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HomeMy WebLinkAbout05-03-2004 MinutesMINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 3, 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 1:39 p.m., Monday, May 3, 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, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member/Commissioner Longville. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Shirley Allen, an individual v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 102087; Ruby Howard v. City of San Bernardino, Redevelopment Agency of the City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 95713; David M. Sanborn, dba D. M. Sanborn Pipeline Contractor v. Avila Construction, Inc. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 078410 consolidated with Avila Construction, Inc. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 084862 and Avila Construction v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 091020. 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. 1 05/03/2004 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: Appointment: City Engineer 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: APN 0261-171-06 Northwest corner of Little League Drive and I- 215 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Fred Wilson, City Administrator, City of San Bernardino, property owner Under Negotiation: Purchase price, terms and conditions 2. Property: APN 0135-191-11 & 15 4' and Waterman Avenue Negotiating Parties: Gary Van Osdel, Executive Director on behalf of the Redevelopment Agency, Fred Wilson, City Administrator, on behalf of City of San Bernardino, property owner and Jian Tokan, ICO Investment Group, Inc. Under Negotiation: Purchase price, terms and conditions City Attorney Penman announced that the following additional case would be discussed in closed session: Stephen Peach v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 102027. 2 05/03/2004 City Clerk Clark announced that during closed session a motion was made by Council Member/Commissioner Estrada, seconded by Council Member/ Commissioner McGinnis, unanimously approving the hiring of Mark Lancaster as City Engineer, starting at Step 2, $8,796 per month, advancing in six (6) months upon satisfactory performance to Step 3, $9,236 per month, effective July 1, 2004. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, to ratify the above action. The motion carried by the following vote: Aye.>: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 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 Sister Marita Beumer of St. Bernardine's Church, followed by the pledge of allegiance, led by Jacob Carrio and Jennifer Roman, fifth grade students from Bradley Elementary School. Moment of Silence Mayor/Chairman Valles extended condolences to the family and requested a moment of silence be observed in remembrance of Valerie Jean Woodward Turner, wife of Reverend Raymond Turner, pastor of Temple Missionary Baptist Church. 2. Appointments There were no commission appointments. 3. Presentations & Proclamations A proclamation designating the month of May 2004 as "Law Enforcement Month" was accepted by Jim Deskus, Treasurer for the San Bernardino Chamber of Commerce. A proclamation designating June 19, 2004, and every third Saturday of June thereafter, as "Juneteenth Day," marking the end of slavery, was accepted by Pastor Stephen Vines. A proclamation designating May 8-16, 2004, as "National Tourism Week" was accepted by Hillary Williams of the San Bernardino Convention and Visitors Bureau. 3 05/03/2004 A proclamation designating May 2-8, 2004, as "Mining Awareness Week" was accepted by Council Member/Commissioner Kelley. 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 McCammack made a motion, seconded by Council Member/Commissioner Estrada, 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. 6. Claims & Payroll Council Member/Commissioner McCammack 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 April 22, 2004, from Barbara Pachon, Director of Finance, 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. 7. Personnel Actions Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the personnel actions as submitted by the Chief Examiner dated April 28, 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. 4 05/03/2004 8. ORD. MC-1172 - An Ordinance of the City of San Bernardino amending Section 5.76.200 of the San Bernardino Municipal Code relating to taxicab rates. FINAL READING. (Continued from April 19, 2004) Council Member/Commissioner McCammack abstained on this item because one of the cab companies is a business client. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said ordinance be adopted. Ordinance No. MC-1172 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: Council Member/Commissioner Longville. 9. RES. 2004-111 - Resolution of the City of San Bernardino approving Amendment No. 2 to the Services Agreement with Transtech Engineers, Inc. for construction management, plan review and inspection services for the renovation of the City's Historic Depot Project. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2003-04 budget to transfer $135,000 in 1/2 Cent Sales Tax Funds from Account No. 129-367-5504-7302 "SSO4- 30 Hospitality Lane Signal Modification & Street Improvement & TC04-15 Hospitality Lane and Carnegie Drive/I-215 Ramps, Install Dual -Turn Lanes" to Account No. 129-367-5504-7178 "GB04-01 Restoration of San Bernardino Santa Fe Depot. " The motion carried and Resolution No. 2004-111 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 10. RES. 2004-112 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and approving the borrowing of funds for Fiscal Year 2004-2005; the issuance and sale of a 2004-2005 Tax and Revenue Anticipation Note therefor and participation in the California Communities Cash Flow Financing Program. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 5 05/03/2004 Resolution No. 2004-112 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 11. RES. 2004-117 - Resolution of the Mayor and Common Council of City of San Bernardino authorizing the Mayor or her designee to execute Amendment No. 1 to the Agreement for Consultant Services between the City and the San Bernardino Unified City School District for the CAPS Program. City Attorney Penman abstained on this item because his wife is a member of the City School Board. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-117 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 12. RES. 2004-113 - Resolution of the Mayor and Common Council of City of San Bernardino authorizing the Mayor or her designee to execute Amendment No. 6 to the Senior Nutrition Contract No. 01-687 between the City of San Bernardino and the County of San Bernardino Department of Aging and Adult Services for Senior Nutrition Services through June 30, 2004. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2004-113 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGirmis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 13. RES. 2004-114 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Renewal Agreement with California Bureau of Narcotic Enforcement to form a Clandestine Laboratory Task Force to investigate and prosecute criminal cases involving the illegal manufacturing of controlled substances. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2004-114 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 6 05/03/2004 14. RES. 2004-118 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to an annual purchase order, with two single year renewal options, to Matich Corporation to supply materials for roadway pavement repairs. City Attorney Penman abstained on this item because of campaign contributions he has received from the Matich Corporation. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-118 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. Note: Due to the fact that the recommended motion contained budget language that was inadvertently omitted, the matter was reconsidered at the Council/Commission meeting of May 17. 2004. 15. RES. 2004-115 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Fairview Ford for seventeen (17) Year 2004 Ford Crown Victoria Police Interceptors; and authorizing the Purchasing Manager to solicit lease -purchase rate quotes and award a lease -purchase to the lowest responsible leasing company. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2004-115 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. 2004-116 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order to Bryan A. Stirrat & Associates to design and construct a landfill gas collection and treatment system and improvements to the landfill cover system. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2004-116 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 7 05/03/2004 17. Request from Mayor's Youth Council for a waiver of fees and reimbursement for the cost of event timers and sanctioning in connection with the "Run the Route" Mayor's run on Route 66 event - May 16, 2004 - Arrowhead Credit Union Park and along the streets of downtown San Bernardino Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that indirect funding in the amount of $3,800 be transferred from the FY 2003-04 Civic and Promotion fund to various City departmental accounts as listed in the staff report dated April 1, 2004, from Mayor Judith Valles; that a waiver of fees and use of City personnel and equipment be authorized; and that authorization be given to reimburse the Mayor's account for the cost of timers and sanctioning, to assist in the "Run the Route" Mayor's run to be held on May 16, 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. 18. Authorize implementation of Building and Planning staffing level augmentation Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that staff be authorized to implement augmentation of Building and Planning staffing levels as outlined in the staff report dated April 28, 2004, from James Funk, Director of Development Services; and That one additional Assistant Planner position, Salary Range 1430 ($3,791-$4,607) be added; and That the salary range for Associate Planner be increased from Salary Range 1449 ($4,167-$5,065)to Salary Range 1461 ($4,424-$5,378); and That the Director of Finance be authorized to amend the FY 2003/2004 budget by moving salary and benefits savings in the amount of $17,000 from Division 190, as per the staff report dated April 28, 2004, from James Funk, Director of Development Services, to cover the FY 2003/2004 implementation cost for staffing augmentation; and That the Human Resources Department be directed to update Salary Resolution No. 6413, Section 10, to reflect these changes. The motions carried by the following vote: Ayes: Council Members/ Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 8 05/03/2004 19. RES. 2004-119 - Resolution of the City of San Bernardino approving Services Agreement with Willdan Associates for provision of professional building plan review services for rebuild of residences/structures damaged or destroyed in the "Old Fire." Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted; and that the Mayor and Common Council authorize the Director of Finance to amend the FY 2003-04 Development Services Department budget by moving salary and benefits savings in the cumulative amount of $129,500 from Divisions 183, 185, 191, and 192 as per the staff report dated April 27, 2004, from James Funk, Director of Development Services, into Account No. 001-192-5502-0000 to cover the purchase order with Willdan Associates in the amount of $129,500. The motion carried and Resolution No. 2004-119 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 20. RES. 2004-120 - Resolution of the City of San Bernardino approving Services Agreements with Willdan Associates, Esgil Corporation, and California Code Check for provision of Professional Plan Check Services. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2004-120 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCatmnack. Nays: None. Absent: Council Member/Commissioner Longville. 21. RES. 2004-121 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying participation in the FY 2004 State Homeland Security Grant Program submitted by the San Bernardino County Fire Department, Office of Emergency Services. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2004-121 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 9 05/03/2004 22. RES. 2004-122 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a grant application by the Director of Parks, Recreation and Community Services for Title III-B Grant Application through the County of San Bernardino Department of Adult and Aging Services (DAAS) for Assisted Transportation for the Senior Companion Program for the period of July 1, 2004 through June 30, 2005. Council Member/Commissioner McCammack rnade a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2004-122 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 23. Public hearing - review Sewer Rate Study 2003 and adopt resolution RES. 2004-124 - Resolution of the City of San Bernardino fixing and establishing charges for services and facilities furnished by the City sewerage collection and treatment system located inside and outside the incorporated territory of the City; and repealing Resolutions 96-347 and 98-12. David Erickson, Director of Administration and Finance for the Water Department, stated that the last increase of the sewer rates took place in January of 1994, followed by a small rate decrease in April of 1995. He stated that the current rate increase for the sewer treatment system is $1.25 per month for residential customers to cover increases due to rising labor costs and step increases over the past ten years, electricity costs and sludge removal and hauling costs. Mr. Erickson stated that increases in collection system costs are the result of increases in operating and maintenance costs, the addition of a truck and crew to maintain system growth and reduce sewer overflows, increased videotaping of the sewer lines, increased regulatory requirements, and repairs to sewer manholes and the aging sewer lines. He stated that the rate on the residential side for the collection system shall increase from $1.35 to $3.45 per month. Mr. Erickson stated that the average bill for a residential customer including water, sewer, refuse and storm drain would increase from $56.63 to $59.98, which is an increase of $3.35, or about 6 percent of the total bill. He stated that the average cost for sewer service in San Bernardino County is $20.78, and with this proposed increase, a City residential customer will pay $17.95. Mayor/Chairman Valles opened the hearing. No public comments were received. 10 05/03/2004 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2004-124 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 24. Public hearing and resolution ordering vacation of alleys RES. 2004-125 - Resolution of the City of San Bernardino ordering the vacation of a portion of the alley between Acacia Avenue and "E" Street, south of 13' Street; the alley between "F" Street and Acacia Avenue, between 13`s Street and Base Line Street; 7`s Street, between "F" Street and "G" Street; and a portion of Berkeley Street, between 7th Street and 8' Street (Plan No. 10910A and 10910B) and reserving easements and temporary easements for certain public utilities therein. Council Member/Commissioner Derry abstained on this item because his employer, Southern California Edison, has an interest in this matter. He left the Council Chambers and returned after the vote was taken. James Funk, Director of Development Services, provided highlights of the staff report. Mayor/Chairman Valles opened the hearing. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Mario Gomez, owner of California Roofing Company, San Bernardino, CA, stated that he was opposed to the proposed vacation of Berkeley Street, between 7' and 8' Streets, and "G" and "F" Streets. He stated that he still owns the property today and has used it for his business for over 20 years. Barbara Burns, 625 W. 8`" Street, San Bernardino, CA, stated that she and her husband have an agreement with Mr. Gomez to use that property to take their travel trailer in and out and asked if a driveway could be provided instead of a solid curb. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the hearing be closed; and that said resolution be adopted. 11 05/03/2004 The motion carried and Resolution No. 2004-125 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/Commissioner Derry. Absent: Council Member/Commissioner Longville. 25. 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 material was distributed. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, 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. 26. ORD. MC-1173 - An Ordinance of the City of San Bernardino amending Chapter 3.44 of the San Bernardino Municipal Code reducing the amount of Service Users Tax to 7.93 percent. FINAL READING (Continued from April 19,2004) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance be adopted. Ordinance No. MC-1173 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, McCammack. Nays: Council Member/Commissioner Johnson. Absent: Council Member/Commissioner Longville. 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, McGinnis, Derry, Kelley, Johnson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel. 12 05/03/2004 R27. RES. CDC/2004-10 - A Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino (the "Agency") to execute the Professional Services Agreement by and between Terra Nova Planning & Research, Inc. ("Consultant") and the Agency. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. CDC/2004-10 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. R28. RES. CDC/2004-9 - A Resolution of the Community Development Commission of the City of San Bernardino authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino to execute Amendment No. 2 to Owner Participation Agreement, dated as of September 17, 2001, by and between the Redevelopment Agency of the City of San Bernardino and In- N-Out Burgers and to execute a License between the Redevelopment Agency of the City of San Bernardino and In-N-Out Burgers permitting limited entry for Public Works project purposes. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. CDC/2004-9 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 29. Public Comments Betty Jean Long, 734 W. 10' Street, San Bernardino, CA, stated that City streets and sidewalks are unsafe for those who use a wheelchair, especially at the west end of 10' Street. S1. Designation of voting delegate and voting alternate - League of California Cities Special Meeting of the League General Assembly - May 13, 2004, in Sacramento, California Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Kelley, that Council Member/Commissioner McCammack be designated as the City of San Bernardino's voting representative and Council Member/Commissioner McGinnis as the voting alternate for the League of California Cities Special Meeting of the League General Assembly to be held on May 13, 2004, in Sacramento, California. 13 05/03/2004 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. S2. RES. 2004-123 - Resolution of the Mayor and Common Council of the City of San Bernardino condemning all incidents of hate and supporting efforts of the Human Relations Commission to combat prejudice in our community. Gil Navarro, 1440 W. 6' Street, San Bernardino, CA, Chairman of the San Bernardino/Highland Chapter of the Mexican American Political Association (MAPA), stated that there is a large number of Mexican immigrants in the City and there is a lot of racism and discrimination against these immigrants. He stated that he was disappointed that the resolution was not specific against hate crimes, especially this particular hate crime, which was against Mexican immigrants, and asked the Mayor to amend the resolution. Rabbi Hillel Cohn, 3947 Ironwood Street, San Bernardino, CA, stated that he is also an immigrant and is very much aware and sensitive to discrimination against immigrants in our Country, our State, and our community. He agreed with the Mayor that the act of vandalism at the church was alleged to be caused by the program about immigration, but that had not been proven. Rabbi Cohn stated that the Human Relations Commission shall continue to work to combat prejudice of all kinds in the community. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2004-123 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGirmis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 14 05/03/2004 30. Adjournment At 4:30 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, May 17, 2004, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 32 No. of Hours: 3 RACHEL G. CLARK City Clerk B, Linda Sutherland Deputy City Clerk 15 05/03/2004