HomeMy WebLinkAbout09-07-2004 MinutesMINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
SEPTEMBER 7, 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 1:34 p.m., Tuesday, September 7, 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; City Attorney Penman, City Clerk Clark, City Administrator
Wilson. Absent: None.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to Government
Code Section 54956.9(a):
People v. Highland-Delmann Heights Quality Water Supply Authority, et al.
- San Bernardino Superior Court Case No. SCVSS 104572;
City of San Bernardino, a Municipal Corporation and the Economic
Development Agency for the City of San Bernardino v. Valerie Pope -
Ludlam. Edward Neerete. Yolanda Neerete. Michael Beaureeard. Allan
Steward, Inc., Steward &
Case No. SCVSS 108965;
et al. - San Bernardino Superior Court
City of Rancho Cucamonga and City of Upland v. Regional Water Quality
Control Board - Santa Ana Region and State Water Resources Control Board
- San Bernardino Superior Court Case No. RCV 071613;
Jaime Alvarez, et al. v. City of San Bernardino, et al. - United States
District Court of Appeals for the Ninth Circuit Case No. 03-56086; United
States District Court Case No. CV 00-03048-PA;
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Le France Hamilton v. City of San Bernardino, et al. - United States District
Court Case No. EDCV 00-107-RT (RNBx).
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.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1. Property: 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
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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:
Mt. Vernon Project Area
3. Property
Terms and conditions
522 N. Mt. Vernon Avenue
APN 0138-114-10
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency, and Hak Yool
Kim and Chang Mo Yang, property owner(s)
Under Negotiation: Purchase price, terms and conditions
4. Property: 1316 Spruce Street
APN 0138-114-11
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Salvador
Perez Llamas, Francisco Torres Guerrero,
property owner(s)
Under Negotiation: Purchase price, terms and conditions
Arden Guthrie Project Area
5. Property: 2105 Dumbarton Avenue
APN 1191-021-48
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency, and Petri
Ahonen, property owner(s)
Under Negotiation: Purchase price, terms and conditions
6. Property: 2073 N. Newcombe Street
APN 1191-021-21
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency, and Lydia
Mayers, property owner(s)
Under Negotiation: Purchase price, terms and conditions
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IVDA Project Area
7, Property: 194 East 11' Street
APN 0140-082-14
Owner/Seller: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency of the City of
San Bernardino, property owner(s)
Buyer: Senior Housing Advocate Corporation
Uptown Project Area
8. 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")
Mercado Santa Fe Project
9. Property: 1140 - 1228 West 2nd Street
APN 0138-263-02, 0138-301-01, 0138-301-06,
0138-301-10
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency, and Robert L.
Kovats, property owner
Under Negotiation: Purchase price, terms and conditions
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Agenda Item No. S1;
Under Agenda Item No. 1A, Existing litigation:
City of San Bernardino Municipal Water Department v. Department of the Army
- United States District Court Case No. 96-8867 and 96-5205;
Under Agenda Item No. 113, Significant exposure to litigation:
Agenda Item No. 39 - conflicts regarding the Capital Improvement Program;
Under Agenda Item No. 1C, Initiation of litigation:
City of San Bernardino Municipal Water Department v. James Jones Company.
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Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland 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 Reverend Barnabas Laubach of St. Bernardine's Medical
Center, followed by the pledge of allegiance, led by Diego Murrillo, a senior from
Anderson School.
Moment of Silence
Mayor/Chairman Valles extended condolences to the families and requested a moment of
silence be observed in memory of Marine Corporal Nicanor Alvarez, who was killed in
enemy action in Iraq's Al Anbar province; James Hinojosa, Jr., founder of Jimmy's
Carnitas Bar-B-Q and Catering Service and a member of the City's Redevelopment Agency;
Jack Fitzgerald, Vice Principal of Pacific High School and resident of San Bernardino and
Highland for 50 years; Gonzalo Hidalgo, a local resident who worked at Kaiser Steel and
more recently at California Steel in Fontana; and Jewell Shelton, dedicated citizen and
former employee of the City of San Bernardino and the Redevelopment Agency.
Council Member/Commissioner McCammack requested a moment of silence be observed in
memory of George Fasana, longtime resident of San Bernardino and Santa Fe Railroad
retiree.
2. Appointments - Rikke V. Johnson - Police Ad Hoc Committee -
Mayor/Chairman Valles and Jerry A. Moya - Board of Fire Commissioners -
Council Member/Commissioner McGinnis
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that the appointment of Rikke V. Johnson to the
Police Ad Hoc Committee, as requested by Mayor/Chairman Valles, be ratified; and
that the appointment of Jerry A. Moya to the Board of Fire Commissioners, as
requested by Council Member/Commissioner McGinnis, be approved.
The motion carried by the following vote:
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
3. Presentations & Proclamations
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
Anne Mayer, Caltrans District 8 Director, gave a brief presentation regarding the
I-15/Devore Pavement Rehabilitation Project, which will occur on Interstate 15 in
the Devore area between Sierra Avenue and the I-215 Junction and will take
approximately four weeks, beginning October 3, 2004.
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On behalf of the City/County/San Bernardino Community College District Fire
Training JPA, Frank Reyes of the San Bernardino Community College District
thanked the City Council and particularly Mayor Valles and Fire Chief Larry Pitzer
for helping to secure an $8 million grant.
A proclamation designating the month of September as Route 66 Rendezvous Month
was accepted by Donna Hoffman, Chairman of the San Bernardino Convention and
Visitors Bureau Board of Directors, and Hillary Williams, Public Relations
Coordinator of the Convention and Visitors Bureau.
Certificates of Recognition were presented to members of the "Faith in God Heals
Troubled Souls" (F.I.G.H.T.S.) Boxing Ministry.
Joan Mulcare, San Bernardino County Vector Control Program Manager, gave a
brief update concerning the West Nile Virus.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from 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 Derry, that full reading of the resolutions and ordinances on
the regular and supplemental agendas of the Mayor and Common
Council/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.
6. Council Minutes
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the minutes of the following meeting of the
Mayor and Common Council/Community Development Commission and the San
Bernardino City Housing Authority of the City of San Bernardino be approved as
submitted in typewritten form: August 2, 2004.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
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Claims & Payroll
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated August 25, 2004, from Barbara
Pachon, Director of Finance, be approved.
The motion carried by the following vote:
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Personnel Actions
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the personnel actions as submitted by the Chief
Examiner dated August 23, 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
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
9. RES. 2004-269 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services Agreement
between Michael B. Rutberg and the City of San Bernardino for hearing officer
and/or administrative law officer services.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the Mayor and Common Council appoint
Michael B. Rutberg as an Administrative Law Officer until August 31, 2006,
pursuant to Chapter 9.92 of the San Bernardino Municipal Code; and that said
resolution be adopted.
The motion carried and Resolution No. 2004-269 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
10. RES. 2004-270 - A Resolution of the Mayor and Common Council of the City of
San Bernardino designating the Mayor to act on behalf of the City of San
Bernardino relative to the Special Landowner Election for CFD No. 1033 and
taking related actions thereto.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
7 09/07/2004
11
Resolution No. 2004-270 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
RES. 2004-284 - Resolution of the Mayor and Common Council of the City of
San Bernardino supporting the passage of Measure I - extension of the Half -
Cent Sales Tax.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2004-284 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12. ORD. MC-1180 - An Ordinance of the City of San Bernardino amending
Section 12.80.130(T) of the San Bernardino Municipal Code relating to entering
or remaining in a City -owned skateboard park without skating. FINAL
READING.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said ordinance be adopted.
Ordinance No. MC-1180 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13. 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 distributed.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, 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:
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
8 09/07/2004
14. RES. 2004-271 - Resolution of the City of San Bernardino authorizing purchase
orders with Scott Tractor Service, Larry Jacinto Farming, and Inland Empire
Property Service for a maximum of $130,000 in the aggregate to perform weed
abatement services for Fiscal Year 2004/2005.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-271 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
15. RES. 2004-272 - 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 declaring Pleasant Hill Drive from
and including Baldridge Canyon Drive to Palm Avenue a through highway.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-272 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16. RES. 2004-273 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the Final Map for Tract No. 16709 located on the
east side of Commercenter East Drive at Airport Drive.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-273 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17. Authorization to proceed - formation of Landscape Maintenance Assessment
District - Palm Avenue and Verdemont Drive area (Tract No. 14352)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, 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 Irvington Drive
area (Tract No. 14352), to be known as Assessment District No. 1032.
9 09/07/2004
The motion carried by the following vote:
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
18. Authorization to proceed - formation of Landscape Maintenance Assessment
District - Belmont Avenue and Magnolia Avenue area (Tract No. 13630)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, 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 Belmont Avenue and Magnolia
Avenue area (Tract No. 13630), to be known as Assessment District No. 1037.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
19. ORD. MC-1181 - An Ordinance of the City of San Bernardino amending
Chapter 19.70 (Temporary Use Permits) of the San Bernardino Municipal Code
(Development Code) related to activities on City -owned property and City -
sponsored activities. FINAL READING.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said ordinance be adopted.
Ordinance No. MC-1181 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20. ORD. MC-1183 - Ordinance of the Mayor and Common Council of the City of
San Bernardino adopting the 2004 Eminent Domain Amendment to the
Redevelopment Plan for the Uptown Redevelopment Project. FINAL
READING.
Council Member/Commissioner McCammack abstained on this matter because she
owns property in the Uptown Redevelopment Project Area. She left the Council
Chambers and returned after the vote was taken.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Derry, that said ordinance be adopted.
Ordinance No. MC-1183 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson.
Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent:
None.
10 09/07/2004
21. ORD. MC-1182 - Ordinance of the Mayor and Common Council of the City of
San Bernardino adopting the 2004 Amended and Restated Redevelopment Plan
for the Central City North Redevelopment Project. FINAL READING.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said ordinance be adopted.
Ordinance No. MC-1182 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. RES. 2004-285 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a contract with and issuance of a
purchase order to Cabral Roofing & Waterproofing Corp. in the amount of
$106,017, and to SCR Group, Inc. DBA Southern California Roofing Company
in the amount of $282,000, for the implementation of the City of San
Bernardino re -roof at various sites project per RFQ F-05-011.
Council Member/Commissioner Johnson abstained on this matter because he serves
on the Board of Directors of the Boys and Girls Club, one of the facilities being
considered for roof restoration. He left the Council Chambers and returned after the
vote was taken.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 04-05 budget and include the
loan proceeds of $238,800 and expenditure of those proceeds in Account Nos. 001-
325-5706 (Alterations & Renovations) and 001-000-6453 (Loan Proceeds).
The motion carried and Resolution No. 2004-285 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Kelley, McCammack. Nays: None. Abstentions: Council Member/Commissioner
Johnson. Absent: None.
23. Authorize Change Order No. One to contract with Eberhardt Construction,
Inc. - removal of unforeseen site conditions at Fire Station #232 - Plan No.
10808A
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the Purchasing Manager be authorized to
execute Change Order No. One to the contract with Eberhardt Construction, Inc. for
removal of unforeseen site conditions at Fire Station #232 in the amount of
$22,892.66.
11 09/07/2004
The motion carried by the following vote
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
24. Item deleted.
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
25. RES. 2004-274 - Resolution of the Mayor and Common Council of the City of
San Bernardino ratifying submittal of a grant application to the Department of
Homeland Security Federal Emergency Management Agency for Fiscal Year
2004 Metropolitan Medical Response System (MMRS).
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-274 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26. RES. 2004-286 - Resolution of the Mayor and Common Council of the City of
San Bernardino supporting the California Route 66 Marathon.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-286 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
27. RES. 2004-275 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the City Attorney's Office to provide legal advice to
Old Waterman Canyon Fire victims and/or property owners within the City's
limited Sphere of Influence and declaring the City to be self -insured from
August 26, 2004 until the effective policy date of the lawyers professional
liability insurance for professional liability claims, lawsuits and/or judgments,
etc. arising from the legal advice given to said victims and/or property owners
whose property was damaged or destroyed in said Old Waterman Canyon Fire.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-275 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12 09/07/2004
28. RES. 2004-276 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor or her designee to execute Amendment
No. 2 to contract 02-1166 with the County of San Bernardino to provide youth
mentoring services for the period of July 1, 2004 through June 30, 2005.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-276 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
29. RES. 2004-277 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the destruction of certain City records of the Parks,
Recreation and Community Services Department.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-277 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
30. Set study session - September 20, 2004 - 5:00 p.m. - Economic Development
Agency Boardroom - presentation of the Police Department's rive -year Strategic
Plan
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner McGinnis, that a study session be set for Monday, October
18, 2004, at 5:00 p.m. in the Economic Development Agency Boardroom to hear a
presentation of the Police Department's Five -Year Strategic Plan.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
31. RES. 2004-278 - Resolution of the City of San Bernardino authorizing the
execution of an Agreement to employ Robert Curtis on a part-time basis for a
one-year period.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
13 09/07/2004
Resolution No. 2004-278 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
32. RES. 2004-279 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of annual agreements with the County
of San Bernardino to provide user access into the National Law Enforcement
Telecommunication System (NLETS), the California Law Enforcement
Telecommunications (CLETS), and the Sheriffs Central Name Index (CNI).
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-279 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
33. RES. 2004-280 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a purchase order, with three (3)
single year renewal options, to West Coast Arborists, Inc. for providing tree
trimming services throughout the City.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-280 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
34. 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
Staff requested that this matter be continued for two weeks.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the matter be continued to the
Council/Commission meeting of September 20, 2004.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
14 09/07/2004
35. RES. 2004-281 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a purchase order to Filter Supply
Company for furnishing and the installation of diesel particulate filter systems
for eight refuse trucks.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-281 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
36. RES. 2004-282 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing an increase to the annual purchase orders to
Burrtec Waste Industries, Inc. and/or Inland Regional Material Recovery to
provide for green waste processing.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-282 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
37. RES. 2004-283 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the City of San Bernardino Municipal Water
Department Investment Policy for the proceeds received from the settlement of
State of California, on behalf of the Department of Toxic Substances Control v.
United States Department of the Army, et al., United States District Court Case
No. CV 96-5205(MRP) consolidated with City of San Bernardino Municipal
Water Department v. United States Department of the Army, United States District
Court Case No. CV 96-8867(MRP).
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-283 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
38. RES. 2004-287 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Police Department to apply for and accept a
Driving Under the Influence (DUI) Mini Grant from the State of California
Office of Traffic Safety in the amount of $47,648.
15 09/07/2004
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2004-287 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
39. RES. 2004-288 - Resolution of the Mayor and Common Council of the City of
San Bernardino adopting the 2004/2005 through 2008/2009 Capital
Improvement Program. (Continued from August 16, 2004)
City Attorney Penman announced the following abstentions on the following
Streets/Street Lighting Capital Improvement Program (CIP) Projects:
Mayor/Chairman Valles - SS 05-04;
Council Member/Commissioner McGinnis - SS O4-51;
Council Member/Commissioner Longville - SS O4-133;
Council Member/Commissioner McCammack - SS O4-161 and SS 05-19.
Mr. Penman announced the following abstentions on the following CIP Projects due
to either being within 500 feet of the property owned by the elected official or due to
a business conflict:
Mayor/Chairman Valles - SD 04-06 (Storm Drains)
Council Member/Commissioner McCammack - TC 04-21 (Traffic Controls).
Mayor/Chairman Valles and Council Members/Commissioners Longville,
McGinnis, and McCammack left the Council Chambers and returned after the vote
was taken. Council Member/Commissioner Derry assumed the duties of Mayor Pro
Tem.
Paul Sanborn, 3559 Genevieve, San Bernardino, CA, stated that he would like to
see the City enter into a joint venture with the State of California to rebuild the
auditorium at the Orange Show and perhaps name it the Derek Parra Pavilion.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that Exhibit "B" of the Capital Improvement
Program (CIP) be approved.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Derry, Kelley, Johnson. Nays: None. Abstentions: Council
Members/Commissioners Longville, McGinnis, McCammack. Absent: None.
16 09/07/2004
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the balance of the CIP be approved and said
resolution be adopted.
The motion carried and Resolution No. 2004-288 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
40. RES. 2004-289 - Resolution of the Mayor and Common Council of the City of
San Bernardino amending Section 7.1 of Resolution No. 94-46 relating to time
limitations of an appellant or a named party, and other speakers, on the same
agenda item.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-289 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
41. RES. 2004-290 - Resolution of the Mayor and Common Council of the City of
San Bernardino amending Resolution No. 2000-279, Procedural Rules for
meetings of Mayor and Common Council, relative to administering oath for
those giving testimony at meetings of the Mayor and Common
Council/Community Development Commission.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2004-290 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: Council Member/Commissioner Longville. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present
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; City Attorney Penman, City Clerk Clark, Economic Development
Agency Executive Director Van Osdel.
17 09/07/2004
R42. RES. CDC/2004-33 - A Resolution of the Community Development Commission
of the City of San Bernardino ("Commission") designating the Commission
Chairperson to act on behalf of the Commission relative to the Special
Landowner Election for Mello -Roos Community Facility District (CFD) No.
1033 and taking related actions thereto (Verdemont Fire Station).
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. CDC/2004-33 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: Council Member/Commissioner McGinnis. Absent: None.
R43. Proposal to provide a CDBG float loan to the Totally Kids Inc. project
Gary Van Osdel, Economic Development Agency Executive Director, stated that the
City does not have the ability to draw down CDBG funds in this fiscal year to
develop the capacity to do a float loan. He indicated that they are currently looking
into the "Grow San Bernardino Loan Program," and requested that the matter be
tabled.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be tabled.
The motion carried by the following vote:
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
44. Public Comments
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
Paul Sanborn, 3559 Genevieve, San Bernardino, CA, stated that he would like to
see the City add an additional 1/4 cent onto the sales tax in order to hire someone to
take homeless people off the streets and help them find jobs.
Mr. Sanborn also stated that he would like the City to put a moratorium on
residential building because of the shortage of police officers and because many fire
hydrants are not up to code.
Council Member/Commissioner Derry stated that a new housing development under
construction in the Fourth Ward was required to install additional tanks that would
increase the water pressure for that entire area, which will improve the fire safety.
He stated that the water problems were not occurring in the newer areas, but were
occurring in the older, established areas.
18 09/07/2004
Rick Avila, Avila Construction, 4022 North " P Street, San Bernardino, CA, spoke
regarding the corruption in the City Attorney's Office and the exorbitant amount of
money the City is spending on the appeal of his lawsuit.
Robert Medina, 1539 W. 17' Street, San Bernardino, CA, stated that the street
striping on Highland between Western and Mt. Vernon is becoming a serious
problem that needs to be addressed.
NB 1. Designation of voting delegate - 2004 League of California Cities Annual
Conference - September 17-19, 2004, in Long Beach, California
Note: No backup materials were distributed.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that the matter, which arose subsequent to the
posting of the agenda, be considered.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Kelley, that Council Member/Commissioner McCammack
be designated as the City's voting representative for the League of California Cities
Annual Conference to be held on September 17-19, 2004, in Long Beach,
California.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
S1. 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.
Note: No backup materials were distributed.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Kelley, that the matter be continued to the
Council/Commission meeting of September 20, 2004.
The motion carried by the following vote
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
19 09/07/2004
45. Adjournment
At 4:54 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, September 20, 2004, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
No. of Items: 47
No. of Hours: 3.5
RACHEL G. CLARK
City Clerk
Linda Sutherland
Deputy City Clerk
20 09/07/2004