HomeMy WebLinkAbout11-17-1997 Jt. Reg Mtg AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMNIISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, NOVEMBER 17, 1997 - 8:00 A.M.
COUNCIL CHAMBERS
The City of San Bernardino recognizes its obligation to provide equal access to those
individuals with disabilities. Please contact the Director of Facilities Management(384-5244)
two working days prior to the meeting for any requests for reasonable accommodation to
include interpreters.
CALL TO ORDER:
PRESENT:
ABSENT:
CLOSED SESSION
1 . Pursuant to Government Code Section (s) :
MOTION: That the Mayor and Common Council and the Community
Development Commission recess to closed session for
the following :
A. Conference with legal counsel - existing litigation -
pursuant to Government Code Section 54956 . 9 (a) :
EDCConsultants vs . URS Consultants , et al . - San
Bernardino Superior Court Case No. SCV 30621;
Albert Williams vs . City of San Bernardino - United
States District Court Case No. USDC ED 97-153 KT (VAPx) ;
Albert Robinson vs . City of San Bernardino - United
States District Court Case No . CV 96-2539 MRP (RMC)
Kleitz vs . County of San Bernardino, et al . - United
States District Court Case No. ED CV 97-209 RT.
1 11/17/1997
1 . Continued.
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 - pursuant to
Government Code Section 54957 .
E . Conference with labor negotiator - pursuant to Government
Code Section 54957 . 6 :
1 . Agency Negotiator:
Barbara Dillon, Director of Personnel
Employee Organization:
San Bernardino Public Employees' Association
(SBPEA) , General Unit
2 . Agency Negotiator:
Fred Wilson, City Administrator
Employee Organization:
Fire Safety Management
3 . Agency Negotiator:
Fred Wilson, City Administrator
Employee Organization:
San Bernardino Confidential Management Association
(SBCMA)
END OF CLOSED SESSION
2 11/17/1997
RECONVENE MEETING - 9 : 00 A.M.
PRESENT:
ABSENT:
INVOCATION:
PLEDGE :
2 . Appointments :
A. Appointment - Lawrence A. Veres - Fire Commission
Council Member Miller. (See Attached)
MOTION: That the appointment of Lawrence A. Veres to
the Fire Commission, as requested by Council
Member Miller, be approved.
B . Appointment - Reyes E . Rios - Human Relations Commission
- Council Member Arias . (See Attached)
MOTION: That the appointment of Reyes E. Rios to the
Human Relations Commission, as requested by
Council Member Arias, be approved.
3 . Presentations :
A. Service Pin Awards Ceremony.
4 . Announcements by Mayor and Common Council .
S . PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: A three-minute
limitation shall apply to each member of the public who wishes
to address the Mayor and Common Council/Community Development
Commission on a matter not on the agenda. No member of the
public shall be permitted to "share" his/her three minutes
with any other member of the public . (Usually any items heard
under this heading are referred to staff for further study,
research, completion and/or future Council/Commission action. )
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar
items 6 through 19 be adopted, except for
and
3 11/17/1997
6 . Waive full reading of resolutions and ordinances .
MOTION: That full reading of the resolutions and ordinances
on the regular, supplemental and addendum to the
supplemental agendas of the Mayor and Common
Council be waived.
7 . Claims and Payroll . (See Attached)
MOTION: That the claims and payroll and the authorization
to issue warrants as listed on the memorandum dated
November 12 , 1997 from Barbara Pachon, Director of
Finance, be approved.
8 . Personnel Actions . (See Attached)
MOTION: That the personnel actions submitted by the Chief
Examiner dated November 12 , 1997, 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.
City Attorney
LAID OVER FROM NOVEMBER 6, 1997
9 . An ordinance of the City of San Bernardino repealing Chapter
3 . 52 of the San Bernardino Municipal Code and adding Chapter
3 . 54 to the San Bernardino Municipal Code relating to
transient lodging tax. FINAL READING (Backup material was
first distributed on November 6, 1997, Item No. 1)
MOTION: That said ordinance be adopted.
LAID OVER FROM NOVEMBER 3 , 1997
10 . Ordinance of the City of San Bernardino amending Section
15 . 16 . 060 of the San Bernardino Municipal Code granting police
powers to certain members of the Fire Department . FINAL
READING (Backup material was distributed on November 3, 1997,
Item No. S1)
MOTION: That said ordinance be adopted.
4 11/17/1997
Planning & Buildincr Services
11 . Set public hearing - 11 : 00 a.m. on December 1, 1997 - relative
to adoption of an ordinance adding Section 15 . 28 . 190 to Title
15 of the San Bernardino Municipal Code relating to placards
used to denote conditions relating to continued occupancy of
buildings after a disaster. (See Attached)
MOTION: That the Mayor and Common Council set 11 : 00 a.m. ,
on December 1, 1997, as the date certain for a
public hearing to adopt an ordinance of the City of
San Bernardino adding Section 15 . 28 . 190 to Title 15
of the San Bernardino Municipal Code relating to
placards used to denote conditions relating to
continued occupancy of buildings after a disaster.
12 . Set public hearing - 11 : 00 a.m. on December 1, 1997 - relative
to adoption of an ordinance amending Section 13 . 08 . 55 and
Section 15 . 73 . 065 of the San Bernardino Municipal Code and
Section 19 . 30 . 320 of the Development Code relating to the
deferral of certain development fees . (See Attached)
MOTION: That the Mayor and Common Council set 11 : 00 a.m. ,
on December 1, 1997, as the date certain for a
public hearing to adopt an ordinance of the City of
San Bernardino amending Section 13 . 08 . 55 and
Section 15 . 73 . 065 of the San Bernardino Municipal
Code and Section 19 . 30 . 320 of the Development Code
relating to the deferral of certain development
fees .
LAID OVER FROM NOVEMBER 3 , 1997
13 . An ordinance of the City of San Bernardino amending Chapter
19 . 22, Section 19 . 22 . 030 and Section 19 . 22 . 160, Table 022 . 01
of the San Bernardino Municipal Code (Development Code) to add
new definitions for secondary signage and to add specific
standards for the above listed uses . FINAL READING (Backup
material was distributed on November 3, 1997, Item No. 32)
MOTION: That said ordinance be adopted.
5 11/17/1997
LAID OVER FROM NOVEMBER 3, 1997
14 . An ordinance of the City of San Bernardino amending Sections
15 . 04 . 020 , 15 . 04 . 070 , 15 . 04 . 075, 15 . 04 . 077, 15 . 04 . 080 ,
15 . 04 . 100 , 15 . 04 . 114 , 15 . 04 . 120 , 15 . 04 . 125 , 15 . 04 . 130 ,
15 . 04 . 133 , 15 . 04 . 163 , 15 . 04 . 165, 15 . 04 . 167, 15 . 04 . 175,
15 . 04 . 177, 15 . 04 . 179, 15 . 04 . 220, 15 . 04 . 221, 15 . 04 . 222 ,
15 . 04 . 223 , repealing Sections 15 . 04 . 076, 15 . 04 . 112 , and adding
Sections 15 . 04 . 065 , 15 . 04 . 084 , 15 . 04 . 105 , 15 . 04 . 116,
15 . 04 . 117, 15 . 04 . 118, 15 . 04 . 119 of the San Bernardino
Municipal Code and adopting the Uniform Building Code, 1994
Edition, the Uniform Building Code Standards, 1994 Edition,
the Uniform Housing Code, 1994 Edition, the Uniform
Administrative Code, 1991 Edition, the Uniform Building
Security Code, 1994 Edition, the Uniform Mechanical Code, 1994
Edition, the Uniform Plumbing Code, 1994 Edition, the Uniform
Swimming Pool Spa and Hot Tub Code, 1994 Edition, the National
Electrical Code, 1993 Edition, the Uniform Code for Solar
Energy Installations, 1994 Edition, the Uniform Code for Solar
Energy Installations, 1994 Edition, the Uniform Code for the
Abatement of Dangerous Buildings, 1994 Edition, NFPA 99C
Standard on Gas and Vacuum Systems, 1996 Edition, and
amendments thereon. FINAL READING (Backup material was
distributed on November 3, 1997, Item No. 21)
MOTION: That said ordinance be adopted.
Police
15 . Resolution of the City of San Bernardino awarding a purchase
order to Loma Linda University Medical Center for the
collection of forensic evidence for the City of San Bernardino
Police Department in accordance with Bid Specification F98-16 .
(See Attached) (Cost to the City -- $21, 175 from the General
Fund. )
MOTION: That said resolution be adopted.
Water
LAID OVER FROM NOVEMBER 3 , 1997
16 . An ordinance of the City of San Bernardino, California,
amending Chapter 13 . 32 of the San Bernardino Municipal Code
entitled Wastewater Facilities to revise industrial limits for
discharge into sewer system, to require compliance with
Federal and State Wastewater Standards, to revise penalties
for violation of discharge standards and to make various
technical corrections . FINAL READING (Backup material was
distributed on November 3, 1997, Item No. 30)
MOTION: That said ordinance be adopted.
6 11/17/1997
Public Works/Engineering
17 . Resolution of the City of San Bernardino authorizing the
execution of a lease agreement between the City of San
Bernardino and Diocese of San Bernardino Education and Welfare
Corporation for the benefit of Guadalupe Child Development
Center at 1633 West Fifth Street, in San Bernardino. (See
Attached) Ward 3
MOTION: That said resolution be adopted.
18 . Resolution of the City of San Bernardino authorizing the
Director of Public Works/City Engineer to file a Fiscal Year
1996/97 claim with the San Bernardino Associated Governments
for $87, 432 . 29 of Transportation Development Act (TDA) ,
Article 3 Funds, for construction of bicycle lanes on Kendall
Drive, from Fortieth Street to Palm Avenue . (See Attached)
Ward 5
MOTION: That said resolution be adopted.
19 . Resolution of the City of San Bernardino awarding a contract
to Guzman Construction for construction of a storm drain, from
Mill Street and Rancho Avenue to Chestnut Street and Macy
Street . (See Attached) (Cost to the City -- $297, 000 from the
Storm Drain Construction Fund. ) Ward 3
MOTION #1 : That the transfer of $149, 000 , from Account
No . 248-368-3405, "Unappropriated Reserve, " to
Account No . 248-368-5504-7079, "Storm Drain -
Mill Street, from Rancho Avenue to Iris
Street, " be approved; and
MOTION #2 : That said resolution be adopted.
END OF CONSENT CALENDAR
7 11/17/1997
PUBLIC HEARINGS
Public hearings scheduled for a time certain will not be heard
prior to the time scheduled; however, they may be heard at any
time thereafter and/or continued to a subsequent meeting.
Public Works/Engineering
TO BE HEARD AT 10 : 00 A.M.
20 . Public hearing - resolution authorizing street name change -
Pioneer Street, east of Waterman Avenue to Orange Show Road.
(See Attached) Ward 1
Resolution of the City of San Bernardino changing the name of
Pioneer Street to Orange Show Road, within the corporate
limits of the City of San Bernardino, effective as of July 1,
1998 .
Mayor to open hearing . . .
MOTION: That the hearing be closed; and that said
resolution be adopted.
City Clerk' s Office
TO BE HEARD AT 10 : 00 A.M.
21 . Public hearing - resolution imposing liens on real property
located within the City of San Bernardino for uncollected
business registration fees . (See Attached)
Resolution of the City of San Bernardino imposing liens on
certain parcels of real property located within the City of
San Bernardino for uncollected business registration fees .
Mayor to open hearing . . .
MOTION: That the hearing be closed; that the City Clerk be
directed to administratively remove any properties
from Exhibit A which have been paid prior to the
hearing; and that said resolution be adopted.
8 11/17/1997
Code Compliance
TO BE HEARD TO 10 : 00 A.M.
22 . Appeal hearing - Board of Building Commissioners' Order No.
4096 relative to property located in 2100 Block of Mt . View -
Sunil K. Bhasin. (See Attached) Ward 2
Mayor to open hearing . . .
MOTION: That the hearing be closed; and that the Mayor and
Common Council deny the appeal and uphold the order
of the Board of Building Commissioners, as
described in Order No. 4096 , dated April 3 , 1997 .
TO BE HEARD AT 10 : 00 A.M.
23 . Appeal hearing - Board of Building Commissioners' Order No.
4360 relative to property located at 1124, 1130 and 1132
Hancock Street - Samuel and Willie Jackson. (See Attached)
Ward 6
Mayor to open hearing
MOTION: That the hearing be closed; and that the Mayor and
Common Council deny the appeal and uphold the order
of the Board of Building Commissioners, as
described in Order No. 4360 , dated August 18 , 1997 .
TO BE HEARD AT 10 : 00 A.M.
24 . Appeal hearing - Board of Building Commissioners' Order No.
4379 relative to property located at 123 North Sierra Way -
Jaime and Maria Jinesta. (See Attached) Ward 1
Mayor to open hearing . . .
MOTION: That the hearing be closed; and that the Mayor and
Common Council deny the appeal and uphold the order
of the Board of Building Commissioners, as
described in Order No. 4379, dated August 18 , 1997 .
END OF PUBLIC HEARINGS
9 11/17/1997
STAFF REPORTS
Public Works/Engineering
25 . Accept Traffic Safety Committee recommendation relative to
closure of Arrowhead Avenue at "E" Street/Kendall Drive . (See
Attached) Wards 4, 5, & 7
MOTION: That the recommendation by the Traffic Safety
Committee that Arrowhead Avenue be closed to
traffic at "E" Street/Kendall Drive, be accepted.
26 . Authorize rejection of bids - installation of cross gutters on
16th Street at "E" Street; and 16th Street at Arrowhead Avenue
- Plan No. 9725 . (See Attached) Ward 2
MOTION: That all bids received on October 28 , 1997 for the
installation of cross gutters on 16th Street at "E"
Street and 16th Street at Arrowhead Avenue, per
Plan No . 9725, be rejected.
City Administrator' s Office
27 . Authorize Mayor Minor to submit ballot argument in favor of
the measure related to the Transient Lodging Tax. (See
Attached)
MOTION: That Mayor Minor be authorized to submit a ballot
argument in favor of the measure being submitted to
the voters on February 3 , 1998, related to the
continuance of the Transient Lodging Tax, and
permit the Mayor to add additional co-authors to
the argument as he deems appropriate .
10 11/17/1997
28 . Authorize continuation of 9/80 Work Schedule for City Hall .
(See Attached)
MOTION: That the Mayor and Common Council approve the 9/80
work schedule through December, 1998 .
END OF STAFF REPORTS
CONTINUED ITEMS
Public Works/Enctineerinq
CONTINUED FROM NOVEMBER 3, 1997
29 . Resolution of the City of San Bernardino authorizing the
execution of a lease agreement between the City of San
Bernardino and the County of San Bernardino Sheriff' s Search
and Rescue . (Backup material was distributed on November 3,
1997, Item No. 13 ; however, no original resolution was
received. )
MOTION: That said resolution be adopted.
Public Services
CONTINUED FROM NOVEMBER 3 , 1997
30 . Resolution of the City of San Bernardino authorizing the
execution of the waste disposal agreement between the County
of San Bernardino Waste Systems Division and the City of San
Bernardino. (Backup material was distributed on July 21,
1997, Item No. S5; was continued to August 4, 1997, Item No.
23; was continued to September 2, 1997, Item No. 34; was
continued to October 6, 1997, Item No. 43; and was continued
to November 3, 1997, Item .No. 31. ) (See New Staff Report
Attached) (Resolution not available at time of printing. )
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
11 11/17/1997
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION MATTERS
MONDAY, NOVEMBER 17, 1997 - 2:00 P.M.
PRESENT :
ABSENT:
NOTICE: At this time, the Mayor and Common Council, acting
as the Community Development Commission, will take
action on items on the Economic Development Agency
(Community Development Commission) agenda (s) .
31 . Adjournment .
MOTION: That the meeting be adjourned.
NOTE: The next regular meeting is scheduled for 8 : 00 a.m. ,
Monday, December 1, 1997, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
12 11/17/1997
NOTICE: Any member of the public may address this meeting of the
Mayor and Common Council/Community Development Commission
on any item appearing on the agenda, by approaching the
microphone in the Council Chambers when the item about
which the member desires to speak is called, and by
asking to be recognized.
Any member of the public desiring to speak to the Mayor
and Common Council/Community Development Commission
concerning any matter not on the agenda but which is
within the subject matter jurisdiction of the Mayor and
Common Council/Community Development Commission, may
address the body at the beginning of the meeting, during
the period reserved for public comments, said total
period for public comments shall not exceed forty-five
(45) minutes, unless such time limit is extended by the
Mayor and Common Council/Community Development
Commission. A three minute limitation shall apply to
each member of the public, unless such time limit is
extended by the Mayor and Common Council/Community
Development Commission. No member of the public shall be
permitted to "share" his/her three minutes with any other
member of the public .
The Mayor and Common Council/Community Development
Commission may refer any item raised by the public to
staff, or to any commission, board, bureau, or committee
for appropriate action or have the item placed on the
next agenda of the Mayor and Common Council/Community
Development Commission. However, no other action shall
be taken nor discussion held by the Mayor and Common
Council/Community Development Commission on any item
which does not appear on the agenda unless the action is
otherwise authorized in accordance with the provisions of
subdivision (b) of Section 54954 . 2 of the Government
Code .
Public comments will not be received on any item on the
agenda when a public hearing has been conducted and
closed.
13 11/17/1997
SUPPLEMENTAL AGENDA
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMNIISSION
OF THE CITY OF SAN BERNARDINO
NOVEMBER 17, 1997
S1 . Discussion - proposed affiliation of Community Hospital with
Catholic Health West, Southern California.
MOTION: That the Mayor and Council discuss and take
possible action relative to proposed affiliation of
Community Hospital with Catholic Health West,
Southern California.
S2 . Resolution of the City of San Bernardino authorizing the
execution of an agreement with Sturges Foundation relating to
financial assistance from the Civic and Promotion Fund for
fiscal year 1997/98 . (See Attached) Resolution not available
at time of printing. )
NOTE: Ways and Means Committee meeting held 11/12/97 .
Council Members Present : Oberhelman, Devlin, and
Anderson.
MOTION #l: That an expenditure of $12, 500 in fiscal year
1997/98 civic and promotion funds be approved
to assist the Sturges Foundation with their
1997/98 operating expenses including
performances of the Children' s Theatre as
recommended by the Way and Means Committee;
and
MOTION #2 : That said resolution be adopted.
1 11/17/1997
S3 . Request for Civic and Promotion Funding in the amount of
$3 , 000 for the Y.M. C.A. 20th Annual Children' s Christmas
Parade . (See Attached)
MOTION: That the request for funding in the amount of
$3 , 000 from the Civic and Promotion Fund for city-
provided services, as outlined on the attached
Staff Report from Fred Wilson, City Administrator,
dated November 12 , 1997, in connection with the
Y.M. C.A. 20th Annual Children' s Christmas Parade on
December 6, 1997, be granted.
S4 . Request for closed session.
MOTION: That the Mayor and Common Council and Community
Development Commission recess to closed session for
the following:
Conference with legal counsel - existing litigation pursuant
to Government Code Section 54956 . 9 (a) :
Samaan vs . City of San Bernardino et al - United States
District Court Case No. CV 93-0448 CBM.
2 11/17/1997
ADDENDUM TO THE SUPPLEMENTAL AGENDA
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
NOVEMBER 17, 1997
TO BE HEARD AT 10 : 00 A.M.
AS1 . Public hearing - Citizens' Option for Public Safety (COPS)
expenditure plan for fiscal year 1997/98 . (Backup material
was distributed on 11/3/97, Item No. 22, and was referred to
the Ways & Means Committee. )
NOTE: Ways & Means Committee meeting held on 11/12/97 .
Council Members Present : Oberhelman, Devlin,
Anderson.
Resolution of the City of San Bernardino ratifying the
proposed Citizens' Option for Public Safety (COPS) expenditure
plan for FY 1997/98 , submitted by the Chief of Police .
Mayor to open the hearing. . .
MOTION: That the hearing be closed; that the Police
Department' s proposed expenditure plan for the
Citizens' Option for Public Safety Program for
fiscal year 1997/98 submitted by the Chief of
Police be ratified; and that said resolution be
adopted.
1 11/17/1997
RACHEL CLARK
City Clerk
AGENDA 2 COPIES
2"d Floor
MAYOR AND COMMON COUNCIL AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
"November 17, 1997 -2:00 p.m."
(Joint Regular Meeting)
Council Chambers, City Hall
The City of San Bernardino Economic Development Agency recognizes its obligation to provide
equal access to public services to those individuals with disabilities. Please contact the Director
of Facilities Management(384-5244)two working days prior to the meeting for any requests for
reasonable accommodation,to include interpreters.
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CALL TO ORDER:
ROLL CALL:
PRESENT:
ABSENT:
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1. PRESENTATIONS
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CONSENT CALENDAR
MOTION: That the motions indicated by Consent Calendar items numbered "2"through "4",
be adopted, except for items numbered:
2. WAIVE FULL READING OF RESOLUTIONS AND ORDINANCES
(Mayor and Common Council)
(Community Development Commission)
MOTION: That full reading of the Resolutions and Ordinances on the regular, supplemental,
and addendum to the supplemental agenda(s), be waived.
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JOINT REGULAR MEETING COMMISSION AGENDA
TCS:Imp:cdc97-112 1 Date:November 17, 1997
3. COMMUNITY DEVELOPMENT COMMISSION MINUTES
(Community Development Commission)
MOTION: That the minutes of the Community Development Commission for the meeting of
November 3, 1997, be approved as submitted in typewritten form.
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4. CONSOLIDATED PLAN RELATED ITEMS—PROJECTS 96-234 AND 97-213
(Mayor and Common Council)
MOTION: 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.
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END OF CONSENT CALENDAR
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COMMITTEE CONSENT CALENDAR
MOTION: That the motion indicated by Committee Consent Calendar item number"5" be
adopted, except for item number:
5. CERTIFICATE OF COMPLETION—NISSAN DEALERSHIP
(Community Development Commission)
MOTION: That the Community Development Commission recommend that the issuance of
a Certificate of Completion be authorized.
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END OF COMMITTEE CONSENT CALENDAR
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JOINT REGULAR MEETING COMMISSION AGENDA
TCS:Imp:cdc97-112 2 Date:November 17, 1997
6. ADJOURN TO CLOSED SESSION
Pursuant to Government Code Section 54956.8
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 655 West Rialto Avenue and
701 North "E" Street
San Bernardino, CA
Negotiating Parties: United States Government; Timothy C. Steinhaus on behalf of the
Economic Development Agency
Under Negotiation: Price and Terms of Payment
7. ADJOURNMENT
MOTION: That the meeting of the Mayor and Common Council and the Community
Development Commission be adjourned.
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JOINT REGULAR MEETING COMMISSION AGENDA
TCS:Imp:cdc97-112 3 Date: November 17, 1997