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Home My WebLink About05-15-2006 Reg. Agenda Mayor Patrick J. Morris Council Members: CITY OF SAN BERNARDINO Esther Estrada Dennis J. Baxter 300 N. “D” Street Gordon McGinnis San Bernardino, CA 92418 Neil Derry Website: www.sbcity.org Chas Kelley Rikke Van Johnson Wendy McCammack AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, MAY 15, 2006 – 1:30 P.M. COUNCIL CHAMBERS The City of San Bernardino recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Director of Facilities Management (384-5244) two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. (Community Development Commission Items are on Pages 18 & 19.) CALL TO ORDER: ___________________________________________ PRESENT: ___________________________________________ ABSENT: ___________________________________________ PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. 05/15/2006 1 CLOSED SESSION 1. Pursuant to Government Code Section(s): MOTION: That the Mayor and Common Council and Community Development Commission recess to closed session for the following: A. Conference with legal counsel – existing litigation – pursuant to Government Code Section 54956.9(a): Ford Wholesale Company, Inc. v. County of San Bernardino – San Bernardino Superior Court Case No. SCVSS 124378; Patrick Major v. San Bernardino Fire Department, City of San Bernardino, et al. – San Bernardino Superior Court Case No. SCVSS 129136. B. Conference with legal counsel – anticipated litigation – significant exposure to litigation – pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: ALGROUP Inc. v. City C. Conference with legal counsel – anticipated litigation – initiation of litigation – pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session – personnel – pursuant to Government Code Section 54957: Contract Extension Fire Chief Contract Extension Code Compliance Director E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public’s right of access to public services or public facilities – pursuant to Government Code Section 54957. 05/15/2006 2 (Item Continued on Next Page) 1. Continued. F.Conference with labor negotiator – pursuant to Government Code Section 54957.6: Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino Police Officers Association G. Conference with real property negotiator – pursuant to Government Code Section 54956.8: Mt. Vernon Corridor Redevelopment Project Area 1. Property: APN: 0138-115-07 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer and Jaime Meyer on behalf of Clear Channel Outdoors, as seller Under Negotiation: Purchase price, terms and conditions Central City South Redevelopment Project Area 2. Property: APN: 0136-162-23 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer and Albert Valderama, as seller Under Negotiation: Purchase price, terms and conditions 3. Property: APN: 0136-161-18 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer and Celia Cornejo, as seller Under Negotiation: Purchase price, terms and conditions 05/15/2006 3 1. Continued. Central City North Redevelopment Project Area (Downtown Acquisition Program) 4. Property: Vacant land APN: 0134-101-04, 05, and 06 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer and Charles H. Garner and Sarah M. Garner, as Trustees, Garner Family Trust, as seller Under Negotiation: Purchase price, terms and conditions Central City North Redevelopment Project Area 5. Property: 440 West Court Street APN: 0134-241-53 Negotiating Parties: Patrick J. Morris, Agency Chair, and Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer and James L. Adams, as owner/seller Under Negotiation: Purchase price, terms and conditions 6. Property: 480 West Court Street APN: 0132-241-40 Negotiating Parties: Patrick J. Morris, Agency Chair, and Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer and Chase Financial Service, LLC, as owner/seller Under Negotiation: Purchase price, terms and conditions END OF CLOSED SESSION 05/15/2006 4 RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Mayor Morris – City’s representative to Omnitrans Board of Directors & Council Member Estrada – City Alternate Member. MOTION: That the Mayor and Common Council approve the appointment of Mayor Morris as the City’s representative to the Omnitrans Board of Directors, and Council Member Estrada as the alternate member, pursuant to Section 3 of the Omnitrans Joint Powers Agreement. 3. Presentations. 4. Announcements by Mayor and Common Council. All Consent Calendar items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or other interested persons so request, in which event the item will be removed from the Consent Calendar and considered in its normal sequence on the agenda. Information concerning Consent Calendar items is available for public review. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 32, be adopted except for ____, ____, ____, ____, and ____. 5. Waive full reading of resolutions and ordinances. MOTION: That full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council and Community Development Commission and Joint Powers Authority, be waived. 05/15/2006 5 6. Council Minutes. MOTION: That the minutes of the following meetings of the Mayor and Common Council/Community Development Commission be approved as submitted in typewritten form: March 20, 2006 (Distributed on 5/3/06) April 3, 2006 (Distributed on 5/3/06) April 17, 2006 (Distributed on 5/4/06) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated May 1, 2006, from Barbara Pachon, Director of Finance, be approved. 8. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated May 11, 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. LAID OVER FROM MAY 1, 2006 City Attorney 9. An Ordinance of the City of San Bernardino amending Section 9.68.010(A)(1) of the San Bernardino Municipal Code relating to curfew during the City sponsored Market Night by adding Subsection (A)(1)(c). FINAL READING (Backup material distributed May 1, 2006, Item No. 24.) MOTION: That said ordinance be adopted. City Manager 10. Set Dates for FY 2006-07 Budget Hearings. (See Attached) MOTION: That the following dates be set for deliberations of the FY 2006/07 City/EDA budgets to be held in the EDA Board Room: Thursday, June 8, 2006, 3:00-5:00 p.m. Tuesday, June 20, 2006 2:00-4:00 p.m. 05/15/2006 6 Wednesday, June 21, 2006 2:00-4:00 p.m. Code Compliance 11. Resolution of the City of San Bernardino authorizing execution of a Services Agreement with Los Padrinos, Youth Services, Inc., a non-profit organization. (See Attached) (Cost to the City -- $588,000 from CDBG Funds.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 12. Resolution of the City of San Bernardino objecting to the May 2006 Tax Sale of Properties with City Assessments. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Development Services 13. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a Contract to J.D.C., Inc. for construction of sidewalk at Medical th Center Drive from 19 Street to Highland Avenue, Phase VIII – 2005/06 (SS- B), per Plan No. 11684. (See Attached) (Cost to the City -- $33,500 from the ½ Cent Sales and Road Tax Fund.) (Resolution not available at time of printing.) Ward 6 MOTION: That the Director of Finance be authorized to amend the FY 2005/06 budget by transferring $33,500 from Account No. 129- 367-5504-7381 “SS04-48 Rancho Avenue Median Construction” to Account No. 129-367-5504-7202 “SS-B Accessibility Improvements at Various Locations (Annual)”; and that said resolution be adopted. 14. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to F S Construction for beautification enhancement for bus stop on the west side of “E” Street adjacent to the parking structure between th Court Street and 4 Street (SS04-36) per Project Plan No. 11579. (See Attached) (Cost to the City –- $85,000 from CDBG Funds and Gas Tax Funds.) (Resolution not available at time of printing.) Ward 1 MOTION #1: That the Director of Finance be authorized to amend the FY 2005/06 budget to reduce the funding allocation of Community 05/15/2006 7 Development Block Grant funding for project SS04-36 “E” Street Bus Stop Relocation to Court Street from $100,000 to $50,000 in Account No. 126-000-4670; and 14. Continued. MOTION #2: That the Director of Finance be authorized to amend the FY 2005/06 budget by transferring $35,000 from Account No. 126- 369-5504-7581 “SS06-01 4th Street cul-de-sac at Mt. Vernon Avenue” to Account No. 126-369-5504-7322 “SS04-36 “E” Street Bus Stop Relocation to Court Street; and MOTION #3: That said resolution be adopted. 15. Authorize payment of legal fees. MOTION: That the Mayor and Common Council allocate the sum of $4,040.28 from the City Attorney Outside Counsel budget (Line Item 001-051-5503) for payment to Erica Tabachnick in the amount of $1,040.28, and authorize payment of additional bills to Erica Tabachnick, not to exceed $3,000, without further approval of the Mayor and Common Council. 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute Amendment No. 1 to the Agreement for Professional Traffic Modeling services with Srinivasa S. Bhat. (See Attached) (No net cost to the City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2005/06 budget by increasing revenue Account No. 001-000-4710 by $15,000 and expenditure Account No. 001-185-5502 by $15,000 to cover anticipated expenses and revenue reimbursements for Srinivasa S. Bhat for FY 2005/06. 17. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Silvia Construction, Inc., for pavement rehabilitation at thnd Pennsylvania Avenue from Baseline Street to 16 Street, and 2 Street from I- 215 Freeway to “E” Street, (SS06-39) and (SS06-40), per Project Plan No. 11602, and authorization for the Director of Finance to amend the FY 2005/06 Budget. (See Attached) (Cost to the City -- $400,000 from the California 05/15/2006 8 Infrastructure and Economic Development Bank Loan.) (Resolution not available at time of printing.) Wards 1&6 (Item Continued on Next Page) 17. Continued. MOTION: That the Director of Finance be authorized to amend the FY 2005/06 budget by transferring $50,000 from Account No. 240- 379-5505-000 to Account No. 240-379-5504-7617 “Pennsylvania Avenue”, and by transferring $100,000 from Account No. 240- 379-5505-000 to Account No. 240-379-5504-7618 “2nd Street; and that said resolution be adopted. 18. Resolution authorizing the City of San Bernardino to submit projects and commit funding for FY 2006/2007-2011/2012 Regional Transportation Improvement Program (RTIP). (See Attached) (No cost to the City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Facilities Management 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of an annual purchase order to SK Telecon, Inc. for the cable pull services to the City’s Telephone System for the Facilities Management Department in the amount of $35,430.00. (See Attached) (Cost to the City -- $35,430.00 from the Telephone Support Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of a purchase order to Nexus I.S. for the equipment maintenance of the City’s telephone system for the Facilities Management Department in the amount of $45,720.14. (See Attached) (Cost to the City -- 05/15/2006 9 $45,720.14 from the Telephone Support Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 21. Resolution of the Mayor and Common Council of San Bernardino authorizing the Mayor to execute the first amendment to Contract 04-257 with the County of San Bernardino and the Boys and Girls Club of San Bernardino to provide facility improvements at the Boys & Girls Club using County CDBG funds. (See Attached) (Cost to the City -- $69,292 from the General Fund.) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2005/06 adopted budget and increase Account No. 001-0321-5706 by $69,300 and the offsetting revenue account by $69,300 to reflect the County CDBG reimbursement to be received. Finance 22. Receive and file final report on Federal Disaster Declaration 1498 called the “California Wildfires” which includes the December 25, 2003 floods and mud/debris flow. (See Attached) MOTION: That the Mayor and Common Council receive and file the final report on Federal Disaster Declaration 1498 called the “California Wildfires” which includes the December 25, 2003 floods and mud/debris flow. Fire 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance or designee to issue a purchase order to Nexus IS in the amount of $51,375.32 for a telephone conference bridge. (See Attached) (Cost to the City -- $51,375.32 from the Federal and State Programs Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Human Resources 24. Resolution of the City of San Bernardino awarding a Services Agreement and an annual purchase order with two single year renewal options to Pacificare 05/15/2006 10 Behavioral Health, in an amount not to exceed $35,000. (Document and Resolution not available at time of printing.) MOTION: That the matter be continued to June 5, 2006. 25. Resolution of the City of San Bernardino awarding a Service Agreement, with two single year renewal options to the Counseling Team International, in an amount not to exceed $12,000. (Document and Resolution not available at time of printing.) MOTION: That the matter be continued to June 5, 2006. Police 26. Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain police applicant files, papers and pre- employment polygraph examinations pursuant to Section 34090 of the Government Code of the State of California. (No cost to the City.) (Resolution not available at time of printing. All Wards MOTION: That said resolution be adopted. Public Services 27. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submittal of the funding request form to the Department of Conservation, Division of Recycling for California Beverage Container Recycling and Litter Reduction activities. (See Attached) (No cost to the City – $53,613 in grant funding requested.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submittal of 2006/2007 Used Oil Recycling Block Grant application for grant funds from the California Integrated Waste Management Board. (See Attached) (No cost to City -- $50,377 in grant funding requested.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 05/15/2006 11 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to a purchase order to Guzman Construction Company for repair of sidewalks, curbs, gutters, and cross gutters at various locations throughout the City of San Bernardino. (See Attached) (Cost to the City -- $49,200 from the General Fund.) (Resolution not available at time of printing.) All Wards 29. Continued. MOTION: That said resolution be adopted; and that the Director of Finance be authorized to transfer $49,200 from the Street Division budget Account No. 001-402-5502 to the Street Division budget, Account No. 001-406-5505. 30. Authorization to amend the FY 2005/06 I-Bank Capital Improvement budget. (See Attached) (Cost to the City -- $267,000 from the California Infrastructure and Economic Development Bank Loan Fund.) (Resolution not available at time of printing.) All Wards MOTION #1: That the Mayor and Common Council authorize the Director of Finance to transfer $45,500 from I-Bank Capital Improvement Program budget Account No. 240-379-5504-7612; to I-Bank Capital Improvement Program budget Account No. 240-379— 5504-7615; and MOTION #2:That the Mayor and Common Council authorize the Director of Finance to amend the FY 2005/06 Capital Improvement Program budget by appropriating an additional $267,000 from the I-Bank contingency fund balance to Account No. 240-379-5504-7606 in the amount of $180,000 and to Account No. 240-379-5504-7644 in the amount of $87,000. 31. Authorize a transfer of funds from the ½ Cent Sales Tax budget Account No. 129-367-5504-7589 to ½ Cent Sales Tax budget Account No. 129-367-5504- 7588 in the amount of $54,000.00. (See Attached) (Cost to the City -- $54,000 from the ½ Cent Sales and Road Tax Fund.) All Wards MOTION: That the Mayor and Common Council authorize the Director of Finance to transfer $54,000 from ½ Cent Sales Tax budget Account No. 129-367-5504-7589 to ½ Cent Sales Tax budget Account No. 129-367-5504-7588. 05/15/2006 12 32. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to McCray Enterprises to refurbish two (2) automated refuse trucks including a new Labrie Automizer refuse body to be utilized by the Public Services Department Refuse Division. (See Attached) (Cost to the City -- $372,599.68 from the Motor Pool Fund.) (Resolution not available at time of printing.) 32. Continued. MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2005/06 Refuse budget to appropriate $372,600 from the unappropriated Refuse Fund balance into Account No. 527-412-5173, Outside Vehicle Maintenance. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the May 2, 2006 meeting of the Legislative Review Committee – Committee Members present: Kelley, Derry and Baxter 33. An Ordinance readopting the Santa Ana River Trail Commission and an Ordinance amending Section 2.02.30 and adding Section 2.10.040, and renumbering Section 2.14.040, Titled “City Engineer - Duties”. (Document not available at time of printing.) A. Ordinance of the City of San Bernardino repealing Chapter 2.77, Titled “Santa Ana River Trail Commission,” and Readopting as Chapter 2.27 of the San Bernardino Municipal Code. FIRST READING (Ordinance not available at time of printing.) B. Ordinance of the City of San Bernardino amending Section 2.02.30, adding Section 2.10.0040, and renumbering Section 2.14.0040, Titled “City Engineer – Duties,” of the San Bernardino Municipal Code. FIRST READING (Ordinance not available at time of printing.) MOTION: That said ordinances A&B, be laid over for final adoption. 05/15/2006 13 Recommended for approval at the May 3, 2006 meeting of the Ways and Means Committee – Committee Members present: Estrada and Johnson 34. Request for fee waiver – Our Lady of the Assumption School Annual Family Fun Fair. (See Attached) (Cost to the City -- $3,078 from the General Fund.) (Item Continued on Next Page) 34. Continued. MOTION: That the Mayor and Common Council approve the request for a fee waiver for a Temporary Use Permit for Our Lady of Assumption School Annual Family Fun Fair. END OF COMMITTEE CONSENT PUBLIC HEARINGS City Clerk TO BE HEARD AT 4:00 P.M. 35. Appeal hearing regarding denial of fireworks stand application submitted by Praise Tabernacle, aka Empowerment Temple Christian Fellowship. (See Attached) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Mayor and Common Council uphold the decision of the City Clerk to deny the fireworks application submitted by Praise Tabernacle, aka Empowerment Temple Christian Fellowship. Development Services TO BE HEARD AT 4:00 P.M. 36. Public hearing – resolution ordering work – formation of a Landscape Maintenance Assessment District in the Shandin Hills Drive and Shady Creek Drive area – Tract No. 14254 – Assessment District No. 1042. (See Attached) (No cost to the City -- $4,000 processing fee paid by applicant.) Ward 5 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 05/15/2006 14 exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the area of Shandin Hills Drive and Shady Creek Drive, approving the Final Engineer’s Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1042, ordering the work, confirming the 2006-2007 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. (Resolution not available at time of printing.) Mayor to open the hearing . . . 36. Continued. MOTION: That the hearing relative to the formation of the Shandin Hills Drive and Shady Creek Drive Area Landscape Maintenance Assessment District No. 1042 be closed; and that said resolution be adopted. TO BE HEARD AT 4:00 P.M. 37. Public meeting - San Bernardino International Airport/Alliance-California area Landscape and Lighting Maintenance Assessment District (AD 1022). (See Attached) (No cost to the City -- $6,000 processing fee paid by applicant.) Ward 1 Mayor to open the public meeting . . . MOTION: That the public meeting relative to the formation of the San Bernardino International Airport/Alliance-California Area Landscape and Lighting Maintenance Assessment District (AD 1022), be closed, and protests and ballots, if any, be carried over to the public hearing on June 5, 2006, at 4:00 p.m. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM NOVEMBER 21, 2005 Development Services 38. Approve request for continuance for Tentative Tract No. 14112 located northeasterly of the intersection of Foothill Drive and Sterling Avenue. (New Staff Report Attached) (Original backup material was distributed on December 3, 2001, Item No. 28; item was continued to March 4, 2002, Item No. 24; item was continued to June 3, 2002, Item No. 26; item was continued to December 2, 2002, Item No. 28; item was continued to January 05/15/2006 15 21, 2003, Item No. 28; item was continued to May 19, 2003, Item No. 12; item was continued to August 18, 2003, Item No. 27; item was continued to November 17, 2003, Item No. 30; item was continued to May 19, 2003, Item No. 12; item was continued to August 18, 2003, Item No. 27; item was continued to November 17, 2003, Item No. 30; item was continued to May 17, 2004, Item No. 20; item was continued to November 15, 2004, Item No. 38; item was continued to May 16, 2005, Item No. 36; and item was continued to November 21, 2005, Item No. 26.) Ward 4 MOTION: That the Mayor and Common Council deny the request for continuance of the Final Map for Tentative Tract No. 14112. CONTINUED FROM MAY 1, 2006 39. Cancellation of contract with GWINCO Construction and Engineering, Inc. for Old Waterman Canyon Road Bridge Repair (SS05-11) per Plan No. 11304, payment to GWINCO Construction and Engineering, Inc. for direct and indirect costs incurred for Old Waterman Canyon Road Bridge Repair (SS05-11) per Plan No. 11304 and a resolution approving Agreement for Professional Services with LAN Engineering Corporation to provide Engineering Services for the design of Old Waterman Canyon Bridge Replacement and authorization for the Director of Finance to amend the FY 2005/06 budget. (New Staff Report Attached) (Backup material distributed May 1, 2006, Item No. 14.) Ward 4 Resolution of the City of San Bernardino approving a Professional Services Agreement with LAN Engineering Corporation to provide engineering services for the design of old Waterman Canyon Bridge replacement. (Resolution not available at time of printing.) MOTION #1:That the Mayor and Common Council cancel the contract with GWINCO Construction and Engineering, Inc. for Old Waterman Canyon Road Bridge Repair (SS05-11) per Plan No. 11304, under provisions of Section 6-5 of the Standard Specifications; and MOTION #2:That the Mayor and Common Council authorize payment of $19,368 out of Gas Tax Funds (Account No. 126-369-5504-7452) to GWINCO Construction and Engineering, Inc., for direct and indirect costs incurred for Old Waterman Canyon Road Bridge Repair (SS05-11) per Plan No. 11304; and MOTION #3: That the Mayor and Common Council authorize the Director of Finance to amend the FY 2005/06 budget to appropriate $505,000 in the Street Construction Fund (Account No. 242-362- 5504-7671) for the “Old Waterman Canyon Bridge Replacement” and to budget revenue reimbursement for the project from FEMA 05/15/2006 16 ($378,800); OES ($94,700); and the City share of $31,500 to be transferred from ½ Cent Sales and Road Tax from Account No. 129-367-5504-7156 (Street and Safety Improvements) to 129-367- 5504-7671 (Old Waterman Canyon Bridge Replacement); and MOTION #4: That said resolution be adopted approving Agreement for Professional Services with LAN Engineering Corporation to provide engineering services for the design of Old Waterman Canyon Bridge Replacement. CONTINUED FROM MAY 1, 2006 Police 40. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to sign a Lease Agreement with the County of San Bernardino Real Estate Services for offsite office space on behalf of the San Bernardino Police Department. (Backup material distributed May 1, 2006, Item No. 21.) MOTION: That said resolution be adopted. END OF CONTINUED ITEMS STAFF REPORTS City Clerk’s Office 41. An Ordinance of the City of San Bernardino amending Section 2.56.170 of the San Bernardino Municipal Code relating to calling special elections. FIRST READING (Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. 42. Certificate of Sufficiency for Initiative Petition submitted by Joseph Turner. (See Attached) MOTION #1:That the Certificate of Sufficiency, dated May 4, 2006, for the following Initiative Petition be received and filed: “Initiative Measure proposing requirements and sanctions on businesses and individuals regarding day laborer agencies, the solicitation of day 05/15/2006 17 laborers, aiding and abetting illegal immigration and prohibiting persons or entities from renting or leasing property to illegal aliens”; and MOTION #2: That pursuant to Section 120 of the City Charter, the Council pass the ordinance without alteration; or MOTION #3: That pursuant to Section 120 of the City Charter, the Council proceed to call a special election at which time said ordinance shall be submitted to a vote of the people. Council Office 43. Display of U.S. Flag on Memorial Day, Flag Day and Fourth of July. (See Attached) MOTION: That the Facilities Department be directed to display the 22’x30’ U.S. Flag on Memorial Day, Flag Day and on Fourth of July. LAID OVER FROM MAY 1, 2005 Fire 44. An ordinance repealing Chapter 3.72 of the San Bernardino Municipal Code or a resolution adopting revised EMS User Fee Program and authorizing execution of amendment to agreement with ADPI. A. Ordinance of the Mayor and Common Council of the City of San Bernardino repealing Chapter 3.72 of the San Bernardino Municipal Code. FINAL READING B. Resolution of the Mayor and Common Council of the City of San Bernardino amending the City’s Master Fee Schedule, Resolution Number 2005-147 to reflect the new Emergency Medical Services (EMS) User Fees; and authorizing execution of a First Amendment to the Billing Service Agreement between the City of San Bernardino and Advanced Data Processing Inc. (Resolution not available at time of printing.) MOTION: That said ordinance be tabled; and that said resolution be adopted. END OF STAFF REPORTS 05/15/2006 18 COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM MAY 1, 2006 TO BE HEARD AT 5:00 P.M. R45. Public hearing – recommended allocations of 2006/2007 Community Development Block Grant (CDBG) funds; Emergency Shelter Grant (ESG) funds, HOME funds and approval of related plans and reports. (Document not available at time of printing.) (Item Continued on Next Page) R45. Continued. A. Resolution of the Mayor and Common Council of the City of San Bernardino 1) Approving the 2006/2007 Community Development Block Grant (CDBG) and Emergency Shelter Grant (ESG) appropriations and HOME categories; 2) Approving the Year 2006/2007 Consolidated Annual Action Plan; 3) Authorizing the Mayor to execute and submit to HUD necessary documents and take all necessary actions for the execution of any contracts; and 4) Approving the Five (5) Year Impediments to the Fair Housing Plan. (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino amending the 2005-2010 Consolidated Plan and the 2005- 2006 Annual Action Plan related to prior HOME allocations for specific affordable housing projects. (Resolution not available at time of printing.) The hearing remains open . . . MOTION: That the hearing be closed; and that said Resolutions A & B, be adopted. R46. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director to execute an Agreement between the Redevelopment Agency of the City of San Bernardino th and AON, Inc. for the demolition of the property located at 745 W. 5 Street, San Bernardino in the Central City North Redevelopment Project Area and 05/15/2006 19 appropriating $41,800 of Agency funds for such demolition. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 47. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission on a matter not on the agenda. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. (Usually any items heard under this heading are referred to staff for further study, research, completion and/or future Council/Commission action.) 48. Adjournment. MOTION: That the meeting be adjourned to 5:00 p.m., Monday, May 22, 2006, at the Cal State San Bernardino University in the Foundation Board Room. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, June 5, 2006, in the Council Chambers of City Hall, 300 North “D” Street, San Bernardino, California. 05/15/2006 20 NOTICE: Any member of the public may address this meeting of the Mayor and Common Council/Community Development Commission on any item appearing on the agenda by approaching the microphone in the Council Chambers when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and Common Council/Community Development Commission concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and Common Council/Community Development Commission, may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed forty-five (45) minutes, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. The Mayor and Common Council/Community Development Commission may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and Common Council/Community Development Commission. However, no other action shall be taken nor discussion held by the Mayor and Common Council/Community Development Commission on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. 05/15/2006 21