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HomeMy WebLinkAbout10-06-2003 MinutesMINI ITF.S MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 6, 2003 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 1:35 p.m., Monday, October 6, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member/Commissioner McGinnis. Council Member/Commissioner McGinnis Arrived At 1:46 p.m., Council Member/Commissioner McGinnis arrived at the Council/ Commission meeting. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): California Bio-Mass, et al. v. City of San Bernardino, et al - San Bernardino Superior Court Case No. SCVSS 083473; Shirley J. Goodwin v. City of San Bernardino, et al - United States District Court Case No. EDCV 98-66 RT (VAPx); Shirley Allen v. City of San Bernardino, San Bernardino Fire Department, et al. - San Bernardino County Superior Court Case No. SCVSS 102087. 1 10/6/2003 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: Neighbors of San Manuel Tribe v. City 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. Allan Steward and Gil Lara City v. San Manuel Band of Serrano Mission Indians 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: 1. Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino Police Management Association 2. Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino City Professional Fire Fighters' Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional cases would be discussed in closed session: Under Agenda Item 1G, Conference with real property negotiator: 1. Property Address: HUB Properties, APN 0281-082-057 2 10/6/2003 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Vibhakerbhai Patel, property owner Under Negotiation: Purchase price, terms & conditions Under Agenda Item Nos. 1B, Significant exposure to litigation, and 1C, Initiation of litigation: Potential litigation with Parsons Brinkerhoff Quade & Douglas, Inc. 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 Pastor Matt Ritter of the San Bernardino Baptist Church, followed by the pledge of allegiance, led by Council Member/Commissioner McCammack. 2. Appointments There were no Commission appointments. 3. Proclamations & Presentations Mayor Valles presented a proclamation designating the week of October 12-19, 2003, as Bi-National Health Week to Carlos Giralt-Cabrales, Consul of Mexico. A proclamation designating the week of October 3-10, 2003, as Senior Olympics Games Week was presented to Lemuel Randolph, Director of Parks, Recreation and Community Services, by Mayor Valles. Mayor Valles presented a proclamation declaring October 8, 2003, as International Walk to School Day to Sonia Vega of the County Heath Department, who was accompanied by Daniel Arellano. Durand Rall, Director of Omnitrans, and members of his staff presented information regarding Omnitrans' future plans and level of service. City Attorney Penman presented Mayor Valles with a check in the amount of $8,057, which represented part of a settlement agreement for bribes accepted by former Councilman Eddie Negrete. 3 10/6/2003 Glenn Baude, Director of Code Compliance, presented Old Towne Property of the Month awards to Jose and Etelvina Guzman of 695 West Eighth Street and Sonia Barajas, who resides with her husband Geronimo at 875 North H Street. 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 Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council/Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 6. Council Minutes Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that the minutes of the following meeting of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: September 2, 2003. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 7. Claims & Payroll Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated September 18, 2003, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 4 10/6/2003 8. Personnel Actions Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that the personnel actions as submitted by the Chief Examiner dated September 26, 2003, 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, Suarez, Anderson, McCammack. Nays: None. Absent: None. 9. RES. 2003-274 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Animal Housing Services Agreement by and between the City of San Bernardino and the City of Grand Terrace from November 1, 2003 through June 30, 2006. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2003-274 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 10. A Resolution of the Mayor and Common Council of the City of San Bernardino declaring the intention to establish a Community Facilities District for the ongoing operation and maintenance of a fire station for the Verdemont Area. City Attorney Penman advised that there were numerous contradictions throughout the resolution and reviewed them with the Mayor and Council. He also explained that he had not signed the resolution because it would create a Mello Roos District, and the Council made a decision several years ago not to enter into anymore Mello Roos Districts because of the great cost to the City that occurred the last time there was a Mello Roos District in the Verdemont area. He stated that as currently written the resolution imposes taxes on existing residences in Verdemont, which he knew the Council did not want to do, and that the document needed to be completely reworked. Special Counsel Sabo stated that the clarifications that Mr. Penman requested were totally consistent with what the intent has been, and he would recommend that those clarifications be made. He explained that the term "district' is not the entire Verdemont area; it is those properties that are subject to the tax that are in 5 10/6/2003 an area that will be growing over time. He stated that these types of issues could be corrected very quickly, and the resolution could easily be brought back to the Council in two weeks. Mr. Sabo agreed that this is in fact a Mello Roos; however, there are several differences between the Mello Roos done 13 years ago in the Verdemont area and the one currently being proposed, which he summarized for the Mayor and Council. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the matter be continued to the Council/Commission meeting of October 20, 2003. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 11. ORD. MC-1151 - Ordinance of the Cit3 of San Bernardino amending Chapter 10.52 of the San Bernardino Municipal Code to establish a thirty- five mile per hour speed limit on Mountain Avenue between Lynwood Drive and Thirty-ninth Street. FINAL READING Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that said ordinance be adopted. Ordinance No. MC-1151 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 12. RES. 2003-266 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement with Tom Dodson & Associates to perform environmental consulting services. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2003-266 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 13. RES. 2003-275 - Resolution of the City of San Bernardino authorizing the execution of a Supplemental Agreement between the City of San Bernardino and Solpac, Inc. D.B.A. Soltek Pacific agreeing to a lump sum price to complete the Historic Depot Renovation Project, City Project No: HDREN- 1, Federal Project No.: 08-4105584L. 6 10/6/2003 Council Member/Commissioner Longville stated that she could not support taking money from the Gas Tax fund —that the Council had determined that this money should be stretched as far as possible for the City's paving projects; therefore, she felt the money should come from the City's reserves. Council Member/Commissioner McCammack stated that her concern was whether there was some way to use money remaining from other sources to do the pavement projects. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted; and that the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. Five in the amount of $1,081,306.32 to contract with Solpac, Inc., d.b.a. Soltek Pacific for the San Bernardino Historic Santa Fe Depot Renovation and Restoration Project per Plan No. 10446; and authorize the Director of Finance to amend the FY 2003/04 budget for the projects indicated in the staff report. The motion carried and Resolution No. 2003-275 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: Council Member/Commissioner Longville. Absent: None. 14. Item Deleted 15. Authorize Director of Development Services to execute Change Order No. One - contract with Centner Construction Company for ADA restrooms at Blair Park and Perris Hill Park Project - Plan No. 10353 Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council authorize the Director of Finance to amend the 2003/04 Capital Improvement Program budget by increasing Account No. 243-363-5504-7270 (ADA Restrooms at Blair Park and Perris Hill Park) by $13,000 using Prop. 12 per Capital Bond Funds in the Park Construction Fund; and that the Director of Development Services be authorized to execute Change Order No. One in the amount of $8,340 to contract with Centner Construction Company for ADA Restrooms at Blair Park and Perris Hill Park Project per Plan No. 10353. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 7 10/6/2003 16. Authorize Director of Development Services to execute Change Order No. One - contract with Holland -Lowe Construction, Inc. for Tippecanoe Avenue widening (Phase II) and Laurelwood Drive (Phase II) - Plan No. 10373A Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. One in the amount of $50,783 to the contract with Holland -Lowe Construction, Inc. for Tippecanoe Avenue Widening (Phase II) and Laurelwood Drive (Phase I1) per Plan No. 10373A. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 17. RES. 2003-267 - Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Irvington Avenue and Olive Avenue area without compliance with the Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1031; preliminarily approving the Engineer's Report and giving notice of a public meeting and public hearing. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2003-267 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 18. Establish parking restrictions - north side of 46' Street between Sierra Way and Sepulveda Avenue - two hour parking limitation from 9 a.m. through 6 p.m. - No Parking from 10 p.m. through 6 a.m. RES. 2003-268 - Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A Resolution... prohibiting parking upon certain designated streets, alleys, or portions thereof..." to establish a no parking zone between the hours of 10:00 p.m. and 6:00 a.m. on the north side of Forty-sixth Street between Sierra Way and Sepulveda Avenue. (18A) 8 10/6/2003 RES. 2003-269 - Resolution of the City of San Bernardino amending Resolution No. 8234 entitled, in part, "A Resolution... establishing parking time limitations upon certain designated streets, alleys, or portions thereof..." to establish a two-hour parking limitation between the hours of 9:00 a.m. and 6:00 p.m. on the north side of Forty-sixth Street between Sierra Way and Sepulveda Avenue. (18B) Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolutions be adopted. Resolution Nos. 2003-268 and 2003-269 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 19. Reject all bids and solicit new bids - design/build ADA restroom improvements at five fire stations Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council authorize the Purchasing Manager to reject all bids received for RFQ F-04-030 design/build of ADA restroom improvements at five fire stations, and authorize the Purchasing Manager to solicit new bids for RFQ F-04-030. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 20. RES. 2003-270 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to issue a purchase order to LA Gym Equipment in the amount of $79,454.85 and Fitness 909 in the amount of $30,606.39 for the Wellness and Fitness Program Exercise Equipment. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2003-270 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 21. RES. 2003-271 - Resolution of the City of San Bernardino amending Resolution No. 6413, Section Eleven, entitled in part, "A Resolution... establishing a basic compensation plan..."; by codifying prior Council actions (Middle -Management Unit). 9 10/6/2003 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2003-271 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 22. RES. 2003-272 - A Resolution of the Mayor and Common Council of the City of San Bernardino approving that certain Co -Lead Agency Agreement by and between the City of San Bernardino and the San Bernardino Valley Municipal Water District relating to the North Lake and South Lake Projects within the City of San Bernardino. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2003-272 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 23. RES. 2003-276 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement with the San Bernardino Symphony Orchestra for the promotion of Arts and Culture. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2003-276 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 24. Ratify Mayor's termination of Amended Agreement for Professional Services with Parsons Brinckerhoff Quade & Douglas, Inc. for the Mount Vernon Bridge Replacement Project Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council ratify the Mayor's termination of the Amended Agreement for Professional Services with Parsons Brinckerhoff Quade & Douglas, Inc. for the Mount Vernon Bridge Replacement Project. 10 10/6/2003 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 25. ORD. MC-1152 - An Ordinance of the City of San Bernardino amending Section 12.68.020A of the San Bernardino Municipal Code relating to hours of use of public parks. FINAL READING Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that said ordinance be adopted. Ordinance No. MC-1152 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 26. RES. 2003-273 - Resolution of the Mayor and Common Council of the City of San Bernardino accepting a grant deed from Southern California Edison Company for property located on the north side of Nolan Street, between Ogden and Kern Streets, San Bernardino, and dedicating the property for Water Department use. Council Member/Commissioner Derry stated he would abstain on Agenda Item No. 26 because he is employed by the Southern California Edison Company. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2003-273 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Suarez, Anderson, McCammack. Nays: None. Abstentions: Council Member/Commissioner Derry. Absent: None. 27. SCAG Visioning Project (Continued from September 15, 2003) Note: No backup material was submitted. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of October 20, 2003. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 11 10/6/2003 28. RES. 2003-277 - Resolution of the City of San Bernardino approving a Side Letter to Resolution No. 2001-94, establishing a Compensation and Benefits Plan for the Management/Confidential and Unclassified Employees, amending Section I, PERS, Safety Employees, Subsection 5, for Police Safety Management. (Continued from September 15, 2003) Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2003/04 Adopted Budget and transfer $54,944 from the General Government budget (Account No. 001- 092-5011) to the Police Department budget (various personnel line items). The motion carried and Resolution No. 2003-277 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 29. RES. 2003-278 - Resolution of the City of San Bernardino amending Resolution 6413, Section Thirteen, Temporary/Part-time Employees, entitled in part A "Resolution... establishing a basic compensation plan..." by updating information codifying prior Council actions. (Continued from September 15, 2003) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted; that the Mayor and Common Council approve salary increases for the following Headstart/Preschool positions, effective September 1, 2003: Teacher/Director from $15.47 to $16.33; Teacher from $13.45 to $14.19; Teacher Aide from $9.12 to $9.62; Typist Clerk (Headstart) from $9.46 to $9.99; and that Resolution No. 6413, Section Thirteen, be amended to reflect these particular actions. The motion carried and Resolution No. 2003-278 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff Present Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack; Deputy City Attorney Empeno (Item R30), City Attorney Penman, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: None. 12 10/6/2003 R30. Public hearing - Tax and Equity Fiscal Responsibility Act (TEFRA) to consider the California Statewide Communities Development Authority issuance of bonds for the proposed new Inland Behavioral and Health Services, Inc. Medical Facility Resolution of the Mayor and Common Council of the City of San Bernardino approving the issuance of bonds by the California Statewide Communities Development Authority for the proposed new Inland Behavioral and Health Services, Inc. Medical Facility. Note: No backup material was submitted. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the matter be continued to the Council/Commission meeting of November 17, 2003. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. R31. J. R. Watson & Associates Development Co., Inc. - residential proposal - 147-acre development north of Foothill Drive, east of Sterling Avenue - "West Ridge" RES. 2003-279 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Redevelopment Agency of the City of San Bernardino ("Agency") to enter into a 2003 Redevelopment Project Study Agreement for Property Acquisition and Redevelopment Assistance with J. R. Watson & Associates Development Co., Inc. related to property owned by the City of San Bernardino ("City") and the Agency north of Foothill Drive, east of Sterling Avenue - West Ridge Residential Development. (R31A) RES. CDC/2003-32 - 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 2003 Redevelopment Project Study Agreement for Property Acquisition and Redevelopment Assistance with J. R. Watson & Associates Development Co., Inc. related to property owned by the City of San Bernardino ("City") and the Agency north of Foothill Drive, east of Sterling Avenue - West Ridge Residential Development. (R31B) 13 10/6/2003 Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McGinnis, that said resolutions be adopted. Mayor and Council Resolution No. 2003-279 and Community Development Commission Resolution No. CDC/2003-32 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 32. Public Comments Gloria Hooker, a San Bernardino resident, stated that City employee Judy Johnson had been rude and obstinate with her recently, and she believed that Ms. Johnson owed her an apology and that something should be placed in her personnel file. Erica McKinney, 3167 North Pico Avenue, San Bernardino, CA, a 16-year-old student from San Bernardino High School, expressed her disappointment and shock with the disparaging remarks made by City Attorney Penman to Mayor Valles and members of the Council at the Council meeting of September 15, 2003. Sam Lock, 3238 Roberds Avenue, San Bernardino, CA, a 16-year-old student from Cajon High School, spoke regarding the manner in which City Attorney Penman had maligned the Mayor and various members of the Council at the Council meeting of September 15, 2003. Tracylyn Sharrit, 3238 Roberds Avenue, San Bernardino, CA, stated that she wanted to thank the Mayor and Council for the grace and dignity they showed during the last City Council meeting. Reba Hewitt, 2805 Mirada Road, Highland, CA spoke regarding the ongoing problems associated with the expansion of the San Manuel Indian Tribe's gaming operations in San Bernardino, stating that they have obtained public land illegally and are building in noncompliance with Federal regulations. Jan Misquez, 355 South Meridian Avenue, San Bernardino, CA, stated that she was seeking the office of Third Ward Council Member and provided a brief synopsis of her background and qualifications. James Penman, 221 East Marshall Boulevard, San Bernardino, CA, expressed his support for Jan Misquez and Chas Kelley, who are running for the Council seats in the Third and Fifth Wards respectively. 14 10/6/2003 S1. Authorize hire of Temporary Legal Assistant - October 1, 2003 through December 31, 2003 - no benefits/$9 per hour Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the Mayor and Common Council authorize the City Attorney to hire a Temporary Legal Assistant for the period October 1, 2003, through December 31, 2003, with no benefits, at $9 per hour, for the purpose of providing support staff coverage during the absence of the Executive Secretary due to work -related medical leave; authorize the establishment of one (1) position of Temporary Legal Assistant, Range Temp., $9.00/hour; and direct the Human Resources Department to update Resolution 6413, Section 13, to reflect this action. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 33. Adjournment The meeting adjourned at 7:24 p.m. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1:30 p.m., Monday, October 20, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 34 No. of Hours: 4 RACHEL G. CLARK City Clerk By: 4".'& '�). !V u'� Linda' Hartz !I Deputy City Clerk 15 10/6/2003