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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) 17 3/15/2004 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) 18 3/15/2004 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