HomeMy WebLinkAbout08-16-1999 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
AUGUST 16, 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
Pro Tern Anderson at 8:08 a.m., Monday, August 16, 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 Pro Tern Anderson; Council Members Estrada, Lien, McGinnis, Schnetz,
Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator
Wilson. Absent: Mayor Valles. Vacancy: Fifth Ward.
RECESS MEETING - CLOSED SESSION - (Discussed later in the
meeting - pages 18 & 21) (1)
At 8:08 a.m., the Mayor and Common Council and Community Development
Commission recessed to closed session for the following:
Pursuant to Government Code Sections:
A. Conference with legal counsel - existing litigation pursuant to
Government Code Section 54956.9(a):
Robvn Lvnn Courtnev vs. Citv of San Bernardino - Superior Court Case
No. SBCI45022;
Naail Anwva. et al. vs. Citv of San Bernardino. et al. - San Bernardino
Superior Court Case No. SCV 49495;
Shirlev Goodwin vs. Citv of San Bernardino. et al. - United States
District Court Case No. EDVC 98-66 RT (V APx).
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.
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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. 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:
Property Address:
APN #278-061-54, 68, 74 & 75
APN #278-201-22 through 34
Negotiating Parties:
Gary Van Osdel on behalf of the Economic
Development Agency and Sam Racadio,
City Manager, City of Highland
Under Negotiations:
Purchase terms and conditions
CLOSED SESSION
At 8:08 a.m., Mayor Pro Tern Anderson 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 Tern Anderson; Council Members Estrada, Lien, McGinnis, Schnetz,
Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator
Wilson. Absent: Mayor Valles. Vacancy: Fifth Ward.
Also present: Senior Assistant City Attorney Simmons, Deputy City Attorneys
Empeno and Easland, Paralegal Greenleaf and Edna Anderson, Administrative
Operations Supervisor, City Attorney's Office.
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
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Development Commission/San Bernardino Joint Powers Financing Authority/San
Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino
Associated Communities Financing Authority while the Mayor and Common Council
and Community Development Commission were in closed session.
DEPUTY CITY ATTORNEY EASLAND EXCUSED
At 8: 13 a.m., Deputy City Attorney Easland left the closed session.
DEVELOPMENT SERVICES DIRECTOR HAYS ARRIVED
At 8: 13 a.m., Development Services Director Hays arrived at the closed
session.
DEVELOPMENT SERVICES DIRECTOR HAYS EXCUSED
At 8:25 a.m., Development Services Director Hays left the closed session.
ADJOURN CLOSED SESSION
At 8:45 a.m., the closed session adjourned to the Council Chambers of City
Hall.
RECONVENE MEETING
At 9:01 a.m., Mayor Pro Tern Anderson 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 Tern Anderson; Council Members Estrada, Lien, McGinnis, Schuetz,
Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator
Wilson. Absent: Mayor Valles. Vacancy: Fifth Ward.
INVOCATION
The invocation was given by Reverend Kendall Clark Baker of the First
Congregational United Church of Christ.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Lien.
APPOINTMENTS
(2A-C)
COUNCIL MEMBER MILLER
Council Member McGinnis - Personnel Committee
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COUNCIL MEMBER ANDERSON
Anna Mae Owens - Community Television Commission
MAYOR VALLES
Cecilia "Toni" Callicott - Board of Water Commissioners
Council Member McGinnis made a motion, seconded by Council Member
Miller, and unanimously carried, that the appointment of Council Member McGinnis to
the Personnel Committee, Anna Mae Owens to the Community Television Commission
and Cecilia "Toni" Callicott to the Board of Water Commissioners, as requested by
Council Members Miller, Anderson, and Mayor Valles, be approved.
PRESENTATIONS - SPORTSMANSHIP CERTIFICATES - TEAM
PARTICIPANTS - WESTERN REGIONAL LITTLE LEAGUE (3)
Teri Rubi, Executive Assistant to the Mayor, introduced Mike Legge, Regional
Director of Western Regional Little League, and his assistant, John Lally.
Mr. Legge introduced representatives from the 14 championship teams from the
13 western states vying to become the Western Regional Little League Champs who
will go on to compete in the Little League World Series in Williamsport, Pennsylvania.
Mr. Legge acknowledged the loss of Council Member Jerry Devlin and
presented the Mayor and Council with pins representing each team in the Western
Regional Little League. Sportsmanship certificates were awarded to each of the
participants.
PRESENTATIONS 4TH ANNUAL SCHOLARSHIP AWARD
WINNERS - SAN BERNARDINO CONFIDENTIAL MANAGEMENT
ASSOCIATION (SBCMA) (3)
John Murphy, President, San Bernardino Confidential Management Association
(SBCMA), explained the composition of the association and how the funds were raised
through the annual golf tournament. He acknowledged Donna Ward, Golf Tournament
Coordinator, for her diligence, Rita West, Treasurer, and Millicent Price, Scholarship
Coordinator.
Millicent Price, Scholarship Coordinator, reviewed the selection process,
acknowledged the judges and introduced the following scholarship winners:
Andrew Paul Rignes, winner of the scholarship for an entering freshman
attending a four year college.
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Joan M. Wesling, winner of the scholarship for an entering freshman entering a
community college.
Richard M. Mendoza, winner of the scholarship for an existing college student.
PRESENTATIONS - CERTIFICATES OF APPRECIATION - SAN
BERNARDINO EMPLOYMENT & TRAINING AGENCY (SBET A) -
YOUTH DEVELOPMENT PROJECT CAMP (3)
Ernest Dowdy, Executive Director, San Bernardino Employment & Training
Agency (SBETA), explained the purpose and makeup of the Youth Development
Project Camp and introduced Jose DeLeon, Life Experience Leader.
Jose De Leon reviewed the activities the students participated in and expressed
his appreciation to the Mayor and Council.
The following students were presented with a Certificate of Appreciation:
Jayshawn Johnson, San Gorgonio High School, who served as Mayor
Branden Williams, Cajon High School, who served as a Judge
Dawon Moreno, Pacific High School, who served as the Police Chief
Kristie Thompson, San Gorgonio High School. who served as the Prosecutor
Deshawn Pitchford, San Bernardino High School, who served as Director of
Environmental Control
INTRODUCTION - BOOK OF ACTS CHURCH
(3)
Pat Tyler, Project Coordinator, Book of Acts Church, 7480 Sterling Avenue,
San Bernardino, CA, made a presentation regarding the tutoring, mentoring, food and
shelter programs available through the church.
PROCLAMATION - SEPTEMBER 1999 - AMERICA GOES BACK
TO SCHOOL MONTH (3)
Mayor Pro Tern Anderson read a proclamation proclaiming the month of
September 1999 as "America Goes Back to School Month" within the City of San
Bernardino.
Barbara J. Kidd, Director of Communications and Community Relations for San
Bernardino City Unified School District, accepted the proclamation.
ANNOUNCEMENTS - GRAND OPENINGS
(4)
Judi Penman, Executive Director of the San Bernardino Area Chamber of
Commerce, announced the following businesses who are having their grand openings:
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Green Shack, 163 W. Highland Avenue - August 19.
McDonald's Historical Museum, 1398 North "D" Street - August 28.
SERVICE PIN AWARDS
(3)
Teri Rubi, Executive Assistant to the Mayor. read the names of the following
employees who received service pin awards in gratitude of their many years of
dedicated service to the city:
Name Department Years of Service
Venus Williams Code Compliance 20-year pin
Geri Franske Development Services 5-year pin
Roy Gonzales Development Services lO-year pin
Rosemary Torres Parks, Recreation and lO-year pin
Community Services
Tim Sapien Parks, Recreation & 15-year pin
Community Services
Ronnie Ybarra Parks, Recreation & 15-year pin
Community Services
Joseph Sandoval Parks, Recreation & 20-year pin
Community Services
John Rose Parks, Recreation & 25-year pin
Community Services
Steve Desrochers Police 5-year pin
Joseph Shuck Police 5-year pin
Thomas Sharp Police 15-year pin
Eric Morales Police 20-year pin
John Munoz Police 20-year pin
Renato Giannini Police 20-year pin
Lynn Merrill Public Services 5-year pin
Saul Juarez Public Services 15-year pin
Barbara Froton San Bernardino Employment 15-year pin
& Training Agency
Each employee received a service pin presented by Mayor Pro Tern Anderson.
ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4)
Council Member Miller reviewed the events associated with the cleanup day
held in the Seventh Ward.
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ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4)
Council Member Estrada announced the opening of the following businesses and
encouraged the residents to patronize the establishments:
Enchanted Garden located on Fifth Street between Mt. View and Arrowhead
Avenues.
Ernie's Grill between Court and 4th Streets.
She also announced that the Salute to the Route would also be part of the
activities available at this year's Route 66 Rendezvous, acknowledged the reduction in
crime and stated that the next First Ward cleanup day will be August 28 at the Mill
Street Center located on Waterman Avenue. The cleanup day will be hosted by the
Rudy McGregor Valley View Neighborhood Association.
ANNOUNCEMENTS - COUNCIL MEMBER LIEN
(4)
Council Member Lien stated that San Bernaruino has been selected as 1 of 15
sites to hold a public hearing on the CALFED Plan. The various entities have worked
hard to come up with a means to address the problems in the Bay Delta which affects
the water supply in Southern California. The hearing will take place on August 19,
from 6-9 p.m., in the Council Chambers of City Hall. She encouraged everyone to
attend and participate.
ANNOUNCEMENTS - MAYOR PRO TEM ANDERSON (4)
Mayor Pro Tern Anderson stated that the second annual Just Do It Day (cleanup
day) will be September 11, 1999. If anyone would like to participate, please call Nick
Gonzales at 384-5133.
ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4)
Council Member Anderson stated that the Fiesta Market, located at the corner
of Base Line and Medical Center Drive, had its ribbon cutting ceremony, and she has
received many positive remarks as a result of its opening. She also reviewed the events
associated with the Sixth Ward cleanup day held on August 7.
ANNOUNCEMENTS - CITY CLERK CLARK
(4)
City Clerk Clark announced that the final game of the Western Regional Little
League would take place on Thursday, August 19.
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WAIVE FULL READING OF RESOLUTIONS & ORDINANCES
(5)
Council Member Miller made a motion, seconded by Council Member
McGinnis, and unanimously carried, that full reading of the resolutions and ordinances
on the regular agenda of the Mayor and Common Council, Community Development
Commission, San Bernardino Joint Powers Financing Authority, San Bernardino Park
Acquisition Joint Powers Financing Authority and San Bernardino Associated
Communities Financing Authority be waived.
CLAIMS & PAYROLL
(6)
Council Member Miller made a motion, seconded by Council Member
McGinnis, and unanimously carried, that the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated August 11, 1999, from Barbara
Pachon, Director of Finance, be approved.
PERSONNEL ACTIONS
(7)
Council Member Miller made a motion, seconded by Council Member
McGinnis, and unanimously carried, that the personnel actions as submitted by the
Chief Examiner, dated August 10, 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.
AUTHORIZE BUDGET AMENDMENT - FISCAL YEAR 1999/2000-
$32,600 - FOR FISCAL YEAR 1997/1998 SIXTH WARD RECALL
PETIITION & 1998/1999 THIRD WARD SPECIAL ELECTION (8)
City Clerk Rachel Clark submitted a staff report dated August 5, 1999,
requesting authorization to amend the fiscal year 1999/2000 budget to cover the costs
associated with the 1997/1998 Sixth Ward recall petition and the 1998/1999 Third
Ward Special Election.
Council Member Miller made a motion, seconded by Council Member
McGinnis, and unanimously carried, that the Director of Finance be authorized to
amend the fiscal year 1999/2000 budget to appropriate $32,600 from the undesignated
fund balance in the General Fund and to increase the City Clerk's Elections budget by
$32,600 to cover the costs for the fiscal year 1997/1998 Sixth Ward recall petition and
the fiscal year 1998/1999 Third Ward Special Election.
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RES. 1999-200 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF SECOND
AMENDMENT TO THE AGREEMENT WITH FOX
OCCUPATIONAL MEDICAL CENTER RELATING TO MEDICAL
SERVICES. (9)
ORD. MC-I054 - ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING SECTIONS 19.06.01O(2)(G), 19.06.020,
TABLE 06.01, AND 19.10.030(3) OF THE SAN BERNARDINO
MUNICIPAL CODE (DEVELOPMENT CODE) TO REVISE THE
DEVELOPMENT STANDARDS AND PERMITTED USES AND
INCORPORATE DESIGN GUIDELINES, AS PER THE PAS EO LAS
PLACITAS SPECIFIC PLAN FOR CERTAIN AREAS ALONG
MOUNT VERNON A VENUE. Final (11)
RES. 1999-201 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED,
IN PART, "A RESOLUTION... PROHIBITING PARKING UPON
CERTAIN DESIGNATED STREETS, ALLEYS, OR PORTIONS
THEREOF..." TO ESTABLISH A NO PARKING ANY TIME ZONE
ON THIRD STREET BETWEEN SIX-HUNDRED FEET EAST OF
WATERMAN AVENUE AND THIRTEEN-HUNDRED FEET EAST
OF WATERMAN AVENUE, APPLICABLE TO THE SOUTH SIDE
ONLY. (12)
ORD. MC-I055 - AN ORDINANCE OF THE CITY OF SAN
BERNARDINO AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF
THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE
CITY OF SAN BERNARDINO. Final (16)
Council Member Miller made a motion, seconded by Council Member
McGinnis, that said resolutions and ordinances be adopted.
Resolution Nos. 1999-200 and 1999-201 and Ordinance Nos. MC-I054 and
MC-1055 were adopted by the following vote: Ayes: Council Members Estrada, Lien,
McGinnis, Schnetz, Anderson, Miller. Nays: None" Absent: None. Vacancy: Fifth
Ward.
AUTHORIZE - PARKS, RECREATION & COMMUNITY SERVICES
- APPLY & ACCEPT GRANT FUNDS - $70,000 - EMERGENCY
FOOD & SHELTER NATIONAL PROGRAM FUND - FEMA XVIII
(17)
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Annie F. Ramos, Director of Parks, Recreation and Community Services,
submitted a staff report dated August 4, 1999, requesting authorization for the director
to apply and accept grant funds in the amount of $70,000 from the Emergency Food
and Shelter National Program (FEMA XVIII).
Council Member Miller made a motion, seconded by Council Member
McGinnis, and unanimously carried, that the Parks, Recreation and Community
Services Department Director be authorized to apply for and administer $70,000 of
emergency food and shelter funds provided under the provision of the Emergency Food
and Shelter National Program (FEMA XVIII).
AUTHORIZE - REJECT ALL BIDS -- BID NO. F-OO-l1 -
PURCHASE OF AUTOMOTIVE PARTS & SUPPLIES - REVISE BID
SPECIFICATIONS & RE-BID (19)
Lynn Merrill, Director of Public Services, submitted a staff report dated July
26, 1999, concerning Bid No. F-OO-ll.
Council Member Miller made a motion, seconded by Council Member
McGinnis, and unanimously carried, that all bids submitted in response to Bid No. F-
00-11 for the purchase of automotive parts and supplies be rejected; and that the
Purchasing Manager be directed to revise the bid specifications and to re-bid for these
parts and supplies.
RES. 1999-202 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF PURCHASE
ORDERS BETWEEN THE CITY OF SAN BERNARDINO AND
COLTON TRUCK SUPPLY, CARTER COMPANY AND
ASSOCIATED TRUCK PARTS FOR HEAVY DUTY TRUCK PARTS
TO BE UTILIZED BY THE FLEET DIVISION OF THE PUBLIC
SERVICES DEPARTMENT. (20)
RES. 1999-203 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AN ANNUAL PURCHASE ORDER
TO CALIFORNIA TURF FOR MAINTENANCE, SUPPLIES AND
SERVICES OF "TORO" LA WNMOWERS, UTILIZED BY THE
FLEET DIVISION OF THE PUBLIC SERVICES DEPARTMENT.
(21)
RES. 1999-204 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING AN ANNUAL PURCHASE ORDER TO
AMREP, INC. FOR SERVICES AND MATERIALS TO SUPPORT
THE CITY'S REFUSE FLEET TO BE UTILIZED BY THE FLEET
DIVISION OF THE PUBLIC SERVICES DEPARTMENT. (22)
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RES. 1999-205 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AN ANNUAL PURCHASE ORDER
TO TOTER, INCORPORATED, FOR AUTOMATED RESIDENTIAL
REFUSE CARTS. (23)
RES. 1999-206 - RESOLUTION OF THE CITY OF SAN
BERNARDINO, AUTHORIZING THE EXECUTION OF A
PURCHASE ORDER BETWEEN THE CITY OF SAN BERNARDINO
AND POMA DISTRIBUTING COMPANY FOR PURCHASE OF
AUTOMOTIVE, HEAVY TRUCK AND HEAVY EQUIPMENT
LUBRICANTS TO BE UTILIZED BY THE FLEET DIVISION OF
PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN
BERNARDINO. (24)
RES. 1999-207 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
PURCHASE ORDER BETWEEN THE CITY OF SAN BERNARDINO
AND HYDRA FORCE, INC., FOR HYDRAULIC CYLINDER
MANUFACTURING, REPAIR AND SERVICE TO BE UTILIZED BY
THE FLEET DIVISION OF PUBLIC SERVICES DEPARTMENT OF
THE CITY OF SAN BERNARDINO. (25)
RES. 1999-208 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
PURCHASE ORDER BETWEEN THE CITY OF SAN BERNARDINO
AND KAMAN INDUSTRIAL TECHNOLOGIES CORPORATION
FOR GATES HOSES, HYDRAULIC FITTINGS AND BEARINGS
FOR THE CITY'S HEAVY EQUIPMENT FLEET TO BE UTILIZED
BY THE FLEET DIVISION OF PUBLIC SERVICES DEPARTMENT
OF THE CITY OF SAN BERNARDINO. (27)
Council Member Miller made a motion, seconded by Council Member
McGinnis, that said resolutions be adopted.
Resolution Nos. 1999-202, 1999-203, 1999-204, 1999-205, 1999-206, 1999-207
and 1999-208 were adopted by the following vote: Ayes: Council Members Estrada,
Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent: None. Vacancy:
Fifth Ward.
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RES. 1999-209 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
PURCHASE ORDER BETWEEN THE CITY OF SAN BERNARDINO
AND H & H CITRUS, INC., AND SCOTT TRACTOR SERVICE
RELATING TO DISCING OF VACANT PROPERTIES FOR WEED
ABATEMENT PURPOSES. (10)
Council noted that bids were not received from local contractors and they are
working to achieve a better response.
Glenn Baude, Code Compliance Director, answered questions regarding the bid
process and services to be performed by the contractors.
Council Member Schnetz made a motion, seconded by Council Member Miller,
that said resolution be adopted as amended to award a purchase order to H & H Citrus,
Inc., and Scott Tractor Service, only.
The motion carried and Resolution No. 1999-209, as amended, was adopted by
the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz,
Anderson, Miller. Nays: None. Absent: None. Vacancy: Fifth Ward.
AUTHORIZE PROCEEDINGS - SALE OF CITY & WATER
DEPARTMENT PROPERTY NORTHWEST CORNER OF
KENDALL DRIVE & UNIVERSITY PARKWAY (13)
Michael E. Hays, Director of Development Services, submitted a staff report
dated August 3, 1999, concerning the sale of city and Water Department property
located at the northwest corner of Kendall Drive and University Parkway.
Director Hays answered questions regarding the sale of said property.
Council Member Estrada made a motion, seconded by Council Member Miller,
and unanimously carried, that the Director of Development Services be authorized to
proceed with the sale of City property located at the northwest corner of Kendall Drive
and University Parkway, known as Assessor's Parcels 0151-241-03, 0151-241-12 and
0266-115-14 and do all things necessary to conclude the sale, including the payment of
appraisal and title fees and other appurtenant costs not to exceed $7,500.00
AUTHORIZE PROCEEDINGS - VACATE PORTION OF PUMALO
STREET - EAST OF DEL ROSA AVENUE - APPROVE PLAN NO.
9991 (14)
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Michael E. Hays, Director of Development Services, submitted a staff report
dated July 21, 1999, concerning the vacation of a portion of Pumalo Street, east of Del
Rose Avenue.
City Attorney Penman requested that the matter be continued.
Council Member Miller made a motion, seconded by Council Member Estrada,
and unanimously carried, that the matter be continued to the Mayor and Common
Council and Community Development Commission meeting of September 7, 1999.
RES. 1999-210 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF SAN BERNARDINO AUTHORIZING EXECUTION
OF AN AGREEMENT WITH THE CITY OF INGLEWOOD
RELATING TO THE PROCESSING OF PARKING CITATIONS. (15)
City Administrator Wilson answered questions regarding the services to be
performed by the City ofInglewood and the liability to the city.
Doug Robertson, Administrative Analyst, Facilities Management, answered
questions regarding the fees associated with the contract and the appeal and adjudication
process.
Council Member Lien made a motion, seconded by Council Member McGinnis,
that said resolution be adopted; and that the Director of Finance be authorized to amend
the fiscal year 1999/2000 budget to: 1) increase Parking Citation Revenue Account
No. 001-000-4420 by $70,000 to a total of $600,000; 2) adjust the Facilities
Management budget by adding $56,000 to Account No. 001-326-5502 and decrease
$6,000 from Account No. 001-321-5604; and 3) decrease $6,000 correspondingly from
the MIS budget.
The motion carried and Resolution No. 1999-210 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller.
Nays: None. Absent: None. Vacancy: Fifth Ward
PUBLIC HEARING - VACATE - EAST/WEST ALLEY - NORTH
OF BASELINE STREET - BETWEEN MOUNTAIN VIEW AVENUE
& GENEVIEVE STREET (29)
Michael E. Hays, Director of Development Services, submitted a staff report
dated July 21, 1999, concerning the vacation of property located at the east/west alley
north of Baseline Street between Mountain View A venue and Genevieve Street.
Mayor Pro Tern Anderson opened the hearing.
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No public comments were rendered.
RES. 1999-211 - RESOLUTION OF THE CITY OF SAN
BERNARDINO ORDERING THE VACATION OF THAT CERTAIN
EAST/WEST ALLEY LOCATED NORTH OF BASELINE STREET
BETWEEN MOUNTAIN VIEW AVENUE AND GENEVIEVE
STREET. (29)
Council Member Miller 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 Michael E. Hays, Director of Development Services, dated July 21, 1999,
as to why the east/west alley north of Baseline Street. between Mountain View Avenue
and Genevieve Street, is no longer necessary for public street purposes be adopted; and
that said resolution be adopted.
The motion carried and Resolution No. 1999-211 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller.
Nays: None. Absent: None. Vacancy: Fifth Ward.
RES. 1999-212 - RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING TRANSFER OF FRANCHISE
AGREEMENT FROM CURRAN'S RUBBISH DISPOSAL, INC. TO
BURR GROUP, INC., SUBJECT TO CONDITIONS. (18A)
RES. 1999-213 - RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING TRANSFER OF FRANCHISE
AGREEMENT FROM JACK'S DISPOSAL, INC. TO BURR GROUP,
INC., SUBJECT TO CONDITIONS. (I8B)
City Administrator Wilson answered questions regarding the term of the
franchise.
Lynn Merrill, Director of Public Services, answered questions regarding health
and safety and the establishment of the franchise fees.
Eric Herbert, Vice President, Burrtec Waste Industries, Inc., 9890 Cherry,
Fontana, CA, stated that they intend to provide community services to the city and
answered questions regarding the fees charged to residents of the city.
A discussion ensued regarding the provisions of the contract and the ability to
renegotiate the franchise fees.
Council Member Miller made a motion, seconded by Council Member Schnetz,
that said resolutions be adopted.
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8/16/1999
Resolution Nos. 1999-212 and 1999-213 were adopted by the following vote:
Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Anderson, Miller. Nays:
None. Absent: None. Vacancy: Fifth Ward.
RES. 1999-214 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF PURCHASE
ORDERS BETWEEN THE CITY OF SAN BERNARDINO AND
ASSOCIATED TRUCK PARTS, MCCRAY ENTERPRISES PARTS,
AND COLTON TRUCK SUPPLY FOR THE PURCHASE OF HEAVY
DUTY VEHICLE REPAIR PARTS AND SERVICES UTILIZED BY
THE PUBLIC SERVICES DEPARTMENT FLEET DIVISION. (26)
Lynn Merrill, Director of Public Services, answered questions regarding the
utilization of the three suppliers, the bid process and the internal procurement of parts.
David Batson, Purchasing Manager, answered questions concerning the bid
process.
Council Member Miller made a motion, seconded by Council Member Estrada,
that said resolution be adopted.
Resolution No. 1999-214 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent:
None. Vacancy: Fifth Ward.
COUNCIL MEMBER MILLER EXCUSED
At 10:48 a.m., Council Member Miller left the council meeting.
RES. 1999-215 - RESOLUTION OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AWARDING AN ANNUAL
PURCHASE ORDER TO FAIRVIEW FORD FOR SERVICES AND
MATERIALS TO SUPPORT THE CITY'S LIGHT VEHICLE FLEET
TO BE UTILIZED BY THE FLEET DIVISION OF PUBLIC
SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO.
(28)
Council Member Estrada made a motion, seconded by Council Member
McGinnis, that said resolution be adopted.
Resolution No. 1999-215 was adopted by the following vote:
Members Estrada, Lien, McGinnis, Schnetz, Anderson. Nays:
Council Member Miller. Vacancy: Fifth Ward.
Ayes: Council
None. Absent:
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RECESS MEETING
At 10:49 a.m., Mayor Pro Tern Anderson declared a lO-minute recess.
RECONVENE MEETING
At 11:03 a.m., Mayor Pro Tern Anderson 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 Pro Tern Anderson; Council Members Estrada, Lien, McGinnis, Schnetz,
Anderson, Miller; Deputy City Attorney Empeno, City Clerk Clark, Development
Services Director Hays. Absent: Mayor Valles. Vacancy: Fifth Ward.
PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO.
99-03 - ELIMINATE REFERENCES TO HEDGES & SHRUBS AS
FENCING MATERIAL (32)
Michael E. Hays, Director of Development Services, submitted a staff report
dated July 27, 1999, concerning Development Code Amendment No. 99-03 relative to
the elimination of references to hedges and shrubs as fencing material.
Mayor Pro Tern Anderson opened the hearing.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTION 19.20.030(8) AND TABLE 20.01 OF
DEVELOPMENT CODE CHAPTER 19.20 (PROPERTY
DEVELOPMENT STANDARDS) TO ELIMINATE ALL
REFERENCES TO HEDGES AND SHRUBS AS FENCING
MATERIAL. First (33)
Council Member McGinnis made a motion. seconded by Council Member
Miller, and unanimously carried, that the hearing be closed; that the Mayor and
Common Council approve Development Code Amendment No. 99-03, based on the
Findings of Fact contained in the staff report dated July 27, 1999, from Michael E.
Hays, Director of Development Services; and that said ordinance be laid over for final
adoption.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING CHAPTER 19.22 (SIGN REGULATIONS) AND
SECTION 19.14.020 AND 19.14.030 (6) & (7) OF THE SAN
BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO
ALLOW LARGER AND TALLER SIGNAGE THROUGHOUT THE
CITY. First (33)
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8/16/1999
Development Services Director Hays provided a synopsis of the action taken
relative to the amendment to the sign regulations.
Deputy City Attorney Empeno explained that the ordinance would receive its
first reading as a result of the changes recommended by the Mayor and Council at its
meeting of August 2, 1999.
Council Member Miller made a motion, seconded by Council Member Schnetz,
and unanimously carried, that said ordinance be laid over for final adoption.
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 11 :08 a.m., Deputy City Attorney Empeno left the council meeting and was
replaced by City Attorney Penman.
DEVELOPMENT SERVICES DIRECTOR HAYS EXCUSED
At 11:08 a.m., Development Services Director Hays left the council meeting
and was replaced by City Administrator Wilson.
AUTHORIZE CONTRACT CHANGE ORDER NO. FOUR
REMOVE CONTAMINATED MATERIAL - OLD FUEL STATION-
CITY YARD - SPENCER & JONES, GENERAL CONTRACTORS -
$171,393.63 (30)
Michael E. Hays, Director of Development Services, submitted an undated staff
report concerning Contract Change Order No. Four with Spencer & Jones, General
Contractors.
Development Services Director Hays answered questions regarding the
additional work required for the removal of old fuel tanks at the city yard.
City Attorney Penman stated that the Liability Fund is within his purview and
requested that he be notified prior to the allocation of funds.
Council Member Miller made a motion, seconded by Council Member Lien,
and unanimously carried, that Contract Change Order No. Four to the contract with
Spencer & Jones, General Contractors, for the removal and disposal of contaminated
soil, discovered during the removal of the old fuel tanks at the City Yard, at a total cost
of $171,393.63, increasing the current contract total from $553,321.94 to $724,715.57,
be approved; that the Director of Finance be authorized to amend the fiscal year
1999/2000 budget and carryover from fiscal year 1998/1999 to fiscal year 1999/2000
the remaining $27,000 in Account No. 527-413-5502 (Refuse
Professional/Contractual); and that the Director of Finance be authorized to amend the
fiscal year 1999/2000 budget and transfer $120.000 from the Liability Fund's
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8/16/1999
Unappropriated Fund balance (629-000-3405) to 527-413-5502 Refuse/Professional
Contractual.
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 IMPROVEMENTS IN SAID SUBDIVISION,
WITH TIME FOR PERFORMANCE SPECIFIED. (Continued from
May 17, 1999) (31)
John Pavelak, Chief Executive Officer, Century Crowell Communities, 1535
North "D" Street, San Bernardino, CA, stated that they have filed an application for an
improvement bond for said property and they have not received a response from the
city. He urged the Mayor and Council to approve the issuance of an improvement
bond.
City Attorney Penman stated that the matter Mr. Pavelak is speaking on is not
on the agenda and it is not appropriate to discuss.
Council Member Schnetz made a motion, seconded by Council Member Miller,
and unanimously carried, that the Mayor and Common Council continue the Final Map
for Tentative Tract No. 14112 to the Mayor and Common Council and Community
Development Commission meeting of December 6, 1999.
RECESS MEETING - CLOSED SESSION - (Discussed earlier & later
in the meeting - pages 1 & 21) (1)
At 11:20 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):
Robvn Lvnn Courtnev vs. Citv of San Bernardino - Superior Court Case
No. SBCI45022;
Naail Anwva, et al. vs. Citv of San Bernardino. et al. - San Bernardino
Superior Court Case No. SCV 49495;
18
8/16/1999
Shirlev Goodwin vs. Citv of San Bernardino. et al. - United States
District Court Case No. EDVC 98-66 RT (V APx).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1); (2); (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Conference with legal counsel - personnel - pursuant to Government
Code Section 54957.
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:
Property Address:
APN #278-061-54, 68, 74 & 75
APN #278-201-22 through 34
Negotiating Parties:
Gary Van Osdel on behalf of the Economic
Development Agency and Sam Racadio,
City Manager, City of Highland
Under Negotiations:
Purchase terms and conditions
CLOSED SESSION
At 11:20 a.m., Mayor Pro Tern Anderson 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 Tern Anderson; Council Members Estrada, Lien, McGinnis, Schnetz,
Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator
Wilson. Absent: None. Vacancy: Fifth Ward.
19
8/16/1999
Also present: Deputy City Attorney Coleman and Edna Anderson,
Administrative Operations Supervisor, City Attorney's Office.
ADJOURN CLOSED SESSION/RECESS MEETING
At 11:27 a.m., the closed session adjourned and the meeting recessed to 2:00
p.m., in the Council Chambers of City Hall.
RECONVENE MEETING
At 2:05 p.m., Mayor Pro Tern Anderson 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 Tern Anderson; Council Members Estrada, Lien, McGinnis, Schnetz,
Anderson, Miller; Senior Assistant City Attorney Carlyle and Economic Development
Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency
Executive Director Van Osdel. Absent: Mayor Valles. Vacancy: Fifth 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 2:05 p.m., Vice-Chairwoman Miller 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. 1999-216 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO DESIGNATING A
REDEVELOPMENT SURVEY AREA FOR PROJECT STUDY
PURPOSES (40TH STREET). (R34)
Ron Winkler, Director of Development, provided a synopsis of the action taken
relative to the 40th Street designation as a redevelopment survey area for project study
purposes.
Felice Acosta, Rosenow, Spevacek Group, Inc., (RSG), 540 N. Golden Circle,
Santa Ana, CA, reviewed the process for the designation of the 40'" Street
Redevelopment Project Area.
20
8/16/1999
Special Counsel Sabo answered questions regarding the creation of a project
area committee and the costs associated with such.
Council Member Schnetz was commended for his efforts associated with the
establishment of the 40th Street Redevelopment Project Area. He shared his vision of
the 40th Street Redevelopment Project Area and reviewed the steps taken for the
redevelopment project area designation.
Denise Flory, 40th Street Merchants Association, 224 E. 40'" Street, San
Bernardino, CA, expressed support for the redevelopment project area.
Council Member Miller made a motion, seconded by Council Member Schnetz,
that said resolution be adopted; and that the Conununity Development Commission
receive and file the Feasibility Study prepared by Rosenow Spevacek Group, Inc., for
the proposed 40th Street Redevelopment Project.
Resolution No. 1999-216 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. Nays: None. Absent:
None. Vacancy: Fifth Ward.
SENIOR ASSIST ANT CITY A TTORNEY CARLYLE EXCUSED
At 2:26 p.m., Senior Assistant City Attorney Carlyle left the council meeting
and was replaced by City Attorney Penman.
PUBLIC COMMENTS - DRA YMOND CRAWFORD
(35)
Draymond Crawford thanked Council Member Schnetz for his efforts in keeping
the Ralphs Store in San Bernardino.
PUBLIC COMMENTS - JAIME ALVAREZ
(35)
Jaime Alvarez, Alvarez & Associates, 201 North "E" Street, San Bernardino,
CA, stated that he regrets to inform the Mayor and Council that on August 10, he filed
a claim for damages against the city. He also submitted a chronology of the events
associated with his claim of discrimination.
RECESS MEETING - CLOSED SESSION - (Discussed earlier in the
meeting - pages 1 & 18) (1)
At 2:31 p.m., the Mayor and Common Council and Community Development
Commission recessed to closed session for the following:
Pursuant to Government Code Sections:
21
8/16/1999
A. Conference with legal counsel - eXlstlllg litigation - pursuant to
Government Code Section 54956.9(a):
Robvn Lvnn Courtnev vs. Citv of San Bernardino - Superior Court Case
No. SBCI45022;
Naail Anwva. et al. vs. Citv of San Bernardino. et al. - San Bernardino
Superior Court Case No. SCV 49495;
Shirlev Goodwin vs. Citv of San Bernardino. et al. - United States
District Court Case No. EDVC 98-66 RT (V APx).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1); (2); (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Conference with legal counsel - personnel - pursuant to Government
Code Section 54957.
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:
Property Address:
APN #278-061-54, 68, 74 & 75
APN #278-201-22 through 34
Negotiating Parties:
Gary Van Osdel on behalf of the Economic
Development Agency and Sam Racadio,
City Manager, City of Highland
Under Negotiations:
Purchase terms and conditions
22
8/16/1999
CLOSED SESSION
At 2:31 p.m., Mayor Pro Tern Anderson called the closed session to order in
the conference room of the Council Chambers of Cit} Hall.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being present:
Mayor Pro Tern Anderson; Council Members Estrada, Lien, McGinnis, Schnetz,
Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator
Wilson. Absent: Mayor Valles. Vacancy: Fifth Ward.
Also present: Senior Assistant City Attorney Carlyle and Special Counsel Sabo
and Executive Director Van Osdel, Economic Development Agency.
CITY CLERK CLARK EXCUSED
At 2:52 p.m., City Clerk Clark left the closed session.
ADJOURN CLOSED SESSION/RECESS MEETING (1&36)
At 2:57 p.m., the closed session and meeting adjourned to 4:00 p.m., Monday,
August 23, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RACHEL G. CLARK, CMC
City Clerk
By ~~C~~~A#v
Deputy City Clerk
No. of Items: 36
No. of Hours: 4.5
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8/16/1999