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HomeMy WebLinkAbout06-20-2005 MinutesMayor Judith Valles CITY OF SAN BERNARDINO Council Members: Esther Estrada 300 N. "D "Street Susan Longvitte San Bernardino, CA 92418 Gordon McGinnis Neil Derry Website: www.sbcity.org Chas Kelley Rikke Van Johnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JUNE 20, 2005 ECONOMIC DEVELOPMENT AGENCY BOARDROOM RECONVENE - CLOSED SESSION 1:30 P.M. - COUNCIL CHAMBERS Due to posting requirements, the City Attorney advised that the closed session portion of the meeting that had been scheduled for 11:30 a.m. in the Economic Development Agency Boardroom could not be held. The joint regular meeting of the Mayor and Common Council, Community Development Commission, and the San Bernardino City Housing Authority of the City of San Bernardino was called to order by Mayor Pro Tem/Acting Chairman Kelley at 1:39 p.m., Monday, June 20, 2005, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by Assistant to the City Clerk Medina with the following being present: Mayor Pro Tem/Acting Chairman Kelley; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, Assistant to the City Clerk Medina, City Administrator Wilson. Absent: Mayor/Chairman Valles. Mayor/Chairman Valles Arrived At 1:42 p.m., Mayor/Chairman Valles arrived at the Council/Commission meeting. 06/20/2005 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Ghassan N. Abdullah, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 126706; Deanna Helena Petrovna Adams v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 126708; Mary Ahmed v. City of San Bernardino - Workers Compensation Appeals Board Case No. SBR 0321446; Pamela Rodriguez v. City of San Bernardino - Workers Compensation Appeals Board Case No. SBR 0275258; Kenneth Brown v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 107526; Benjamin Brown v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 107399; Ralph Romero v. James Penman, et al. - United States District Court Case No. 5:05-C V-00329SGL; Sequenta Lawrence v. City of San Bernardino, et al. - United States District Court Case No. EDCV 04-00336RJ (SGLx); Russell Barkus v. City of San Bernardino, et al. - United States District Court Case No. EDCV 01-962 CJC (SGLx); Shirley Goodwin v. City of San Bernardino, et al. - United States District Court Case No. EDCV 98-66 RT (VAPx); Ronald Van Rossum v. City of San Bernardino, et al. - Office of Administrative Hearings - State of California L-2005020229; Kimberlyn Hearns v. City of San Bernardino, et al. - United States District Court Case No. EDCV 03-01434 RT (SGLx); Tom Gronewald v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 114580; 2 06/20/2005 Mohammed Hassan v. City of San Bernardino, et al. - United States District Court Case No. EDCV 05-328 VAP (SGLx); Patrick Major v. City of San Bernardino, et al. - Department of Fair Employment and Housing Case No. E2004 05 D 1756-00-C; San Bernardino Professional Firefighters, et al. v. Larry Pitzer, et al. - San Bernardino Superior Court Case No. SCVSS 125902; People of the State of California v. Manta Management Corporation, et al. - San Bernardino Superior Court Case No. SCV 18157. 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: Doris Anderson, Steven Kennedy, et al. v. City of San Bernardino Claim of Harold Sykes People of the State of California v. San Bernardino Municipal Water Department C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Proper : 247 West Third Street Negotiating Parties: Judith Valles, Mayor, on behalf of the Redevelopment Agency, property owners, and Gerry Newcombe, Deputy Administrative Officer, on behalf of the County of San Bernardino Under Negotiation: Purchase price, terms and conditions 3 06/20/2005 2. Property: That parcel consisting of approximately 67.75 acres identified as Parcel 1-2 at the San Bernardino International Airport, and generally bounded by Harry Sheppard Boulevard, Del Rosa Drive, Paul Villasenor Boulevard, and Memorial Drive Negotiating Parties: Don Rogers on behalf of the Inland Valley Development Agency. David Newsom on behalf of Hillwood/San Bernardino LLC. Bruce Varner on behalf of Stater Bros. Markets. James F. Penman on behalf of the City of San Bernardino Under Negotiation: Terms and conditions IVDA Redevelopment Project Area (North Arden Guthrie Area) 3. Property: 2105 North McKinley Avenue APN 1191-021-66 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Fidelity Bank, property owner(s) Under Negotiation: Purchase price, terms, and conditions 4. Property: 2176 North McKinley Avenue APN 1191-021-30 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Fairbanks Capital Corporation, property owner(s) Under Negotiation: Purchase price, terms, and conditions Central City North Redevelopment Project Area (Downtown Acquisition Program) 5. Property: 796 West 5' Street; 770 West 5`h Street; 746 West 5' Street; Vacant land, APN 0134-054-25; 0134- 054-26; 0134-054-07; 0134-054-24 Negotiating Parties: William R. Bland; Raul M. Najera & Catalina A. Barrera Cantoran; The Salvation Army; Fook Sung Investment Co. Ltd., property owners, and Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency Under Negotiation: Purchase price, terms, and conditions 6. Property: 696 West 5' Street APN 0134-061-21, 22, 25 and 30 4 06/20/2005 Negotiating Parties: Christopher Ko, Henry Ko and Bruce Ko, property owners, and Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency Under Negotiation: Purchase price, terms, and conditions 7. Proper 795 West 5' Street; 755 West 5' Street; 745 West 5' Street; 723-739 West 5' Street; 701 West 5' Street; Vacant land; Vacant land; 450 North G Street; 708-720 West 4' Street; 734 West 4' Street, APN 0134-093-41; 0134-093-40; 0134- 093-05,06; 0134-093-07; 0134-093-08, 09; 0134- 093-10; 0134-093-11; 0134-093-44; 0134-093-45; 0134-093-19. 20 and 43 Negotiating Parties: Tien Lee International; Sweta Patel, Premila Patel and Dashrath Patel; Patrick A. Abitante; Walter L. B. Ammons; Leonard & Patricia Faas, Family Trust; Parlock Holdings, LLC; Protea Hotel, Inc; Protea Hotel, Inc.; Chiyo Lapham; Penhun Ltd./Expo Ltd., property owners, and Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency Under Negotiation: Purchase price, terms, and conditions 8. Property: 495 North G Street; 673 West 5' Street; Vacant land, APN 0134-101-28; 0134-101-02, 03; 0134-101-04, 05,06 Negotiating Parties: Allied Capital Investments, LLC; San Bernardino School Property; Charles and Sarah Garner, Trust, property owners, and Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency Under Negotiation: Purchase price, terms, and conditions City Attorney Penman announced that the following items would be discussed in closed session: Property: APN 0134-021-29 Negotiating Parties: Independent Trinity Church of God in Christ, property owner(s), and Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency; and Property: APN 0145-242-32 and APN 0145-242-33 Owner/Seller: Mayor Judith Valles, on behalf of the Redevelopment Agency of the City of San Bernardino, property owner(s) Buyer: San Bernardino City Unified School District 5 06/20/2005 Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council, Community Development Commission, and the San Bernardino City Housing Authority. Invocation/Pledge of Allegiance The invocation was given by Council Member/Commissioner Kelley, followed by the pledge of allegiance, led by Maria Salas and Teresa Gomez, students from Bradley Elementary School. Moment of Silence Mayor/Chairman Valles expressed condolences to the family and requested a moment of silence in memory of Penny Nelson, who worked for the City's Senior Companion Program for more than 15 years, and recently retired when she was diagnosed with terminal cancer. 2. Appointments There were no commission appointments. 3. Presentations The First Quarter 2005 Customer Service Award was presented to Mark Wine, Police Records Technician Trainee, for his exemplary work, friendly demeanor and professionalism. June Durr, Public Information Officer, Mayor's Office, introduced the following students from San Bernardino who were chosen to travel to San Bernardino's Sister City of Tachikawa, Japan, and will present the Mayor of Tachikawa with a gift from Mayor Valles: Brittany Estrada, representing Aquinas High School, daughter of Ruben and Lori Estrada; Meghan Boodry Sikes from San Gorgonio High School, daughter of Rick and Rebecca Sikes; Sneha Tambat from Arroyo Valley High School, whose parents are Suhas and Chhaya Tambat; and James Tasso, representing Cajon High School, son of Mike and Susan Tasso. The Citizen of the Month Award, a new community recognition program created by Councilman Rikke Van Johnson to acknowledge deserving citizens throughout the City, was presented to James Espinoza, Principal of Martin Luther King Middle School; and Jewel Rabb, President of the Neighborhood Watch Association and actively involved in the "National Night Out" program held annually at Perris Hill Park. Each honoree received a plaque, a bumper sticker, a City pin, and a family pack to attend a game at Arrowhead Stadium. 6 06/20/2005 9 June Durr, Public Information Officer, Mayor's Office, read the names of the following individuals who were presented a service pin award by Mayor/Chairman Valles in recognition of their many years of dedicated service to the City: Name Michael Ashbaker Sandra Woods Rick Moreno Cinder (arson dog) Robert Snyder Jackie Waithe Matt Melvin Department Animal Control Code Compliance Facilities Management Fire Police Police Public Services Years of Service 5 5 5 5 (special retirement pin) 5 5 5 Captain John Payne from the Fire Department Arson Task Force introduced their new arson dog, Diesel; and Irene Dominguez, Fire Department Public Education Officer, launched the City's Fourth of July/Summer Safety Campaign. The Council meeting recessed to the City Hall Plaza for a press conference to observe a demonstration of Diesel's skills and to hear more about fire safety and fireworks. 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 and Ordinances Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council, Community Development Commission, and the San Bernardino City Housing Authority, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 06/20/2005 6. Council Minutes Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the minutes of the following meeting of the Mayor and Common Council, Community Development Commission, and the San Bernardino City Housing Authority of the City of San Bernardino be approved as submitted in typewritten form: May 16, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7. Personnel Actions Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Chief Examiner, dated June 13, 2005, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8. 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 Johnson, that the Mayor and Common Council confirm the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8 06/20/2005 9. RES. 2005-154 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Gresham, Savage, Nolan & Tilden and the City of San Bernardino to represent the City in the case of Deanna Helena Petrovna Adams v. City of San Bernardino, a California Municipality, San Bernardino Valley Municipal Water District, a public entity - San Bernardino Superior Court Case No. SCVSS 126708. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-154 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2005-155 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Gresham, Savage, Nolan & Tilden and the City of San Bernardino to represent the City in the case of Ghassan N. Abdullah, Lucy Romero, Steve Veloz, Felix Willa, Rosemary Lane, Diane Hayes, Nathaniel Grant, Kim Goodstein, Regina Flores, S.M. Alvarez v. City of San Bernardino, a California Municipality, San Bernardino Valley Municipal Water District, a public entity - San Bernardino Superior Court Case No. SCVSS 126706. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-155 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. RES. 2005-156 - Resolution of the Mayor and Common Council of the City of San Bernardino acknowledging the receipt and filing of the Annual Statement of Investment Policy for the period July 1, 2005 through June 30, 2006. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-156 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. RES. 2005-179 - Resolution of the City of San Bernardino authorizing execution of a Services Agreement with Los Padrinos, Youth Services Inc., a non-profit organization. 9 06/20/2005 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-179 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2005-157 - Resolution of the City of San Bernardino authorizing purchase orders with Scott Tractor Service, Larry Jacinto Farming, and Inland Empire Property Service for a maximum of $130,000 in the aggregate to perform weed abatement services for Fiscal Year 2005/2006. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-157 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. Education Revenue Augmentation Fund (ERAF) Redevelopment Project Area Plan Amendments ORD. MC-1198 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the State College Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the Redevelopment Plan for the State College Redevelopment Project Area; and making other findings in connection therewith. FINAL READING. (14A) ORD. MC-1199 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Central City North Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the Redevelopment Plan for the Central City North Redevelopment Project Area; and making other findings in connection therewith. FINAL READING. (14B) ORD. MC-1200 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Central City West Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the Redevelopment Plan for the Central City West Redevelopment Project Area; and making other findings in connection therewith. FINAL READING. (14C) 10 06/20/2005 ORD. MC-1201 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Southeast Industrial Park Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the Redevelopment Plan for the Southeast Industrial Park Redevelopment Project Area; and making other findings in connection therewith. FINAL READING. (14D) ORD. MC-1202 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Northwest Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the Redevelopment Plan for the Northwest Redevelopment Project Area; and making other findings in connection therewith. FINAL READING. (14E) ORD. MC-1203 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Tri City Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the Redevelopment Plan for the Tri City Redevelopment Project Area; and making other findings in connection therewith. FINAL READING. (14F) ORD. MC-1204 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the South Valle Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the Redevelopment Plan for the South Valle Redevelopment Project Area; and making other findings in connection therewith. FINAL READING. (14G) ORD. MC-1205 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Uptown Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the Redevelopment Plan for the Uptown Redevelopment Project Area; and making other findings in connection therewith. FINAL READING. (14I) ORD. MC-1206 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Mount Vernon Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the Redevelopment Plan for the Mount Vernon Redevelopment Project Area; and making other findings in connection therewith. FINAL READING. (14I) ORD. MC-1207 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Meadowbrook/Central City Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project Area; and making other findings in connection therewith. FINAL READING. (14J) 11 06/20/2005 ORD. MC-1208 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Central City South Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the Redevelopment Plan for the Central City South Redevelopment Project Area; and making other findings in connection therewith. FINAL READING. (14K) ORD. MC-1209 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Central City East Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the Redevelopment Plan for the Central City East Redevelopment Project Area; and making other findings in connection therewith. FINAL READING. (14L) Council Member/Commissioner McCammack stated that she would be abstaining on Item 14H because she owns property in the Uptown Redevelopment Project Area. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said ordinances A-L, be adopted. Ordinance Nos. MC-1198 through MC-1209 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/ Commissioner McCammack (Item 14H only). Absent: None. 15. ORD. MC-1197 - An Ordinance of the City of San Bernardino amending Ordinance No. MC-1188, establishing a moratorium on certain new businesses and the relocation of said businesses in the City. FINAL READING. Council Member/Commissioner McCammack stated that because she had some minor concerns with the policy, she was prepared to initiate an amendment to be discussed at the next Council meeting. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said ordinance be adopted. Ordinance No. MC-1197 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. Resolutions approving the 2005/2006 Assessment Rolls - various Assessment Districts 12 06/20/2005 RES. 2005-180 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 951, Zone 1 and Zone 2, Landscaping Construction and Maintenance District, Wagonwheel Road area. (16A) RES. 2005-181 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 952, Zone 1, Zone 2, Zone 2A, and Zone 3, Landscaping Construction and Maintenance District, State University area. (16B) RES. 2005-182 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 953, Landscaping Maintenance District, 16' Street and Medical Center Drive area. (16C) RES. 2005-183 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 956, Landscaping Maintenance District, Carnegie Drive area. (16D) RES. 2005-184 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 959, Zone 1, Landscaping Maintenance, Shandin Hills area. (16E) RES. 2005-185 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 962, Sewer Lift Station Maintenance District, Pine Avenue area. (16F) RES. 2005-186 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 963, Sewer Lift Station Maintenance District, Allen Street area. (16G) RES. 2005-187 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 968, Landscaping Maintenance District, Airport Drive. (16H) RES. 2005-188 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 974, Landscaping Maintenance District, Rialto Avenue and Eucalyptus Avenue area. (16I) RES. 2005-189 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 975, Landscaping Maintenance District, Pepper Avenue and Mill Street area. (16J) RES. 2005-190 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 976, Landscaping Maintenance District, Pine Avenue and Belmont Avenue area. (16K) 13 06/20/2005 RES. 2005-191 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 981, Landscaping Maintenance District, Meridian Avenue and Randall Avenue area. (16L) RES. 2005-192 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 982, Landscaping Maintenance District, Piedmont Drive area. (16M) RES. 2005-193 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 986, Landscaping Maintenance District, Rialto Avenue and Macy Street area. (16N) RES. 2005-194 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 989, Sewer Lift Station and Landscaping Maintenance District, Mill Street and Macy Street area. (160) RES. 2005-195 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 991, Landscaping Maintenance District, Verdemont Drive and Olive Avenue area. (16P) RES. 2005-196 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 993, Landscaping Maintenance District, Cajon Boulevard and June Street area. (16Q) RES. 2005-197 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 997, Landscaping Maintenance District, Chestnut Avenue area. (16R) RES. 2005-198 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1001, Landscaping Maintenance District, Pennsylvania Avenue and Birch Street area. (16S) RES. 2005-199 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1002, Landscaping Maintenance District, "H" Street area. (16T) RES. 2005-200 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1005, Landscaping Maintenance District, Cajon Boulevard and Pepper Linden Avenue (Campus Parkway) area. (16i) 14 06/20/2005 RES. 2005-201 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1007, Landscaping Maintenance District, Pepper Avenue and Randall Avenue area. (16V) RES. 2005-202 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1012, Landscaping Maintenance District, Mill Street and Burney Street area. (16W) RES. 2005-203 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1016, Landscaping Maintenance District, Coulston Street area. (16X) RES. 2005-204 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1017, Landscaping Maintenance District, Kendall Avenue and Pine Avenue area. (16Y) RES. 2005-205 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1018, Northpark Boulevard and Mountain Drive Acquisition Assessment District. (16Z) RES. 2005-206 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1019, Landscaping Maintenance District, Northpark Boulevard and Mountain Drive area. (16AA) RES. 2005-207 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1020, Landscaping Maintenance District, Mill Street and Dallas Avenue area. (16BB) RES. 2005-208 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1023, Landscaping Maintenance District, Elm Avenue and Coulston Street area. (16CC) RES. 2005-209 - Resolution of the City of San Bernardino confrming the 2005/2006 Assessment Roll for Assessment District No. 1024, Landscaping Maintenance and Sewer Lift Station District, Inland Center Drive and Riverwalk Drive area. (16DD) RES. 2005-210 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1025, Landscaping Maintenance District, Palm Avenue and Washington Street area. (16EE) 15 06/20/2005 RES. 2005-211 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1027, Landscaping Maintenance District, Waterman Avenue and Washington Street area. (16FF) RES. 2005-212 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1028, Landscaping Maintenance District, Ohio Avenue and Walnut Avenue area. (16GG) RES. 2005-213 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1029, Landscaping Maintenance District, California Street and 16`h Street area. (16HH) RES. 2005-214 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1030, Landscaping Maintenance District, Magnolia Avenue and Ohio Avenue area. (16II) RES. 2005-215 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1031, Landscaping Maintenance District, Irvington Avenue and Olive Avenue area. (16JJ) RES. 2005-216 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1032, Landscaping Maintenance District, Palm Avenue and Verdemont Drive area. (16KK) RES. 2005-217 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1035, Zone 1 and Zone 2, Landscaping Construction and Maintenance District, Palm Avenue and Meyers Road area. (16LL) RES. 2005-218 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1036, Landscaping Maintenance District, Northpark Boulevard and Campus Parkway area. (16MM) RES. 2005-219 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1037, Landscaping Maintenance District, Belmont and Magnolia area. (16NN) RES. 2005-220 - Resolution of the City of San Bernardino confirming the 2005/2006 Assessment Roll for Assessment District No. 1038, Landscaping Maintenance District, Orange Show Road and Arrowhead Avenue area. (1600) 16 06/20/2005 Council Member/Commissioner Kelley stated that he would be abstaining on Item 16B because he resides in that Assessment District. Council Member/Commissioner Johnson stated that he would be abstaining on Item 16C. Council Member/Commissioner Derry stated that he would be abstaining on Item 16AA because he is in the process of purchasing a new home that may be located in that Assessment District. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that said resolutions A-Z and AA-00, be adopted. Resolution Nos. 2005-180 through 2005-220 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Members/ Commissioners Derry (Item 16AA only), Kelley (Item 16B only), Johnson (Item 16C only). Absent: None. 17. Authorization to amend the FY 2004/05 adopted budget to replace two cooling towers at the Carousel Mall Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council authorize the Director of Finance to amend the FY 2004/05 adopted budget and increase Account No. 001-321-5706, Facilities Renovations, by $92,000 and the offsetting revenue Account No. 001-000-4670, EDA Reimbursements, by $92,000 to reflect the Central City Bond Proceeds to be received. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the purchasing manager or designee to issue a purchase order to Johnson Equipment Co. for a Fire Department Command Vehicle. Council Member/Commissioner McCammack stated that during agenda briefing staff had discussed the possibility of giving a portion of this purchase order to a local vendor; therefore, the City Administrator had decided that it was necessary to table this item. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the matter be tabled. 17 06/20/2005 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Note: Later in the meeting, staff requested that the Mayor and Council reconsider this matter, and the following actions were taken: Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council reconsider Agenda Item No. 18. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council reject all bids. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2005-158 - Resolution of the City of San Bernardino authorizing the Purchasing Manager to award an annual purchase order and service agreement, with two single year renewal options, to Accela, Inc. for the maintenance and support of the Permits+ System. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-158 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2005-159 - Resolution of the City of San Bernardino authorizing the renewal of the existing maintenance contract for Police document imaging system workflow software and scanning station hardware/software with Avrio Corporation of Glendale, CA. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. 18 06/20/2005 Resolution No. 2005-159 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2005-160 - Resolution of the City of San Bernardino authorizing the Purchasing Manager to award an annual purchase order and service agreement for the City's 800 MHz voice/data backbone, MDC maintenance, dispatch console maintenance, jail lock maintenance and user equipment maintenance with the County of San Bernardino's 800 MHz Group. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-160 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2005-161 - Resolution of the City of San Bernardino authorizing the renewal of the existing maintenance contract for the Police Document Imaging System with Filenet Corporation of Irvine, California. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-161 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. RES. 2005-162 - 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. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-162 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. RES. 2005-163 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a Fiscal Year 2005/2006 maintenance contract with NPA Computers Inc. for maintenance of the City's computer and networking hardware and operating system software. 19 06/20/2005 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-163 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. RES. 2005-164 - Resolution of the City of San Bernardino authorizing the renewal of the existing maintenance contract for Stratus Servers with Stratus Technologies of Maynard, Massachusetts. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-164 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. RES. 2005-165 - 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), Jail Management (JAIL), and Mobile Data Software Suites used by the Police and Fire Departments from Tiburon, Inc., of Fremont, California. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-165 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. RES. 2005-166 - Resolution of the Mayor and Common Council of City of San Bernardino authorizing the Mayor or her designee to execute Amendment No. 15 to the Agreement between the City and Casa Ramona, Inc. relating to the operation of a drop -in center located at 1524 West 7' Street, San Bernardino, California, to extend the term of the Agreement for an additional one year period. Council Member/Commissioner Estrada stated that she would be abstaining on this item because Casa Ramona is her employer. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. 20 06/20/2005 Resolution No. 2005-166 was adopted by the following vote: Ayes: Council Members/Commissioners Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent: None. 28. RES. 2005-167 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a change order in the amount of $6,000 to Purchase Order No. 998592 to Inland Acoustics, Inc. for the repair of water damaged restroom roof at Anne Shirrells Park. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-167 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29. RES. 2005-168 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute a contract between the County of San Bernardino Preschool Services and the City of San Bernardino to continue the Head Start/Preschool Program at Delmann Heights Community Center for FY 2005-2006 beginning July 1, 2005 through June 30, 2006. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-168 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 30. RES. 2005-169 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute Amendment No. 2 to administer a grant in the amount of $188,853 from San Bernardino County Department of Aging and Adult Services for the administration of the Senior Nutrition Program. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-169 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21 06/20/2005 31. RES. 2005-170 - Resolution of the City of San Bernardino authorizing the Chief of the San Bernardino Police Department to execute a Memorandum of Understanding with the California State University Police of San Bernardino. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-170 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 32. RES. 2005-171 - Resolution of the City of San Bernardino ratifying the submittal of a grant application and authorizing the Police Department to administer the Alcohol Beverage Control Grant funds in accordance with the Grant Expenditure Plan. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-171 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 33. RES. 2005-172 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an annual purchase order, with three (3) single year renewal options, to Arata Equipment Co. for the purchase of specific Labrie equipment parts and supplies utilized by the Public Services Fleet Division. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-172 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 34. RES. 2005-173 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to an annual purchase order to Arrow Auto Air and Transmission for automotive, light and medium duty truck transmission service, repair and overhaul for the City's fleet. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. 22 06/20/2005 Resolution No. 2005-173 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 35. RES. 2005-174 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to an annual purchase order to Fairview Ford, for services and materials to support the City's light vehicle fleet. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-174 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 36. RES. 2005-175 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the increase of combined annual purchase orders, to Fleet Pride and McCray Enterprises for heavy duty vehicle brake and gear work, including purchase of various related parts. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-175 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 37. RES. 2005-176 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase of an annual purchase order to POMA Distributing Company, Inc., for automotive, heavy truck and heavy equipment lubricants. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-176 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 38. RES. 2005-177 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to an annual purchase order to Star Auto Parts, for the purchase of automotive parts and supplies utilized by the Public Services Department Fleet Division. 23 06/20/2005 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-177 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 39. RES. 2005-178 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to an annual purchase order, to "Y" Tires of Los Angeles for new and recapped tires, tubes and related repair services for City vehicles and equipment, to be utilized by the Fleet Division. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-178 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 40. RES. 2005-221 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino City Fire Department to apply for and administer the FY 2005 Staffing for Adequate Fire and Emergency Response (S.A.F.E.R.) Grant submitted to the Department of Homeland Security Federal Emergency Management Agency. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2005-221 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 41. Appeal hearing regarding the termination of the Tow Services Agreement between the City of San Bernardino and Wilson Towing (See related Agenda Item No. 42) Mayor/Chairman Valles opened the hearing. City Attorney Penman stated that it was his understanding that the attorney for both Wilson Towing and Big Z Towing was present and would be requesting a continuance. He stated that the Police Department had indicated that they were opposed to a continuance, but advised that Mr. Ragan should be given an opportunity to argue his request for a continuance to the Mayor and Council. 24 06/20/2005 Council Member/Commissioner McCammack made a motion to not accept the request for continuance because of a public safety issue. (Note: The motion failed for lack of a second.) Patrick Ragan, attorney representing both Big Z and Wilson Towing, 1881 S. Business Center Drive, Suite 7B, San Bernardino, CA, stated that this is an extremely important hearing for these individuals. He stated that they have retained out-of-state counsel by the name of Michael McGovern, a specialist in tow -related matters. Mr. Ragan stated that Mr. McGovern was not able to attend this hearing, and he did not believe there would be any particular prejudice if they were to continue this matter to the next Council meeting because the letter that was received by the Police Department indicated that both Big Z Towing and Wilson Towing would remain on the tow list for approximately 30 days. He stated that their request was simply to allow them the opportunity to have their counsel, with his assistance as local counsel, give their presentation as to why they should remain on the tow list and why they should be allowed to continue the operation of these businesses that have previously been operating in San Bernardino for 50-60 years. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of July 5, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 42. Appeal hearing regarding the termination of the Tow Services Agreement between the City of San Bernardino and Big Z Towing Company (See related Agenda Item No. 41) Mayor/Chairman Valles opened the hearing. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of July 5, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 43. Resolutions concerning a refuse franchise and refuse related consultant services (Continued from June 6, 2005) 25 06/20/2005 Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Collection Services Contract between the City of San Bernardino and Burrtec Waste Industries, Inc., relating to refuse collection and disposal. (43A) Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Amendment to the Services Agreement with R3 Consulting Group, Inc., for assistance concerning commercial refuse services provided by Franchised Refuse Haulers and other issues related to refuse regulations and operations. (43B) Note: No backup materials were distributed. Mayor/Chairman Valles stated that staff had requested that this matter be tabled. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 44. RES. 2005-222 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a lease with YMCA of the East Valley, a corporation, concerning a parcel of real property located in the City of San Bernardino. (Continued from June 6, 2005) Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2005-222 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 45. Transfer $121,984 from the Unreserved/Undesignated General Fund balance to the City Attorney's budget, Account No. 001-051-5503 (Litigation -Outside Attorneys) Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Derry, that the Mayor and Common Council authorize the Director of Finance to amend the FY 2004-2005 adopted budget and appropriate $121,984 from the unreserved/undesignated General Fund balance to the City Attorney's budget Account No. 001-051-5503 (Litigation -Outside Attorneys). 26 06/20/2005 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Resolutions submitting to the electors the Library Relief Act, a ballot measure to help fund the City's libraries RES. 2005-223 - Resolution of the City of San Bernardino submitting to the qualified electors of said City for their approval the City of San Bernardino Library Relief Act, to help fund the City's libraries; transmission of the proposed ballot measure to the Office of the City Attorney for purposes of preparation of an impartial analysis. (46A) RES. 2005-224 - Resolution of the Mayor and Common Council of the City of San Bernardino placing the City of San Bernardino Library Relief Act, to help fund the City's libraries, on the ballot for the regularly scheduled consolidated Primary Municipal Election of November 8, 2005; direction to City Clerk to transmit copy to Board of Supervisors of County of San Bernardino and to file a copy with the Registrar of Voters. (46B) Marion Vassilakos, 2386 Denair Avenue, San Bernardino, CA, spoke of the need for this tax and stated that the library has not had any money in their book budget for the past two years. She wanted to remind the citizens that this would just be an eight -year tax and urged the Council to agree to put this on the ballot. Dr. Dorothy Garcia, 3660 N. Juniper Drive, San Bernardino, CA, President of the Library Board of Trustees, urged the Council to adopt the resolutions that will make it possible for the voters of the City to decide on the library relief measure. She stated that the City's library system has suffered in the past few years because of declining State and City financial support and noted that the passage of this act would enable the libraries to function at a level commensurate with a city the size of San Bernardino. Dr. Garcia stated that it would also allow the City to have an additional $332,000 per year to spend on other City functions instead of that amount being spent on the Feldheym debt service as it is currently. She indicated that a campaign committee has been formed and is ready to move forward to start raising money if and when it is approved. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolutions A & B be adopted. Resolution Nos. 2005-223 and 2005-224 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27 06/20/2005 COMMUNITY DEVELOPMENT COMMISSION Staff Present Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, Assistant to the City Clerk Medina, Economic Development Agency Executive Director Van Osdel. Absent: None. R47. RES. CDC/2005-19 - Resolution of the Community Development Commission of the City of San Bernardino approving Amendment No. 1 to the Waterman Holdings, LLC 2004 Disposition and Development Agreement and authorizing the Agency Executive Director to execute Amendment No. 1 to the 2004 Disposition and Development Agreement between the Redevelopment Agency and Waterman Holdings, LLC (0 & Waterman Avenue - APN 0135-191-11). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. CDC/2005-19 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R48. RES. CDC/2005-20 - 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 Amendment No. 1 to the 2004 HOME Grant Agreement by and between the Agency and St. Bernardine Plaza Corporation, a nonprofit corporation - 550 West 5`h Street. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. CDC/2005-20 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. SAN BERNARDINO CITY HOUSING AUTHORITY R49. Hearing - resolution of public interest and necessity for acquisition of real property - northwest corner of Rialto Avenue and Allen Street (Continued from May 2, 2005) 28 06/20/2005 RES. SBHA/2005-3 - Resolution of the San Bernardino City Housing Authority declaring the public interest and necessity of acquisition of real property by the San Bernardino City Housing Authority over the property located at the northwest corner of Rialto Avenue and Allen Street, San Bernardino, California (APN# 0135-292-39) in the Inland Valley Redevelopment Project Area. The hearing remained open. Council Member/Commissioner Johnson stated that he would be abstaining on this item because the subject property is owned by his aunt who is also his employer. He left the Council Chambers and returned after the vote was taken. Musibau Arogundade, Project Manager, Economic Development Agency, provided highlights of the staff report. Craig Montcrieve, Total Construction, 3423 Coral Way, Pomona, CA, stated that he had a set of plans for 120 S. Allen Street and was awaiting final approval from the engineers before pulling his permits to build three new homes. Council Member/Commissioner McGinnis made a motion to table this item and to bring it back if and/or when the property owner agrees to enter into an Owner Participation Agreement with the City. (Note: The motion failed for lack of a second.) Economic Development Agency Executive Director Van Osdel stated that Councilman McGinnis was correct in that they do give the owners of the property owner participation opportunities, and this particular property owner was no exception; however, they have ignored all the gestures made by the Agency towards entering into an Owner Participation Agreement that would allow them to build houses. Mr. Van Osdel stated that this has been going on for over a year. He stated that the Agency appraised the property and made offers. The owners rejected those offers and did not come back with counter offers. Mr. Van Osdel stated that the Agency reappraised the property, and by that time the value of the property had gone up. The Agency made another offer and were told by the owners that they were going to build three better houses. Staff then requested that the owner enter into an Owner Participation Agreement with the Agency so they could be assured that what the owner was going to build was consistent with what is currently being built in the neighborhood, and that offer was rejected. Mr. Van Osdel recommended that the Council approve the acquisition subject to the owner agreeing to an Owner Participation Agreement with the Agency. 29 06/20/2005 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; that said resolution be adopted, subject to the Agency making one final offer to the property owner, and if that offer is declined, the Agency could proceed with the acquisition. (Note: The vote was taken following further discussion.) Mr. Montcrieve stated that he was not aware of any correspondence prior to his involvement, but he indicated that Bonnie Johnson had been approved for the construction loan, the houses were being marketed, and they were one week away from starting construction. He stated that they have spent time, money, and energy to get this project off the ground; and he added that he had moved his family here from Kansas City to do this project. Mayor/Chairman Valles inquired as to whether Mr. Montcrieve had been in contact with Mr. Van Osdel and the Agency. Mr. Montcrieve stated that he had never met Mr. Van Osdel. He stated that he had a contract with Bonnie Johnson to build three homes. Council Member/Commissioner Kelley asked if the Planning Department had seen the plans yet. Mr. Montcrieve stated that the Planning Department had not yet reviewed the plans. Council Member/Commissioner McCammack made an amended motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; that said resolution be adopted; and that the owner be given 30 days to meet with the Agency in order to execute an Owner Participation Agreement or the Agency shall have the right to proceed with the acquisition of the subject property. The motion carried and Resolution No. SBHA/2005-3 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, McCammack. Nays: None. Abstentions: Council Member/Commissioner Johnson. Absent: None. 50. Public hearing - Development Code Amendment No. 05-01 to amend Development Code Section 19.06.030(2)(G)(4) to allow service stations with ancillary convenience stores to be within 1,000 feet of one another, and/or another convenience store An Ordinance of the City of San Bernardino modifying Chapter 19.06 (Commercial Districts), Section 19.06.030(2)(G)(4) of the San Bernardino Municipal Code (Development Code) related to locational requirements for service stations with ancillary convenience stores. FIRST READING 30 06/20/2005 Mayor/Chairman Valles opened the hearing. No public comments were received. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that the hearing be closed; and that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent None. 51. Public hearing - Development Code Amendment No. 04-02 and Conditional Use Permit No. 04-06 - to allow an off -site electronic message center sign for Arrowhead Credit Union Park An Ordinance of the City of San Bernardino amending Chapter 19.22 (Sign Regulations) to add Section 19.22.080(7) related to off -site electronic message center signs. FIRST READING Mayor/Chairman Valles opened the hearing. Valerie Ross, City Planner/Deputy Director of Development Services, provided background information. She stated that this was a proposal by Arrowhead Credit Union and the Inland Empire 66ers for an outside electronic message center sign to be located on the east side of the I-215, west of the stadium site between Mill and Rialto. Ms. Ross stated that initially the applicants had proposed three signs: one at Arrowhead Credit Union Park; one at the San Bernardino Soccer Complex; and one at the Blast Soccer Complex in Verdemont. She stated that these three different locations were considered by the Planning Commission last year at which time they expressed concerns with the placement of signs in City parks and the inability of the City to regulate the advertising on the signs. As a result, the Commission recommended that the Mayor and Council not approve the Development Code Amendment or the Conditional Use Permit. Ms. Ross stated that since last year the applicants have dropped the two signs at the two parks. She stated that Arrowhead Credit Union and the Inland Empire 66ers propose that the sign be used to advertise anniversary parties for major corporations and welcome home parties for returning servicemen and servicewomen, in addition to the regular ball game advertising. Ms. Ross stated that they have also indicated a willingness to work with the City to give the City air time for public service announcements so the City would be able to advertise an event going on at one of the soccer fields or to further promote the Route 66 31 06/20/2005 Rendezvous. Ms. Ross stated that one of the requirements for the Code amendment is a License Agreement with the City of San Bernardino, through which the terms relative to the air time for the City could be addressed. Ms. Ross stated that staff recommended that Development Code Amendment No. 04-02 and Conditional Use Permit No. 04-06 be approved, based upon the Findings of Fact and subject to the Conditions of Approval, as modified. No public comments were received. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed; that said ordinance be laid over for final adoption; and that Conditional Use Permit No. 04-06 be approved, based on the Findings of Fact and subject to the Conditions of Approval, as modified. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 52. Public Comments Betty Jean Long, 1541 N. "G" Street, San Bernardino, CA, stated that she recently got hit by a car at the corner of "F" Street and Baseline, and complained that the traffic light only lasted for eight seconds. She thanked the firefighters who helped her after the accident. Deanna Adams, Victory Chapel, 1156 N. "F" Street, San Bernardino, CA, stated that the City needs to mitigate the reservoir and not give the Municipal Water Company the rights to all the land. Faizah Dean, 928 Medical Center, San Bernardino, CA, stated that she had three concerns: (1) small business audits for standards of operation; (2) establishment of a Restaurant and Food Guide Link; and (3) playground equipment cleaning. S 1. RES. 2005-225 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain records no longer required to be maintained by the San Bernardino City Attorney's Office. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2005-225 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 32 06/20/2005 NB1. Negotiations with the School District for joint use of Caesar Chavez Middle School - waive conflict of City Attorney Note: No backup materials were distributed. City Attorney Penman stated that over a year ago, the City began negotiations with the School District involving Caesar Chavez Middle School wherein the City and the District were going to have joint use of the gymnasium facility. He stated that Councilman Kelley and City Administrator Wilson requested that the City Attorney's Office help with the negotiations because of some problems they were experiencing with the outside law firm. Mr. Penman stated that because his wife is a member of the School Board, his practice has normally been to conflict off and have another attorney from another law firm review the matter and advise the Council. Therefore, he assigned Deputy City Attorney Marianne Milligan to work with the City's group on this, and he requested that the Council waive any conflict that may exist. Mr. Penman stated that when the item is ready to come to the Council as an agreement, he will conflict off at that time and the law firm that was hired shall advise the Council. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Kelley, that the matter arose subsequent to the posting of the agenda. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council waive conflict of the City Attorney because the City Attorney's wife is on the School Board. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 53. Adjournment At 6:17 p.m., the meeting was adjourned to 3:00 p.m., Thursday, June 23, 2005, in the Economic Development Agency Boardroom for budget deliberations. 33 06/20/2005 The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Tuesday, July 5, 2005, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 55 No. of Hours: 4.5 RACHEL G. CLARK City Clerk By Ae JyZ J AX i Linda Sutherland Deputy City Clerk 34 06/20/2005