HomeMy WebLinkAbout06-21-2004 MinutesMINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JUNE 21, 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 1:38 p.m., Monday, June 21, 2004, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by Assistant to the City Clerk Medina with the following being
present: Mayor/Chairman Valles; Council Members/Commissioners Estrada,
Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman,
Assistant to the City Clerk Medina, 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):
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;
The People of the State of California v. Hi
Quality Water Supply Authority - San Bernardino Superior Court Case
No. SCVSS 104542;
City of San Bernardino, a Municipal Corporation and the Economic
Development Agency for the City of San Bernardino v. Valerie Pope -
Ludlam, Edward Negrete, Yolanda Negrete, Michael Beauregard, Allan
Steward, Inc., Steward & Associates, et al. - San Bernardino Superior
Court Case No. SCVSS 108965;
Under Seal v. Under Seal - Los Angeles Superior Court Case No.
BC272529.
6/21/2004
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:
NAACP v. City of San Bernardino
MALDEF v. City of San Bernardino
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.9:
1. Proper : 247 West Third Street
Negotiating Parties: James F. Penman, General Counsel, 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 Blvd., Del Rosa
Drive, Paul Villasenor Blvd., and Memorial
Drive.
Negotiating Parties: Don Rogers on behalf of the Inland Valley
Development Agency; David Newsom on
behalf of Hillwood/San Bernardino LLC.;
Bruce Varner on behalf of Stater Bros.
2 6/21/2004
Markets; James F. Penman on behalf of the
City of San Bernardino.
Under Negotiation: Terms and conditions
City Attorney Penman announced that the following additional items would be
discussed in closed session:
La France Hamilton v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 00-107 RT (RNBx);
Under Agenda Item 1G, Conference with real property negotiator:
Property: Hampshire Road Flood Control Areas north of
39" Street, south of 40' Street, east of Harrison
Street, and west of Golden Avenue.
Negotiating Parties: James F. Penman, City Attorney's Office, on
behalf of the property owner, City of San
Bernardino; and John Rowden, State Hazard
Mitigation Officer, FEMA.
Under Negotiation: Amendments to FEMA deed restrictions.
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 Father Patricio Guillen of Libreria Del Pueblo, followed
by the pledge of allegiance, led by Aracely Delgadillo and Francisco Mata, fifth grade
students from Bradley Elementary School.
Moment of Silence
Mayor/Chairman Valles extended condolences to the family and requested a moment of
silence in memory of Debbie Culp, an employee of the Parks, Recreation and
Community Services Department for over 14 years, who passed away on June 17.
Council Member/Commissioner Longville requested a moment of silence in memory of
Karl Best, who was the victim of a hit and run driver in San Bernardino last week.
Council Member/Commissioner Johnson requested a moment of silence in memory of
Hortense Hunn, a personal friend and Director of the San Bernardino County Headstart
Program for many years, who passed away on June 17 in Mississippi.
3 6/21/2004
2. Appointments
Evelyn Wilson - Parks and Recreation Commission - Council Member
Longville
Stephanie Allen - Board of Building Commissioners - Council Member
McCammack
Carolyn Tillman - Board of Library Trustees - Mayor Valles
(2A,B,C)
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner McCammack, that the appointments of Evelyn Wilson,
Stephanie Allen, and Carolyn Tillman, as requested by Council
Members/Commissioners Longville and McCammack and Mayor/Chairman
Valles, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
3. Proclamations & Presentations
On behalf of the Mayor and Council, Mayor/Chairman Valles presented a
plaque to Youn Kim on the occasion of his retirement from the City.
Dennis Moon, Caltrans District 8 Adopt -A -Highway Coordinator, recognized
the members of the Kendall Hills Neighborhood Association for their continued
efforts in maintaining a section of the local freeway and honored member Don
Lambert as Volunteer of the Year.
Ambassador of Goodwill Certificates were presented to the following exchange
students, who will be traveling to our Sister City of Tachikawa, Japan during
the month of July: Courtney Brand, Aquinas High School; Emilie Dang, San
Gorgonio High School; Sherrie Dennehy, Cajon High School; and Naomi
Payan, Arroyo Valley High School.
The First Quarter 2004 City of San Bernardino Customer Service Award was
presented to Grace Washington, a Customer Service Representative in the
Facilities Management Department, in recognition of her consistent and ongoing
professionalism in serving her customers.
June Durr, Public Information Officer in the Mayor's Office, read the names of
the following individuals who were presented a service pin award by
Mayor/Chairman Valles in recognition of their many years of dedicated service
to the City:
4 612tl2004
EI
E
Name
Department
Sandra Medina
City Clerk
Susan Gonzalez
Development Services
Deborah Serafin
Facilities Management
Mike Gonzales
Parks, Recreation &
Community Services
Jean Bonelli
Police
Leland Chennaut
Police
Gerald Jones
Police
Announcements
Years of Service
15
5
5
25
10
30
30
Announcements were made by the Mayor, members of the Common Council,
and elected officials regarding various civic and community events and
activities.
Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, 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 Longville made a motion, seconded by Council
Member/Commissioner McCammack, that the minutes of the following
meetings of the Mayor and Common Council/Community Development
Commission/San Bernardino City Housing Authority of the City of San
Bernardino be approved as submitted in typewritten form: April 19, 2004;
May 3, 2004; May 17, 2004; June 9, 2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
E
6/21/2004
7. Claims & Payroll
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated June 14,
2004, from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
8. Personnel Actions
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that the personnel actions as submitted by
the Chief Examiner dated June 15, 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, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9. 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.
Council Member/Commissioner Longville 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, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. RES. 2004-207 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the Final Map for Subdivision Tract No.
16443 located at south side of Belmont Avenue between Magnolia Avenue
and Chestnut Avenue, accepting the public dedications as set forth on said
map; and authorizing execution of the standard form of agreement for the
improvements in said subdivision, with time for performance specified.
6 6/21/2004
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-207 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
11. Authorize Change Order No. One - contract with Tunnel Equipment
Manufacturing Company dba TEMCO - sanitary sewer system
improvements - proposed SR-210 Freeway extension at 27`s Street along
Medical Center Drive & Cajon Boulevard (SW04-18) - Plan No. 10743 -
authorize Director of Finance to amend FY 2003/04 budget
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that the Director of Development
Services be authorized to execute Change Order No. One to the contract with
Tunnel Equipment Manufacturing Company dba TEMCO for sanitary sewer
system improvements for the proposed SR-210 Freeway Extension at 27" Street
along Medical Center Drive and Cajon Boulevard (SW04-18) per Plan No.
10743; and that the Director of Finance be authorized to amend the budget for
the sanitary sewer system improvements for the proposed SR-210 Freeway
extension at 27`h Street along Medical Center Drive and Cajon Boulevard
(SW04-18) to add $746,119.01 to the expenditure budget as outlined in the staff
report dated June 3, 2004, from James Funk, Director of Development
Services, and budget a corresponding revenue from the reimbursement to be
received from the California Department of Transportation (Caltrans).
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12. Authorize Contract Change Order No. One - contract with Dye and
Browning Construction, Inc. - install curb, gutter, sidewalk, and asphalt at
Richardson Street, from Hardt Street to 400' north - Plan No. 10663
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that the Director of Development
Services be authorized to execute Change Order No. One to the contract with
Dye and Browning Construction, Inc., to install curb, gutter, sidewalk, and
asphalt at Richardson Street, from Hardt Street to 400' north, per Plan No.
10663.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
7 6/21/2004
13. RES. 2004-155 - Resolution of the City of San Bernardino determining the
amount of property tax revenues to be exchanged between and among the
City of San Bernardino and the County of San Bernardino resulting from
the jurisdictional change described by LAFCO 2961 for the annexation of
4180 N. "E" Street, located at the southwest corner of 48' Street and "E"
Street.
Council Member/Commissioner Johnson stated that he would abstain due to the
appearance of a conflict.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-155 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.
14. RES. 2004-156 - Resolution of the City of San Bernardino declaring its
intention to order the vacation of a portion of Hazel Street, between "H"
Street and the I-215 Freeway (Plan No. 10907) and reserving easements for
certain public utilities therein.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-156 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
15. RES. 2004-157 - Resolution of the City of San Bernardino approving a
Memorandum of Understanding with the San Bernardino International
Airport Authority relating to capital improvement projects within the
Airport operating area.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-157 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
8 6/21/2004
16. RES. 2004-158 - Resolution of the City of San Bernardino noticing a public
hearing relative to the formation of Underground Utility District No. 31,
generally located along portions of 13'" Street, between Arrowhead Avenue
and Sierra Way, in the City of San Bernardino.
Council Member/Commissioner Derry stated he would abstain on this item
because Southern California Edison is his employer.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that the Director of Development
Services and the City Clerk be authorized to proceed with the formation of
Underground Utility District No. 31, generally located along portions of 13'
Street, between Arrowhead Avenue and Sierra Way, pursuant to San Bernardino
Municipal Code Section 13.36; and that said resolution be adopted.
The motion carried and Resolution No. 2004-158 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/
Commissioner Derry. Absent: None.
17. Determine Public Convenience or Necessity - Alcoholic Beverage Control
Type 21 license (off -sale general) - Fiesta Food Warehouse - 263 East 9'
Street
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
determine that the public convenience or necessity is served, and direct the
Development Services Department to send a letter to the Department of
Alcoholic Beverage Control for a Type 21 license (off -sale general) for Fiesta
Food Warehouse, located at 263 East 9' Street.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. RES. 2004-159 - Resolution of the City of San Bernardino authorizing
execution of Amendment No. 1 to Cooperative Agreement between the City
of San Bernardino and the County of San Bernardino for pavement
rehabilitation at various locations.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
9 6/21 /2004
Resolution No. 2004-159 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
19. Reject all bids - construction of ADA access ramps and sidewalks at various
locations, Phase VI - 2003/04 (SSO4-07) - Plan No. 10992 - direct staff to re -
advertise project
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
reject all bids for the construction of ADA access ramps and sidewalks at
various locations, Phase VI - 2003/04 (SSO4-07), per Plan No. 10992 and direct
staff to re -advertise the project.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20. Resolutions of the City of San Bernardino approving the 2004/2005
Assessment Rolls - various assessment districts
RES. 2004-160 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 951, Zone 1 and
Zone 2, Landscaping Construction and Maintenance District, Wagonwheel
Road area. (20A)
RES. 2004-161 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 952, Zone 1, Zone 2,
Zone 2A, and Zone 3, Landscaping Construction and Maintenance District,
State University area. (20B)
RES. 2004-162 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 953, Landscaping
Maintenance District, 16`h Street and Medical Center Drive area. (20C)
RES. 2004-163 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 956, Landscaping
Maintenance District, Carnegie Drive area. (20D)
RES. 2004-164 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 959, Zone 1,
Landscaping Maintenance, Shandin Hills area. (20E)
10 6/21/2004
RES. 2004-165 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 962, Sewer Lift
Station Maintenance District, Pine Avenue area. (20F)
RES. 2004-166 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 963, Sewer Lift
Station Maintenance District, Allen Street area. (20G)
RES. 2004-167 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 968, Landscaping
Maintenance District, Airport Drive. (20H)
RES. 2004-168 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 974, Landscaping
Maintenance District, Rialto Avenue and Eucalyptus Avenue area. (20I)
RES. 2004-169 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 975, Landscaping
Maintenance District, Pepper Avenue and Mill Street area. (20.1)
RES. 2004-170 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 976, Landscaping
Maintenance District, Pine Avenue and Belmont Avenue area. (20K)
RES. 2004-171 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 981, Landscaping
Maintenance District, Meridian Avenue and Randall Avenue area. (20L)
RES. 2004-172 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 982, Landscaping
Maintenance District, Piedmont Drive area. (20M)
RES. 2004-173 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 986, Landscaping
Maintenance District, Rialto Avenue and Macy Street area. (20N)
RES. 2004-174 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 989, Sewer Lift
Station and Landscaping Maintenance District, Mill Street and Macy Street
area. (200)
RES. 2004-175 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 991, Landscaping
Maintenance District, Verdemont Drive and Olive Avenue area. (20P)
11 6/21/2004
RES. 2004-176 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 993, Landscaping
Maintenance District, Cajon Boulevard and June Street area. (20Q)
RES. 2004-177 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 997, Landscaping
Maintenance District, Chestnut Avenue area. (20R)
RES. 2004-178 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 1001, Landscaping
Maintenance District, Pennsylvania Avenue and Birch Street area. (20S)
RES. 2004-179 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 1002, Landscaping
Maintenance District, "H" Street area. (20T)
RES. 2004-180 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 1005, Landscaping
Maintenance District, Cajon Boulevard and Pepper Linden Avenue
(Campus Parkway) area. (20Q
RES. 2004-181 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 1007, Landscaping
Maintenance District, Pepper Avenue and Randall Avenue area. (20V)
RES. 2004-182 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment. District No. 1012, Landscaping
Maintenance District, Mill Street and Burney Street area. (20W)
RES. 2004-183 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 1016, Landscaping
Maintenance District, Coulston Street area. (20X)
RES. 2004-184 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 1017, Landscaping
Maintenance District, Kendall Avenue and Pine Avenue area. (20I)
RES. 2004-185 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 1018, Northpark
Boulevard and Mountain Drive Acquisition Assessment District. (20Z)
RES. 2004-186 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 1019, Landscaping
Maintenance District, Northpark Boulevard and Mountain Drive area.
(20AA)
12 6/21 /2004
RES. 2004-187 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 1020, Landscaping
Maintenance District, Mill Street and Dallas Avenue area. (20BB)
RES. 2004-188 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 1023, Landscaping
Maintenance District, Elm Avenue and Coulston Street area. (20CC)
RES. 2004-189 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 1024, Landscaping
Maintenance and Sewer Lift Station District, Inland Center Drive and
Riverwalk Drive area. (20DD)
RES. 2004-190 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 1025, Landscaping
Maintenance District, Pahn Avenue and Washington Street area. (20EE)
RES. 2004-191 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 1027 Landscaping
Maintenance District, Waterman Avenue and Washington Street area.
(20FF)
RES. 2004-192 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 1028 Landscaping
Maintenance District, Ohio Avenue and Walnut Avenue area. (20GG)
RES. 2004-193 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 1029 Landscaping
Maintenance District, California Street and 16' Street area. (20HH)
RES. 2004-194 - Resolution of the City of San Bernardino confirming the
2004/2005 Assessment Roll for Assessment District No. 1031 Landscaping
Maintenance District, Irvington Avenue and Olive Avenue area. (20II)
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolutions A-Z and AA -II, be
adopted.
Resolution Nos. 2004-160 through 2004-194 were adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Abstentions: Council
Member/Commissioner Johnson on Item 20-C only, due to proximity. Absent:
None.
13 6/21/2004
21. RES. 2004-195 - Resolution of the Mayor and Common Council of San
Bernardino authorizing the execution of a contract with and issuance of a
purchase order to Gray/I.C.E. Builders Inc. for the design/build of ADA
restrooms at 5 fire stations in the City of San Bernardino.
Council Member/Commissioner Longville 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 2004/05 budget and
include the loan proceeds and expenditure of those proceeds in Fund 211 (Fire
Equipment and Alterations Fund).
The motion carried and Resolution No. 2004-195 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
22. RES. 2004-196 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a contract and issuance of
an annual purchase order with two one-year options to Arrow Power
Sweeping, Inc. for parking lot sweeping services for the Carousel Mall and
the five -level parking structure in the amount of $59,000.00.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-196 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
23. RES. 2004-197 - Resolution of the City of San Bernardino authorizing the
renewal of the existing maintenance contract for Police document imaging
system with Filenet Corporation of Irvine, California.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-197 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
24. RES. 2004-198 - Resolution of the City of San Bernardino authorizing the
renewal of the existing maintenance contract for Police document imaging
system workflow software and scanning station hardware/software with
Avrio Corporation of Glendale, CA.
14 6/21 /2004
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-198 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
25. RES. 2004-199 - Resolution of the City of San Bernardino authorizing the
renewal of a maintenance contract for maintenance services on the
Computer -Aided -Dispatch system (CAD). Police Records Management
System (PRMS) and Mobile Data Software used by the Police and Fire
Departments from Tiburon, Inc., of Fremont, California.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-199 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
26. RES. 2004-200 - Resolution of the City of San Bernardino authorizing the
Purchasing Manager to award an annual purchase order and service
agreement, with two single year renewal options, to Accela, Inc. for the
maintenance and support of the Permits+ system.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-200 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
27. RES. 2004-201 - Resolution of the City of San Bernardino authorizing the
Purchasing Manager to award an annual purchase order and service
agreement for the City's 800 MHz voice/data backbone, MDC maintenance,
dispatch console maintenance, jail lock maintenance and user equipment
maintenance with the County of San Bernardino's 800 MHz Group.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-201 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
15 6/21/2004
28. RES. 2004-202 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor or her designee to execute an
agreement with the San Bernardino Unified School District to furnish food
service for the Summer Food Service Program for Youth.
Council Member/Commissioner Kelley abstained because he is employed by the
San Bernardino Unified School District; Council Member/Commissioner
Johnson abstained due to the appearance of a conflict; City Attorney Penman
abstained because his wife is a member of the school board.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-202 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, McCammack.
Nays: None. Abstentions: Council Members/Commissioners Kelley, Johnson.
Absent: None.
29. RES. 2004-203 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to
Wondries Ford for the purchase of eight (8) CNG vehicles for various
Divisions/Departments.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-203 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
30. RES. 2004-204 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to an annual purchase order to
Roadworks, Inc. to supply crackfill services for roadway pavement repairs.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-204 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
31. RES. 2004-205 - A Resolution of the Mayor and Common Council of the
City of San Bernardino approving a quitclaim deed vacating a water utility
easement back to Kwang Tae Park and Hae Kung Park, as joint tenants, to
clear the title of the property (APN 139-063-001).
16 6/21/2004
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-205 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
32. RES. 2004-208 - Resolution of the Mayor and Common Council of the City
of San Bernardino supporting AB 2006 (Nunez) - the Reliable Electric
Service Act of 2004.
Council Member/Commissioner Derry stated he would abstain because his
employer, Southern California Edison, is sponsoring the legislation. He left the
dais and returned after the vote was taken.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2004-208 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Kelley, Johnson,
McCammack. Nays: None. Abstentions: Council Member/Commissioner
Derry. Absent: None.
33. Deleted
34. RES. 2004-209 - Resolution of the City of San Bernardino authorizing the
Police Department to receive $578,501.95 from the City upon the City's
receipt of an Indian Gaming Local Community Benefit Grant and
obligating the expenditure of said grant funds for designated law
enforcement purposes.
Council Member/Commissioner McCammack stated she would abstain because
the backup materials contained discussion regarding a business client.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted; that the Mayor
and Common Council authorize the addition of five (5) police officers ($4,452-
$5,603) and one (1) police sergeant ($5,761-$7,324); that the Human Resources
Department be directed to update Resolution No. 97-244 (Position Control) to
reflect this particular action; and that the Director of Finance be authorized to
amend the Police Department's FY 2004/05 budget to reflect the proposed
increases in personnel services and capital outlay as outlined in the staff report
dated June 1, 2004, from Garrett Zimmon, Chief of Police.
17 6/21/2004
The motion carried and Resolution No. 2004-209 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/
Commissioner McCaminack. Absent: None.
35. Public hearing - Community Facilities District No. 1033 (Continued from
June 7, 2004.)
RES. 2004-210 - A Resolution of the Mayor and Common Council of the
City of San Bernardino declaring and establishing the formation of a
Community Facilities District, authorizing submittal of levy of special taxes
to the qualified electors, making certain preliminary findings and
overruling protests (CFD No. 1033).
The hearing remained open.
City Administrator Wilson provided an overview of past actions taken by the
Council to establish this Mello -Roos district for the operation of the Verdemont
Fire Station. He stated that the action today was to formally establish the
district and also call for an election of the landowners within 90 days. He
recommended adoption of the ordinance with one caveat —Special Counsel Sabo
had made two changes to the Engineer's Report, which needed to be placed in
the record.
Special Counsel Sabo clarified information on pages 5 and 6 of the Engineer's
Report, stating that 382 single-family units are being proposed in the four
separate areas of this proposed Mello -Roos. He stated that although it changes
some of the numbers, what does not change is the $350 per unit in the starting
year, which would generate about $133,000, if they were all built in the first
year.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Longville, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2004-210 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, Derry,
Kelley, Johnson, McCammack. Nays: Council Member/Commissioner
McGinnis. Absent: None.
18 6/21/2004
36. Public hearing - consider refuse rate adjustments
Note: No backup materials were submitted.
Mayor/Chairman Valles opened the hearing.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner McCammack that the matter be continued to the
Council/Commission meeting of July 6, 2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
37. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a !Memorandum of Understanding
between the Rialto Unified School District and the City of San Bernardino
for a School Resource Officer at Rialto High School. (Continued from June
7, 2004)
Note: The resolution was not included in the backup materials.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Staff advised that this item was not yet read), and should be continued for two
weeks.
Council Member/Commissioner Estrada made a substitute motion, seconded by
Council Member/Commissioner Kelley, that the matter be continued to the
Council/Commission meeting of July 6, 2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
38. Ordinance of the City of San Bernardino amending Chapter 15.25 of the
San Bernardino Municipal Code to include the Multi -family Rental Housing
Fire Inspection Program. (Continued from June 7, 2004)
Note: The ordinance was not included in the backup materials.
19 6/21/2004
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the matter be continued to the
Council/Commission meeting of July 6, 2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
39. Select authors - ballot arguments in favor of new Charter measure - City's
Special Municipal Election - November 2, 2004
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the Mayor and City Attorney be authorized
to select the authors of ballot arguments in favor of the new Charter measure
before the voters at the City's Special Municipal Election to be held on
November 2, 2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, McCammack.
Nays: Council Member/Commissioner Johnson. Absent: None.
40. Legislative Task Force update
Council Member/Commissioner Longville stated that the Legislative Task Force
met last week and information was provided regarding the budget compromise
with the governor. She advised that there is still a move in the legislature to
bring forth an alternative proposal, and city representatives are still continuing
to argue that the State stop the bleeding of their funds, either through this
negotiated compromise, or through a ballot initiative which will be placed
before the voters in November if the legislature and governor fail to give the
cities what they need. She stated that all cities have been asked to adopt a
formal resolution of support for the budget compromise, and it is important for
citizens to call their legislators in support of the compromise that has already
been negotiated with the governor.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present: Mayor/Chairman Valles; Council Members/Commissioners Estrada,
Longville, McGinnis, Derry, Kelley, Johnson, McCammack; Senior Assistant City
Attorney Carlyle, Economic Development Agency Special Counsel Sabo, Assistant to
the City Clerk Medina. Absent: None.
20 6/21/2004
R41. Memorandum of Understanding between the Redevelopment Agency and
Century Crowell Communities, L.P. (Re: Agency/City-owned property in
the Verdemont Area)
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 ("Agency") to
execute the Memorandum of Understanding ("MOU") with Century
Crowell Communities, L.P. ("Century") relative to the acquisition and
development of the site located in the North Verdemont Area (100 acre Bice
property and 5 acre City property on Little League Drive and Frontage
Rd.).
Maggie Pacheco, Agency Deputy Director. advised that the developer had
requested a two -week continuance.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of July 6, 2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
42. Public Comments
Paul Sanborn, 3559 Genevieve Street, San Bernardino, suggested that the
Mayor and Council raise the age for buying spray paint to 21 in an effort to
curb graffiti. He also suggested that the City allow garage sales on either the
first and third, or second and fourth weekends of each month, and anyone
holding a garage sale at any other time would be fined $250.
Dimitri Vassilakos, 2386 Denair Avenue, Highland, spoke regarding the
proposed Multi -Family Rental Housing Fire Inspection Program. According to
Mr. Vassilakos, the proposed fees are almost double the amount of the Utility
Users Tax. He questioned how many fires have actually occurred in apartment
houses with more than four units, how many resulted in loss of human life, and
what the City was "going after" with this proposed program. He stated that he
had done some investigation, and his research indicated that during the past ten
years there have been no fires that resulted in loss of human life in this
particular type of dwelling.
21 6/21/2004
S1. RES. 2004-206 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute a Services Agreement
with R3 Consulting Group, Inc., for assistance concerning expansion of
commercial refuse services provided by franchised refuse haulers.
Council Member/Commissioner Longville 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 Fiscal Year 2004/05 Budget
to include anticipated revenues and expenses as indicated in the staff report
dated June 11, 2004, from Fred Wilson, City Administrator.
The motion carried and Resolution No. 2004-206 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
43. Adjournment.
At 4:17 p.m., the meeting was adjourned to 3:30 p.m., Tuesday, June 22, 2004,
in the Economic Development Agency Boardroom, 201 North "E" Street, San
Bernardino to discuss the City and EDA budgets.
No. of Items: 44
No. of Hours: 2.75
RACHEL G. CLARK
City Clerk
By:
inda E. Hartzel
Deputy City Clerk
22 6/21/2004