Loading...
HomeMy WebLinkAbout06-Council Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Gordon McGinnis Neil Derry Chas Kelley Rikke Van Johnson Wendy McCammack ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JUNE 5,2006 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 1:35 p.m., Monday June 5, 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, Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Members/Commissioners McGinnis, Kelley. Council Member/Commissioner Kelley Arrived At 1:40 p.m., Council Member/Commissioner Kelley arrived at the Council/ Commission meeting. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Manta Management, Inc. v. City of San Bernardino - 4th District, Division Two, Court of Appeal Case No. E036942; San Bernardino Superior Court Case No. SSCVSS 18157. 06/05/2006 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9: SESAC v. City of San Bernardino 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: Negotiator: Linn Livingston, Human Resources Director Employee Organizations: San Bernardino Police Officers Association ~id-~anagement G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Central City North Redevelopment Project Area 1. Property Address: 796 West 5th Street, San Bernardino APN 0134-054-25 Negotiating Parties: ~aggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and William R. Bland, property owner/seller Under Negotiation: Purchase price, terms, and conditions 2. Property Address: 495 North "G" Street, San Bernardino APN 0134-101-28 2 06/0512006 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Allied Capital Investments, LLC, property owner/seller Under Negotiation: Purchase price, terms, and conditions 3. Property Address: 631 North "G" Street, San Bernardino APN 0134-021-29 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Willie and Jerry Wagoner, and Rose Harris, property owners/sellers Under Negotiation: Purchase price, terms, and conditions Central City Redevelopment Project Area (Carousel Mall) 4. Property Address: APN 0134-201-25 and 0134-211-36 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Upham Development Company, property owner/seller Under Negotiation: Purchase price, terms, and conditions 5. Property Address: APN 0134-301-29 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and El Corte Ingles, S.A. Company, property owner/seller Under Negotiation: Purchase price, terms, and conditions 6. Property Address: APN. 0134-211-38; 0134-211-34; 0134-231-29; 0134-231-27; 0134-291-11; 0134-301-22 and 0134- 181-28 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and LNR San Bernardino, LLC, property owner/seller Under Negotiation: Purchase price, terms, and conditions 7. Property Address: APN 0134-181-29, 0134-191-28, 0134-201-26, 0134-211-39, 0134-221-44 and 46, 0134-231-30, 0134-264-18,0134-271-31,0134-281-21,0134-291- 12, 0134-301-20 and 28 3 06/05/2006 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Fred Wilson, City Manager, on behalf of the City of San Bernardino, property owner/seller, regarding the City interests in said parcels as the same may appear in that certain Reciprocal Easement Agreement affecting said parcels Under Negotiation: Purchase price, terms, and conditions City Attorney Penman announced that the following additional cases would be discussed in closed session: San Bernardino City Professional Firefighters Union Local 891 and Richard Lewis v. Larry Pitzer et al. - United States District Court Case No. CV00473 V AP SGL; Hassan v. City of San Bernardino et al. - United States Central District Court Case No. EDCV 050328-VAP (SGLx); Hamilton v. City of San Bernardino - United States Court of Appeals, Ninth Circuit, Case Nos. 0456568 and 0556640, United States Central District Court Case No. CVOO-00107-RT. Under Agenda Item No. lC, Initiation of Litigation, a possible Declaratory Relief Action - City v. Florentino Garza Under Agenda Item No. lB, Significant Exposure to Litigation, an issue regarding the Police Department's monthly reports. Closed Session Announcement City Clerk Clark announced that in closed session a motion was made by Council Member/Commissioner Derry, seconded by Council Member/Commissioner Estrada, to go forward with an appeal to the State Supreme Court in the case of Manta Management Incorporated v. City of San Bernardino, 4th District, Division Two, Court of Appeal Case No. E036942, San Bernardino Superior Court Case No. SSCVSS 18157. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland 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. 4 06/05/2006 Moment of Silence Mayor/Chairman Morris expressed condolences to the families and requested a moment of silence in memory of Superior Court Judge Roberta McPeters, who served as a Superior Court Judge in the County of San Bernardino for 21 years; Joyce Martin, longtime resident of San Bernardino, founder of the Humane Society in San Bernardino, and teacher for IS years in San Bernardino City schools; retired fire captain LeRoy Velarde who retired from the City's Fire Department after 22 years of service; Joe T. Ballard, longtime businessman and City resident who owned and operated AAA Plumbing and Heating in San Bernardino for 45 years; and Wally Green, a City employee who just recently retired after having served under the administration of Mayor Judith Valles. Invocation/Pledge of Allegiance The invocation was given by Dr. Woody Hall, Pastor of the Lutheran Church of Our Savior, followed by the pledge of allegiance, led by Diego Murillo of Anderson School. 2. Appointments - Santa Ana River Trail Commission . Steve Henthorn - Council Member/Commissioner Estrada . Evelyn Wilson - Council Member/Commissioner Baxter . Rev. Fred Adams - Council Member/Commissioner McGinnis . Jim Mulvihill - Council Member/Commissioner Johnson . Peggy Scoggin - Council Member/Commissioner McCammack Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the appointments of Steve Henthorn, Evelyn Wilson, Rev. Fred Adams, Jim Mulvihill and Peggy Scoggin to the Santa Ana River Trail Commission, as requested by Council Members/Commissioners Estrada, Baxter, McGinnis, Johnson and McCammack, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 3. Presentations Council Member/Commissioner Johnson presented Certificates of Recognition to the Arroyo Valley High School Golf Team for their participation in building loft houses for families in Mexico. Council Member/Commissioner Derry presented the Citizen of the Month Award to Christian Tobar for getting the Electric A venue Heritage Park project funded, built and operating for the citizens of San Bernardino. 5 0610512006 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic and community events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, 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, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 6. Council Minutes - May 1, 2006 & May 22, 2006 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to June 19, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 7. Claims & Payroll Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated May 24, 2006, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 8. Personnel Actions Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Chief Examiner, dated May 24, 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. 6 06/05/2006 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 9. ORD. MC-1225 - 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. FINAL READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be adopted. Ordinance No. MC-1225 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 10. ORD. MC-1226 - 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. FINAL READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be adopted. Ordinance No. MC-1226 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. II. ORD. MC-1227 - 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. FINAL READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be adopted. Ordinance No. MC-122? was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter. Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 7 06/0512006 . I 12. Request for budget amendment to appropriate an additional $83,100 for election costs Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council authorize the Director of Finance to amend the FY 2005/06 budget and appropriate $83,100 from the General Fund's undesignated/unreserved fund balance to Account No. 001-032-5502 (Elections - Professional/Contractual Services) to fully cover the cost of the City's Primary Election held on November 7,2005. The motion carried by the following vote: Ayes: Council Membersl Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 13. RES. 2006-148 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino in the case of Patrick Major v. San Bernardino Fire Department, City of San Bernardino, et al. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-148 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 14. Resolution repealing Resolution No. 86-350 providing for contract plan checking services and providing new methods for assessing fees and compensating consultants, and resolution approving Amendment No.2 to the Agreement with Transtech Engineers, Inc. for professional civil engineering plan checking services. RES. 2006-149 - Resolution of the City of San Bernardino repealing Resolution No. 86-350 entitled in part "Resolution...provisions for contract plan checking provided by City employed consultants" and providing new methods for assessing fees to applicants and compensating consultants. (14A) RES., 2006-150 - Resolution of the City of San Bernardino approving Amendment No. 2 to Agreement for Services with Transtech Engineers, Inc. for professional civil engineering plan checking services. (14B) 8 06/05/2006 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolutions A&B, be adopted. Resolution Nos. 2006-149 and 2006-150 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 15. RES. 2006-151 - Resolution of the City of San Bernardino determining the amount of property tax revenues to be exchanged between and among the City of San Bernardino and the County of San Bernardino resulting from the jurisdictional change described by LAFCO 3050 for the annexation of unincorporated territory located in the Arrowhead Springs area, generally northerly and northeasterly of State Highway 18 and Old Waterman Canyon Road, to be known as Annexation No. 360. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-151 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 16. RES. 2006-152 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Grand Pacific Contractors, Inc. for installation of reinforced concrete box culvert at 2128 Orange Street (SD04-16) per Plan No. 11568. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-152 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 17. RES. 2006-153 - Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A Resolution...prohibiting parking upon certain designated streets, alleys, or portions thereof..." to establish a no parking except by permit at any time zone on the west side of Los Feliz Drive between Mirada Road and Twenty-ninth Street. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. 9 06/05/2006 Resolution No. 2006-153 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 18. RES. 2006-154 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution...designating certain streets, or portions thereof as through highways..." and establishing a four- way stop at the intersection of Mill Street and Macy Street. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-154 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 19. RES. 2006-155 - Resolution of the City of San Bernardino authorizing the Purchasing Manager to award a purchase order for police vehicle safety lighting and siren equipment with Federal Signal Corp of University Park, IL. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-155 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 20. RES. 2006-156 - 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 A vrio Corporation of Glendale, CA. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-156 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 21. RES. 2006-157 - 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. 10 06/05/2006 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-157 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 22. RES. 2006-158 - Resolution of the City of San Bernardino authorizing a five year maintenance contract for police scheduling software with InTime Solutions of Burnaby, BC, Canada. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-158 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 23. RES. 2006-159 - Resolution of the City of San Bernardino authorizing the Purchasing Manager to award an annual purchase order and service agreement for the City's 800 MHz voice/data backbone, MDC maintenance, dispatch console maintenance, and user equipment maintenance with the County of San Bernardino's 800 MHz Group. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-159 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 24. Resolution of the City of San Bernardino authorizing the renewal of a maintenance contract for maintenance services from Compudyne PS&J Inc. of Pleasanton, California. Note: No resolution was distributed with the backup materials. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. (Note: Later in the meeting this matter was reconsidered and the following action was taken.) 11 06/05/2006 Fred Wilson, City Manager, advised that the maintenance contract was not yet ready and requested a two-week continuance. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the matter be reconsidered. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of June 19, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 25. RES. 2006-160 - Resolution of the City of San Bernardino authorizing a Fiscal Year 2006/2007 purchase of services with AT&T for frame relay services providing connectivity from City remote sites to City Hall. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-160 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 26. RES. 2006-161 - Resolution of the City of San Bernardino authorizing a Fiscal Year 2006/2007 purchase of services with AT&T for Direct Internet Access services. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-161 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 27. RES. 2006-168 - Resolution of the Mayor and Common Couucil of the City of San Bernardino authorizing the Mayor of the City of San Bernardino to execute a Lease Agreement between the City of San Bernardino aud Omnipoint Communications Inc. for the lease of three hundred and twelve (312) square feet of land at 1717 West Fifth Street. 12 06/05/2006 Council Member/Commissioner Estrada stated that she had safety concerns with the proximity and location of the antenna to the general public. Lemuel Randolph, Director of Parks, Recreation and Community Services, stated that it is a fairly common practice for cellular phone providers to lease space at park facilities, particularly those that have lighted facilities because what they are requesting is approval of the exchange of an existing light pole for a cellular tower pole which will house the lighting system as well as the cellular components. Mr. Randolph stated that they have not found any evidence that there is any negative impact with respect to that type of application regarding the public's use and proximity. Council Member/Commissioner Estrada stated that she felt it was a good way to get some things for the park, but she is concerned about the safety aspect of those antennas and the proximity of the people who go to the park. She stated that she would support the motion; however, she stated that she would like to have that information forwarded to her office for her own personal satisfaction that what the City is doing is safe. Mr. Randolph stated that he was certain studies have been done with respect to that issue. However, he stated that he was not certain of the longevity issue because obviously this technology has not been around for decades, so there may not be a history that would provide evidence. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2005/06 Parks, Recreation and Community Services General Fund budget to include revenue in the amount of $120,000 to Account No. 001-000-4520 and expenditure of $120,000 in Account No. 001-382-5706-0000, per the staff report dated April 27, 2006, from Lemuel P. Randolph, Director of Parks, Recreation & Community Services. The motion carried and Resolution No. 2006-168 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCamrnack. Nays: None. Absent: Council Member/Commissioner McGinnis. 28. RES. 2006-162 - Resolution ratifying the submittal of a grant application and authorization to administer a Program Continuation Grant from the Corporation for National and Community Service in the amount of $300,600 to continue the administration and operation of the Senior Companion Program for the period July 1, 2006 through June 30,2007. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. 13 06/05/2006 . I Resolution No. 2006-162 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 29. RES. 2006-167 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement between the City of San Bernardino and the County of San Bernardino Probation Department for shared use of the recreation facilities at the former Norton Air Force Base for the period of July 1, 2006 through June 30,2007. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, urged the City to take core samples and test the water at the former Norton Air Force Base because he believes it still contains radiological waste. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-167 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 30. RES. 2006-163 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute Amendment 2 of Contract 05-689 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 2006-2007. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-163 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 31. RES. 2006-164 - Resolution of the Mayor and Common Council of City of San Bernardino authorizing the Mayor to execute Amendment No. 16 to the Agreement between the City and Casa Ramona, Inc. relating to the operation of a drop-in center located at 1524 West 7th Street, San Bernardino, California, to extend the term of the Agreement for an additional one year period. Council Member/Commissioner Estrada indicated that she would be abstaining on this item because Casa Ramona is her employer. 14 06/05/2006 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-164 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, Derry, Kelley, Johnson, McCamrnack. Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent: Council Member/Commissioner McGinnis. 32. RES. 2006-165 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an annual purchase order in the amount of $30,940 to Waterline Technologies for swimming pool chemicals (chlorine and acid) for FY 2006/07. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-165 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 33. Request for Civic and Promotion funding for the 2006 4th of July celebration at Arrowhead Credit Union Park Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council approve funding in the amount of $22,908 from the Civic and Promotions Fund for the 2006 4th of July Celebration at Arrowhead Credit Union Park. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 34. RES. 2006-166 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Vermeer Pacific for a BCI000XL brush chipper to be utilized by the Public Services Department Street Division. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-166 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 15 06/05/2006 35. Public hearing - resolution ordering work - San Bernardino International Airport/ Alliance-California Area Landscape and Lighting Maintenance Assessment District No. 1022, Zones 1, 2 and 3 Note: No resolution was distributed with the backup materials. 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 San Bernardino International Airport/ Alliance-California area, generally north of Central Avenue, east of Lena Road and south of 3" Street, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1022, Zone 1, Zone 2, and Zone 3, 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. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/Commission meeting of June 19, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. (Note: Later in the meeting this matter was reconsidered and the following action was taken.) Council Member/Commissioner McCammack advised that the public hearing should have been opened in order to meet advertising regulations. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the matter be reconsidered. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. Mayor/Chairman Morris opened the hearing. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to June 19, 2006. 16 06/05/2006 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 36. 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. (Continued from May 15, 2006) Note: Agenda Item Nos. 36 and 37 were considered simultaneously. No resolution was included in the backup materials. Christa Wallis, 3739 Palm Crest Drive, Highland, CA, stated that she is a marriage and family therapist with the Counseling Team International and for the past 20 years they have provided Employee Assistance Programs (EAP) services to the City such as grief counseling, mental health services, parenting issues, divorce and separation. She stated that they also respond to critical incident occurrences within the City from any City agency and they have on-call therapists who work 24 hours per day, 7 days per week to cover calls such as officer involved shootings, the death of an employee, traffic fatalities, drownings and/or serious injuries to children. Ms. Wallace stated that the Counseling Team International is a renowned psychological corporation that was started over 20 years ago, and the main office is located within the City of San Bernardino. Ms. Wallis stated that Agenda Item Nos. 36 and 37 are to renew the EAP contract only for City Police and Fire and to go with another provider for the general City employees. She stated that in her opinion this decision would be detrimental to the City because she believes that all City employees deserve the same high quality and level of service from their EAP provider. She urged the Council to reconsider staffs recommendation to split the EAP services and to contract entirely with the Counseling Team International for all City employees. Ms . Wallis stated that their contract last year was for $39,000, and what is being proposed is actually an increase of $7,000 with $35,000 to PacifiCare and $12,000 to the Counseling Team. Staff had recommended that the matter be referred to the Personnel Committee. Council Member/Commissioner McCammack stated that due to some serious family emergencies, she would not be able to attend the next meeting of the Personnel Committee and asked if that meeting could be postponed until her return. 17 06/05/2006 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the matter be referred to the Personnel Committee, and that the next meeting of the Personnel Committee be postponed. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 37. 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. (Continued from May 15, 2006) Note: Agenda Item Nos. 36 and 37 were considered simultaneously. No resolution was included in the backup materials. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the matter be referred to the Personnel Committee, and that the next meeting of the Personnel Committee be postponed. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 38. Resolution of the City of San Bernardino calling and glvmg notice of a Special Municipal Election to be held in the City of San Bernardino on September 12, 2006 for the purpose of submitting to the qualified electors of the City a proposed initiative ordinance relating to illegal immigration; requesting the Registrar of Voters of the County of San Bernardino to conduct the Special Municipal Election; transmission of the proposed ballot measure to the office of the City Attorney for purposes of preparation of an impartial analysis; other related matters. Dana Reed, Reed and Davidson, 520 S. Grand, Ste. 700, Los Angeles, CA, representative for Mr. Florentino Garza, stated that it is their position that, under the San Bernardino City Charter, this initiative has not qualified in that the petition accompanying the proposed ordinance was not signed by electors equal in number to 30 percent of the entire votes cast for Mayor in the immediately preceding election, and that the City Clerk erred in providing and signing a Certificate of Sufficiency. Mr. Reed stated that there are two issues, the first issue being the question of ambiguity as to the meaning of Section 120. He stated that they believe Section 120 is clear and any ambiguity was caused by looking at extraneous information 18 06/05/2006 such as the California Elections Code, which is clearly not applicable to a Charter City that was founded 200 years ago and is exercising its municipal business of electing candidates and enacting municipal ordinances. Mr. Reed stated that the second point is whether or not this is a moving target and whether it is fair to the proponent to pick a different day. He stated that it is their position that there is no moving target and that the number of signatures changes every four years. He stated that the proponent knew that an election was going to be held in November and that a run-off, if necessary, would be held in February, and he had every opportunity to turn in his signatures at any time prior to the certification of the election to be held in February. Mr. Reed stated that a special election should not be called. Council Member/Commissioner Estrada clarified that the required number of signatures needed was based on the Mayoral election of Judith Valles. Gil Navarro, 1440 W. 6th Street, San Bernardino, CA, stated that this was a mean spirited issue that would divide the City if approved. He urged the Council to deny this item. James Penman, City Attorney, stated that after studying the initiative, it is the opinion of the City Attorney's Office that it is very unlikely that it would withstand a constitutional challenge. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, to adopt said resolution setting the election date of September 12, 2006. The motion failed by the following vote: Commissioners Derry, Kelley, McCammack. Commissioners Estrada, Baxter, Johnson. Commissioner McGinnis. Ayes: Nays: Absent: Council Members/ Council Members/ Council Member/ Mayor/Chairman Morris stated that the Council could defer the setting of the election date until after they have heard from the judge relative to the interpretation of the City's Charter on the adequacy of the signatures on the initiative petition. Council Member/Commissioner Derry advised that because the motion failed, it would have to be re-agendized as a different item for a different day. Council Member/Commissioner McCammack stated that the Council could reconsider it and a substitute motion could be made. 19 06/05/2006 Mr. Penman stated that under the City's Charter, if a matter receives a tie vote and the Mayor chooses not to cast a vote to break the tie, then the matter fails and is basically dead unless someone votes to reconsider it at this meeting or puts it on a future agenda. Council Member/Commissioner Kelley stated that the City owed it to the more than 3,000 residents who signed this initiative to do something other than file a declaratory relief. Mayor/Chairman Morris stated that they have the duty to act within the statutory time frame of 135 days and that the election date could be as late as October 4. Council Member/Commissioner Estrada asked when the declaratory relief action would be filed and possibly heard. Mr. Penman stated that the issue of setting the election and the issue of the City Clerk's Certificate of Sufficiency were two separate issues and Section 120 of the City Charter requires the Mayor and Council to proceed to call a Special Election forthwith after the Clerk has attached her Certificate of Sufficiency. Council Member/Commissioner Estrada asked if moving the date of the election to September 26, 2006, would be sufficient time to get the declaratory relief action taken care of. Mayor/Chairman Morris stated that the declaratory relief action would be heard very quickly. He stated that Mr. Penman indicated that he had asked his staff to have the request to the court prepared by mid week of this week, and with an expedited briefing schedule, he would expect that this matter could be heard within two weeks. The Mayor stated that the Council could decide not to set a specific date for the election until they've heard back from the court. Mr. Penman stated that the Council has discretion as to the date they choose for the election, but they do not have discretion as to whether or not they set the election. He encouraged the Council to follow the Charter and proceed to call the special election. Mayor/Chairman Morris stated that the issue is that a serious question has been raised about whether or not they need an election due to the inadequacy of the number of signatories on the petition and that is the question that the court ultimately must decide. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, to adopt said resolution setting the election date of September 26, 2006. 20 06/05/2006 The motion failed by the following vote: Commissioners Derry, Kelley, McCammack. Commissioners Estrada, Baxter, Johnson. Commissioner McGinnis. Ayes: Nays: Absent: Council Members/ Council Members/ Council Member/ 39. RES. 2006-169 - Resolution of the Mayor and Common Council of the City of San Bernardino repealing Resolution Number 2006-118. RES. 2006-170 - Resolution authorizing and approving the borrowing of funds for Fiscal Year 2006-2007; the issuance and sale of a 2006-2007 Tax and Revenue Anticipation Note therefor and participation in the California Communities Cash Flow Financing Program. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolutions be adopted. Resolution Nos. 2006-169 and 2006-170 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 40. Legislative Update Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of June 19, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. COMMUNITY DEVELOPMENT COMMISSION Staff Present Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack; City Clerk Clark, Economic Development Agency Executive Director Pacheco and Special Counsel Sabo. Absent: Council Members/Commissioners McGinnis, Derry. R41. RES. CDC/2006-14 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the Redevelopment Project Study Agreement ("Agreement") with ICO Fund V, LLC ("Developer") - Central City North Redevelopment Project Area. 21 0610512006 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. CDC/2006-14 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson. Nays: Council Member/Commissioner McCammack. Absent: Council Members/ Commissioners McGinnis, Derry. R42. Property owner hearing - Resolution of public interest and necessity for acquisition of real property - 796 West 5'h Street RES. CDC/2006-15 - Resolution of the Community Development Commission of the City of San Bernardino declaring the Public Interest and Necessity of Acquisition of Real Property by the Redevelopment Agency of the City of San Bernardino for community redevelopment purposes over the property located at 796 West 5'h Street, San Bernardino, California (APN: 0134-054-25) in the Central City North Redevelopment Project Area. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. CDC/2006-15 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson. Nays: Council Member/Commissioner McCammack. Absent: Council Members/Commissioners McGinnis, Derry. R43. Property owner hearing - resolution of public interest and necessity for acquisition of real property - 495 North "G" Street RES. CDC/2006-16 - Resolution of the Community Development Commission of the City of San Bernardino declaring the public interest and necessity of acquisition of real property by the Redevelopment Agency of the City of San Bernardino for community redevelopment purposes over the property located at 495 North "G" Street, San Bernardino, California (APN: 0134-101-28) in the Central City North Redevelopment Project Area. Mayor/Chairman Morris opened the hearing. No public comments were received. 22 06105/2006 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. CDC12006-16 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson. Nays: Council Member/Commissioner McCammack. Absent: Council Members/Commissioners McGinnis, Derry. R44. Property owner hearing - resolution of public interest and necessity for acquisition of real property - 631 North "G" Street RES. CDC/2006-17 - Resolution of the Community Development Commission of the City of San Bernardino declaring the Public Interest and Necessity of Acquisition of Real Property by the Redevelopment Agency of the City of San Bernardino for community redevelopment purposes over the property located at 631 North "G" Street, San Bernardino, California (0134-021-29) in the Central City North Redevelopment Project Area. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. CDC12006-17 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/ Commissioners McGinnis, Derry. 45. Public Comments Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that he hoped the Council's action regarding Agenda Item No. 38 and setting a special election would not affect the outcome of Measure "D"; criticized the lack of City support received by Franks Meats; and expressed concern regarding the temporary storage of nuclear waste at Skull Valley, Utah. Deanna Adams, 1156 N. "F" Street, San Bernardino, CA, stated that the issue of eminent domain reform will appear on the November ballot. She agreed that members of the City Council deserve a pay increase (Measure "D"); however, she does not agree with the automatic raises. 23 06/05/2006 Betty Jean Long, resident of San Bernardino, CA, spoke regarding the illegal immigration issue. Herbert Blair, resident of San Bernardino, CA, stated that he was evicted from the 5th Ward and now resides in the 2"d Ward. 46. Adjournment At 7:07 p.m., the meeting adjourned to Thursday, June 8, 2006, at 4:00 p.m. in the Economic Development Agency Boardroom for budget deliberations. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, June 19, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk ~ xL-ti 7 By' -' . ,)h'/ZId . Linda Sutherland ~ Deputy City Clerk No. of Items: 46 No. of Hours: 5.2 24 06/05/2006