HomeMy WebLinkAbout07-06-2004 MinutesMINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JULY 6, 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., Tuesday, July 6, 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, Lungville, McGinnis, Derry, Kelley,
Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator
Wilson. Absent: None.
Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to Government
Code Section 54956.9(a):
The People of the State of California v. Highland Delmann Heights 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 at. - San Bernardino Superior Court
Case No. SCVSS 108965;
City of San Bernardino Municipal Water Department v. the United States
Department of The Army - United States District Court Case Nos. CV 96-
8867 & CV 96-5205;
Candice Dick v. City of San Bernardino. et al. - United States District Court
Case No. EDCV 02-158 VAP (SGLx).
07/06/2004
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
Linda Van Den Brink 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:
City of San Bernardino v
City of San Bernardino v
City of San Bernardino v
City of San Bernardino v
City of San Bernardino v
Jose A. Segovia
Guadalupe Valdez Sauceda
Hope Hilacia Molina
Henry Edward Barber
Protea Hotel, Inc.
D. Closed Session - personnel - pursuant to Government Code Section 54957.
E. Closed session with Chief of Police on matters posing a threat to the security
of public buildings or threat to the public's right of access to public services
or public facilities - pursuant to Government Code Section 54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organizations:
General Unit
Mid -Management
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1. Property: 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
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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. Markets;
James F. Penman on behalf of the City of San
Bernardino
Under Negotiation: Terms and conditions
3. Property: APN 0266-362-12
5055 Hallmark Parkway
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Stan Robbins
and Jim Robbins, purchasers
Under Negotiation: Purchase price, terms and conditions
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Steve Peach v. City of San Bernardino, et al. - United States District Court Case
No. CV03-9189 GAF (FJWx);
Manta Management Corporation v. City of San Bernardino - Case No. SCV 18157;
Under Seal v. Under Seal - Los Angeles Superior Court Case No. BC272529;
Pravin D. Patel, et al. v. City of San Bernardino_ - United States District Court Case
No. EDCV 98-298 RT.
Under Agenda Item 113, Significant exposure to litigation: Agenda Item No. 35.
City Clerk Clark announced that during closed session under Agenda Item 1C,
Conference with legal counsel, initiation of litigation, a motion was made by Council
Member/Commissioner McCammack, seconded by Council Member/Commissioner
Estrada, and unanimously approved, authorizing the Salvation Army to keep the
reimbursement from the Sunset Hotel.
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Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Barnabas Laubach of St. Bernardine's Medical
Center, followed by the pledge of allegiance, led by Council Member/Commissioner
Kelley.
2. Appointment - Misti Fillhart - Animal Control Commission - Council
Member/Commissioner Kelley
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that the appointment of Misti Fillhart to the Animal
Control Commission, as requested by Council Member/Commissioner Kelley, be
approved.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
Moment of Silence
Mayor/Chairman Valles extended condolences to the family and requested a moment of
silence be observed in memory of Vince Volluci, husband of Joan Volluci, Executive
Secretary in the Council Office, who passed away this weekend. Vince and Joan were
married for over 40 years.
3. Presentations
International Affairs Director Jeong Lim Gye, and Mayor Kang's Assistant, Young
Il Alm, from Goyang, Korea, were joined by members of the Korean American
Association of the Inland Empire to present a gift to the City. The gift, a replica of
a 1,600 year old gold crown from the Silla Dynasty of Korea, commemorates the
first anniversary of the Sister City relationship between the City of San Bernardino
and Goyang, Korea.
Mayor Valles presented a Certificate of Recognition to Detective Jarrod Burguan of
the Police Department acknowledging his work in submitting the largest traffic
grant, which was approved for $200,000 and subsequently increased by an additional
$17,000 by the Regional Coordinator for the State Office of Traffic Safety.
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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.
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 agenda of the Mayor and Common Council/Community Development
Commission, be waived.
The motion carried by the following vote:
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Claims & Payroll
Ayes: Council Members/Commissioners
Kellev, Johnson, McCammack. Nays:
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 June 29, 2004, from Barbara
Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kellev, Johnson, McCammack. Nays:
None. Absent: None.
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 June 29, 2004 in accordance with Civil Service rules and Personnel
policies adopted by the Mayor and Common Council of the City of San Bernardino,
be approved and ratified.
The motion carried by the following vote
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Ayes: Council Members/Commissioners
Keller, Johnson, McCammack. Nays:
8. RES. 2004-212 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor to execute an Animal Control Services
Agreement by and between the City of San Bernardino and the City of Fontana
for the period July 1, 2004 through June 30, 2005.
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Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2004-212 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9. RES. 2004-213 - Resolution of the Mayor and Common Council of the City of
San Bernardino in support of the local government budget package.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2004-213 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. Review and take action regarding the need for continuing in effect the local
emergency caused by the Old Waterman Canyon Fire pursuant to Government
Code Section 8630 (c)(1)
Note: No backup materials were distributed.
Council Member/Commissioner McCammack 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
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Aye;: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
11. RES. 2004-223 - Resolution of the City of San Bernardino authorizing execution
of a new Services Agreement with Los Padrinos, Youth Services Inc. a non-
profit organization.
Council Member/Commissioner Longville stated that Los Padrinos does a great job;
however, she indicated that she does not feel the City is devoting enough time to the
corridors as identified in Project Curb Appeal and suggested that perhaps some
CDBG money could be used to have it reinstated.
Glen Baude, Director of Code Compliance, stated that Los Padrinos spends a
substantial amount of time working the off -ramps. He suggested that Council
Members/Commissioners Estrada and Longville meet and discuss their concerns
with the Director of Los Padrinos.
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Council Member/Commissioner Kelley stated that he would like to somehow
motivate the various neighborhood groups to participate in the "Adopt a Street
Program. "
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2004-223 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12. Authorize budget amendment omitted at the September 2, 2003, meeting of the
Mayor and Common Council (Item No. 9) - SANBAG reimbursement funding
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Finance be authorized to amend
the FY 2003/2004 Capital Improvement Program (CIP) budget to reflect $16,600 in
revenue reimbursement in the Transportation Development Act Fund (122-000-
4605), and the transfer of $7,100 of the funds to the Traffic Congestion Fund, and
$9,500 to the Gas Tax Fund to reimburse these funds for project costs incurred.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kellev, Johnson, McCammack. Nays:
None. Absent: None.
13. RES. 2004-214 - Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to Nikola Corporation for the sewer
improvements on Base Line Street and Wilson Street (SW 04-04), "I" Street
(SW 04-30) and 35" Street (SW 04-31) per Plan No. 10890.
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
$9,315 from Account No. 245-365-5504-7317, "Base Line Street and Wilson Street
- Replace Sewer Main (SW 04-04)" to Account No. 245-365-5504-7428, "35'
Street - Replace/Parallel Sewer Main (SW 04-31)".
The motion carried and Resolution No. 2004-214 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Kelley, Johnson, McCammack. Nays: None. .Absent: None.
14. RES. 2004-215 - Resolution of the City of San Bernardino approving
Amendment No. 1 to Services Agreement with Lim & Nascimento Engineering
Corporation for project management of the Mt. Vernon Avenue Viaduct over
the BNSF Railroad.
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Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2004-215 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
15. Authorize Change Order No. One to Contract with Bonadiman-McCain, Inc. -
Timber Creek improvements from East Twin Creek to 4,016.93 feet east - Plan
No. 10069
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council authorize the
Director of Development Services to execute Change Order No. One to contract
with Bonadiman-McCain, Inc. for Timber Creek improvements from East Twin
Creek to 4,016.93 feet east, per Plan No. 10069.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
16. Authorize Change Order No. One to contract with Repipe-California, Inc. (dba
PPR) - sewer rehabilitation by Cured -In -Place Pipe (CIPP) Method - "E"
Street between 2"d and 5' Streets (SW 04-06) - Plan No. 10540
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council authorize the
Director of Development Services to execute Change Order No. One to contract
with Repipe-California, Inc. for the sewer rehabilitation by Cured -In -Place Pipe
(CIPP) Method on "E" Street between 2"d Street and 5' Street (SW 04-06), per Plan
No. 10540.
The motion carried by the following vote
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Ayes: Council Members/Commissioners
Kelle} , Johnson, McCammack. Nays:
17. RES. 2004-216 - 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 Nexus IS Inc., for the
provision of repairs and maintenance to the City's NEC telephone systems for
the Facilities Management Department in the amount of $42,343.00.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
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Resolution No. 2004-216 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. RES. 2004-217 - Resolution of the City of San Bernardino authorizing the
purchase of 140 Panasonic laptop based Mobile Data Computers (MDC) for
Police and Fire vehicles.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2004-217 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. RES. 2004-218 - Resolution of the City of San Bernardino authorizing a
contract for 800 MHz radio time -air services between the City and Patton State
Hospital.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2004-218 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20. RES. 2004-224 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor or her designee to issue a purchase order
to R. P. Landscape and Irrigation for landscape maintenance service for the
cemetery, for a period of twelve (12) months in accordance with Bid
Specification F-04-048 with an option of two additional single year renewals.
Council Member/Commissioner Estrada stated that several parks are in poor
condition and asked if the City could better monitor its contractors to make sure
they're actually doing what they are being paid to do.
Lemuel Randolph, Director of Parks, Recreation and Community Services, stated
that there is a Park Project Coordinator who is responsible for the monitoring of all
maintenance contracts as well as inspection of all new landscape installations, both
residential and commercial, in addition to having the responsibility for the oversight
of the soccer complex maintenance agreement. He stated that through the
reorganization that was approved by the Council back in the fall, they have
restructured to include costs for this new contract. Mr. Randolph added that he
believes there will be an improvement in the maintenance of the cemetery.
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Council Member/Commissioner Estrada suggested that perhaps the soccer teams
should be contacted to see if they would be interested in working with the City to
improve the condition of the soccer fields.
Council Member/Commissioner McCammack requested that landscaping contractors
report non -working sprinklers to the department head so they can be repaired in a
timely manner.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2004-224 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21. RES. 2004-219 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor of the City of San Bernardino to execute
an agreement with the California State University, San Bernardino allowing the
University to use the City of San Bernardino Police Department's firing range.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2004-219 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. RES. 2004-220 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an increase to an annual purchase
order, with three (3) single year renewal options, to Labrie Equipment for the
purchase of specific Labrie equipment parts and supplies utilized by the Public
Services Fleet Division.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2004-220 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
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23. RES. 2004-221 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of combined annual purchase orders,
with two single year renewal options, for general automotive repair and
machine shop support to Southwestern Motors and Pride; for medium/heavy
equipment and truck repair to McCray Enterprises; and for radiator repair to
Automart and Southwestern Motors.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2004-221 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
24. RES. 2004-222 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of combined annual purchase orders,
with two single year renewal options, to Fleet Pride and McCray Enterprises for
heavy duty vehicle brake and gear work, including purchase of various related
parts.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2004-222 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
25. Item Deleted.
26. An Ordinance of the City of San Bernardino amending Chapter 3.13 of the San
Bernardino Municipal Code relating to waiver or refund of fees for charitable
organizations. FIRST READING.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Longville, that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
27. An Ordinance amending Sections 15.04.080, 15.04.081, 15.16.070 and 15.57.030
of the San Bernardino Municipal Code waiving certain City fees for the first
reconstruction of commercial structures voluntarily demolished after Code
Compliance has issued a Notice of Violation/Abatement. FIRST READING.
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Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said ordinance be laid over for final adoption.
The motion carried by the following vote:
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
28. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the San Bernardino City Professional Firefighters Welfare Benefit
Plan authorizing payroll deductions by the City of San Bernardino for
participating members.
Note: No backup materials were distributed.
City Attorney Penman requested that this matter be continued for two weeks.
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 19, 2004.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
29. RES. 2004-225 - Resolution of the City of San Bernardino accepting the COPS
2004 Technology Grant and authorizing the expenditure of the awarded grant
funds in accordance to the Grant Expenditure Plan.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2004-225 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
30. RES. 2004-226 - Resolution ratifying the submittal of a grant application by the
Mayor and Common Council of the City of San Bernardino authorizing the
Mayor or her designee to apply for and administer a grant from the Mervyn's
2004 Community Giving Program in the amount of $2,487.04 to assist with
youth mentoring services for FY 2004-05.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
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Resolution No. 2004-226 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
31. Public hearing - resolution establishing the fees and rates to be charged for the
collection of refuse, green wastes and recyclables (Continued from June 21, 2004)
Resolution of the Mayor and Common Council of the City of San Bernardino
establishing the fees and rates to be charged for the collection of refuse, green
wastes and recyclables, and repealing Resolution 98-228, and amendments
thereto.
The hearing remained open.
No public comments were received.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be continued to the
Council/Commission meeting of July 19, 2004.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
32. RES. 2004-227 — 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 21, 2004)
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-227 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
33. 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. FIRST READING (Continued from June 21, 2004)
Karen Fricke, Executive Director of the Apartment Association Greater Inland
Empire and a Commissioner for the Housing Authority of the County of San
Bernardino, 10630 Town Center Drive, #16, Rancho Cucamonga, CA, stated that
the Association is against a mandatory fee -based inspection plan because it punishes
the good owners who take care of their properties and it penalizes the owners of
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four-plexes by charging them over $47 per door/per year to have the Fire
Department do an inspection they already do. She stated that the 3,500 Section 8
units in the City are already inspected on an annual basis by the Housing Authority
for the same items the Fire Department wants to inspect for.
Ms. Fricke stated that this plan would create a hardship on the tenants and felt it
would be an invasion of their privacy; however, she added that owners are allowed
to enter the units to inspect the smoke detectors. She asked that this plan be returned
to staff and that the renters and owners be allowed to help create a plan that would
be acceptable to everyone.
City Attorney Penman stated that in the past the City of San Bernardino has closed
several apartments for not being up to code after being inspected by the Housing
Authority. He stated that his office researched the law and found that nothing in the
law prohibits apartment owners from going into units, and it specifically authorizes
apartment owners to go into units to determine what repairs need to be made and to
make them. Mr. Penman added that if the apartment owners fail to comply with this
law, they will be prosecuted by the City of San Bernardino.
Doug Dupree, Fire Marshall, stated that the California Health and Safety Code
requires the Fire Department to perform these annual inspections and they plan to
get prior written permission from the tenant before they go in.
Benton Lamson, Real Estate Broker and President of the Apartment Association,
Bluestar Properties, 12176 Industrial Blvd., #1, Victorville, CA, stated that their
goal was to work with the City in order to come up with a fair program, but he felt
it needed more work. He stated that this program would require additional staff,
which could result in higher rents.
City Attorney Penman stated that the City has hundreds of apartment buildings that
are not up to code. He stated that he expects this program will cause a significant
increase in the rents and they expect apartment owners will take that money and will
start putting more of that money back into their apartments to maintain the safety
and improve the appearance of those apartments, which will do a lot to improve the
overall living conditions in the City.
Louise Ceccarelli, 1474 W. Yardley Street, San Bernardino, CA, Apartment
Association staff member, stated that she feels that the majority of apartment owners
in the City already comply with the requirements. She stated that owners who are
not taking care of their property are not going to pay any fines and those fines will
continue to grow because there is no substantial way to enforce it.
As with the proposed plan, Ms. Ceccarelli stated that the Apartment Association also
offers educational opportunities and has people who are trained in proper
landlord/tenant and screening procedures. She stated that many of these people are
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not practicing screening techniques —they are not complying with any of the better
processes for improving their properties. She added that there is a San Bernardino
Apartment Association networking group that meets once a month and a landlord
training class that is offered by the Police Department. Ms. Ceccarelli stated that
she felt the City should endorse this program to encourage owners and managers to
attend and should also consider a program that penalizes non -compliant owners and
requires them to attend a certain amount of education similar to traffic school.
Jim Vassilakos, 2386 Denair Avenue, Highland, CA, submitted correspondence
from the Villa Granada Apartments and the Del Rosa Neighborhood Improvement
Association dated July 6, 2004, in opposition to the proposed program. He stated
that the City needs to create a program that punishes the bad apartment owners
without putting too much of a burden on the general population because that will
only hurt the people in the City who are really struggling to make ends meet, and
this will only make things worse. He stated that the City needs to make sure that
this program will accomplish what it means to accomplish.
John Giardinelli, Attorney representing the Association of Realtors, 31594 Railroad
Canyon Road, IIC, Canyon Lake, CA, stated that they are concerned with a number
of issues relative to the ordinance in its present form and requested that they be
allowed to work with staff, and particularly with the City Attorney, to develop an
ordinance they can support.
Council Member/Commissioner Kelley stated that this program will ensure that the
annual inspections will include smoke detector tests, fire alarm tests, fire
extinguisher checks, common area and overall grounds inspections, heating
appliance inspections, and Fire Department access and water supply. He stated that
this program is all about saving lives and he encouraged his colleagues to support it.
Richard Lewis, President of the San Bernardino City Professional Firefighters,
5328 Park Lane, San Bernardino, CA, stated that this is about an inspection program
that will be proactive and will alert the Police Department, Code Compliance, and
Building and Safety, as well as the Fire Department to the issues on these properties.
He stated that property owners need to be responsible for who they rent to and how
they maintain their property.
Council Member/Commissioner Derry stated that the firefighters are currently
performing these inspections when and where they can. He stated that the problem
with that is that the money is coming from the General Fund to provide the
inspections, which means that the average taxpayer and property owner of San
Bernardino is currently subsidizing the inspections of those apartment complexes.
Mr. Derry stated that he feels the apartment owners should bear most of the burden
of the cost, and he believes this program will make apartment complexes and the
City much safer.
15 07/06/2004
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be laid over for final
adoption; and
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
establish a full time classification of Public Education Officer (Range 1412, $3,465-
$4,212) and Fire Prevention Technician (Range 1386, $3,044-$3,700); and
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
authorize the addition of two (2) Code Compliance Officer II positions, three (3)
Fire Prevention Technicians; one (1) Fire Prevention Officer, one (1) Public
Education Officer; and one (1) Administrative Clerk I; and
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that the Director of Human Resources be
directed to update Resolution No. 6413, Section Ten, to reflect this action; and
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that the Director of Finance be authorized to
incorporate the revenues and expenditures associated with this program into the FY
2004-05 Final budget, in accordance with the staff report and attachments dated May
24, 2004, from Larry R. Pitzer, Fire Chief.
The motions carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
34. Study session - 5:00 p.m. - Economic Development Agency Boardroom -
presentation on emergency call volume management and review of apparatus
replacement schedule
The issues covered during the study session included: Fire Department Emergency
Response Standards Committee recommendations; emergency call volume;
emergency call volume management/emergency medical dispatching; county island
contract: call volume and impact; apparatus replacement schedule; and
recommendations.
It was recommended that the Fire Department Planning Standards Ad Hoc
Committee reconvene to review and make recommendations to the Mayor and
Common Council regarding the concept of adopting individual district standards, the
county islands contract's impact on service delivery, and the Apparatus Replacement
Program (ARP).
16 07/06/2004
35. Public hearing - approval of Development Code Amendment No. 03-05;
Tentative Tract Map No. 16757; and Development Permit III No. 03-52
An Ordinance of the City of San Bernardino amending Chapter 19.04
(Residential Districts), Section 19.04.030 (2) (N) of the San Bernardino
Municipal Code (Development Code) related to planned residential development
requirements. FIRST READING.
Note: The ordinance was not distributed with the backup materials.
Mayor/Chairman Valles opened the hearing.
No public comments were received.
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 19, 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
Staff Present
Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman
Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark,
Economic Development Agency Executive Director Van Osdel.
R36. RES. CDC/2004-20 - 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.). (Continued from June
21, 2004)
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
17 07/06/2004
Resolution No. CDC/2004-20 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
R37. A Resolution of the Community Development Commission of the City of San
Bernardino reinstating and amending the Property Owner Redevelopment
Agreement by and between the Redevelopment Agency of the City of San
Bernardino and BP California, A California Corporation and authorizing the
Executive Director of the Redevelopment Agency of the City of San Bernardino
to execute said agreement (northeast corner of Waterman Avenue and
Vanderbilt Way - Tri-City Redevelopment Project Area).
Gary Van Osdel, Economic Development Agency Executive Director, requested that
this matter be tabled and stated that a new item would be brought back in two weeks.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be tabled.
The motion carried by the following vote
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
R38. Termination Agreement between Agency and Neighborhood Housing Services
(NHS) and Assumption and Loan Agreement between Agency and Frazee
Community Center
A Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the Agency to
execute the Termination Agreement to the 2001 HOME Program Community
Housing Development Organization (CHDO) Loan Agreement by and between
Neighborhood Housing Services of the Inland Empire, Inc. (NHS) and the
Redevelopment Agency of the City of San Bernardino (Agency). (R38A)
A Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the Agency to
execute the (1) HOME Assumption Agreement by and between NHS, Frazee
Community Center, Inc. (Frazee) and the Agency; and (2) the 2004 HOME
Program CHDO Loan Agreement by and between Frazee and the Agency.
(R38B)
Note: No backup materials were distributed.
Staff requested a two -week continuance.
18 07/06/2004
Council Member/Commissioner McCammack stated that she would have to abstain
on this vote because NHS is a business client. She left the Council Chambers and
returned after the vote was taken.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, that the matter be continued to the
Council/Commission meeting of July 19, 2004.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Abstentions:
Council Member/Commissioner McCammack. Absent: None.
R39. 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
Redevelopment Project Study Agreement and Redevelopment Assistance with
Mill Street Development LLC ("Developer") — Central City South
Redevelopment Project Area.
Note: No backup materials were distributed.
Staff requested a two -week continuance.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Kelley, that the matter be continued to the
Council/Commission meeting of July 19, 2004.
The motion carried by the following vote
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
40. Public Comments
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the issue
of national security.
John Stevens, 4097 Pershing Avenue, San Bernardino, CA, spoke regarding
radioactivity and illegal fireworks.
Tray Green, 1540 Barton Road, Redlands, CA, founder of Shoppin' 4 Seniors,
stated that his organization provides services to low income senior citizens and
housebound citizens and he had a contract with the City for five to six years. He
stated that they provide free grocery shopping for seniors and they are the only
organization in the State that provides this service. Mr. Green indicated that they
used their CDBG funds between July and December and they have been told that
19 07/06/2004
they will not be allowed to do that. If this happens, he added that they will have to
cut services in half.
41. Adjournment
At 7:43 p.m., the meeting was adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is scheduled for
1:30 p.m., Monday, July 19, 2004, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
No. of Items: 41
No. of Hours: 6
RACHEL G. CLARK
City Clerk
"O
By
Linda Sutherland
Deputy City Clerk
20 07/06/2004