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HomeMy WebLinkAbout11-03-2003 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 3, 2003 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission and San Bernardino City Housing Authority of the City of San Bernardino was called to order by Mayor/Chairman Valles at 1:38 p.m., Monday, November 3, 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, McGinnis, Derry, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. 1. Closed Session A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): Luis Espinoza v. City of San Bernardino, Officer Pry, Officer Snyder - San Bernardino Superior Court Case No. SCVSS 096647; Ruby Howard v. City of San Bernardino & Does I through 100, Inclusive - San Bernardino Superior Court Case No. SCVSS 095713; People of the State of California by. and through the Department of Transportation v. Gary Kevin Darby, et al. - San Bernardino Superior Court Case No. SCVSS 102449; Morris Barnes, Jodie Basse v. City.of San Bernardino, City of San Bernardino Police Department, Det. John Munoz, Unknown Male Det. 1 (light brown hair), Supervisor Law Enforcement Officer (gray hair, heavy set), Supervisor Law Enforcement Officer (slim), Unknown female uniformed officer (young and Hispanic), Unknown male 11/3/2003 uniformed officer, Unknown male Detective 2, Unknown male Detective 3, Unknown male Detective 4 - United States District Court Case No. EDCV 03-0130V AP (SGL). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to suhdivision (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 Ie) 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 City Professional Fire Fighters' Association G. Conference with real property negotiatnr - pursuant to Government Code Section 54956.8: 1. Property : 247 W. Third Street Negotiating Parties: Gary Van Osdel, Executive Director on behalf of the Economic Development Agency and Gerry Newcombe, Deputy Administrative Officer, County of San Bernardino 2 11/3/2003 Under Negotiation: Purchase price, terms and conditions CITY OF SAN BERNARDINO HOUSING AUTHORITY CLOSED SESSIOr\ ITEMS 2. Property: 185 E. King Street (Vacant) APN 0135-292-09 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the City of San Bernardino Housing Authority, and Jess Reyes and Milie Mendoza, property owners Under Negotiation: Purchase price, terms and conditions 3. Property: 155 E. 2n., Street (Vacant Lot) APN 0135-291-10 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the City of San Bernardino Housing Authority, and Louis Salas, property owner Under Negotiation: Purchase price, terms and conditions City Attorney Penman advised that the following additional matter would be discussed in closed session: Under Agenda Item IB, Anticipated litigation - significant exposure to litigation: A few instances of property owners who have threatened to sue the City as a result of these fires, and as part of that, parts of Agenda Item No. 20 as it relates to significant exposure to litigation. Reading of Resolutions & Ordinances Deputy City Clerk Hartzel 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 and San Bernardino City Housing Authority. 3 11/3/2003 Invocation/Pledge of Allegiance The invocation was given by Sister Marita Beumer of St. Bernardine's Catholic Church, followed by the pledge of allegiance, led by Council Member/Commissioner Longville. Moment of Silence Mayor Valles requested a moment of silence in memory of former Councilman John Hobbs, who recently passed away; James McDermith and Charles Cunningham, who died as a result of the recent fires; and Firefighter Steven Rucker of Novato, California, who perished while fighting the fires. 2. Appointments There were no Commission appointments. 3. Proclamations & Presentations There were no proclamations or presentations. 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. In addition, Fire Chief Larry Pitzer, Police Chief Garrett Zimmon, City Administrator Fred Wilson, Executive Assistant to the Mayor David Pruitt, and Director of Public Services Lynn Merrill provided updates on various aspects of the recent fires, the recovery efforts, and concerns relative to luture rain and possible flooding. 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 agenda of the Mayor and Common Council! Community Development Commission/San Bernardino City Housing Authority, be waived. The motion carried by the following vote: Commissioners Estrada, Longville, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Council Members/ Derry, Suarez, Anderson, 4 11/3/2003 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: October 6, 2003. The motion carried by the following vote: Commissioners Estrada, Longville, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Council Members/ Derry, Suarez, Anderson, 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 October 20, 2003, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Commissioners Estrada, Longville, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Council Members/ Derry, Suarez, Anderson, 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 October 28, 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 vole: Commissioners Estrada, Longville, McGinnis, McCannnack. Nays: None. Absent: None. Ayes: Council Members/ Derry, Suarez, Anderson, 9. Set dinner workshop - Monday, November 17, 2003 at 5:00 p.m. - Strategic Education Services, state legislative services - EDA Boardroom Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council set a dinner workshop for Monday, November 17, 2003, at 5:00 p.m. in the Economic Development Agency Boardroom for a presentation by Strategic 5 11/3/2003 Education Services, state representatives, regarding legislative advocacy program for the upcoming year. The motion carried by the following vote: Commissioners Estrada, Longville, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Council Members/ Derry, Suarez, Anderson, 10. Authorize Director of Development Services to execute Change Order No. One to contract with KC Construction - Phase 1 Pavement Rehabilitation on Hospitality Lane between Carnegie Driye and Gage Canal per Plan No. 10571 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 $6,500.00 to contract with KC Construction for Phase I Pavement Rehabilitation on Hospitality Lane between Carnegie Drive and Gage Canal per Plan No. 10571. The motion carried by the following vote: Commissioners Estrada, Longville, McGinnis, McCannnack. Nays: None. Absent: None. Ayes: Council Members/ Derry, Suarez, Anderson, II. RES. 2003-289 - Resolution of the City of San Bernardino approving Services Agreements with AMEC Earth & Environmental, Inc., Converse Consultants, and K1einfelder, Inc. for provision of Professional Construction Material Testing Services. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2003-289 was adopted by the following vote: Members/Commissioners Estrada, Longville, McGinnis, Anderson, McCammack. Nays: None. Absent: None. Ayes: Council Derry, Suarez, 12. RES. 2003-290 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Bonadiman-McCain, Inc. for Timber Creek improvements from East Twin Creek to 4,016.93' east per Plan No. 10069. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 03/04 budget for the Timber Creek Storm Drain Project to increase the revenue and expenditure budgets by 6 11/3/2003 $190,000 in account numbers 248-000-4651-7141 and 248-368-5504-7141 respectively to reflect the IVDA additional share of the project costs. The motion carried and Resolution No. 2003-290 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCannnack. Nays: None. Absent: None. 13. RES. 2003-291 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to David T. Wasden, Inc. for 9th Street Storm Drain Improvements from Waterman Avenue to East Twin Creek Channel per Plan No. 10676. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2003-291 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 14. RES. 2003-292 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution...designating certain streets, or portions thereof as through highways..." and establishing a four way stop at the intersection of Pedley Road and Monterey Avenue. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2003-292 was adopted by the following vote: Members/Commissioners Estrada, Longville, McGinnis, Anderson, McCammack. Nays: None. Absent: None. Ayes: Council Derry, Suarez, 15. Establish parking restrictions - west side of Waterman Avenue between Gilbert Street and Sixteenth Street RES. 2003-293 - 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 7:00 p.m. and 7:00 a.m. on the west side of Waterman Avenue between Gilbert Street and Sixteenth Street, except from one-hundred sixty feet south of Evans Street to one-hundred feet north of Evans Street. (15A) 7 11/3/2003 RES. 2003-294 - 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 west side of Waterman Avenue between Gilbert Street and Sixteenth Street, except from one-hundred sixty feet south of Evans Street to one-hundred feet north of Evans Street. (15B) Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that said f(~solutions be adopted. Resolution Nos. 2003-293 and 2003-294 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, LongviIle, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 16. Set Public Hearing - Proposed Expenditures of Monies allocated from the FY 2003/2004 Citizen's Option for Public Safety (COPS) funds Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council set a public hearing for 4:00 p.m. on Monday, November 17, 2003, relative to the proposed expenditure plan for the awarded Citizen's Option for Public Safety (COPS) funding for FY 200312004. The motion carried by the following vote: Commissioners Estrada, Longville, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Council Members/ Derry, Suarez, Anderson, 17. Set Public Hearing - Proposed Expenditures of Monies allocated from the FY 2003/2004 Local Law Enforcement Block Grant (LLEBG) funds Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council set a public hearing for 4:00 p.m. on Monday, November 17, 2003, relative to the proposed expenditure plan for the awarded Lo<:al Law Enforcement Block Grant (LLEBG) funding for FY 200312004. The motion carried by the following vote: Commissioners Estrada, Longville, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Council Members/ Derry, Suarez, Anderson, 8 11/3/2003 18. 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 Estrada made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council confirm the need for continuing in effect the "leal emergency caused by the Old Waterman Canyon Fire. The motion carried by the following vote: Commissioners Estrada, Longville, McGinnis, McCannnack. Nays: None. Absent: None. Ayes: Council Members/ Derry, Suarez, Anderson, 19. Legislative Task Force update Note: No backup materials were distributed. Council Member/Commissioner Longville stated that she would like to continue this item to the Council/Commission meeting of November 17, 2003. 20. Authorize the City Attorney's Office to provide legal advice to residents and/or property owners of the City of San Bernardino whose property was damaged or destroyed in the recent fires; authorization that lawyers who volunteer their services to assist in this endeavor be coordinated through the Office of the City Attorney (See related Agenda Item No. NB1, page 16) Council Member/Commissioner Suarez asked how this service was going to be different from the services already being provided to the public by other agencies. City Attorney Penman stated that past experience has shown that when you are dealing with volunteer attorneys, after the first few weeks the number tends to drop off significantly; therefore, the bask difference is that his staff is permanent and paid, and they will be there until the end, or at least until December 31,2004. He added that this service would only be for those people who reside in, or own property in the city of San Bernardino. Mr. Penman advised that the $60,000 appropriation in Motion #3B would be for professional liability insurance to cover the City and the attorneys involved from the City Attorney's office, in the event a claim might be filed. 9 11/3/2003 _.~_~__."_._.____...,____,."'M___"_""___'__"~_"""_.____._._.______'_". _._.________y_._._______,_~___.________~__ Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Derry, that the Mayor and Common Council authorize the City Attorney's office to provide legal advice to residents and/or property owners of the City of San Bernardino whose property was damaged or destroyed in the recent fires, such authorization does not include litigation and shall not extend beyond December 31, 2004; that the use of volunteer lawyers from the legal community to assist in this temporary program shall be coordinated through the Office of the City Attorney; and that the Director of Finance be authorized to amend the Fiscal Year 2003-2004 adopted budget and appropriate $60,000 from the Budget Reserve to the City Attorney's Office Budget Item Professional/Contractual Services (Account No. 001-051-5502). The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson, McCammack. Nays: Council Member/Commissioner Suarez. Absent: None. City Attorney Penman advised that since the Mayor and Council had approved this item, it would be necessary to adopt a resolution which would declare the City self-insured for the purpose of professional liability until such time as the insurance comes into effect; and it would take a two-thirds vote to determine that the need to take action arose subsequent to the posting of the agenda. 21. Resolutions authorizing the Mayor to apply for grant funds under the provisions of the 2002 Resources Bond Act (Proposition 40) for two programs: the Roberti-Z'Berg-Harris Urban Open Space and Recreation Program and the Per Capita Grant Program RES. 2003-296 - Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to apply for grant funds for the Roberti-Z'Berg-Harris Urban Open Space and Recreation Program under the provisions of the 2002 Resources Bond Act (proposition 40). (21A) RES. 2003-297 - Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to apply for grant funds for the Per Capita Program under the provisions of the 2002 Resources Bond Act (Proposition 40). (21B) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that said resolutions be adopted. Resolution Nos. 2003-296 and 2003-297 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 10 11/3/2003 22. Appeal Hearing - Planning Commission's approval of Conditional Use Permit No. 03-18, to establish an RV repair, prep, and reconditioning center within an existing commercial building, with RV parking and display outdoors, located at 125 E. Club Center Drive in the CR-3, Commercial Regional, land use district Mayor/Chairman Valles opened the hearing. City Planner Valerie Ross provided an overview of the staff report. She concluded her remarks by stating that the proposal by La Mesa RV to expand its RV facility is a permitted use, subject to a conditional use permit; and that staff believes this is a good use for this vacant building and hopes it will entice other similar businesses into the area. She added that staff also believes the fence (which the appellant finds objectionable) will not be obtrusive, especially with the added landscaping. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Mark Vapnik, Shaco, Inc., 333 South Grand Avenue #2020, Los Angeles, CA, the appellant, stated that they own the adjacem property to the east of the subject property and objected to the conditional use permit for three reasons: 1) The fence, and division of the center by the fence_ which would destroy the concept of what is called "The Club"; 2) that the fence would create the feeling of a jail; and 3) the matter of prescriptive easement to the site. He stated that their main concern is the fence, which is intended to divide the parking lots they have been sharing and using for the past 13 years, basically eliminating their right to use the space. Mr. Vapnik stated that based on the decision of the Planning Commission, La Mesa RV is supposed to build a 6-foot fence; however, Shaco believes that building hundreds of square feet of that type of fence around the La Mesa RV property will create a major obstacle in the look of the entire center. He ascertained that only after the hearing did they learn that La Mesa RV was intending to put a couple of large gates on the fence separating the two properties, totaling over 60 feet, which would not be concealed by the landscaping that was intended to create a barrier to try and conceal the fence. Mr. Vapnik stated that in the packet that they received prior to the hearing, mistakenly, those gates were not marked; therefore, they could not actually mention them at that time. He added that it was his belief that even the 11 11/3/2003 Planning Commission was not aware of the gates at that time because the map did not indicate them. According to Mr. Vapnik, La Mesa RV initiated building an 81f2-foot fence, when the request was for a 6-foot fence, and they did not pull any permits. In addition, they did not submit to the City any plans for the landscaping they were instructed to provide. Mr. Vapnik stated that basically Shaco would urge the City and its departments to ensure that proper landscaping plans are submitted, hopefully with elimination of the gates, which were not described to them or shown to the Planning Commission at its meeting, to approve landscaping that will be as concealing as possible and as nicely done as possible, and to make sure that La Mesa RV builds the fence at the proper height. Rick Berardi, La Mesa RV, 7430 Copley Park Place, San Diego, CA, advised that the gate referred to by Mr. Vapnik was listed on the plans that were submitted at the Planning Commission meeting. He stated that the gate is just an entrance for them to be able to drive into the area. He stated that what the Planning Commission had asked them to do, and what they had agreed to do, was move the fence back into the 10- foot setback area and try to soften the look of the fence with landscaping-not necessarily to conceal it. He also submitted landscape drawings of what they plan to do W lth plants and shrubs to soften the look of the fence. Mr. Barardi stated that it is important for them to put a fence at that location due to the motorhomes parked there, which represent millions of dollars worth of investment. He explained that the area has some problems with security, with a lot of homeless people around due to the nearby railroad tracks-that just this month they have had three break-ins-and the fence is definitely important to their security. Responding to questions from members of the Council, Mr. Berardi verified that the fence would be 6 feet high and in compliance with the CUP. Council Member/Commissioner McCammack asked Ms. Ross if the 6-foot fence was installed without a permit. Ms. Ross stated that La Mesa R V started installing the fence; however, she called Mr. Berardi and asked them to stop working on the fence and they did. Ms. McCammack asked whether Ms. Ross concurred that the gates were listed on the plans which were presented to the Planning Commission. Ms. Ross answered in the affirmative, stating that the need to get the RVs into the area was discussed at the Planning Commission meeting. 12 11/3/2003 Jon Zane, 958 North La Cadena, Colton, cA, architect for La Mesa RV, explained that there were gates in the plan all along-that actually there were two gates in the original proposal and they have closed the one in the back. He stated that they did create a 10- foot landscape setback to soften the appearance of the fence. In addition, all of the parking shown at the upper part of the drawing is really on La Mesa RV property, hut they are leaving that open for the appellant's use and trying to be a good neighbor. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council close the hearing and deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 03-18, based upon the Findings of Fact contained in the Planning Commission Staff Report, subject to the Conditions of Approval and Standard Requirements. The motion carried by the following vote: Commissioners Estrada, Longville, McGinnis, McCannnack. Nays: None. Absent: None. Ayes: Council Members/ Derry, Suarez, Anderson, COMMUNITY DEVELOPMENT COMMISSION Staff Present Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack: Senior Assistant City Attorney Carlyle; Economic Development Agency Executive Director Van Osdel and Special Counsel Sabo, City Clerk Clark. Absent: None. R23. Transfer title of property owned by the Redevelopment Agency located at 247 West Third Street, APN 1986-01-03, to the County of San Bernardino to accommodate future Courthouse expansion Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the matter be tabled. The motion carried by the following vote: Commissioners Estrada, Longville, McGinnis, McCannnack. Nays: None. Absent: None. Ayes: Council Members/ Derry, Suarez, Anderson, 13 11/3/2003 R24. Amendment No.1 to the HOME Grant Agreement - TELACU I Housing- San Bernardino, Inc. (Central City North Redevelopment Project Area) CDC/2003-35 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Agency to execute Amendment No. 1 to the HOME Grant Agreement by and between the Redevelopment Agency and TELACU I Housing - San Bernardino, Inc., a California nonprofit Corporation (6'" and F Street TELACU Senior Housing Project - Central City North Redevelopment Project Area.) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. CDC/2003-35 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. R25. Conditional two (2) year contract extension - Diana L. Sanchez, Neighborhood Initiative Program (NIP) Coordinator CDC/2003-36 - 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 Amendment No. 4 (two (2) year extension) to the Diana L. Sanchez, Neighborhood Initiative Program (NIP) Coordinator Consultant Services Agreement, subject to funding approval by the County of San Bernardino NIP Program. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDC/2003-36 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 26. Public Comments Tracylyn Sharrit, 3238 Roberds Avenue, San Bernardino, CA, expressed her dismay that people are using personal tragedies for political gain. Chehab Elawar, 3695 Hemlock, San Bernardino, CA, stated that he was speaking to honor those individuals who made a difference during the recent fires. He also suggested some type of training program that would enable 14 11/3/2003 members of the general public, including young people, to operate pumps with hoses in the event such a tragedy should occur again. Melanie Hastings, 2587 Periwinkle Drive, San Bernardino, CA, spoke in support of Joe Suarez for the Fifth Ward Council seat, and provided rebuttal to several accusations made regarding Mr. Suarez during the past several weeks. Robert Rego, 607 East 20th Street, San Bernardino, CA, expressed support for the re-election of Joe Suarez as Fifth Ward Councilman. Paul Sanborn, 3559 Genevieve, San Bernardino, CA, thanked Ms. Estrada for taking care of the cemetery; wished all candidates in the upcoming election good luck; and suggested that the phone system in the Development Services Department be revamped in anticipation of the great influx of calls relative to the fires. Wendy McCammack, 634 East Parkdale Drive, San Bernardino, CA, Seventh Ward Councilwoman, presented a commendation to Steven Christianson for his efforts in combating the fire, possibly saving SiX homes. John Ragsdale, 3756 Osbun Road, San Bernardino, CA, although displaced from his home by the fire, stated he was proud of this city and overwhelmed by the clean-up efforts and other activities of City employees. Joe Ramirez, 6984 North Little League Drive, San Bernardino, CA, expressed gratitude to Rick A vila for protecting and saving his home from the fire. Jan Misquez, 355 South Meridian, San Bernardino, CA, candidate for the Third Ward Council seat, provided rebuttal to allegations made by her opponent in a recent mailer sent to Third Ward constituents. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that he was glad the San Manuel Indian Tribe had invested in fire fighting equipment, which he believed had saved several homes from burning. John Stevens, 4097 Pershing, San Bernardino, CA, spoke regarding the fires, the grocery workers' strike, and the need for universal health care. 15 11/3/2003 NB1. RES. 2003-295 - Resolution of the Mayor and Common Council of the City of San Bernardino declaring the City to be self-insured from November 3, 2003 until the effective policy date of the Lawyers Professional Liability Insurance for professional liability claims, lawsuits and/or judgments, etc. arising from the legal advice given to victims and/or property owners whose property was damaged or destroyed in the recent fires in the City of San Bernardino. (See related Agenda Item No. 20, page 9) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the matter arose subsequent to the posting of the agenda. The motion carried by the following vote: Ayes: Commissioners Estrada, Longville, McGinnis, Derry, McCannnack. Nays: None. Absent: None. Council Members/ Suarez, Anderson, Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-295 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson, McCammack. Nays: None. Absent: None. Council Suarez, 27. Adjournment At 8: 15 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino is scheduled for 1:30 p.m., Monday, November 17, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By ~.t!tzlf~ Deputy City Clerk No. of Items: 28 No. of Hours: 4.75 16 11/3/2003