HomeMy WebLinkAbout06-05-2006 MinutesMayor Patrick J. Morris
Council Members:
CITY OF SAN BERNARDINO Esther Estrada
300 N. "D" Street Dennis J. Barter
Gordon McGinnis
San Bernardino, CA 92418 Neil Derry
Website: www.sbcity.org 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 - 4" District,
Division Two, Court of Appeal Case No. E036942; San Bernardino
Superior Court Case No. SSCVSS 18157.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A -F) of
Government Code Section 54956.9:
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
Mid -Management
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Central City North Redevelopment Project Area
1. Property Address: 796 West 5' Street, San Bernardino
APN 0134-054-25
Negotiating Parties: Maggie 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
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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
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)
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
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
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 VAP 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.
CV00-00107-RT.
Under Agenda Item No. 1C, Initiation of Litigation, a possible Declaratory Relief
Action - City v. Florentino Garza
Under Agenda Item No. 1B, 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, 4' 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.
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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 15 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 Avenue Heritage Park project funded,
built and operating for the citizens of San Bernardino.
5 06/05/2006
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.
11. 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 -1227 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner McGinnis.
7 06/05/2006
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 Members/
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
Avrio 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 Council 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 and
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, McCammack. 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
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 7'h 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, McCammack. 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 4' 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 4' 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 BC1000XL 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 staff's 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 giving 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. 6' 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: Ayes: Council Members/
Commissioners Derry, Kelley, McCammack. Nays: Council Members/
Commissioners Estrada, Baxter, Johnson. Absent: Council Member/
Commissioner McGinnis.
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: Ayes: Council Members/
Commissioners Derry, Kelley, McCammack. Nays: Council Members/
Commissioners Estrada, Baxter, Johnson. Absent: Council Member/
Commissioner McGinnis.
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 06/05/2006
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' 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`" 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 06/05/2006
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. CDC/2006-16 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. CDC/2006-17 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 5' Ward and now resides in the 2' 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.
No. of Items: 46
No. of Hours: 5.2
RACHEL G. CLARK
City Clerk
Linda
Deputy City Clerk
24 06/05/2006