneys Barnes and Banac, Administrative Operations Supervisor Anderson,
City Attorney's Office.
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.
COUNCIL MEMBER ANDERSON ARRIVED
At 8:05 a.m., Council Member Anderson arrived at the closed session.
DEPUTY CITY ATTORNEYS BARNES & BANAC EXCUSED
At 8: 10 a.m., Deputy City Attorneys Barnes and Banac left the closed session.
COUNCIL MEMBER LIEN ARRIVED
At 8: 14 a.m., Council Member Lien arrived at the closed session.
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ADJOURN CLOSED SESSION
At 8:32 a.m., the closed session was adjourned to 9:00 a.m., in the Council
Chambers of City Hall.
RECONVENE MEETING
At 9:01 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor
and Common Council and Community Development Commission.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being present:
Mayor Valles; Council Members Estrada, Lien, McGinnis, Suarez, Anderson, Miller;
City Clerk Clark, City Administrator Wilson. Absem: Council Member Schnetz; City
Attorney Penman.
INVOCATION
The invocation was given by Father Patricio Guillen of Libreria del Pueblo.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Andrew Dean Anderson, grandson of
Councilwoman Betty Dean Anderson.
PRESENTATION - MISS SAN BERNARDINO SCHOLARSHIP
PAGEANT COMMITTEE - 50TH ANNIVERSARY (3)
A resolution was presented to the Miss San Bernardino Scholarship Pageant
Committee on the occasion of the 501h Anniversary of the pageant.
Cathie Weber, chair of this year's pageant, accepted the resolution on behalf of
the Pageant Committee; and each contestant introduced herself and identified her
sponsor.
INAUGURAL CEREMONY - OATHS OF OFFICE & ACCEPTANCE
SPEECHES - THIRD WARD COUNCILMA:--l GORDON MC GINNIS,
FIFTH WARD COUNCILMAN JOE SUAREZ, & SIXTH WARD
COUNCILWOMAN BETTY DEAN ANDERSON - CITY CLERK
RACHEL CLARK - CITY ATTORNEY JAMES PENMAN - CITY
TREASURER DAVID KENNEDY
The Honorable Richard C. Hubbell, Judge of the Superior Court, County of Los
Angeles, administered the Oath of Office to his aunt, City Clerk Rachel G. Clark.
City Clerk Clark administered the Oath of Office to Third Ward Councilman
Gordon McGinnis and Sixth Ward Councilwoman Betty Dean Anderson.
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The Honorable Douglas N. Gericke, Presiding Judge of the Juvenile Court,
County of San Bernardino, administered the Oath of Office to Fifth Ward Councilman
"Joe" V.c. Suarez.
The Honorable Craig S. Kamansky, Judge of the Superior Court, County of San
Bernardino, administered the Oath of Office to City Attorney James F. Penman.
The Honorable John W. Kennedy, Jr., Judge of the Superior Court, County of
San Bernardino, administered the Oath of Office to his brother, City Treasurer David
C. Kennedy.
As the newly-elected/re-elected City officials were administered the Oath of
Office, they thanked their supporters, introduced family members and/or staff
members, and expressed their hopes and plans for the future of the city.
RECESS MEETING - RECEPTION FOR NEWLY-INSTALLED
OFFICIALS
At 9:38 a.m., Mayor Valles recessed the meeting to 10:00 a.m., in the Council
Chambers of City Hall, and a reception was held in honor of the newly-elected/re-
elected City officials.
RECONVENE MEETING
At 10: 12 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, Anderson; City Attorney
Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members
Schnetz, Suarez, Miller.
APPOINTMENTS - HUMAN RELATIONS COMMISSION - PARKS
& RECREATION COMMISSION - COUNCIL MEMBERS
MC GINNIS & SUAREZ (2)
Mayor Valles submitted two staff reports dated February 29, 2000, in which she
recommended the appointment of Rikke Van Johnson to the Human Relations
Commission, as requested by Council Member McGinnis, and the appointment of
William (Bud) Kubesh to the Parks and Recreation Commission as requested by
Council Member Suarez.
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Council Member Estrada made a motion, seconded by Council Member
Anderson, and unanimously carried, that the appointments of Rikke Van Johnson to the
Human Relations Commission and William (Bud) Kubesh to the Parks and Recreation
Commission, as recommended by Council Members McGinnis and Suarez, be
approved.
PUBLIC HEARING - VACATE PORTION OF NORTH/SOUTH
ALLEY BETWEEN 2ND STREET & RIALTO AVENUE, WEST OF
"I" STREET (CALDWELL ALLEY) (23)
Michael E. Hays, Director of Development Services, submitted a staff report
dated February 10, 2000, regarding the vacation of said alley.
Mayor Valles opened the hearing.
No public comments were received.
RES. 2000-41 RESOLUTION OF THE CITY OF SAN
BERNARDINO ORDERING THE VACATION OF A PORTION OF
THE NORTH/SOUTH ALLEY BETWEEN 2ND STREET AND
RIAL TO A VENUE, WEST OF "I" STREET (CALDWELL ALLEY).
(23)
Council Member Anderson made a motion. seconded by Council Member
McGinnis, that the hearing be closed; that the Findings of Fact as set forth in the staff
report from the Director of Development Services, dated February 10, 2000, as to why
a portion of the north/south alley between 2"d Streel and Rialto Avenue, west of "I"
Street (Caldwell Alley) is no longer necessary for public street purposes, be adopted;
and that said resolution be adopted.
The motion carried and Resolution No. 2000-41 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGinnis, Anderson. Nays: None.
Absent: Council Members Schnetz, Suarez, Miller.
PUBLIC HEARING CREATE UNDERGROUND UTILITY
DISTRICT NO. 28 - PORTIONS OF BASE LINE STREET, EAST OF
CALIFORNIA STREET PORTIONS OF PENNSYLVANIA
AVENUE, NORTH OF 9TH STREET (24)
Michael E. Hays, Director of Development Services, submitted a staff report
dated February 29, 2000, regarding formation of Underground Utility District No. 28.
Mayor Valles opened the hearing.
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No public comments were received.
RES. 2000-42 RESOLUTION OF THE CITY OF SAN
BERNARDINO CREATING UNDERGROUND UTILITY DISTRICT
NO. 28, LOCATED ALONG PORTIONS OF BASE LINE STREET
,
EAST OF CALIFORNIA STREET AND ALONG PORTIONS OF
PENNSYLVANIA AVENUE, NORTH OF 9TH STREET, IN THE
CITY OF SAN BERNARDINO. (24)
Council Member Anderson made a motion, seconded by Council Member
McGinnis, that the public hearing relative to the formation of Underground Utility
District No. 28, along portions of Base Line Street, east of California Street, and
portions of Pennsylvania A venue, north of 91h Street, he closed; and that said resolution
be adopted.
The motion carried and Resolution No. 2000-42 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGinnis, Anderson. Nays: None.
Absent: Council Members Schnetz, Suarez, Miller.
PROCLAMATION - AMERICAN RED CROSS MONTH (3)
Teri Rubi, Executive Assistant to the Mayor, read a proclamation proclaiming
the month of March as American Red Cross Month in the City of San Bernardino.
PROCLAMATION - WOMEN'S HISTORY MONTH
(3)
Teri Rubi, Executive Assistant to the Mayor, read a proclamation proclaiming
the month of March as Women's History Month in the City of San Bernardino.
Sandra Medina of the City Clerk's Office accepted the proclamation on behalf
of the Women of Achievement Committee.
ANNOUNCEMENTS - LARRY QUIEL
(4)
Larry Quiel, President of the San Bernardino Area Chamber of Commerce,
thanked Mayor Valles for her State of the City address, reminded everyone to vote on
March 7, and announced various events taking place in the City of San Bernardino over
the next couple of weeks.
ANNOUNCEMENTS - COUNCIL MEMBER LIEN
(4)
Council Member Lien congratulated the more than 2,000 at-risk youth who
participated in the L.A. Marathon; and also extended congratulations to the winner
(whoever it may be) of the Seventh Ward runoff election on Tuesday, March 7.
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COUNCIL MEMBER MILLER RETURNED
At 10:20 a.m., Council Member Miller returned to the Council meeting and
took her place at the Council table.
ANNOUNCEMENTS - COUNCIL MEMBER MC GINNIS (4)
Council Member McGinnis thanked the individuals who are running the Youth
to Youth Program. He also thanked Frank Williams for inviting him to the BIA
Millennium celebration in Long Beach. Mr. Williams is part of the Housing Action
Resource Trust Group, which provides down payments for people for homes without
government assistance--help for people who cannot ontain loans. Mr. Williams can be
reached by calling the BIA at 945-1884.
ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4)
Council Member Anderson encouraged everyone to vote in the March 7
election. She also stressed how important it is that everyone participate in Census
2000, stating that if you need help in completing the forms you may call Focus 92411,
and they will have people ready to help you.
ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4)
Council Member Miller announced that a cleanup day would be held m the
Seventh Ward at Marshall School on Saturday, March 11.
ANNOUNCEMENTS - MAYOR V ALLES
(4)
Mayor Valles made the following remarks/announcements:
Asked for a moment of silence in memory of Edna Rucker, wife of the former
Chief of Police, who recently passed away;
Congratulated Council Member Lien on her participation in the Los Angeles
Marathon;
Congratulated Palm Elementary School for winning the Bravo Award honoring
creativity, innovation and excellence in arts education:
Thanked all who attended, and the Chamber of Commerce for sponsoring, the
Mayor's State of the City Address;
Stated she was pleased to see the turnout at the time capsule ceremony and
thanked everyone who collaborated to make this event a success;
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Congratulated Ken Joswiak and his staff at the Center for Individual
Development (CID) on the occasion of their 20'" anniversary;
Encouraged viewers/residents to read the first quarter edition of News of the
City, which was recently delivered in The San Bernardino County Sun;
Otfered God-speed recovery to Council Member Schnetz, who had recent
shoulder surgery; and
Reminded everyone of the Symphony of the Stars event which will take place on
March 25--a San Bernardino Symphony Concert conducted by Carlo Ponti, Jr.,
followed by dinner and dancing at the Radisson Hotel, hosted by Sophia Loren and
Nolan Miller.
ANNOUNCEMENTS - CITY ATTORNEY PENMAN
(4)
City Attorney Penman encouraged everyone to vote on March 7 and reminded
them of the runoff election in the Seventh Ward.
ANNOUNCEMENTS - CITY CLERK CLARK
(4)
City Clerk Clark also encouraged residents to vote, and advised those who had
not yet turned in their absentee ballots, not to mail the ballot but to hand deliver it to
their polling place or the Registrar of Voters Office.
CONSENT CALENDAR - ANNOUNCEMENT
(4)
Mayor Valles announced that the recommended motion for Agenda Item No. 17
on the Consent Calendar had been changed from "adopt resolution" to "continue the
matter for two weeks."
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES
(5)
Council Member Anderson made a motion, seconded by Council Member
Estrada, and unanimously carried, that full reading of the resolutions and ordinances on
the regular agenda of the Mayor and Common Council/Community Development
Commission be waived.
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COUNCIL MINUTES
(6)
Council Member Anderson made a motion, seconded by Council Member
Estrada, 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, be approved as submitted in typewritten form: December 6, 1999;
December 20, 1999; January 10, 2000.
CLAIMS & PAYROLL
(7)
Council Member Anderson made a motion. seconded by Council Member
Estrada, and unanimously carried, that the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated March 1, 2000, from Barbara
Pachon, Director of Finance, be approved.
PERSONNEL ACTIONS
(8)
Council Member Anderson made a motion. seconded by Council Member
Estrada, and unanimously carried, that the personnel actions as submitted by the Chief
Examiner, dated March 2, 2000, in accordance with Civil Service rules and Personnel
policies adopted by the Mayor and Common Council of the City of San Bernardino, be
approved and ratified.
ORD. MC-I065 - ORDINANCE OF THE CITY OF SAN
BERNARDINO ADDING SECTION 3.44.131 TO THE SAN
BERNARDINO MUNICIPAL CODE AND ESTABLISHING A
UTILITY USER'S TAX REBATE PROGRAM. Final (9)
Council Member Anderson made a motion. seconded by Council Member
Estrada, that said ordinance be adopted.
Ordinance No. MC-I065 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Anderson, Miller. Nays: None. Absent: Council
Members Schnetz, Suarez.
RECEIVE & FILE - 1998/1999 ANNUAL AUDIT - WATER
DEPARTMENT'S WATER & SEWER UTILITIES (10)
City Clerk Clark submitted a staff report dated February 16, 2000,
recommending that the Mayor and Council receive and file said audit report.
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Council Member Anderson made a motion, seconded by Council Member
Estrada, and unanimously carried, that the Mayor and Common Council receive and
file the 1998/1999 Annual Audit of the Water Department's Water and Sewer Utilities.
ORD. MC-I066 - ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN
BERNARDINO MUNICIPAL CODE TO ESTABLISH A FORTY
MILE PER HOUR SPEED LIMIT ON FIFTH STREET BETWEEN
WATERMAN A VENUE AND PEDLEY ROAD. Final (12)
Council Member Anderson made a motion. seconded by Council Member
Estrada, that said ordinance be adopted.
Ordinance No. MC-1066 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Anderson, Miller. Nays: None. Absent: Council
Members Schnetz, Suarez.
DETERMINE PUBLIC CONVENIENCE OR NECESSITY - TYPE 21
LIQUOR LICENSE - SMART & FINAL - 332 WEST BASE LINE
STREET (13)
Michael E. Hays, Director of Development Services, submitted a staff report
dated February 17, 2000, regarding a Type 21 Liquor License for Smart and Final.
Council Member Anderson made a motion. seconded by Council Member
Estrada, and unanimously carried, that the Mayor and Common Council determine that
the public convenience or necessity is served and that the Director of Development
Services be directed to send a letter to the Department of Alcoholic Beverage Control
for a Type 21 (Off-sale General) Liquor License for Smart and Final located at 332
West Base Line Street.
RES. 2000-43 RESOLUTION OF THE CITY OF SAN
BERNARDINO DECLARING ITS INTENTION TO ORDER THE
VACATION OF A PORTION OF LEXINGTON WAY,
SOUTHWESTERLY OF HALLMARK PARKWAY AND
RESERVING EASEMENTS FOR SANITARY SEWER,
WATERLINES AND UTILITIES. (14)
Council Member Anderson made a motion, seconded by Council Member
Estrada, that said resolution be adopted.
Resolution No. 2000-43 was adopted by the following vote:
Members Estrada, Lien, McGinnis, Anderson, Miller. Nays: None.
Members Schnetz, Suarez.
Ayes: Council
Absent: Council
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RES. 2000-44 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A
CONTRACT TO SIGNAL MAINTENANCE, INC. FOR TRAFFIC
SIGNAL MODIFICATION AT THE INTERSECTION OF PACIFIC
STREET AND ARDEN A VENUE PER PLAN NO 10030. (15)
Council Member Anderson made a motion. seconded by Council Member
Estrada, that the Mayor and Common Council authorize the Director of Finance to
amend the 199912000 Capitol Improvement Plan budget and transfer $6,800 from
Account No. 129-367-5504-7155 (Install Street Lights at Base Line Street from Sterling
Avenue to Victoria Avenue) to Account No. 250-370-5504-7170 (Modify Traffic Signal
at Pacific Street and Arden Avenue); and that said resolution be adopted.
The motion carried and Resolution No. 2000-44 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGinnis, Anderson, Miller. Nays:
None. Absent: Council Members Schnetz, Suarez.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
A COOPERATIVE AGREEMENT BETWEEN THE SAN
BERNARDINO CITY FIRE DEPARTMENT AND THE USDA
FOREST SERVICE, SAN BERNARDINO NATIONAL FOREST,
RELATING TO FIRE PROTECTION AND RESCUE SERVICES
WITHIN THE MUTUAL THREAT ZONE. (17)
(Note: The resolution was not distributed with the backup material and,
therefore, will not be available for review.)
Council Member Anderson made a motion. seconded by Council Member
Estrada, and unanimously carried, that the matter be continued to the Mayor and
Council meeting of March 20, 2000.
RES. 2000-45 RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING A 120 DAY CONTRACT EXTENSION
BETWEEN THE SAN BERNARDINO CITY FIRE DEPARTMENT
AND AMERICAN MEDICAL RESPONSE 180-DA Y PILOT
PROGRAM TO ASSESS ENHANCED PRE-HOSPITAL PARAMEDIC
SERVICE. (18)
Council Member Anderson made a motion, seconded by Council Member
Estrada, that said resolution be adopted; and that the Director of Finance be authorized
to amend FY 199912000 budget to reflect a) the continuing reclassification costs of
three firefighter positions to paramedic positions for an additional four months at the
cost of $12,856, and b) reflect the corresponding revenue reimbursement of $12,856 to
be received from American Medical Response (AMRl.
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The motion carried and Resolution No. 2000-45 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGinnis, Anderson, Miller. Nays:
None. Absent: Council Members Schnetz, Suarez.
RES. 2000.46 RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS,
RECREATION AND COMMUNITY SERVICES DEPARTMENT TO
EXECUTE AN AGREEMENT WITH SAN BERNARDINO CITY
UNIFIED SCHOOL DISTRICT TO PROVIDE CONTRACTUAL
SERVICES FOR AFTER-SCHOOL RECREATION PROGRAMS AT
SCHOOL DISTRICT SITES. (19)
Council Member Anderson made a motion. seconded by Council Member
Estrada, that said resolution be adopted.
Resolution No. 2000-46 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Anderson, Miller Nays: None. Absent: Council
Members Schnetz, Suarez.
REJECT ALL BIDS RE-ADVERTISE FOR BIDS
RESURFACING/RENOVATION - NORTON GYM TENNIS COURTS
(20)
Annie Ramos, Director of Parks, Recreation and Community Services,
submitted a staff report dated February 22, 2000, regarding bids for the
resurfacing/renovation of the Norton Gym Tennis Courts.
Council Member Anderson made a motion. seconded by Council Member
Estrada, and unanimously carried, that all bids for resurfacing/renovation of Norton
Gym Tennis Courts be rejected and the Purchasing Manager be authorized to re-
advertise for bids.
ORD. MC-l067 - ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN
BERNARDINO MUNICIPAL CODE TO ESTABLISH A FORTY-
FIVE MILE PER HOUR SPEED LIMIT ON FIFTH STREET
BETWEEN DEL ROSA DRIVE AND TWO-HUNDRED FEET EAST
OF VICTORIA A VENUE. Final (11)
City Attorney Penman advised that previously the backup material was not
sufficient to support this action; however, there is now sufficient documentation
supporting the traffic surveys, enabling the ordinance to withstand any challenges.
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Council Member Lien made a motion, seconded by Council Member Anderson,
that said ordinance be adopted.
Ordinance No. MC-1067 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Anderson, Miller. Nays: None. Absent: Council
Members Schnetz, Suarez.
AMEND 199912000 BUDGET - APPROVE PLAN NO. 10029 -
AUTHORIZE ADVERTISEMENT FOR BIDS STREET
IMPROVEMENTS TRAFFIC SIGNAL MODIFICATION
WATERMAN A VENUE & HOSPITALITY LANE (16)
Michael E. Hays, Director of Development Services, submitted a staff report
dated January 13, 2000, regarding approval of plans and authorization to advertise for
bids for street improvements and traffic signal modilication at Waterman Avenue and
Hospitality Lane.
Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, questioned
whether the traffic signal was being upgraded for people with hearing and visual
impairments. He was advised by staff that this was being done.
Council Member Anderson made a motion. seconded by Council Member
Estrada, and unanimously carried, that the Mayor and Common Council authorize the
Director of Finance to amend the 1999/2000 budget to reflect increased funding for
Project 7070--Street Improvements and Traffic Signal Modification--Waterman Avenue
and Hospitality Lane--of $94,000 from Account No. 250-370-5504-7146 and $149,400
from Account No. 129-367-5504-7153.
RES. 2000-47 - A RESOLUTION OF THE CITY OF SAN
BERNARDINO ENTERING INTO AN INTERIM AGREEMENT FOR
TOW SERVICES WITH SAN BERNARDINO TOWING
CONSISTENT WITH RESOLUTION 1999-86. (21)
Submitted into the record was a letter dated March 6, 2000, from Robert Z.
Corrado, General Counsel for Elite Towing, Inc., requesting that the City also enter
into an interim agreement with Elite Towing.
Thomas Rutherford, 13643 Cabrillo Court, Fontana, CA, speaking for Elite
Towing, stated that they were a business coming back to San Bernardino and requested
the Council to review their paperwork relative to an interim agreement for towing
services with their company.
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Tom McGraw, 8959 Alder Avenue, Fontana, CA, stated that the staff report as
written might lead one to the misunderstanding that their company is not in good
standing with the Highway Patrol. He stated they have been serving law enforcement
for the last ten years and to his knowledge they have never been under any kind of a
cloud with any of the organizations they have served.
City Attorney Penman advised that in the staff report the last sentence in the
first paragraph under Danny's Towing reads, "Therefore, notwithstanding an appeal
before the City Council, the agreement between Danny's Towing and the City will
terminate on March 15, 2000. This sentence should read, "Therefore, subject to an
appeal to the City Council, the agreement between Danny's Towing and the City will
terminate on March 15, 2000."
Council Member Estrada made a motion, seconded by Council Member
Anderson, that said resolution be adopted.
Resolution No. 2000-47 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Anderson, Miller Nays: None. Absent: Council
Members Schnetz, Suarez.
CITY ATTORNEY PENMAN EXCUSED
At 10:45 a.m., City Attorney Penman left the Council meeting and was replaced
by Senior Assistant City Attorney Carlyle.
RECEIVE & FILE - MID-YEAR BUDGET REPORT - FY 199912000
(22)
Barbara Pachon, Director of Finance, submitted a staff report dated March 6,
2000, recommending that the Mayor and Council receive and file the mid-year budget
report for FY 199912000.
City Administrator Wilson noted that this item had gone to the Ways and Means
Committee; however, the real purpose of this report is to keep the Mayor and Council
informed about the City's current financial condition. He stated that the revised
estimate for this fiscal year will be an ending reserve fund balance of approximately
$7.3 million. Of that amount, $4.1 million has been designated as budgeted reserve.
Council Member Estrada expressed two concerns: 1) that this is a mid-year
budget check taking place three-quarters into the fiscal year; and 2) from a policy
standpoint it would appear that there should be a workshop to ascertain the use of
whatever monies the City has, or if emergency transfers are needed, then this could be
done. She stated that she understood the need for a reserve; however, she felt it would
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be appropriate to address these concerns in a workshop setting, where it would be
possible to look at everything in detail and make some policy decisions.
Discussion ensued regarding the process involved in preparing the mid-year
budget report, and the idea of a yearly mid-year budget review involving the whole
Council, at which time they could make other recommendations, if appropriate.
Council Member Anderson made a motion. seconded by Council Member
Estrada, and unanimously carried, that a workshop be scheduled for the Mayor and
Council to review/discuss the mid-year budget report for FY 199912000. (Note: The
workshop was subsequently scheduled for 9:00 a.m., March 15, 2000, in the Economic
Development Agency Board Room.)
RECESS MEETING
At 11:02 a.m., Mayor Valles declared a five-minute recess.
RECONVENE MEETING
At 11: 13 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, Suarez, Anderson, Miller;
Deputy City Attorney Empeno, City Clerk Clark, CilY Administrator Wilson. Absent:
Council Member Schnetz.
PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 99-07 -
CHANGE LAND USE DESIGNATION - 2.97 ACRES - FROM CCS-
1, CENTRAL CITY SOUTH (GENERAL RETAIL) - TO CCS-2,
CENTRAL CITY SOUTH (SERVICE COMMERCIAL) - 420 SOUTH
"E" STREET - CROSS FAMILY TRUST (32)
Michael E. Hays, Director of Development Services, submitted a staff report
dated January 27, 2000, recommending approval of General Plan Amendment No. 99-
07.
Mayor Valles opened the hearing.
Mr. Cross, P.O. Box 729, Fontana, CA, reviewed his plans for the use of said
property.
No public comments were received.
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RES. 2000-48 RESOLUTION OF THE CITY OF SAN
BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO.
99-07 TO THE GENERAL PLAN OF THE CITY OF SAN
BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE
DESIGNATION FROM CCS-l, CENTRAL CITY SOUTH (GENERAL
RETAIL), TO CCS-2, CENTRAL CITY SOUTH (SERVICE
COMMERCIAL), FOR 2.97 ACRES ABOUT 430 FEET NORTH OF
THE INTERSECTION OF MILL STREET AND "E" STREET,
BEING IDENTIFIED AS 420 SOUTH "E" STREET. (32)
Council Member McGinnis made a motion. seconded by Council Member
Anderson, that the hearing be closed; and that said resolution be adopted.
The motion carried and Resolution No. 2000-48 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGinnis, Suarez, Anderson, Miller.
Nays: None. Absent: Council Member Schnetz.
RES. 2000-49 RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING THE REHABILITATION AND
ADAPTIVE REUSE PLAN FOR THE SA]\; BERNARDINO SANTA
FE DEPOT LOCATED AT 1170 WEST 3RD STREET IN THE IH,
INDUSTRIAL HEAVY, LAND USE DESIGNATION. (33)
Deborah Woldruff, Associate Planner, Development Services, provided
background information regarding what has transpired thus far in the endeavor to
rehabilitate, restore and adaptively reuse the Santa Fe Depot. She noted that funding
for the project is a mix of grant monies and match monies, including a $25,000 Great
American Train Foundation grant.
Mr. Wayne Donaldson, 530 Sixth Avenue, San Diego, CA, consultant hired to
do the Adaptive Reuse Study, stated that the area of potential effect was decided by
Caltrans, and this is the area for which the funds must be used. He advised that four
items had to be met in terms of the grant--l) maintain the historic integrity, 2) meet the
government constraints, 3) be consistent with major public planning policies within the
city, and 4) create uses that are sustainable in terms of market and economic studies
which have been done. Additionally, the reuse must he compatible with rail operations.
He pointed out that in studying other similar projects, it became apparent that
the transit users do not use the services; therefore, it is important to select the right
tenants for the building. This might include transit offices, public/government offices,
meeting/conference rooms, education center for vocational training, a museum, etc.
Discussion ensued regarding the amount of time it will take to get the project up
and running, what efforts would be made to save memorabilia from the station, and
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development of the area across the street from the depot. Concern was expressed that
this project is being compared to the station in Santa Ana, which is a regional
transportation hub, very different from San Bernardino's depot; the City's role in
subsidizing potential tenants; and the overall traffic situation that the City will have to
address while the bridge is being rebuilt and the depot is being rehabilitated.
Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, inquired about
reuse of the second floor of the depot, pointing out that a change in use would
necessitate the installation of an elevator.
Mr. Donaldson acknowledged that Mr. Neves was correct on this point, stating
that they plan to be in full compliance.
Kenneth Littleton, 27971 Stratford, Highland, CA, president of The
Roundhouse Gang railroad club, requested that the Council consider a place for their
club to meet once or twice a week to build a model railroad at the depot.
Council Member Anderson made a motion. seconded by Council Member
Suarez, that said resolution be adopted.
Resolution No. 2000-49 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Suarez, Anderson, Miller. Nays: None. Absent:
Council Member Schnetz.
ORDINANCE OF THE CITY OF SAN BERNARDINO DISSOLVING
COMMUNITY FACILITIES DISTRICT NO. 995. First (25)
Council Member McGinnis made a motion. seconded by Council Member
Anderson, and unanimously carried, that the matter be continued to the Mayor and
Council meeting of April 17, 2000.
AUTHORIZATION TO PROCEED - 1913 ACT ACQUISTION
ASSESSMENT DISTRICT - OFF-SITE IMPROVEMENTS - TRACT
NO. 10260 - TENTATIVE TRACT NO. 14112 (Continued from
February 22, 2000) (28)
John Pavelak, Century Crowell Communities, 1535 South "D" Street, San
Bernardino, CA, advised that it is his desire to build high-income homes in the city.
He noted that 99 percent of cities now rely on assessment districts for financing of
public improvements.
The following individuals, representing local landowners, submitted speaker
slips in support of this item:
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Domenic Muni, 1802 East "G" Street, Ste. G, Ontario, CA.
Barry Mason, 188 N. Euclid Avenue, Upland, CA.
Ernest Vincent, Century Crowell Communities, 1535 South "D" Street, San
Bernardino, CA.
CITY CLERK CLARK EXCUSED
At 12:10 p.m., City Clerk Clark left the Council meeting and was replaced by
Deputy City Clerk Medina.
Discussion followed regarding the quality of the proposed developments, the
need for higher-end homes in the city of San Bernardino, the number of lots in each
development, and the amount of the proposed assessment.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 12:13 p.m., Deputy City Attorney Empeno left the Council meeting and was
replaced by City Attorney Penman.
Council Member Estrada made a motion, seconded by Council Member Lien,
and unanimously carried, that the Director of Development Services and the City Clerk
be authorized to proceed with the formation of Acquisition Assessment District No.
1026, pursuant to the Municipal Improvement Act of 1913 for off-site improvements
relative to the development of Tract No. 10260 and Tentative Tract No. 14112; and
that the Director of Development Services be authorized and directed to prepare
agreements for Bond Counsel with the firm of Sabo and Green; for investment banking
services with the firm of Miller and Schroeder; and for assessment engineer with the
firm of GBF-Friedrich & Associates relative to the formation of Assessment District
No. 1026.
AUTHORIZATION TO JOIN - AMICUS BRIEF - SUPPORT OF
COUNTY OF LOS ANGELES (26)
City Attorney Penman submitted a staff report dated March 2, 2000,
recommending that the City join amicus brief in support of the County of Los Angeles
in the case of Swenson vs. County of Los Angeles.
Council Member Miller made a motion, seconded by Council Member
Anderson, and unanimously carried, that the Mayor and Common Council authorize the
City Attorney to join amicus brief in support of the County of Los Angeles.
RES. 2000-50 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO IN SUPPORT OF
SENATE RESOLUTION 237 - IN SUPPORT OF THE CONVENTION
ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION
AGAINST WOMEN (CEDA W). (27)
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Council Member Miller made a motion, seconded by Council Member
McGinnis, that said resolution be adopted.
Resolution No. 2000-50 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Suarez, Anderson, Miller. Nays: None. Absent:
Council Member Schnetz.
REQUEST TO CONTINUE - RESOLUTION APPROVING FINAL
MAP - TENTATIVE TRACT NO. 14112 - NORTHEASTERLY OF
INTERSECTION OF FOOTHILL DRIVE & STERLING A VENUE
(29)
Michael E. Hays, Director of Development Services, submitted a staff report
dated February 28, 2000, recommending continuance of the final map for Tentative
Tract No. 14112.
Council Member Miller made a motion, seconded by Council Member
Anderson, and unanimously carried, that the Final Map for Tentative Tract No. 14112
be continued to the Mayor and Council meeting of June 5, 2000.
RES. 2000-51 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF SAN BERNARDINO APPROVING A SUBLEASE OF
CERT AIN CITY PROPERTY LEASED TO THE BOYS CLUB
(COUNTY PRESCHOOL SERVICES). (Continued from February
22, 2000) (30)
RES. 2000-52 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF SAN BERNARDINO APPROVING A SUBLEASE OF
CERTAIN CITY PROPERTY LEASED TO THE BOYS CLUB
(COUNTY BEHAVIORAL HEALTH). (Continued from February
22, 2000) (31)
Council Member Anderson made a motion. seconded by Council Member
Miller, that said resolutions be adopted.
Resolution Nos. 2000-51 and 2000-52 were adopted by the following vote:
Ayes: Council Members Estrada, Lien, McGinnis, Suarez, Anderson, Miller. Nays:
None. Absent: Council Member Schnetz.
RECESS MEETING
At 12:24 p.m., Mayor Valles recessed the meeting to 2:00 p.m. in the Council
Chambers of City Hall.
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RECONVENE MEETING
At 2:04 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, Suarez, Anderson, Miller;
Senior Assistant City Attorney Carlyle, Economic Development Agency Special
Counsel Sabo, City Clerk Clark, Economic Development Agency Executive Director
Van Osdel. Absent: Council Member Schnetz.
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 2:04 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.
RES. CDC/2000-4 - RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVI:-.lG AN AMENDMENT,
AND AUTHORIZING EXECUTION THEREOF, TO THE
AGREEMENT WITH WELLS FARGO BANK, NATIONAL
ASSOCIATION, FOR CERTAIN LINES OF CREDIT. (R34)
Council Member Lien made a motion, seconded by Council Member Estrada,
that said resolution be adopted.
Resolution No. CDC12000-4 was adopted by the following vote:
Council Members Estrada, Lien, McGinnis, Suarez, Anderson. Nays:
Abstain: Council Member Miller. Absent: Council Member Schnetz.
Ayes:
None.
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RES. CDC/2000-5 - RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION APPROVING AMENDMENT NO.
1 TO THE 1999 DISPOSITION AND DEVELOPMENT
AGREEMENT (CALIFORNIA BIO-MASS, INC.) AND EXTENDING
THE COMPLETION OF THE DUE DILIGENCE PERIOD TO A
NEW DATE. (R35)
Council Member McGinnis made a motion. seconded by Council Member
Suarez, that said resolution be adopted.
Resolution No. CDC12000-5 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Suarez, Anderson, Miller. Nays: None.
Absent: Council Member Schnetz.
ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO
AND EXECUTIVE DIRECTOR V AN OSDEL EXCUSED
At 2:07 p.m., Economic Development Agency Special Counsel Sabo and
Executive Director Van Osdelleft the Council meeting.
PUBLIC COMMENTS
(36)
Paul Sanborn, Sanborn Fire Protection & Mechanical Contractors, 267 South
"D" Street, San Bernardino, CA, distributed a handout to the Mayor and Council titled,
"Fire Sprinklers Save Lives, Fire Sprinklers Save Property" regarding incentives to
promote the installation of fire sprinklers in every home being built.
Larry Singleton, a local resident, spoke regarding current methods used by
authorities to force the payment of child support.
Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA, distributed
pictures of the business located at 2333 Sterling Avenue, which showed that the ramp
up to the business is not accessible to the handicapped. He also advised that Brian
Crain of Mobile Help, who retrofits vehicles for the handicapped, is trying to get a
conditional use permit so that he can sell these vehicles; and he urged the Council to
look favorably on Mr. Crain's request.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, distributed a couple of
undated handouts to the Mayor and Council and spoke regarding the role of the media
in local corruption.
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~
ADJOURNMENT (37)
At 2:25 p.m., the JOint regular meeting of the Mayor and Common
Council/Community Development Commission adjourned to 9:00 a.m., Wednesday,
March 15, 2000, in the Economic Development Agency Board Room, 201 North "E"
Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
By ~~. If4-P
Linda E. Hartzel
Deputy City Clerk
No. of Items: 37
No. of Hours: 5 hrs.
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