HomeMy WebLinkAbout12-20-1999 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
DECEMBER 20,1999
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and
Community Development Commission of the City of San Bemardino was
called to order by Mayor Pro Tern Lien at 8:06 a.m., Monday, December
20, 1999, in the Council Chambers of City Hall, 300 North "D" Street,
San Bemardino, California.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being
present: Mayor Pro Tern Lien, Council Members Lien, McGinnis,
Schnetz, Suarez, Anderson; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Mayor Valles, Council Members Estrada,
Miller.
City Attomey Penman announced that an additional item under 1.
B. would be discussed in closed session, pertaining to the stairwell at the
west end of "E" Street, leading to the Carousel Mall.
Senior Assistant City Attorney Carlyle indicated that an additional
item under 1 (A) would be discussed:
City of San Bemardino vs. Bice. et al., San Bemardino
Superior Court Case No. SCV SS59602.
RECESS MEETING - CLOSED SESION (Discussed later in
the meeting, page 24) (1)
At 8:06 a.m., the Mayor Pro Tern and Common Council and
Community Development Commission recessed to closed session for the
following:
1. Pursuant to Govemment Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant
to Government Code Section 54956.9(a):
Manta Management v. City of San Bernardino - San
Bernardino Superior Court Case No. SCV 18157;
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Georgian Pruitt v. City of San Bernardino. et aL - United
States District Court Case !,!o.EDCV 96-4110 RT (YAP-x).
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.
(Public Employee Appointment)
Appointment:
Director of Animal Control
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:
Northwest corner of Tippecanoe and
1-10 Freeway
Negotiating Parties:
Ronald E. Winkler on behalf of the
Economic Development Agency and
Arthur Pearlman, Pearlman/
Hopkins
Under Negotiation:
Purchase terms and conditions
CLOSED SESSION
At 8:06 a.m., Mayor Pro Tern Lien called the closed session to order
in the conference room of the Council Chambers of City Hall.
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ROLL CALL
Roll call was taken by City Cler.k Clark with the following being
present: Mayor Pro Tern Lien; Council Members Lien, McGinnis,
Schnetz, Suarez, Anderson; City Attorney Penman, City Clerk Clark,
City Administrator Wilson. Absent: Mayor Valles, Council Members
Estrada, Miller.
Also present: Senior Assistant City Attorney Carlyle, Paralegal
Mitchell, Paralegal Greenleaf, City Attorney's Office.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Szendrodi 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 Pro Tern and Common Council and
Community Development Commission were in closed session.
COUNCIL MEMBER ESTRADA ARRIVED
At 8: 15 a.m., Council Member Estrada arrived at the closed
sesSIOn.
PARALEGAL MITCHELL EXCUSED
At 8:29 a.m., Paralegal Mitchell left the closed session.
ADJOURN CLOSED SESSION
At 8:30 a.m., the closed session adjourned to 9:00 a.m. to the
Council Chambers of City Hall.
RECONVENE MEETING
At 9:02 a.m., Mayor Pro Tern Lien 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 Lien, Council Members Lien, Estrada,
McGinnis, Schnetz, Suarez, Anderson; City Attorney Penman, City Clerk
Clark, City Administrator Wilson. Absent: Mayor Valles, Council
Member Miller.
CLOSED SESSION ANNOUNCEMENTS - CITY ATTORNEY
PENMAN (Discussed earlier & later in the meeting,
pages 1-2, 24) (1)
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City Attorney Penman announced that the following action had
been taken in closed session:
Council Member Anderson made a motion, seconded by Council
Member Schnetz, and unanimously approved, that Council accept the
offer of $6,250 to repair the stairway at the entrance to the Carousel Mall
and accept ownership of the stairway and maintain it in the future.
City Attorney Penman indicated that the stairwell was located at the west
end of the pedestrian bridge running across "E" Street and has been the
City's property all along. In closed session City Attorney Penman
disclosed that the Carousel Mall hired Mark Edwards, City Attorney
Penman's brother-in-law, to negotiate for them. Despite that fact, it was
clear from plans that the Economic Development Agency had constructed
both the bridge and the stairwell. City Attorney Penman requested that
this be part of the record. .
Council Member Estrada made a motion, seconded by Council
Member Anderson, and unanimously carried, that the appointment of
John CicireiIi, as Director of Animal Control, effective January 10, 2000,
at Range 4472, Step 1, be approved.
INVOCATION
The invocation was given by Jorge Carlos, Executive Assistant to
Council.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Alma Morales, Maria Moo and
Ashley Short of Bradley Elementary School.
The San Bernardino International Choir sang a medley of songs,
including "It's Holiday Time in San Bernardino."
APPOINTMENTS - PLANNING COMMISSION - BOARD OF
BUILDING COMMISSIONERS - COUNCIL MEMBER SUAREZ
(2)
Council Member Suarez submitted staff reports dated December
20, 1999, requesting the appointments of Joe Ramirez to the Planning
Commission, and Michael Vasquez to the Board of Building
Commissioners.
Council Member Estrada made a motion, seconded by Council
Member Anderson, and unanimously carried, that the appointments of
Joe Ramirez and Michael M. Vasquez, as requested by Council Member
Suarez, be approved,
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Council Member Suarez presen!ed Certificates of Appointment to
both Joe Ramirez and Michael M. Vasquez.
PRESENTATION - CERTIFICATE OF APPRECIATION - DR.
SHARON CABALLERO (3)
Mayor Pro Tern Lien presented Dr. Sharon Caballero, President of
San Bemardino Valley College, with a Certificate of Appreciation for her
work in the Child Care Summit.
PRESENTATION - CERTIFICATE OF APPRECIATION - TOM
~~ ~
Mayor Pro Tern Lien presented Tom Rose, a City employee, with a
Certificate of Appreciation for his efforts in rescuing Lisa Clark's son from
drowning.
RESOLUTION - RAY & EDNA RUCKER
(3)
Mayor Pro Tern Lien presented a resolution to Ray & Edna Rucker,
retiring after 45 years, as Santa & Mrs. Claus.
SERVICE PIN AWARDS
(3)
Teri Rubi, Chief of Staff, Mayor's Office, 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
Diane Caldera
Michael Curry
Debra Woldruff
Janet Mauren
Clinton Sharp
Thomas Holcombe
Daniel Keil
Brad Lawrence
Thomas Vlaska
Cheri Williams
DEPARTMENT
Code Compliance
Development Services
Development Services
Facilities Management
Facilities Management
Police Department
Police Department
Police Department
Police Department
Police Department
YEARS OF SERVICE
10 years
15 years
10 years
5 Years
15 years
15 years
15 years
15 years
10 years
20 years
Lien.
Each employee received a service pin presented by Mayor Pro Tern
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ANNOUNCEMENTS - LARRY QUIEL
(4)
-
Larry Quiel, President-Elect of the San Bernardino Area Chamber
of Commerce, requested that everyone visit the new Cinemastar Theatre
downtown and frequent local businesses in the area during the holiday
season. He thanked all those who attended the Chamber of Commerce
Holiday Open House and invited everyone to attend the annual
installation dinner on January 27, at the San Bernardino International
Airport Terminal.
ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4)
Council Member Lien wish all a Happy Holiday and sent Council
Member Miller get well wishes.
ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4)
Council Member Estrada wished everyone a Happy Holiday
Season. Council Member Estrada commented on the opening of
Cinemastar theatre, indicating there was a large crowd in attendance
and expressed her hope that this trend continues.
ANNOUNCEMENT - COUNCIL MEMBER MCGINNIS (4)
Council Member McGinnis wished everyone a Merry Christmas.
Council Member McGinnis thanked the Claim Jumper for their invitation
to participate in their open house, and welcomed them to San
Bernardino.
ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4)
Council Member Schnetz wished everyone a safe and Happy
Holiday Season.
ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4)
Council Member Suarez wished everyone a very Merry Christmas
and bid welcome to all businesses that have decided to locate in San
Bernardino.
ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4)
Council Member Anderson wished everyone a Merry Christmas and
wished all a happy and peaceful ending to 1999. Council Member
Anderson discussed the parking situation regarding the new theatre and
indicated it was a good way for folks to become acquainted with local San
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Bernardino businesses. She encouraged everyone to work together In
the coming year.
ANNOUNCEMENTS - CITY CLERK CLARK
(4)
City Clerk Clark wished all a Merry Christmas and reminded
everyone to either donate items or volunteer during the Holiday Season.
ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4)
City Administrator Wilson gave a brief report on the City's Y2K
preparations. He wished all a Happy Holiday Season,
ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4)
City Attorney Penman encouraged all to shop San Bernardino first
and wished everyone a Merry Christmas and a Happy New Year.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES
(5)
Council Member Anderson made a motion, seconded by Council
Member Suarez, and unanimously carried, that full reading of the
resolutions and ordinances on the regular agenda of the Mayor and
Common Council, Community Development Commission be waived.
COUNCIL MINUTES
(6)
Council Member Anderson made a motion, seconded by Council
Member Suarez, and unanimously carried, that the minutes of the
following meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino be approved as
submitted in typewritten form: November 15, 1999.
CLAIMS & PAYROLL
(7)
Council Member Anderson made a motion, seconded by Council
Member Suarez, and unanimously carried, that the claims and payroll
and the authorization to issue warrants as listed on the memorandum
dated November 30, 1999, from Barbara Pachon, Director of Finance, be
approved.
PERSONNEL ACTIONS
(8)
Council Member Anderson made a motion, seconded by Council
Member Suarez, and unanimously carried, that the personnel actions as
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submitted by the Chief Examiner, dated December 20, 1999, in
accordance with Civil Service rules and Personnel policies adopted by the
Mayor and Common Council of the City of San Bemardino, be approved
and ratified.
SET LUNCHEON WORKSHOP - MONDAY, JANUARY 10,
2000 STRATEGIC EDUCATION SERVICES, STATE
LEGISLATIVE SERVICES (9)
Council Member Anderson made a motion, seconded by Council
Member Suarez, and unanimously carried, tllat a luncheon workshop be
set for Monday, January 10, 2000, at 12 noon in the Management
Information Center, 6th Floor, City Hall for a presentation by Strategic
Education Services, State representatives, regarding the legislative
advocacy program for the upcoming year.
APPROVE DATES - YEAR 2000 - REGULAR MEETINGS OF
MAYOR & COMMON COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION (11)
Council Member Anderson made a motion, seconded by Council
Member Suarez, and unanimously carried, that the Mayor and Common
Council and the Community Development Commission approve the
following dates for renlar meetings of the Mayor and Common
Council/Community Development Commission for the year 2000:
January 10 (second Monday); January 24 (fourth Monday); February 7
and 22; March 6 and 20; April 3 and 17; May 1 and 15; June 5 and 19;
July 10 (second Monday); and July 24 (fourtll Monday); August 7 and 21;
September 5 and 18; October 2 and 16; November 6 and 20; December 4
and 18.
ORD. MC-1063 - AN ORDINANCE OF THE CITY OF SAN
BERNARDINO MODIFYING CHAPTER 19.22 (SIGN
REGULATIONS) OF THE SAN BERNARDINO MUNICIPAL
CODE (DEVELOPMENT CODE) TO INCLUDE TEXT
RELATED TO SIGN ABATEMENT PROCEDURES. (12)
Council Member Anderson made a motion, seconded by Council
Member Suarez, that said ordinance be adopted.
Ordinance No. MC-I063 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member Miller.
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,
RES. 1999-317 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO CALIFORNIA PAVEMENT
MAINTENANCE COMPANY, INC., FOR SLURRY SEALING OF
VARIOUS STREETS, PHASE VIII PER PLAN NO. 9996,
AREAS "F," "G" AND "M." (13)
RES. 1999-318 - RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING AMENDMENT NO. 1 TO
AGREEMENT FOR PROFESSIONAL SERVICES WITH
ASSOCIATED ENGINEERS, INC., FOR THE DESIGN OF A
MASTER PLAN STORM DRAIN IN "H" STREET FROM 17TH
STREET TO 27TH STREET. (14)
Council Member Anderson made a motion, seconded by Council
Member Suarez, that said resolutions' be adopted.
Resolution Nos. 1999-317 and 1999-318 were adopted by the
following vote: Ayes: Council Members Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member
Miller.
AUTHORIZATION TO PROCEED ~ PROPOSED VACATION -
PORTION OF LEXINGTON WAY - SOUTHWESTERLY OF
HALLMARK PARKWAY - APPROVE PLAN NO. 10054 (15)
Council Member Anderson made a motion, seconded by Council
Member Suarez, and unanimously carried, that the Director of
Development Services and the City Clerk be authorized to proceed with
the vacation of a portion of Lexington Way, southwesterly of Hallmark
Parkway; and that Plan No. 10054 showing the proposed vacation of a
portion of Lexington Way, southwesterly of Hallmark Parkway, be
approved.
AUTHORIZE ADVERTISEMENT FOR BIDS - STREET &
SIGNAL IMPROVEMENTS - 6TH STREET FROM "W STREET
TO ARROWHEAD AVENUE - APPROVE PLAN NO. 9995.(16)
Council Member Anderson made a motion, seconded by Council
Member Suarez, and unanimously carried, that Plan No. 9995 for street
and signal improvements on 6th Street from "H" Street to Arrowhead
Avenue, be approved; and that the Director of Development Services be
authorized to advertise for bids.
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RESOLUTIONS IMPLEMENTING MEMORANDA OF
UNDERSTANDING BETWEEN THE CITY OF SAN
BERNARDINO AND EMPLOYEES IN THE GENERAL AND
MID-MANAGEMENT BARGAINING UNITS; A RESOLUTION
RELATIVE TO AN UNDERSTANDING BETWEEN THE CITY
AND THE MANAGEMENT/CONFIDENTIAL UNIT, AND
BUDGET AMENDMENT TO FUND SAME. (Discussed later
in the meeting, page 15) (20)
NOTE: Agenda Item #20C regarding Management-Confidential
employees, was pulled from the Consent Calendar and discussed later in
the meeting; however, at iliis time, Council did approve ilie
recommended motion which included language pertaining to ilie
Management Confidential Employees Association.
RES. 1999-319 - RESOLUTION OF THE CITY OF SAN
BERNARDINO IMPLEMENTING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF SAN
BERNARDINO AND EMPLOYEES IN THE GENERAL
BARGAINING UNIT OF THE CITY OF SAN BERNARDIO
REPRESENTED BY SAN BERNARDINO PUBLIC
EMPLOYEES ASSOCIATION. (20A)
RES. 1999-320 - RESOLUTION OF THE CITY OF SAN
BERNARDINO IMPLEMENTING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF SAN
BERNARDINO AND EMPLOYEES IN THE MIDDLE
MANAGEMENT BARGAINING UNITY OF THE CITY OF SAN
BERNARDINO REPRESENTED BY SAN BERNARDINO
PUBLIC EMPLOYEES ASSOCIATION. . (20B)
RES. 1999-321 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH JOHNSON AND ASSOCIATES TO
CONDUCT A CLASSIFICATION AND COMPENSATION
STUDY. (20D)
Council Member Anderson made a motion, seconded by Council
Member Suarez, and unanimously carried, that said resolutions A, Band
D be adopted; that the Mayor and Common Council authorize ilie
Director of Finance to amend ilie FY 1999-2000 budget to: 1) appropriate
$100,000 from the General Fund unappropriated/unreserved fund
balance for negotiated salary increases as outlined in the staff report,
and 2) transfer the funds budgeted in ilie General Fund Non-
Departmental budget to the various departmental budgets to reflect ilie
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cost of the negotiated salary increases with the General Unit bargaining
group, Mid-Management bargaining ~ group, and the Management
Confidential Employees Association.
The motion carried and Resolution Nos. 1999-319, 1999-320 and
1999-321 were adopted by the following vote: Ayes: Council Members
Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: None,
Absent: Council Member Miller.
SET LUNCHEON WORKSHOP - JANUARY
CHARTER REVIEW COMMITTEE - REVIEW
PRINCIPLES & VARIOUS OPTIONS
24, 2000 -
& DISCUSS
(22)
Council Member Anderson made a motion, seconded by Council
Member Suarez, and unanimously carried, that a luncheon workshop be
set for Monday, January 24, 2000 at 12 noon in the Management
Information Center, 6th Floor, City Hall, to receive information regarding
the review and discussion of principles and various options the Charter
Review Committee is considering.
RES. 1999-322 - RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING THE DESTRUCTION OF
CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO
POLICE DEPARTMENT (23)
Council Member Anderson made a motion, seconded by Council
Member Suarez, that said resolution be adopted.
Resolution No. 1999-322 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member Miller.
RES. 1999-323 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A SERVICE AGREEMENT AND
AN ANNUAL PURCHASE ORDER IN AN AMOUNT NOT TO
EXCEED $288,392 TO THE WACKENHUT CORPORATION
FOR JAIL OPERATIONS. (25)
RES. 1999-324 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A SERVICE AGREEMENT AND
AN ANNUAL PURCHASE ORDER IN AN AMOUNT NOT TO
EXCEED $331,323 TO THE WACKENHUT CORPORATION
FOR CLERICAL SUPPORT SERVICES, WITHIN THE
RECORDS DIVISION. (26)
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RES. 1999-325 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING, THE EXECUTION OF A
PURCHASE ORDER TO CREST CHEVROLET FOR TWO
MODEL YEAR 2000 ASTRO COMPACT MINI-VANS FOR THE
LIBRARY AND FIRE DEPARTMENTS. (27)
RES. 1999-326 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
PURCHASE ORDER TO CREST CHEVROLET FOR ONE
MODEL YEAR 2000 ASTRO COMPACT MINI-VAN FOR THE
POLICE DEPARTMENT. (28)
RES. 1999-327 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
PURCHASE ORDER TO CREST CHEVROLET FOR TWO
MODEL YEAR 2000 CHEVROLET C2500 ONE-TON CAB
AND CHASSIS TRUCKS FOR THE ANIMAL CONTROL
o
DEPARTMENT. (29)
RES. 1999-328 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
PURCHASE ORDER TO CREST CHEVROLET FOR FOUR
MODEL YEAR 2000 CAVALIER COMPACT SEDANS FOR
THE DEVELOPMENT SERVICES DEPARTMENT AND THE
CAR POOL. (30)
RES. 1999-329 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
PURCHASE ORDER TO MIRACLE FORD FOR FIVE MODEL
YEAR 2000 COMPACT FORD RANGER PICK-UP TRUCKS
FOR THE FIRE, FACILITIES, AND DEVELOPMENT
SERVICES DEPARTMENTS. (31)
RES. 1999-330 - RESOLUTION OF THE CITY OF SAN
BERNARDINO, AUTHORIZING THE EXECUTION OF AN
ANNUAL PURCHASE ORDER TO METRO DBA STAR AUTO
PARTS FOR THE PURCHASE OF AUTOMOTIVE PARTS AND
SUPPLIES FOR THE CITY'S LIGHT VEHICLE FLEET TO BE
UTILIZED BY THE FLEET DIVISION OF THE PUBLIC
SERVICES DEPARTMENT. (32)
Council Member' Anderson made a motion, seconded by Council
Member Suarez, that said resolutions be adopted.
Resolution Nos. 1999-323, 1999-324, 1999-325, 1999-326, 1999-
327, 1999-328, 1999-329, and 1999-330 were adopted by the following
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vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez,
Anderson. Nays: None. Absent: Council Member Miller.
RESOLUTIONS AUTHORIZING THE EXECUTION OF
AGREEMENTS FOR BOND COUNSEL AND INVESTMENT
BANKER - ASSESSMENT DISTRICT NO. 1026, TRACT NOS.
11261,13822 AND 10260. (17)
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF AN
AGREEMENT WITH THE FIRM OF MILLER & SCHROEDER
FINANCIAL, INC., FOR INVESTMENT BANKING SERVICES
RELATIVE TO THE FORMATION OF ASSESSMENT
DISTRICT NO. 1026 FOR TRACT NO. 13822, PORTIONS OF
TRACT NO. 11261 AND TRACT NO. 10260. (17A)
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF AN
AGREEMENT WITH THE FIRM OF SABO AND GREEN FOR
LEGAL SERVICES RELATIVE TO THE FORMATION OF
ASSESSMENT DISTRICT NO. 1026 FOR TRACT NO. 13822,
PORTIONS OF TRACT NO. 11261 AND TRACT NO. 10260.
(17B)
Council Member Schnetz made a motion, seconded by Council
Member McGinnis, and unanimously carried, that the matter be referred
to the Ways & Means Committee.
RES. 1999-331 - RESOLUTION OF THE CITY OF SAN
BERNARDINO CERTIFYING THAT SAN BERNARDINO HAS
THE RESOURCES TO FUND THE PROJECTS SUBMITTED
FOR INCLUSION IN THE FY 2000/2001-2005/2006
TRANSPORTATION IMPROVEMENT PROGRAM AND
AFFIRMING ITS COMMITMENT TO IMPLEMENT ALL OF
THE PROJECTS SUBMITTED IN THE PROGRAM. (18)
Director of Development Services Michael E. Hays, submitted a
staff report dated December 1, 1999, wherein he requests authorization
to submit projects and commit funding for the Regional Transportation
Improvement Program (RTIP).
Council Member Anderson noted that according to paragraph 4 of
the staff report, the 1997 RTIP had a date of 2002 for the State Street
Project, rather than the current projected date of 2004; however, the date
could be changed by direction of the Mayor and Council. She would like
it noted that the previous date was 2002.
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Ray Casey, City Engineer, stated that the State Street Project is not
in the current Capital Improvement Program (CIP), although the design
and right-of-way elements are. San Bernardino Associated Govemments
(SANBAG) reviews the City's submittals to make sure that those projects
identified in the first three years of the RTIP are financially constrained
and in our current CIP. RTIP is a laundry list of projects, wherein we
seek state funding.
Council Member Anderson indicated this project should have a
better chance, since it is the second time it has been on RTIP. She
indicated the date 2002 would be more beneficial than the date 2004.
Council Member Schnetz asked if there was anything the Council
could do to move funding along for the State Street Project.
City Attorney Penman indicated Council has the ultimate authority
as to priorities and is the final decision-maker.
Council Member Schnetz made a motion, seconded by Council
Member Estrada, and unanimously carried, that said resolution be
adopted.
Resolution No. 1999-331 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member Miller.
RES. 1999-332 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A PURCHASE ORDER TO ALLTEL
SUPPLY, INC., FOR SIXTEEN VODAVI TELEPHONE
SYSTEMS, TO BE UTILIZED BY THE FACILITIES
MANAGEMENT DEPARTMENT. (19)
City Administrator Wilson reviewed a report submitted by James
Sharer, Facilities Manager, requesting issuance of a purchase order for
sixteen Vodavi telephone systems.
Council Member Estrada asked if this system was coordinated with
the system recently purchased by the Economic Development Agency,
City Administrator Wilson indicated the two systems are unrelated.
Council Member McGinnis made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
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Resolution No. 1999-332 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member Miller.
RESOLUTION OF THE CITY OF SAN BERNARDINO
ESTABLISHING A MANAGEMENT AND CONFIDENTIAL
EMPLOYEE COMPENSATION AND BENEFITS PLAN AND
RESCINDING RESOLUTION NUMBERS 89-129, 97-77, 97-
352, 1999-197 AND 1999-198. (Discussed earlier in the
meeting, page 10) (20C)
Council Member Estrada made a motion, seconded by Council
Member Suarez, and unanimously carried, that the matter be continued
to the Council meeting of January 10,2000.
RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 6413, SECTIONS 10, 11, 12
AND 14, ENTITLED IN PART, "A
RESOLUTION...ESTABLISHING A BASIC COMPENSATION
PLAN..., "BY UPDATING INFORMATION CODIFYING PRIOR
COUNCIL ACTIONS (GENERAL UNIT, MIDDLE
MANAGEMENT UNIT, MANAGEMENT & CONFIDENTIAL.
(Discussed later in the meeting, page 18.) (21)
Council Member Anderson made a motion, seconded by Council
Member Suarez, and unanimously carried, that this matter be heard in
the aftemoon session of the Mayor and Council meeting.
RES. 1999-333 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A PURCHASE ORDER
BETWEEN THE CITY OF SAN BERNARDINO AND THE
FRONTIER GROUP NOT TO EXCEED $28,058.00 FOR A
POLE CAMERA TO BE UTILIZED BY THE CITY OF SAN
BERNARDINO POLICE DEPARTMENT. (24)
Captain Curtis, Police Department, submitted a staff report dated
December 1, 1999, prepared by Chief Lee Dean, wherein he requested
authorization to purchase a pole camera to be utilized by the Police
Department.
Council Member Estrada asked if there were any legal problems
associated with the use of a pole camera.
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City Attorney Penman indicated this is an area he has been
interested in for some time and indicated there have been no problems
associated with it.
Discussion followed as to the benefits of this form of surveillance
and it was suggested that additional pole cameras be purchased, if the
budget for the next fiscal year permits.
Council Member Schnetz made a motion, seconded by Council
Member McGinnis, that said resolution be adopted.
Resolution No. 1999-333 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member Miller.
RES. 1999-334 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF ANNUAL
PURCHASE ORDERS TO MCCRAY ENTERPRISES, P&S
TRUCK SUPPLY, INC., RUSH TRUCK CENTERS OF
CALIFORNIA, AND DIETERICH INTERNATIONAL FOR
STATE MANDATED PREVENTIVE MAINTENANCE
INSPECTIONS AND REPAIR OF THE CITY'S HEAVY TRUCK
FLEET UTILIZED BY THE PUBLIC SERVICES
DEPARTMENT. (33)
Council Member Estrada made a motion, seconded by Council
Member Anderson, that the Director of Finance be authorized to amend
the FY 1999-2000 budget and appropriate $135,000 from the Fleet
fund's unappropriated/undesignated fund balance for outside vehicle
maintenance (635-341-5173); and that said resolution be adopted.
The motion carried, and Resolution No. 1999-334 was adopted by
the following vote: Ayes: Council Members Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson. Nays: None. Absent: Council Member
Miller.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO
ADDING SECTION 10.16.240 TO THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO PARKING VEHICLES ON
UNPAVED PARCELS OF REAL PROPERTY. (10)
City Attorney Penman submitted a staff report dated December 1,
1999, wherein he describes the new ordinance, which allows Code
Compliance Officers to issue parking control notices and place them on
offending cars that park on unimproved surfaces.
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Council Member Estrada inquired if this would include parking on
paved or commercial roads.
City Attorney Penman indicated he is reviewing this, but the
present ordinance is aimed at vehicles parked on lawns and all
unimproved surfaces. He would like to get this ordinance approved so it
can be enforced, and suggested that once this was done, the entire
matter could be referred to Legislative Review.
Council Member Schnetz made a motion, seconded by Council
Member Anderson, and unanimously carried, that said ordinance be laid
over for final adoption.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AMENDING RESOLUTION
NOS. 88-140, 89-510, AND 93-381, AND DECREASING THE
TRAFFIC SYSTEMS FEE, THE SEWER CONNECTION AND
INSPECTION FEE, AND THE STORM DRAINAGE FEE FOR
NEW DEVELOPMENT ON PREVIOUSLY DEVELOPED
PARCELS. (Discussed later in the meeting, page 18) (34)
Council Member Schnetz made a motion, seconded by Council
Member McGinnis, and unanimously carried, that the matter be heard in
the afternoon session.
STATUS OF YEAR 2000 (Y2K) COMPLIANCE PROJECT
(35)
Janis Ingels, Management Information Services Director, gave a
report on the City's Y2K readiness, indicating all has been done to
alleviate any critical matter concerning software.
City Administrator Wilson indicated that the City would be staffed
during Y2K. EOC will be operating with four to five people, with many
on-call employees. The Police Department will have a 50-man rapid
deployment force and the Fire Department will have additional staff
available, as well. Mr. Wilson feels the City is well prepared for any
unforeseen event.
RECESS MEETING
At 10:46 a.m., Mayor Pro Tern Lien 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 Pro Tern l,ien reconvened the joint regular
meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bemardino.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being
present: Mayor Pro Tern Lien; Council Members Estrada, Lien,
McGinnis, Schnetz, Suarez, Anderson; City Attorney Penman, City Clerk
Clark, City Administrator Wilson. Absent: Mayor Valles, Council
Member Miller.
RES. 1999-335 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NOS. 88-140, 89-510, AND 93-
381, AND DECREASING THE TRAFFIC SYSTEMS FEE, THE
SEWER CONNECTION AND INSPECTION FEE, AND THE
STORM DRAINAGE FEE FOR NEW DEVELOPMENT ON
PREVIOUSLY DEVELOPED PARCELS. (Discussed earlier in
the meeting, page 17) (34)
City Administrator Fred Wilson submitted a staff report dated
November 4, 1999, wherein he requests Council action on a resolution
which would decrease the traffic systems fee, storm drainage fee and
sewer connection and inspection fees for new development on previously
developed parcels. The change in the language clarifies that the fee is
only for the difference of what is there and what will be there.
Council Member Schnetz made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution No. 1999-335 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member Miller.
RES. 1999-336 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 6413,
SECTIONS 10, 11, ENTITLED IN PART, "A
RESOLUTION...ESTABLISHING A BASIC COMPENSATION
PLAN..., "BY UPDATING INFORMATION CODIFYING PRIOR
COUNCIL ACTIONS (GENERAL UNIT, MIDDLE-
MANAGEMENT UNIT). (Discussed earlier in the meeting,
page 15) (21)
City Clerk Clark indicated that the title of this resolution had
changed as indicated above.
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Council Member Estrada made ~a motion, seconded by Council
Member McGinnis, that said resolution be adopted,
Resolution No. 1999-336 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member Miller.
CITY ATTORNEY PENMAN & CITY ADMINISTRATOR
WILSON EXCUSED
At 2:08 p.m., City Attomey Penman and City Administrator Wilson
left the Council meeting and were replaced by Senior Assistant City
Attorney Carlyle, Attomey D. Gondek and Economic Development Agency
Executive Director Van Osdel.
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 2:09 p.m., Mayor Pro Tern Lien called to order the joint regular
meeting of the Community Development Commission/San Bernardino
Joint Powers Financing Authority/San Bemardino Park Acquisition Joint
Powers Financing Authority/San Bemardino Associated Communities
Financing Authority and Mayor and Common Council to order.
PUBLIC HEARING - FIVE YEAR IMPLEMENTATION PLAN -
AGENCY'S REDEVELOPMENT PROJECT AREAS. (R36)
RES. CDC/1999-46 - A RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO, THE GOVERNING BODY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, APPROVING THE FIVE-YEAR
IMPLEMENTATION PLAN FOR THE AGENCY'S
REDEVELOPMENT PROJECT AREAS. (R36)
Mayor Pro Tern Lien opened the hearing.
Ronald E. Winkler, Director, Development Department, indicated
that prior to December 31, 1999, the Economic Development Agency was
required to prepare and adopt an Implementation Plan, along with a
related Housing Compliance Plan. A noticed public hearing must be held
first. The plan must include a review of the programs and projects that
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12/20/99
were included in the original Plan, as well as a list of projects/programs
that the Agency hopes to accomplish o,!:er the next five years.
Bob Neves, 2348 Sterling Avenue, San Bemardino, Califomia,
asked if the redevelopment plan for the five areas included any kind of
plan for curb cuts throughout the City.
Mr. Winkler indicated that the plan is for the entire redevelopment
area and that handicapped access is dealt with on a project by project
basis.
Council Member Anderson thought there was a stand alone Library
planned for the Sixth Ward.
Mr. Winkler indicated that this was not part of the Agency's Five-
Year Implementation Plan,
Council Member Suarez questioned how much input the Agency
received from Fifth Ward representatives.
Mr. Winkler responded that the only input that would have been
received on those activities that would be part of neighborhood input,
such as suggestions for graffiti abatement or fa\;ade improvement
programs. He indicated that this is not a list that is exclusive; it does
not prevent additional projects from being done in the future -- it is
simply a guideline.
Council Member McGinnis made a motion, seconded by Council
Member Anderson, that the hearing be closed; and that said resolution
be adopted.
Resolution No. CDC/1999-46 was adopted by the following vote:
Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez,
Anderson. Nays: None. Absent: Council Member Miller.
RES. 1999-337 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL AUTHORIZING THE MAYOR TO
EXECUTE THE CONTRACT BY AND BETWEEN THE
COUNTY OF SAN BERNARDINO, CITY OF SAN
BERNARDINO AND TEDDY BEAR TYMES FOR THE DAY
CARE FACILITY RENOVATION LOCATED AT 780 GILBERT
STREET (CDBG PROJECT #98-206). (R37)
Maggie Pacheco, Director of Housing & Community Development,
indicated that this particular item was approved by the Redevelopment
Commission one year ago. They approved $39,000 in Community
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Development Block Grant (CDBG) funds to Teddy Bear Tymes for child
care renovations. The County EconoI,llic and Community Development
Department had also awarded $38,500 in CDBG funds to Teddy Bear
Tymes to augment the City's CDBG funds. The County will take the lead
as they have given matching money to Teddy Bear Tymes.
Council Member Estrada made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 1999-337 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member Miller.
RES. NO. CDC/1999-47 RESOLUTION OF THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE
ECONOMIC DEVELOPMENT AGENCY'S ANNUAL
STATEMENT OF INVESTMENT POLICY FOR THE YEAR
2000. (R38)
Barbara Lindseth, Administrative Services Director, indicated that
Govemment Code Section 53646 requires that the Community
Development Commission annually adopt a Statement of Investment
Policy for the Economic Development Agency. On December 21, 1998,
the Commission adopted the Agency's Annual Statement of Investment
Policy for the year 1999.
Council Member Anderson made a motion, seconded by Council
Member Suarez, that said resolution be adopted.
Resolution No. CDC/1999-47 was adopted by the following vote:
Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez,
Anderson. Nays: None, Absent: Council Member Miller.
RESOLUTIONS APPROVING THE DRAFT PRELIMINARY
REPORT, REDEVELOPMENT PLAN, OWNER PARTICIPATION
PROCEDURES AND METHOD OF RELOCATION FOR THE
40th STREET REDEVELOPMENT PROJECT AREA (R39)
RES. NO. CDC/1999-48 RESOLUTION OF THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF SAN BERNARDINO APPROVING THE PRELIMINARY
REPORT FOR THE PROPOSED 40TH STREET
REDEVELOPMENT PROJECT AND DIRECTING THE
TRANSMITTAL OF THE PRELIMINARY REPORT TO THE
AFFECTED TAXING AGENCIES. (R39A)
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RES. NO. CDC/1999-49 - RESOLUTION OF THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF SAN BERNARDINO APPROVlNG THE DRAFf
REDEVELOPMENT PLAN FOR THE 40TH STREET PROJECT
AREA, AND AUTHORIZING TRANSMITTAL OF THE
PROPOSED REDEVELOPMENT PLAN TO AFFECTED
TAXING AGENCIES, AND PERSONS AND ORGANIZATIONS
WITHIN THE PROJECT AREA AND SUBMITTAL TO THE
PLANNING COMMISSION FOR REPORT AND
RECOMMENDATION. (R39B)
RES. NO. CDC/1999-50 - RESOLUTION OF THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF SAN BERNARDINO APPROVlNG DRAFf RULES
GOVERNING PARTICIPATION AND PREFERENCES BY
PROPERTY OWNERS, OPERATORS OF BUSINESSES, AND
BUSINESS TENANTS IN THE 40th STREET
REDEVELOPMENT PROJECT, AND DIRECTING THAT SUCH
RULES BE MADE AVAILABLE FOR PUBLIC INSPECTION,
REVIEW AND COMMENT. (R39C)
RES. NO. CDC/1999-51 - RESOLUTION OF THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF SAN BERNARDINO APPROVlNG A DRAFf METHOD OF
RELOCATION PURSUANT TO SECTION 33411 OF THE
CALIFORNIA COMMUNITY REDEVELOPMENT LAW FOR
THE 40TH STREET REDEVELOPMENT PROJECT.(R39D)
Ronald E. Winkler, Director Development Department, indicated
that these items are a continuation of the effort to move towards
adoption of the 40th Street Redevelopment Project Area.
Council Member Schnetz made a motion, seconded by Council
Member Anderson, that said resolutions A-D, be adopted.
Resolution Nos. CDC/1999-48, CDC/1999-49, CDC/1999-50, and
CDC / 1999-51 were adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays:
None. Absent: Council Member Miller.
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RES. CDC/1999-52 - RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING AN AGREEMENT,
AND AUTHORIZING EXECUTION THEREOF, WITH HDL
COREN & CONE, IN ASSOCIATION WITH CITY
ASSOCIATES, TO PERFORM PROPERTY TAX AUDITS AND
MALAKI ANALYSIS FOR THE SAN BERNARDINO
REDEVELOPMENT AGENCY. (R40)
Barbara Lindseth, Administrative Services Director, indicated that
staff desires to audit property tax and perform Malaki analysis for the
Agency by utilizing the services of a qualified consulting firm. A request
for proposals was issued to three consulting firms. The Agency received
only one response - Hdl Coren & Cone. The agency is requesting
approval of the agreement with Hdl Coren & Cone, in association with
City Associates, to perform property tax audits and Malaki analysis for
the San Bernardino Redevelopment Agency.
Council Member Estrada made a motion, seconded by Council
Member McGinnis, that said resolution be adopted.
Resolution No.CDC/1999-52 was adopted by the following vote:
Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez,
Anderson. Nays: None. Absent: Council Member Miller.
RES. 1999-338 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
APPROVING THE JOINT EXERCISE OF POWERS
AGREEMENT CREATING THE RIVERSIDE-SAN
BERNARDINO HOUSING AND FINANCE AGENCY AND
AUTHORIZATION TO PARTICIPATE IN THE LEASE-TO-OWN
PROGRAM. (R41)
Maggie Pacheco, Director of Housing & Community Development,
indicated that the Riverside-San Bernardino Housing and Finance
Authority (RISFA) was proposed to be created for the issuance of tax
exempt bonds of which the proceeds will be used to purchase homes in
both counties. They will be leased to eligible households with an
opportunity to buy after three years. The City has the option of
participating in the lease to own program in order to increase home
ownership opportunities.
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12/20/99
Council Member Anderson made a motion, seconded by Council
Member Schnetz, that said resolution qe adopted.
Resolution No. 1999-338 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Absent: Council Member Miller.
PUBLIC COMMENTS
(42)
Bob Neves, 2348 Sterling Avenue, San Bernardino, California,
welcomed Council Member Suarez to the Council and wished everyone a
Merry Christmas. Mr. Neves discussed accessibility for disabled people.
Gil Navarro, President, California Parents Association, reminded
everyone to get out and vote on January 11, in the election for the State
Senate seat.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, California,
discussed money being diverted to hospices.
Jeff DeFilippes, 201 E. Ninth Street, San Bernardino, discussed a
recent shooting in San Bernardino and suggested more police presence
to deter gangs and drugs. He discussed the loose dog problem in San
Bernardino.
RECESS MEETING - CLOSED SESSION (Discussed earlier
in the meeting, pages 1-2) (1)
At 2:55 p.m., Mayor Pro Tern Lien and the Common Council and
the Community Development Commission recessed to closed
session for the following:
1. A. City of San Bernardino vs. Bice. et al., San Bernardino
Superior Court Case No. SCV SS59602.
CLOSED SESSION
At 2:55 p.m., Mayor Pro Tern Lien 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 Lien; Council Members Estrada, Lien,
McGinnis, Schnetz, Suarez, Anderson; City Attorney Penman, Senior
Assistant City Attorney Carlyle, Economic Development Agency Executive
Director Van Osdel, Ronald E. Winkler, Director of Development
Department, City Clerk Clark, City Administrator Wilson. Absent:
Mayor Valles; Council Member Miller.
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ADJOURN CLOSED SESSION/MEETING (43)
At 3:40 p.m., the closed session/meeting adjourned. The next
joint regular meeting of the Mayor and Common Council and Community
Development Commission will be held on Monday, January 10, 2000, at
8:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
RACHEL G. CLARK, CMC
City Clerk
d
BY:C
17
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-..r-<-;>(......i
No. of Items: 43
No. of Hours: 6
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