Loading...
HomeMy WebLinkAbout06-04-2001 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JUNE 4,2001 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 Valles at 8:12 a.m., Monday, June 4,2001, 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 Valles; Council Members Estrada, Lien, McGinnis, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Member Schuetz. Senior Assistant City Attorney Carlyle announced that the following additional case would be discussed in closed session: Carolyn Miles & Russell East v. City of San Bernardino, Lee Dean, Craig Keith, Dan Keil, Mark Magill, Daniel Ireland, Mark Aranda, Does 1-10 - Federal Court Case No. CV 99-9765 DDP (MCX). RECESS MEETING - CLOSED SESSION (Discussed later in the meeting - page 7) (1) At 8:12 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Mary Armendarez v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 65936. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. 1 6/4/2001 C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. Appointment Project Manager, Mayor's Office E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. CLOSED SESSION At 8:12 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: Council Member Schnetz. Also present: Senior Assistant City Attorney Simmons, Deputy City Attorneys Bryant, Easland, and Empeiio, and Administrative Operations Supervisor Anderson, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular, supplemental, and addendnm to the supplemental agendas of the Mayor and Common Council and Community Development Commission while the Mayor and Common Council and Community Development Commission were in closed session. COUNCIL MEMBER SCHNETZ ARRIVED At 8:20 a.m., Council Member Schnetz arrived at the closed session. 2 6/4/2001 ADJOURN CLOSED SESSION At 8:48 a.m., the closed session adjourned to 9 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9:04 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Memhers Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: None. INVOCATION The invocation was given by Ms. Pat Tyler of the Book of Acts Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Elias Gonzales, a student at Ramona Alessandro Elementary School. APPOINTMENTS CIVIL SERVICE BOARD & CONTROL COMMISSION - MAYOR V ALLES ANIMAL (2) Mayor Valles submitted a staff report dated May 30, 2001, regarding the appointment of Ruth Petrucci to the Civil Service Board and also requested the appointment of Lori Agon to the Animal Control Commission. Council Member McGinnis made a motion, seconded by Council Member Anderson, and unanimously carried, that the appointments of Ruth Petrucci to the Civil Service Board and Lori Agon to the Animal Control Commission, as requested by Mayor Valles, be approved. PRESENTATION - JABRIA FIELDS - NO.1 IN STATE TRACK & FIELD COMPETITION (3) Mayor Valles presented a certificate of recognition to Jabria Fields, a student at San Bernardino Valley College, who currently holds the NO.1 spot in the State track and field competition. 3 6/4/2001 PRESENTATION - SAN BERNARDINO VALLEY LIGHTHOUSE FOR THE BLIND - 50TH ANNIVERSARY (3) Mayor Valles presented a certificate of recogrutJon and commendation to Richard Gonzales, President of the Board of Directors, Lighthouse for the Blind, in recognition of their 50th Anniversary. Mrs. Miller, a former student and current instructor at the Lighthouse, and student Michelle Negrete spoke regarding the wonderful opportunities offered to the blind through the Lighthouse. Mr. Robert McBay, Director, advised that the organization is completely self-supporting and all of their services are offered free of charge. ANNOUNCEMENTS - LARRY QUIEL (4) Larry Quiel, representing the San Bernardino Area Chamber of Commerce, announced several upcoming community events taking place during the month of June. ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4) Council Member McCammack announced that Junior University is holding rehearsals for Pinocchio, which will be playing at the Perris Hill Bowl the last week of July and first week of August; and noted that they need volunteers to help with costumes, advertising, etc. She also thanked the North End Neighborhood Association for hosting the first town hall meeting. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson thanked the newspaper for their coverage on the new senior citizen housing complex in her ward. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez commented on the success of the recent Soap Box Derby and thanked all the volunteers who helped to make the event successful, including the local Rotary Club, Danny Flores (who incorporated a car show into the event), Max Alonso and Los Padrinos, and Ruben Nunez of The Lords. He advised that the Verdemont Cluster Group had a successful cleanup day, collecting over 16 tons of trash, and thanked all the volunteers who participated in the event. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz stated that he would highly recommend the patio dinner and jazz music featured at the Castaways Restaurant on Friday evenings from 5 p.m. to closing. 4 6/412001 ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis announced the various concerts being held at Court Street Square every Friday evening during the month of June from 6-9 p.m. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Memher Lien stated that the West Side Pit Barbecue, a five-star restaurant on Highland Avenue between Waterman Avenue and Sierra Way, also has a great jazz quartet; advised that she had attended the grand opening of the Tribal Indian Center, a new facility on Highland A venue east of Sterling, where they are using Proposition 10 monies to help mothers and children under the age of 10 with healthy parenting and children grants, incorporated through Indian culture; announced that "Pride Day" would be held on June 30, a special kind of cleanup day in residential areas west of Waterman Avenue, between Baseline and Highland Avenue; and announced that on Monday, June 11, at 5:30 p.m. there would be a Responsible Choices community forum at the County Government Center. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada congratulated the Kiwanis of Greater San Bernardino for the health fair recently held at Casa Ramona; and announced that there would be another health fair on June 9, sponsored by Libreria del Pueblo at 972 North Mt. Vernon Avenue. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles made the following announcements: She advised that The Business Press was receiving nominations for their 2001 Leaders of Distinction A ward, an award based on outstanding leadership and pioneering skills, and she was pleased and honored to announce that City Clerk Rachel Clark had been nominated for her numerous civic and community endeavors. She advised that the winner would be announced on July 13 at a special luncheon honoring all nominees. Reminded citizens that the latest issue of "News of the City" was included in the June 1 edition of The County Sun. Commented on the various Memorial Day activities, stating that the Riverside National Cemetery had a very moving program honoring our nation's veterans. Congratulated Council Member Suarez and the Rotary Clubs who sponsored this year's Soap Box Derby. 5 6/4/2001 Announced a program being held at the local libraries called "Books and Beyond. . . Take Me To Your Reader," which will take place from June 16 to August 25. The Mayor also provided the following update regarding the City's varIOus public works projects: The following projects have been completed: Phase 10 Slurry Seal Contract in the Fifth and Seventh Wards, sidewalk repairs and access ramp improvements downtown, and the city-wide guardrail repair project. The ADA improvements to the Nunez pool facility are underway and Seccombe Lake Park facility improvements will begin shortly. A pavement rehabilitation project on Sixth Street between "E" and "H" Streets is currently being advertised and construction should begin in July or August, subject to Council approval. The following three Congestion Management Air Quality funded projects are currently being advertised and should begin this summer subject to Council approval and availability of traffic signal materials: . Traffic signal and improvements at Sierra and Rialto . 40th Street signal interconnect . Traffic signal and improvements at 16th Street and Medical Center Drive Repair work on various sections of Waterman Avenue between Ninth Street and Baseline is slated to begin early this month. Sidewalk repair work has begun at various locations throughout the city and is expected to be completed by August 31. Many of the repairs are due to tree roots, requiring removal of the tree. Residents will be notified prior to the start of work; however, if they have any questions they should call the Public Services Departtnent at 384-5335. ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4) City Administrator Wilson announced that the first budget workshop would be held on Wednesday, June 6, at 2 p.m., and would be broadcast to the public on June 7, 8, and 9 at 8 p.m. 6 6/412001 CLOSED SESSION & GENERAL ANNOUNCEMENTS CLERK CLARK (Discussed earlier in the meeting - page 1) - CITY (1&4 ) City Clerk Clark announced that in closed session the following action had been taken: Motion made by Council Member Estrada, seconded by Council Member Schnetz, and unanimously carried, to hire Timothy E. Cook as a Project Manager in the Mayor's Office at Range 4511, with a three-year contract effective June 25,2001. Ms. Clark announced that the Mayor's Office in collaboration with the Chamber of Commerce is planning the second annual Fourth of July Stars and Stripes Parade, and encouraged any organizations or community groups who wish to participate to contact Judi Penman, Executive Director of the Chamber of Commerce, at 885-7515 for additional information; expressed "Get Well" wishes to Wally Green of the Mayor's Office, who is recuperating from a recent illness; and announced that the Rotary Breakfast Club was sponsoring the 14th Annual Tin Man Triathlon on Sunday, June 24, at Cal State, and anyone wanting to participate should call her at 384-5002 or Council Member Joe Suarez at 384-5278. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Anderson made a motion, seconded by Council Member Schuetz, and unanimously carried, that full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council/Community Development Commission, be waived. COUNCIL MINUTES (6) Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino, be approved as submitted in typewritten form: February 20, 2001; March 5,2001. CLAIMS AND PAYROLL (7) Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated May 29, 2001 from Barbara Pachon, Director of Finance, be approved. 7 6/412001 PERSONNEL ACTIONS (8) Council Member Anderson made a motion, seconded by Council Member Schnetz, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated May 29, 2001, 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. RES. 2001-129A - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING SUBMITTAL OF A LOAN APPLICATION TO THE CALIFORNIA ENERGY COMMISSION FOR THE IMPLEMENTATION OF ENERGY EFFICIENCY IMPROVEMENT PROJECTS. (11) RES. 2001-130 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING THAT THE CITY OF SAN BERNARDINO'S PRIMARY ELECTION BE CONSOLIDATED WITH THE NOVEMBER 6, 2001 CONSOLIDATED ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. (12) ORD. MC-I098 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING CHAPTER 19.06 (COMMERCIAL DISTRICTS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ADD TEXT ALLOWING DRIVE- THRU RESTAURANTS IN THE CR-3 LAND USE DISTRICT. (15) RES. 2001-131 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR PARCEL MAP NO. 15537, LOCATED AT THE NORTHWEST CORNER OF KENDALL DRIVE AND UNIVERSITY PARKWAY, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (16) 8 6/4/2001 RES. 2001-132 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO PURCHASE FOUR NEW FIRE APPARATUS FROM PIERCE MANUFACTURING INC., SOLICIT BIDS TO PURCHASE ANCILLARY EQUIPMENT, AND ENTER INTO A LEASE PURCHASE AGREEMENT TO FUND THE PURCHASES. (19) RES. 2001-133 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING SUBMITTAL OF AN ASSISTANCE TO FIREFIGHTERS GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) IN THE AMOUNT OF $286,367. (20) RES. 2001-134 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE RENEWAL OF A MAINTENANCE CONTRACT FOR MAINTENANCE SERVICES ON THE COMPUTER-AIDED-DISPATCH SYSTEM (CAD), POLICE RECORDS MANAGEMENT SYSTEM (PRMS) AND MOBILE DATA SOFTWARE USED BY THE POLICE AND FIRE DEPARTMENTS FROM TIBURON, INC., OF FREMONT, CALIFORNIA. (21) RES. 2001-135 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO AWARD AN ANNUAL PURCHASE ORDER AND SERVICE AGREEMENT FOR THE CITY'S 800 MHz VOICE/DATA BACKBONE, MDC MAINTENANCE, DISPATCH CONSOLE MAINTENANCE, AND USER EQUIPMENT MAINTENANCE WITH THE COUNTY OF SAN BERNARDINO'S 800 MHz GROUP. (22) RES. 2001-136 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO AWARD AN ANNUAL PURCHASE ORDER AND SERVICE AGREEMENT, WITH TWO SINGLE YEAR RENEWAL OPTIONS, TO EXIGEN GROUP (FORMERLY DATAMAX TECHNOLOGIES) OF CULVER CITY, CALIFORNIA, FOR MAINTENANCE OF THE DOCUMENT IMAGING SYSTEM. (23) RES. 2001-137 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 2001/2002 PURCHASE OF SERVICES WITH VERIZON CALIFORNIA FOR FRAME RELAY SERVICES PROVIDING CONNECTIVITY OF CITY REMOTE SITES TO CITY HALL. (24) 9 6/412001 RES. 2001-138 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE RENEWAL OF THE EXISTING MAINTENANCE CONTRACT FOR POLICE AND FIRE MOBILE DATA COMPUTERS (MDCS) WITH MOTOROLA CORPORATION OF RIVERSIDE, CALIFORNIA. (25) RES. 2001-139 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO AWARD AN ANNUAL PURCHASE ORDER AND SERVICE AGREEMENT, WITH TWO SINGLE YEAR RENEWAL OPTIONS, TO HARRIS COMPUTER SYSTEMS FOR MAINTENANCE AND SUPPORT OF UNIDATA, SB+ AND FINANCIAL MODULES FOR THE CITY'S FINANCIAL SYSTEM AND THE MUNICIPAL WATER DEPARTMENT'S FINANCIAL SYSTEM. (26) RES. 2001-140 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 2001/2002 MAINTENANCE CONTRACT WITH MBS/CONNECTING POINT (FORMERLY CATG) FOR MAINTENANCE OF THE CITY'S COMPUTER AND NETWORKING HARDWARE AND OPERATING SYSTEM SOFTWARE. (27) RES. 2001-141 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN CITY RECORDS OF THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT. (28) RES. 2001-142 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE A CONTRACT WITH THE COUNTY OF SAN BERNARDINO TO PROVIDE YOUTH MENTORING SERVICES AS PART OF COMMUNITY CHALLENGE GRANT FOR THE PERIOD OF JULY 1,2001 THROUGH JUNE 30,2002. (29) . RES. 2001-143 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO ACCEPT THE FY 2001/2002 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG). FUNDING WILL BE PROVIDED BY ASSET FORFEITURE FUND #108-271-5193. (30) 10 6/4/2001 RES. 2001-144 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING SUBMITTAL OF 2001/2002 USED OIL RECYCLING BLOCK GRANT APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD. (32) Council Member Anderson made a motion, seconded by Council Member Schuetz, and unanimously carried, that said resolutions and ordinance be approved. Resolution Nos. 2001-129A through 2001-144 and Ordinance No. MC-1098 were approved by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING SUBMITTAL OF THE 2001/2002 CALIFORNIA HEALTHY CITIES AND COMMUNITIES RENEWAL APPLICATION REQUESTING GRANT FUNDS FOR A STUDENT BLIGHT EDUCATION PROGRAM. (Discussed later in the meeting - page 16) (33) Note: This item was approved with the other Consent Calendar items noted above; however, City Clerk Clark advised that Agenda Item No. 33 should have been pulled from the Consent Calendar; therefore, no resolution number was assigned, and later in the meeting the approval of the item was rescinded and the matter was continued. APPROVE GRANT APPLICATION CONGESTION MITIGATION/AIR QUALITY (CMAQ) FUNDS - TO CONSTRUCT EAST VALLEY REGIONAL LCNG FUELING FACILITY (9) Fred Wilson, City Administrator, submitted a staff report dated May 24, 2001, regarding approval to submit a grant application for Congestion Mitigation/Air Quality funds for the construction of an East Valley Regional LCNG Fueling Facility. Council Member Estrada expressed her support of the project, stating that it was wonderful to see San Bernardino taking a proactive attitude towards things--that this LNG facility is an example of that proactive mode that we are in--and congratulated the Mayor and her staff for their efforts in bringing the City of San Bernardino to this point. 11 6/4/2001 Council Member Estrada made a motion, seconded by Council Member Suarez, and unanimously carried, that the Mayor and Common Council approve submittal of the application for CMAQ funds in the amount of $911,859; approve the project implementation schedule as outlined in the application; and commit to allocate required local matching funds of $118,141 (if the project is selected for CMAQ funding). RES. 2001-145 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUPPORTING THE GRASSROOTS NETWORK PROPOSED BY THE BOARD OF DIRECTORS OF THE LEAGUE OF CALIFORNIA CITIES. (10) Council Member Lien stated that she wanted the public to be aware that the League of California Cities has gone through a complete reorganization, and soon there will be ten field offices which will provide some greatly needed assistance to the City in our lobbying efforts. Council Member Lien made a motion, seconded by Council Member Schnetz, that said resolution be adopted. Resolution No. 2001-145 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2001-146 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH LOS PADRINOS, YOUTH SERVICES INC. A NON-PROFIT ORGANIZATION, TO IMPLEMENT A COMPREHENSIVE CITY WIDE GRAFFITI REMOVAL PROGRAM. (13) Council Member Lien acknowledged and complimented the Los Padrinos organization for their sign removal program, stating that they have removed 2,775 illegal signs throughout the city which have been cited by Code Compliance staff during the past year. Council Member Lien made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 2001-146 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 12 6/4/2001 RES. 2001-147 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER BETWEEN THE CITY OF SAN BERNARDINO AND H & H CITRUS, INC., AND SCOTT TRACTOR SERVICE RELATING TO DISCING OF VACANT PROPERTIES FOR WEED ABATEMENT SERVICES. (14) Discussion ensued regarding how much money is actually collected from the weed abatement work and where it is itemized in the budget. Council Member Anderson stated that she would like to receive a docnment which shows accumulative totals of how much the City has spent performing abatement work and also how much has been collected for this work. City Administrator Wilson advised that staff would report back to the Council on this matter. Code Compliance Director Baude stated that approximately 6,000 notices are sent out each year regarding weed abatement, and this year there will be approximately 1,000 properties that the City will have to disc. Council Member Suarez made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 2001-147 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. COUNCIL MEMBER McCAMMACK EXCUSED Council Member McCammack stated that she would abstain from voting on Agenda Item No. 17 because her business was located within 500 feet of the project and left the meeting at 9:51 a.m. RES. 2001-148 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO LAMBCO ENGINEERING, INC. FOR REMOVAL OF EXISTING SIDEWALK AND INSTALLATION OF IRRIGATION SYSTEM AND TREE GRATES ON HIGHLAND AVENUE FROM "E" STREET TO SIERRA WAY. (17) Discussion ensued regarding the scope of this project and the amount of time it has taken to bring it to completion, the actual process of how the trees would be planted and connected to the irrigation system, and possible ways to prevent vandalism of the trees, which has been a problem in the past. 13 6/4/2001 Council Member Lien advised that she has received numerous telephone calls regarding the type of tree to be planted, noting that Queen Palms have been selected by the Highland A venue business merchants--that they feel very strongly this is the look they want to have. Council Member McGinnis made a motion, seconded by Council Member Estrada, that the Mayor and Common Council authorize the Director of Finance to amend the fiscal year 2000-2001 budget to increase budget Account No. 126-369-5504- 5040 by $19,500 and reflect the associated reduction in unappropriated fund balance; and that said resolution be adopted. The motion carried and Resolution No. 2001-148 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson. Nays: None. Abstentions: Council Member McCammack. Absent: None. COUNCIL MEMBER McCAMMACK RETURNED At 9:54 a.m., Council Member McCammack returned to the Council meeting and took her place at the council table. RES. 2001-149 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY'S PARTICIPATION IN A TERRORISM DOMESTIC PREPAREDNESS TRAINING PROGRAM AND ACCEPTANCE OF AN EQUIPMENT AND ADMINISTRATIVE GRANT FROM THE U.S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF $310,000. (18) The Council questioned how the City of San Bernardino was selected for this program. Fire Chief Pitzer stated that the Federal Government looked at 120 of the most populated cities in the region and selected those with the most potential for terrorist acts; however, they did not provide specific information. He added that part of the program the City will go through is a threat assessment to determine where the City truly stands in terms of terrorism threats. Council Member McGinnis made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2001-149 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Ahsent: None. 14 6/4/2001 RES. 2001-150 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER FOR SIX (6) COMMERCIAL FRONT LOAD REFUSE COLLECTION TRUCKS TO ARATA EQUIPMENT COMPANY OF SAN CARLOS CALIFORNIA, TO BE UTILIZED BY THE PUBLIC SERVICES REFUSE DIVISION; AND AUTHORIZING THE PURCHASING MANAGER TO SOLICIT COMPETITIVE LEASE RATE QUOTES FOR THE LEASE-PURCHASE OF THE SIX TRUCKS. (31) Lynn Merrill, Director of Public Services, advised that six bids had been received. He stated that staff had gone through an extensive evaluation process, which allowed them to look at the vehicles from both an operational and maintenance standpoint. It was noted that the City currently has 20 Amrep side loaders and eight front loaders; however, staff was recommending the purchase of Labrie vehicles from Arata Equipment company. George Newland, Lead Mechanic, provided an overview of why staff felt the Labrie truck was superior, including the fact that the bin raises automatically, the windshield cannot be smashed during operation, the arms are made out of single blades rather than several pieces, and it doesn't depend on nylon shoes to prevent the blade from riding on the floor, causing excessive wear and tear. At this time City Clerk Clark administered the oath to Eric Mattson that he would provide truthful testimony. Eric Mattson, owner of Amrep, Inc., 1555 South Cucamonga Avenue, Ontario, CA, submitted a docnment titled, Opposition, Agenda Item No. 31, June 04, 2001, Submitted by Rush Truck Centers and Amrep, Inc. Mr. Mattson spoke in opposition to awarding the hid to Arata Equipment and provided a comprehensive review of the handout given to the Council. He noted that the bid quotation from Rush Truck Center (for Amrep vehicles) was $38,529.85 per unit less than the Arata Equipment quotation for a total price difference for the six units of $231,179.10. He also spoke in rebuttal to some of the statements made by Mr. Newland. Council Member McGinnis stated that he considered the information provided by staff very seriously, that the City has had several different problems with its current fleet of trucks, and he did not think it was unreasonable to consider a bid that, although it is not the lowest, would provide an opportunity for the City to try a vehicle that might work better. 15 6/4/2001 Council Member McGinnis made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2001-150 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING SUBMITTAL OF THE 2001/2001 CALIFORNIA HEALTHY CITIES AND COMMUNITIES RENEWAL APPLICATION REQUESTING GRANT FUNDS FOR A STUDENT BLIGHT EDUCATION PROGRAM. (Discussed earlier in the meeting - page 11) (33) City Clerk Clark advised that Agenda Item No. 33 had been approved earlier in the meeting with the Consent Calendar; however, it should have been continued to the next meeting. She advised that the Council would need to reconsider its previous action and then pass a motion to continue the item. Council Member McGinnis made a motion, seconded by Council Member Lien, and unanimously carried, that the Mayor and Common Council reconsider Agenda Item No. 33. Council Member McGinnis made a motion, seconded by Council Member McCammack, and unanimously carried, that the Mayor and Common Council rescind the previous action taken to approve the resolution authorizing submittal of the 2001/2002 California Healthy Cities and Communities grant application for funds for a Student Blight Education Program; and that the matter be continued to the Mayor and Council meeting ofJune 18,2001. REQUEST TO CONTINUE TO SEPTEMBER 4, 2001 RESOLUTION APPROVING FINAL MAP - TENT A TIVE TRACT NO. 14112 - LOCATED NORTHEASTERLY OF FOOTHILL DRIVE & STERLING A VENUE INTERSECTION (Continued from March 5, 2001) (34) James Funk, Director of Development Services, submitted a staff report dated May 24, 2001, requesting that the Final Map for Tentative Tract No. 14112 be continued to the Council meeting of September 4, 2001. Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the Final Map for Tentative Tract No. 14112 be continued to the Mayor and Council meeting of September 4,2001. 16 6/4/2001 CABLE NETWORK PROGRAM PRODUCTION & TRANSMISSION AGREEMENT (Continued from May 21, 2001) (35) Mayor Valles advised that additional time was needed to finalize the agreement and accompanying resolution. Council Member Suarez made a motion, seconded by Council Member Anderson, and unanimously carried, that the matter be continued to the Mayor and Council meeting of June 18, 2001. UPDATE - LEAGUE OF CALIFORNIA CITIES LEGISLATIVE TASK FORCE - COUNCIL MEMBER LIEN (36) Council Member Lien provided an update on the activIties of the League of California Cities Legislative Task Force. She noted that representatives of the task force had recently lobbied against three really terrible bills. Two of the bills, at least temporarily, are no longer a threat to the City; however, SB 910, a bill which would impose fines and withhold gas tax monies if a city's Regional Housing Needs Assessment Plan is out of compliance, is still up in the air. She stated it was a particularly devastating bill to San Bernardino, and encouraged people to contact their legislators asking them not to take any action that would harm our city. UTILITY USERS TAX (UUT) - REBATE PROGRAM (37) Council Member Schuetz submitted a staff report dated May 30, 2001, regarding a Utility Users' Rebate Program and distributed an additional handout titled, Utility User Tax Options. Council Member Schnetz advised that this matter had been discussed at the recent Ways and Means Committee meeting and everyone on the committee endorsed the recommended plan. Mr. Schuetz stated that there were two parts to the plan--Part 1 would entail a rebate to residents and businesses of 100 percent of their Utility Users Tax billed on electricity for the summer months of July and August. He stated that details for implementing the rebate process are still to be determined; however, the deadline for the rebate would be December 31,2001. He stated that Part 2 of the plan would be to adopt a Utility Users Tax reduction formula that would establish a methodology for reducing the UUT, which would ultimately provide a long-term mechanism for elimination of the tax. No formal action was taken on this matter. 17 6/4/2001 RES. 2001-151 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A DEVELOPMENT FEE DEFERRAL AGREEMENT WITH THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY. (38) Bernard Kersey, General Manger of the Water Department and a member of the Management Committee of the San Bernardino Regional Water Resources Authority, submitted a staff report dated May 31, 2001, regarding the proposed deferral of development fees for the San Bernardino Valley Municipal Water District's development of a water reservoir in Phase 1A of Vision 20/20. Mr. Kersey reviewed highlights of the staff report and provided an overview of the fees which would be subject to a deferral, amounting to $124,580. He explained that the benefit to the City is that through the Joint Powers Authority the City will get all the planning work done at no cost. Council Member Estrada stated that when this item was brought before the Joint Powers Authority she had a problem with the waiver and with the deferral of fees because she had no idea what the amount would be. She advised that with the additional information provided in the staff report she was now ready to support the item. Council Member McCammack pointed out that the deferral is conditioned upon the Authority submitting a complete land development permit application to the City for the overall project. In addition, all California Environmental Quality Act (CEQA) requirements must be met prior to submittal of the land development permit application. She advised that she would vote to approve the deferral at this time, with the understanding that the complete project must go through many steps and processes before it is finally complete; however, if at a later date she feels that the project may not be good for the city as a whole, she might withdraw her support. Council Member Estrada made a motion, seconded by Council Member Suarez, that said resolution be adopted. Resolution No. 2001-151 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. At this time, Agenda Item Nos. Sl and S2 were considered simultaneously by the Mayor and Common Council. 18 6/4/2001 WAIVE FEE - LIBRERIA DEL PUEBLO HEALTH FAIR - $868 (SI) WAIVE FEE - INLAND BEHAVIORAL & HEALTH SERVICES HEALTH FAIR - $390 (S2) James Funk, Director of Development Services, submitted staff reports dated May 30, 2001, recommending that the Mayor and Common Council approve a waiver of fees for the upcoming health fairs sponsored hy Libreria Del Pueblo and Inland Behavioral and Health Services. Council Member Anderson questioned the disparity hetween the two fees. Valerie Ross, Principal Planner, advised that Libreria Del Pueblo was providing and serving food and would need extra refuse bins, and this accounted for the increased fees. Council Member Suarez made a motion, seconded by Council Member McGinnis, and unanimously carried, that the Mayor and Common Council approve fee waivers in the amount of $868 for the Libreria Del Pueblo Health Fair and $390 for the Inland Behavioral and Health Services Health Fair. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A BUDGET AMENDMENT TO INCREASE THE POLICE DEPARTMENT'S FY 00/01 ASSET FORFEITURE EXPENDITURE BUDGET FROM THE ASSET FORFEITURE UNDESIGNATED FUND BALANCE. (AS1) Mayor Valles advised that said budget amendment would be included during the new budget process and requested that the matter be tabled. Council Member Estrada made a motion, seconded by Council Member Suarez, and unanimously carried, that the matter be tabled. AMENDMENT TO AGREEMENT WITH DEPARTMENT OF GENERAL SERVICES - STATE OFFICE BUILDING AGREEMENT (PHASE II) (R39) (Note: No backup material was submitted and, therefore, will not be available for review.) 19 6/4/2001 Council Member Schuetz made a motion that the matter be continued to the Mayor and Common Council/Community Development Commission meeting of June 18, 2001. Senior Assistant City Attorney Carlyle advised that since Agenda Item No. R39 would not be considered today, but would be re-agendized for the next regular meeting, no motion for continuance was required. Council Member Schuetz withdrew his motion. PUBLIC COMMENTS (40) There were no public comments. ADJOURNMENT (41) At 10:57 a.m., the meeting was adjourned to 2 p.m., Wednesday, June 6, 2001, in the Economic Development Agency Boardroom, 201 North "E" Street, for budget deliberations. RACHEL G. CLARK, CMC City Clerk By b- ~ IJ4J Linda E. Hartzel Deputy City Clerk No. of Items: 44 No. of Hours: 3 20 6/4/2001