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HomeMy WebLinkAbout03-21-2005 MinutesSan Mayor Judith Valles CITY OF SAN BERNARDINO Council Members: Esther Estrada 300 N. `D "Street Susan Longville San Bernardino, CA 92418 Gordon McGinnis Neil Derry Website: www.sbcity.org Chas Kelley Rikke Van Johnson Wendy McCammack MiNi 1TF.S MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MARCH 21, 2005 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., Monday, March 21, 2005, 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, Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members/Commissioners Longville, McGinnis, Kelley. Council Member/Cornmissioner Longville Arrived At 1:52 p.m., Council Member/Commissioner Longville arrived at the Council/ Commission meeting. Council Member/Commissioner Kelley Arrived At 1:55 p.m., Council Member/Commissioner Kelley 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): 03/21/2005 Kiranjeet K. Uppal v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 121867; Candice Dick v. City of San Bernardino - United States District Court Case No. EDCV 02-158 VAP (SGLx); Donna Atabey, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 108780; Cuong, Ngo v. June Ann Dint, et al. - San Bernardino Superior Court Case No. SCVSS 124013; Raul Velasco v. Serene Wright, et al. - San Bernardino Superior Court Case No. SCVSS 113169. 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: San Bernardino City Professional Firefighters Local No. 891 v. City of San Bernardino, Larry Pitzer, et al. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Negotiator: Linn Livingston, Human Resources Director Employee Organization General Unit G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property: 247 W. Third Street 2 03/21/2005 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 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. Markets. James F. Penman on behalf of the City of San Bernardino Under Negotiation: Terms and conditions Uptown Redevelopment Project Area 3. Property: APN 0145-242-32 and APN 0145-242-33 Owner/Seller: Mayor Judith Valles, on behalf of the Redevelopment Agency of the City of San Bernardino, property owner(s) Buyer: San Bernardino City Unified School District ("District") Central City North Redevelopment Project Area 4. Property Address: 640 Crescent Avenue APN 0134-013-18 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, purchasers, and Creative Housing Solutions, property owners 3 03/21/2005 Under Negotiation: Purchase price, terms, and conditions Uptown Redevelopment Project Area 5. Property Address: 756 W. 8' Street APN 0140-192-20 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, property owners, and Creative Housing Solutions, purchasers Under Negotiation: Purchase price, terms, and conditions City Attorney Penman announced that the following cases would be discussed in closed session: Manta Management, Inc. v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 18157; Leroy J. Dupper v. City of San Bernardino - United States District Court Case No. EDCV 05-00231 DSF (JWJ); Tom Gronewald, et. al. v. City of San Bernardino, et. al. - San Bernardino Superior Court Case No. SCVSS 114580; Under Agenda Item 1B, Significant Exposure to Litigation: Agenda Item No. 23; Potential planning lawsuits; A labor matter; and Owners of the Ice House v. Closed Session Announcement City of San Bernardino and related matters. City Clerk Clark announced that during closed session a motion was made by Council Member/Commissioner Kelley, seconded by Council Member/Commissioner Derry, to approve a settlement of $1.25 million in the case of Kiranjeet K. Uppal v. City of San Bernardino. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 4 03/21/2005 Council Member/Commissioner McGinnis Arrived At 3 p.m., Council Member/Commissioner McGinnis arrived at the Council/Commission meeting. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland 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 Father Patricio Guillen of the Libreria Del Pueblo of San Bernardino, followed by the pledge of allegiance, led by Ramone Diaz from Bradley Elementary School. Moment of Silence Mayor/Chairman Valles expressed condolences to the families and requested a moment of silence in memory of Mrs. Vena M. Skipper, mother of local prominent attorney, Ron Skipper; Roy Glover, who worked as a fireman for 32 years and was the City's oldest living firefighter; John Ramos, who retired from the City's Refuse Division after 34 years of service; Manuel Quevedo, Jr., who retired from the City's Police Department as a juvenile detective; and Robert "Rocky" Riojas, who came to work for the City 17 years ago in the Water Department and transferred to the Code Compliance Department almost five years ago where he worked until his passing. 2. Appointment - Roger Powell - Planning Commission - Council Member/Commissioner Longville Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Estrada, that the appointment of Roger Powell to the Planning Commission, as requested by Council Member/Commissioner Longville, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 3. Proclamations & Presentations A proclamation was presented to Mike Austin, Chili Cook -off Chairman, recognizing him for his hard work in coordinating the City of San Bernardino's 32nd Annual California State Championship Chili Cook -off, and designating May 7, 2005, as the opening day of this event. June Durr, Public Information Officer, Mayor's Office, read a proclamation celebrating the 31" Anniversary of the Community Development Block Grant 5 03/21/2005 is Program and declaring the week of March 28, 2005 through April 3, 2005, as "National Community Development Week 2005." The Employee Recognition Award for 2004 was presented to Linda Adams, Library Technician I, commending her for her professionalism, initiative and enthusiasm. The 2004, Together We Can Award was presented to the employees of the Fleet Division of the Public Services Department for their certification as a Model Pollution Prevention Repair Facility, which earned them the "Green Shop" award in 2004. A proclamation declaring the month of March 2005, as "Women's History Month" was accepted by Wendy Cunningham, Chairwoman, and Olivia Partida, Co - chairwoman, of the 2005 Women of Achievement Committee. A proclamation declaring the month of March 2005, as "National Colon Cancer Awareness Month" was accepted by Sandy Bradley, Director of Community Services for the Inland Empire Area American Cancer Society. June Durr, Public Information Officer, Mayor's Office, read the names of the following individuals who were presented a service pin award by Mayor/Chairman Valles in recognition of their many years of dedicated service to the City: Name Department Years of Service Suzanne Bryant City Attorney 5 Bonnie Greenleaf -Rank City Attorney 15 Michael Stanley City Clerk 20 Katheryn Whittaker Development Services 25 Debra Bemben Library 10 Glenda Martin Parks, Recreation & 25 Community Services Sean McClintock Parks, Recreation & 5 Community Services Walter Goggin Police Department 25 Tony Gorrell Police Department 15 Elizabeth Mulleavey Police Department 25 Robert Young Police Department 10 Daryl Zoulko Police Department 30 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. 6 03/21/2005 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, 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, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6. Council Minutes Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, 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 22, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7. Claims & Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated March 15, 2005, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the personnel actions, as submitted by the Chief Examiner, dated March 16, 2005, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7 03/21/2005 9. RES. 2005-66 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of Settlement Agreement and Full Release of All Claims between the City of San Bernardino and the County of San Bernardino relating to disputed Criminal Justice Administrative Fees. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-66 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2005-60 - Resolution of the Mayor and Common Council of the City of San Bernardino supporting full Federal funding of the Community Development Block Grant Program. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-60 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. ORD. MC-1192 - An Ordinance of the City of San Bernardino adding Chapter 8.35 to Title 8 of the San Bernardino Municipal Code, establishing that any vehicle used to solicit an act of prostitution or to acquire or attempt to acquire a controlled substance is a nuisance subject to seizure and impoundment. FINAL READING. (Continued from March 7, 2005) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance be adopted. Ordinance No. MC-1192 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. 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. 8 03/21/2005 Council Member/Commissioner Johnson 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, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2005-61 - Resolution of the Mayor and Common Council of the City of San Bernardino reciting the facts of the Special Municipal Election held on the 2nd day of November 2004 and directing the City Clerk to file a certified copy of the newly -adopted City Charter with the Secretary of State and the County Recorder. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-61 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. Authorize the Director of Development Services to execute Change Order No. One to contract with Kalban Construction, Inc., for the construction of ADA access ramps and sidewalk at various locations Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. One in the amount of $54,610 to contract with Kalban Construction, Inc., for the construction of ADA access ramps and sidewalk at various locations (Phase VI), per Plan No. 1099213. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2005-62 - Resolution of the City of San Bernardino approving Amendment No. 1 to Common Use Agreement between the City of San Bernardino and the BNSF Railway Company for a signal house in Base Line Street. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 9 03/21/2005 Resolution No. 2005-62 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. RES. 2005-67 - Resolution of the City of San Bernardino authorizing execution of a Lease with the Union Pacific Railroad Company for a hike -and - bike trail, beautification and purposes incidental thereto on Union Pacific Railroad Company property along Inland Center Drive. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-67 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. Set joint public hearing with the San Bernardino Valley Municipal Water District for Monday, April 25, 2005, at 6:30 p.m. in the Council Chambers to consider the North Lake Area and South Lake Area Projects Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council set a joint public hearing with the San Bernardino Valley Municipal Water District for Monday, April 25, 2005, at 6:30 p.m. in the Council Chambers to consider the North Lake Area and South Lake Area Projects. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2005-63 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting the City of San Bernardino's Hazard Mitigation Plan. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-63 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10 03/21/2005 19. RES. 2005-64 - Resolution authorizing the Mayor of the City of San Bernardino or her designee to submit an application to the County of San Bernardino Preschool Services to provide delegation of activities services for the Head Start/State Preschool Program at the Delmann Heights Community Center. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-64 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2005-65 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement between the City of San Bernardino and California State University, San Bernardino providing for the University's use of Fiscalini Field. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-65 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. An Ordinance of the City of San Bernardino amending Section 8.24.010 of the San Bernardino Municipal Code, definitions regarding dumping, and Section 8.24.080 of the San Bernardino Municipal Code, regarding dumping garbage, rubbish, recyclable discards, or greenwaste on another's property. FIRST READING Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11 03/21/2005 22. An Ordinance of the City of San Bernardino amending Section 8.15.020 of the San Bernardino Municipal Code, definitions regarding litter, and Section 8.15.170(B) of the San Bernardino Municipal Code regarding enforcement. FIRST READING Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. Authorize funding — positions of Assistant City Attorney and Legal Secretary I for — City Attorney's Office Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council: Fund the position of Legal Secretary I, Range 3380, $2,954-$3,591 per month; Fund the position of Assistant City Attorney, Range 4601, $8,894-$10,811 per month; Authorize the Human Resources Department to update Resolution No. 6413 to reflect this action; and Authorize the Director of Finance to amend the City Attorney's Office FY 2004/05 adopted budget by transferring $40,162 from Account No. 001-092-5XXX, General Government Unreserved/Undesignated fund balance, to Account No. 001- 051-5XXX (Salaries/Perm/Full-Time). The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. Reorganize the Purchasing Division of the Finance Department and reclassify the position of Accounting Technician II (Confidential) in the Finance Department to Accountant, and adjust the range for the Accountant III position Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council: 12 03/21/2005 25. Downgrade the position of Purchasing Manager (Range 4515, $5,792-$7,040 per month) to Administrative Services Manager (Range 4466, $4,536-$5,514 per month); Reclassify the position of Assistant Buyer (Range 1373, $2,853-$3,467 per month) to Buyer (Range 2426, $3,716-$4,516 per month); Reclassify the position of Accounting Technician II (Confidential) (Range 3412, $3,465-$4,212 per month) to Accountant (Range 3454, $4,273-$5,193 per month); Adjust the salary range for the position of Accountant III from Range 2445 ($4,085-$4,965 per month)to Range 2465 ($4,513-$5,486 per month); and Authorize the Human Resources Department to update Resolution No. 6413 as needed to reflect this reclassification. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Reclassify the positions of Risk Management Coordinator and Liability Claims Adjuster - salary amendment/bargaining unit change Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council: Reclassify the position of Risk Management Coordinator (Range 2489, $5,087- $6,184 per month) to Risk Manager (Range 4489, $5,087-$6,184 per month); Reclassify the position of Liability Claims Adjuster (Range 1444, $4,065-$4,491 per month) to Risk Management Specialist (Range 1444, $4,065-$4,941 per month); Adjust the salary range for the position of Workers' Compensation Manager from Range 4486 ($5,012-$6,092 per month) to Range 4489 ($5,087-$6,184 per month); Adjust the salary range for the position of Human Resources Supervisor from Range 3474 ($4,721-$5,738 per month) to Range 4474 ($4,721-$5,738 per month); and Authorize the Human Resources Department to update Resolution No. 6413 to reflect this action. 13 03/21/2005 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. Establish the position of Administrative Operations Supervisor in the Refuse Division of the Public Services Department Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council establish the position of Administrative Operations Supervisor, Range 2441, $4,004-$4,867 per month in the Refuse Division; leave vacant the position of Environmental Project Assistant, Range 1372, $2,838-$3,450 per month; and authorize the Human Resources Department to update Resolution No. 97-244 to reflect this action. The motion carried by the following vote: Commissioners Estrada, Longville, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Council Members/ Derry, Kelley, Johnson, 27. RES. 2005-68 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a grant application for additional South Coast Air Quality funds in the amount of $164,861 for the construction of the East Valley LCNG regional fueling station, and authorizing the Director of Development Services to administer the grant. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-68 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28. RES. 2005-69 - Resolution of the City of San Bernardino authorizing the obligation and expenditure of the allocated FY 05/06 Justice Assistance Grant (JAG) Funds and authorizing the signing of a JAG Multi -Jurisdiction Memorandum of Understanding with the County of San Bernardino. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-69 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14 03/21/2005 29. Approve the recommendations to the Mayor and Common Council by the Fire Department Response Standards Ad Hoc Committee Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the recommendations to the Mayor and Common Council by the Fire Department Response Standards Ad Hoc Committee be approved subject to funding availability. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 30. Public hearing - resolution imposing liens on property located within the City for uncollected business registration fees RES. 2005-70 - Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. Mayor/Chairman Valles opened the hearing. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: William Kemp, 2185 E. Jane Street, San Bernardino, CA, stated that he received a lien notice from the City Clerk's Office, but he noted that he had quit the business in September because of an injury. City Clerk Clark directed Mr. Kemp to the City Clerk's Office, and she indicated that the above property would be removed from the list. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A, which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 2005-70 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 31. Public bearing - resolution ordering work - Orange Show Road and Arrowhead Avenue Landscape Maintenance Assessment District No. 1038 (Parcel No. 16222) (Continued from March 7, 2005) 15 03/21/2005 Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots representing at least fifty percent (50%) affirmative votes for the proposed assessment have been received and that the public convenience and necessity require the maintenance of landscaping in the area of Orange Show Road and Arrowhead Avenue, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1038 ordering the work, confirming the 2005-2006 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. The hearing remained open. 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 4, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 32. Public Comments Reverend Betty J. Long, 734 W. 10' Street, San Bernardino, CA, spoke regarding the condition of the sidewalks on "F" Street. Dr. Deanna Adams, 1156 N. "F" Street, San Bernardino, CA, spoke in opposition to the Lakes and Streams project. 33. Adjournment At 4:43 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, April 4, 2005, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 33 No. of Hours: 3 RACHEL G. CLARK City Clerk By .if a) ) Linda Sutherland Deputy City Clerk 16 03/21/2005