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HomeMy WebLinkAbout09-20-2004 MinutesMINT 1TF.S MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING SEPTEMBER 20, 2004 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/Chairman Valles at 1:37 p.m., Monday, September 20, 2004, 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/ Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; Senior Assistant City Attorney Simmons, City Clerk Clark, City Administrator Wilson. Absent: None. City Attorney Penman Arrived At 1:42 p.m., City Attorney Penman arrived at the Council/Commission meeting. Council Member/Commissioner McGinnis - Assumed Duties of Mayor Pro Tern Council Member/Commissioner McGinnis assumed the duties of Mayor Pro Tern during discussion of Agenda Item Nos. 30 through 39 and 41. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): City of San Bernardino Municipal Water Department v. the United States Department of the Army - United States District Court Case Nos. CV 96-8867 and CV 96-5205; City of San Bernardino, a Municipal Corporation, and the Economic Development Agency for the City of San Bernardino v. Valerie Pope Ludlam, Edward Negrete, Yolanda Negrete, Michael Beauregard, Allan Steward, Inc., Steward & Associates, et al. - San Bernardino Superior Court Case No. SCVSS 108965. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: Redevelopment Agency of the City of San Bernardino v. Allan Steward, Allan Steward, Inc. and A.J. Five Points, L.L.C. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Negotiator: Linn Livingston, Human Resources Director Employee Organizations: General Unit Mid -Management G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Proper : 247 W. Third Street Negotiating Parties: Judith Valles, Mayor, on behalf of the Redevelopment Agency, property owners, and Gerry Newcombe, Deputy Administrative Officer, on behalf of the County of San Bernardino Under Negotiation: Purchase price, terms and conditions 2. Property: That parcel consisting of approximately 67.75 acres identified as Parcel 1-2 at the San Bernardino International Airport, and generally bounded by Harry Sheppard Boulevard, Del Rosa Drive, Paul Villasenor Boulevard, and Memorial Drive 2 9/20/2004 Negotiating Parties: Don Rogers on behalf of the Inland Valley Development Agency; David Newsom on behalf of Hillwood/San Bernardino LLC; Bruce Varner on behalf of Stater Bros. Market; James F. Penman on behalf of the City of San Bernardino. Under Negotiation: Terms and conditions 3. Property: Southwest Comer of "J" Street and 17' Street APN 0144-123-03, 0144-131-36, 0144-131-21, and 0144-123-46 Owner/Seller: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency of the City of San Bernardino, property owner(s) Buyer: Inland Empire Concerned African American Churches 4. Proper University Parkway and I-215 Freeway APN 0266-072-32 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and RHW Trust (Jack In The Box), property owner(s) Under Negotiation: Purchase price, terms and conditions Uptown Project Area 5. Property: APN 0145-242-32, 0145-242-33 Owner/Seller: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency of the City of San Bernardino, property owner(s) Buyer: San Bernardino City Unified School District ("District") Senior Assistant City Attorney Simmons announced that the following additional cases would be discussed in closed session: Under Agenda Item IA, Existing Litigation: David M. Sanborn dba D.M. Sanborn Cnnetrnrtinn Tnr _ Can nvrnar`iinn Qm Bernardino Construction v peline Contractor v. Avila or Court Case No. SCVSS of San Bernardino — San 3 9/20/2004 LaFrance Hamilton v. City of San Bernardino, et al. - United States District Court Case No. EDCV 00-107 RT (RNBx). Under Agenda Item 1B, Significant Exposure to Litigation: Richard Lewis and San Bernardino City Professional Firefighters, Local 891 v. City of San Bernardino. Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Pastor David Tinoco of St. Paul's Methodist Church, followed by the pledge of allegiance, led by Sofia Ortega and Paul Renken, fifth grade students from Bradley Elementary School. Moment of Silence Mayor/Chairman Valles offered condolences to the families and requested a moment of silence in memory of Jeff Robinson, father-in-law of Fifth Ward Councilman Chas Kelley; Barbara Sharp, long time employee of the City of San Bernardino and the Economic Development Agency; and John Savage, a local California Highway Patrol officer for over 25 years and one of the founding members of the Route 66 Rendezvous. 2. Appointments - Council Member/Commissioner Johnson Phillip A. Moreno - Community Television Commission Robert Hampton - Animal Control Commission Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that the appointments of Phillip Moreno to the Community Television Commission and Robert Hampton to the Animal Control Commission, as requested by Council Member/Commissioner Johnson, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 3. Proclamations & Presentations Mayor/Chairman Valles presented a resolution of recognition to the "Dr. Nag" Del Rosa Neighborhood Action Group on the occasion of their 10' anniversary. 4 9/20/2004 0 Mayor/Chairman Valles presented a proclamation designating the month of September as National 5-A-Day Month to Melodee Lopez of the County Department of Public Health, to encourage the inclusion of at least five servings of fruits and vegetables per day in a person's diet. June Durr, Public Information Officer in the Mayor's Office, read the names of the following individuals, who were presented a service pin award by Mayor/Chairman Valles in recognition of their many years of dedicated service to the City: Name Department Elveida Taylor City Clerk Mary Alvord Finance Dawn Glaze Finance Michelle Parra Finance Donna Rice Library Rosemary Torres Parks, Recreation & Community Services Ann Wilkes -Kassel Parks, Recreation & Community Services Richard Lindsey Police Ramon Rocha III Police Roxana Velasco Police Announcements Years of Service 15 25 10 10 10 15 15 20 20 20 Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative of the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 5 U`au`z1z1i1 6. Claims & Payroll Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated September 14, 2004, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7. Personnel Actions Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the personnel actions as submitted by the Chief Examiner dated September 15, 2004 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. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8. Review and take action regarding the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire pursuant to Government Code Section 8630 (c)(1) Note: No backup materials were submitted. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council confirm the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. RES. 2004-291 - Resolution of the City of San Bernardino adopting the Five-year Capital Improvement Program (2004-2009) for Measure "I" local expenditures. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. 6 9/20/2004 Resolution No. 2004-291 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2004-292 - Resolution of the City of San Bernardino authorizing execution of a Cooperative Agreement between the City of San Bernardino and the City of Colton for a Hike -and -Bike Trail, beautification and purposes incidental thereto on Union Pacific Railroad Company property along Inland Center Drive. (10A) Resolution of the City of San Bernardino authorizing execution of a lease with the Union Pacific Railroad Company for a Hike -and -Bike Trail, beautification and purposes incidental thereto on Union Pacific Railroad Company property along Inland Center Drive. (10B) City Attorney Penman recommended that Resolution A be adopted and that Resolution B be continued to the next meeting. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said Resolution 10A be adopted. Resolution No. 2004-292 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that Resolution 10B be continued to the Council/Commissioner meeting of October 4, 2004. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. Authorize execution of Contract Change Order No. One - contract with Ross A. Guy & Son, Inc. - sewer improvements on State Street (SW04-14), Roosevelt Avenue (SW04-15), Lugo Avenue (SW 04-19), Sepulveda Avenue (SW04-03), Walnut Street (SW04-27) and Additive Muscott Street (SW04- 39) - Plan No. 10815 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council authorize the Director of Development Services to execute Contract Change Order No. One to the contract with Ross A. Guy & Son, General Engineering Contractors, Inc., for sewer improvements on State Street (SW04-14), 7 9/20/2004 Roosevelt Avenue (SW04-15), Lugo Avenue (SW04-19), Sepulveda Avenue (SW04-03), Walnut Street (SW04-27) and Additive Muscott Street (SW04-39) per Plan No. 10815; and that the Director of Finance be authorized to amend the FY 04/05 budget to reflect changes indicated on Exhibit "A" of the staff report dated September 14, 2004, from James Funk, Director of Development Services. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. Authorize Contract Change Order No. Two - contract with Bonadiman- McCain, Inc. - Timber Creek Improvements Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. Two in the amount of $15,215 to contract with Bonadiman-McCain, Inc. for Timber Creek Improvements. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2004-293 - Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Palm Avenue and Verdemont Drive area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1032; preliminarily approving the Engineer's Report and giving notice of a public meeting and public hearing. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-293 was adopted the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8 9/20/2004 14. RES. 2004-294 - Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Palm Avenue and Meyers Road area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1035, Zone 1 and Zone 2; preliminarily approving the Engineer's Report and giving notice of a public meeting and public hearing. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90 with the establishment of a landscape maintenance assessment district in the Palm Avenue and Meyers Road area (Tract Nos. 13572 and 15538) to be known as Assessment District No. 1035, Zone 1 and Zone 2; and that said resolution be adopted. The motion carried and Resolution No. 2004-294 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. Resolution of the Mayor and Common Council of the City of San Bernardino establishing a Disadvantaged Business Enterprise (DBE) Program and DBE Goals for Federal Financial Assistance Projects. 16 Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of October 4, 2004. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. RES. 2004-295 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to award an annual purchase order and service agreement, with three single year renewal options, to Prudential Overall Supply for citywide non -safety uniform and dust control item rental and laundry service. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. 9 9/20/2004 Resolution No. 2004-295 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. Item Deleted 18. RES. 2004-296 - Resolution of the Mayor and Common Council of the City of San Bernardino extending the compensation and benefits for those employees on military leave as previously set forth in side letters to the Police Safety Unit, General Unit and the Management/Confidential/ Unclassified Memorandums of Understanding and Resolution. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-296 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2004-299 - Resolution of Commitment by the Mayor and Common Council of the City of San Bernardino to support the National League of Cities efforts in resurrecting the American Dream. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2004-299 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an agreement with the San Manuel Band of Mission Indians relating to public improvement projects related to Tribal Project Impacts. Council Member/Commissioner McCammack stated she would abstain on this item because San Manuel is a business client. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Longville noted that Council Members had just received the item this morning, that she had not had an opportunity to read it, and she has made it a practice not to vote on items she has not read. In addition, citizens in the community had not had an opportunity to read the backup either; therefore, she suggested a two -week continuation. 10 9/20/2004 Mayor/Chairman Valles expressed opposition to a continuation, stating that meetings with the various neighborhoods have been going on for over a year regarding this matter, and although the written document has not been made available, the contents of the agreement have been known and discussed. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/ Commission meeting of October 4, 2004. The motion carried by the following vote: Ayes: Council Members/ Commissioners Longville, McGinnis, Derry, Kelley, Johnson. Nays: Council Member/Commissioner Estrada. Abstentions: Council Member/Commissioner McCammack. Absent: None. Those individuals in the audience who had submitted speaker's slips on this item were invited to return in two weeks to address the Council on this matter. 21. Resolutions authorizing the Mayor or her designee to execute five (5) Memorandums of Understanding between the City of San Bernardino and five (5) nutrition sites to provide a meal serving site for the Senior Nutrition Program. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute a Memorandum of Understanding between the City of San Bernardino and the 16`h Street Seventh-Day Adventist Church relating to a Senior Nutrition Program. (21A) Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute a Memorandum of Understanding between the City of San Bernardino and the San Bernardino Adult School Senior Programs relating to a meal serving site for the Senior Nutrition Program. (21B) Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute a Memorandum of Understanding between the City of San Bernardino and the Temple Community Senior Center relating to a meal serving site for the Senior Nutrition Program. (21C) Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute a Memorandum of Understanding between the City of San Bernardino and the Victoria Woods Senior Apartment Complex relating to a meal serving site for the Senior Nutrition Program. (21D) 11 9/20/2004 Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute a Memorandum of Understanding between the City of San Bernardino and Lighthouse for the Blind to provide a meal serving site for the Senior Nutrition Program. (21E) Note: The resolutions were not included in the backup materials. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of October 4, 2004. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2004-297 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to an annual purchase order, with four single year renewal options, to Rehrig Pacific Company for the purchase of automated carts for residential refuse services. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-297 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. RES. 2004-298 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Dalaj International Corporation of Los Angeles California for repairs and replacement of the guard rails on the Massachusetts Street Bridge. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-298 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. Request for Civic and Promotion funding & waiver of fees - Fiesta Route 66 at Nunez Park - September 18, 2004 12 9/20/2004 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor's action to approve direct funding in the amount of $4,522, indirect funding in the amount of $5,478, and a waiver of fees and use of City personnel and equipment to assist in the 2004 Fiesta Route 66 be ratified; and that $5,478 be transferred from the FY 2004-05 Civic and Promotion fund to various City departmental accounts as listed in the staff report dated September 13, 2004, from Fred Wilson, City Administrator. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. An Ordinance of the City of San Bernardino amending Section 12.80.020, Definitions, of the San Bernardino Municipal Code, by adding Paragraph "G" to define inline skates. FIRST READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. Ordinance of the City of San Bernardino repealing Chapters 2.47 (Central City Advisory Board), 2.44 (Cemetery Commission), 2.41 (Main Street Advisory Board), 2.27 (Commission for Disabled Persons), and 2.24 (Central City Parking Place Commission) of the San Bernardino Municipal Code, and amending Section 2.42.020 of the San Bernardino Municipal Code by adding Paragraph "I" relating to meetings of the Community Television Commission. FIRST READING Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/Commission meeting of October 4, 2004, and referred back to the Legislative Review Committee. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. An Ordinance of the City of San Bernardino amending Section 5.04.360 of the San Bernardino Municipal Code and adding Chapter 9.60 to the San Bernardino Municipal Code to prohibit aggressive soliciting. FIRST READING 13 9/20/2004 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28. An Ordinance of the City of San Bernardino amending Section 15.24.030 of the San Bernardino Municipal Code regarding property maintenance definitions. FIRST READING Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29. Reclassify - Street Superintendent position to Deputy Director/Street Superintendent position - public Services Department Council Member/Commissioner McGinnis expressed concern and questioned the fact that this position only required an AA degree. Some of the other Council members stated that they believed the important thing was having a combination of education and experience which would enable the candidate to perform his duties as required and get the job done. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council reclassify the Street Superintendent position, Range 4515, $5,792-$7,040/month to the position of Deputy Director/Street Superintendent, Range 4525, $6,088- $7,400/month; and that the Human Resources Department be directed to update Resolution No. 6413, Section Fourteen to reflect this particular action. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, McCammack. Nays: Council Member/Commissioner Johnson. Absent: None. 30. Reclassify - one position of Animal Control Officer to position of Senior Animal Control Officer - Animal Control Department 14 9/20/2004 Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Longville, that the Mayor and Common Council reclassify one (1) position of Animal Control Officer, Range 1333, $2,337- $2,840/month to the new position of Senior Animal Control Officer, Range 1353, $2,582-$3,138/month in the Animal Control Department; and that the Human Resources Department be directed to update Resolution No. 6413, Section Ten, to reflect this action. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 31. Establish position of NPDES Coordinator & add one position of Construction Inspector I - Development Services Department Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council establish the position of NPDES Coordinator, Range 2466, $4,536-$5,514/month, and add one (1) position of Construction Inspector I, Range 1396, $3,199- $3,889/month, in the Development Services Department; and that the Human Resources Department be directed to update Resolution No. 6413, Section Ten and Section Thirteen, to reflect this action. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 32. RES. 2004-300 - Resolution ratifying the submittal of a grant application to administer a Program Continuation Grant from the Corporation for National and Community Service in the amount of $57,183 to continue the administration and operation of the Retired and Senior Volunteer Program (RSVP) for the period October 1, 2004 through September 30, 2005. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2004-300 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 33. RES. 2004-301 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to apply for and administer a $45,000 grant from San Bernardino County Emergency Food & Shelter Program Local Board FEMA XXIII. 15 9/20/2004 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2004-301 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 34. RES. 2004-302 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to apply for and administer seven (7) "Growing with Children" Western Growers School Garden Program Grants totaling $10,000. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2004-302 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION R35. RES. CDC/2004-34 - A Resolution of the Community Development Commission of the City of San Bernardino authorizing the Executive Director or its designee to execute the Certificate of Completion to the 2000 Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and Hi -Way Auto Recyclers, LLC. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. CDC/2004-34 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 36. Resolution of the Mayor and Common Council of the City of San Bernardino approving the San Bernardino City Professional Firefighters Welfare Benefit Plan authorizing payroll deductions by the City of San Bernardino for participating members. (Continued from August 16, 2004) Note: No backup materials were submitted. 16 9/20/2004 Council Member/Commissioner Longville made a motion, seconded by Council Member/Commission McCammack, that the matter be continued to the Council/ Commission meeting of October 18, 2004. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 37. RES. 2004-303 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a License/Letter Agreement with the Burlington Northern and Santa Fe Railway Company concerning the Mt. Vernon Bridge. (Continued from September 7, 2004) Note: No staff report was submitted. City Attorney Penman stated that the City had reached an agreement with the railroad. He advised that in the backup documents there was an Exhibit C to the Exhibit C, and on that Exhibit C, anything that referred to the City of Tustin would be stricken out and anything that had been stricken out that had a name or a phone number would be put back in. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2004-303 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 38. RES. 2004-305 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Robertson's Ready Mix, Ltd., for purchase of low permeability material for landfill cover repair materials of the former Waterman Landfill. (Continued from September 7, 2004) Council Member/Commissioner McGinnis questioned whether this remediation work had to be done, stating that he would like to see the $563,000 saved for some other use. Lynn Merrill, Director of Public Services, explained that the reason the City is adding this dirt is because it is a specifically engineered type of soil that is designed to prevent infiltration of water into the landfill because the water creates additional gas generation from the decomposition that is occurring there. He stated that this was a requirement —that the City had received direction from both the Santa Ana Regional Water Quality Control Board and the San 17 9/20/2004 Bernardino County Environmental Health Department, acting as the local arm of the California Integrated Waste Management Board, regarding mitigation of these gas releases which are occurring at the landfill. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2004-305 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 39. Community Facilities District (CFD) No. 1033 - canvass of election results - levy of special tax - authorize payment of additional costs for special legal counsel services - not to exceed $8,000 RES. 2004-304 - A Resolution of the Mayor and Common Council of the City of San Bernardino acting on behalf of Community Facilities District No. 1033 canvassing the results of the election held within Community Facilities District No. 1033. An Ordinance of the City of San Bernardino, California levying a Special Tax relative to Community Facilities District No. 1033. FIRST READING City Clerk Clark read the results of the canvass of ballots into the record, stating that the levy of a special tax payable solely from lands within Community Facilities District (CFD) No. 1033 to finance a portion of continued operation and maintenance of the Verdemont Fire Station, was unanimously approved with 129 votes cast in favor and zero votes cast in opposition. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Longville, that 1) the Mayor and Common Council receive results of the Special Landowner Election from the City Clerk for CFD No. 1033; 2) that said resolution be adopted, and that staff be directed to record the notice of the special tax lien for CFD No. 1033; 3) that said ordinance be laid over for final adoption; and 4) that the Mayor and Common Council authorize payment of additional costs in an amount not to exceed $8,000 for Special Legal Counsel for services related to the formation of CFD No. 1033. The motion carried and Resolution No. 2004-304 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18 9/20/2004 40. An Ordinance of the City of San Bernardino adding Chapter 8.61 prohibiting fireworks and repealing Chapter 8.60 of the San Bernardino Municipal Code relating to fireworks. FIRST READING (See related Agenda Item No. 41.) Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Kelley, that the matter be tabled. The motion failed by the following vote: Ayes: Council Members/ Commissioners Derry, Kelley. Nays: Council Members/Commissioners Estrada, Longville, McGinnis, Johnson, McCammack. Absent: None. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be laid over for final adoption. (Note: The vote was taken following discussion.) The following individuals expressed support of an ordinance prohibiting fireworks in the City of San Bernardino: Brian Cronin, Executive Director, Humane Society of San Bernardino Valley, 763 W. Highland Avenue, San Bernardino, CA. Wes McDaniel, P.O. Box 2609, Lake Arrowhead, CA. Susan Dawson, 2273 E. Foothill Drive, San Bernardino, CA, speaking on behalf of the City's Animal Control Commission. Joyce Martin, 2925 "G" Street, San Bernardino, CA. Linda Sutherland, 426 W. Baseline, San Bernardino, CA, homeowner and business owner in San Bernardino. Roy Ferguson, 288 E. 47" Street, San Bernardino, CA, board member of the Wildwood Neighborhood Association. Claudia Oakes, 1381 E. Ralston, San Bernardino, CA. Paul Sanborn, 3559 Genevieve, San Bernardino, CA, who suggested that all the nonprofits get together and put on a big fireworks event at the Orange Show and charge the public to attend. The following individuals expressed opposition to an ordinance prohibiting fireworks in the City of San Bernardino: Jim Young, 6570 La Praix, Highland, CA, president of Elks Lodge #836. Peggy Baker, 12076 Villa Linda, Yucaipa, CA, member of Sweet Adelines. James Smith, 1156 E. 24' Street, San Bernardino, CA, representing Native Sons of the Golden West. Jay Lindberg, 6340 Orange Knoll, San Bernardino. 19 9/20/2004 Council Member/Commissioner Estrada stated that in the past she has not supported the ban of fireworks; in fact, she has been supportive of the sale of fireworks because she works for a nonprofit organization. However, after the fire last year and seeing all the displaced people in the hangars at the former Norton Air Force Base, she now thinks differently. She added that although that fire was not caused by fireworks, just the idea that she could participate in a vote that might cause something like that to happen brought her to a very hard spot. Ms. Estrada stated that she is going to look at ways to help the nonprofits raise money, but in the best interest of all the City's residents, she must move forward with support for this ordinance. Council Member/Commissioner Kelley stated that this was a difficult decision — that illegal fireworks are an immense problem to the City, and no one disagrees with that —but the question is whether to sell Safe and Sane fireworks in San Bernardino. He noted that in the Fifth Ward no fireworks are allowed, but there is still the problem of how to enforce this ban. Mr. Kelley proposed that the matter be referred to the Legislative Review Committee to look at heavier fines for violations of the current ordinance, whether it be the use of illegal fireworks or using Safe and Sane fireworks in an unauthorized area. The committee could also consider placing a surcharge on the nonprofit organizations selling the fireworks in an effort to raise funds which could be used to provide the law enforcement and safety personnel needed for enforcement. Mayor/Chairman Valles reminded the Council that one of the top priorities of this Mayor and Council was to have a financially stable City; and a second priority was public safety, which goes beyond having cops on the streets. She stated that they need to stop spending too much time today on yesterday —that times have changed, and they need to make a clean and safe community for our children. She noted that enforcement is a problem with every ordinance, but the Council needs to bite the bullet and ban the sale of fireworks throughout the entire city. City Clerk Clark read a letter dated September 17, 2004, from Dennis Hansberger, Chairman of the County Board of Supervisors, in which he expressed his support for banning fireworks in San Bernardino, stating, "Fireworks use and sales by individuals are no longer appropriate or prudent within our mountain and foothill communities." Council Member/Commissioner Longville stated that July 4, 2004, was the worst year yet for fireworks. She advised that on August 30 she held a meeting in her ward that was attended by over 20 people. They looked at the impact of fireworks and possible solutions to the fireworks problems, and she learned some interesting things. 20 9/20/2004 One, is that other cities are charging surcharges —the City of Chino is charging a 10 percent surcharge. In the City of San Bernardino, with a million dollars in gross sales, a 10 percent surcharge would yield $100,000 in revenue which could be used for police enforcement, animal control issues, and for cleanup. Secondly, she learned something about the City of La Puente, which is one -fifth the size of the City of San Bernardino. She explained that in the City of La Puente they started enforcing fireworks violations two years ago. They have 25 sheriff's deputies from Los Angeles in a City with a population of 41,200; and this last year they issued 416 arrests. These arrests were at a cost of $350 each, with $95 from each arrest coming back to the city as revenue for a total of approximately $40,000, which pays for a lot of sheriffs. Here in San Bernardino, 24 citations were issued. She stated that it was hell here in San Bernardino, but we didn't do much to stop it because we don't have decent signs and we don't have decent enforcement; and she believes it needs to start there. Ms. Longville stated that she also wanted to discuss the possibility of this City Council taking action to ban Safe and Sane fireworks. She noted that San Bernardino's residents are divided on this subject, with no clear majority on either side, and good arguments on both sides. She stated that since 1992 there have been 12 cities in Southern California that have taken action to ban Safe and Sane fireworks by repealing their ordinances which allow such fireworks. Immediately following the cities' efforts to repeal their existing ordinances which allowed fireworks, a special election process was begun by the citizens to block this action by the cities, and in every single one of those cities they collected the requisite signatures to place the matter on the ballot and the cities lost. She pointed out that the reason they lost, or failed in their attempt to ban fireworks, is because the nonprofits went out into the communities controlling the argument —basically that they had the right to celebrate Fourth of July the way that they would like to do it —and they made their case and convinced the voters. When the time for the election came and the people wanting the ban argued against the initiative, they didn't have much of a chance because they came in as defenders. Ms. Longville stated she is encouraged that there are committed citizens here in San Bernardino to collect the signatures necessary to place the issue of repealing the City's ordinance which allows fireworks on the ballot. She stated that they need to get out there and make their argument and get themselves organized, because they will need to raise a war chest of money to oppose the fireworks companies, which are going to come in here and spend $200,000 or more to fight a repeal of the ordinance. 21 9/20/2004 Ms. Longville added that, in her opinion, it would be pure insanity for the Council to repeal the ordinance and ban fireworks. It would just be doing the same thing everyone else has done, and she doesn't believe there is anything different about the City of San Bernardino from these other cities. According to Ms. Longville, as meritorious as the suggestion is, it is doomed for failure if it is done this way. Council Member/Commissioner McCammack stated that everything she has heard today tells her that the largest amount of complaints are from the north - end residents where there is real fire danger. She reiterated that the City has a ban north of the 30 Freeway, but enforcement did not occur. She pointed out that the 24 citations mentioned earlier were for both years-2003 and 2004—and included 8,000 pieces of confiscated fireworks just in 2004. She added that if San Bernardino had the enforcement tools it should have —such as a $1,000 fine —it would also have a pot of money to provide the enforcement that everyone was expecting with the ban north of the 30 Freeway. She stated that she had attended a conference this past weekend with 30-40 other mayors and council members, and fireworks was a hot topic. Many of the attendees stated that there is a ban of all fireworks in their cities, yet this past Fourth of July was the worst ever in their cities, even with a ban. She added that San Bernardino couldn't hire enough police and fire personnel to stop it all, even if all fireworks are banned. Ms. McCammack stated that she was even more troubled by Supervisor Hansberger's comments. She believes he was aware of the fact that truckloads of illegal fireworks came from Nevada, Arizona, and Mexico; and Highway Patrol officers were remiss when they stopped these huge truckloads of fireworks and slapped the hands of the drivers and sent them back to Nevada. According to Ms. McCammack, those fireworks ended up in San Bernardino neighborhoods. She stated that she was not sure that punishing the nonprofits will solve these types of occurrences in our city or any city. She stated that she did believe that the Mayor's effort has a lot of merit; however, she thought the matter needed to go to a vote of the people, and the people need to speak on this issue. The motion made by Council Member/Commission Estrada, seconded by Council Member/Commissioner Johnson, that said ordinance be laid over for final adoption failed by the following vote: Ayes: Council Members/ Commissioners Estrada, Johnson, McCammack. Nays: Council Members/ Commissioners Longville, McGinnis, Derry, Kelley. Absent: None. 41. Discuss and take possible action to place fireworks issue on the ballot (See related Agenda Item No. 40.) 22 9/20/2004 Council Member/Commissioner McCammack stated that the fireworks problem is brought up every single year, and every single year there are calls to the Council Office from the public expressing both pros and cons. She stated that she thought the best possible solution would be to let the voters decide by placing the issue on the November 2005 ballot. Council Member/Commissioner Longville stated that she would regret placing the fireworks issue on the ballot, just as she regrets putting Measure "M" on the ballot. She stated that she believes that those individuals who want to ban fireworks should go through the initiative process —that she believes this is the process that needs to occur for the best outcome. She reiterated that she did not think the Council should place the matter on the ballot. Council Member/Commissioner Estrada stated that on one hand she agrees with Ms. Longville; on the other hand she believes that what the Mayor and some of the Council members tried to do today by ordinance was the right thing to do — to put it before the Council and let the Council vote on it. She stated that she had expressed her reasons earlier for supporting the Mayor's recommendation to ban fireworks, and also questioned what the cost would be to place the item on the ballot. City Clerk Clark informed the Council that if it was a consolidated election it could go on the ballot in November 2005, as the County does not anticipate elections in March or June of next year. She advised that it would be a UDEL (Uniform District Election Law) Election, and currently the County charges 100 percent for the first race; however, because it is a UDEL Election it would be considerably less than a stand-alone election, costing from 60-70 cents per voter. If, for example, you took the existing number of registered voters, which is a little over 65,000, the estimated cost for a UDEL Election additional measure would be about $8,000 over and above the cost of the race for the Mayor and First, Second and Fourth Wards. The cost for the total election, including the measure, would be a little more than $70,000. Council Member/Commissioner Estrada asked whether the Mayor had the authority to do an executive order that would prohibit the sale of fireworks in the City. Mr. Penman answered in the negative, stating that the sale of fireworks is permitted by an ordinance that was passed by the Mayor and Council, and the sale of fireworks can only be prohibited if the Mayor and Council repeal the ordinance, or if the voters did so by using the initiative process. Ms. Estrada stated that this is a very serious subject, and the Council, as elected representatives of the people, have the responsibility to weigh all things that 23 9/20/2004 come before them and handle them in the best legal and expeditious cost -saving manner possible. She felt the Council missed its mark earlier when considering Agenda Item No. 40, and at this point in time she was not sure that she could support placing the matter on the November 2005 ballot. Council Member/Commissioner Derry stated that he thought the Council was moving ahead very quickly on an election that is 13 months away. He stated that he would like to see if the current situation could be fixed, as suggested earlier by Council Member/Commissioner Kelley. The number of cities that have implemented new rules and new programs to actually improve enforcement opportunities and attempt to stop the increase in illegal fireworks use, while still allowing Safe and Sane fireworks, seem to have been pretty successful. He stated that before the Council votes to place this matter on the ballot he would like to see whether they could fix the current situation. Fireworks have already been banned entirely in the Fourth and Fifth Wards and much of the Seventh Ward. He stated that there was a problem with enforcement, and the City needs to find a way to enforce their current ordinance and hopefully resolve the issue. Council Member/Commissioner McCammack stated that this is a very serious issue and she has been asked by at least 50 percent of her constituents to make sure that this gets on the ballot. The other 50 percent want the ban. Council Member/Commissioner Johnson stated that he agreed with Ms. Estrada, that the Council had missed the mark earlier when they considered Agenda Item No. 40. He stated that currently the City has the best of both worlds —the Council has an opportunity to draft something and put it on the ballot; however, in the meantime the Legislative Review Committee could come up with something that could be equitable to all members of the public. He stated that in the Sixth Ward, Safe and Sane fireworks are permitted; however, he believes that most of the residents would support the ban. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council direct the City Attorney to prepare the necessary document to call an election for the purposes of placing before the voters the question: "Should the Mayor and Common Council of the City of San Bernardino ban the possession and discharge of all fireworks, including Safe and Sane fireworks, throughout the City limits of the City of San Bernardino. Yes No. (Note: The vote was taken following public comments.) James Smith, 1156 E. 24' Street, San Bernardino, CA, stated that the nonprofits would work very diligently to defeat any kind of motion that comes from the people to ban fireworks. He stated that the nonprofits want to work as a partnership with the City of San Bernardino for a solution to this problem, but they don't want to take away the important things that sustain them. He did not 24 9/20/2004 think is was in the purview of the Council to place this matter on the ballot —that it should be done through the initiative process by those citizens who want the ban. Paul Sanborn, 3559 Genevieve, San Bernardino, CA, stated that he was sorry the Mayor did not get the votes to ban fireworks. He stated that the City did not have $8,000 to spend on a special election; that he still would like to see the nonprofits get together and put on a show at the former Norton Air Force Base or the Orange Show. Ray Frisbie, 1731 Kenwood, San Bernardino, CA, thanked the Council for their earlier vote, stating that if a measure to ban fireworks was placed on the ballot he would also like to see an opposing measure on the ballot to allow the use of all types of fireworks, not just Class C Safe and Sane, with the issuance of a City permit that would allow responsible adult individuals to have fireworks displays in their own streets/areas using any class of fireworks they desire. John Stevens, 4097 Pershing, San Bernardino, suggested that the nonprofits sell other things rather than dangerous fireworks to earn money. He expressed support for banning fireworks in San Bernardino. Millie Thompson, 724 Bunker Hill Drive, San Bernardino, stated that the problem in the Third Ward is not the fireworks themselves, but the fact that they start in the middle of June and go to the end of July. The motion made by Council Member/Commissioner McCammack, seconded by Council Member/Commissioner Johnson, to direct the City Attorney to prepare the necessary documents to call an election for the purpose of placing this matter before the voters, failed by the following vote: Ayes: Council Members/Commissioners McGinnis, Johnson, McCammack. Nays: Council Members/Commissioners Estrada, Longville, Derry, Kelley. Absent: None. 42. Public Comments Reverend Betty Long, 734 W. Tenth Street, San Bernardino, CA, spoke regarding a shooting at 9" and "G" Street, stating that there was too much racism in the City, County, and State —that people need to stand united and not divided. She also urged all northwest area residents to attend the meeting at the Feldheym Library on September 30, from 6:30 to 8:30 p.m. regarding the lakes project. Paul Sanborn, 3559 Genevieve, San Bernardino, CA, spoke regarding the need for more police in the City, especially with all the new houses that are being built. He also suggested that on narrow City streets all trash cans should be placed on one side of the street for easier and more efficient pickup. 25 9/20/2004 John Stevens, 4097 Pershing, San Bernardino, CA, stated that he would soon be leaving San Bernardino and reminisced about many of the events that have taken place in San Bernardino over the past several years. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the bureaucracy in this country and how ineffective it is in dealing with the problems of today. He stated that the government is not the solution to everything —that you can't legislate morals. S1. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City to donate two (2) water tenders from surplus to Valle de Banderas, State of Nayarit, Mexico. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the matter be continued to the Council/ Commission meeting of October 4, 2004. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 43. Adjournment At 8:15 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, October 4, 2004, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 44 No. of Hours: 6.75 RACHEL G. CLARK City Clerk By: Linda E. Hartzel Deputy City Clerk 26 9/20/2004