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HomeMy WebLinkAbout03-02-1998 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MARCH 2, 1998 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Minor at 8:57 a.m., Monday, March 2, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. INAUGURAL CEREMONY FOR NEWLY-ELECTED OFFICIALS At 8:57 a.m., Mayor Minor called to order the Inaugural Ceremony for newly-elected Mayor Judith Valles and newly-elected Council Members Esther Estrada, Susan Lien, and Frank Schnetz. INVOCATION The invocation was given by Rabbi Hillel Cohn of Congregation Emanu El. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Mrs. Gloria Cover, mother of Councilman-elect Frank Schnetz; Alfredito, Audrey, Diana and Erica Enriquez, neighbors of Councilwoman-elect Susan Lien; and Stephen Morales, godson of Councilwoman-elect Esther Estrada. SCRIPTURE READING Father Ray Rosales, Our Lady of Guadalupe Church, read the scripture reading from John 21:15-19. MUSICAL PRESENTATION Leslie Fallis presented a violin solo. OPENING REMARKS & PRESENTATIONS Mayor Minor thanked the department heads and division heads, his staff, employees of the City, the employee organizations, and the Council for all their support and hard work; and wished the new mayor and council members the best of luck and success. 1 3/2/1998 Mayor Minor presented resolutions of commendation to outgoing Council Members Negrete, Curlin, and Oberhelman in recognition of their accomplishments and service. Council Member Miller presented a resolution of commendation and appreciation to Mayor Minor on behalf of the Council. Skip Kulikoff, President, San Bernardino/Rialto Fire Fighters Association, presented a plaque to Mayor Minor in recognition of his accomplishments. OATHS OF OFFICE & ACCEPTANCE SPEECHES - COUNCIL MEMBERS ESTHER ESTRADA, SUSAN LIEN & FRANK SCHNETZ City Clerk Rachel Clark administered the Oath of Office to Council Member Esther Estrada, and Judge Cynthia Ludvigson administered the Oath of Office to Council Members Susan Lien and Frank Schnetz. Each new Council Member thanked their supporters and friends, expressed their hopes and plans for the future of San Bernardino, and introduced their family members. OATH OF OFFICE & ACCEPTANCE SPEECH - MAYOR VALLES City Clerk Clark administered the Oath of Office to Mayor Judith Valles. Mayor Valles introduced several local officials attending the inaugural ceremonies, her new staff members in the Mayor's Office, and her family members, as well as all department/ division heads, whom she referred to as her "work family." Mayor Valles challenged everyone to work together for the betterment of San Bernardino, stating that we must continually ask ourselves, "will this action bring our community together and help our city to prosper?" She then presented a bouquet of roses to Virginia Minor in recognition of her support of her husband during his tenure as Mayor. CLOSING SONG In closing, Edie Renella, Mayor Valles' daughter, presented a vocal rendition of "Wind Beneath My Wings." RECESS MEETING - RECEPTION FOR NEWLY-ELECTED OFFICIALS At 10:15 a.m., Mayor Valles recessed the meeting to 2:00 p.m. in the Council Chambers of City Hall, and a reception was held in honor of the newly-elected mayor and council members in the lobby area of City Hall. 2 3/2/1998 READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and the regular and supplemental agendas 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 prior to reconvening the meeting. RECONVENE MEETING At 2:00 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, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Administrator Steinhaus. Absent: None. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:00 p.m., Chairwoman Valles called 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 to order. NOTE: Community Development Commission items which require action by the Mayor and Common Council are denoted by the letter "R" and are reflected herein. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. WAIVE FULL READING OF RESOLUTIONS (R2) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that full reading of the resolutions on the regular and supplemental agendas 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 be waived. 3 3/2/1998 CONSOLIDATED PLAN - AMENDED THIRD YEAR ACTION PLAN - OPERATION GRACE CITY FIRE GENTS ORGANIZATION COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - U. S . DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) (R5) Ronald E. Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated February 24, 1998, regarding authorization to execute standard Community Development Block Grant agreements for those projects previously approved as part of the amended Third Year Action Plan. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Mayor and Common Council of the City of San Bernardino accept these projects as part of the Consolidated Plan and authorize and direct the execution of Community Development Block Grant (CDBG) funding agreements between the City of San Bernardino and the corresponding agencies. RES. 98-70 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SALVATION ARMY. (R6A) RES. 98-71 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE MEADOWBROOK AMATEUR BOXING ACADEMY, INC. (R6B) Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Although the motion had already been made, Jeff Wright, P.O. Box 2341, San Bernardino, CA, requested that the Mayor state the number of the item and the issues of each item; and requested that all items be pulled. Resolution Nos. 98-70 and 98-71 were adopted vote: Ayes: Council Members Estrada, Lien, Devlin, Anderson, Miller. Nays: None. Absent: by the Arias I None. following Schnetz, City Attorney Penman announced that the following additional case would be discussed in closed session: People of the State of California vs. Manta Manaqement - Court of Appeals Case No. E019635. 4 3/2/1998 RECESS MEETING - CLOSED SESSION At 2:09 p.m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Thomas Williams. et al. vs. Citv of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 33078; EDC Consultants vs. URS Consultants. Citv of San Bernardino and Inland Vallev Development Aoency - San Bernardino Superior Court Case No. SCV 30621; Randy Schlosser vs. Citv of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 20993. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. D. Conference with legal counsel personnel matters pursuant to Government Code Section 54957. CLOSED SESSION At 2:09 p.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, Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark. Absent: City Administrator Wilson. Also present: Senior Assistant City Attorney Carlyle and Administrative Operations Supervisor Anderson, City Attorney's Office; and Special Counsel Sabo, Administrator Steinhaus, and Development Director Winkler, Economic Development Agency. CITY ADMINISTRATOR WILSON ARRIVED At 3:00 p.m., City Administrator Wilson arrived at the closed session. 5 3/2/1998 SENIOR ASSISTANT CITY ATTORNEY SIMMONS & DEPUTY CITY ATTORNEYS EMPENO AND COLEMAN ARRIVED At 3:12 p.m., Senior Assistant City Attorney Simmons and Deputy City Attorneys Empeno and Coleman arrived at the closed session. DEPUTY CITY ATTORNEY COLEMAN EXCUSED At 3:30 p.m., Deputy City Attorney Coleman left the closed session. DEPUTY CITY ATTORNEY MURAD ARRIVED At 3:30 p.m., Deputy City Attorney Murad arrived at the closed session. SENIOR ASSISTANT CITY ATTORNEY SIMMONS & DEPUTY CITY ATTORNEY MURAD EXCUSED At 3:34 p.m., Senior Assistant City Attorney Simmons and Deputy City Attorney Murad left the closed session. ADJOURN CLOSED SESSION At 3:42 p.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 3: 43 p. m., Mayor Valles reconvened the j oint 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, Arias, Schnetz, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Administrator Steinhaus. Absent: None. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 3:43 p.m., Chairwoman Valles reconvened the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. 6 3/2/1998 RES. 98-72 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ISSUANCE OF CERTAIN TAX ALLOCATION BONDS BY THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AND AUTHORIZING A CERTAIN LOAN AGREEMENT AND CERTAIN DOCUMENTS RELATED THERETO. (R7A) J-43 - RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED IN AGGREGATE $32,000,000 TAX ALLOCATION REFUNDING BONDS SERIES 1998A (CENTRAL CITY MERGED PROJECT) TAX ALLOCATION REFUNDING BONDS SERIES 1998B (CENTRAL CITY MERGED PROJECT) APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (R7C) Rhonda Connelly of Miller & Schroeder Financial, Inc. explained the bonds currently held by the Economic Development Agency and the advantage to refunding said bonds. Agency Administrator Steinhaus stated that by refunding the bonds the Agency would realize $2 million in savings, and staff recommended approval of the matter. Jeff Wright, P.O. Box 2341, San Bernardino, CA, questioned some of the fees associated with rewriting the bonds. Council Member Devlin made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 98-72 and J-43 were adopted vote: Ayes: Council Members Estrada, Lien, Devlin, Anderson, Miller. Nays: None. Absent: by the Arias, None. following Schnetz, SENIOR ASSISTANT CITY ATTORNEY CARLYLE, ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO & ADMINISTRATOR STEINHAUS EXCUSED At 3:59 p.m., Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo and Administrator Steinhaus left the Council meeting and were replaced by City Attorney Penman and City Administrator Wilson. APPOINTMENT KENNETH M. CLOYD BOARD OF COMMISSIONERS - COUNCIL MEMBER MILLER BUILDING (2A) Mayor Minor submitted a Staff Report dated February 24, 1998, recommending the appointment of Kenneth M. Cloyd, 3484 Parks ide Drive, San Bernardino, California, to the Board of Building Commissioners, as requested by Council Member Miller. 7 3/2/1998 Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the appointment of Kenneth M. Cloyd to the Board of Building Commissioners, as requested by Council Member Miller, be approved. PRESENTATIONS (3) There were no presentations made at this meeting. ANNOUNCEMENTS BY MAYOR & COMMON COUNCIL (4) There were no announcements made by the Mayor and Council at this meeting. PUBLIC COMMENTS - ALLEN BARTLE MAN (5) Allen Bartleman, a resident of San Bernardino, voiced opposition to the construction of a lake in San Bernardino. PUBLIC COMMENTS - SUE ROGERS (5) Sue Rogers, a resident of San Bernardino, spoke regarding the plight of the homeless. PUBLIC COMMENTS - JEFF WRIGHT (5) Jeff Wright, P.O. Box 2341, San Bernardino, CA, requested that backup material be included with the Economic Development Agency agenda which is posted at the library, ascertained that the library needs to increase its hours of operation, and clarified that he was not banned from City Hall, but he is required to follow the rules. NEIGHBORHOOD INITIATIVE TARGET AREA PROPOSAL from February 16, 1998) (Continued (15) Fred Wilson, City Administrator, dated February 23, 1998, requesting that a study session on March 11, 1998. submitted a Staff Report the matter be continued to The following individuals requested a 30-day postponement of this matter to allow them time to contact their respective council members regarding their concerns: Sylvia Smith, representing Praise Chapel. Teresa Cortines on behalf of Our Lady of Fatima. Eduardo Lopez on behalf of Christ the King Church. Roy Caballero, 2910 N. Genevieve, San Bernardino, CA, speaking for Our Lady of Guadalupe Church. Father Ray Rosales from Our Lady of Guadalupe. Rosie Meza on behalf of Praise Chapel. Mr. Casillas of Christ the King Church. pilar Lopez of Christ the King Church. 8 3/2/1998 City Administrator Wilson stated that everyone could benefit from having an open discussion and study session; therefore, staff was now pr?posing that the matter be ccntinued to Saturday, March 14, for thls purpose. It was noted that $15 million is slated to be awarded to the cities of San Bernardino, Highland, and Redlands; therefore, it is urgent that the City's plan is in place in order to compete aggressively for these monies. Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously carried, that the matter be continued to a public study session on Saturday, March 14, 1998, at 9:00 a.m. in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California. Jeff Wright requested that the study session be advertised in several local publications. Council Member Arias made a motion that following the study session on March 14, that the matter be placed on the March 16 Council agenda. City Clerk Clark indicated that this could be done at the meeting of March 14. The motion failed for lack of a second. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that full reading of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council, be waived. COUNCIL MINUTES (7) Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: January 26, 1998; February 2, 1998. CLAIMS AND PAYROLL (8) Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated February 17, 1998, from Barbara Pachon, Director of Finance, be approved. 9 3/2/1998 PERSONNEL ACTIONS (9) Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated February 19, 1998, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. RES. 98-73 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO SERRANO INDUSTRIES FOR THE PURCHASE AND DELIVERY OF COMMERCIAL FRONT LOAD REFUSE BINS IN ACCORDANCE WITH BID SPECIFICATION F-98-20, TO BE UT=LIZED BY THE PUBLIC SERVICES DEPARTMENT. (10) RES. 98-74 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO CONSOLIDATED FABRICATORS FOR THE PURCHASE AND DELIVERY OF COMMERCIAL ROLL-OFF REFUSE BINS IN ACCORDANCE WITH BID SPECIFICATION F-98-23, TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT. (11) Jim Howell, Director of Public Services, informed the Council that said bins were urgently needed replacement bins--especially the roll-offs which are used commercially. He added that the bins were budgeted in the current budget and the City stood to lose business if they could not supply their customers. Council Member Miller made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 98-73 and 98-74 were adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Schnetz, Devlin Anderson, Miller. Nays: None. Absent: None. SET FY 1998/99 BUDGET STUDY SESSION - WEDNESDAY, MARCH 11, 9:00 A.M. - ECONOMIC DEVELOPMENT AGENCY BOARD ROOM (12) Fred Wilson, City Administrator, submitted a Staff Report dated February 23, 1998, recommending that a budget study session be set for Wednesday, March 11, at 9:00 a.m. in the Economic Development Agency Board Room. City Administrator Wilson stated that staff was suggesting a study session with the Council and department heads to address the projected budget deficit; and suggested that the budget session be carried over to Saturday, March 14, in conjunction with the Neighborhood Initiative Target Area Proposal. 10 3/2/1998 Council Member Anderson made a motion, seconded by Council Member Devlin, that a FY 1998/99 budget session be set for Saturday, March 14, 1998, at 9:00 a.m. in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California. (Note: There was no vote taken.) Some of the Council expressed concern that there would not be enough time to study the budget and the Neighborhood Initiative Target Area Proposal on the same day. Council Member Devlin made a substitute motion, seconded by Council Member Estrada, and unanimously carried, that a FY 1998/99 budget session be set for Wednesday, March 11, 1998, at 9:00 a.m., in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California. Jeff Wright, P.O. Box 2341, San Bernardino, CA, requested that all budget information and instructions affecting the City of San Bernardino be placed at the library. WAIVE FEES - EASTER SEAL SOCIETY ANNUAL STREET FAIR - MARCH 14, 1998 - $361. 21 (13) City Administrator Wilson submitted a Staff Report dated February 23, 1998, regarding the Easter Seal Society's request for waiver of City fees associated with conducting their annual street fair. Mr. Wilson stated that although staff recognizes the importance of these events, due to budget constraints it has been the recent policy of Council to deny all requests for waiver of fees; therefore, staff was recommending denial of this request also. City Attorney Penman stated that from a legal standpoint it was appropriate to examine the policy of the previous Council and decide whether the present Council wants to continue with the same policy. Council Member Devlin made a motion, seconded by Council Member Anderson, that the request for a waiver of fees in the amount of $361.32 for the conduct of the Easter Seal Society Annual Street Fair on March 14, 1998, be denied; and that the current policy regarding waiver of fees be referred to the Ways and Means Committee for review. The motion carried by the following vote: Members Estrada, Arias, Schnetz, Devlin, Anderson, Council Member Lien. Absent: None. Ayes: Council Miller. Nays: 11 3/2/1998 RES. 98-75 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SUBLEASE BY AND BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO EMPLOYMENT AND TRAINING AGENCY. (14) Council Member Lien requested that a correction be made to page 4 of the sublease. Council Member Schnetz stated he would abstain from voting as he was involved in negotiating the master lease agreement. Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolution be adopted; and that the words "Paragraph 7" be corrected to "Paragraph 6" in Exhibit "A", Sublease, page 4, Item 14.), line 3. The motion carried, and Resolution No. 98-75 was adopted by the following vote: Ayes: Council Members Estrada, Lien, Arias, Devlin, Anderson, Miller. Nays: None. Abstain: Council Member Schnetz. Absent: None. COUNCIL COMMITTEE APPOINTMENTS (Sl) Council Member Miller submitted a Staff Report dated February 25, 1998, regarding appointments to various Council committees. Council Member Miller stated that she had spent a lot of time working on said appointments; however, if someone was dissatisfied and wanted to exchange with someone else they should bring the matter to her attention. Council Member Lien stated she would gladly accept her committee appointments; however, she was very interested in Ways and Means and would be willing to trade if anyone was interested. Council Member Schnetz expressed disappointment with his committee appointments, stating that he felt his expertise would be most useful to the Redevelopment Committee. The following individuals expressed concern over the appointment of Council Member Devlin as Council parliamentarian: Jeff Wright, P.O. Box 2341, San Bernardino, CA. John Kirley, a resident of San Bernardino. Mayor Valles stated that personal insults directed at anyone seated at the dais would not be tolerated. Council Member Anderson made a Member Devlin, that the following approved: motion, seconded by Council committee appointments be 12 3/2/1998 Council parliamentarian RDA Vice-Chairperson Council Member Devlin Council Member Miller COUNCIL COMMITTEES - REGULAR MEETINGS Legislative Review Committee Personnel Committee Redevelopment Committee Ways & Means Committee Estrada, Ch.; Schnetz; Lien Arias, Ch.; Lien; Anderson Miller, Ch.; Estrada; Arias Devlin, Ch.; Anderson; Schnetz COUNCIL COMMITTEES - AT CALL OF CHAIR CDBG Funding Review Ad Hoc Committee California Theater Ad Hoc Committee Corridor Beautification Committee Fire Equipment Ad Hoc Committee Police Ad Hoc Committee Special Committee to Review Ad Hoc Committees Estrada, Ch.; Lien Miller; Estrada; Mayor Devlin Schnetz, Ch.; Anderson Devlin, Ch.; Arias Devlin; Estrada The motion carried by the following vote: Members Estrada, Lien, Arias, Devlin, Anderson, Council Member Schnetz. Absent: None. Ayes: Miller. Council Nays: APPROVE IN CONCEPT - REDUCE WIDTH OF "D" STREET, SECOND & THIRD STREETS EAST SIDE ONLY CONSIDERATION FOR IMMIGRATION & NATURALIZATION FACILITY BETWEEN SITE SERVICE (S2) Michael E. Hays, Acting Director of Public Engineer, submitted a Staff Report dated February regarding conceptual approval of the narrowing of between Second and Third Streets. Works/City 26,1998, liD" Street Director Hays explained that the building at 293 North "D" Street was being considered as the location for an Immigration and Naturalization Service Facility, and new regulations mandate that Federal buildings must have a 25-foot building setback. This would be accomplished by widening the sidewalk and decreasing the width of the public right of way. He noted that the owner has provided assurance that all costs associated with the relocation would be paid by the developer. Discussion ensued regarding the pros and cons of said action, and it was noted that it would result in the loss of approximately 21 parking spaces. 13 3/2/1998 Jeff Wright, P.O. Box 2341, San Bernardino, strongly opposed to such action as a public requested an Environmental Impact Report of the CA, stated he was safety issue and traffic impact. Council Member Arias made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council approve in concept the narrowing of "D" Street between Second and Third Streets by two feet on the east side of the street for the Immigration and Naturalization Service occupancy of 293 North "D" Street, subject to costs being paid by the developer. LEGAL ADVICE - REPORT ON BROWN ACT - CITY ATTORNEY PENMAN (S3) City Attorney Penman submitted a Staff Report dated February 26, 1998, wherein he proposed to advise the Council on the Brown Act, Public Records Act, legal roles of the City Council and other elected officials, actions as individual council members, etc. City Attorney Penman stated that he had been requested to continue this item to a later date. Council Member Anderson made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be continued to the Mayor and Council meeting of March 16, 1998. ADJOURNMENT (16) At 5: 13 p. m., the regular meeting of the Mayor and Common Council was adjourned to 9:00 a.m., Wednesday, March 11, 1998, in the Economic Development Agency Board Room, 201 North "En Street, San Bernardino, California. RACHEL G. CLARK City Clerk By U fWif1 Linda Hartz 1 Deputy City Clerk No. of Items: 23 No. of Hours: 4.5 14 3/2/1998