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HomeMy WebLinkAbout01-20-2004 MinutesMINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JANUARY 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 Pro Tem/Acting Chairman Longville at 1:39 p.m., Tuesday, January 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 Pro Tem/Acting Chairman Longville; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Mayor/Chairman Valles. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Alcarez, Danny, et al. (Peo. v.) - S.B. Superior Court Case No. SCVSS 102450 Allen, Shirley v. City, et al. - S.B. Superior Court Case No. SCVSS 102087 Alvarez, Jaime, et al. v. City, et al. - United States District Court Case No. CV-00- 03048 GHK (Rcx) Alvarez, Jaime, et al. (RDA v.) - S.B. Superior Court Case No. SCVSS 086091 Avila Construction v. City, et al. - United States District Court Case No. EDCV-01- 0582 VAP (SGL) Avila Construction, Inc., et al. v. City, et al. - United States District Court Case No. CV-02-9730 AHM(RNBx) Avila Construction, Inc. v. City, et al - S.B. Superior Court Case No. SCVSS 091020 Avila Richard P., et al. v. City, et al. - S.B. Superior Court Case No. SCVSS 084862 Avila Construction, Inc. v. Mike Grubbs, et al - United States District Court Case No. EDCV03-04 VAP (SGLx) Arechiga-Tovar, Maribel, et al. v. City, et al. - United States District Court Case No. EDCVOI-0463 RT (SGLx) Arroyo, Michelle v. City, et al. - United States District Court Case No. EDCV02-8967 ABC(SHSx) Barklage, Marianne v. City, et al. - United States District Court Case No. CV-SACV 99-813AHS (Anx) Barklage, Marianne v. City,et al. - S.B. Superior Court Case No. SCVSS 096008 1 1/20/2004 Barkus, Russell v. City, et al. - United States District Court Case No. EDCVOI-962RT SGLx Bibbs, Stanley v. City, et al. - United States District Court Case No. CIV.S-03-2430 LKK KJM-PS Blackwell, Dale v. City, et al. - S.B. Superior Court Case No. SCVSS 036441 Botello, Rosalie, et al. v. City Municipal Water Dept., et al. - S.B. Superior Court Case No. SCVSS 099584 Brown, Benjamin v. City, et al. - S.B. Superior Court Case No. SCVSS 107399 Brown, Kenneth v. City, et al. - S.B. Superior Court Case No. SCVSS 107526 California Bio-Mass, A Calif. Corp., et al. v, City, et al. - S.B. Superior Court Case No. SCVSS 83473 Campos, Jess v. City, et al. - S.B. Superior Court Case No. SCVSS 110687 Campos, Rosa M., et al. (City v.) - S.B. Superior Court Case No. SCVSS 095486 Carr, Elliott v. City, et al. - S.B. Superior Court Case No. SCVSS 079875 Century TO Calif., LP; Adelphia Cablevision of San Bernardino - Fed. Comm. Commission Case No. CSR5514 City of Rancho Cucamonga & Upland v. City, et al. - S.B. Superior Court Case No. RCV 072613 City of San Bernardino Hotel/Motel Assoc. v. City, et al. - S.B. Superior Court Case No. SCV 46722 Conley, Ayesha v. City, et al. - S.B. Superior Court Case No. SCVSS 102514 Cooper, William H. (RDA v.) - S.B. Superior Court Case No. SCVSS 67622 Co -West Commodities, et al. (City v.) - S.B. Superior Court Case No. SCISS 036429 Credit Bureau of San Bernardino, et al. v. - S.B. Superior Court Case No. SCVSS 71169 Dailey, Cassandra v. City, et al. - S.B. Superior Court Case No. SCVSS 034774 Dameron, Carl M. (City v.) - S.B. Superior Court Case No. SCVSS 67467 Darby, Gary Kevin; City, et al. (Peo. v.) - S.B. Superior Court Case No. SCVSS 102449 Davis, David, et al. v. City, et al. - United States District Court Case No. EDCV03- 0356 VAP (SGLx) Deiro, Tim, et al. v. City, et al. - S.B. Superior Court Case No. SCVSS 103555 Delmann Heights Bloods Gang, et al. (Peo. FP v.) - S.B. Superior Court Case No. SCVSS 107068 Dick, Candice v. City, et al. - United States District Court Case No. EDCV02-158 VAP SGLx Dwyer, Lavon, et al. v. City, et al. - S.B. Superior Court Case No. SCVSS 106308 Fakhoury, Kareem (Peo. v.) - S.B. Superior Court Case No. SCV 26595 Fernandez, Jorge v. City, et al. - United States District Court Case No. CV03-09408 AHM AUWx Five Time Hometown Cripps (Peo. v.) - S.B. Superior Court Case No. SCVSS 080319 Fountain, John w. (Peo. v.) - S.B. Superior Court Case No. SCVSS 102357 Friday, Dennis v. James F. Penman, et al. - S.B. Superior Court Case No. SCVSS 099434 Fruchiante, Betty v. City, et al. - S.B. Superior Court Case No. SCVSS 104232 Garcia, Jr., Armando v. Chris McWhirter, et al. - United States District Court Case No. EDCV03-0190 Geierman, Megan v. City, et al. - S.B. Superior Court Case No. SCISS 100734 Goodwin, Shirley J. v. City, et al. - United States District Court Case No. EDCV98- 66RT (VAPx) Guest, Stephen, a minor, et al. v. City, et al. - S.B. Superior Court Case No. SCVSS 71582 1 /20/2004 Hamilton, LaFrance v. City, et al. - United States District Court Case No. EDCV00- 107 RT(RNBx) Haywood, James v. City, et al. - S.B. Superior Court Case No. SCVSS 102414 Hearn, Kimberlyn v. City, et al. - United States District Court Case No. EDCV03- 01434 RT (SGLx) Highland-Delmann Heights, etc. (Peo. v.) - S.B. Superior Court Case No. SCVSS 104542 Howard, Ruby v. City, et al. - S.B. Superior Court Case No. SCVSS 95713 Hyatt, Frank, et al. v. City, et al. - S.B. Superior Court Case No. SCISS 034376 Jimenez, Alicia v. City, et al. - S.B. Superior Court Case No. SCVSS 74145 Lopez, Ana v. City, et al. - S.B. Bernardino Superior Court Case No. RCV 072546 Lockett, Vernell v. City,et al. - S.B. Superior Court Case No. SCVSS 106743 McCrary, Glen v. Sgt. M. Desrocher, et al. - S.B. Superior Court Case No. SCVSS 091867 McCrary, Glen v. Sgt. M. Desrocher, et al. - United States District Court Case No. CV-02 CBM (PJW) Macedonia Missionary Baptist Church, et al. Peo. v. - S.B. Superior Court Case No. SCVSS 102885 Manta Management Corp. (Peo. v.) - S.B. Superior Court Case No. SCV 18157 Mendoza, Tomas Munoz, et al. v. City, et al. - S.B. Superior Court Case No. SCVSS 94456 Monschke, Valerie Jean; City, et al. (Peo. v.) - S.B. Superior Court Case No. SCVSS 103509 Moore, Adrian Eugene v. City, et al. - United States District Court Case No. CVOI- 03064 DDP (RZ) Myles, Donald v. City, et al. - S.B. Superior Court Case No. SCISS 109346 Nunez, Thomas; Victor Nunez v. City, et al. - S.B. Superior Court Case No. SCISS 099063 Patel, Pravin D. v. City, et al. - United States District Court Case No. EDCV-98- 298RT (VAPx) Patel, Vibhakerbhai v. City, et al. - United States District Court Case No. EDCV-0I- 592VAPSGLx Peach, Stephen v. City, et al. - S.B. Superior Court Case No. SCVSS 102027 Pentico, Joseph v. City, et al. - S.B. Superior Court Case No. SCISS 204518 Pope -Ludlam, Valerie, et al. (City v.) - S.B. Bernardino Superior Court Case No. SCVSS 108965 Provost, David, et al. (Peo. v.) - S.B. Superior Court Case No. SCVSS 100934 Rainey, Patrick Ricks v. City, et al. - United States District Court Case No. EDCV-02- 768 RT SGLx Redlands Association v. City, et al. - S.B. Superior Court Case No. SCVSS 096182 Rey, Mark v. City, et al. - S.B. Superior Court Case No. SCVSS 101177 San Bernardino Hotel/Motel v. City, et al. - S.B. Superior Court Case No. SCV 264661 San Bernardino Professional Firefighters Union, Local 891, Bill Boyce v. City, et al. - S.B. Superior Court Case No. SCVSS 097143 Sanborn, David M., et al. v. City, et al. - S.B. Superior Court Case No. SCVSS 078410 7th Street Gang, et al. (Peo. v.) - S.B. Superior Court Case No. SCV 42552 Smith, Jonathan v. City, et al. - United States District Court Case No. CV-98-1990 KMW State Department of Transportation v. City, et al. - S.B. Superior Court Case No. SCVSS 094456 Street, Michael B., et al. (Peo. v.) - S.B. Superior Court Case No. SCVSS 094455 1 /20/2004 Sur Crazy Ones, et al. (Peo. v.) - S.B. Superior Court Case No. SCVSS 58315 Swain, Chales v. City, et al. - S.B. Superior Court Case No. SCVSS 69794 Swayzer, Robert v. Tommy Cooks; City, et al. - S.B. Superior Court Case No. SCVSS 104946 Swearengin, Laquita, et al. v. City, et al. - S.B. Superior Court Case No. SCISS 105145 Sweet, Betty v. City,et al. - S.B. Superior Court Case No. SCVSS 102106 Taylor, Bishop Tyrone T. v. Gary Van Osdel, et al. - United States District Court Case No. EDCV03-0389RT (SGLx) Thomas, Alice & Wilson, Allean v. City, et al. - S.B. Superior Court Case No. SCVSS 098359 Torres, Salvador v. Officer D. Battle, et al. - S.B. Superior Court Case No. SCVSS 082631 U.S. Department of Defense (City of San Bernardino Water Dept. v.) - United States District Court Case No. CV96-8867/CV96-5205 Velardez, Fernando, et al. v. City, et al. - S.B. Superior Court Case No. SCVSS 097365 Verdugo Flats Gang, et al. (City v.) - S.B. Superior Court Case No. SCVSS 092975 Ysais, Sylvia Marie v. City, et al. - Riverside Superior Court Case No. RIC 385024 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: Neighbors of San Manuel Tribe v. City C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City v. San Manuel Band of Serrano Mission Indians 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: 1. Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino City Professional Fire Fighters' Association 4 1/20/2004 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional items would be discussed in closed session: Under Agenda Item 1B, Significant Exposure to Litigation: Agenda Item No. 13; Under Agenda Item 1C, Initiation of Litigation: Agenda Item No. 9; Under Agenda Item 1D, Personnel: Agenda Item No. 10. Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Dr. Aloha L. Smith of St. Francis Episcopal Church, followed by the pledge of allegiance, led by Council Member/Commissioner Suarez. Moment of Silence Mayor Pro Tern Longville extended condolences to the families and requested a moment of silence in memory of Frank Dominguez, founder of the Vanir Group of Companies and an active member of the community for many years, and Walt Schuiling, a longtime resident of San Bernardino County who was a co-founder of the San Bernardino County Museum Association and a teacher at Pacific High School and San Bernardino Valley College. 2. Appointments There were no Commission appointments. 3. Proclamations & Presentations 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 Pro Tern Longville in recognition of their many years of dedicated service to the City: Name Randy Losh James Prater David Anderson Monica Flores Michael Potts Mansie Booker Department Development Services Fire Police Police Police Telecommunications Years of Service 15 15 30 15 25 15 5 1 /20/2004 E 5. RI 7 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. Police Chief Zimmon made an announcement regarding the renaming of the policing areas throughout the city and the department's new Beat Plan, stating that he would provide more details at the next Council meeting. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that full reading of the resolutions and ordinances on the regular agenda 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, Suarez, Anderson, McCammack. Nays: None. Absent: None. Claims & Payroll Council Member/Commissioner Anderson 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 January 7, 2004,from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. Personnel Actions Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that the personnel actions as submitted by the Chief Examiner dated January 13, 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 Commissioners Estrada, McCammack. Nays: None. the following vote: Ayes: Council Members/ Longville, McGinnis, Derry, Suarez, Anderson, Absent: None. 6 1 /20/2004 8. Resolutions by and between the City of San Bernardino and the Economic Development Agency authorizing execution of an agreement to jointly fund the consulting services of Copeland, Lowery, Jacquez, Denton & Shockey RES. CDC/2004-1 - Resolution of the Community Development Commission of the City of San Bernardino authorizing the execution of an Agreement to jointly fund the consulting services of Copeland, Lowery, Jacquez, Denton & Shockey (CLJDS) by and between the City of San Bernardino and the Community Development Commission of the City of San Bernardino.(8A) RES 2004-7 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement to jointly fund the consulting services of Copeland, Lowery, Jacquez, Denton, & Shockey by and between the City of San Bernardino and the Community Development Commission of the City of San Bernardino. (8B) RES. 2004-8 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement with Copeland, Lowery, Jacquez, Denton & Shockey for federal representation services. (8C) Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said resolutions be adopted. Community Development Commission Resolution No. CDC/2004-1 and Mayor and Council Resolution Nos. 2004-7 and 2004-8 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 9. Authorization to execute subpoena for production of business records, books, papers and other documents relative to the operation of business by the Blast Soccer Club at Al Guhin Park City Attorney Penman advised that a revised subpoena was being distributed to the Council adding item 3.b., which was not included in the original subpoena previously distributed. Alex Aldasoro, 125 South Jackson Road, San Bernardino, CA, representing the San Bernardino Blast Soccer Club, stated that the City had not been working with the soccer club on this matter. Mr. Aldasoro advised that the Blast Soccer Club has invested over half a million dollars of private donations and money earned through youth activities in the 7 1/20/2004 soccer fields; and other than water, the City has not provided one thing towards any improvements. He stated that the soccer club was being harassed by a threat of a subpoena of records, when all the City had to do was call and request them. He said that he had the records with him; however, he had just read the subpoena and it asks for records that he doesn't have. City Attorney Penman provided background information on the acquisition, ownership, and maintenance of the soccer fields. He stated that the City has an agreement with the Blast Soccer Club, and the consideration for the City leasing them this land for their use was that they would develop the field and add improvements which would become the property of the taxpayers. He stated that the agreement does not provide for the City to furnish water; the water would have to be paid for. Mr. Penman stated that City staff had advised his office that requests had been made of the Blast Soccer Club for certain documents; however, the documents were not forthcoming, and that is the reason for the subpoena. He stated that the subpoena covers a number of items, and there is nothing in it the soccer club should not have. In fact, the law requires that some of the records being requested should be retained for a number of Nears. He added that if the soccer club does not have these items, that, in effect, is a major problem; and this seems to be the issue, since Mr. Aldasoro stated that he does not have some of the items listed in the subpoena. Mayor Pro Tent Longville advised that this action is being taken to enable the City to review an agreement that it has with the Blast Soccer Club, and the only intent of the City is to conduct a complete and thorough audit so they are on firm footing. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor be authorized to execute the revised subpoena prepared and distributed by the City Attorney's Office for the production of business records, books, papers and other documents relative to the operation of business by the Blast Soccer Club at Al Guhin Park. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 8 1 /20/2004 10. Authorization to utilize City Attorney Investigator/Special Projects (part- time) to assist Code Enforcement Officers in their enforcement duties under the San Bernardino Municipal Code up to an average of two (2) additional days per week (18 hours) for the period of January 20, 2004 through June 30, 2004, with no benefits, at $32 per hour Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council authorize the City Attorney to allow the City Attorney Investigator/Special Projects (Part-time) to assist Code Enforcement Officers in their enforcement duties under the San Bernardino Municipal Code up to an average of two (2) additional days per week (18 hours) for the period January 20, 2004 through June 30, 2004, with no benefits, at $32 per hour; and that the Director of Finance be authorized to effect a budget amendment transferring $13,248 in savings from Account No. 001-073-5505 (Code Compliance Other Professional Services - CDBG) to Account No. 001-051-5014 (City Attorney's Office Part- time hiring). The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 11. RES. 2004-9 - 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 establishing a 4- way stop at the intersection of Meyers Road and Olive Avenue. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-9 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 12. RES. 2004-10 - 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 Pumalo Street between Del Rosa Avenue and Date Place a through highway. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. 9 1/20/2004 Resolution No. 2004-10 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 13. Authorization to proceed with proposed vacation of a portion of Gannett Parkway, formerly known as Campeau Drive, between Hallmark Parkway and Georgia Boulevard and approval of Plan No. 10901 City Attorney Penman stated that this matter was being continued for legal reasons and to give the parties an opportunity to try and negotiate an agreement that is to everyone's best interest. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of February 2, 2004. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 14. RES. 2004-11 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Ross A. Guy & Son, General Engineering Contractors, Inc. for sanitary sewer system improvements for proposed SR-210 Freeway extension at Macy Street and Madison Street from 23rd Street to 26' Street (SW 04-17), per Plan No. 10635. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-11 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 15. Item Deleted 16. Item Deleted 17. RES. 2004-12 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Tunnel Equipment Manufacturing Company DBA TEMCO for sanitary sewer system improvements for proposed SR-210 Freeway extension at 27" Street along Medical Center Drive and Cajon Boulevard (SW 04-18), per Plan No. 10743. 10 1 /20/2004 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-12 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 18. Resolutions awarding contracts - various Landscape Maintenance Assessment Districts, Areas "A" and "B" RES. 2004-13 - Resolution of the City of San Bernardino awarding a contract to Azteca Landscape for the maintenance of landscaping in Assessment District Nos. 976, 991, 997, 1017, 1025 & 1028 (Area "A"). (18A) RES. 2004-14 - Resolution of the City of San Bernardino awarding a contract to Golden West Landscape Contractor for the maintenance of landscaping in Assessment District Nos. 951, 952, 1002 & 1019 (Area "B"). (18B) Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said resolutions be adopted. Resolution Nos. 2004-13 and 2004-14 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 19. Item Deleted 20. RES. 2004-15 - Resolution of the Mayor and Common Council of the City San Bernardino ratifying the issuance of two purchase orders to Koston Construction for construction services to rebuild the O'Grady/Gurule Concession Stand in Speicher Park. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted; and that the Mayor and Common Council authorize the Director of Finance to amend the FY 2003/04 adopted budget and increase Account No. 629-453-5162 by $92,900 and revenue Account No. 629-000-4924 by $92,900 to reflect the insurance reimbursement to be received. The motion carried and Resolution No. 2004-15 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 11 1/20/2004 21. ORD. MC-1163 - Ordinance of the City of San Bernardino amending Chapter 15.10 relating to Foothill Fire Zone Building Standards and adding Chapter 15.11 of the San Bernardino Municipal Code to include the Building Safety Enhancement Area Building Standards. FINAL READING Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said ordinance be adopted. Ordinance No. MC-1163 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 22. RES. 2004-16 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to issue a purchase order to Allstar Fire Equipment, Inc. in the amount of $25,689.76, L.N. Curtis & Sons in the amount of $68,031.21. and Motorola in the amount of $59,977.38. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-16 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 23. RES. 2004-17 - Resolution of the City of San Bernardino authorizing the Mayor to execute the Fourth Amendment to the Limited Access Easement Agreement (Temporary) between the City and Rancon Realty Fund IV to extend the term of Agreement relating to the former Waterman Landfill. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-17 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 24. RES. 2004-18 - Resolution of the Mayor and Common Council of the City of San Bernardino granting an extension of the Cable Franchises with Adelphia Communications, Charter Communications, and Mountain Shadows Cable. 12 1/20/2004 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-18 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 25. RES. 2004-19 - 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 grant from the Community Foundation serving Riverside and San Bernardino in the amount of $10,000 to supplement the Senior Companion Program for the period of May 1, 2004 through April 30, 2005. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2004-19 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 26. RES. 2004-20 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submittal of a grant application to the State of California Business, Transportation and Housing Agency, Office of Traffic Safety (OTS) in the amount of $90,000. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-20 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 27. RES. 2004-21 - Resolution of the City of San Bernardino accepting the California Office of Traffic Safety Concepts Grant, if awarded, and authorizing the expenditure of funds in accordance with the Grant Expenditure Plan. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2004-21 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 13 1/20/2004 28. RES. 2004-22 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submission of Waste Tire Enforcement Grant Application to the California Integrated Waste Management Board. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2004-22 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 29. Implement classification study for Engineering and Planning positions in Development Services Department Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council approve the following Development Services Department classification and salary adjustments to be effective January 16, 2004: Increase Engineering Associate and Construction Engineer, Range 2485, $4,987-$6,062/month, five percent (5%) to Range 2495, $5,242-$6,372/month; establish full-time classification of Senior Civil Engineer at Range 4529, $6,211-$7,549/month, and modify job description of Senior Engineer; reclassify City Planner, Range 4518, $5,879-$7,146/month, to Deputy Director/City Planner, Range 4559, $7,213-$8,767/month; and reclassify one (1) vacant Senior Planner position, Range 2496, $5,268-$6,403/month, to new classification of Principal Planner, Range 4525, $6,088-$7,400/month. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 30. Public hearing - establish certain fees for services furnished by the City of San Bernardino A Resolution of the City of San Bernardino establishing certain fees for services furnished by the City of San Bernardino, and repealing Resolution No. 2003-211, Resolution No. 90-397, Resolution No. 91-470, and Resolution No. 90-471, and amending Resolution No. 89-471, Resolution No. 90-154, Resolution No. 91-148, and Resolution No. 97-271. Mayor Pro Tem/Acting Chairman Longville opened the hearing. It was noted that Mayor Valles had requested that any action taken on this item be postponed until the next Council meeting when she could be present. 14 1/20/2004 City Administrator Wilson explained that the proposed fee increases are just one of the many approaches the City is taking to help balance the budget for the next fiscal year. Lori Sassoon, Assistant to the City Administrator, provided a detailed overview of the staff report and backup materials relative to the fee increases and new fees being proposed for the following departments: Animal Control, City Clerk, Development Services, Facilities Management, Fire, Police, and the City Administrator's Office. Council Member/Commissioner Estrada stated that she wanted to be sure that the public is aware of what is being charged in surrounding cities —that the City of San Bernardino remains comparable or below surrounding jurisdictions. Ms. Estrada suggested that City staff periodically let the public know how the City's fees compare to those in surrounding cities, so they realize that we are not out of line. Council Member/Commissioner McCammack pointed out that as an example, the City of San Bernardino is proposing a fee of $266 for a Public Convenience or Necessity Determination (PCN), while the City of Colton charges $1,950, the City of Moreno Valley charges $4,375, and the County of Riverside charges $9,457. Ms. McCammack stated that she felt she needed to make sure that the Administration understands that she receives a lot of calls regarding tow releases and the Police Department making the phone calls to a tow company to have the vehicle towed, whether it's in an accident, illegally parked, or whatever the case may be. Also, from time to time a resident goes to pick up a vehicle and is told by the impound facility that they are closed for the weekend and charges are racking up each day for storage, etc. Ms. McCammack stated that if the City is going to increase the fee for tow releases, staff needs to be sure that services are available to the public so they can recover their vehicles in a much more timely manner than the stories she has heard. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Larry Singleton, 3716 Modesto Drive, San Bernardino, CA, spoke in opposition to the Police Department tow release fee. Brian Cronin, 763 West Highland Avenue, San Bernardino, CA, Executive Director of the Humane Society of San Bernardino Valley, stated that they are supportive of the increased fees; however, they do have one concern. He noted 15 1/20/2004 that the proposed fees in the Animal Control Department will generate approximately $115,000, but they have been told that Animal Control is being asked to reduce their annual budget. He stated that in their opinion, reducing the annual budget will also reduce the service and the amount of response which can be expected from the Animal Control Department. Therefore, the Humane Society is asking that if the City is going to raise fees, that the fee increases be sufficient enough to ensure that the department doesn't have to sustain budget cuts this year. James Hall, 1688 Massachusetts, San Bernardino, CA, stated that he is a member of the Animal Control Commission, which is supportive of the increases, realizing that they should lead to more responsible pet owners. The Commission is concerned, however, with the bad publicity that Animal Control has received in the newspaper recently concerning all the animals that had to be destroyed. He stated that this stems from the fact that San Bernardino does not have an active, City supported, spay and neuter program. Mr. Hall advised that the City of Redlands and some other cities are providing funds to help with spay and neuter programs; therefore, the Commission is suggesting that a part of the funds generated by animal licensing be used to support a spay and neuter program —either through an established program such as the Humane Society offers, or through a voucher system that would have the same effect. Council Member/Commissioner Estrada asked staff to put the proposal to increase fees into perspective, noting that the total amount of fees that the Council is considering today has come about as a result of more money being taken from the cities by the State of California. She pointed out that the staff report reflects about a 1.2 million dollar increase to the City if all of these fees are put into place, and asked City Administrator Wilson how much money the City is being shortchanged. Mr. Wilson stated that with the governor's current proposal the City of San Bernardino will be short about 1.5 to 1.7 million dollars this fiscal year. He stated that if you go back over the years, you will see a pattern by the state during different budget cycles to continue to raid local dollars and the compounded effect is finally hitting the cities- He added that state take-aways are just one factor the City is confronting next year —the second one is the whole issue of increases in the City's Public Employee Retirement System costs, which is significant. Also, there are significant increases in Workers' Compensation and other charter mandated costs; and altogether, the total is in excess of $10 million. 16 1/20/2004 Ms. Estrada stated that the public needs to understand what the City is trying to do is keep afloat under some very difficult circumstances. She stated that she would like the people to know that the lack of these funds makes it impossible for the City to provide residents with the level of service that they need, and the City has to find a way to raise more money, so it comes back to the residents again in order to do this. She stated that there needs to be some participation from the public, and she asked local residents to call the Governor's Office in Sacramento at (916) 445- 2811 or (916) 445-2841 and leave a message for him and let him know how they feel. She stated that it is important for the public to understand that it is not their fault; neither is it the fault of the City. Council Member/Commissioner Derry stated that he wanted to remind the public that these are basically fees for service, and if they are not paid by the service user, then they are subsidized by the public, which means the average taxpayer. If the City fails to keep up with these fees, and at least keep them at a level that is reasonable and responsible, then it is laying more of the burden on the residents as taxpayers. The public needs to be reminded that when the City looks at these fees on a regular basis, the City is trying to make sure that the residents are not subsidizing specific services that are requested by certain residents, businesses, and developers in the city. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of February 2, 2004. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 31. 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 for this item. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council confirm the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire. 17 1/20/2004 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 32. An Ordinance of the City of San Bernardino amending Section 5.04.015 of the San Bernardino Municipal Code by adding Subsection "E" relating to Business Registration Certificate Application processing fees. FIRST READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the matter be continued to the Council/Commission meeting of February 2, 2004. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 33. Ordinance of the City of San Bernardino amending Section 10.52.030 of the San Bernardino Municipal Code to establish a forty mile per hour speed limit on "E" Street between Hunts Lane and Century Avenue. FIRST READING Council Member/Commissioner Anderson 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, Suarez, Anderson, McCammack. Nays: None. Absent: None. 34. Ordinance of the City of San Bernardino amending Section 15.04.080(B)(2) of the San Bernardino Municipal Code relating to fee waivers for certain permits after a natural disaster. FIRST READING Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Derry, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 18 1/20/2004 35. RES. 2004-23 - Resolution of the Mayor and Common Council of the City of San Bernardino designating certain parcels as being located within the Building Safety Enhancement Area as defined by San Bernardino Municipal Code Chapter 15.11, due to damage or destruction caused by the Old Waterman Canyon Fire. Marvin Billings, 1540 Alto Drive, San Bernardino, stated that he built his house 54 years ago, and on October 25 the house disappeared. He stated that he wanted to show his appreciation to the Mayor and Council for considering and adopting the eight building standards that were outlined in the letter sent out by Fire Marshal Doug Dupree. He stated that the cooperation of the various agencies in the city throughout this entire disaster has been marvelous, and the estimated $1630 in additional costs which a resident would incur because of these building standards would be offset by the waiving of the fees. Mr. Billings stated that something needs to be done about the palm trees —that dead fronds are just hanging on the trees waiting to be ignited and fall on top of a house. He suggested that there should either be a restriction on palm trees or they should be trimmed regularly because they are a terrible danger; and again expressed his appreciation for the new standards being adopted by the Council. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2004-23 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 36. An Ordinance of the City of San Bernardino amending Municipal Chapter 8.81 to include Section 8.81.045 establishing a requirement that alarm businesses notify the Police Department of each alarm installation and that allows the City of San Bernardino to invoice alarm businesses for installation and monitoring service transfer fees. FIRST READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the matter be continued to the Council/Commission meeting of February 2, 2004. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 19 1/20/2004 COMMUNITY DEVELOPMENT COMMISSION R37. Clarification and amendment to the June 2, 2003 Disposition and Development Agreement (DDA) by and between the Redevelopment Agency of the City of San Bernardino and J.R. Watson & Associates Development Company RES. CDC/2004-3 - A Resolution of the Community Development Commission of the City of San Bernardino authorizing the Executive Director to execute the Clarification and Amendment to the 2003 Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and J. R. Watson & Associates Development Co., dated June 2, 2003. (R37A) RES. 2004-25 - Resolution of the Mayor and Common Council of the City of San Bernardino approving that certain Purchase and Sale Agreement by and between the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino relating to property located at the northwest corner of University Parkway and Northpark Boulevard in the City of San Bernardino. (R37B) City Attorney Penman noted that in Section 4 page 3, line 16) of the Mayor and Council resolution, the Council has basically given the City Attorney's Office a veto that is not given to the Attorney's Office by the Charter. He stated that sometimes when a department wants to get things moving fast, and if there are any changes, rather than bring them back to the Mayor and Council, as should be done, they will put in, "As approved by the City Attorney." He advised that what the Council is doing, in effect, is delegating their legislative duties to the City Attorney's Office; and although there is nothing that legally prohibits them from doing this, it is not the role of the City Attorney's Office. Mr. Penman stated that he would always prefer that the documents be brought back to the full Council with any changes that need to be approved. Special Counsel Sabo, legal counsel for the Economic Development Agency, explained that he included the language in Section 4 of the Mayor and Common Council resolution because it deals with the conforming of the Purchase and Sale Agreement with the staff report dated December 19, 2003, from Maggie Pacheco, Deputy Director of the Economic Development Agency. He added that the latest version of the Purchase and Sale Agreement was attached to the resolution Mr. Sabo stated that the language at the end of Section 4, which reads, "together with such technical and conforming changes as may be recommended by the General Manager of the Municipal Water Department and approved by 20 1/20/2004 the City Attorney" was his suggested language for the purpose that when you are dealing with a transaction such as this, without such a phrase like that, that would mean that the agreement, verbatim as it is in the agenda, is the version that would have to be signed and delivered through the escrow closing. He pointed out that there are other circumstances that could occur, such as a clarification or other nuances to the agreement that may be necessary, so in his judgment, when dealing with these complicated financing and real estate transactions, you want to delegate some authorization to a staff person and to an attorney to review those changes if they are nonsubstantial—if they are minor changes —otherwise we would have to bring the agreement back with whatever change had been made. He noted that both Mr. Penman and Mr. Kersey would still have the discretion to say that they will not approve that type of a change, and it would then come back to the Council. This merely delegates the ability for them to approve these minor changes. Mr. Penman stated that Mr. Sabo was absolutely correct in what he said, and he did not object to the Council approving the resolution; however, he felt it was important for the Council to realize exactly what they were approving. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolutions be adopted. Community Development Commission Resolution No. CDC/2004-3 and Mayor and Council Resolution No. 2004-25 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. R38. RES. CDC/2004-2 - A Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the Redevelopment Project Study Agreement for property acquisition and redevelopment assistance with Catellus Operating Limited Partnership, a Delaware Corporation (Mt. Vernon Corridor Redevelopment Project Area) ("Agreement"). Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. CDC/2004-2 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 21 1/20/2004 R39. RES. 2004-24 - Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the Mayor to execute Amendment No. 1 to the HOME Agreement by and between the City of San Bernardino ("City") and Neighborhood Housing Services of the Inland Empire, Inc. (NHS) - Homebuyer Education Program. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-24 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 40. Public Comments Connie Holt, 5954 North Walnut Avenue, San Bernardino, CA, spoke regarding the rumor that the City is planning to sell the refuse operation to a private company. She urged the Council to check out all the facts before making any decision regarding this matter. Larry Singleton, 3716 Modesto, San Bernardino, CA, spoke regarding the hiring of illegal immigrants in all types of jobs, but especially those in the construction industry. Joan Gillette, 3655 North "E" Street, San Bernardino, CA, requested that the City repair/replace the guardrail near her property —that during the past five months, three vehicles have crashed through her fence and ended up in her back yard. 41. Adjournment At 5:29 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1:30 p.m., Monday, February 2, 2004, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 41 No. of Hours: 4 RACHEL G. CLARK City Clerk By: Linda E. Hartzel Deputy City Clerk 22 1/20/2004