HomeMy WebLinkAbout03-16-1998 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
AND COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MARCH 16, 1998
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and
Community Development Commission of the City of San Bernardino was
called to order by Mayor Valles at 8:05 a.m., Monday, March 16,
1998, in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Valles; Council Members Estrada, Lien,
Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk
Clark, City Administrator Wilson. Absent: Council Member Arias.
CLOSED SESSION ANNOUNCEMENT
(1)
City Attorney Penman announced that the following additional
cases would be discussed in closed session:
c-
Robert Kleitz vs. County/City of San Bernardino. Officer J.
Black. et al. - United States District Court Case No. EDCV 97-
209RT (VAPx);
Robert Neves. et al. vs. City of San Bernardino. et al.
United States District Court Case No. EDCV 98-42RT (VAPx);
Ci tv of San Bernardino vs. Hubbs. et al. - San Bernardino
Superior Court Case No. SCV 34309.
RECESS MEETING - CLOSED SESSION
At 8: 05 a. 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;
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Amrut N. Patel. et al. vs. James F.
United States District Court Case No.
(Kx) ;
Penman , et al.
CV 91-01420 RSWL
Lawhon.
et al.
25826.
et al. vs. California Pavement Maintenance Co.,
San Bernardino Superior Court Case No. SCV
B. Conference with legal counsel - anticipated litigation -
significant exposure to litigation pursuant to
subdivision (b) of Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation -
initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9.
D. Conference with legal counsel personnel matter
pursuant to Government Code Section 54957.
CLOSED SESSION
At 8:06 a.m., Mayor Valles called the closed session to order
in the conference room of the Council Chambers of City Hall.
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Valles; Council Members Estrada, Lien,
Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk
Clark, City Administrator Wilson. Absent: Council Member Arias.
Also present: Senior Assistant City
Simmons, Deputy City Attorney Coleman,
Administrative Operations Supervisor, City
Attorneys Carlyle and
and Edna Anderson,
Attorney's Office.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Cordova 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 while
the Mayor and Council and Community Development Commission were in
closed session.
COUNCIL MEMBER ARIAS ARRIVED
At 8: 11 a. m., Council Member Arias arrived at the closed
session.
DEPUTY CITY ATTORNEY COLEMAN EXCUSED
At 8:37 a.m., Deputy City Attorney Coleman left the closed
session and was replaced by Deputy City Attorney Empeno.
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3/16/1998
DEPUTY CITY ATTORNEY EMPENO EXCUSED
At 8:51 a.m., Deputy City Attorney Empeno left the closed
session.
DIRECTOR OF PUBLIC SERVICES HOWELL & SOLID WASTE MANAGER
MERRILL ARRIVED
At 8:51 a.m., Director of Public Services Howell and Solid
Waste Manager Merrill arrived at the closed session.
ADJOURN CLOSED SESSION
At 8:53 a.m., the closed session adjourned to 9:00 a.m. in the
Council Chambers of City Hall.
RECONVENE MEETING
At 9:00 a.m., Mayor Valles reconvened the joint regular
meeting of the Mayor and Common Council and Community Development
Commission of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Valles; Council Members Estrada, Lien, Arias,
Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk
Clark, City Administrator Wilson. Absent: None.
INVOCATION
The invocation was given by Reverend Kendall Baker of First
Congregational Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Miller.
APPOINTMENTS PLANNING COMMISSION BOARD OF BUILDING
COMMISSIONERS - BOARD OF POLICE COMMISSIONERS - CIVIL SERVICE
BOARD - BUREAU OF FRANCHISES - MAYOR VALLES & COUNCIL MEMBER
SCHNETZ (2)
Mayor Judith Valles submitted Staff Reports dated March 11,
1998, requesting appointments to the Planning Commission, Board of
Building Commissioners, Board of Police Commissioners, civil
Service Board, and Bureau of Franchises, as recommended by herself
and requested by Council Member Schnetz.
Council Member Devlin made a
Member Anderson, and unanimously
appointments be approved:
motion,
carried,
seconded by Council
that the following
MAYOR VALLES
Leonard Davenport - Civil Service Board
William C. Payne - Bureau of Franchises
David McCammack - Bureau of Franchises
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3/16/1998
COUNCIL MEMBER SCHNETZ
Eugene P. Boisvert - Board of Police Commissioners
Thomas Cover - Board of Building Commissioners
Wayne Hendrix - Planning Commission
CERTIFICATES OF APPRECIATION - STUDENT PARTICIPATION _
CITY'S GENERAL ELECTION - FEBRUARY 3, 1998 (3)
The following students from San Gorgonio High School, San
Bernardino Valley College and University of Redlands were presented
certificates of appreciation for the services they provided on
election night at the Registrar of Voters Office:
Amy Acosta, Shannon Becker, Sofia Girgis, James Hickman,
Joanne Narcisse, Amy Nissen, Meghan Ripley, Melissa Tanner, Felicia
Curry and Ryan Sack.
PROCLAMATION - WOMEN'S HISTORY MONTH - MARCH 1998 - WOMEN
OF ACHIEVEMENT COMMITTEE (3)
Teri Rubi, Executive Assistant to the Mayor, read a resolution
proclaiming the month of March 1998 as "Women's History Month"
within the City of San Bernardino.
Jan Wages, Chair of the Women of Achievement Committee,
accepted the proclamation, thanked the Mayor and Council for their
recognition and stated that a luncheon would be held at 11:30 a.m.,
March 19, 1998, at the Radisson Hotel, in honor of the women who
have been nominated for their outstanding achievements.
PROCLAMATION - RECORDS & INFORMATION MANAGEMENT WEEK -
APRIL 5-11, 1998 (3)
Teri Rubi, Executive Assistant to the Mayor, read a resolution
proclaiming the week of April 5-11, 1998, as "Records & Information
Management Week" within the City of San Bernardino.
Deputy City Clerk Melanie Miller, City Clerk's Office; Records
Management Coordinator Myra L. Lazio, Water Department; and Anita
Perry, Police Department, accepted their proclamations.
PROCLAMATION - NATIVE AMERICAN AWARENESS MONTH - NOVEMBER
1998 - SAN MANUEL BAND OF MISSION INDIANS (3)
Teri Rubi, Executive Assistant to the Mayor, read a resolution
proclaiming the month of November 1998, as "Native American
Awareness Month" within the City of San Bernardino.
James Ramos, San Manuel Band of Mission Indians, accepted the
proclamation and expressed his appreciation.
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RESOLUTION OF SUPPORT - METROLINK - REQUEST FOR STATE
FUNDING - INTER-REGIONAL CHOICE PROGRAM (3)
Teri RUbi, Executive Assistant to the Mayor, read a resolution
of support for the Metrolink's request for state funding for 30
additional commuter cars and passenger rails.
Francisco Oaxaca, Metrolink, accepted the resolution and
elaborated on the proposed expenditure.
RESOLUTION - POSTHUMOUSLY COMMENDING - SERGEANT EARNIE
TULL - POLICE DEPARTMENT (3)
A moment of silence was observed on behalf of Police Sergeant
Earnie Tull.
Mayor Valles presented a resolution to Mrs. Diana Tull and
family posthumously commending Sergeant Earnie Tull.
Mrs. Tull accepted the resolution and expressed her gratitude.
SERVICE PIN AWARDS
(3)
Teri Rubi, Executive Assistant to the Mayor, 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
Judith Rhoden
Timothy McCUllough
Sandra Ayala
Gary Jacobs
Richard Wilison
Dennis Houser
James Beach
Anthony Chavez
Glen Gipson
John Cochrane
Antonio Lugo
Department
Code Compliance
Economic Development
Agency
Parks, Recreation &
Community Services
Police
Police
Police
Police
Public Works/Engineering
Public Works/Engineering
Public Works/Engineering
Public Works/Engineering
Years of service
10-year pin
10-year pin
5-year pin
5-year pin
5-year pin
10-year pin
10-year pin
5-year pin
5-year pin
10-year pin
10-year pin
Each employee received a service pin presented by Mayor
Valles.
ANNOUNCEMENTS - COUNCIL MEMBER LIEN
(4)
Council Member Lien told her
received excellent responses from her
to continue relating their concerns.
constituents that she has
inquiries and encouraged them
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ANNOUNCEMENTS - COUNCIL MEMBER ARIAS
(4)
council Member Arias stated that she plans on convening
meetings to discuss the Neighborhood Initiative Plan, and if anyone
is interested in attending, please let her know. She also
announced that she had attended the opening football game at the
Ruben Campos Center and commended Mario Munoz and Miguel Castro for
their efforts in making it a success.
ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ
(4)
Council Member Schnetz expressed concern regarding the
proposed change to replace the Correctional Officers located at
Patton State Hospital with lesser paid personnel, and stated that
he plans to communicate his concern to Assemblyman Leonard.
PRESENTATIONS - JERRY L. PETTIS VETERANS ADMINISTRATION
MEDICAL CENTER - MAYOR VALLES - WOMAN OF THE MONTH, MARCH
1998 (3)
Jesse Castanon, Lorna Linda Hispanic Employment Program within
the Jerry L. Pettis Veterans Administration Medical Center,
presented Mayor Valles with an award recognizing her as the Woman
of the Month for March 1998.
Mayor Valles
appreciation.
accepted
the
award
and
expressed
her
ANNOUNCEMENTS - MAYOR VALLES
(4)
Mayor Valles stated that she had attended the official opening
for the soccer season at the Ruben Campos Center and found it
heartwarming to see the participants. She reported that field turf
would be installed at the soccer center which would result in
savings for the community and the city.
Mayor Valles elaborated on the Mayor and Council meeting held
on Saturday, March 14, 1998, to discuss the proposed Neighborhood
Initiative Program to be administered by the County of San
Bernardino. She stated that this is a one-time infusion of funds.
A plan will be established to identify the neighborhoods requiring
revitalization, and if all goes well, the County hopes the program
will become a model and additional funds will hopefully continue to
be allocated.
PUBLIC COMMENTS - ROBERT NEVES
(5)
Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA,
expressed concern regarding the curb cut policy established by the
previous Mayor and Council and requested that the matter be
reconsidered.
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3/16/1998
PUBLIC COMMENTS - BRIAN PLANT
(5)
Brian Plant, 498 W. Court Street, San Bernardino, CA, welcomed
the newly-elected mayor and council.
PUBLIC COMMENTS - FELIX D'AMICO
(5)
Felix D'Amico, 4795 David Way, San Bernardino, CA,
congratulated the incoming mayor and council, commended Council
Member Schnetz for the upstanding manner in which he ran his
campaign and expressed concern regarding the recent council
appointments to the Redevelopment Committee.
PUBLIC COMMENTS - JEFF WRIGHT
(5)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed
concern regarding council appointments to committees based on
seniority and the circumstances resulting in the litigation of EDC
vs. URS.
PUBLIC COMMENTS - HAROLD DUFFY
(5)
Harold Duffy,
concern regarding
Committee and the
5028 Wyche Court, San Bernardino, CA, voiced
the council appointments to the Redevelopment
appearance of an impropriety.
Mayor Valles stated that the
established; however, any member of
the meetings but cannot participate
council committees have been
the council may be present at
in the action taken.
PUBLIC COMMENTS - JAMES ROE
(5)
James Roe, 325 W. 6th Street, San Bernardino,
concern regarding the property located at 689 North
submitted photographs to substantiate his concerns.
CA, expressed
"F" Street and
CLAIMS & PAYROLL
(7)
Council Member Devlin made a motion, seconded by Council
Member Anderson, and unanimously carried, that the claims and
payroll and the authorization to issue warrants as listed on the
memorandum dated March 11, 1998, from Barbara Pachon, Director of
Finance, be approved.
PERSONNEL ACTIONS
(8)
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 March 5, 1998, in
accordance with civil Service rules and Personnel policies adopted
by the Mayor and Common Council of the City of San Bernardino be
approved and ratified.
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3/16/1998
RECESS MEETING
At 10:09 a.m., Mayor Valles declared a ten-minute recess.
RECONVENE MEETING
At 10:25 a.m., Mayor Valles reconvened the joint regular
meeting of the Mayor and Common Council and Community Development
Commission of the City of San Bernardino.
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Valles; Council Members Estrada, Lien, Arias,
Schnetz, Devlin, Anderson, Miller; City Attorney Penman, City Clerk
Clark, City Administrator Wilson. Absent: None.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, opposed the
waiving of the full reading of the resolutions and ordinances and
requested that the items placed on the consent calendar be
explained to the pUblic prior to placement of such.
Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA,
requested that the entire resolutions and ordinances be read while
the Mayor and Common Council are in closed session.
City Clerk Clark explained that the public can review Council
agendas and backup at the Feldheym Library and the Carousel and
Inland Center Malls. Additionally, agendas are posted in the lobby
of City Hall 72 hours prior to each meeting.
Council Member Devlin made a motion, seconded by Council
Member Anderson, and unanimously carried, that full reading of the
resolutions and ordinances on the regular and supplemental agendas
of the Mayor and Common Council be waived.
RES. 98-76 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND
IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN
THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE
ABATEMENT. (WEED) (9)
Council requested that future lists of properties to be liened
include a physical address for each property and identify which
ward the property is in, and that the collection of fees be pursued
through small claims court.
City Attorney Penman explained that a study had been completed
and it was determined that small claims court would not be cost
effective. He stated that the city's attorneys cannot appear in
small claims court.
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3/16/1998
A discussion ensued as to whether or not it would be cost
effective to pursue the collection of costs associated with
abatements through small claims court rather than the placement of
liens. It was suggested that the collection process be
reconsidered and that staff investigate the status of city liens
upon the sale of tax defaulted property.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed
concern regarding the lien abatement process.
Council Member Devlin made a motion, seconded by Council
Member Arias, that said resolution be adopted.
Resolution No. 98-76 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson,
Miller. Nays: None. Absent: None.
RES. 98-77 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION
OF CERTAIN CITY RECORDS OF THE PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT. (10)
Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced
concern regarding the destruction of records which are imperative
to ongoing investigations.
Council Member Miller made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 98-77 was adopted by the following vote: Ayes:
Council Members Estrada, Arias, Schnetz, Devlin, Anderson, Miller.
Nays: Council Member Lien. Absent: None.
RES. 98-78 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF
POLICE TO SIGN THE ADDENDUM TO THE 7-21-97 MEMORANDUM OF
UNDERSTANDING WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT POLICE FURTHER CLARIFYING THE SCHOOL POLICE'S
RESPONSIBILITY REGARDING EVENTS ON OR NEAR SCHOOL
CAMPUSES IN THE CITY OF SAN BERNARDINO. (11)
Council inquired about the working relationship between the
school and city police.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed
concern regarding the suppression of classified information from
the children born to employees of the former Norton Air Force Base.
Assistant Chief of Police Harp explained the purpose for the
memorandum of understanding.
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3/16/1998
Council Member Devlin made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 98-78 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson,
Miller. Nays: None. Absent: None.
RES. 98-79 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING
SUBMITTAL OF WASTE TIRE ENFORCEMENT GRANT APPLICATION.
(12)
Council Member Devlin made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution No. 98-79 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson,
Miller. Nays: None. Absent: None.
RES. 98-80 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO SEFAC LIFT & EQUIPMENT
CORPORATION FOR FURNISHING AND DELIVERY OF ONE (1) HEAVY-
DUTY TRUCK HOIST TO BE UTILIZED BY THE FLEET DIVISION OF
THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID
SPECIFICATION F98-27. (13)
James Howell, Director of Public Services, answered questions
concerning the allocation of funds.
Council Member Anderson made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 98-80 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson,
Miller. Nays: None. Absent: None.
RES. 98-81 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO RACEWAY FORD FOR FURNISHING
AND DELIVERY OF THREE (3) 1998 FORD F150 PICK-UP TRUCKS
TO BE UTILIZED BY THE STREETS DIVISION OF THE CITY OF SAN
BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F98-28.
(14)
Council expressed concern regarding the bid process.
City Administrator Wilson explained the one percent (1%) local
bidders preference which represents the amount of sales tax the
city would receive.
A discussion ensued concerning the bid process and the local
bidders preference.
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3/16/1998
James Howell, Director of Public Services, elaborated on the
benefits realized through the use of propane fueled vehicles.
Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA,
urged the council to take advantage of the services available for
electric vehicles.
Director Howell stated that the city currently utilizes
electric vehicles and defined the available services.
Council Member Anderson made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution
Council Members
Miller. Nays:
No. 98-81 was adopted by the following vote: Ayes:
Estrada, Lien, Arias, Schnetz, Devlin, Anderson,
None. Absent: None.
CITY ATTORNEY PENMAN EXCUSED
At 11:04 a.m., City Attorney Penman left the council meeting
and was replaced by Deputy City Attorney Empeno.
CITY ADMINISTRATOR WILSON EXCUSED
At 11:04 a.m., City Administrator wilson left the council
meeting and was replaced by Planning and Building Services Director
Hays.
PUBLIC HEARING GENERAL PLAN A."lENDMENT NO. 97-04
TENTATIVE TRACT NO. 15759 - CONDITIONAL USE PERMIT NO.
97-25 CHANGE LAND USE DESIGNATION FROM RL,
RESIDENTIAL LOW, TO RS, RESIDENTIAL SUBURBAN - SUBDIVIDE
INTO 69 SINGLE-FAMILY LOTS (24)
Michael Hays, Director of Planning and Building Services,
submitted a Staff Report dated February 26, 1998, regarding a
proposal to subdivide and develop 69 single-family lots.
Mayor Valles opened the hearing.
Director Hays provided a synopsis of the action taken relative
to General Plan Amendment No. 97-04, Tentative Tract No. 15759 and
Conditional Use Permit No. 97-25.
RES. 98-82 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING GENERAL PLAN AMENDMENT NO. 97-04 TO THE GENERAL
PLAN OF THE CITY OF SAN BERNARDINO. (24)
Council Member Arias made a motion that the hearing be closed;
that the Mayor and Common Council adopt the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Plan; and that
said resolution be adopted which approves General Plan Amendment
No. 97-04; and approve Tentative Tract No. 15759 and Conditional
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3/16/1998
Use Permit No. 97-25, subject to the conditions of approval and
standard requirements.
The motion failed for lack of a second.
David Mlynarski, MAPCO, 164 W. Hospitality Lane, Suite lA, San
Bernardino, CA, stated that as the applicant, he was available to
answer any questions.
Council Member Devlin made a motion, seconded by Council
Member Miller, that the hearing be closed; that the Mayor and
Common Council adopt the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Plan; and that said resolution
be adopted which approves General Plan Amendment No. 97-04; and
approve Tentative Tract No. 15759 and Conditional Use Permit No.
97-25 based upon the findings of fact in the Staff Report from
Michael Hays, Director of Planning and Building Services, and
subject to the conditions of approval and standard requirements.
The motion carried and Resolution No. 98-82 was adopted by the
following vote: Ayes: Council Members Estrada, Lien, Arias,
Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None.
PUBLIC HEARING APPEAL OF PLANNING DIRECTOR'S
DETERMINATION - PROHIBIT REUSE OF BUILDING AT 116, 116A
& 124 NORTH "I" STREET - LOSS OF LEGAL NONCONFORMING
STATUS (25)
Michael Hays, Director of Planning and Building Services,
submitted a Staff Report dated March 5, 1998, concerning the
buildings located at 116, 116A and 124 North "I" Street.
Mayor Valles opened the hearing.
Director Hays provided a synopsis of the action taken relative
to the property located at 116, 116A and 124 North "I" Street.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired how
the real estate agent disclosed the property prior to the sale.
Richard Ronneburg, 11369 Mt. Wallace Court, Alta Loma, CA,
explained his actions taken to safeguard the proper use of the
property prior to the purchase of such and contended that the
destruction of the structures would prohibit the reuse of the
property. Mr. Ronneburg requested that the Mayor and Council
develop a resolution proclaiming the property as having a
historical significance which would facilitate the use of the
structures.
Director Hays stated that Mr. Ronneburg initiated the
historical study and although the size standards would not be met
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3/16/1998
if a new parcel were to be created, he could build a structure
within the requirements.
A discussion was held concerning the circumstances surrounding
the request.
Council Member Anderson made a motion, seconded by Council
Member Devlin, and unanimously carried, that the hearing be closed;
and that the Mayor and Common Council deny the appeal.
PLANNING AND BUILDING SERVICES DIRECTOR HAYS & DEPUTY
CITY ATTORNEY EMPENO EXCUSED
At 11:34 a.m., Planning and Building Services Director
and Deputy City Attorney Empeno left the council meeting and
replaced, respectively, by City Administrator wilson and
Attorney Penman.
Hays
were
City
RES. 98-83 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO FRITTS FORD FOR FURNISHING
AND DELIVERY OF ONE (1) 1998 FORD EXPEDITION TO BE
UTILIZED BY THE POLICE DEPARTMENT OF THE CITY OF SAN
BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F98-22.
(15)
A discussion was held concerning the one percent (1%) local
bidders preference.
~
Jeff Wright, P. O. Box 2341, San Bernardino, CA, questioned
the criteria used for the purchase.
Council Member Devlin made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 98-83 was adopted by the following vote:
Council Members Estrada, Schnetz, Devlin, Anderson, Miller.
Council Members Lien, Arias. Absent: None.
Ayes:
Nays:
Council Member Miller
Member Anderson, that the
referred to the Legislative
made a motion, seconded
local bidders preference
Review Committee.
by Council
policy be
The motion carried by the following vote:
Members Estrada, Lien, Arias, Schnetz, Anderson,
Council Member Devlin. Absent: None.
Ayes:
Miller.
Council
Nays:
RES. 98-84 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING THE APPLICATION
FOR 1997/98 BICYCLE LANE FUNDING UNDER THE CALIFORNIA LAW
AB 1020; BICYCLE LANE ACCOUNT PROGRAM (BLA). (16)
Planning and Building Services Director Hays stated that the
city has established a Bicycle Lane Master Plan and the designated
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3/16/1998
areas are being coordinated in accordance with such.
Council requested that the Bicycle Lane Master Plan be updated
to include the west side of the Sixth Ward.
Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA,
requested mandatory notification to property owners.
Council Member Devlin made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution No. 98-84 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, Arias, Schnetz, Devlin, Miller.
Nays: Council Member Anderson. Absent: None.
APPROVE PLAN NO. 9773 - PAVEMENT
SEAL - BETWEEN HIGHLAND AVENUE
STREET TO EAST TWIN CREEK
ADVERTISEMENT FOR BIDS
REHABILITATION - SLURRY
& ROUTE 30 - FROM "E"
CHANNEL AUTHORIZE
(17)
Michael Hays, Acting Director of Public Works/City Engineer,
submitted a Staff Report dated March 3, 1998, concerning pavement
rehabilitation between Highland Avenue and Route 30 and from "E"
Street to East Twin Creek Channel.
Director Hays answered questions regarding the allocation of
funds and the Five-Year Capital Improvement Plan.
Council requested a list of improvements along with their
location and allocation of funds.
Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA,
stated that as far as he understands, the Department of Justice has
determined that when slurry seal improvements are being made, it
triggers the installation of curb ramps. He requested that the
Mayor and Council determine that the application of slurry seal
requires the placement of curb ramps.
A discussion ensued concerning the additional allocation of
funds for the placement of curb ramps within the proposed
improvement area. City Attorney Penman explained that the city has
a plan for the placement of curb ramps. Hence, if additional curb
ramps are being considered, the plan should be amended accordingly.
Council Member Devlin made a motion, seconded by Council
Member Anderson, and unanimously carried, that the Mayor and Common
Council approve the plans for rehabilitation of pavement by slurry
seal method for streets between Highland Avenue and Route 30 and
from "E" Street to East Twin Creek Channel, in accordance with Plan
No. 9773; and that the Acting Director of Public Works/City
Engineer be authorized to advertise for bids.
14
3/16/1998
APPROVE PLAN NO. 9333 - CONSTRUCT STORM DRAINS - PALM
AVENUE, FROM WASHINGTON TO IRVINGTON - OHIO, FROM BAILY
CREEK TO OLIVE AVENUE - AUTHORIZE ADVERTISEMENT FOR BIDS
(18)
Michael Hays, Acting Director of Public Works/City Engineer,
submitted a Staff Report dated February 23, 1998, concerning the
construction of storm drains in Palm Avenue from Washington to
Irvington and in Ohio Avenue from Baily Creek to Olive Avenue.
Council inquired about the amount of funds available within
the Unappropriated Reserve Account.
Council Member Devlin made a motion, seconded by Council
Member Anderson, and unanimously carried, that the Mayor and Common
Council approve the allocation of $37,300 from Unappropriated
Reserves in the Storm Drain Construction Fund to Account No. 248-
368-5505-7023 and 1765; and that the Mayor and Common Council
approve plans and authorize the Acting Director of Public
Works/City Engineer to advertise for bids for the construction of
storm drains in Palm Avenue and Ohio Avenue.
RECESS MEETING
At 12:00 p.m., Mayor Valles recessed the meeting to 2:00 p.m.
in the Council Chambers of City Hall.
~ RECONVENE MEETING
At 2: 04 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 and 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: 04 p. m., Chairwoman Valles called to order the joint
regular meeting of the Community Development Commission/San
Bernardino Joint Powers Financing Authority/San Bernardino Park
Acquisition Joint Powers Financing Authority/San Bernardino
Associated Communities Financing Authority and Mayor and Common
Council.
15
3/16/1998
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 & ORDINANCES (R2)
Council Member Estrada made a motion, seconded by Council
Member Arias, that full reading of the resolutions and ordinances
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.
The motion carried by the following vote:
Members Estrada, Lien, Arias, Devlin, Anderson,
None. Abstain: Council Member Schnetz. Absent:
Ayes:
Miller.
None.
Council
Nays:
COMMUNITY DEVELOPMENT BLOCK GRANT - AGREEMENT - THIRD
YEAR ACTION PLAN - CONSOLIDATED PLAN - UNITED STATES
DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD)
GOODWILL INDUSTRIES (R4)
Ronald Winkler, Development Director, Economic Development
Agency, submitted a Staff Report dated March 11, 1998, concerning
a Community Development Block Grant agreement with Goodwill
Industries.
Council Member Estrada made a motion, seconded by Council
Member Arias, that the Mayor and Common Council of the City of San
Bernardino authorize and direct the execution of Community
Development Block Grant (CDBG) funding agreement between the City
of San Bernardino and the corresponding agency.
The motion carried by the following vote:
Members Estrada, Lien, Arias, Devlin, Anderson,
None. Abstain: Council Member Schnetz. Absent:
Ayes:
Miller.
None.
Council
Nays:
COMMUNITY DEVELOPMENT BLOCK GRANT - AGREEMENT - THIRD
YEAR ACTION PLAN - CONSOLIDATED PLAN - UNITED STATES
DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) - CITY
FIRE DEPARTMENT (R5)
Ronald Winkler, Development Director, Economic Development
Agency, submitted a Staff Report dated March 11, 1998, concerning
a Community Development Block Grant agreement with the city's Fire
Department.
Council Member Estrada made a motion, seconded by Council
Member Arias, that the Mayor and Common Council of the City of San
16
3/16/1998
Bernardino authorize and direct the execution of Community
Development Block Grant (CDBG) funding agreement between the City
of San Bernardino and the corresponding agency.
The motion carried by the following vote:
Members Estrada, Lien, Arias, Devlin, Anderson,
None. Abstain: Council Member Schnetz. Absent:
Ayes:
Miller.
None.
Council
Nays:
SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED
At 2:22 p.m., Senior Assistant City Attorney Carlyle left the
council meeting and was replaced by City Attorney Penman.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, APPROVING THE DISPOSITION AND
TRANSFER OF CERTAIN REAL PROPERTY FROM THE REDEVELOPMENT
AGENCY TO THE CITY OF SAN BERNARDINO (STADIUM COMPLEX)
(R8A)
Council Member Devlin made a motion,
Member Anderson, and unanimously carried,
tabled.
seconded by Council
that the matter be
COUNCIL MEMBER MILLER EXCUSED
At 2:23 p.m., Council Member Miller left the council meeting.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND
AMENDMENT NO. 1 TO THE DEVELOPMENT AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND PREMIS PARTNERS. (RSlA)
Council Member Devlin made a motion, seconded
Member Anderson, and unanimously carried, that the
continued to the Mayor and Council meeting of April 6,
by Council
matter be
1998.
RECESS MEETING - CLOSED SESSION (1,R9&RS2)
At 2: 24 p. 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):
Thomas Williams, et al. vs. City of San Bernardino, et
al. - San Bernardino Superior Court Case No. SCV 33078;
Amrut N. Patel, et al. vs. James F.
United States District Court Case No.
(Kx) ;
Penman, et al.
CV 91-01420 RSWL
17
3/16/1998
Lawhon,
et al.
25826;
et al. vs. California Pavement Maintenance Co.,
San Bernardino Superior Court Case No. SCV
Robert Kleitz vs. County/City of San Bernardino, Officer
J. Black, et al. - United States District Court Case No.
EDCV 97-209RT (VAPx);
Robert Neves, et al. vs.
United States District
(VAPx) ;
City of San Bernardino, et al. -
Court Case No. EDCV 98-42RT
City of San Bernardino vs. Hubbs, et al. - San Bernardino
Superior Court Case No. SCV 34309.
B. Conference with legal counsel - anticipated litigation -
significant exposure to litigation pursuant to
subdivision (b) of Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation -
initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9.
D. Conference with legal counsel personnel matter
pursuant to Government Code Section 54957.
CLOSED SESSION
At 2:24 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;
Special Counsel Sabo, Agency Administrator Steinhaus, and
Development Director Winkler, Economic Development Agency.
SENIOR ASSISTANT CITY ATTORNEY SIMMONS ARRIVED
At 2:27 p.m., Senior Assistant City Attorney Simmons arrived
at the closed session.
SPECIAL COUNSEL SABO, AGENCY ADMINISTRATOR STEINHAUS &
DEVELOPMENT DIRECTOR WINKLER EXCUSED
At 2: 27 p. m., Special Counsel Sabo, Agency Administrator
Steinhaus and Development Director Winkler, Economic Development
Agency, left the closed session.
18
3/16/1998
CITY ADMINISTRATOR WILSON ARRIVED
At 2:27 p.m., City Administrator Wilson arrived at the closed
session.
ADJOURN CLOSED SESSION
At 3:05 p.m., the closed session adjourned to the Council
Chambers of City Hall.
RECONVENE MEETING
At 3:06 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, City Clerk
Clark, City Administrator Wilson. Absent: None.
RES. 98-85 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO.
8234 ENTITLED, IN PART, "RESOLUTION... ESTABLISHING
PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS,
ALLEYS, OR PORTIONS THEREOF..."; AND AUTHORIZING THE
REMOVAL OF THE TWO-HOUR PARKING LIMITATION ON THE EAST
AND WEST SIDE OF "D" STREET BETWEEN 16TH STREET AND 200
FEET NORTH OF 16TH STREET. (19)
City Attorney Penman inquired if the Mayor and Council had the
latest version of the resolution for an amendment had been made.
City Clerk Rachel Clark read the title of the resolution into
the record.
Council Member Miller made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 98-85 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson,
Miller. Nays: None. Absent: None.
RES. 98-86 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO.
3985 ENTITLED, IN PART, "RESOLUTION... PROHIBITING
PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS
THEREOF.. .", TO ESTABLISH NO PARKING FROM SEVEN P.M. TO
FIVE A.M. ZONES ON VALLEY STREET FROM "G" STREET TO THE
END OF CONGRESS STREET WEST OF "G" STREET. (20)
Council Member Miller made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
19
3/16/1998
Resolution No. 98-86 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, Arias, Schnetz, Devlin, Anderson,
Miller. Nays: None. Absent: None.
AUTHORIZE PURCHASING MANAGER - ISSUE PURCHASE ORDER -
QUALITY ROLL UP DOOR & FENCE MANUFACTURING - WROUGHT IRON
FENCING - AL GUHIN PARK SOCCER FIELDS (21)
Annie Ramos, Director of Parks, Recreation and Community
Services, submitted a Staff Report dated February 12, 1998,
concerning the installation of wrought iron fencing at the Al Guhin
Park Soccer Fields.
Council Member Devlin stated that he would be abstaining from
the vote because he has a family member who works for the fence
company.
COUNCIL MEMBER DEVLIN EXCUSED
At 3:20 p.m., Council Member Devlin left the council meeting.
Council Member Anderson made a motion, seconded by Council
Member Estrada, that the city Purchasing Manager be authorized to
issue a purchase order to Quality Roll Up Door and Fence
Manufacturing, 1024 West Base Line Street, San Bernardino, for the
purchase and installation of wrought iron fencing at Al Guhin Park
Soccer Fields.
The motion carried by the following vote:
Members Estrada, Lien, Schnetz, Anderson, Miller.
Member Arias. Absent: Council Member Devlin.
Ayes:
Nays:
Council
Council
COUNCIL MEMBER DEVLIN RETURNED
At 3:22 p.m., Council Member Devlin returned to the council
meeting and took his place at the council table.
LEGAL ADVICE - RALPH M. BROWN ACT - PUBLIC RECORDS
CITY ATTORNEY'S OFFICE (Continued from March 2,
(Discussed later in the meeting - page 21)
ACT -
1998)
(22)
City Attorney Penman provided a synopsis of the provisions of
the Ralph M. Brown Act, the Public Records Act and the legal roles
of the Mayor and Council as city officials and private citizens.
Because of the disruption from a member of the public, Mayor
Valles called a short recess until order could be restored.
RECESS MEETING
At 3:23 p.m., Mayor Valles declared a five-minute recess.
20
3/16/1998
RECONVENE MEETING
At 3:26 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, City Clerk
Clark, City Administrator wilson. Absent: None.
LEGAL ADVICE - RALPH M. BROWN ACT- PUBLIC RECORDS
CITY ATTORNEY'S OFFICE (Continued from March 2,
(Discussed earlier in the meeting - page 20)
ACT -
1998)
(22)
A question and answer period was held concerning the various
applications of the law.
Council requested copies of any documentation wherein elected
officials were involved in violations of the Ralph M. Brown Act.
No further action was taken on this item.
APPROVE - LEASE/LEASEBACK FINANCING & AIRPORT OWNERSHIP -
SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY (SBIAA) -
(Continued from February 16, 1998) (23)
Timothy
International
the proposed
rationale for
debts.
Sabo, General Counsel for the San Bernardino
Airport Authority (SBIAA), explained the structure of
lease/leaseback financing for the SBIAA and the
obligating an entity to guarantee the payment of the
A discussion was held concerning the action taken by the other
cities who are members of the SBIAA, lease payments, source of
operating funds, and the pros and cons of the proposed
lease/leaseback financing.
Jeff Wright, P. O. Box 2341, San Bernardino, CA, opposed the
lease/leaseback financing of the San Bernardino International
Airport Authority and submitted documents into the record.
City Clerk Clark announced that the documents submitted by
Jeff Wright consisted of literature provided by the city relative
to storm water pollution, El Nino, and recyclables.
Council Member Devlin made a motion, seconded by Council
Member Estrada, and unanimously carried, that the matter be
continued to a study session to be held at 9:00 a.m., Monday, March
30, 1998, in the Economic Development Agency Board Room, 201 North
"E" Street, San Bernardino, California.
21
3/16/1998
ESTABLISH - AD HOC COMMITTEE
BERNARDINO - APPOINT MEMBERS
LAKE CONCEPT FOR SAN
(Sl)
Council Member Estrada submitted a Staff Report dated March
12, 1998, concerning the establishment of an Ad Hoc Committee on
the Lake Concept for San Bernardino.
A discussion was held concerning the purpose for the
establishment of the committee.
Council Member Estrada made a motion, seconded by Council
Member Anderson, and unanimously carried, that the Mayor and Common
Council establish an Ad Hoc Committee on Lake Concept for San
Bernardino, and appoint the following members: Esther R. Estrada,
Susan Lien, and Rita Arias; and Norine Miller as an alternate
member.
ADJOURNMENT (26)
At 4:26 p.m., the joint regular meeting adjourned to 9:00
a.m., Monday, March 30, 1998, in the Economic Development Agency
Board Room, 201 North "E" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
By
No. of Items: 32
No. of Hours: 6.5
22
3/16/1998