HomeMy WebLinkAbout05-15-2006 MinutesMayor Patrick J. Morris
Council Members:
CITY OF SAN BERNARDINO Esther Estrada
300 N. "D "Street Dennis J. Baxter
Gordon McGinnis
San Bernardino, CA 92418 Neil Derry
Website: www.sbcity.org Chas Kelley
Rikke Van Johnson
Wendy McCammack
A11►1111069
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MAY 15, 2006
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:39 p.m., Monday, May 15, 2006, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter,
McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk
Clark, City Manager Wilson. Absent: None.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Ford Wholesale Company, Inc. v. County of San Bernardino - San
Bernardino Superior Court Case No. SCVSS 124378;
Patrick Major v. San Bernardino Fire Department, City of San
Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS
129136.
05/15/2006
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:
ALGROUP Inc. v. City
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:
Contract Extension
Fire Chief
Contract Extension
Code Compliance Director
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
San Bernardino Police Officers Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Mt. Vernon Corridor Redevelopment Project Area
1. Property: APN:0138-115-07
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer and Jaime Meyer on behalf of Clear
Channel Outdoors, as seller
Under Negotiation: Purchase price, terms and conditions
2 05/15/2006
Central City South Redevelopment Project Area
2. Property: APN:0136-162-23
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer and Albert Valderama, as seller
Under Negotiation: Purchase price, terms and conditions
3. Property: APN:0136-161-18
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer and Celia Cornejo, as seller
Under Negotiation: Purchase price, terms and conditions
Central City North Redevelopment Project Area (Downtown
Acquisition Program)
4. Property: Vacant Land
APN: 0134-101-04, 05, and 06
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer and Charles H. Garner and Sarah M.
Garner, as Trustees, Garner Family Trust,
as seller.
Under Negotiation: Purchase price, terms and conditions
Central City North Redevelopment Project Area
5. Property: 440 West Court Street
APN: 0134-241-53
Negotiating Parties: Patrick J. Morris, Agency Chair, and
Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer and James L. Adams, as owner/seller
Under Negotiation: Purchase price, terms and conditions
3 05/15/2006
6. Property: 480 West Court Street
APN: 0132-241-40
Negotiating Parties: Patrick J. Morris, Agency Chair, and
Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer and Chase Financial Service, LLC,
as owner/seller
Under Negotiation: Purchase price, terms and conditions
City Attorney Penman announced that the following additional cases
would be discussed in closed session under Agenda Item 1A, Existing
Litigation:
Snyder v. City of San Bernardino - Workers' Compensation
Appeals Board Case Nos. SBR 2787204, SBR 0286205, SBR
0288541 and SBR 0312532;
City of San Bernardino v. Burrtec Waste Industries, et al. - San
Bernardino Superior Court Case No. SCVSS 137632;
City of San Bernardino v. San Bernardino Stampede, Inc. - San
Bernardino Superior Court Case No. SCVSS 137723; and
Agenda Item Nos. 41 and 42.
Closed Session Announcement
City Clerk Clark announced that in closed session the City Council approved,
on a 6-1 vote, the Third Amendment to Employment Agreement between Larry
Pitzer and the City of San Bernardino. The term of the agreement is for one
year, commencing on May 15, 2006, and terminating on May 15, 2007.
In addition, the City Council unanimously approved a Fourth Amendment to
Employment Agreement between Glenn D. Baude and the City of San
Bernardino for a period of two years. Mr. Baude shall be compensated for his
services as Code Compliance Director at the base pay rate as provided in
Resolution 6413, Section 14, Range 4607, Step 21. Additionally, with the
authorization of the City Manager, Mr. Baude may be given an increase in pay,
outside his anniversary date, for a temporary assignment of additional
responsibilities related to Operation Phoenix.
4 05/15/2006
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Council Member/Commissioner Johnson, followed by the
pledge of allegiance, led by Mayor/Chairman Morris.
2. Appointments - Omnitrans Board of Directors
Mayor Morris - City's representative
Council Member Estrada - City's alternate representative
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council
approve the appointments of Mayor Morris as the City's representative to the
Omnitrans Board of Directors and Council Member Estrada as the alternate
representative, pursuant to Section 3 of the Omnitrans Joint Powers Agreement.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
3. Proclamations & Presentations
There were no proclamations or presentations.
4. Announcements
There were no announcements made by the Mayor, members of the Council, or
elected officials.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission be waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
5 05/15/2006
6. Council Minutes
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the minutes of the following
meetings of the Mayor and Common Council/Community Development
Commission/Joint Powers Financing Authority be approved as submitted in
typewritten form: March 20, 2006; April 3, 2006; and April 17, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
7. Claims & Payroll
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated May 1,
2006, from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
8. Personnel Actions
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the personnel actions, as submitted
by the Chief Examiner, dated May 12, 2006 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, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9. ORD. MC-1224 - An Ordinance of the City of San Bernardino amending
Section 9.68.010(A)(1) of the San Bernardino Municipal Code relating to
curfew during the City sponsored Market Night by adding Subsection
(A)(1)(c). FINAL READING
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said ordinance be adopted.
6 05/15/2006
Ordinance No. MC-1224 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. Set Dates for FY 2006/07 Budget Hearings
Council Member/Commissioner Kelley asked that the budget hearings begin at 4
p.m. to allow everyone to be able to attend.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the following dates be set for deliberations
of the FY 2006/07 City/EDA budgets to be held in the EDA Board Room:
Thursday, June 8, 2006
4:00-6:00 p.m.
Tuesday, June 20, 2006
4:00-6:00 p.m.
Wednesday, June 21, 2006
4:00-6:00 p.m.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11. RES. 2006-129 - Resolution of the City of San Bernardino authorizing
execution of a Services Agreement with Los Padrinos, Youth Services Inc.,
a non-profit organization.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2006-129 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12. RES. 2006-130 - Resolution of the City of San Bernardino objecting to the
May 2006 Tax Sale of Properties with City Assessments.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2006-130 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
7 05/15/2006
13. RES. 2006-131 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to J.D.C., Inc. for construction of
sidewalk at Medical Center Drive from 19" Street to Highland Avenue,
Phase VIII - 2005/06 (SS-B), per Plan No. 11684.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the Director of Finance be
authorized to amend the FY 2005/06 budget by transferring $33,500 from
Account No. 129-367-5504-7381 "SSO4-48 Rancho Avenue Median
Construction" to Account No. 129-367-5504-7202 "SS-B Accessibility
Improvements at Various Locations (Annual)"; and that said resolution be
adopted.
The motion carried and Resolution No. 2006-131 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
14. RES. 2006-132 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to F S Construction for
beautification enhancement for bus stop on the west side of "E" Street
adjacent to the parking structure between Court Street and 4" Street (SSO4-
36) per Project Plan No. 11579.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the Director of Finance be
authorized to amend the FY 2005/06 budget to reduce the funding allocation of
Community Development Block Grant funding for project SSO4-36 "E" Street
Bus Stop Relocation to Court Street from $100,000 to $50,000 in Account No.
126-000-4670;and
That the Director of Finance be authorized to amend the FY 2005/06 budget by
transferring $35,000 from Account No. 126-369-5504-7581 "SS06-01 41, Street
cul-de-sac at Mt. Vernon Avenue" to Account No. 126-369-5504-7322 "SSO4-
36 "E" Street Bus Stop Relocation to Court Street; and that said resolution be
adopted.
The motion carried and Resolution No. 2006-132 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
8 05/15/2006
15. Authorize payment of legal fees
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the Mayor and Common Council
allocate the sum of $4,040.28 from the City Attorney Outside Counsel budget
(Line Item 001-051-5503) for payment to Erica Tabachnick in the amount of
$1,040.28, and authorize payment of additional bills to Erica Tabachnick, not to
exceed $3,000, without further approval of the Mayor and Common Council.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack.
Nays: Council Member/Commissioner Johnson. Absent: None.
16. RES. 2006-133 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute Amendment No. 1 to
the Agreement for Professional Traffic Modeling Services with Srinivasa S.
Bhat.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted; and that
the Director of Finance be authorized to amend the FY 2005/06 budget by
increasing revenue Account No. 001-000-4710 by $15,000 and expenditure
Account No. 001-185-5502 by $15,000 to cover anticipated expenses and
revenue reimbursements for Srinivasa S. Bhat for FY 2005/06.
The motion carried and Resolution No. 2006-133 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
17. RES. 2006-134 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Silvia Construction, Inc., for
pavement rehabilitation at Pennsylvania Avenue from Baseline Street to 16`h
Street, and 2"d Street from I-215 Freeway to "E" Street, (SS06-39) and
(SS06-40), per Project Plan No. 11602, and authorization for the Director of
Finance to amend the FY 05106 Budget.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the Director of Finance be
authorized to amend the FY 2005/06 budget by transferring $50,000 from
Account No. 240-379-5505-0000 to Account No. 240-379-5504-7617
"Pennsylvania Avenue", and by transferring $100,000 from Account No. 240-
379-5505-0000 to Account No. 240-379-5504-7618 "2"d Street; and that said
resolution be adopted.
9 05/15/2006
The motion carried and Resolution No. 2006-134 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
18. RES. 2006-135 - Resolution authorizing the City of San Bernardino to
submit projects and commit funding for FY 2006/2007-2011/2012 Regional
Transportation Improvement Program (RTIP).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2006-135 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. RES. 2006-136 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the issuance of an annual purchase order to
SK Telecon, Inc. for the cable pull services to the City's telephone system
for the Facilities Management Department in the amount of $35,430.00.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2006-136 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20. RES. 2006-137 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the issuance of a purchase order to Nexus
I.S. for the equipment maintenance of the City's telephone system for the
Facilities Management Department in the amount of $45,720.14.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2006-137 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21. RES. 2006-144 - Resolution of the Mayor and Common Council of San
Bernardino authorizing the Mayor to execute the first amendment to
Contract 04-257 with the County of San Bernardino and the Boys and Girls
Club of San Bernardino to provide facility improvements at the Boys &
Girls Club using County CDBG funds.
10 05/15/2006
Council Member/Commissioner Johnson stated that he would abstain on this
item because he is a member of the Boys and Girls Club Board of Directors.
He left the Council Chambers and returned after the vote was taken.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2005/06 adopted budget and
increase Account No. 001-321-5706 by $69,300 and the offsetting revenue
account by $69,300 to reflect the County CDBG reimbursement to be received.
The motion carried and Resolution No. 2006-144 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, McCammack. Nays: None. Abstentions: Council
Member/Commissioner Johnson. Absent: None.
22. Receive and file - final report on Federal Disaster Declaration 1498 called
the "California Wildfires" which includes the December 25, 2003 floods and
mud/debris flow
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the Mayor and Common Council
receive and file the final report on Federal Disaster Declaration 1498 called the
"California Wildfires" which includes the December 25, 2003 floods and
mud/debris flow.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
23. RES. 2006-138 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of Finance or designee to issue a
purchase order to Nexus IS in the amount of $51,375.32 for a telephone
conference bridge.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2006-138 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
24. Resolution of the City of San Bernardino awarding a Services Agreement
and an annual purchase order with two single year renewal options to
Pacificare Behavioral Health, in an amount not to exceed $35,000.
11 05/15/2006
Note: The resolution was not distributed with the backup materials.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the matter be continued to the
Council/Commission meeting of June 5, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
25. Resolution of the City of San Bernardino awarding a Service Agreement,
with two single year renewal options to the Counseling Team International,
in an amount not to exceed $12,000.
Note: The resolution was not distributed with the backup materials.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the matter be continued to the
Council/Commission meeting of June 5, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26. RES. 2006-139 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the destruction of certain police applicant
files, papers and pre -employment polygraph examinations pursuant to
Section 34090 of the Government Code of the State of California.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2006-139 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
27. RES. 2006-140 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing submittal of the funding request form to the
Department of Conservation, Division of Recycling for California Beverage
Container Recycling and Litter Reduction activities.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted.
12 05/15/2006
Resolution No. 2006-140 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
28. RES. 2006-141 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing submittal of 2006/2007 Used Oil Recycling
Block Grant application for grant funds from the California Integrated
Waste Management Board.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2006-141 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
29. RES. 2006-142 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to a purchase order to Guzman
Construction Company for repair of sidewalks, curbs, gutters, and cross
gutters at various locations throughout the City of San Bernardino.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted; and that
the Director of Finance be authorized to transfer $49,200 from the Street
Division budget Account No. 001-402-5502 to the Street Division budget,
Account No. 001-406-5505.
The motion carried and Resolution No. 2006-142 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
30. Authorization to amend the FY 2005/06 I -Bank Capital Improvement
Budget
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the Mayor and Common Council
authorize the Director of Finance to transfer $45,500 from I -Bank Capital
Improvement Program budget Account No. 240-379-5504-7612 to I -Bank
Capital Improvement Program budget Account No. 240-379-5504-7615; and
that the Mayor and Common Council authorize the Director of Finance to
amend the FY 2005/06 Capital Improvement Program budget by appropriating
an additional $267,000 from the I -Bank contingency fund balance to Account
No. 240-379-5504-7606 in the amount of $180,000 and to Account No. 240-
379-5504-7644 in the amount of $87,000.
13 05/15/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
31. Authorize a transfer of funds from the 1/2 Cent Sales Tax budget Account
No. 129-367-5504-7589 to 'A Cent Sales Tax budget Account No. 129-367-
5504-7588 in the amount of $54,000
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the Mayor and Common Council
authorize the Director of Finance to transfer $54,000 from 1/2 Cent Sales Tax
budget Account No. 129-367-5504-7589 to 1/2 Cent Sales Tax budget Account
No. 129-367-5504-7588.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
32. RES. 2006-143 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to McCray
Enterprises to refurbish two (2) automated refuse trucks including a new
Labrie Automizer refuse body to be utilized by the Public Services
Department Refuse Division.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted; and that
the Director of Finance be authorized to amend the FY 2005/06 Refuse budget
to appropriate $372,600 from the unappropriated Refuse Fund balance into
Account No. 527-412-5173, Outside Vehicle Maintenance.
The motion carried and Resolution No. 2006-143 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
33. An Ordinance repealing Chapter 2.77 of the San Bernardino Municipal
Code and re -adopting as Chapter 2.27; and an Ordinance amending,
adding, and renumbering certain sections in Chapter 2 of the San
Bernardino Municipal Code
Ordinance of the City of San Bernardino repealing Chapter 2.77, Titled
"Santa Ana River Trail Commission," and readopting as Chapter 2.27 of
the San Bernardino Municipal Code. FIRST READING (33A)
14 05/15/2006
Ordinance of the City of San Bernardino amending Section 2.02.30, adding
Section 2.10.040, and renumbering Section 2.14.040, titled "City Engineer -
Duties," of the San Bernardino Municipal Code. FIRST READING (33B)
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinances A and B, be laid over for
final adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
34. Request for fee waiver - Our Lady of the Assumption School Annual
Family Fun Fair
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council approve
the request for a fee waiver for a Temporary Use Permit for Our Lady of
Assumption School Annual Family Fun Fair.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
35. Appeal hearing - denial of fireworks stand application submitted by Praise
Tabernacle, aka Empowerment Temple Christian Fellowship
Mayor/Chairman Morris opened the hearing.
Cindy Buechter, Business Registration Supervisor, explained that when Praise
Tabernacle's fireworks application was reviewed, it did not include proof of
nonprofit status. She noted that Chapter 8.60.050 of the San Bernardino
Municipal Code lists the prerequisites to issuance of any license, and that
paragraph A states, "No license shall be issued to any applicant except a
nonprofit organization, group, association, etc., organized and operating within
the city limits of San Bernardino in conformity with Section 8.60.030 (D), (E),
and (F)."
Ms. Buechter stated that Praise Tabernacle failed to provide a 501(c)(3) from
the Internal Revenue Service, and the Articles of Incorporation initially
presented to staff were found to be suspended by the State of California.
Therefore, staff denied the application submitted by Praise Tabernacle.
However, staff then granted them an opportunity to present additional
documentation in order to prove their nonprofit status, and they still failed to do
so.
15 05/15/2006
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individual that he would provide true and honest testimony:
Victor Wayne Lewis, 4623 N. San Benito Street, San Bernardino, CA, pastor
of Empowerment Temple Christian Fellowship, provided an overview of the
many activities and services that his church provides for the community. He
stated that there have been some changes in their ministry, and perhaps they did
not meet the full criteria, but it was his understanding that they were required to
prove that they were a legitimate, nonprofit organization and that they had
established residency in this community for at least one year. He stated that
they had that proof, but they did not have the official determination letter from
the IRS at that time.
Mr. Lewis stated that they had tried to impress on the City Clerk's office that,
true, they did not have everything that the City required them to have, but they
are a part of the community and they have been here for longer than a year and
they are nonprofit —they are not doing it for profit. He stated that he brought
with him a letter from the IRS that certifies their nonprofit status, and he asked
the Council to look at it as proof that they are a nonprofit organization. He
stated that they have a new EIN number for their new church name,
Empowerment Temple Christian Fellowship.
Mayor/Chairman Morris advised that the issue was, and remained, the church's
nonprofit status —that they did not have documentation of being a nonprofit, and
that was the reason staff had denied their fireworks application.
It was noted that the letter Mr. Lewis had presented, with the new EIN number
was also required by City policies in order for an organization to be allowed to
market fireworks in the city; however, in addition to this EIN number
organizations had to have documentation of their 501(c)(3) or nonprofit status.
Ms. Buechter pointed out that Exhibit G in the backup materials was a letter
from the IRS to Praise Tabernacle Church which included the following
paragraph:
"In order to be formally recognized by the Internal Revenue Service as being
tax exempt, a church must apply for exemption and pay the required fee. We
have no record of your organization being recognized as exempt from federal
income tax under section 501(c)(3) of the Code."
Mayor/Chairman Morris asked Mr. Lewis directly if he had that status.
16 05/15/2006
Mr. Lewis stated that in talking with the IRS, as a church they are automatically
acknowledged as a nonprofit organization. He talked with them and told them
of the situation concerning the fireworks booth and their desire to do this as a
fundraiser for their church, and the IRS said they didn't need it —that they were
already acknowledged as a nonprofit organization.
He stated that he thought the City was very concerned about people misusing the
privilege of being able to do fundraisers, and this was understandable, but they
didn't fit into that category —they are legitimately a nonprofit organization, and
they are not doing this for profit.
Mayor/Chairman Morris stated that Mr. Lewis had to have documentation to
prove nonprofit status before the City could work with him on this matter.
Council Member/Commissioner McCammack indicated that it was her
understanding that Mr. Lewis also needed legal documentation from the
Secretary of State once the IRS deems them a nonprofit organization —so there
were actually two governmental entities that he would need to get nonprofit
status from.
Mr. Lewis stated that he would like to ask that the Mayor and Council give him
some additional time beyond today to procure those documents, because he
believed what they are trying to do is going to benefit the community.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individual that he would provide true and honest testimony:
Robert Rego, 5856 Merito Avenue, San Bernardino, CA, stated that for
clarification he wanted to point out that a nonprofit status determination is
separate from a tax exempt determination —that a nonprofit status is determined
by your Articles of Incorporation in the State of California. He advised that you
may or may not have a 501(c) status with the IRS and yet still be a nonprofit.
He stated that he did not know what the requirements were for this matter, but
he wanted to clarify that you can be a 501(c)(1 through 9) as a nonprofit, tax
exempt entity.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the hearing be closed; and that
the Mayor and Common Council uphold the decision of the City Clerk to deny
the fireworks application submitted by Praise Tabernacle, aka Empowerment
Temple Christian Fellowship.
17 05/15/2006
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Kelley, Johnson,
McCammack. Nays: Council Member/Commissioner Derry. Absent: None.
36. Public hearing - resolution ordering work - formation of a Landscape
Maintenance Assessment District in the Shandin Hills Drive and Shady
Creek Drive area - Tract No. 14254 - Assessment District No. 1042
RES. 2006-126 - Resolution of the City of San Bernardino finding and
determining the existence of less than a majority protest, that ballots
submitted in favor of the assessment exceed the ballots submitted in
opposition to the assessment and that the public convenience and necessity
require the maintenance of landscaping in the area of Shandin Hills Drive
and Shady Creek Drive, approving the Final Engineer's Report, creating an
assessment district to cover the costs of said maintenance, known as
Assessment District No. 1042, ordering the work, confirming the 2006-2007
Assessment Roll, and determining that the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 shall not apply.
Mayor/Chairman Morris opened the hearing.
City Clerk Clark announced that a total of 51 ballots had been received, with a
total of 45 voting in favor and 6 voting "no."
No additional comments were received
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McGinnis, that the hearing relative to the formation of
the Shandin Hills Drive and Shady Creek Drive Area Landscape Maintenance
Assessment District No. 1042 be closed; and that said resolution be adopted.
The motion carried and Resolution No. 2006-126 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
37. Public meeting - San Bernardino International Airport/Alliance-California
Area Landscape and Lighting Maintenance Assessment District (AD 1022)
Mayor/Chairman Morris opened the meeting.
No public comments were received.
18 05/15/2006
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that the public meeting relative to the
formation of the San Bernardino International Airport/Alliance-California Area
Landscape and Lighting Maintenance Assessment District (AD 1022), be closed,
and protests and ballots, if any, be carried over to the public hearing on June 5,
2006, at 4:00 p.m.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
38. Request for continuance - Tentative Tract No. 14112 located northeasterly
of the intersection of Foothill Drive and Sterling Avenue (Continued from
November 21, 2005)
Mayor/Chairman Morris noted that this was the 22nd or 23rd motion for
continuance on this item —that it has been with the City since at least 1991.
Fred Brooks, 12771 Woodland Lane, Garden Grove, CA, stated he was very
surprised by the recommendation to deny this continuance. He stated that they
have worked with staff for approximately eight months on this project, and he
hoped they would be able to share some things with the Council tonight that
would allow the Council to re-evaluate where they stand with this project.
Mr. Brooks stated that they purchased the Sterling Heights project eight months
ago with all cash —the tentative map and 49 accompanying conditions that went
with that map —and those are the conditions they had to satisfy to move it from
tentative status to final status.
He stated that as soon as they closed escrow they immediately assembled a team
of what they considered to be topnotch consultants —local firms who had
knowledge of the property and possessed a working relationship with the City of
San Bernardino —all things they have found over the years to be very critical to
the success of a project.
He stated that they have spared no effort and no expense in satisfying these 49
conditions on the tentative tract map, and they realize they go back to the year
1990. They have worked with their consultant in every way that they can to
assure that compliance is of current date, especially in seismological issues,
drainage, and the rest of it.
He reiterated that they believe in this project and have worked with staff for
eight months, which is why he is really surprised at the recommendation to deny
their request. They have worked in good faith to provide the deliverables in the
19 05/15/2006
design integrity that is expected of them. He stated that they have invested
about $3.5 million to date in just acquiring the property, and have expended
several hundred thousands of dollars in engineering and consulting fees. They
think that they have put the quality, the integrity, the depth of study in it as fast
and as effectively as any group could have; and that they have achieved more in
eight months than any group individually or collectively over the years since this
map was generated.
Jamey Dye, Associate Engineers, Inc., 3311 East Shelby Street, Ontario, CA,
spoke on behalf of his client, Mr. Brooks, of Sterling Heights LLC. He
acknowledged that the project has a lot of history, which is part of the reason
they came to Associate Engineers. However, they have only owned the
property since October, and they have done everything in their power to move
this project forward. He stated that it is a difficult project with a lot of issues,
including environmental issues, and they have embraced all of those issues head
on. They have paid for those studies, they have paid for the engineering, and
they are very very close to final plans on this project.
He stated that he submitted to all the pertinent departments —planning,
engineering, fire, and water —plans that are in the 80-90 percent stage, and that
he had met with the various departments to talk about those plans. They have
prepared fire studies at the request of the fire marshal, environmental studies by
Tom Dodson and Associates to identify the habitats as required by the
conditions —all of that work is complete, has been put together in documents,
and they are ready to move forward to final engineering.
Mr. Dye advised that the only thing that he was waiting to do was to submit the
final engineering plans to the City, but he wanted to make sure he had given
department heads an opportunity to comment on the plans that he did submit.
He didn't want to submit final engineering plans without the department heads
having looked at them, since the project has taken some time.
He noted that when they submitted their request for a continuance in November
they did provide a schedule, and it was clear on that schedule that they needed
extra time and were extending this project into June in order to achieve their
goals. He stated that they may have slipped the project weeks, but certainly not
months, and they are right at the end of finishing this project. He asked that the
Council please approve their request for a continuance.
April Morris, 3311 Shelby Street, Ontario, CA, reiterated that this client had
entered into good faith negotiations with staff. She stated that about eight
months ago they were on a fast track, and of the 49 conditions, all have been
met. In fact, several that weren't even conditions, such as the seismic issues,
were brought up by their client and with great personal expense he did the
studies needed for the seismic approval. She stated that she just wanted to say
20 05/15/2006
that at this point in the project, with the money spent and no indication from
staff, that they knew of, that there was any problem with the project, it didn't
seem fair to deny this extension at this point in the project.
Valerie Ross, City Planner/Deputy Director, Development Services
Department, advised that originally staff was recommending approval of the
request for a continuance. However, after looking at it a little bit more, she had
changed the recommendation to recommend denial. She pointed out that staff
still had not received anything as of May 10. Subsequently, some plans were
dropped off; however, they were incomplete and did not include the items that
were listed in the staff report as being missing.
Council Member/Commissioner Derry stated that this project was a very
difficult project and has come before the Council many times, but this developer
has only been on board eight months and they have made tremendous progress
in moving the project forward, even if there is some information that is
incomplete.
He stated that he thought this developer deserved the opportunity to continue the
project, particularly since it was in his original schedule to obtain the extra
extension. He stated that this project was a good project for the city long term,
as it's going to provide something we have wanted in the city for a long time,
which is more executive housing. However, being up in the foothills, it is a
difficult project with the terrain. He noted that the neighboring project is
Watson and Associates, and they have come back before the Council many,
many times because of geological issues, seismic issues, etc.; and this developer
is making the attempt up front to address those issues.
Council Member/Commissioner McCammack noted that when the Council
approved the extension eight months ago, they approved it knowing full well
there was a new developer on board, knowing that it was going to take some
time to get this project through the process, and she believed it was the
Council's intent at the time that it wasn't going to come back very quickly, but
quickly enough, and in her opinion the progress that they have made up to this
point has been dramatic.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
approve the request for continuance of the Final Map for Tentative Tract No.
14112. (Note: The vote was taken following additional discussion.)
Council Member/Commissioner Estrada asked Ms. Ross how many different
developers there had been over the course of the project.
Ms. Ross indicated that she couldn't remember exactly, but there were probably
a half dozen, at least.
21 05/15/2006
Ms. Estrada suggested that when there are items like this one, that staff point
out in the staff report that there have been six to eight different developers over
the life of the project, so that it doesn't appear that it is the same developer that
has gotten the extensions over the course of so many years.
Council Member/Commissioner Baxter asked Ms. Ross if terrain was the
problem over the life of this project, or was there some other dominant issue
that has made this all so difficult.
Ms. Ross stated that she did not know. She stated that the project was originally
approved by the Planning Commission in the late 80's, there has been an EIR,
then there was a subsequent EIR and a mitigated negative declaration, and she
thought that all issues with development had been addressed.
Jamey Dye stated that one of the reasons why the project had stalled out a little
bit had to do with some litigation with Mr. Hodgdon at the extension of Sterling
Heights, which stalled the project for about five years. In addition, there are
some very difficult engineering problems with it —geology, hydrology, and fire
codes. As a result, the number of houses that they can construct aren't as big as
they could be, and then the cost to build all the infrastructure makes it difficult
to finance with the houses.
Council Member/Commissioner Derry stated that the house he was moving into
this week, the tract maps were approved originally in 1990, and they just built
the homes. The market in San Bernardino just has not been there for this type
of project, but it is here now, so it's just a matter of working through the
finances.
City Attorney Penman stated that it isn't unusual to have these types of projects
come along. He noted that it doesn't really hurt the City to give the
continuance, and a lot of times it is market conditions that drive these. He
stated that what it boils down to is, if the Council doesn't approve the extension,
the developer has to start all over again, and that is extremely expensive.
Council Member/Commissioner Baxter inquired about the new environmental
issues that may have come into play since 1989 or 1990, and whether the
developer had to adhere to these standards, or does the development basically
pre -date these new regulations.
City Attorney Penman stated that as he understood it from talking to James
Funk, Director of Development Services, the project doesn't exactly conform to
the tentative tract map anyway, and so they are probably going to have to make
some other changes.
22 05/15/2006
Henry Empeno, Sr. Deputy City Attorney, advised that the environmental
impact report, as well as the subsequent environmental impact report, did have
numerous follow-up studies that needed to be done on this site prior to permit
approval. He stated that he concurred with Valerie Ross that in this case, if
they conformed and followed up with those additional requirements, he thought
they would still be in compliance with the conditions and mitigation measures
that are included in those documents.
Mr. Dye advised that they retained the same environmental consultant who was
on the original tract, which is Tom Dodson and Associates. The conditions for
compliance with all the current codes were written into the condition documents
when the tentative map was approved, and they intend to comply with all of
those conditions. He added that the other code that has changed significantly
since this document was approved is the Fire Code. They have met with the fire
marshal and they have developed a fire model for the area and they have put
into place the conditions to meet the current fire requirements.
The motion made by Council Member/Commissioner Derry, seconded by
Council Member/Commissioner McCammack, to approve the continuance,
carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. (Note: It was later stated that the continuance would be
for six months, to November 20, 2006.)
39. Cancellation of contract with GWINCO Construction and Engineering, Inc.
for Old Waterman Canyon Road Bridge Repair (SS05-11) per Plan No.
11304, payment to GWINCO Construction and Engineering, Inc. for direct
and indirect costs incurred for Old Waterman Canyon Road Bridge Repair
(SS05-11) per Plan No. 11304 and a resolution approving Agreement for
Professional Services with LAN Engineering Corporation to provide
Engineering Services for the design of Old Waterman Canyon Bridge
Replacement and authorization for the Director of Finance to amend the FY
2005/06 budget. (Continued from May 1, 2006)
RES. 2006-145 - Resolution of the City of San Bernardino approving a
Professional Services Agreement with LAN Engineering Corporation to
provide engineering services for the design of old Waterman Canyon Bridge
replacement.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the Mayor and Common Council
cancel the contract with GWINCO Construction and Engineering, Inc. for Old
Waterman Canyon Road Bridge Repair (SS05-11) per Plan No. 11304, under
provisions of Section 6-5 of the Standard Specifications; and
23 05/15/2006
That the Mayor and Common Council authorize payment of $19,368 out of Gas
Tax Funds (Account No. 126-369-5504-7452) to GWINCO Construction and
Engineering, Inc., for direct and indirect costs incurred for Old Waterman
Canyon Road Bridge Repair (SS05-11) per Plan No. 11304, and authorize the
transfer of $19,400 from Account No. 126-369-5504-7522 to Account No. 126-
369-5504-7452; and
That the Mayor and Common Council authorize the Director of Finance to
amend the FY 2005/06 budget to appropriate $505,000 in the Street
Construction Fund (Account No. 242-362-5504-7671) for the "Old Waterman
Canyon Bridge Replacement" and to budget revenue reimbursement for the
project from FEMA ($378,800); OES ($94,700); and the City's share of
$31,500 to be transferred from 1/2 Cent Sales and Road Tax from Account No.
129-367-5504-7156 (Street and Safety Improvements) to Account No. 129-367-
5504-7671 (Old Waterman Canyon Bridge Replacement); and
That said resolution be adopted approving Agreement for Professional Services
with LAN Engineering Corporation to provide engineering services for the
design of Old Waterman Canyon Bridge Replacement.
The motion carried and Resolution No. 2006-145 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
40. RES. 2006-146 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to sign a Lease Agreement with
the County of San Bernardino Real Estate Services for offsite office space
on behalf of the San Bernardino Police Department. (Continued from May
1, 2006)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2006-146 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
41. An Ordinance of the City of San Bernardino amending Section 2.56.170 of
the San Bernardino Municipal Code relating to the calling of a special
election. FIRST READING
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that said ordinance be laid over for final
adoption.
24 05/15/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
After the vote was taken, it was noted that Mr. Turner had submitted a speaker
slip on this item, and City Attorney Penman advised that if Mr. Turner wanted
to speak on this issue, he would request that the Council rescind their vote on
Item No. 41 until after Mr. Turner had an opportunity to speak.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that the Council rescind their previous
vote in order to allow for speaker comments.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
Council Member/Commissioner McGinnis. Absent: None.
Mr. Turner inquired whether adoption of this ordinance would affect the
election date for the immigration initiative, and Mayor/Chairman Morris stated
it would not. That being the case, Mr. Turner indicated he had no additional
comments.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said ordinance be laid over for
final adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
42. Certificate of Sufficiency for Initiative Petition submitted by Joseph Turner
Mayor/Chairman Morris explained that according to the City Charter, once an
initiative petition has the required number of signatures and has qualified, then it
is up to the City Council to do only one of two things: 1) approve the proposed
ordinance without alteration, or 2) call for a special election.
City Clerk Clark provided background information and an overview of the staff
report.
Although the agenda item was not about the merits of the initiative, the
following individuals spoke in support of Mr. Turner's initiative:
Ruben Lopez, 2648 N. Valencia Avenue, San Bernardino, CA;
Nola Lloyd, 20300 Avenida Hacienda, Riverside, CA;
25 05/15/2006
Alan Murray, 1198 E. 38' Street, San Bernardino, CA;
Robert Schwarz, 7860 Dufferin, Riverside, CA;
Angelina Ibbotson, 9351 Leilani Drive, Huntington Beach, CA;
David B. D. Nelson, 455 North Th Street, Colton, CA;
Cherie Wood, P.O. Box 1901, Chino Hills, CA;
Bob Dennis, 7461 Skyview Road, Riverside, CA;
Diane Dennis, 7461 Skyview Road, Riverside, CA;
Debbie Gill, 6996 Elm Avenue, San Bernardino, CA;
Marie E. Persico, 119 North Avenue 51, Los Angeles, CA;
Joseph Turner, P.O. Box 91000, San Bernardino, CA.
The following individuals did not speak, but submitted speaker slips
indicating support of the initiative:
George Apker, 910 S. Willow Avenue, Rialto, CA;
Candice Casillas, 2075 W. Rialto Avenue, San Bernardino, CA;
Marci Dyke, 2075 W. Rialto Avenue, San Bernardino, CA;
June Hensley, 26014 Cypress, San Bernardino, CA;
Junior Lloyd, 20300 Avenida Hacienda, Riverside, CA;
Tori Stordahl, 5738 Golondrina Drive, San Bernardino, CA.
The following individuals spoke or submitted a speaker slip in opposition to
Mr. Turner's initiative:
Roberto Arreola, San Bernardino day laborer;
Veronica Federovsky, National Day Laborer Organization Network, 675
Parkview Avenue, Los Angeles, CA, and submitted letter;
Father Ray Rosales, 746 Long Beach Drive, Colton, CA;
Robert Ballantyne, 4341 Christy Avenue, San Bernardino, CA, and submitted
letter;
John Vega, Esq., 255 North "D" Street, San Bernardino, CA;
Art Guerrero, 1123 Central Avenue, San Bernardino, CA;
Rosa Elena Sahaqun, 4505 Allstate Drive, Riverside, CA;
Hector Villagra, ACLU, 2140 W. Chapman Avenue, Orange, CA;
Mark Jimenez, Hermandad Mexicana Latinoamericana, Riverside, CA, and
submitted letter;
Carlos L. Juarez, Esq., 255 North "D" Street, San Bernardino, CA;
Father Robert Miller, 1201 E. Highland Avenue, San Bernardino, CA;
Steve Figueroa, MAPA, Riverside, CA;
Deanna Adams, 1156 North "F" Street, San Bernardino, CA;
Sandy Bonilla, 1448 West 8' Street, San Bernardino, CA;
Herbert Samayoa, 26122 Mission Road, Loma Linda, CA;
Sister Carmel Crimmins, 1510 West 16' Street, San Bernardino, CA;
Reverend David Kalke, 1354 North "G" Street, san Bernardino, CA, and
submitted letter;
26 05/15/2006
Luis Carrillo, 625 S. Far Oaks, South Pasadena, CA;
Eduardo Valverde, 4075 Newmark Avenue, San Bernardino, CA;
Art Guevara, 31465 Los Rios Street, San Juan Capistrano, CA;
Father Guillen, 2002 S. Magnolia Avenue, Ontario, CA;
Maria Gonzalez, National Alliance for Human Rights;
Daniel Morales, 18961 Nandina Avenue, Riverside, CA;
Jose Calderon, President of the Pomona Valley Latino and Latina Roundtable;
Salvador Franco, Coachella, CA;
Guillermo Suarez, 508 N. Arrowhead Street, N8, San Bernardino, CA;
Joan Harter, Banning, CA;
Alejandro Ahumada, 12175 13' Street, Yucaipa, CA;
Gil Navarro, 1440 West 6' Street, San Bernardino, CA;
Rafael Renteria, 1484 Silver Lake, Los Angeles, CA;
Matt Striecker, Esq., 634 S. Spring Street, Los Angeles, CA;
Armando Navarro, NAHR Coordinator and UCR-Riverside Professor,
Riverside, CA, and submitted letter;
Alejandro Quinonez, 2300 N. Mountain Avenue, San Bernardino, CA;
John Mendoza, 1602 North Park Avenue, Pomona, CA;
Rosa Robles, 2404 San Anselmo Avenue, San Bernardino, CA;
Luis Valencia, 1700 E. Date Street, San Bernardino, CA;
Leroy Martinez, 7432 Apple Blossom Court, Highland, CA;
Allen Bartleman, Esq., 505 N. Arrowhead Avenue, San Bernardino, CA;
Leslie Radford, Keystone Avenue, Los Angeles, CA;
Hank Ramey, 1408 Belle Street, San Bernardino, CA;
Luz Maria Ayala, 22385 Louise Street, Perris, CA;
Esther Portillo, Center For Community Action & Environmental Justice
(speaker slip only);
Viola DeLeon Munoz, P.O. Box 33, San Bernardino, CA (speaker slip only);
Esther Jimenez, 1542 Union Street, San Bernardino, CA (speaker slip only);
Carmina E. Garcia, 212 Carne Blvd., La Puente, CA (speaker slip only);
The following individuals either spoke or submitted a speaker slip, but their
position was unclear:
Cheryl Brown, 1590 N. Waterman Avenue, San Bernardino, CA
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA;
David Owens, 550 West 5' Street, San Bernardino, CA, and submitted letter;
Rick Avila, 4022 North "F" Street, San Bernardino, CA;
Victor Lopez, 1364 Garner Avenue, San Bernardino, CA;
Don Sheets, 1164 W. Marshall Blvd., San Bernardino, CA;
Cynthia Valenzuela, 634 S. Spring Street, Los Angeles, CA.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the Certificate of Sufficiency, dated
May 4, 2006, for the following Initiative Petition be received and filed:
27 05/15/2006
"Initiative Measure proposing requirements and sanctions on businesses and
individuals regarding day laborer agencies, the solicitation of day laborers,
aiding and abetting illegal immigration and prohibiting persons or entities from
renting or leasing property to illegal aliens"; and that pursuant to Section 120 of
the City Charter, the Council pass the ordinance without alteration.
Council Member/Commissioner Estrada pointed out that there were three
motions in front of the Council —the first, to receive and file the Certificate of
Sufficiency; the second, to adopt the ordinance without alteration; and the third,
to call a special election at which time said ordinance would be submitted to a
vote of the people.
She stated that the Council did not have a choice on the first motion —a
ministerial act to receive and file the Initiative Petition —and suggested that the
Council consider motion #1 as a stand-alone motion.
Council Member/Commissioner Estrada made a substitute motion, seconded by
Council Member/Commissioner Baxter, that the Certificate of Sufficiency,
dated May 4, 2006, for the following Initiative Petition be received and filed:
"Initiative Measure proposing requirements and sanctions on businesses and
individuals regarding day laborer agencies, the solicitation of day laborers,
aiding and abetting illegal immigration and prohibiting persons or entities from
renting or leasing property to illegal aliens."
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
Council Member/Commissioner McGinnis. Absent: None. (Note: Council
Member/Commissioner Kelley registered a "no" vote, but later requested the
City Clerk to change his vote to a "yes.")
Council Member/Commissioner Estrada stated that although she was
vehemently opposed to what the initiative suggests and what it would require,
nevertheless, the Council was faced with having to do their duty as elected
officials and carry out the process that was started by the 2,200 individuals who
signed the petition. Therefore, with no other choice at this point, she favored
approval of motion #3, which would call a special election at which time said
ordinance shall be submitted to a vote of the people.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that pursuant to Section 120 of the City Charter,
the Council proceed to call a special election at which time said ordinance shall
be submitted to a vote of the people.
Council Member/Commissioner McGinnis noted that the issue really belongs
with the federal government, and he hoped everybody understood that this was
not initiated by the City or the City Council —that the Council was forced to act
28 05/15/2006
upon the initiative because others had gone through the initiative process and
filed a petition with the required number of signatures.
Council Member/Commissioner Kelley stated that he would like the Council to
consider motion fit prior to voting on motion ff3. He noted that some
individuals have said that this initiative was mean -spirited, racist, and designed
to discriminate against a certain segment of society; however, that was not the
case. According to Mr. Kelley, this initiative was about obeying the law, and
the law is that people come to this country legally. He stated that the
responsible thing to do would be to enact the initiative immediately and save the
taxpayers $250,000 and the long, drawn out, ugly political process that will
drag the good name of this city through the mud. He asked that the Council
approve the ordinance and let the courts take action, if need be, saving
taxpayers from the cost of a special election and the campaigns that would
divide the city.
Council Member/Commissioner Kelley made a substitute motion, seconded by
Council Member/Commissioner McCammack, that pursuant to Section 120 of
the City Charter, the Council pass the ordinance without alteration.
Council Member/Commissioner Estrada noted that several speakers had stated
that if the ordinance was passed, the City could anticipate litigation
immediately. However, even if the decision was made to submit the ordinance
to a vote of the people, if it passed, that could very well trigger litigation also.
Mayor/Chairman Morris advised that if the Council opted to go to the voters,
and the voters wisely decided to vote down this initiative, there would be no
need for litigation.
Council Member/Commissioner Derry stated that he did not believe that the
issue would be ripe for legal challenge until after the voters either pass it or fail
it. He stated that he had a feeling that this was a very hot button issue, and he
believed that it would pass if it goes to the voters. The City would then be stuck
with the passed ordinance, along with the divisiveness, and along with an
expensive bill to hold a special election. For that reason, he was voting to pass
the ordinance without alteration.
The substitute motion made by Council Member/Commissioner Kelley,
seconded by Council Member/Commissioner McCammack, to pass the
ordinance without alteration, failed by the following vote: Ayes: Council
Members/Commissioners Derry, Kelley, McCammack. Nays: Council
Members/Commissioners Estrada, Baxter, McGinnis, Johnson. Absent: None.
Council Member/Commissioner McCammack stated that bottom line there is no
doubt that this country should stop looking the other way when it comes to
29 05/15/2006
lawbreakers —and that means any kind of lawbreakers. She stated that the
Council did not have the answers or the legislative power to fix this problem —
and they won't have that power until someone changes federal law. She stated
that if the initiative will not hold up in court, which the Council has been told by
many speakers in the legal field that it won't, then why waste hundreds of
thousands of dollars of taxpayers money to put the issue to a special election —
that made no sense. Therefore, let the courts decide the unconstitutionality of
this initiative.
Ms. McCammack stated that she hurts for those families who come illegally to
the United States for a better life, but she hurts more for those people who came
here legally after being imprisoned in refugee camps for years, either in
Cambodia or Vietnam, and waited for years in those refugee camps for
permission to come legally to this country.
Council Member/Commissioner Johnson stated that he grew up in Alabama
where racism was very overt; however, in California racism has taken on a
more covert approach. It is now more sophisticated —they have websites and
utilize initiatives to spread their message, but the common denominator is still
the same —once you break it down to its lowest point, the message is still about
hate. It's about a class of people's perception of superiority to another class of
people.
Mr. Johnson stated that there were three reasons why he would be voting to call
for a special election on this particular ordinance. The first reason was the
underlying theme of racism that he felt was covertly woven into the fabric of
this malicious initiative. The second reason was that illegal immigration is a
national issue and not a local one, and this municipality should not have to bear
the burden of this legislation at a local level. And third, as a Councilman who
has a fiduciary responsibility to the citizens of this municipality, this City can't
afford it. He stated that as the Mayor and Council endeavor to direct services to
enforce provisions of this initiative, they would have to suspend vital services in
other areas. He added that the passage of this initiative could result in layoffs to
City staff in order to counter this initiative's expense.
Council Member/Commissioner Baxter stated that this is a federal issue, and for
us to take this upon ourselves and bankrupt our city is not an option. He stated
that he was offended that Mr. Turner took all of the petitions north of the 30
Freeway —that his ward is below the 30 Freeway and Mr. Turner refers to it as
a ghetto. He stated that he has hard working people in his ward who will do the
right thing, and if it comes to a vote, so be it.
Mayor/Chairman Morris stated that the City Attorney had done as he was
required by law to do, and that was to analyze the initiative as it was placed
before the voters. The Mayor read into the record the conclusions of the City
Attorney about this initiative, as follows:
30 05/15/2006
"There is a legal question as to whether this initiative measure conflicts with or
is preempted by federal and California laws. It is the opinion of the City
Attorney that this measure may be successfully challenged in whole or in part
based upon such laws."
Mayor/Chaiman Morris stated that as a legally trained individual, he shared Mr.
Penman's concerns —that he believed the initiative was fatally flawed. He stated
that there were two significant constitutional infirmities in the proposed
initiative. He believed that, if passed, a number of folks in the community, as
well as both state and national organizations, would immediately seek a
preliminary and permanent injunction prohibiting the City from enforcing the
provisions of the ordinance, and they would seek declaratory relief and ask the
court to find that the ordinance was unconstitutional and, therefore,
unenforceable.
He stated that the infirmities that he sees are the issue of preemption —it's been
discussed at the podium by all the attorneys who have spoken on the issue —for
it appears to unlawfully infringe upon the federal government's authority over
immigration and naturalization issues. It is called the supremacy clause. This is
a federal issue —not first —but first and last. Also, provisions 4, 5, 6, and 7 of
this proposed initiative violate the first article of the constitution; and provision
#8, the English only provision, he believes violates facially the first
amendment —the right to petition one's government in the language that one
possesses. He stated that that was an equal protection issue that he believed
would be argued successfully before the federal court, either here or in Los
Angeles.
Mayor/Chairman Morris noted that two months ago there was an election in this
City, and for all the candidates it was clear that the two issues that were to drive
this City's vision were the issues of economic revitalization and crime —serious,
violent crime. He stated that the voters had placed their confidence in his
leadership and his vision and in his fortitude to stay the course, and this
initiative was not a part of his vision —quite the opposite.
He stated that his top priority is to nurture our City's economic renaissance
while taking measures required to reduce crime and ensure safety in our
neighborhoods. This initiative is nothing more than an unfunded mandate to do
the job required by —demanded of —our federal government. It will divert our
City's energy and valuable resources in the millions of dollars and divert us
away from our true priorities of spurring economic development and making our
neighborhoods safer.
Mayor Morris stated that he believed the voters in this city are wise —he thought
they would understand that the expenditure of millions of dollars to attempt to
enforce and defend this initiative would be a costly and tragic diversion of our
31 05/15/2006
City's scarce fiscal resources. He stated that he was confident when this goes to
the voters that they will understand and defeat this initiative.
The motion made by Council Member/Commissioner Estrada, seconded by
Council Member/Commissioner Baxter, that pursuant to Section 120 of the City
Charter, the council proceed to call a special election at which time said
ordinance shall be submitted to a vote of the people, carried by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: Council Member/Commissioner McGinnis.
Absent: None.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the City Attorney be directed to
prepare the necessary documents to call for a special election.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
43. Display of U.S. Flag on Memorial Day, Flag Day and Fourth of July
Council Member/Commissioner Kelley stated that in addition to Memorial Day,
Flag Day and Fourth of July, he would also like to include 9/11 and Veterans
Day as special days that the flag would be displayed.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the Facilities Department be directed
to display the 22'x30' U.S. Flag on Memorial Day, Flag Day, Fourth of July,
9/11, and Veterans Day.
The motion failed by the following vote: Ayes: Council Members/
Commissioners Derry, Kelley, McCammack. Nays: Council Members/
Commissioners Estrada, Baxter, McGinnis, Johnson. Absent: None.
44. An ordinance repealing Chapter 3.72 of the San Bernardino Municipal
Code or a resolution adopting revised EMS User Fee Program and
authorizing execution of amendment to agreement with ADPI
Ordinance of the Mayor and Common Council of the City of San
Bernardino repealing Chapter 3.72 of the San Bernardino Municipal Code.
FINAL READING
32 05/15/2006
RES. 2006-147 - Resolution of the Mayor and Common Council of the City
of San Bernardino amending the City's Master Fee Schedule, Resolution
Number 2005-147 to reflect the new Emergency Medical Services (EMS)
User Fees; and authorizing execution of a First Amendment to the Billing
Service Agreement between the City of San Bernardino and Advanced Data
Processing Inc.
Fire Chief Pitzer explained that this item had two components that appeared to
be contradictory to each other. The first component was an ordinance that was
given a first reading at the Council/Commission meeting of May 1. If given its
second reading today, said ordinance would repeal Chapter 3.72 of the San
Bernardino Municipal Code, thereby disallowing the collection of Emergency
Medical Services fees.
However, staff was asking that the Council table the ordinance and adopt the
second component of the item, a resolution that would amend the City's Master
Fee Schedule to reflect new Emergency Medical Services (EMS) User Fees and
authorize a First Amendment to the Billing Service Agreement between the City
and Advanced Data Processing, Inc. for the collection of said fees.
Chief Pitzer stated that there were five salient points relative to the new EMS
User Fees:
• Reduce the current fee of $250 to $200;
• Exempt residents age 65 and older;
• Exempt residents who qualify for low income;
• Actively market the City's subscription membership program that allows
individuals to purchase a membership for $24 annually to cover all the
fees for emergency medical responses; and
• Extend the billing cycle to 180 days and then send to the billing company
for those who do not pay.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be tabled; and that said
resolution be adopted. (Note: Vote was taken following discussion.)
Council Member/Commissioner McCammack stated that she was absent at the
last meeting and did not have a chance to comment on the revised EMS User
Fee ordinance; however, she had voiced her concerns the last couple of times
when this item was discussed and they were talking about revamping the EMS
User Fee ordinance. She stated that if someone could tell her who the low-
income, utility tax-exempt families are, then she would be able to make her
comments a little more saliently.
33 05/15/2006
Chief Pitzer stated that he could tell her that it follows the HUD regulations and
is the same formula that Finance uses for qualifying low income, which is a
graduating scale based upon the number of people in the family. He provided
an example of a family of four earning an income of $24,000.
Council Member/Commissioner McCammack stated that if that is the case, it
would mean that a family of four earning $24,001 would be required to pay the
$200 per call fee. Basically, it appeared to her that what the City did was
reduce the amount of money that has to be paid, but have basically saddled the
cost upon the working poor.
She stated that as a very active member of the Assistance League, they work
very hard to handle families who are considered the working poor —they are not
on social assistance, they have no insurance, and they fall into the crack, so to
speak. According to Ms. McCammack, these are the families that will be
billed. She stated that it won't be the insurance companies that have a problem
paying this, or the folks who have significant earnings and medical insurance,
but these other folks who will be saddled with the cost, and she couldn't support
saddling the middle income families.
Mayor/Chairman Morris asked whether Ms. McCammack had taken into
consideration that we do have our own insurance plan for $24 per year.
Ms. McCammack ascertained that the City has done a very poor job of
marketing that insurance plan as was evident by all of the conversations that
have been occurring up to this point. Otherwise, we would not have a reason to
bill anybody, because we would have sold the insurance plan to everybody. She
stated that if she had a chance of increasing her medical insurance premium or
paying the $24, she would have paid the $24.
Council Member/Commissioner Kelley stated that he would like to suggest a
substitute motion which would include language similar to when a family or
business has a false alarm fee and the City gives them at least three false alarms
before they are billed. Therefore, he thought it would be fair to include
language that would allow just one EMS fee per year per family to be exempt.
Council Member/Commissioner McGinnis stated that he encouraged everybody
to buy the insurance, and hopefully, staff would be able to put that flyer in
everybody's mail; however, he did not want to amend his motion in any way.
Council Member/Commissioner McCammack made a substitute motion,
seconded by Council Member/Commissioner Kelley, that said ordinance be
tabled, and that said resolution be adopted, amended to include language that
those families who do not fall into one of the exempt categories would be
allowed one EMS User Fee per calendar year, per family, to be exempt.
34 05/15/2006
The substitute motion failed by the following vote: Ayes: Council Members/
Commissioners Derry, Kelley, McCammack. Nays: Council Members/
Commissioners Estrada, Baxter, McGinnis, Johnson. Absent: None.
The original motion made by Council Member/Commissioner McGinnis,
seconded by Council Member/Commissioner Baxter, that said ordinance be
tabled, and said resolution be adopted, carried, and Resolution No. 2006-147
was adopted by the following vote: Ayes: Council Members/ Commissioners
Estrada, Baxter, McGinnis, Johnson. Nays: Council Members/ Commissioners
Derry, Kelley, McCammack. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION
R45. Public hearing - recommended allocations of 2006/2007 Community
Development Block Grant (CDBG) funds; Emergency Shelter Grant (ESG)
funds, HOME funds and approval of related plans and reports (Continued
from May 1, 2006)
RES. 2006-127 - Resolution of the Mayor and Common Council of the City
of San Bernardino 1) Approving the 2006/2007 Community Development
Block Grant (CDBG) and Emergency Shelter Grant (ESG) appropriations
and HOME categories; 2) Approving the Year 2006/2007 Consolidated
Annual Action Plan and Analysis of Impediments (AI); 3) Authorizing the
Mayor to execute and submit to HUD necessary documents and take all
necessary actions for the execution of any contracts; and 4) Approving the
Five (5) Year Impediments to the Fair Housing Plan. (R45A)
RES. 2006-128 - Resolution of the Mayor and Common Council of the City
of San Bernardino amending the 2005-2010 Consolidated Plan and the 2005-
2006 Annual Action Plan related to prior HOME allocations for specific
affordable housing projects. (R45B)
The hearing remained open.
Council Member/Commissioner McCammack stated that she knew the Council
had passed a bond issue with future payment to be made from HOME funds or
CDBG funds regarding the downtown redevelopment area, and she saw no
mention of this in the backup document.
Maggie Pacheco, Executive Director, Economic Development Agency, advised
that none of these programs are slated for the commitment of the repayment for
the bond issue. She stated that the bond issue that the Commission authorized is
a bond that is supported and paid through the low- and moderate -income
35 05/15/2006
housing fund —the tax increment funds of the Redevelopment Agency. The
funds before the Council today are federal funds.
Council Member/Commissioner McCammack stated that she would abstain on
this item because several of the recommendations were for organizations that are
business clients of hers. She left the Council Chambers, returning after the vote
was taken.
Council Member/Commissioner Johnson stated that he serves on the Board of
Directors of the Boys and Girls Club; therefore, he would be abstaining on that
one item only (Item No. 4 listed under Community Development Block Grant).
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that said
Resolutions A & B (except for Item No. 4 under the CDBG funds) be adopted.
The motion carried and Resolution Nos. 2006-127 and 2006-128 were adopted
by the following vote: Ayes: Council Members/Commissioners Estrada,
Baxter, McGinnis, Derry, Kelley, Johnson. Nays: None. Abstentions:
Council Member/Commissioner McCammack. Absent: None.
Council Member/Commissioner Johnson left the Council Chambers and
returned following the vote on Item No. 4.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that Item No. 4 (Boys and Girls Club) be
approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley. Nays: None.
Abstentions: Council Members/Commissioners Johnson, McCammack.
Absent: None.
R46. RES. CDC/2006-13 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Executive Director to execute an Agreement between the Redevelopment
Agency of the City of San Bernardino and AON, Inc. for the demolition of
the property located at 745 W. 5' Street, San Bernardino in the Central
City North Redevelopment Project Area and appropriating $41,800 of
Agency funds for such demolition.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
36 05/15/2006
Resolution No. CDC/2006-13 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley,
Johnson. Nays: Council Member/Commissioner McCammack. Absent:
None.
47. Public Comments
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the
investigation into the death of his father and how everyone in law enforcement
pushed that killing under the rug. He distributed a document containing exhibits
and facts of the case as he perceived them after doing his investigation.
Betty Jean Long, San Bernardino, CA, stated that her husband is dying and she
is not well; that the drivers in San Bernardino are trying to run over her; and
thanked the Mayor and Council for listening to her.
Robert Rego, 5856 Merito Avenue, San Bernardino, CA, commented on the
City's website. He stated that he has seen some wonderful changes on the site,
but he has one concern. The Government Accounting Standards Board defines a
Comprehensive Annual Financial Report as a report card of what a government
entity does ---it tells us what that entity is doing with our money; how they are
utilizing it; and what our return on investment is. He advised that the City of
San Bernardino is one of the few locations that does not have a PDF file of the
Comprehensive Annual Financial Report on its website. Citizens can access the
State of California, the City of Corona, the Colton Unified School District, the
City of Ontario, etc. He stated that the cost of a hard copy is prohibitive for the
average citizen, and the Government Accounting Standards Board recommends
that it be available to the average citizen in the community. He recommended
that the Comprehensive Annual Financial Report be placed on the website as a
PDF file for access for all citizens.
Judi Penman, 221 East Marshall, San Bernardino, CA, CEO of the Chamber
of Commerce, made announcements regarding upcoming events and activities of
the Chamber.
37 05/15/2006
48. Adjournment
At 9:43 p.m., the meeting was adjourned to 5:00 p.m., Monday, May 22, 2006,
at the Cal State San Bernardino University Foundation Board Room for a
workshop concerning goals and priorities for FY 2006/07.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m., Monday, June 5, 2006,
in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
No. of Items: 48
No. of Hours: 8
RACHEL G. CLARK
City Clerk
By: 4"�' • &42
Linda E. Hartzel 61
Deputy City Clerk
38 05/15/2006