HomeMy WebLinkAbout06-15-1998 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
AND COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JUNE 15, 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: 06 a. m., Monday, June 15,
1998, in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
ROLL CALL
Roll call was taken by Deputy City Clerk Cordova with the
following being present: Mayor Valles; Council Members Lien,
Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman,
Deputy City Clerk Cordova, City Administrator Wilson. Absent:
Council Member Estrada.
RECESS MEETING - CLOSED SESSION - (Discussed later in the
meeting - pages 19 & 25) (1)
At 8:06 a.m., the Mayor and Common Council and Community
Development Commission recessed to closed session for the
following:
Pursuant to Government Code Sections:
A. Conference with legal counsel existing litigation
pursuant to Government Code Section 54956.9(a)
Robert Ramirez vs. Ci tv of San Bernardino - Workers'
Compensation Appeals Board Case No. SBR 192570;
Citv of San Bernardino Hotel/Motel Association vs. Citv
of San Bernardino - San Bernardino Superior Court Case
No. SCV 46722;
In Re the Estate of Larrv Nash - San Bernardino Superior
Court Case No. SPR 56637 (Desert Region) convenient;
Michael Shavne Lawhon.
Maintenance Co.. et al.
Case No. SCV 25826;
et al. vs. California Pavement
- San Bernardino Superior Court
Teresa D. Anava vs. City of San Bernardino San
Bernardino Superior Court Case No. SCV 42353;
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6/15/1998
Peoole of the
Anderson (AKA
Superior Court
State of California vs.
Careel Denovia Fov)
Case No. SCV 47457;
Carell Denovia
San Bernardino
Anthony Banks vs. City of San Bernardino - United States
District Court Case No. CV 95-3656;
Anthony Banks vs. Citv of San Bernardino. et al. - United
States District Court Case No. CV 98-4001 CM (RC);
citv of San Bernardino vs. Ione Carey. et al. San
Bernardino Superior Court Case No. SCV 35991;
Lechon Chambers vs. Ci tv of San Bernardino. et al.
United States District Court Case No. EDCV 96-284;
James C. Clark vs. City of San Bernardino. et al. - San
Bernardino Superior Court Case No. SCV 40674;
Robvn Courtney vs. City of San Bernardino. et al. - San
Bernardino Municipal Court Case No. 45022;
Lawrence Crain vs. City of San Bernardino. et al.
United States District Court Case No. CV 97-5227 SVW
(CWx) ;
Brian S. Deam vs. City of San Bernardino. et al. - San
Bernardino Superior Court Case No. SCV 41377;
Shirley J. Goodwin vs. Citv of San Bernardino. et al. -
United States District Court Case No. EDCV 98-66 RT
(VAPx) ;
citv of San Bernardino vs. David Green. et al. - San
Bernardino Superior Court Case No. SCV 35993;
City of San Bernardino vs. Emilio Hernandez. et al. - San
Bernardino Superior Court Case No. SCV 42264;
Andrew Hernandez. a minor. vs. Citv of San Bernardino. et
al. - San Bernardino Superior Court Case No. SCV 36341;
Howard Contractinq.
Bernardino. et al. -
No. SCV 39468;
Inc.. etc.. vs. City of San
San Bernardino Superior Court Case
Richard Jimenez. et al. vs. City of San Bernardino. et
al. - United States District Court Case No. CV 97-0086 RT
(RC) ;
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Richard Jimenez. et al. vs. City of San Bernardino. et
al. - United States District Court Case No. CV 97-0157 RT
(VAPx) ;
Rose Mihata vs. City of San Bernardino. et al. - San
Bernardino Superior Court Case No. SCV 30467;
Bertha Morana vs. City of San Bernardino. et al. - San
Bernardino Superior Court Case No. SCV 39012;
Mark Olson vs. Citv of San Bernardino. et al. San
Bernardino Superior Court Case No. SCV 42981;
Citv of San Bernardino vs. Weldon Page - San Bernardino
Superior Court Case No. SCV 35981;
Edward Powe vs. City of San Bernardino. et al. - San
Bernardino Superior Court Case No. SCV 36830;
Kathrvn N. Rasche vs. Citv of San Bernardino. et al.
San Bernardino Superior Court Case No. SCV 47732;
Victor Huao L. Realsola. et al. vs. City of San
Bernardino. et al. - San Bernardino Municipal Court Case
No. 36595;
Kathleen Reynolds vs. City of San Bernardino. et al.
San Bernardino Superior Court Case No. SCV 33562;
Deborah Richter vs. City of San Bernardino. et al. - San
Bernardino Superior Court Case No. SCV 45876;
Richard A. Rister vs. City of San Bernardino. et al.
San Bernardino Superior Court Case No. SCV 30482;
Randv Schlosser vs. City of San Bernardino. et al. - San
Bernardino Superior Court Case No. SCV 20993;
Citv of San Bernardino vs. John Schmitz - San Bernardino
Superior Court Case No. SCV 35978;
City of San Bernardino vs. Shinina Star Marketina. Inc. -
San Bernardino Municipal Court Case No. 44297;
City of San
Department of
Court Case No.
Bernardino vs.
Mental Health -
SCV 36995;
State of California,
San Bernardino Superior
Alda Mirta Varaas. et al. vs. City of San Bernardino. et
al. - San Bernardino Superior Court Case No. SCV 42051;
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Alda Mirta Varqas. et al. vs. City of San Bernardino. et
al. - United States District Court Case No. CV 97-9547
MRP (RZx);
Thomas Williams. et al. vs. Citv of San Bernardino. et
al. - San Bernardino Superior Court Case No. SCV 33078.
B.
Conference with legal counsel
significant exposure to
subdivision (b) (1) & (3) (A)
54956.9: one.
- anticipated litigation -
litigation pursuant to
of Government Code Section
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 8:07 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 Deputy City Clerk Cordova with the
following being present: Mayor Valles; Council Members Lien,
Arias, Schnetz, Devlin, Anderson, Miller; City Attorney Penman,
Deputy City Clerk Cordova, City Administrator Wilson. Absent:
Council Member Estrada.
Also present: Senior Assistant City Attorneys Carlyle and
Simmons, Deputy City Attorneys Coleman and Murad, and Edna
Anderson, Administrative Operations Supervisor, City Attorney's
Office; Police Chief Dean, Acting Personnel Director Raya and
Robert Bakke of Mark, Bolson, Kuntz and Serembe, 600 N. Arrowhead
Avenue, Suite 215, San Bernardino, CA.
READING OF RESOLUTIONS & ORDINANCES
Deputy City Clerk Hartzel read the titles of all the
resolutions and ordinances on the regular agenda of the Mayor and
Common Council and 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.
ACTING PERSONNEL DIRECTOR RAYA & SPECIAL COUNSEL BAKKE
EXCUSED
At 8: 11 a. m., Acting Personnel Director Raya and Special
Counsel Bakke left the closed session.
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CODE COMPLIANCE DIRECTOR BAUDE ARRIVED
At 8:11 a.m., Code Compliance Director Baude arrived at the
closed session.
COUNCIL MEMBER ESTRADA ARRIVED
At 8:37 a.m., Council Member Estrada arrived at the closed
session.
ADJOURN CLOSED SESSION
At 8: 56 a. m., the closed session adj ourned to the Council
Chambers of City Hall.
RECONVENE MEETING
At 9: 02 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 Deputy City Clerk Cordova with the
following being present: Mayor Valles; Council Members Estrada,
Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney
Penman, Deputy City Clerk Cordova, City Administrator Wilson.
Absent: None.
INVOCATION
The invocation was given by Reverend Jeffrey Morehead, Grace
Chapel.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Anderson.
APPOINTMENTS - BOARD OF FIRE COMMISSIONERS - CENTRAL CITY
PARKING PLACE COMMISSION - COMMUNITY DEVELOPMENT CITIZENS
ADVISORY COMMITTEE BUREAU OF FRANCHISES HUMAN
RELATIONS COMMISSION - MAIN STREET ADVISORY BOARD - PARKS
AND RECREATION COMMISSION - BOARD OF POLICE COMMISSIONERS
(2A-I)
Mayor Valles submitted staff reports dated June 8 and 10,
1998, respectively, requesting appointments to various committees,
as requested by herself and Council Members Lien and Schnetz.
MAYOR VALLES
Human Relations Commission -
Pratap Champsi (Alternate
Appointment)
COUNCIL MEMBER LIEN
Parks and Recreation Commission - Kathyleen Ann Weathers
(Appointment)
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6/15/1998
Bureau of Franchises -
Dennis W Cole
(Appointment)
Manny W. Cervantes
(Appointment)
Board of Police commissioners -
COUNCIL MEMBER SCHNETZ
Main Street Advisory Board -
Board of Fire Commissioners -
Larry Raymond Quiel
(Reappointment)
Car son S tor e r
(Reappointment)
Central City Parking Place
Commission -
Community Development Citizens
Advisory Committee -
Ray Fox (Reappointment)
Bureau of Franchises -
Lenore H. Schon
(Reappointment)
John Shultz (Reappointment)
Council Member Devlin made a motion, seconded by Council
Member Anderson, and unanimously carried, that the appointments
and/or reappointments, as requested by Council Members Lien and
Schnetz, be approved. (Note: No action was taken on Mayor Valles'
appointment. )
CERTIFICATE OF RECOGNITION
BIRTHDAY
MARGARET VILLA
90TH
(3)
A certificate of recognition was presented by Mayor Valles and
Council Member Estrada to Margaret Villa on the celebration of her
90th birthday. Ms. Villa was honored for her dedicated service to
the community.
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 Department Years of Service
Henry Empeno, Jr. City Attorney 10-year pin
Michael Clark Fire 10-year pin
Curtis Janeway Fire 10-year pin
John Roberg Fire 25-year pin
Steven Rouchleau Parks, Recreation & 10-year pin
Community Services
Guadalupe Padilla Parks, Recreation & 3D-year pin
Community Services
Joseph Lease Planning & Building 10-year pin
Services
Ronald Kain Public Services 10-year pin
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6/15/1998
Each employee received a service pin presented by Mayor
Valles.
ANNOUNCEMENTS - MAYOR VALLES
(4)
Mayor Valles made the following announcements:
She had the privilege of speaking at one of the ceremonies
held at California State University, San Bernardino, and 2 out of
40 scholarships were granted to San Bernardino students. Mayor
Valles voiced her admiration for the young adults within the city.
GE Capital Mortgage Services will be expanding their local
facility and hiring approximately 500 new employees within the next
few months. She extended her deepest thanks for the commitment
they have made to our community.
Debi Biggs, Director of Animal Control, has offered to have
her hair shaved off if $6,000 in donations is received. The money
collected will be applied towards Iodine Deficiency Disorders
(IDD) , which is the world's leading cause of preventable birth
defects and mental retardation. Current donations total $5,000.
If she reaches her goal, she will have her head shaved at the July
15 meeting of the Kiwanis Club.
Mayor Valles and City Clerk Rachel Clark were designated as 2
of 29 Hispanic elected officials, selected throughout the United
States, to participate in the Third Informative Journey About
Mexico. Mayor Valles was unable to attend; however, City Clerk
Rachel Clark is presently in Mexico and is attending this important
conference.
ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA
(4)
Council Member Estrada announced that a health fair
coordinated by Kiwanis Club of Greater San Bernardino was held this
past weekend at Casa Ramona. It was attended by 3,000+
individuals, and the examinations were given free of charge. She
thanked Ralph Hernandez who coordinated the successful event.
Council Member Estrada also stated that she has been working with
Danny Flores of Low Riders to coordinate an event to be held at
Nunez Park in conjunction with the Route 66 Rendezvous.
ANNOUNCEMENTS - COUNCIL MEMBER ARIAS
(4)
Council Member Arias stated that she participated in the
Leukemia Society Celebrity Waiter event held at Castaways and now
has a greater appreciation for waiters. She also noted that she
attended the Mexico City conference last year and her experience
was extremely positive.
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6/15/1998
ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ
(4)
Council Member Schnetz announced that he was present at the
Highland Senior Center University graduation and was pleased to see
the number of participants taking advantage of the valuable
resources. Over 120 individuals took part in the ceremony and 300+
students are actively involved in the university.
ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON
(4)
Council Member Anderson thanked the Mayor, staff and GE
Capital Mortgage Services who were responsible for GE's expansion
within the city. She noted that they are a Fortune 500 company
located in the Sixth Ward. Mrs. Anderson also announced that Santa
Barbara Aircraft is currently recruiting for 20 apprentice aircraft
mechanic positions. A 10-week aircraft mechanic training course is
available at San Bernardino Valley College.
PUBLIC COMMENTS - PASTOR VERNON SHAW
(5)
Pastor Vernon Shaw, 1525 North "D" Street,
Bernardino, CA, stated that he has been operating
for the past two years and would appreciate
assistance from the city.
Suite 13, San
within the city
any financial
PUBLIC COMMENTS - BARBARA WITMER
(5)
Barbara Witmer, 1848 E. San Bernardino Avenue, San Bernardino,
CA, requested that the city consider the placement of a four-way
stop at Richardson Street and San Bernardino Avenue and that the
speed limit be reduced from 45 mph to 35 mph. She voiced concern
regarding the safety of the residents.
PUBLIC COMMENTS - JAY LINDBERG
(5)
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated
that he has initiated a petition to have all law enforcement
officers undergo a mandatory drug test.
PUBLIC COMMENTS - BOB NEVES
(5)
Bob Neves, 2348 Sterling Avenue #439, San Bernardino, CA,
distributed a flyer relative to his consulting firm which
specializes in educating the public on the Americans With
Disabilities Act.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6)
Council Member Anderson made a motion, seconded by Council
Member Miller, and unanimously carried, that full reading of the
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6/15/1998
resolutions and ordinances on the regular agenda of the Mayor and
Common Council be waived.
COUNCIL MINUTES
(7)
Council Member Anderson 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: May
18, 1998; May 28, 1998.
CLAIMS & PAYROLL
(8)
Council Member Anderson 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 June 10, 1998, from Barbara Pachon, Director of Finance, be
approved.
RES. 98-135 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON
CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY
OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF
PUBLIC NUISANCES. (BUILDING ABATEMENTS) (10)
Council Member Anderson made a motion, seconded by Council
Member Miller, that said resolution be adopted; and that the City
Clerk be directed to administratively remove any properties from
Exhibit "A" which have been paid.
The motion carried and Resolution No. 98-135 was adopted by
the following vote: Ayes: Council Members Estrada, Lien, Arias,
Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None.
RES. 98-136 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO
WILTSHIRE URETHANE FOAM COMPANY FOR REROOFING OF FIRE
STATIONS #9 AND #11. (13)
RES. 98-137 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 951, ZONE 1 AND ZONE 2, LANDSCAPING
CONSTRUCTION AND MAINTENANCE DISTRICT, WAGONWHEEL ROAD
AREA. (16A)
RES. 98-138 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 952, ZONE 1, ZONE 2, ZONE 2A, AND ZONE 3,
LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, STATE
UNIVERSITY AREA. (16B)
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6/15/1998
RES. 98-139 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 953, LANDSCAPING MAINTENANCE DISTRICT, 16TH
STREET AND MEDICAL CENTER DRIVE AREA. (16C)
RES. 98-140 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 956, LANDSCAPING MAINTENANCE DISTRICT,
CARNEGIE DRIVE AREA. (16D)
RES. 98-141 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 959, ZONE 1, LANDSCAPING MAINTENANCE,
SHANDIN HILLS AREA. (16E)
RES. 98-142 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 962, SEWER LIFT STATION MAINTENANCE
DISTRICT, PINE AVENUE AREA. (16F)
RES. 98-143 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 963, SEWER LIFT STATION MAINTENANCE
DISTRICT, ALLEN STREET AREA. (16G)
RES. 98-144 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 968, LANDSCAPING MAINTENANCE DISTRICT,
AIRPORT DRIVE. (16H)
RES. 98-145 - RESOLUTION OF THE CITY OF SAN
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR
DISTRICT NO. 973, INSTALLATION OF TRAFFIC
UNIVERSITY PARKWAY AND HALLMARK PARKWAY.
BERNARDINO
ASSESSMENT
SIGNALS AT
(16I)
RES. 98-146 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 974, LANDSCAPING MAINTENANCE DISTRICT,
RIALTO AVENUE AND EUCALYPTUS AVENUE AREA. (16J)
RES. 98-147 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 975, LANDSCAPING MAINTENANCE DISTRICT,
PEPPER AVENUE AND MILL STREET AREA. (16K)
RES. 98-148 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 976, LANDSCAPING MAINTENANCE DISTRICT, PINE
AVENUE AND BELMONT AVENUE AREA. (16L)
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6/15/1998
RES. 98-149 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 981, LANDSCAPING MAINTENANCE DISTRICT,
MERIDIAN AVENUE AND RANDALL AVENUE AREA. (16M)
RES. 98-150 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 982, LANDSCAPING MAINTENANCE DISTRICT,
PIEDMONT DRIVE AREA. (16N)
RES. 98-151 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 986, LANDSCAPING MAINTENANCE DISTRICT,
RIALTO AVENUE AND MACY STREET AREA. (160)
RES. 98-152 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 989, SEWER LIFT STATION AND LANDSCAPING
MAINTENANCE DISTRICT, MILL STREET AND MACY STREET AREA.
(16P)
RES. 98-153 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 991, LANDSCAPING MAINTENANCE DISTRICT,
VERDEMONT DRIVE AND OLIVE AVENUE AREA. (16Q)
RES. 98-154 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 993, LANDSCAPING MAINTENANCE DISTRICT, CAJON
BOULEVARD AND JUNE STREET AREA. (16R)
RES. 98-155 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 997, LANDSCAPING MAINTENANCE DISTRICT,
CHESTNUT AVENUE AREA. (16S)
RES. 98-156 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 1001, LANDSCAPING MAINTENANCE DISTRICT,
PENNSYLVANIA AVENUE AND BIRCH STREET AREA. (16T)
RES. 98-157 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 1002, LANDSCAPING MAINTENANCE DISTRICT, "H"
STREET AREA. (16U)
RES. 98-158 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 1004, INSTALLATION OF TRAFFIC SIGNALS,
COMMERCENTER EAST AND HOSPITALITY LANE. (16V)
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6/15/1998
RES. 98-159 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 1005, LANDSCAPING MAINTENANCE DISTRICT,
CAJON BOULEVARD AND PEPPER LINDEN AVENUE AREA. (16W)
RES. 98-160 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 1007, LANDSCAPING MAINTENANCE DISTRICT,
PEPPER AVENUE AND RANDALL AVENUE AREA. (16X)
RES. 98-161 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 1012, LANDSCAPING MAINTENANCE DISTRICT, MILL
STREET AND BURNEY STREET AREA. (16Y)
RES. 98-162 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 1016, LANDSCAPING MAINTENANCE DISTRICT,
COULSTON STREET AREA. (16Z)
RES. 98-163 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 1017, LANDSCAPING MAINTENANCE DISTRICT,
KENDALL AVENUE AND PINE AVENUE AREA. (16M)
RES. 98-164 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998/99 ASSESSMENT ROLL FOR ASSESSMENT
DISTRICT NO. 1019, LANDSCAPING MAINTENANCE DISTRICT,
NORTH PARK BOULEVARD AND MOUNTAIN DRIVE AREA. (lQm)
Council Member Anderson made a motion, seconded by Council
Member Miller, that said resolutions be adopted.
Resolution Nos. 98-136, 98-137, 98-138, 98-139, 98-140, 98-
141, 98-142, 98-143, 98-144, 98-145, 98-146, 98-147, 98-148, 98-
149, 98-150, 98-151, 98-152, 98-153, 98-154, 98-155, 98-156, 98-
157, 98-158, 98-159, 98-160, 98-161, 98-162, 98-163 and 98-164 were
adopted by the following vote: Ayes: Council Members Estrada,
Lien, Arias, Schnetz, Devlin, Anderson, Miller. Nays: None.
Absent: None.
PERSONNEL ACTIONS
(9)
Ci ty Administrator Wilson requested that Item No. Fi ve be
deleted because the candidate had accepted employment elsewhere.
Council Member Estrada made a motion, seconded by Council
Member Anderson, and unanimously carried, that the personnel
actions as submitted by the Chief Examiner dated June 4, 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, with the deletion of Item NO.5.
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6/15/1998
ORD. MC-1024 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO.
Final (11)
Acting Personnel Director Raya answered questions concerning
the amendment which incorporates the 1959 survivor benefits and
stated that the cost would be $3.50 for each employee who opted for
the benefit.
Council Member Estrada made a motion, seconded by Council
Member Devlin, that said ordinance be adopted.
Ordinance No. MC-1024 was adopted
Ayes: Council Members Estrada, Lien,
Anderson, Miller. Nays: None. Absent:
by the following vote:
Arias, Schnetz, Devlin,
None.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT
WITH GLEN HELEN BLOCKBUSTER PAVILION. (Discussed later
in the meeting - page 19) (12)
Council Member Miller made a motion,
Member Anderson, and unanimously carried,
continued to this afternoon.
seconded by Council
that the matter be
RES. 98-165 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO
VANCE CORPORATION FOR PAVEMENT REHABILITATION AT SIERRA
WAY BETWEEN MILL STREET AND RIALTO AVENUE AND MILL STREET
BETWEEN MT. VERNON AND "I" STREET. (14)
Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA,
inquired about the funds allocated for curb cuts.
Acting Director of Public Works/Engineering Hays stated that
$46,000 has been allocated for curb cuts and a status report would
be provided to the council at a future date.
Council Member Schnetz made a motion, seconded by Council
Member Anderson, that the Mayor and Common Council authorize the
transfer of $150,000 from Account No. 126-369-5504-7008 40th
Street, 3rd Street to Acre Lane, to Account No. 129-367-5504-7103
and 129-367-5504-7104 - Sierra Way, Mill Street to Rialto Avenue
and Mill Street, "In Street to Mt. Vernon Avenue; and that said
resolution be adopted.
The motion carried and Resolution No. 98-165 was adopted by
the following vote: Ayes: Council Members Estrada, Lien, Arias,
Schnetz, Devlin, Anderson, Miller. Nays: None. Absent: None.
13
6/15/1998
RES. 98-166 - RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE 1998-99 ASSESSMENT ROLL FOR ACQUISITION
AND IMPROVEMENTS FOR THE DOWNTOWN CENTRAL CITY PARKING
DISTRICT NO. 947. (15)
City Administrator Wilson answered questions relative to the
funding source for the maintenance, operation and security of the
Central City Parking District and Assessment Roll No.2, Expansion
of Facilities.
Council Member Anderson made a motion, seconded by Council
Member Devlin, that said resolution be adopted; and that the
assessments for the costs of maintenance, operation and security
for the Central City Parking District, and Assessment Roll 2, for
the expansion of facilities, be suspended until termination of the
assessment district.
The motion carried and Resolution No. 98-166 was adopted by
the following vote: Ayes: Council Members Estrada, Lien, Arias,
Schnetz, Devlin, Anderson. Nays: None. Abstain: Council Member
Miller. Absent: None.
APPROVE REORGANIZATION - LIBRARY - PERSONNEL (17)
Ed Raya, Acting Director of Personnel, submitted a staff
report dated June 8, 1998, concerning the proposed reorganization
of the library personnel.
Council Member Miller made a mot: ion , seconded by Council
Member Arias, and unanimously carried, that one (1) Library
Computer Lab Coordinator position (Range 1359, $2,660-
$3,233/month), be deleted; that one (1) Junior Librarian position
(Range 1324, $2,234-$2,616/month), be deleted; that one (1)
Technology Librarian position (Range 1379, $2,939-$3,573/month), be
established; that one (1) Library Computer Technician position
(Range 1285, $1,839-2, 236/month) be established; and that the
Personnel Department be directed to update Resolution 6413, Section
10, and Resolution 97-244 to reflect this particular action.
RES. 98-167 - RESOLUTION OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO ORDER THE VACATION OF A
PORTION OF ENNIS STREET BETWEEN AMOS AVENUE AND LINCOLN
AVENUE AND RESERVING EASEMENTS FOR SANITARY SEWER, WATER
LINES AND PUBLIC UTILITIES. (18)
Council Member Devlin made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 98 -167 was adopted
Ayes: Council Members Estrada, Lien,
Anderson, Miller. Nays: None. Absent:
by the following vote:
Arias, Schnetz, Devlin,
None.
14
6/15/1998
RES. 98-168 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A
RESOLUTION. .. DESIGNATING CERTAIN STREETS OR PORTIONS
THEREOF AS THROUGH HIGHWAYS...;" AND PROVIDING THAT
THIRTY-FIRST STREET IS A THROUGH HIGHWAY AT ITS
INTERSECTION WITH STODDARD AVENUE. (19)
Council Member Anderson made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 98-168 was adopted
Ayes: Council Members Estrada, Lien,
Anderson, Miller. Nays: None. Absent:
by the following vote:
Arias, Schnetz, Devlin,
None.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
10.52 OF THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING
A THIRTY-FIVE MILE PER HOUR SPEED LIMIT ON SECOND STREET
BETWEEN THE I-215 FREEWAY AND ARROWHEAD AVENUE, A THIRTY-
FIVE MILE PER HOUR SPEED LIMIT ON SIXTH STREET BETWEEN
"H" STREET AND SIERRA WAY, A FORTY MILE PER HOUR SPEED
LIMIT ON CALIFORNIA STREET BETWEEN BASE LINE STREET AND
CAJON BOULEVARD, AND A FORTY-FIVE MILE PER HOUR SPEED
LIMIT ON FORTIETH STREET BETWEEN KENDALL DRIVE AND
ELECTRIC AVENUE. First (20)
Council Member Miller made a motion, seconded by Council
Member Devlin, and unanimously carried, that said ordinance be laid
over for final adoption.
AUTHORIZE BID REJECTION
INSTALL HANDICAP RAMPS -
9793A
- READVERTISEMENT FOR BIDS -
VARIOUS LOCATIONS - PLAN NO.
(21)
Michael
submitted a
installation
Hays, Acting Director of Public Works/Engineering,
staff report dated June 4, 1998, concerning the
of handicap ramps at various locations.
Director Hays answered questions regarding the original
advertisement for bids and the bidding process and stated that 10
ramps have been deleted from the original request.
Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA,
noted the reduction of price for the construction of 40 curb ramps.
Council Member Schnetz made a motion, seconded by Council
Member Anderson, and unanimously carried, that all bids for the
installation of handicap ramps Phase I, per Plan No. 9793, be
rejected; and that the Acting Director of Public Works/Engineering
be authorized to advertise for bids per Plan No. 9793A.
RECESS MEETING
At 9:57 a.m., Mayor Valles declared a five-minute recess.
15
6/15/1998
RECONVENE MEETING
At 10:10 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 Deputy City Clerk Medina with the
following being present: Mayor Valles; Council Members Estrada,
Lien, Arias, Schnetz, Devlin, Anderson, Miller; City Attorney
Penman, Deputy City Clerk Medina, City Administrator Wilson.
Absent: None.
ACCEPT BIDS - ORAL - SALE OF CITY PROPERTY - NORTHEAST OF
THE I-215 FREEWAY - NORTHWEST OF LITTLE LEAGUE DRIVE
(22)
Michael Hays, Acting Director of Public Works/Engineering,
submitted a staff report dated May 21, 1998, concerning the sale of
city property located northeast of the I-215 Freeway and northwest
of Little League Drive.
Mayor Valles stated that the city would now accept oral bids.
Ernest Vincent, Century Cole Communities, stated that his firm
is not submitting a formal bid; however, they would like to
commence negotiations for a purchase price of $3,000,000.
Council Member Anderson made a motion, seconded by Council
Member Arias, and unanimously carried, that the matter be referred
to the Ways and Means Committee.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
CERTAIN MASTER SERVICES AGREEMENT BY AND BETWEEN THE
INLAND VALLEY DEVELOPMENT AGENCY AND THE CITY. (23)
City Administrator Wilson explained the terms of the agreement
and answered questions relative to such.
Fire Chief Pitzer answered questions concerning the costs
associated with a disaster response.
Council questioned the costs itemized within the agreement.
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 July 6, 1998.
RES. 98-169 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF SAN BERNARDINO AWARDING AN INCREASE TO THE ANNUAL
PURCHASE ORDER TO FRESH PAINT FOR MAINTENANCE SERVICES TO
BE UTILIZED BY THE FACILITIES MANAGEMENT DEPARTMENT.
(24)
16
6/15/1998
Council Member Devlin made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 98-169 was adopted
Ayes: Council Members Estrada, Lien,
Anderson, Miller. Nays: None. Absent:
by the following vote:
Arias, Schnetz, Devlin,
None.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING LEASE PURCHASE MASTER AGREEMENT
FOR BANC ONE LEASING CORPORATION FOR THE FURNISHING OF
LEASE PURCHASE FINANCING. (25)
NOTE: The resolution was not distributed with the backup
material; therefore, it will not be available for review.
Council Member Devlin made a motion, seconded by Council
Member Anderson, and unanimously carried, that the matter be
continued to the Mayor and Council meeting of July 6, 1998.
RES. 98-170 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A
JOINT EXERCISE OF POWERS AGREEMENT BY AND AMONG THE CITY
OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO AND THE
SAN BERNARDINO COMMUNITY COLLEGE DISTRICT FOR THE PURPOSE
OF CREATING AN AGENCY TO BE KNOWN AS THE SAN BERNARDINO
REGIONAL EMERGENCY TRAINING CENTER. (26)
Fire Chief Pitzer explained the services to be rendered by the
San Bernardino Regional Emergency Training Center, as proposed
under the joint powers agreement, and answered questions regarding
the costs associated with such.
Council Member Anderson made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 98 -170 was adopted by the following vote:
Ayes: Council Members Estrada, Arias, Schnetz, Devlin, Anderson,
Miller. Nays: Council Member Lien. Absent: None.
RES. 98-171 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT
WITH WILLIAM S. LANE (POLYGRAPHIST), INTERNAL CONTROL FOR
PROVIDING PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS FOR LAW
ENFORCEMENT TRAINEES, LATERAL POLICE OFFICERS, PRE-
SERVICE APPLICANTS, AND RESERVE POLICE OFFICER APPLICANTS
TO THE SAN BERNARDINO POLICE DEPARTMENT. (27)
Police Captain Robert Curtis stated that the contract has been
renewed annually since 1990 and answered questions regarding the
awarding of the contract.
17
6/15/1998
Council Member Miller made a motion, seconded by Council
Member Devlin, that said resolution be adopted.
Resolution No. 98-171 was adopted by the following vote:
Ayes: Council Members Estrada, Schnetz, Devlin, Anderson, Miller.
Nays: Council Members Lien, Arias. Absent: None.
RES. 98-172 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT
WITH THE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT FOR
PROVIDING PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS FOR LAW
ENFORCEMENT TRAINEES, LATERAL POLICE OFFICERS, PRE-
SERVICE APPLICANTS, AND RESERVE POLICE OFFICER APPLICANTS
TO THE SAN BERNARDINO POLICE DEPARTMENT. (28)
Council Member Devlin made a motion, seconded by Council
Member Anderson, that said resolution be adopted.
Resolution No. 98-172 was adopted
Ayes: Council Members Estrada, Lien,
Anderson, Miller. Nays: None. Absent:
by the following vote:
Arias, Schnetz, Devlin,
None.
BUDGET AMENDMENT - FISCAL YEAR 1997/98 - INCREASE $13,600
- ASSET FORFEITURE FUND - CELLULAR TELEPHONE SERVICES
(29)
Lee Dean, Chief of Police, submitted a staff report dated June
8, 1998, concerning a budget amendment to fund the increased costs
associated with cellular telephone services.
Council Member Devlin made a motion, seconded by Council
Member Anderson, and unanimously carried, that the Mayor and Common
Council authorize the Director of Finance to amend the fiscal year
1997/98 budget to reflect a $13,600 increase in the asset
forfeiture budget to cover increased costs for cellular telephone
services.
RES. 98-173 A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, SUCCESSOR TO THE
SOUTH SAN BERNARDINO COUNTY WATER DISTRICT, ASSESSING
PROPERTIES WITHIN THE PREVIOUS DISTRICT BOUNDARIES IN THE
AMOUNT OF $14,300.00 FOR THE FISCAL YEAR 1998/99.
(Continued from June 1, 1998) (30)
Bernard Kersey, General Manager of the Water Department,
answered questions regarding the assessment and explained that they
are assuming debt which already existed.
Council Member Miller made a motion, seconded by Council
Member Lien, that said resolution be adopted.
18
6/15/1998
Resolution No. 98-173 was adopted
Ayes: Council Members Estrada, Lien,
Anderson, Miller. Nays: None. Absent:
by the following vote:
Arias, Schnetz, Devlin,
None.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT
WITH GLEN HELEN BLOCKBUSTER PAVILION. (Discussed earlier
in the meeting - page 13) (12)
Council Member Devlin made a motion, seconded
Member Miller, and unanimously carried, that the
continued to the Mayor and Council meeting of July 6,
by Council
matter be
1998.
RECESS MEETING - CLOSED SESSION - (Discussed earlier and
later in the meeting - pages 1 & 25)
At 10: 45 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)
Robert Ramirez vs. Ci tv of San Bernardino - Workers'
Compensation Appeals Board Case No. SBR 192570;
City of San Bernardino Hotel/Motel Association vs. City
of San Bernardino - San Bernardino Superior Court Case
No. SCV 46722;
In Re the Estate of Larry Nash - San Bernardino Superior
Court Case No. SPR 56637 (Desert Region) convenient;
Michael Shayne Lawhon.
Maintenance Co.. et al.
Case No. SCV 25826;
et al. vs. California Pavement
- San Bernardino Superior Court
Teresa D. Anava vs. Citv of San Bernardino San
Bernardino Superior Court Case No. SCV 42353;
People of the
Anderson (AKA
Superior Court
State of Cali fornia vs.
Careel Denovia Foy)
Case No. SCV 47457;
Carell Denovia
San Bernardino
Anthonv Banks vs. Citv of San Bernardino - United States
District Court Case No. CV 95-3656;
Anthonv Banks vs. City of San Bernardino. et al. - United
States District Court Case No. CV 98-4001 CM (RC);
19
6/15/1998
Ci tv of San Bernardino vs. Ione Carey. et al. San
Bernardino Superior Court Case No. SCV 35991;
Lechon Chambers vs. City of San Bernardino. et al.
United States District Court Case No. EDCV 96-284;
James C. Clark vs. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 40674;
Robyn Courtney vs. Citv of San Bernardino. et al. - San
Bernardino Municipal Court Case No. 45022;
Lawrence Crain vs. City of San Bernardino, et al.
United States District Court Case No. CV 97-5227 SVW
(CWx) ;
Brian S. Deam vs. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 41377;
Shirley J. Goodwin vs. City of San Bernardino, et al. -
United States District Court Case No. EDCV 98-66 RT
(VAPx) ;
ci tv of San Bernardino vs. David Green, et al. - San
Bernardino Superior Court Case No. SCV 35993;
-
Citv of San Bernardino vs. Emilio Hernandez, et al. - San
Bernardino Superior Court Case No. SCV 42264;
Andrew Hernandez, a minor, vs. City of San Bernardino, et
al. - San Bernardino Superior Court Case No. SCV 36341;
Howard Contractinq,
Bernardino, et al. -
No. SCV 39468;
Inc., etc., vs. City of San
San Bernardino Superior Court Case
Richard Jimenez, et al. vs. City of San Bernardino, et
al. - United States District Court Case No. CV 97-0086 RT
(RC) ;
Richard Jimenez. et al. vs. Citv of San Bernardino, et
al. - United States District Court Case No. CV 97-0157 RT
(VAPx) ;
Rose Mihata vs. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 30467;
Bertha Morana vs. Citv of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 39012;
Mark Olson vs. Citv of San Bernardino, et al. San
Bernardino Superior Court Case No. SCV 42981;
20
6/15/1998
B.
City of San Bernardino VB. Weldon Paqe - San Bernardino
Superior Court Case No. SCV 35981;
Edward Powe vs. City of San Bernardino. et al. - San
Bernardino Superior Court Case No. SCV 36830;
Kathryn N. Rasche vs. Citv of San Bernardino. et al.
San Bernardino Superior Court Case No. SCV 47732;
Victor Huqo
Bernardino.
No. 36595;
L. Realsola. et al. vs. City of San
et al. - San Bernardino Municipal Court Case
Kathleen Reynolds vs. City of San Bernardino. et al.
San Bernardino Superior Court Case No. SCV 33562;
Deborah Richter vs. Citv of San Bernardino. et al. - San
Bernardino Superior Court Case No. SCV 45876;
Richard A. Rister vs. Citv of San Bernardino. et al.
San Bernardino Superior Court Case No. SCV 30482;
Randy Schlosser vs. Citv of San Bernardino. et al. - San
Bernardino Superior Court Case No. SCV 20993;
City of San Bernardino vs. John Schmitz - San Bernardino
Superior Court Case No. SCV 35978;
City of San Bernardino vs. Shininq Star Marketinq. Inc. -
San Bernardino Municipal Court Case No. 44297;
Citv of San
Department of
Court Case No.
Bernardino vs. State of California.
Mental Health - San Bernardino Superior
SCV 36995;
Alda Mirta Varqas. et al. vs. City of San Bernardino. et
al. - San Bernardino Superior Court Case No. SCV 42051;
Alda Mirta Varqas. et al. vs. City of San Bernardino. et
al. - United States District Court Case No. CV 97-9547
MRP (RZx);
Thomas Williams. et al. vs. citv of San Bernardino. et
al. - San Bernardino Superior Court Case No. SCV 33078.
Conference with legal counsel
significant exposure to
subdivision (b) (1) & (3) (A)
54956.9: one.
- anticipated litigation -
litigation pursuant to
of Government Code Section
21
6/15/1998
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 10:45 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 Deputy City Clerk Medina with the
following being present: Mayor Valles; Council Members Estrada,
Arias, Devlin, Miller; City Attorney Penman, Deputy City Clerk
Medina, City Administrator Wilson. Absent: Council Members Lien,
Schnetz, Anderson.
Also present: Senior Assistant City Attorney Simmons and
Deputy City Attorney Murad.
COUNCIL MEMBERS LIEN & ANDERSON ARRIVED
At 10:48 a.m., Council Members Lien and Anderson arrived at
the closed session.
COUNCIL MEMBER SCHNETZ ARRIVED
At 10:49 a.m., Council Member Schnetz arrived at the closed
session.
COUNCIL MEMBER MILLER EXCUSED
At 11:05 a.m., Council Member Miller left the closed session.
ADJOURN CLOSED SESSION/RECESS MEETING
At 11:12 a.m., the closed session adjourned, and Mayor Valles
recessed the meeting to 2:00 p.m. in the Council Chambers of City
Hall.
RECONVENE MEETING
At 2:03 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 Deputy City Clerk Hartzel 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, Deputy City Clerk Hartzel, Development Director
Winkler. Absent: None.
22
6/15/1998
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: 03 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.
NOTE: Community Development Commission items which require
action by the Mayor and Common Council are denoted by the letter
UR" 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 Miller 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 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.
THIRD YEAR ACTION PLAN - CONSOLIDATED PLAN - COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDING AGREEMENTS
UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT
(HUD) CAMP FIRE & SAN BERNARDINO SEXUAL ASSAULT
SERVICES - CAPITAL IMPROVEMENTS - REHABILITATION (RS1)
Ronald Winkler, Development Director, submitted a staff report
dated June 11, 1998, concerning the acceptance of the Camp Fire and
San Bernardino Sexual Assault Services projects as part of the
Consolidated Plan.
Council Member Anderson made a motion, seconded by Council
Member Estrada, 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.
23
6/15/1998
RES. 98-174 - 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 CHILDREN'S CENTER OF
CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO (PROJECT NO.
96-223) . (RS2)
Council Member Anderson made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution No. 98 -174 was adopted
Ayes: Council Members Estrada, Lien,
Anderson, Miller. Nays: None. Absent:
by the following vote:
Arias, Schnetz, Devlin,
None.
SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED
At 2:12 p.m., Senior Assistant City Attorney Carlyle left the
council meeting and was replaced by City Attorney Penman.
DOWNTOWN CINEMA PROJECT - LOAN GUARANTEE ASSISTANCE -
$7,000,000 - SECTION 108 - UNITED STATES DEPARTMENT OF
HOUSING & URBAN DEVELOPMENT (HUD) - CINEMA STAR MULTI-
PLEX THEATER - CENTRAL CITY NORTH REDEVELOPMENT PROJECT -
METROPOLITAN DEVELOPMENT (RS4)
Ronald Winkler, Development Director, submitted a staff report
dated June 12, 1998, concerning the downtown cinema project.
Director Winkler provided a synopsis of the action taken for
the cinema financing and answered questions regarding the loan
approval by GMAC Mortgage.
Rex Swanson, Metropolitan Development, answered questions
concerning the loan procedures established by GMAC Mortgage.
City Attorney Penman submitted a
dated June 15, 1998 addressing the
financing for the cinema project.
memorandum into the record
concerns of the proposed
Frank Moreno, CinemaStar Luxury Theaters, Inc., answered
questions relative to the loan guarantees.
RES. 98-175 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
CONTRACT FOR LOAN GUARANTEE ASSISTANCE UNDER SECTION 108
OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS
AMENDED, 42 U.S.C. SECTION 5308 (CDBG SECTION 108
CONTRACT NO. B-96-MC-06-0539) FOR THE CINEMA STAR MULTI-
PLEX THEATER PROJECT (CENTRAL CITY NORTH REDEVELOPMENT
PROJECT) . (RS4)
24
6/15/1998
Council Member Devlin made a motion, seconded by Council
Member Anderson, that the matter be continued.
Council Member Anderson removed her second, and the motion
failed for lack of a second.
A discussion ensued regarding the loan guarantees, personal
financial statements and GMAC Mortgage loan approval.
Rex Swanson answered questions concerning the problems which
could arise if the city did not approve the matter today and the
GMAC Mortgage loan process.
Council Member Devlin made a motion, seconded by Council
Member Anderson, that said resolution be adopted contingent upon
receipt of the loan guarantee, personal financial statements and
GMAC Mortgage loan approval.
A discussion was held relative to the various aspects of the
Disposition and Development Agreement, lease agreement and the
requirements imposed by the city.
Council Member Estrada made a substitute motion, seconded by
Council Member Miller, that said resolution be adopted contingent
upon approval of the pertinent documents by City Attorney Penman
and Economic Development Agency Special Counsel Sabo.
James Mulvihill, League of Women Voters, 568 N.
#150, San Bernardino, CA, voiced concern because
studies were poorly conducted.
Mountain View
he felt the
The following individuals expressed
construction of the cinema complex:
support
for
the
Greg Brittain,
Bernardino, CA.
330 North "D" Street,
Suite 300,
San
Dave Delille, Marketing Director, Carousel Mall, 295 Carousel
Mall, San Bernardino, CA.
The substitute motion carried and Resolution No. 98-175 was
adopted by the following vote: Ayes: Council Members Estrada,
Arias, Schnetz, Devlin, Miller. Nays: Council Members Lien,
Anderson. Absent: None.
RECESS MEETING - CLOSED SESSION - (Discussed earlier in
the meeting - pages 1 & 19) (1, R7 & RS5)
At 3:23 p.m., the Mayor and Common Council and Community
Development Commission recessed to closed session for the
following:
25
6/15/1998
Pursuant to Government Code Sections:
A. Conference with legal counsel existing litigation
pursuant to Government Code Section 54956.9(a)
Robert Ramirez vs. City of San Bernardino - Workers'
Compensation Appeals Board Case No. SBR 192570;
City of San Bernardino Hotel/Motel Association vs. City
of San Bernardino - San Bernardino Superior Court Case
No. SCV 46722;
In Re the Estate of Larry Nash - San Bernardino Superior
Court Case No. SPR 56637 (Desert Region) convenient;
Michael Shavne Lawhon.
Maintenance Co.. et al.
Case No. SCV 25826;
et al. vs. California Pavement
- San Bernardino Superior Court
Teresa D. Anava vs. Citv of San Bernardino San
Bernardino Superior Court Case No. SCV 42353;
People of the
Anderson (AKA
Superior Court
State of California vs.
Careel Denovia Fov)
Case No. SCV 47457;
Carell Denovia
San Bernardino
Anthony Banks vs. City of San Bernardino - United States
District Court Case No. CV 95-3656;
Anthony Banks vs. Citv of San Bernardino. et al. - United
States District Court Case No. CV 98-4001 CM (RC);
Citv of San Bernardino vs. Ione Carey. et al. San
Bernardino Superior Court Case No. SCV 35991;
Lechon Chambers vs. City of San Bernardino. et al.
united States District Court Case No. EDCV 96-284;
James C. Clark vs. Citv of San Bernardino. et al. - San
Bernardino Superior Court Case No. SCV 40674;
Robyn Courtnev vs. City of San Bernardino. et al. - San
Bernardino Municipal Court Case No. 45022;
Lawrence Crain vs. Ci tv of San Bernardino. et al.
united States District Court Case No. CV 97-5227 SVW
(CWx) ;
Brian S. Deam vs. Citv of San Bernardino. et al. - San
Bernardino Superior Court Case No. SCV 41377;
26
6/15/1998
Shirley J. Goodwin vs. City of
United States District Court
(VAPx) ;
San Bernardino, et al. -
Case No. EDCV 98-66 RT
Ci ty of San Bernardino vs. David Green. et al. - San
Bernardino Superior Court Case No. SCV 35993;
Citv of San Bernardino vs. Emilio Hernandez, et al. - San
Bernardino Superior Court Case No. SCV 42264;
Andrew Hernandez, a minor, vs. City of San Bernardino, et
al. - San Bernardino Superior Court Case No. SCV 36341;
Howard Contractina. Inc., etc., vs. Citv of San
Bernardino, et al. - San Bernardino Superior Court Case
No. SCV 39468;
Richard Jimenez, et al. vs. Citv of San Bernardino, et
al. - United States District Court Case No. CV 97-0086 RT
(RC) ;
Richard Jimenez, et al. vs. Citv of San Bernardino, et
al. - United States District Court Case No. CV 97-0157 RT
(VAPx) ;
Rose Mihata vs. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 30467;
Bertha Morana vs. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 39012;
Mark Olson vs. City of San Bernardino, et al. San
Bernardino Superior Court Case No. SCV 42981;
City of San Bernardino vs. Weldon Paae - San Bernardino
Superior Court Case No. SCV 35981;
Edward Powe vs. Ci tv of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 36830;
Kathryn N. Rasche vs. City of San Bernardino, et al.
San Bernardino Superior Court Case No. SCV 47732;
Victor Huao L. Realsola, et al. vs. Citv of San
Bernardino, et al. - San Bernardino Municipal Court Case
No. 36595;
Kathleen Reynolds vs. Citv of San Bernardino, et al.
San Bernardino Superior Court Case No. SCV 33562;
Deborah Richter vs. Citv of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 45876;
27
6/15/1998
Richard A. Rister vs. City of San Bernardino, et al.
San Bernardino Superior Court Case No. SCV 30482;
Randv Schlosser vs. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 20993;
Citv of San Bernardino vs. John Schmitz - San Bernardino
Superior Court Case No. SCV 35978;
City of San Bernardino vs. Shininq Star Marketinq. Inc. -
San Bernardino Municipal Court Case No. 44297;
citv of San
Department of
Court Case No.
Bernardino vs.
Mental Heal th -
SCV 36995;
State of California,
San Bernardino Superior
Alda Mirta Varqas, et al. vs. citv of San Bernardino. et
al. - San Bernardino Superior Court Case No. SCV 42051;
Alda Mirta Varqas, et al. vs. Citv of San Bernardino, et
al. - United States District Court Case No. CV 97-9547
MRP (RZx);
Thomas Williams, et al. vs. Citv of San Bernardino, et
al. - San Bernardino Superior Court Case No. SCV 33078.
B.
Conference with legal counsel
significant exposure to
subdivision (b) (1) & (3) (A)
54956.9: one.
- anticipated litigation -
litigation pursuant to
of Government Code Section
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 3:23 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 Deputy City Clerk Medina with the
following being present: Mayor Valles; Council Members Estrada,
Arias, Schnetz, Devlin, Anderson, Miller; Deputy City Clerk Medina,
City Administrator Wilson. Absent: Council Member Lien, City
Attorney Penman.
Also present: Development Director Winkler.
28
6/15/1998
COUNCIL MEMBER
At 3: 32 p. m. ,
session.
LIEN ARRIVED
Council Member
Lien
arrived
at
the
closed
CITY ATTORNEY PENMAN ARRIVED
At 3: 33 p. m., City Attorney Penman arrived at the closed
session,
COUNCIL MEMBER ARIAS EXCUSED
At 4:32 p.m., Council Member Arias left the closed session.
ADJOURN CLOSED SESSION/MEETING (31)
At 4:35 p.m., the closed session and joint regular meeting
adjourned. The next regular meeting of the Mayor and Council and
Community Development Commission will be held on Monday, July 6,
1998, in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
RACHEL G. CLARK
City Clerk
By ~.a~~ ," d ~
-. uzanna Cordova
Deputy Clty Clerk
No. of Items: 35
No. of Hours: 5.5
29
6/15/1998