HomeMy WebLinkAbout03-15-2004 MinutesMINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MARCH 15, 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 1:40 p.m., Monday, March 15, 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 McGinnis, Kelley,
Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator
Wilson. Absent: Council Members/Commissioners Estrada, Longville, Derry.
Council Member/Commissioner Estrada Arrived
At 1:52 p.m., Council Member/Commissioner Estrada arrived at the Council/
Commission meeting.
Council Member/Commissioner Derry Arrived
At 3:11 p.m., Council Member/Commission Derry arrived at the Council/Commission
meeting.
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. John Fountain - San Bernardino Superior Court Case No.
SCVSS 102357;
Alice Thomas & Allean Wilson v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 098359;
Sylvia Marie Ysais v. City of San Bernardino, Kevin Emmett Savage, et
al. - Riverside Superior Court Case No. RIC 385024;
1 3/15/2004
California Bio-Mass, et al. v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 083473.
C. 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
D. 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
E. Closed Session - personnel - pursuant to Government Code Section
54957.
F. 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.
G. 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
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1. Proper : APN 0136-111-22 (a portion thereof)
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency (owner) and Mill
Street Development, LLC (Buyer)
Under Negotiations: Purchase price, terms & conditions
2 3/15/2004
2. Proper : APN: 0136-201-140000
Negotiating Parties: Fred Wilson on behalf of the City of San
Bernardino and California Diversified
Properties on behalf of the property owners
Under Negotiation:
North Arden -Guthrie
3. Property:
Lease costs, terms and conditions
APN 1191-021-21
2073 N. Newcomb Street
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Lydia
Mayers, property owner
Under Negotiation: Purchase price, terms and conditions
4. Property: APN 1191-021-48
2105 N. Dumbarton Avenue
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Ahonen
Petri, property owner
Under Negotiation:
Mt_ Vprnan
5. Property:
Purchase price, terms and conditions
APN 0138-115-06
514 N. Mi. Vernon Avenue
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of Redevelopment Agency and Dan Virgilio,
property owner
Under Negotiation: Purchase price, terms & conditions
City Attorney Penman announced that the following items would be discussed in
closed session:
Under Agenda Item 1A, Existing Litigation:
City of San Bernardino, et al. v. Valerie Pope -Ludlam, Edward Negrete,
Yolanda Negrete, et al. - San Bernardino Superior Court Case No. SCVSS
108965;
3 3/15/2004
San Bernardino Professional Firefighters Union, Local 891, et at. v. City of San
Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 97143;
Credit Bureau of San Bernardino, et al. v. City of San Bernardino, et al. -
Fourth District Court of Appeals Case No. E032281 and San Bernardino
Superior Court Case No. SCV 71169.
Under Agenda Item 113, Anticipated Litigation, Significant Exposure to
Litigation:
Lester Kulikoff v. City of San Bernardino;
Agenda Item Nos. 31 and S1.
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 Chaplain David Randolph of San Bernardino Community
Hospital, followed by the pledge of allegiance, led by Stephanie Galvez and
Christopher Howard, fifth grade students from Bradley Elementary School.
Moment of Silence
Mayor/Chairman Valles extended condolences to the families and requested a moment
of silence in memory of Patricia Kaplan, who was employed as a Community Services
Officer with the San Bernardino Police Department since 1999 and passed away over
the weekend; and Dr. Eugene "Jim" Holding, who had a chiropractic business in San
Bernardino for 55 years and was a survivor of the June 6, 1944, D-Day landing on
Omaha Beach and an active member of the Veterans of Foreign Wars.
Council Member/Commissioner McGinnis extended condolences to Glen Moss and the
Moss family on the passing of Julian Moss during the past week.
2. Appointments
A. Appointment - Mayor Valles
Marion Vassilakos - Board of Library Trustees
B. Appointment - Council Member Estrada
Bobbie J. Johnson - Senior Affairs Commission
4 3/t 5/2004
C. Appointments/Re-appointments - Council Member McGinnis
Appointment - Damon L. Alexander - Human Relations Commission
Re -appointment - Doris Turner - Bureau of Franchises
Re -appointment - Willie M. Brue - Community Development Citizens
Advisory Committee and Senior Affairs Commission
Re -appointment - Gwen Terry - Community Television Commission
Re -appointment - Jane Messer - Fine Arts Commission
Re -appointment - Howard E. Sullivan - Board of Police Commissioners
D. Appointments/Re-appointments - Council Member Kelley
Appointment - Anthony Blacksher - Board of Building Commissioners
Appointment - Harold Hoppins - Board of Fire Commissioners
Appointment - Shari Beattie - Human Relations Commission
Appointment - Larry A. Heasley - Planning Commission
Appointment - Randy Kent - Parks & Recreation Commission
Appointment - Colleen M. Devlin-Burgraff - Board of Police
Commissioners
Appointment - Louella P. Deetz - Senior Affairs Commission
Re -appointment - Lisa Blacksher - Fine Arts Commission
Re -appointment - Dr. Louis A. Fernandez - Bureau of Franchises
E. Appointments/Re-appointments - Council Member Johnson
Appointment - Ricky Harris - Parks & Recreation Commission
,Appointment DoloresAFfnstead Planning Commis :
Appointment - Draymond Crawford II - Board of Police Commissioners
Re -appointment - Linda Hart - Fine Arts Commission
Re -appointment - Sylvia Arias - Board of Fire Commissioners
Re -appointment - Maxine Barnett - Human Relations Commission
Re -appointment - Precious Wesley - Senior Affairs Commission
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner McCammack, that the appointments and re-
appointments, as requested by Mayor/Chairman Valles and Council
Members/Commissioners Estrada, McGinnis, Kelley, and Johnson be approved,
except for the appointment of Dolores Armstead.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner Longville.
3. Proclamations & Presentations
On behalf of Senator Nell Soto, Mayor Valles recognized Councilwoman
Estrada as recipient of the Woman of the Year award.
5 3/15/2004
Councilwoman McCammack presented a commendation to Major Russell Fritz
of the Salvation Army for its untiring and ongoing efforts in meeting the needs
of individuals affected by the recent fires and subsequent floods.
A proclamation designating the month of March 2004 as American Red Cross
Month was presented to Brenda Frederick and Yevette Ramos, Director of
Development for the Red Cross.
A proclamation designating the month of March 2004 as Women's History
Month was accepted by Women of Achievement Chairwoman Eileen Gomez and
Co -Chairwoman Wendy Cunningham.
Mayor Valles presented a proclamation designating March 16, 2004, as Adult
School Day to Principal Dawson.
Representatives from Verizon presented a check in the amount of $18,447.59 to
the City as reimbursement for telephone service for residents displaced by the
recent fires.
Glenn Baude, Director of Code Compliance, and Keith Sarten, Code
Compliance Officer, presented the Old Towne Property of the Month Award to
Mr. Nathaniel Grant, who resides at 720 West 9' Street, in recognition of the
beautification and maintenance of his property.
Director of Code Compliance Glenn Baude and his entire Code Compliance
staff were presented with the City's 2003 Together We Can Award in
recognition of their tireless efforts in evacuating and relocating people, assessing
damage, and hazard abatement during the recent fires.
The City's Employee of the Year Award was awarded to two employees -
Aurora Mendoza, Senior Administrative Supervisor at the Feldheym Library,
and Mike Grubbs, Acting City Engineer in the Development Services
Department. Ms. Mendoza, who has worked at the Library for thirty-five
years, was recognized for her high ethical standards and her exceptional
customer service skills. Mr. Grubbs, who has been employed with the City for
19 years, recently took on the position of Acting City Engineer and has
demonstrated an awesome ability to complete great volumes of work under
stressful circumstances, often working after hours and on his days off.
David Pruitt, Executive Assistant to the Mayor, 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:
6 3/15/2004
Name
Irene Thomsen
Nancy Clatfelter
Teresa Dobbs
Robert Mendoza
4, Announcements
5
I
7
Department
Library
Parks, Recreation &
Community Services
Parks, Recreation &
Community Services
Public Services
Years of Service
30
10
61
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.
Waive full reading of resolutions & ordinances
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, 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, McGinnis, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner Longville.
Council Minutes
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the minutes of the following
meeting of the Mayor and Common Council/Community Development
Commission of the City of San Bernardino be approved as submitted in
typewritten form: February 17, 2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner Longville.
Claims & Payroll
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated March 2,
2004, from Barbara Pachon, Director of Finance, be approved.
7 3/15/2004
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner Longville.
8. Personnel Actions
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the personnel actions as
submitted by the Chief Examiner dated March 10, 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, McGinnis, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner Longville.
9. RES. 2004-77 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to an annual purchase order to
Professional Communications Network (PCN) for telephone answering
services provided to the Animal Control Department.
Reverend L. J. Guillory, 618 East Orange Show Road, San Bernardino, CA,
commended the Animal Control Department on their timely responses and
services.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-77 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner
Longville.
10. Waive Temporary Use Permit - Inland Behavioral and Health Services, Inc.
- 4' Annual Health Fair - $361.75
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the request by Inland
Behavioral and Health Services for a waiver of the temporary use permit in the
amount of $361.75 in connection with their 4" Annual Health Fair to be held on
June 26, 2004, at the Whitney Young Family Health Clinic, be approved.
8 3/15/2004
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner Longville.
11. Waive fees - Our Lady of Assumption Church - Family Fun Fair - May 16,
2004 - $891
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the request by Our Lady of
Assumption Church for a waiver of City fees in the amount of $891 in
connection with their Family Fun Fair at Our Lady of Assumption Church on
May 16, 2004, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Coramissioner Longville.
12. ORD. MC-1168 - Ordinance amending Chapter 8.80 of the San Bernardino
Municipal Code pertaining to the protection and regulation of the City's
storm water drainage system. FINAL READING (Continued from March 1,
2004)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said ordinance be adopted.
Ordinance No. MC-1168 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner
Longville.
13. ORD. MC-1169 - An Ordinance of the City of San Bernardino modifying
Chapter 19.22 (Sign Regulations) of the San Bernardino Municipal Code
(Development Code) related to electronic sign requirements for auto
dealerships. FINAL READING (Continued from March 1, 2004)
Council Member/Commissioner Estrada abstained due to campaign funds she
had received from the applicant.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said ordinance be adopted.
Ordinance No. MC-1169 was adopted by the following vote: Ayes: Council
Members/Commissioners McGinnis, Derry, Kelley, Johnson, McCammack.
9 3/15/2004
Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent:
Council Member/Commissioner Longville.
14. RES. 2004-78 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Eberhardt Construction, Inc. for
construction of Verdemont Fire Station No. 232 (GB04-02), per Plan No.
10808A.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2004-78 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner
Longville.
15. RES. 2004-79 - Resolution of the Mayor and Common Council of the City
of San Bernardino naming the Verdemont Fire Station in memory of
former Councilman Jerry M. Devlin.
Council Member/Commissioner Kelley presented a copy of the resolution to
Mr. Devlin's widow, Sherry.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-79 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner
Longville.
16. RES. 2004-70 - Resolution of the City of San Bernardino authorizing the
execution of First Amendment to Cooperative Agreement between the City
of San Bernardino and the San Bernardino Associated Governments
(SANBAG) for the San Bernardino Metrolink Commuter Rail Station and
the San Bernardino Santa Fe Depot Rehabilitation Project, Contract No.
04-040.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted; that
the Director of Finance be authorized to amend the FY 2003-04 budget to
increase the project budget (Account No. 123-558-5504-7178) by $160,000 and
to reflect revenue reimbursement for Santa Fe Depot Rehabilitation by the same
amount as reflected in the "First Amendment to Cooperative Agreement 04-
10 3/15/2004
040" with SANBAG; and that the Director of Development Services be
authorized to execute Change Order No. Six in the amount of $143,983 to
contract with Solpac, Inc., d.b.a. Soltek Pacific for the San Bernardino Historic
Santa Fe Depot Renovation and Restoration Project, per Plan No. 10446.
The motion carried and Resolution No. 2004-70 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/
Commissioner Longville.
17. RES. 2004-71 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to International Pavement
Solutions, Inc. for the landscape medians/Phase I on "E" Street between 2"d
Street and 4th Street (SS04-36) per Plan No. 10454B.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2004-71 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner
Longville.
18. RES. 2004-72 - Resolution of the City of San Bernardino approving a
Services Agreement with Transtech Engineering, Inc. for design of new
signals, modified signals and signal interconnect systems (City funded
project).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted; and
that the Director of Finance be authorized to amend the FY 2003/04 CIP budget
by transferring $20,000 from Account No. 250-370-5504-7336 "TC04-11
Highland Avenue and Guthrie Street Traffic Signal" to Account No. 250-370-
5504-XXXX "TC04-25 Arden Avenue and 20" Street Traffic Signal."
The motion carried and Resolution No. 2004-72 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/
Commissioner Longville.
19, RES. 2004-73 - Resolution of the City of San Bernardino approving a
Services Agreement with Lim & Nascimento Engineering Corporation for
project management of the Mt. Vernon Avenue Viaduct over the BNSF
Railroad.
11 3/15/2004
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2004-73 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner
Longville.
20. Authorize Change Order No. Two - contract with Dalaj International Corp.
- bridge seismic retrofit at four locations and replacement of rail barrier at
Rialto Avenue - Plan No. 10309
Council Member/Commissioner McCammack trade a motion, seconded by
Council Member/Commissioner McGinnis, that the Director of Development
Services be authorized to execute Change Order No. Two to contract with Dalaj
International Corporation in the amount of $99,542.41 for bridge seismic
retrofit at four locations and replacement of rail barrier at Rialto Avenue per
Plan No. 10309.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/ Commissioner Longville.
21. Authorization to proceed - proposed vacation of a portion of Mountain
View Avenue, north of San Bernardino Avenue, south of Riverview Drive -
approve Plan No. 11001
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the Director of Development
Services and the City Clerk be authorized to proceed with the proposed vacation
of a portion of Mountain View Avenue, north of San Bernardino Avenue, south
of Riverview Drive; and that Plan No. 11001 be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/ Commissioner Longville.
22. RES. 2004-74 - Resolution of the City of San Bernardino authorizing and
directing the execution of an Acquisition Agreement with the San
Bernardino County Flood Control District and an Acquisition Agreement
and Right of Entry with BBC Properties, LLC, for certain easements
relative to the State Street storm drain project generally in the vicinity of
the southerly extension of State Street at Base Line Street.
12 3/15/2004
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2004-74 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner
Longville.
23. RES. 2004-80 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute an agreement with
Tom Dodson & Associates to perform Planning and Environmental
Consulting Services.
Council Member/Commissioner Estrada abstained on this matter because she
received campaign contributions from Mr. Dodson.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2004-80 was adopted by the following vote: Ayes: Council
Members/Commissioners McGinnis, Derry, Kelley, Johnson, McCammack.
Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent:
Council Member/Commissioner Longville.
24. RES. 2004-75 - Resolution of the Mayor and Common Council of San
Bernardino authorizing the issuance of a purchase order to Construction
Testing & Engineering, Inc. to perform professional materials testing and
inspection services for the Verdemont Fire Station #232.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted; and
that the Director of Finance be authorized to amend the FY 2003/04 budget to
add the $2.5 million C1EDE loan to fund 211 (Fire Capital & Infrastructure
Costs).
The motion carried and Resolution No. 2004--75 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/
Commissioner Longville.
13 3/15/2004
25. RES. 2004-81 - Resolution of the Mayor and Common Council of San
Bernardino authorizing the Mayor to execute a contract with the County of
San Bernardino and the Boys & Girls Club of San Bernardino to provide
restroom improvements at the Boys & Girls Club using County CDBG
funds.
Council Member/Commissioner Johnson stated he would abstain due to the fact
that he sits on the board of the Boys & Girls Club.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted; and
that the Director of Finance be authorized to amend the FY 2003/04 adopted
budget and increase Account No. 001-321-5706 by $60,000 and the offsetting
revenue account by $60,000 to reflect the County CDBG reimbursement to be
received.
The motion carried and Resolution No. 2004-81 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry,
Kelley, McCammack. Nays: None. Abstentions: Council Member/
Commissioner Johnson. Absent: Council Member/Commissioner Longville.
26. RES. 2004-76 - Resolution of the Mayor and Common Council of San
Bernardino authorizing the Mayor to enter into a contract with the Central
City Company, LLC, to allow use of City owned restroom facilities at
Carousel Mall.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2004-76 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner
Longville.
27. RES. 2004-82 - Resolution of the City of San Bernardino approving a side
letter to Resolution 1999-154, resolution implementing a Memorandum of
Understanding between the City of San Bernardino and employees in the
Fire Safety unit represented by the San Bernardino City Professional
Firefighters, Local 891.
14 3/15/2004
Richard Lewis, President, San Bernardino Professional Firefighters, Local 891,
thanked both the City and Fire negotiating teams, the Mayor and Council, and
Linn Livingston, Director of Human Resources, and her staff for working
together and coming to a win -win solution for everyone.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2004-82 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner
Longville.
28. Reject all bids submitted in response to Bid No. F-04-043 - Landscape
Service at Pioneer Memorial Cemetery - authorize Purchasing Manager to
re -advertise for bids
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the Mayor and Common
Council reject all bids received in response to Bid No. F-04-043 (landscaping
service at Pioneer Cemetery); and authorize the Purchasing Manager to re -
advertise for bids for this service.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner Longville.
29. RES. 2004-83 - Resolution of the City of San Bernardino authorizing the
Mayor of the City of San Bernardino or her designee to apply for and
administer a grant from San Bernardino County Department of Aging and
Adult Services for senior supportive services from the period of July 1, 2004
through June 30, 2005.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2004-83 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner
Longville.
15 3/15/2004
30. RES. 2004-84 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Police Department to apply for and
accept a California Seat Belt Compliance Campaign mini grant extension
from the State of California Office of Traffic Safety in the amount of
$67,944.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2004-84 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner
Longville.
31. Public hearing - receive oral bids and award of bid - sale of City property
located at the northwest corner of Little League Drive and the I-215
frontage road
Mayor/Chairman Valles opened the hearing.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the hearing remain open and the
matter be continued to the Council/Commission meeting of April 5, 2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner Longville.
32. Public hearing - vacation of portion of that certain east/west alley south of
Base Line Street, between Lugo Avenue and Sepulveda Avenue
Note: No backup materials were submitted for this item.
Mayor/Chairman Valles opened the hearing.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing remain open and the matter be
continued to the Council/Commission meeting of April 5, 2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner Longville.
16 3/15/2004
33. 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 for this item.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, 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, McGinnis, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner Longville.
34. Approve form of Mitigation Agreement with perspective developers in the
Verdemont Fire Station Service Area - execution of final form of Mitigation
Agreement with participating developers
Note: No backup materials were submitted for this item.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the matter be continued to the
Council/Commission meeting of April 5, 2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner Longville.
COMMUNITY DEVELOPMENT COMMISSION
R35. Public works improvements - southeasterly and southwesterly corners of
Baseline Street and Mt. Vernon Avenue
RES. 2004-85 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California (1) consenting to the payment of certain
street improvements ("Improvements") within the Northwest and Mt.
Vernon Corridor Redevelopment Project Areas by the Redevelopment
Agency of the City of San Bernardino ("Agency"), (2) making certain
findings with respect to said Improvements, and (3) authorizing the Mayor
to execute a Street Improvement Agreement by and between the City of San
Bernardino ("City") and the Agency. (R35A)
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RES. CDC/2004-7 - A Resolution of the Community Development
Commission of the City of San Bernardino, California authorizing the
Executive Director of the Agency to execute the Street Improvement
Agreement by and between the City of San Bernardino ("City") and the
Agency for the payment and provision of certain street improvements
within the Northwest and Mt. Vernon Corridor Redevelopment Project
Areas. (R35B)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Kelley, that said resolutions A and B, be adopted.
Mayor and Council Resolution No. 2004-85 and Community Development
Commission Resolution No. CDC/2004-7 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: Council Member/
Commissioner Longville.
35. Public Comments
Betty Jean Long, 734 West 10`s Street, San Bernardino, CA, expressed concern
about the condition of 10' Street, west of "G" Street, and the area around T"
Street, Berkeley, and "F" Street.
Scott Ralston, 1364 Camino Real, San Bernardino, CA, expressed concern
about the "R-rated" pictures of babies being displayed by protestors at the
abortion clinic located near Hunts Lane and Hospitality.
Rick Avila of Avila Construction, Inc. spoke regarding alleged corruption in the
City Attorney's Office and the settlement awarded to him by a jury in his recent
lawsuit against the City.
City Attorney Penman responded to Mr. Avila's comments.
S1. ORD. MC-1170 - Urgency Ordinance amending Section 12.80.130 of the
San Bernardino Municipal Code by adding Paragraph "T" thereto
requiring any person skateboarding or inline skating at a City -owned
skateboard park to wear a helmet, elbow pads, and knee pads and declaring
the urgency thereof. URGENCY (S1A)
Ordinance amending Section 12.80.130 of the San Bernardino Municipal
Code by adding Paragraph "T" thereto requiring any person skateboarding
or inline skating at a City -owned skateboard park to wear a helmet, elbow
pads, and knee pads. FIRST READING (SIB)
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Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said urgency ordinance be
adopted; and that said regular ordinance be laid over for final adoption.
The motion carried and Ordinance No. MC-1170 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry,
Kelley, Johnson, McCarnmack. Nays: None. Absent: Council Member/
Commissioner Longville,
37. Adjournment
At 5:32 p.m., the meeting was adjourned to 10:00 a.m., Tuesday, March 30,
2004, in the Management Information Center (MIC), 6' Floor, City Hall, for a
budget workshop. The next joint regular meeting is scheduled for 1:30 p.m.,
Monday, April 5, 2004, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
No. of Items: 38
No. of Hours: 4
RACHEL G. CLARK
City Clerk
By: G
Linda E. Hartzel IV
Deputy City Clerk
19 3/15/2004