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HomeMy WebLinkAbout09-07-2004 MinutesMINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING SEPTEMBER 7, 2004 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Valles at 1:34 p.m., Tuesday, September 7, 2004, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): People v. Highland-Delmann Heights Quality Water Supply Authority, et al. - San Bernardino Superior Court Case No. SCVSS 104572; City of San Bernardino, a Municipal Corporation and the Economic Development Agency for the City of San Bernardino v. Valerie Pope - Ludlam. Edward Neerete. Yolanda Neerete. Michael Beaureeard. Allan Steward, Inc., Steward & Case No. SCVSS 108965; et al. - San Bernardino Superior Court City of Rancho Cucamonga and City of Upland v. Regional Water Quality Control Board - Santa Ana Region and State Water Resources Control Board - San Bernardino Superior Court Case No. RCV 071613; Jaime Alvarez, et al. v. City of San Bernardino, et al. - United States District Court of Appeals for the Ninth Circuit Case No. 03-56086; United States District Court Case No. CV 00-03048-PA; 1 09/07/2004 Le France Hamilton v. City of San Bernardino, et al. - United States District Court Case No. EDCV 00-107-RT (RNBx). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: Redevelopment Agency of the City of San Bernardino v. Allan Steward, Allan Steward, Inc. and A.J. Five Points, L.L.C. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property: 247 W. Third Street Negotiating Parties: Judith Valles, Mayor, on behalf of the Redevelopment Agency, property owners, and Gerry Newcombe, Deputy Administrative Officer, on behalf of the County of San Bernardino Under Negotiation: Purchase price, terms and conditions 2. Property: That parcel consisting of approximately 67.75 acres identified as Parcel 1-2 at the San Bernardino International Airport, and generally bounded by Harry Sheppard Boulevard, Del Rosa Drive, Paul Villasenor Boulevard, and Memorial Drive 2 09/07/2004 Negotiating Parties: Don Rogers on behalf of the Inland Valley Development Agency. David Newsom on behalf of Hillwood/San Bernardino LLC. Bruce Varner on behalf of Stater Bros. Market. James F. Penman on behalf of the City of San Bernardino. Under Negotiation: Mt. Vernon Project Area 3. Property Terms and conditions 522 N. Mt. Vernon Avenue APN 0138-114-10 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Hak Yool Kim and Chang Mo Yang, property owner(s) Under Negotiation: Purchase price, terms and conditions 4. Property: 1316 Spruce Street APN 0138-114-11 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Salvador Perez Llamas, Francisco Torres Guerrero, property owner(s) Under Negotiation: Purchase price, terms and conditions Arden Guthrie Project Area 5. Property: 2105 Dumbarton Avenue APN 1191-021-48 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Petri Ahonen, property owner(s) Under Negotiation: Purchase price, terms and conditions 6. Property: 2073 N. Newcombe Street APN 1191-021-21 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Lydia Mayers, property owner(s) Under Negotiation: Purchase price, terms and conditions 3 09/07/2004 IVDA Project Area 7, Property: 194 East 11' Street APN 0140-082-14 Owner/Seller: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency of the City of San Bernardino, property owner(s) Buyer: Senior Housing Advocate Corporation Uptown Project Area 8. Property: APN 0145-242-32, 0145-242-33 Owner/Seller: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency of the City of San Bernardino, property owner(s) Buyer: San Bernardino City Unified School District ("District") Mercado Santa Fe Project 9. Property: 1140 - 1228 West 2nd Street APN 0138-263-02, 0138-301-01, 0138-301-06, 0138-301-10 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Robert L. Kovats, property owner Under Negotiation: Purchase price, terms and conditions City Attorney Penman announced that the following additional cases would be discussed in closed session: Agenda Item No. S1; Under Agenda Item No. 1A, Existing litigation: City of San Bernardino Municipal Water Department v. Department of the Army - United States District Court Case No. 96-8867 and 96-5205; Under Agenda Item No. 113, Significant exposure to litigation: Agenda Item No. 39 - conflicts regarding the Capital Improvement Program; Under Agenda Item No. 1C, Initiation of litigation: City of San Bernardino Municipal Water Department v. James Jones Company. 4 09/07/2004 Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Reverend Barnabas Laubach of St. Bernardine's Medical Center, followed by the pledge of allegiance, led by Diego Murrillo, a senior from Anderson School. Moment of Silence Mayor/Chairman Valles extended condolences to the families and requested a moment of silence be observed in memory of Marine Corporal Nicanor Alvarez, who was killed in enemy action in Iraq's Al Anbar province; James Hinojosa, Jr., founder of Jimmy's Carnitas Bar-B-Q and Catering Service and a member of the City's Redevelopment Agency; Jack Fitzgerald, Vice Principal of Pacific High School and resident of San Bernardino and Highland for 50 years; Gonzalo Hidalgo, a local resident who worked at Kaiser Steel and more recently at California Steel in Fontana; and Jewell Shelton, dedicated citizen and former employee of the City of San Bernardino and the Redevelopment Agency. Council Member/Commissioner McCammack requested a moment of silence be observed in memory of George Fasana, longtime resident of San Bernardino and Santa Fe Railroad retiree. 2. Appointments - Rikke V. Johnson - Police Ad Hoc Committee - Mayor/Chairman Valles and Jerry A. Moya - Board of Fire Commissioners - Council Member/Commissioner McGinnis Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the appointment of Rikke V. Johnson to the Police Ad Hoc Committee, as requested by Mayor/Chairman Valles, be ratified; and that the appointment of Jerry A. Moya to the Board of Fire Commissioners, as requested by Council Member/Commissioner McGinnis, be approved. The motion carried by the following vote: Estrada, Longville, McGinnis, Derry, None. Absent: None. 3. Presentations & Proclamations Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: Anne Mayer, Caltrans District 8 Director, gave a brief presentation regarding the I-15/Devore Pavement Rehabilitation Project, which will occur on Interstate 15 in the Devore area between Sierra Avenue and the I-215 Junction and will take approximately four weeks, beginning October 3, 2004. 5 09/07/2004 On behalf of the City/County/San Bernardino Community College District Fire Training JPA, Frank Reyes of the San Bernardino Community College District thanked the City Council and particularly Mayor Valles and Fire Chief Larry Pitzer for helping to secure an $8 million grant. A proclamation designating the month of September as Route 66 Rendezvous Month was accepted by Donna Hoffman, Chairman of the San Bernardino Convention and Visitors Bureau Board of Directors, and Hillary Williams, Public Relations Coordinator of the Convention and Visitors Bureau. Certificates of Recognition were presented to members of the "Faith in God Heals Troubled Souls" (F.I.G.H.T.S.) Boxing Ministry. Joan Mulcare, San Bernardino County Vector Control Program Manager, gave a brief update concerning the West Nile Virus. 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council/Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6. Council Minutes Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that the minutes of the following meeting of the Mayor and Common Council/Community Development Commission and the San Bernardino City Housing Authority of the City of San Bernardino be approved as submitted in typewritten form: August 2, 2004. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6 09/07/2004 fll E Claims & Payroll Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated August 25, 2004, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Estrada, Longville, McGinnis, Derry, None. Absent: None. Personnel Actions Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that the personnel actions as submitted by the Chief Examiner dated August 23, 2004 in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried by the following vote Estrada, Longville, McGinnis, Derry, None. Absent: None. Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: 9. RES. 2004-269 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Michael B. Rutberg and the City of San Bernardino for hearing officer and/or administrative law officer services. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that the Mayor and Common Council appoint Michael B. Rutberg as an Administrative Law Officer until August 31, 2006, pursuant to Chapter 9.92 of the San Bernardino Municipal Code; and that said resolution be adopted. The motion carried and Resolution No. 2004-269 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2004-270 - A Resolution of the Mayor and Common Council of the City of San Bernardino designating the Mayor to act on behalf of the City of San Bernardino relative to the Special Landowner Election for CFD No. 1033 and taking related actions thereto. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. 7 09/07/2004 11 Resolution No. 2004-270 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. RES. 2004-284 - Resolution of the Mayor and Common Council of the City of San Bernardino supporting the passage of Measure I - extension of the Half - Cent Sales Tax. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2004-284 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. ORD. MC-1180 - An Ordinance of the City of San Bernardino amending Section 12.80.130(T) of the San Bernardino Municipal Code relating to entering or remaining in a City -owned skateboard park without skating. FINAL READING. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said ordinance be adopted. Ordinance No. MC-1180 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. Review and take action regarding the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire pursuant to Government Code Section 8630 (c)(1) Note: No backup materials were distributed. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that the Mayor and Common Council confirm the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire. The motion carried by the following vote: Estrada, Longville, McGinnis, Derry, None. Absent: None. Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: 8 09/07/2004 14. RES. 2004-271 - Resolution of the City of San Bernardino authorizing purchase orders with Scott Tractor Service, Larry Jacinto Farming, and Inland Empire Property Service for a maximum of $130,000 in the aggregate to perform weed abatement services for Fiscal Year 2004/2005. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2004-271 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2004-272 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution ... designating certain streets, or portions thereof as through highways..." and declaring Pleasant Hill Drive from and including Baldridge Canyon Drive to Palm Avenue a through highway. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2004-272 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. RES. 2004-273 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Tract No. 16709 located on the east side of Commercenter East Drive at Airport Drive. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2004-273 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. Authorization to proceed - formation of Landscape Maintenance Assessment District - Palm Avenue and Verdemont Drive area (Tract No. 14352) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment District in the Palm Avenue and Irvington Drive area (Tract No. 14352), to be known as Assessment District No. 1032. 9 09/07/2004 The motion carried by the following vote: Estrada, Longville, McGinnis, Derry, None. Absent: None. Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: 18. Authorization to proceed - formation of Landscape Maintenance Assessment District - Belmont Avenue and Magnolia Avenue area (Tract No. 13630) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment District in the Belmont Avenue and Magnolia Avenue area (Tract No. 13630), to be known as Assessment District No. 1037. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. ORD. MC-1181 - An Ordinance of the City of San Bernardino amending Chapter 19.70 (Temporary Use Permits) of the San Bernardino Municipal Code (Development Code) related to activities on City -owned property and City - sponsored activities. FINAL READING. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said ordinance be adopted. Ordinance No. MC-1181 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. ORD. MC-1183 - Ordinance of the Mayor and Common Council of the City of San Bernardino adopting the 2004 Eminent Domain Amendment to the Redevelopment Plan for the Uptown Redevelopment Project. FINAL READING. Council Member/Commissioner McCammack abstained on this matter because she owns property in the Uptown Redevelopment Project Area. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Derry, that said ordinance be adopted. Ordinance No. MC-1183 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. 10 09/07/2004 21. ORD. MC-1182 - Ordinance of the Mayor and Common Council of the City of San Bernardino adopting the 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project. FINAL READING. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said ordinance be adopted. Ordinance No. MC-1182 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2004-285 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a contract with and issuance of a purchase order to Cabral Roofing & Waterproofing Corp. in the amount of $106,017, and to SCR Group, Inc. DBA Southern California Roofing Company in the amount of $282,000, for the implementation of the City of San Bernardino re -roof at various sites project per RFQ F-05-011. Council Member/Commissioner Johnson abstained on this matter because he serves on the Board of Directors of the Boys and Girls Club, one of the facilities being considered for roof restoration. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 04-05 budget and include the loan proceeds of $238,800 and expenditure of those proceeds in Account Nos. 001- 325-5706 (Alterations & Renovations) and 001-000-6453 (Loan Proceeds). The motion carried and Resolution No. 2004-285 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, McCammack. Nays: None. Abstentions: Council Member/Commissioner Johnson. Absent: None. 23. Authorize Change Order No. One to contract with Eberhardt Construction, Inc. - removal of unforeseen site conditions at Fire Station #232 - Plan No. 10808A Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that the Purchasing Manager be authorized to execute Change Order No. One to the contract with Eberhardt Construction, Inc. for removal of unforeseen site conditions at Fire Station #232 in the amount of $22,892.66. 11 09/07/2004 The motion carried by the following vote Estrada, Longville, McGinnis, Derry, None. Absent: None. 24. Item deleted. Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: 25. RES. 2004-274 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of a grant application to the Department of Homeland Security Federal Emergency Management Agency for Fiscal Year 2004 Metropolitan Medical Response System (MMRS). Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2004-274 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. RES. 2004-286 - Resolution of the Mayor and Common Council of the City of San Bernardino supporting the California Route 66 Marathon. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-286 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. RES. 2004-275 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Attorney's Office to provide legal advice to Old Waterman Canyon Fire victims and/or property owners within the City's limited Sphere of Influence and declaring the City to be self -insured from August 26, 2004 until the effective policy date of the lawyers professional liability insurance for professional liability claims, lawsuits and/or judgments, etc. arising from the legal advice given to said victims and/or property owners whose property was damaged or destroyed in said Old Waterman Canyon Fire. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2004-275 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12 09/07/2004 28. RES. 2004-276 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute Amendment No. 2 to contract 02-1166 with the County of San Bernardino to provide youth mentoring services for the period of July 1, 2004 through June 30, 2005. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2004-276 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29. RES. 2004-277 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain City records of the Parks, Recreation and Community Services Department. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2004-277 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 30. Set study session - September 20, 2004 - 5:00 p.m. - Economic Development Agency Boardroom - presentation of the Police Department's rive -year Strategic Plan Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that a study session be set for Monday, October 18, 2004, at 5:00 p.m. in the Economic Development Agency Boardroom to hear a presentation of the Police Department's Five -Year Strategic Plan. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 31. RES. 2004-278 - Resolution of the City of San Bernardino authorizing the execution of an Agreement to employ Robert Curtis on a part-time basis for a one-year period. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. 13 09/07/2004 Resolution No. 2004-278 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 32. RES. 2004-279 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of annual agreements with the County of San Bernardino to provide user access into the National Law Enforcement Telecommunication System (NLETS), the California Law Enforcement Telecommunications (CLETS), and the Sheriffs Central Name Index (CNI). Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2004-279 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 33. RES. 2004-280 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order, with three (3) single year renewal options, to West Coast Arborists, Inc. for providing tree trimming services throughout the City. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2004-280 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 34. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Robertson's Ready Mix, Ltd., for purchase of low permeability material for landfill cover repair materials of the former Waterman Landfill Staff requested that this matter be continued for two weeks. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/Commission meeting of September 20, 2004. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14 09/07/2004 35. RES. 2004-281 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Filter Supply Company for furnishing and the installation of diesel particulate filter systems for eight refuse trucks. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2004-281 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 36. RES. 2004-282 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to the annual purchase orders to Burrtec Waste Industries, Inc. and/or Inland Regional Material Recovery to provide for green waste processing. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2004-282 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 37. RES. 2004-283 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the City of San Bernardino Municipal Water Department Investment Policy for the proceeds received from the settlement of State of California, on behalf of the Department of Toxic Substances Control v. United States Department of the Army, et al., United States District Court Case No. CV 96-5205(MRP) consolidated with City of San Bernardino Municipal Water Department v. United States Department of the Army, United States District Court Case No. CV 96-8867(MRP). Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2004-283 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 38. RES. 2004-287 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Police Department to apply for and accept a Driving Under the Influence (DUI) Mini Grant from the State of California Office of Traffic Safety in the amount of $47,648. 15 09/07/2004 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2004-287 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 39. RES. 2004-288 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting the 2004/2005 through 2008/2009 Capital Improvement Program. (Continued from August 16, 2004) City Attorney Penman announced the following abstentions on the following Streets/Street Lighting Capital Improvement Program (CIP) Projects: Mayor/Chairman Valles - SS 05-04; Council Member/Commissioner McGinnis - SS O4-51; Council Member/Commissioner Longville - SS O4-133; Council Member/Commissioner McCammack - SS O4-161 and SS 05-19. Mr. Penman announced the following abstentions on the following CIP Projects due to either being within 500 feet of the property owned by the elected official or due to a business conflict: Mayor/Chairman Valles - SD 04-06 (Storm Drains) Council Member/Commissioner McCammack - TC 04-21 (Traffic Controls). Mayor/Chairman Valles and Council Members/Commissioners Longville, McGinnis, and McCammack left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Derry assumed the duties of Mayor Pro Tem. Paul Sanborn, 3559 Genevieve, San Bernardino, CA, stated that he would like to see the City enter into a joint venture with the State of California to rebuild the auditorium at the Orange Show and perhaps name it the Derek Parra Pavilion. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that Exhibit "B" of the Capital Improvement Program (CIP) be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Members/Commissioners Longville, McGinnis, McCammack. Absent: None. 16 09/07/2004 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the balance of the CIP be approved and said resolution be adopted. The motion carried and Resolution No. 2004-288 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 40. RES. 2004-289 - Resolution of the Mayor and Common Council of the City of San Bernardino amending Section 7.1 of Resolution No. 94-46 relating to time limitations of an appellant or a named party, and other speakers, on the same agenda item. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-289 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 41. RES. 2004-290 - Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution No. 2000-279, Procedural Rules for meetings of Mayor and Common Council, relative to administering oath for those giving testimony at meetings of the Mayor and Common Council/Community Development Commission. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-290 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: Council Member/Commissioner Longville. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff Present Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. 17 09/07/2004 R42. RES. CDC/2004-33 - A Resolution of the Community Development Commission of the City of San Bernardino ("Commission") designating the Commission Chairperson to act on behalf of the Commission relative to the Special Landowner Election for Mello -Roos Community Facility District (CFD) No. 1033 and taking related actions thereto (Verdemont Fire Station). Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. CDC/2004-33 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson, McCammack. Nays: Council Member/Commissioner McGinnis. Absent: None. R43. Proposal to provide a CDBG float loan to the Totally Kids Inc. project Gary Van Osdel, Economic Development Agency Executive Director, stated that the City does not have the ability to draw down CDBG funds in this fiscal year to develop the capacity to do a float loan. He indicated that they are currently looking into the "Grow San Bernardino Loan Program," and requested that the matter be tabled. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the matter be tabled. The motion carried by the following vote: Estrada, Longville, McGinnis, Derry, None. Absent: None. 44. Public Comments Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: Paul Sanborn, 3559 Genevieve, San Bernardino, CA, stated that he would like to see the City add an additional 1/4 cent onto the sales tax in order to hire someone to take homeless people off the streets and help them find jobs. Mr. Sanborn also stated that he would like the City to put a moratorium on residential building because of the shortage of police officers and because many fire hydrants are not up to code. Council Member/Commissioner Derry stated that a new housing development under construction in the Fourth Ward was required to install additional tanks that would increase the water pressure for that entire area, which will improve the fire safety. He stated that the water problems were not occurring in the newer areas, but were occurring in the older, established areas. 18 09/07/2004 Rick Avila, Avila Construction, 4022 North " P Street, San Bernardino, CA, spoke regarding the corruption in the City Attorney's Office and the exorbitant amount of money the City is spending on the appeal of his lawsuit. Robert Medina, 1539 W. 17' Street, San Bernardino, CA, stated that the street striping on Highland between Western and Mt. Vernon is becoming a serious problem that needs to be addressed. NB 1. Designation of voting delegate - 2004 League of California Cities Annual Conference - September 17-19, 2004, in Long Beach, California Note: No backup materials were distributed. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the matter, which arose subsequent to the posting of the agenda, be considered. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Kelley, that Council Member/Commissioner McCammack be designated as the City's voting representative for the League of California Cities Annual Conference to be held on September 17-19, 2004, in Long Beach, California. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. S1. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a License/Letter Agreement with the Burlington Northern and Santa Fe Railway Company concerning the Mt. Vernon bridge. Note: No backup materials were distributed. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the Council/Commission meeting of September 20, 2004. The motion carried by the following vote Estrada, Longville, McGinnis, Derry, None. Absent: None. Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: 19 09/07/2004 45. Adjournment At 4:54 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, September 20, 2004, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 47 No. of Hours: 3.5 RACHEL G. CLARK City Clerk Linda Sutherland Deputy City Clerk 20 09/07/2004