HomeMy WebLinkAbout09-18-2006 MinutesCITY OF SAN BERNARDINO
300 N. "D " Street
San Bernardino, CA 92418
Website: www.sbcily.org
MTNT TTRS
Mayor Patrick J. Morris
Council Members.,
Esther Estrada
Dennis J. Baxter
Vacant
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCammack
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
SEPTEMBER 18, 2006
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council, Community
Development Commission, and San Bernardino City Housing Authority of the City of
San Bernardino was called to order by Mayor/Chairman Morris at 1:33 p.m., Monday,
September 18, 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,
Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City
Manager Wilson. Absent: None. Vacant: Third Ward.
1. Closed Session
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
The
the
Department of Transportation v. the Redevelopment Agency of the City
of San Bernardino et al. - San Bernardino Superior Court Case No.
SCVSS 141024;
Kenneth Brown v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 107526.
09/18/2006
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9:
Stewart Cumming v. Northwest Project Area Committee and
Redevelopment Agency
Claim filed by City of Riverside/Gage Canal Company
Utility Users Tax
Hiring Outside Counsel to review Cable/Telecommunications Ordinance
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
Redevelopment Agency/San Bernardino City Housing Authority v. Bonnie
S. Johnson
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Central City North Redevelopment Project Area
1. Property Address: 396 North "E" Street, San Bernardino
APN: 0134-221-45 and 46
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer and Central City Commerce Center;
Nick Coussoulis and wife; Dr. Jerome T.
Taurek and wife; Marie Jay, property
owners/sellers
2 09/18/2006
Under Negotiation: Purchase price, terms and conditions
City Attorney Penman announced that the following additional cases
would be discussed in closed session:
California Bio-Mass v. City of San Bernardino - San Bernardino
Superior Court Case No. SCVSS 083473 & 4' District Court of Appeal
Case No. E037065;
Center for Biological Diversity v. City of San Bernardino - San
Bernardino Superior Court Case No. SCVSS 132463.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common
Council, Community Development Commission, and San Bernardino City Housing
Authority.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Barnabas Laubach, Chaplain at St. Bernardine's
Medical Center, followed by the pledge of allegiance, led by Kevineshia Williams of
Bradley Elementary School.
Moment of Silence
Mayor/Chairman Morris expressed condolences to the family and requested a moment
of silence in memory of Donald A. Kipp, who passed away on September 7. Mr. Kipp
worked with the City's Police Department for three years, but was best known for his
28 years of service with the California Highway Patrol. He retired as a captain of the
CHP and then went to work for State Senator Ruben Ayala for ten years.
2. Appointments
A. Re -appointment - Carl Clemons - Board of Police Commissioners -
Mayor Morris.
B. Re -appointment - Benjamin Gonzales - Alternate - Board Police
Commissioners - Mayor Morris.
C. Appointment - Robert Vincent - Alternate - Board of Police
Commissioners - Mayor Morris.
D. Appointment - Shirley Harlan - Community Television Commission -
Council Member Derry.
E. Appointment - Shirley Harlan - Senior Affairs Commission - Council
Member Derry.
3 09/18/2006
Council Member/Commission Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the re -appointments and appointments A-
E, as requested by Mayor Morris and Council Member Derry, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Johnson, McCammack. Nays: None.
Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
3. Proclamations & Presentations
Jim and Judy Watson and Chuck Diamond of Watson and Associates presented a
check to Mayor Morris and Council Member Kelley in the amount of $20,000
for landscape improvements at University and the I-215 Freeway.
Council Member/Commissioner McCammack presented a resolution of
commendation to Russell Lackner, former Councilman and current member of
the Community Television Commission, in appreciation of his many years of
service to the City and the community.
Mayor Morris presented a check from the Route 66 burnout contest in the
amount of $4,000 to the Boys and Girls Club of San Bernardino, which was
accepted by Dr. Queen Hamilton, member of the Executive Board of the Boys
and Girls Club, and Clifford Hackney, Chief Professional Officer.
The following individuals were presented a service pin award by Mayor Morris
in recognition of their many years of dedicated service to the City:
Name
Department
Olivia Partida
Development Services
Lyn Humphrey
Information Technology
David Allen
Fire
Donald Day
Fire
Anthony Galvan
Fire
Mark Graham
Fire
Brian Solorio
Fire
Mathew Block
Police
Clemente Elizalde
Public Services
Candace Gonzales
Public Services
Eddie Kelley
Public Services
Jacqueline Soto
Public Services
Years of Service
5
15
15
15
25
25
20
5
25
5
25
5
4
09/18/2006
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, community, and chamber events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that full reading of the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common
Council, Community Development Commission, and San Bernardino City
Housing Authority, be waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission be
approved as submitted in typewritten form: August 2, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
7. Claims & Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated August 30,
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: None. Vacant: Third Ward.
5 09/18/2006
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the personnel actions, as submitted by the
Chief Examiner, dated September 15, 2006 in accordance with Civil Service
rules and Personnel policies adopted by the Mayor and Common Council of the
City of San Bernardino, be approved and ratified.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
9. RES. 2006-328 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute an Animal Housing
Services Agreement by and between the City of San Bernardino and the
City of Grand Terrace from July 1, 2006 through June 30, 2007.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-328 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
10. RES. 2006-329 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a License Agreement regarding off -site
electronic message center freeway sign for Arrowhead Credit Union Park
and accepting a deed for a parcel of land from Arrowhead Central Credit
Union.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-329 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
6 09/18/2006
11. RES. 2006-330 - Resolution of the City of San Bernardino preliminarily
determining that the public convenience and necessity require the formation
of a landscape maintenance assessment district located in the Eucalyptus
Avenue and Randall Avenue area without compliance with the Special
Assessment Investigation, Limitation and Majority Protest Act of 1931;
declaring its intention to proceed to order work within the district, to be
known as Assessment District No. 1048; preliminarily approving the
Engineer's Report and giving notice of a public meeting and public hearing.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services and
the City Clerk be authorized to proceed under SBMC 12.90, with the
establishment of a Landscape Maintenance Assessment District in the
Eucalyptus Avenue and Randall Avenue area (Tract No. 17273), to be known as
Assessment District No. 1048; and that said resolution be adopted.
The motion carried and Resolution No. 2006-330 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
12. RES. 2006-331 - Resolution of the City of San Bernardino preliminarily
determining that the public convenience and necessity require the formation
of a landscape maintenance assessment district located in the Magnolia
Avenue and Ohio Avenue area without compliance with the Special
Assessment Investigation, Limitation and Majority Protest Act of 1931;
declaring its intention to proceed to order work within the district, to be
known as Assessment District No. 1041; preliminarily approving the
Engineer's Report and giving notice of a public meeting and public hearing.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services and
the City Clerk be authorized to proceed under SBMC 12.90, with the
establishment of a Landscape Maintenance Assessment District in the Magnolia
Avenue and Ohio Avenue area (Tract No. 15228), to be known as Assessment
District No. 1041; and that said resolution be adopted.
The motion carried and Resolution No. 2006-331 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
13. RES. 2006-339 - 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 Palm Avenue and Irvington Avenue.
7 09/18/2006
Council Member/Commissioner Kelley noted that a traffic signal was really
needed at this intersection; and City Manager Wilson advised that staff hopes to
have a signal installed at this location during fiscal year 2008/09.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2006-339 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
14. RES. 2006-332 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute an Agreement with
Pine Trails Partners, LLC, a California Limited Liability Company, for
Pine Avenue improvements.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-332 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
15. Resolution of the City of San Bernardino approving a Services Agreement
with Convert -A -Doc for the provision of document imaging services.
Note: No resolution was distributed with the backup materials.
City Manager Wilson advised that staff was requesting a two -week continuance
on this item.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the Council/
Commission meeting of October 2, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
16. RES. 2006-333 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a Professional Services Agreement with Rutan
& Tucker, LLP for legal services regarding a claim for utility user tax
refund by the City of Riverside.
8 09/18/2006
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-333 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
17. RES. 2006-334 - 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 L. N. Curtis & Sons in the amount of $52,012.92 for
small talk plus systems and self-contained breathing apparatus.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-334 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
18. RES. 2006-335 - Resolution of the Mayor and Common Council of the City
of San Bernardino adopting the National Incident Management System as
part of the City's Emergency Management System.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-335 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
19. Establish salaries for Police Department Ranges P-1, P-2, P-3 & Law
Enforcement Trainee effective August 1, 2006
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the salaries for Police Department Ranges
P-1 (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant) and Law
Enforcement Trainee be established, effective August 1, 2006;
That the Director of Human Resources be authorized to amend Resolution No.
6429 to reflect this action; and
9 09/18/2006
That the Director of Finance be authorized to amend the FY 2006/2007 budget
by increasing the Police Department General Fund budget by $2,192,300 for
Charter 186 costs by appropriating $877,300 from the General Fund Budget
Reserve and transferring $1,315,000 from the General Government Budget in
Account No. 001-092-5011 and also make the appropriate adjustments to the
various Police Grants as allowed by the Grants for the Charter 186 costs.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
20. RES. 2006-336 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the purchase of a SAN (Storage Area
Network) Enterprise Backup System for the City's computer servers from
CDW Government, Inc.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-336 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
21. RES. 2006-340 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to Purchase Order No. 999384 to
Ranch Rock Products for removal of debris from the City owned Chestnut
Debris Basin located in the Verdemont area north of Pahn Avenue in the
City of San Bernardino.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-340 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
21A. RES. 2006-337 - Resolution of the Mayor and Common Council authorizing
the City Manager to execute an agreement between the City of Los Angeles
and the City of San Bernardino for Los Angeles to loan four refuse
collection vehicles to the City of San Bernardino.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
10 09/18/2006
Resolution No. 2006-337 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
22. RES. 2006-338 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing a grant of perpetual, non-exclusive easement
to Waterman BP, LLC for landscape and utilities on property located on
Waterman Avenue and Steele Street, San Bernardino, CA (APN 0141-342-
04-0000).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-338 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
23. An Ordinance of the Mayor and Common Council of the City of San
Bernardino, California repealing Chapter 8.21; repealing and replacing
Chapter 8.24 of the San Bernardino Municipal Code regarding garbage and
rubbish and repealing and replacing Chapter 8.25 regarding scavenging of
recyclable materials. FIRST READING
City Manager Wilson advised that Agenda Item Nos. 23, 23A, and 23B were all
related to a review done by the Public Services Department to update the
provisions of the Municipal Code that relate to refuse and recycling. He pointed
out that the major change being proposed is the inclusion of an enforcement
process for illegally placed bins. He stated that the new process requires a 24-
hour notice to be posted on illegally placed bins, and failure to remove those
bins may result in the seizing and storing of the bins.
Ken Fischer, Director of Public Services, stated that staff had combined a
couple of existing ordinances, so a lot of the language had remained the same
and was already included in the Municipal Code. He reiterated that the real
change was the enforcement portion, which would provide "teeth" to the code
and allow the City to go after those illegally placed bins.
It was noted that a violation of this chapter shall be considered a misdemeanor,
and may be punished as such by up to six months in jail and a $1,000 fine;
however, at the discretion of the City Attorney, the violation of any provisions
of this article of the Municipal Code may be filed as an infraction.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner McCammack that said ordinance be laid over for final
adoption.
11 09/18/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
23A. An Ordinance of the Mayor and Common Council of the City of San
Bernardino amending Chapter 9.90 of the San Bernardino Municipal Code
regarding authority to arrest - citations. FIRST READING
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner McCammack that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
23B. An Ordinance of the Mayor and Common Council of the City of San
Bernardino amending Section 8.39.020 of the San Bernardino Municipal
Code regarding nuisance vehicles. FIRST READING
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner McCammack that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
24. An Ordinance of the City of San Bernardino amending Section 5.04.525(D)
of the San Bernardino Municipal Code and adding Section 5.04.525(II) to
the San Bernardino Municipal Code relating to Business Registration fees
based on gross receipts. FIRST READING
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner McCammack that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
25. Public hearing - resolution ordering vacation of the north -south alley, west
of Mount Vernon Avenue, north of 5`s Street
12 09/18/2006
RES. 2006-341 - Resolution of the City of San Bernardino ordering the
vacation of the north -south alley, west of Mount Vernon Avenue, north of
5' Street (Plan No. 11664).
Mayor/Chairman Morris opened the hearing.
Council Member/Commissioner Estrada stated that it has been over 20 years
since there has been a gas station on the west side of town.
Valerie Ross, Director of Development Services, advised that the Planning
Commission had approved the conditional use permit, and vacation of the alley
was the last step in the process. She stated that it had been determined that the
alley was not needed for access —that the parcels will not be landlocked by
vacating the alley. She added that the use was not inconsistent with the General
Plan, that no objections had been received from adjoining property owners or
utilities, and access would be reserved for the utility companies and other
agencies, such as for refuse pickup.
No public comments were received.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed and the Findings of
Fact, as set forth in the staff report from the Director of Development Services,
as to why the north -south alley, west of Mount Vernon Avenue, north of 5'
Street is no longer necessary for public street purposes, be adopted; and that
said resolution be adopted.
The motion carried and Resolution No. 2006-341 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
26. RES. 2006-342 - Resolution of the City of San Bernardino adopting the
Four -Year Capital Improvement Program (2006-2010) for Measure "I"
Local Expenditures including Attachments "A" through "D"; Attachments
"C" and "D" representing potential conflicts of interest for various council
members. (Continued from September 5, 2006)
Mayor/Chairman Morris explained that due to potential conflicts of interest
which require specified Council members to recuse themselves from voting on
Measure I Capital Improvement Projects (CIPs) located within 500 feet of real
property which they own or have an interest, there would be three separate
actions on this item to adopt Resolution No. 2006-342.
13 09/18/2006
The first action would be the full Council voting on all Measure I CIPs (as
shown on Attachments A and B to the resolution), except those which pose a
potential conflict of interest to Council Members Baxter, Johnson, and
McCammack (as shown on Attachments C and D to the resolution).
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner McCammack, that all CIP projects denoted on
Attachments A and B to the resolution, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
Mayor/Chairman Morris advised that the next vote would be on those Measure I
CIPs that pose potential conflicts of interest to Council Members Baxter and
McCammack, as identified in Attachment C to the resolution.
Council Member/Commissioner Baxter stated that he would abstain on the vote
on Attachment C because he owns or has an interest in real property within 500
feet of CIP Code #SSO4-116 and left the Council Chambers, returning after the
vote was taken.
Council Member/Commissioner McCammack stated that she would abstain on
the vote on Attachment C because she owns or has an interest in real property
within 500 feet of CIP Code #SS07-25 and left the Council Chambers, returning
after the vote was taken.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Derry, to approve the CIP projects listed on Attachment
C to the resolution.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Derry, Kelley, Johnson. Nays: None. Abstentions:
Council Members/Commissioners Baxter, McCammack. Absent: None.
Vacant: Third Ward.
Mayor/Chairman Morris advised that the final vote would be on a Measure I
CIP which poses a potential conflict of interest to Council Member/
Commissioner Johnson as identified in Attachment D to the resolution.
Council Member/Commissioner Johnson stated he would abstain on the vote on
Attachment D because his employer owns or has an interest in real property
located within 500 feet of CIP Code #SS06-73 and left the Council Chambers,
returning after the vote was taken.
14 09/18/2006
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, to approve the CIP project listed on
Attachment D to the resolution.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, McCammack. Nays: None.
Abstentions: Council Member/Commissioner Johnson. Absent: None.
Vacant: Third Ward.
27. Resolution implementing a Memorandum of Understanding between the
City of San Bernardino and employees in the Middle Management
Bargaining Unit and a resolution for salary adjustments. (Continued from
September 5, 2006)
Resolution of the City of San Bernardino implementing a Memorandum of
Understanding between the City of San Bernardino and employees in the
Middle Management bargaining unit of the City of San Bernardino
represented by San Bernardino Public Employees' Association. (27A)
Resolution of the City of San Bernardino amending Resolution No. 6413,
Sections Ten, Eleven, Twelve & Fourteen, entitled in part "A Resolution . .
. establishing a basic compensation plan ..."; by updating information
codifying prior Council actions (General, Mid -Management, and
Confidential & Management). (27B)
City Manager Wilson advised that this item needed to be tabled.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, McCammack. Nays: None.
Absent: Council Member/Commissioner Johnson. Vacant: Third Ward
28. Workshop — role of the City Manager — Management Information Center,
Sixth Floor, City Hall
Discussion ensued regarding the role of the City Manager as outlined in the City
Charter and his relationship to the Mayor, the City Council, and department
heads. City Manager Wilson re -distributed an interoffice memorandum he had
sent to the Mayor and Council in March regarding Guidelines for
Communication with City Manager and Staff.
15 09/18/2006
The Council also discussed that fact that under the current Charter the City
Manager is allowed to approve contracts of less than $25,000; however, during
the workshop Mr. Wilson agreed to provide the Council with a monthly report
of all such contracts approved by him.
No formal action was taken on this matter.
29. RES. 2006-343 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the hiring of Richards, Watson & Gershon to
represent the City regarding cable/telecommunication franchises and
adoption of a new cable/telecommunication ordinance.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2006-343 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
30. RES. 2006-344 - Resolution of the Mayor and Common Council of the City
of San Bernardino designating September 11 as a day of service, charity
and compassion.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-344 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Derry, Kelley, Johnson, McCammack; Economic Development Agency
Executive Director Pacheco and Special Counsel Sabo, City Clerk Clark. Absent:
None. Vacant: Third Ward.
R31. RES. CDC/200640 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute Amendment No. 2 to the December 6,
1999, as subsequently amended, Grant Agreement by and between the
Agency and Casa Ramona, Inc., a California non-profit corporation.
16 09/18/2006
Council Member/Commissioner Estrada stated that she would be abstaining on
this item because Casa Ramona is her employer. She left the Council
Chambers, returning after the vote was taken.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. CDC/2006-40 was adopted by the following vote: Ayes:
Council Members/Commissioners Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Abstentions: Council Member/Commissioner
Estrada. Absent: None. Vacant: Third Ward.
R32. 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 and Exclusive Right to Negotiate
Agreement ("Agreement") with Home Depot, Inc. ("Developer") - IVDA
Redevelopment Project Area.
Economic Development Agency Executive Director Pacheco advised that staff
was requesting a continuance of this item to October 16, 2006.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of October 16, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
R33. 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 2006 Property Owner Participation Agreement by and between
the Agency and Christopher Cheng-Chyh Ko, Bruce Cheng-Hsieh Ko and
Henry Cheng-Ju Ko ("Property Owners") for the development of the
property.
Maggie Pacheco, Executive Director, Economic Development Agency, advised
that the Ko's attorney had requested a continuance of this matter to allow an
opportunity to sit down and review the Owner Participation Agreement;
therefore, staff was requesting a continuance to October 2.
17 09/18/2006
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of October 2, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
R34. Public hearing - 2006 HOME Funds Development Agreement for
development of four (4) single-family in -fill homes - Arroyo Valley
Community Economic Development Corporation (Arroyo), a non-profit
corporation
Resolution of the Mayor and Common Council of the City of San
Bernardino approving an Amendment to the 2005/2010 Consolidated Plan
and the 2006/2007 Annual Plan and consenting to the disposition of certain
property located on 16'" and Harris Streets (APN: 0144-131-21) and 17's and
"J" Streets (APN: 0144-131-36, 0144-123-03 and 46), City of San
Bernardino, by the Redevelopment Agency of the City of San Bernardino
("Agency") pursuant to the terms of the 2006 HOME Funds Development
Agreement, by and between the Agency and, Arroyo Valley Community
Economic Development Corporation ("Arroyo') and Inland Empire
Concerned African American Churches ("Churches") (collectively referred
to as "Developer") - Inland Valley Development Agency (IVDA)
Redevelopment Project Area. (R34A)
Resolution of the Community Development Commission of the City of San
Bernardino approving the disposition of certain property located on 16'" and
Harris Streets (APN: 0144-131-21) and Ir and "J" Streets (APN: 0144-131-
36, 0144-123-03 and 46), City of San Bernardino, by the Redevelopment
Agency of the City of San Bernardino ("Agency") and authorizing the
Executive Director of the Agency to execute the 2006 HOME Funds
Development Agreement, by and between the Agency and, Arroyo Valley
Community Economic Development Corporation ("Arroyo") and Inland
Empire Concerned African American Churches ("Churches") (collectively
referred to as "Developer") - Inland Valley Development Agency (IVDA)
Redevelopment Project Area. (R34B)
Mayor/Chairman Morris advised that staff had requested a continuance of this
item to the next meeting.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of October 2, 2006.
18 09/18/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
R35. Public hearing - Certification of an EIR related to the project and 2006
Disposition and Development Agreement by and between the Agency and
Hillwood (State College Redevelopment Project Area)
RES. CDC/2006-41 - Resolution of the Community Development
Commission of the City of San Bernardino certifying that the
Environmental Impact Report ("EIR") prepared for the Hillwood
Warehouse/Distribution Facility (Tentative Parcel Map No. 17375 -
"Project") is recognized as adequate and complete; recognizing the
overriding considerations to certain adverse impacts and, recognizing the
significant environmental effects which cannot be avoided, but can be
reasonably mitigated, if the proposed project is implemented. (R35A)
RES. CDC/2006-42 - Resolution of the Community Development
Commission of the City of San Bernardino (1) approving the 2006
Disposition and Development Agreement ("DDA") by and between the
Redevelopment Agency of the City of San Bernardino ("Agency") and HSB
I-215, a California Limited Partnership and SE I-215, a California Limited
Partnership (collectively referred to as "Hillwood"); (2) authorizing the
Executive Director of the Agency to execute said DDA relating to the
transfer of the Agency Property located south of the Hillwood Property and
west of the I-215 Freeway - (10.53 acres in the City of San Bernardino)
("Agency Property"); (3) acceptance by the Agency of the adjacent
Exchange Tract; and (4) making certain findings thereto related to the
development of the project. (R35B)
RES. 2006-346 - Resolution of the Mayor and Common Council of the City
of San Bernardino consenting to the sale of the Agency Property as
identified in the 2006 Disposition and Development Agreement ("DDA") by
and between the Redevelopment Agency of the City of San Bernardino
("Agency") and HSB I-215, a California Limited Partnership and SE I-215,
a California Limited Partnership (collectively referred to as "Hillwood")
(Agency Property located south of the Hillwood Property and west of the I-
215 Freeway - 10.53 acres in the City of San Bernardino) ("Agency
Property") and accepting the Community Development Commission's
certain findings related to the development of the proposed project. (R35C)
Mayor/Chairman Morris opened the hearing.
19 09/18/2006
Economic Development Agency Executive Director Pacheco advised that this
transaction was essentially approved by the Community Development
Commission back in August 2005, wherein the Commission approved an
exclusive right to negotiate agreement with Hillwood to explore the possibility
of developing a 2,000,000-square-foot warehouse distribution facility off
Interstate 215, commonly known as the former Culligan property.
She stated that the matter before the Commission today was the disposition of
Agency property —approximately 10.5 acres —and the development of Hillwood
property of about 144 acres. She stated that together the development would
consist of 2,000,000 square feet of building, and Hillwood had committed to the
development of that property within the next five years.
Ms. Pacheco stated that the Agency was proposing to transfer 10.5 acres to
Hillwood in exchange for their 4.46 acres. She noted that the value of the
Agency property is $970,000 and the value of the exchange property that the
Agency would acquire from Hillwood is in excess of $1.5 million.
In addition, the Development Agreement provides for the Agency to contribute
towards some of Hillwood's extraordinary public improvement costs in the
amount of $2.2 million. The Agency would also pay the excess fair share
towards Hillwood's agreement on the University interchange, so the total
contribution by the Agency for this development would be a maximum of $3.6
million.
She stated that the $1.4 million for the University interchange is a firm number,
but with regards to the subsidy between $1.4 million to $3.6 million —that is all
predicated on the public improvements to be installed by Hillwood, assuming
that the public improvements are eligible public improvements and approved by
the City Engineer. However, the maximum exposure by the Agency would be
no more than $3.6 million, and that would be paid by the tax increment
generated by the development itself, paid 50150 of the net tax increment over
the life of the redevelopment project.
No public comments were received.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed and that said
resolutions A-C, be adopted.
Community Development Commission Resolution Nos. CDC/2006-41 and
CDC/2006-42 and Mayor and Common Council Resolution No. 2006-346 were
adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
None. Vacant: Third Ward.
20 09/18/2006
Planning
36. Appeal Hearing - Conditional Use Permit No. 05-23 (Appeal No. 06-06) -
an appeal of Planning Commission approval to construct a 75-foot
monopalm telecommunications tower and equipment shelter at 3630 North
"E" Street in the RM, Residential Medium, land use district
Mayor/Chairman Morris opened the hearing.
Terri Rahhal, City Planner, stated that this item was an appeal of a Planning
Commission action approving Conditional Use Permit No. 05-23 on May 2,
2006, a proposal for a 75-foot telecommunications tower camouflaged as a palm
tree at the Uptown Church of Christ, located at 3630 North "E" Street.
She stated that the appellant, Mr. Martin Caputo, arrived at the Planning
Commission late, after the project had been approved and the applicant had
already left the hearing chambers. Therefore, he was not able to voice his
opposition at the Planning Commission hearing so he filed an appeal. She stated
that in his appeal statement Mr. Caputo claimed that he did not receive adequate
notice of the Planning Commission hearing. He also stated that he owns two
vacant lots adjacent to the project site, which are currently for sale; and he
believes that installing the monopalm antenna at the church site may reduce the
potential value of his property.
Ms. Rahhal stated that staffs response to the notification complaint is that the
standard ten-day notice of hearing was provided, including mailed notice to the
surrounding property owners and a published notice in The Sun newspaper. As
for the impact on neighboring properties, staff would submit that this proposal
conforms to the standards in the Development Code, including camouflage of
the antenna itself, screening of the equipment, and planting a group of live trees
to add to the camouflaging effect.
Ms. Rahhal concluded by stating that cellular antennas are needed to provide the
service that we all demand, and church sites offer an ideal location to provide
coverage in residential areas by using existing nonresidential sites where the
equipment would not be obtrusive on the neighborhood. Also, the income from
hosting an antenna can make a big difference in the finances for a neighborhood
church. She stated that staff supports the antenna proposal at the Uptown
Church of Christ and recommends that the Council deny the appeal and uphold
the Planning Commission approval of CUP 05-23.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
21 09/18/2006
Martin Caputo, 2691 Dow Avenue #C, Tustin, CA, submitted photographs for
the Council members review. He stated that he owned two adjacent residential
lots and expressed concern that the proposed cell tower would make his property
less attractive and less valuable and potentially undesirable for occupants or
buyers of any residential, single-family owner -occupied dwellings that will
eventually be built on the property. He stated that the property was currently on
the market for sale.
Mr. Caputo stated that it appears that the area and the church are lacking some
amenities such as finished roads, street lighting, parking lighting, proper road
driveway access and obvious cosmetic upkeep and landscaping. He asked that
the City require that the entire church parcel be brought up to full and current
building codes. He stated that the church property was a very small, narrow
lot; therefore, the setbacks and locations must be very close to his property
lines. He added that any noise would be easily heard and would be a 24/7,
around the clock event that would impact the marketability and the value of his
property.
Mr. Caputo stated that Brian Foote, City employee, had indicated there was a
noise report requested from the Cingular cell tower staff, and had told him on
Friday that the City was in receipt of said report. He stated that it had
something to do with some decibel numbers that he was unfamiliar with; and
questioned what had happened to the report, whether staff had seen the report,
etc.
He stated that his property is currently being marketed and they are attempting
to construct two residential, single-family homes on the sites, which is the
highest and best use of the property at this time. He stated that this is a very
quiet neighborhood, and any noise will be heard, especially at night with any
bedroom or other windows open, similar to a pool pump. He noted that the
pool pump would go "off and on" for a couple of hours during the daytime;
however, this would be 24/7.
He stated that he was sure a cell phone tower would have HVAC systems and
large generators that would be installed. Also, the minimum setbacks are not
very large on either lot, since they are both narrow lots, and it's impossible to
separate the tower from any home walls or windows. He stated that he could
understand a cell phone tower going up on a five- or ten -acre site, or at a
shopping center, where you put it in the center and the surrounding homes are
far enough away. He stated he was not sure, but he also thought there might be
constant vehicle truck traffic for repairs and monitoring the site. He stated that
he felt this type of structure would be better suited to a commercial zone, not on
an infill church lot.
22 09/18/2006
He stated that it was his understanding that the City did not want the proposed
cell tower located near the front road against or near the street next to the
church building. He was concerned that if the City of San Bernardino did not
want the beautiful palm trees and the cell phone tower facing the street, then
why would it be any more cosmetically appealing located at the rear next to his
lot and his residential neighboring structures.
He requested that if the cell tower must be located at the church, that it be
located near the front of the church and fence, near the road where there are no
residential structures so close; or that it be denied.
City Planner Rahhal stated that the proposed equipment shelter itself is located
near the corner of the lot, which would be adjacent to Mr. Caputo's property;
however, it is an enclosed block shelter, and the City does require that any
equipment that is exterior to the shelter be directed away from residential
properties. In addition, there are performance standards in effect in the
Development Code that set noise limits at the property line, and they would
have to comply with these limits.
Council Member/Commissioner McCammack asked how staff would know that
the applicant would be able to comply with the noise limits until after the cell
tower goes up.
City Planner Rahhal advised that the cell tower itself would not be the source of
the noise, and furthermore, it would be located quite a distance from the
property line in the center of the parking lot. She explained that the equipment
is installed within a protective enclosure and it is sound -rated without
attenuation to reach a certain decibel level at a certain distance; therefore,
depending on the equipment that is installed and its rating, staff will be able to
determine if equipment will meet the standard without attenuation, and most
would be able to do so.
Council Member/Commissioner McCammack stated that she thought this
Council had passed some legislation recently regarding a cell tower needing to
be 500 feet from a residential piece of property and asked whether she was
remembering this correctly.
Ms. Rahhal stated that she thought the standard that was set was 75 feet, but that
would trigger the need for a conditional use permit with a public hearing, which
is what was held at the Planning Commission.
Council Member/Commissioner Estrada stated that several months ago she had
asked for information relative to these towers because she wanted to know if it
was safe to place them in our neighborhoods; and from what she had read it
appeared that they were very safe. Then about a month ago, the tower for the
taxicab company on Fifth Street caught on fire, because even though it is
23 09/18/2006
surrounded by a 6-foot block wall, it wasn't cleaned out enough. Somehow it
caught fire and some of the embers got out and burned part of the neighbor's
house. So now she doesn't feel quite as good as when she first asked for the
information —only now it's not about the tower itself, but the maintenance of the
area.
Ms. Rahhal advised that there was an investigation of that site, and it was not
the tower or the equipment that started the fire. As a matter of fact, the Fire
Department came to the conclusion that it started on the adjacent residential
property; however, there was substantial damage on the site with the antenna,
and it did bring to light the fact that these sites, if they are completely
unattended, may attract vagrants or others that might bring fire hazards to the
site. She noted that the advantage of a church site like this is that it does have
someone taking care of the property and someone is there at least on a weekly
basis.
Ms. Estrada stated that she just didn't know whether the City had taken all the
necessary precautions that it needs to take in order to have these towers in the
neighborhoods.
Larry Meissner, Minister of the Uptown Church of Christ, 3630 North "E"
Street, San Bernardino, CA, stated that insofar as the fire safety issue was
concerned, he had not talked with the installers, but they may be able to put
some kind of a mesh screen across the top that would keep debris from falling
into the area. Also, if a fire did start, it would keep embers from coming out.
He stated that as part of this project the tower company is planning to do some
upgrades to the church's parking area, and that will help to enhance the
appearance of the neighborhood and address some of the concerns of the
appellant. However, this is an opportunity for the church that will be helpful to
the congregation.
Council Member/Commissioner McCammack stated that it looked to her as
though the square footage to be taken up by the equipment and the cell site itself
was about 1200 square feet.
Ms. Rahhal stated that she thought the equipment enclosure was only about 400
square feet, and the tower itself is like a tree in a landscape island, and there are
three other trees in the center of the parking area.
Ms. McCammack questioned what that would do to the church's parking; and
Ms. Rahhal indicated that the parking area would be reconfigured —that there
was ample parking on the other side.
24 09/18/2006
Council Member/Commissioner Derry stated that another thing to think about
when the Council is considering this type of issue is that these towers serve a
public necessity. He noted that the whole area of San Bernardino has a lot of
dead spots where cell phone reception goes away very quickly —that all cities
deal with these issues —and these towers serve a public safety issue when it
comes to cell phone usage and the ability to use your communication devices.
He stated that it is a relatively small structure, it is on church property, and
from firsthand knowledge, when you start going over that hill your phone goes
dead very quickly. He stated that he could see where it serves public necessity
and public good, and he thought that over time that would be of greater benefit
than any impact on the surrounding area. He stated he did not think it would be
a blight in the community —that they are all over the community —and the City
requirements state that it has to be "master" hidden.
Council Member/Commissioner Baxter stated that coming from a broadcasting
background of more than 30 years, he has stood next to 100,000-watt
transmitters, 10,000-watt transmitters, and these things are usually in block
buildings, and the tower makes no noise whatsoever. The concept that noise
comes out of the transmitter, or basically the tower itself, is inaccurate. He
stated that he saw no problem with having the tower located at this location.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Kelley, that the hearing be closed; and that the Mayor
and Common Council deny Appeal No.06-06 and uphold the Planning
Commission's approval of Conditional Use Permit No. 05-23.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson. Nays: None.
Abstentions: Council Member/Commissioner McCammack. Absent: None.
Vacant: Third Ward.
37. Public Comments
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA distributed a handout
to the Council members of material from his book and commented on some of
the articles therein.
25 09/18/2006
Robert Rego, 5856 Merito Avenue, San Bernardino, CA stated that three
months ago he addressed the Council about the significance of the information
known as The Comprehensive Annual Financial Report to the citizens of the
City of San Bernardino and those that are doing business in this city. He stated
that he wanted to reiterate his concern since very little has happened since then
regarding this. He stated that his greatest concern is that this City is not listed
as being in compliance with Government Accounting Standards Board Statement
No. 34.
Through the City Clerk, staff advised that an audit is currently being done, and
as soon as the results are in they will be downloaded onto the City's website.
Paul Sanborn, 3559 Genevieve, San Bernardino, CA spoke about the need to
clean up the city of San Bernardino from all graffiti. He suggested to the Mayor
and Council that they draw up an ordinance and ban all spray cans being sold in
this town and try to get the other cities to go along with it. At the same time,
make it the property owner's duty to remove the graffiti —give them three days
to remove the graffiti or they get fined $250; if they go another three days, the
fine goes up to $500.
Sl. RES. 2006-345 - Resolution of the City of San Bernardino authorizing a
120-day contract extension between the City of San Bernardino and
California Aviation Services for Helicopter Patrol Services and to increase
the Purchase Order (#300128) for these services to an amount not to exceed
$230,184.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted; and that
the Director of Finance be authorized to amend the adopted General Fund
budget for FY 2006/07 as follows: increase the General Fund revenue Account
No. 001-000-4621 (Booking Fee Subvention) by $354,700, increase Police
expenditure Account No. 001-213-5502 (Professional/Contractual Services) by
$129,184, increase the Police Booking Charges, Account No. 001-228-5178 by
$14,700; and set aside the remaining $210,800 in the General Fund Budget
Reserve account.
The motion carried and Resolution No. 2006-345 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
26 09/18/2006
38. Adjournment
At 7:06 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for 1:30 p.m., Monday, October 2, 2006, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 39
No. of Hours: 5
RACHEL G. CLARK
City Clerk Q By:id,
Linda E. Hartzel
Deputy City Clerk
27 09/18/2006