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HomeMy WebLinkAbout39-Council Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Gordon McGinnis Neil Derry Chas Kelley Rikke Van Johnson Wemry McCammack ~ MINUTES MA YOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 15,2006 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:39 p.m., Monday, May 15, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: None. 1. Closed Session Pursuant to Government Code Section(s}: A. Conference with legal counsel - eXlstmg 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. *~C\ B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9: ALGROUP Inc. v. City C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957: Contract Extension Fire Chief Contract Extension Code Compliance Director E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Ne):(otiator: Linn Livingston, Human Resources Director Employee Or):(anization: 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 Negotiatin):( 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 Ne):(otiation: Purchase price, terms and conditions 2 05/15/2006 Central City South Redevelopment Project Area 2. Property: APN: 0136-162-23 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer and Albert Valderama, as seller Under Negotiation: Purchase price, terms and conditions 3. Property: APN: 0136-161-18 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer and Celia Cornejo, as seller Under Negotiation: Purchase price, terms and conditions Central City North Redevelopment Project Area (Downtown Acquisition Program) 4. Property: Vacant Land APN: 0134-101-04, 05, and 06 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer and Charles H. Garner and Sarah M. Garner, as Trustees, Garner Family Trust, as seller. Under Negotiation: Purcbase price, terms and conditions Central City North Redevelopment Project Area 5. Property: 440 West Court Street APN: 0134-241-53 Negotiating Parties: Patrick J. Morris, Agency Chair, and Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer and James L. Adams, as owner/seller Under Negotiation: Purchase price, terms and conditions 3 05/15/2006 6. Property: 480 West Court Street APN: 0132-241-40 Negotiating Parties: Patrick J. Morris, Agency Chair, and Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer and Chase Financial Service, LLC, as owner/seller Under Negotiation: Purchase price, terms and conditions City Attorney Penman announced that the following additional cases would be discussed in closed session under Agenda Item lA, Existing Litigation: Snyder v. City of San Bernardino - Workers' Compensation Appeals Board Case Nos. SBR 2787204, SBR 0286205, SBR 0288541 and SBR 0312532; City of San Bernardino v. Burrtec Waste Industries, et al. - San Bernardino Superior Court Case No. SCVSS 137632; City of San Bernardino v. San Bernardino Stampede, Inc. - San Bernardino Superior Court Case No. SCVSS 137723; and Agenda Item Nos. 41 and 42. Closed Session Announcement City Clerk Clark announced that in closed session the City Council approved, on a 6-1 vote, the Third Amendment to Employment Agreement between Larry Pitzer and the City of San Bernardino. The term of the agreement is for one year, commencing on May 15,2006, and terminating on May 15,2007. In addition, the City Council unanimously approved a Fourth Amendment to Employment Agreement between Glenn D. Baude and the City of San Bernardino for a period of two years. Mr. Baude shall be compensated for his services as Code Compliance Director at the base pay rate as provided in Resolution 6413, Section 14, Range 4607, Step 21. Additionally, with the authorization of the City Manager, Mr. Baude may be given an increase in pay, outside his anniversary date, for a temporary assignment of additional responsibilities related to Operation Phoenix. 4 05/1512006 Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Council Member/Commissioner Johnson, followed by the pledge of allegiance, led by Mayor/Chairman Morris. 2. Appointments - Omnitrans Board of Directors Mayor Morris - City's representative Council Member Estrada - City's alternate representative Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council approve the appointments of Mayor Morris as the City's representative to the Omnitrans Board of Directors and Council Member Estrada as the alternate representative, pursuant to Section 3 of the Omnitrans Joint Powers Agreement. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 3. Proclamations & Presentations There were no proclamations or presentations. 4. Announcements There were no announcements made by the Mayor, members of the Council, or elected officials. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission be waived. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Kelley, Members/ Johnson, 5 05/15/2006 6. Council Minutes Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission/Joint Powers Financing Authority be approved as submitted in typewritten form: March 20, 2006; April 3, 2006; and Aprill7, 2006. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 7. Claims & Payroll Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated May I, 2006, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 8. Personnel Actions Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the personnel actions, as submitted by the Chief Examiner, dated May 12, 2006 in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 9. ORD. MC-l224 - An Ordinance of the City of San Bernardino amending Section 9.68.01O(A)(l) of the San Bernardino Municipal Code relating to curfew during the City sponsored Market Night by adding Subsection (A)(l)(c). FINAL READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said ordinance be adopted. 6 05/15/2006 Ordinance No. MC-1224 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. Set Dates for FY 2006/07 Budget Hearings Council Member/Commissioner Kelley asked that the budget hearings begin at 4 p.m. to allow everyone to be able to attend. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that the following dates be set for deliberations of the FY 2006/07 City/EDA budgets to be held in the EDA Board Room: Thursday, June 8,2006 Tuesday, June 20,2006 Wednesday, June 21,2006 4:00-6:00 p.m. 4:00-6:00 p.m. 4:00-6:00 p.m. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 11. RES. 2006-129 - Resolution of the City of San Bernardino authorizing execution of a Services Agreement with Los Padrinos, Youth Services Inc., a non-profit organization. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2006-129 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. RES. 2006-130 - Resolution of the City of San Bernardino objecting to the May 2006 Tax Sale of Properties with City Assessments. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2006-130 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7 05/1512006 13. RES. 2006-131 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to J.D.C., Inc. for construction of sidewalk at Medical Center Drive from 19th Street to Highland Avenue, Phase VIII - 2005/06 (SS-B), per Plan No. 11684. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Director of Finance be authorized to amend the FY 2005/06 budget by transferring $33,500 from Account No. 129-367-5504-7381 "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. The motion carried and Resolution No. 2006-131 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. RES. 2006-132 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to F S Construction for beautification enhancement for bus stop on the west side of "E" Street adjacent to the parking structure between Court Street and 4th Street (SS04- 36) per Project Plan No. 11579. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Director of Finance be authorized to amend the FY 2005/06 budget to reduce the funding allocation of Community Development Block Grant funding for project SS04-36 "E" Street Bus Stop Relocation to Court Street from $100,000 to $50,000 in Account No. 126-000-4670; and That the Director of Finance be authorized to amend the FY 2005/06 budget by transferring $35,000 from Account No. 126-369-5504-7581 "SS06-01 4'" 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 that said resolution be adopted. The motion carried and Resolution No. 2006-132 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8 051l5/2006 15. Authorize payment of legal fees Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the Mayor and Common Council allocate the sum of $4,040.28 from the City Attorney Outside Counsel budget (Line Item 001-051-5503) for payment to Erica Tabachnick in the amount of $1,040.28, and authorize payment of additional bills to Erica Tabachnick, not to exceed $3,000, without further approval of the Mayor and Common Council. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: Council Member/Commissioner Johnson. Absent: None. 16. RES. 2006-133 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute Amendment No. 1 to the Agreement for Professional Traffic Modeling Services with Srinivasa S. Bhat. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2005/06 budget by increasing revenue Account No. 001-000-4710 by $15,000 and expenditure Account No. 001-185-5502 by $15,000 to cover anticipated expenses and revenue reimbursements for Srinivasa S. Bhat for FY 2005/06. The motion carried and Resolution No. 2006-133 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2006-134 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Silvia Construction, Inc., for pavement rehabilitation at Pennsylvania Avenue from Baseline Street to 16th Street, and 2nd Street from 1-215 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 05/06 Budget. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Director of Finance be authorized to amend the FY 2005/06 budget by transferring $50,000 from Account No. 240-379-5505-0000 to Account No. 240-379-5504-7617 "Pennsylvania Avenue", and by transferring $100,000 from Account No. 240- 379-5505-0000 to Account No. 240-379-5504-7618 "2nd Street; and that said resolution be adopted. 9 05/15/2006 The motion carried and Resolution No. 2006-134 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2006-135 - Resolution authorizing the City of San Bernardino to submit projects and commit funding for FY 2006/2007-2011/2012 Regional Transportation Improvement Program (RTIP). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2006-135 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2006-136 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of an annual purchase order to SK Telecon, Inc. for the cable pull services to the City's telephone system for the Facilities Management Department in the amount of $35,430.00. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2006-136 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2006-137 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of a purchase order to Nexus I.S. for the equipment maintenance of the City's telephone system for the Facilities Management Department in the amount of $45,720.14. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2006-137 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2006-144 - Resolution of the Mayor and Common Council of San Bernardino authorizing the Mayor to execute the first amendment to Contract 04-257 with the County of San Bernardino and the Boys and Girls Club of San Bernardino to provide facility improvements at the Boys & Girls Club using County CDBG funds. 10 05/15/2006 Council Member/Commissioner Johnson stated that he would abstain on this item because he is a member of the Boys and Girls Club Board of Directors. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2005/06 adopted budget and increase Account No. 001-321-5706 by $69,300 and the offsetting revenue account by $69,300 to reflect the County CDBG reimbursement to be received. The motion carried and Resolution No. 2006-144 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Abstentions: Council Member/Commissioner Johnson. Absent: None. 22. Receive and file - final report on Federal Disaster Declaration 1498 called the "California Wildfires" which includes the December 25, 2003 floods and mud/debris flow Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council receive and file the final report on Federal Disaster Declaration 1498 called the "California Wildfires" which includes the December 25, 2003 floods and mud/debris flow. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 23. RES. 2006-138 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance or designee to issue a purchase order to Nexus IS in the amount of $51,375.32 for a telephone conference bridge. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2006-138 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. Resolution of the City of San Bernardino awarding a Services Agreement and an annual purchase order with two single year renewal options to Pacificare Behavioral Health, in an amount not to exceed $35,000. 11 05/15/2006 Note: The resolution was not distributed with the backup materials. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the Council/Commission meeting of June 5, 2006. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 25. Resolution of the City of San Bernardino awarding a Service Agreement, with two single year renewal options to the Counseling Team International, in an amount not to exceed $12,000. Note: The resolution was not distributed with the backup materials. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the Council/Commission meeting of June 5, 2006. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 26. RES. 2006-139 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain police applicant files, papers and pre-employment polygraph examinations pursuant to Section 34090 of the Government Code of the State of California. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2006-139 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. RES. 2006-140 - Resolution of the Mayor and Common Council of the City of San Bernardiuo authorizing submittal of the funding request form to the Department of Conservation, Division of Recycling for California Beverage Container Recycling and Litter Reduction activities. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. 12 05/15/2006 Resolution No. 2006-140 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28. RES. 2006-141 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submittal of 2006/2007 Used Oil Recycling Block Grant application for grant funds from the California Integrated Waste Management Board. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2006-141 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29. RES. 2006-142 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to a purchase order to Guzman Construction Company for repair of sidewalks, curbs, gutters, and cross gutters at various locations throughout the City of San Bernardino. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted; and that the Director of Finance be authorized to transfer $49,200 from the Street Division budget Account No. 001-402-5502 to the Street Division budget, Account No. 001-406-5505. The motion carried and Resolution No. 2006-142 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 30. Authorization to amend the FY 2005/06 I-Bank Capital Improvement Budget Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council authorize the Director of Finance to transfer $45,500 from I-Bank Capital Improvement Program budget Account No. 240-379-5504-7612 to I-Bank Capital Improvement Program budget Account No. 240-379-5504-7615; and that the Mayor and Common Council authorize the Director of Finance to amend the FY 2005/06 Capital Improvement Program budget by appropriating an additional $267,000 from the I-Bank contingency fund balance to Account No. 240-379-5504-7606 in the amount of $180,000 and to Account No. 240- 379-5504-7644 in the amount of $87,000. 13 05/15/2006 The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 31. Authorize a transfer of funds from the V2 Cent Sales Tax budget Account No. 129-367-5504-7589 to 1/2 Cent Sales Tax budget Account No. 129-367- 5504-7588 in the amount of $54,000 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council authorize the Director of Finance to transfer $54,000 from V2 Cent Sales Tax budget Account No. 129-367-5504-7589 to V2 Cent Sales Tax budget Account No. 129-367-5504-7588. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 32. RES. 2006-143 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to McCray Enterprises to refurbish two (2) automated refuse trucks including a new Labrie Automizer refuse body to be utilized by the Public Services Department Refuse Division. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2005/06 Refuse budget to appropriate $372,600 from the unappropriated Refuse Fund balance into Account No. 527-412-5173, Outside Vehicle Maintenance. The motion carried and Resolution No. 2006-143 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 33. An Ordinance repealing Chapter 2.77 of the San Bernardino Municipal Code and re-adopting as Chapter 2.27; and an Ordinance amending, adding, and renumbering certain sections in Chapter 2 of the San Bernardino Municipal Code Ordinance of the City of San Bernardino repealing Chapter 2.77, Titled "Santa Ana River Trail Commission," and readopting as Chapter 2.27 of the San Bernardino Municipal Code. FIRST READING (33A) 14 05/15/2006 Ordinance of the City of San Bernardino amending Section 2.02.30, adding Section 2.10.040, and renumbering Section 2.14.040, titled "City Engineer - Duties," of the San Bernardino Municipal Code. FIRST READING (33B) Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Baxter, that said ordinances A and B, be laid over for final adoption. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 34. Request for fee waiver - Our Lady of the Assumption School Annual Family Fun Fair Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council approve the request for a fee waiver for a Temporary Use Permit for Our Lady of Assumption School Annual Family Fun Fair. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 35. Appeal hearing - denial of fireworks stand application submitted by Praise Tabernacle, aka Empowerment Temple Christian Fellowship Mayor/Chairman Morris opened the hearing. Cindy Buechter, Business Registration Supervisor, explained that when Praise Tabernacle's fireworks application was reviewed, it did not include proof of nonprofit status. She noted that Chapter 8.60.050 of the San Bernardino Municipal Code lists the prerequisites to issuance of any license, and that paragraph A states, "No license shall be issued to any applicant except a nonprofit organization, group, association, etc., organized and operating within the city limits of San Bernardino in conformity with Section 8.60.030 (D), (E), and (F)." Ms. Buechter stated that Praise Tabernacle failed to provide a 501 (c )(3) from the Internal Revenue Service, and the Articles of Incorporation initially presented to staff were found to be suspended by the State of California. Therefore, staff denied the application submitted by Praise Tabernacle. However, staff then granted them an opportunity to present additional documentation in order to prove their nonprofit status, and they still failed to do so. 15 05/15/2006 Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Victor Wayne Lewis, 4623 N. San Benito Street, San Bernardino, CA, pastor of Empowerment Temple Christian Fellowship, provided an overview of the many activities and services that his church provides for the community. He stated that there have been some changes in their ministry, and perhaps they did not meet the full criteria, but it was his understanding that they were required to prove that they were a legitimate, nonprofit organization and that they had established residency in this community for at least one year. He stated that they had that proof, but they did not have the official determination letter from the IRS at that time. Mr. Lewis stated that they had tried to impress on the City Clerk's office that, true, they did not have everything that the City required them to have, but they are a part of the community and they have been here for longer than a year and they are nonprofit-they are not doing it for profit. He stated that he brought with him a letter from the IRS that certifies their nonprofit status, and he asked the Council to look at it as proof that they are a nonprofit organization. He stated that they have a new EIN number for their new church name, Empowerment Temple Christian Fellowship. Mayor/Chairman Morris advised that the issue was, and remained, the church's nonprofit status-that they did not have documentation of being a nonprofit, and that was the reason staff had denied their fireworks application. It was noted that the letter Mr. Lewis had presented, with the new EIN number was also required by City policies in order for an organization to be allowed to market fireworks in the city; however, in addition to this EIN number organizations had to have documentation of their 501(c)(3) or nonprofit status. Ms. Buechter pointed out that Exhibit G in the backup materials was a letter from the IRS to Praise Tabernacle Church which included the following paragraph: "In order to be formally recognized by the Internal Revenue Service as being tax exempt, a church must apply for exemption and pay the required fee. We have no record of your organization being recognized as exempt from federal income tax under section 501(c)(3) of the Code." Mayor/Chairman Morris asked Mr. Lewis directly if he had that status. 16 os/] 5/2006 Mr. Lewis stated that in talking with the IRS, as a church they are automatically acknowledged as a nonprofit organization. He talked with them and told them of the situation concerning the fireworks booth and their desire to do this as a fundraiser for their church, and the IRS said they didn't need it-that they were already acknowledged as a nonprofit organization. He stated that he thought the City was very concerned about people misusing the privilege of being able to do fundraisers, and this was understandable, but they didn't fit into that category-they are legitimately a nonprofit organization, and they are not doing this for profit. Mayor/Chairman Morris stated that Mr. Lewis had to have documentation to prove nonprofit status before the City could work with him on this matter. Council Member/Commissioner McCammack indicated that it was her understanding that Mr. Lewis also needed legal documentation from the Secretary of State once the IRS deems them a nonprofit organization-so there were actually two governmental entities that he would need to get nonprofit status from. Mr. Lewis stated that he would like to ask that the Mayor and Council give him some additional time beyond today to procure those documents, because he believed what they are trying to do is going to benefit the community. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Robert Rego, 5856 Merito Avenue, San Bernardino, CA, stated that for clarification he wanted to point out that a nonprofit status determination is separate from a tax exempt determination-that a nonprofit status is determined by your Articles of Incorporation in the State of California. He advised that you mayor may not have a 501(c) status with the IRS and yet still be a nonprofit. He stated that he did not know what the requirements were for this matter, but he wanted to clarify that you can be a 501(c)(l through 9) as a nonprofit, tax exempt entity. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the hearing be closed; and that the Mayor and Common Council uphold the decision of the City Clerk to deny the fireworks application submitted by Praise Tabernacle, aka Empowerment Temple Christian Fellowship. 17 05/1512006 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Kelley, Johnson, McCammack. Nays: Council Member/Commissioner Derry. Absent: None. 36. Public hearing - resolution ordering work - formation of a Landscape Maintenance Assessment District in the Shandin Hills Drive and Shady Creek Drive area - Tract No. 14254 - Assessment District No. 1042 RES. 2006-126 - Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the area of Shandin Hills Drive and Shady Creek Drive, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1042, ordering the work, confirming the 2006-2007 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. Mayor/Chairman Morris opened the hearing. City Clerk Clark announced that a total of 51 ballots had been received, with a total of 45 voting in favor and 6 voting "no." No additional comments were received Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McGinnis, that the hearing relative to the formation of the Shandin Hills Drive and Shady Creek Drive Area Landscape Maintenance Assessment District No. 1042 be closed; and that said resolution be adopted. The motion carried and Resolution No. 2006-126 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 37. Public meeting - San Bernardino International Airport/Alliance-California Area Landscape and Lighting Maintenance Assessment District (AD 1022) Mayor/Chairman Morris opened the meeting. No public comments were received. 18 os/] S/2006 Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the public meeting relative to the formation of the San Bernardino International Airport! Alliance-California Area Landscape and Lighting Maintenance Assessment District (AD 1022), be closed, and protests and ballots, if any, be carried over to the public hearing on June 5, 2006, at 4:00 p.m. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 38. Request for continuance - Tentative Tract No. 14112 located northeasterly of the intersection of Foothill Drive and Sterling Avenue (Continued from November 21,2005) Mayor/Chairman Morris noted that this was the 22nd or 23'd motion for continuance on this item-that it has been with the City since at least 1991. Fred Brooks, 12771 Woodland Lane, Garden Grove, CA, stated he was very surprised by the recommendation to deny this continuance. He stated that they have worked with staff for approximately eight months on this project, and he hoped they would be able to share some things with the Council tonight that would allow the Council to re-evaluate where they stand with this project. Mr. Brooks stated that they purchased the Sterling Heights project eight months ago with all cash-the tentative map and 49 accompanying conditions that went with that map-and those are the conditions they had to satisfy to move it from tentative status to final status. He stated that as soon as they closed escrow they immediately assembled a team of what they considered to be topnotch consultants-local firms who had knowledge of the property and possessed a working relationship with the City of San Bernardino-all things they have found over the years to be very critical to the success of a project. He stated that they have spared no effort and no expense in satisfying these 49 conditions on the tentative tract map, and they realize they go back to the year 1990. They have worked with their consultant in every way that they can to assure that compliance is of current date, especially in seismological issues, drainage, and the rest of it. He reiterated that they believe in this project and have worked with staff for eight months, which is why he is really surprised at the recommendation to deny their request. They have worked in good faith to provide the deliverables in the t9 05/15/2006 design integrity that is expected of them. He stated that they have invested about $3.5 million to date in just acquiring the property, and have expended several hundred thousands of dollars in engineering and consulting fees. They think that they have put the quality, the integrity, the depth of study in it as fast and as effectively as any group could have; and that they have achieved more in eight months than any group individually or collectively over the years since this map was generated. Jamey Dye, Associate Engineers, Inc., 3311 East Shelby Street, Ontario, CA, spoke on behalf of his client, Mr. Brooks, of Sterling Heights LLC. He acknowledged that the project has a lot of history, which is part of the reason they came to Associate Engineers. However, they have only owned the property since October, and they have done everything in their power to move this project forward. He stated that it is a difficult project with a lot of issues, including environmental issues, and they have embraced all of those issues head on. They have paid for those studies, they have paid for the engineering, and they are very very close to final plans on this project. He stated that he submitted to all the pertinent departments-planning, engineering, fire, and water-plans that are in the 80-90 percent stage, and that he had met with the various departments to talk about those plans. They have prepared fire studies at the request of the fire marshal, environmental studies by Tom Dodson and Associates to identify the habitats as required by the conditions-all of that work is complete, has been put together in documents, and they are ready to move forward to final engineering. Mr. Dye advised that the only thing that he was waiting to do was to submit the final engineering plans to the City, but he wanted to make sure he had given department heads an opportunity to comment on the plans that he did submit. He didn't want to submit final engineering plans without the department heads having looked at them, since the project has taken some time. He noted that when they submitted their request for a continuance in November they did provide a schedule, and it was clear on that schedule that they needed extra time and were extending this project into June in order to achieve their goals. He stated that they may have slipped the project weeks, but certainly not months, and they are right at the end of finishing this project. He asked that the Council please approve their request for a continuance. April Morris, 3311 Shelby Street, Ontario, CA, reiterated that this client had entered into good faith negotiations with staff. She stated that about eight months ago they were on a fast track, and of the 49 conditions, all have been met. In fact, several that weren't even conditions, such as the seismic issues, were brought up by their client and with great personal expense he did the studies needed for the seismic approval. She stated that she just wanted to say 20 05/15/2006 that at this point in the project, with the money spent and no indication from staff, that they knew of, that there was any problem with the project, it didn't seem fair to deny this extension at this point in the project. Valerie Ross, City Planner/Deputy Director, Development Services Department, advised that originally staff was recommending approval of the request for a continuance. However, after looking at it a little bit more, she had changed the recommendation to recommend denial. She pointed out that staff still had not received anything as of May 10. Subsequently, some plans were dropped off; however, they were incomplete and did not include the items that were listed in the staff report as being missing. Council Member/Commissioner Derry stated that this project was a very difficult project and has come before the Council many times, but this developer has only been on board eight months and they have made tremendous progress in moving the project forward, even if there is some information that is incomplete. He stated that he thought this developer deserved the opportunity to continue the project, particularly since it was in his original schedule to obtain the extra extension. He stated that this project was a good project for the city long term, as it's going to provide something we have wanted in the city for a long time, which is more executive housing. However, being up in the foothills, it is a difficult project with the terrain. He noted that the neighboring project is Watson and Associates, and they have come back before the Council many, many times because of geological issues, seismic issues, etc.; and this developer is making the attempt up front to address those issues. Council Member/Commissioner McCammack noted that when the Council approved the extension eight months ago, they approved it knowing full well there was a new developer on board, knowing that it was going to take some time to get this project through the process, and she believed it was the Council's intent at the time that it wasn't going to come back very quickly, but quickly enough, and in her opinion the progress that they have made up to this point has been dramatic. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council approve the request for continuance of the Final Map for Tentative Tract No. 14112. (Note: The vote was taken following additional discussion.) Council Member/Commissioner Estrada asked Ms. Ross how many different developers there had been over the course of the project. Ms. Ross indicated that she couldn't remember exactly, but there were probably a half dozen, at least. 21 05/15/2006 Ms. Estrada suggested that when there are items like this one, that staff point out in the staff report that there have been six to eight different developers over the life of the project, so that it doesn't appear that it is the same developer that has gotten the extensions over the course of so many years. Council Member/Commissioner Baxter asked Ms. Ross if terrain was the problem over the life of this project, or was there some other dominant issue that has made this all so difficult. Ms. Ross stated that she did not know. She stated that the project was originally approved by the Planning Commission in the late 80's, there has been an EIR, then there was a subsequent EIR and a mitigated negative declaration, and she thought that all issues with development had been addressed. Jamey Dye stated that one of the reasons why the project had stalled out a little bit had to do with some litigation with Mr. Hodgdon at the extension of Sterling Heights, which stalled the project for about five years. In addition, there are some very difficult engineering problems with it-geology, hydrology, and fire codes. As a result, the number of houses that they can construct aren't as big as they could be, and then the cost to build all the infrastructure makes it difficult to finance with the houses. Council Member/Commissioner Derry stated that the house he was moving into this week, the tract maps were approved originally in 1990, and they just built the homes. The market in San Bernardino just has not been there for this type of project, but it is here now, so it's just a matter of working through the finances. City Attorney Penman stated that it isn't unusual to have these types of projects come along. He noted that it doesn't really hurt the City to give the continuance, and a lot of times it is market conditions that drive these. He stated that what it boils down to is, if the Council doesn't approve the extension, the developer has to start all over again, and that is extremely expensive. Council Member/Commissioner Baxter inquired about the new environmental issues that may have come into play since 1989 or 1990, and whether the developer had to adhere to these standards, or does the development basically pre-date these new regulations. City Attorney Penman stated that as he understood it from talking to James Funk, Director of Development Services, the project doesn't exactly conform to the tentative tract map anyway, and so they are probably going to have to make some other changes. 22 05/15/2006 Henry Empeiio, Sr. Deputy City Attorney, advised that the environmental impact report, as well as the subsequent environmental impact report, did have numerous follow-up studies that needed to be done on this site prior to permit approval. He stated that he concurred with Valerie Ross that in this case, if they conformed and followed up with those additional requirements, he thought they would still be in compliance with the conditions and mitigation measures that are included in those documents. Mr. Dye advised that they retained the same environmental consultant who was on the original tract, which is Tom Dodson and Associates. The conditions for compliance with all the current codes were written into the condition documents when the tentative map was approved, and they intend to comply with all of those conditions. He added that the other code that has changed significantly since this document was approved is the Fire Code. They have met with the fire marshal and they have developed a fire model for the area and they have put into place the conditions to meet the current fire requirements. The motion made by Council Member/Commissioner Derry, seconded by Council Member/Commissioner McCammack, to approve the continuance, carried by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. (Note: It was later stated that the continuance would be for six months, to November 20,2006.) 39. Cancellation of contract with GWINCO Construction and Engineering, Inc. for Old Waterman Canyon Road Bridge Repair (SS05-11) per Plan No. 11304, payment to GWINCO Construction and Engineering, Inc, for direct and indirect costs incurred for Old Waterman Canyon Road Bridge Repair (SS05-11) per Plan No. 11304 and a resolution approving Agreement for Professional Services with LAN Engineering Corporation to provide Engineering Services for the design of Old Waterman Canyon Bridge Replacement and authorization for the Director of Finance to amend the FY 2005/06 budget. (Continued from May 1,2006) RES. 2006-145 - Resolution of the City of San Bernardino approving a Professional Services Agreement with LAN Engineering Corporation to provide engineering services for the design of old Waterman Canyon Bridge replacement. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the Mayor and Common Council cancel the contract with GWINCO Construction and Engineering, Inc. for Old Waterman Canyon Road Bridge Repair (SS05-11) per Plan No. 11304, under provisions of Section 6-5 of the Standard Specifications; and 23 05115/2006 That the Mayor and Common Council authorize payment of $19,368 out of Gas Tax Funds (Account No. 126-369-5504-7452) to GWINCO Construction and Engineering, Inc., for direct and indirect costs incurred for Old Waterman Canyon Road Bridge Repair (SS05-11) per Plan No. 11304, and authorize the transfer of $19,400 from Account No. 126-369-5504-7522 to Account No. 126- 369-5504-7452; and That the Mayor and Common Council authorize the Director of Finance to amend the FY 2005/06 budget to appropriate $505,000 in the Street Construction Fund (Account No. 242-362-5504-7671) for the "Old Waterman Canyon Bridge Replacement" and to budget revenue reimbursement for the project from FEMA ($378,800); OES ($94,700); and the City's share of $31,500 to be transferred from V2 Cent Sales and Road Tax from Account No. 129-367-5504-7156 (Street and Safety Improvements) to Account No. 129-367- 5504-7671 (Old Waterman Canyon Bridge Replacement); and That said resolution be adopted approving Agreement for Professional Services with LAN Engineering Corporation to provide engineering services for the design of Old Waterman Canyon Bridge Replacement. The motion carried and Resolution No. 2006-145 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 40. RES. 2006-146 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to sign a Lease Agreement with the County of San Bernardino Real Estate Services for offsite office space on behalf of the San Bernardino Police Department. (Continued from May I, 2006) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2006-146 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 41. An Ordinance of the City of San Bernardino amending Section 2.56.170 of the San Bernardino Municipal Code relating to the calling of a special election. FIRST READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that said ordinance be laid over for final adoption. 24 0511 5/2006 The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, After the vote was taken, it was noted that Mr. Turner had submitted a speaker slip on this item, and City Attorney Penman advised that if Mr. Turner wanted to speak on this issue, he would request that the Council rescind their vote on Item No. 41 until after Mr. Turner had an opportunity to speak. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that the Council rescind their previous vote in order to allow for speaker comments. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: Council Member/Commissioner McGinnis. Absent: None. Mr. Turner inquired whether adoption of this ordinance would affect the election date for the immigration initiative, and Mayor/Chairman Morris stated it would not. That being the case, Mr. Turner indicated he had no additional comments. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance be laid over for final adoption. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 42. Certificate of Sufficiency for Initiative Petition submitted by Joseph Turner Mayor/Chairman Morris explained that according to the City Charter, once an initiative petition has the required number of signatures and has qualified, then it is up to the City Council to do only one of two things: 1) approve the proposed ordinance without alteration, or 2) call for a special election. City Clerk Clark provided background information and an overview of the staff report. Although the agenda item was not about the merits of the initiative, the following individuals spoke in support of Mr. Turner's initiative: Ruben Lopez, 2648 N. Valencia Avenue, San Bernardino, CA; Nola Lloyd, 20300 Avenida Hacienda, Riverside, CA; 25 05/15/2006 Alan Murray, 1198 E. 38th Street, San Bernardino, CA; Robert Schwarz, 7860 Dufferin, Riverside, CA; Angelina Ibbotson, 9351 Leilani Drive, Huntington Beach, CA; David B. D. Nelson, 455 North 7th Street, Colton, CA; Cherie Wood, P.O. Box 1901, Chino Hills, CA; Bob Dennis, 7461 Skyview Road, Riverside, CA; Diane Dennis, 7461 Skyview Road, Riverside, CA; Debbie Gill, 6996 Elm Avenue, San Bernardino, CA; Marie E. Persico, 119 North Avenue 51, Los Angeles, CA; Joseph Turner, P.O. Box 91000, San Bernardino, CA. The following individuals did not speak, but submitted speaker slips indicating support of the initiative: George Apker, 910 S. Willow Avenue, Rialto, CA; Candice Casillas, 2075 W. Rialto Avenue, San Bernardino, CA; Marci Dyke, 2075 W. Rialto Avenue, San Bernardino, CA; June Hensley, 26014 Cypress, San Bernardino, CA; Junior Lloyd, 20300 Avenida Hacienda, Riverside, CA; Tori Stordahl, 5738 Golondrina Drive, San Bernardino, CA. The following individuals spoke or submitted a speaker slip in opposition to Mr. Turner's initiative: Roberto Arreola, San Bernardino day laborer; Veronica Federovsky, National Day Laborer Organization Network, 675 Parkview Avenue, Los Angeles, CA, and submitted letter; Father Ray Rosales, 746 Long Beach Drive, Colton, CA; Robert Ballantyne, 4341 Christy Avenue, San Bernardino, CA, and submitted letter; John Vega, Esq., 255 North "D" Street, San Bernardino, CA; Art Guerrero, 1123 Central Avenue, San Bernardino, CA; Rosa Elena Sahaqun, 4505 Allstate Drive, Riverside, CA; Hector Villagra, ACLU, 2140 W. Chapman Avenue, Orange, CA; Mark Jimenez, Hermandad Mexicana Latinoamericana, Riverside, CA, and submitted letter; Carlos L. Juarez, Esq., 255 North "D" Street, San Bernardino, CA; Father Robert Miller, 1201 E. Highland Avenue, San Bernardino, CA; Steve Figueroa, MAPA, Riverside, CA; Deanna Adams, 1156 North "F" Street, San Bernardino, CA; Sandy Bonilla, 1448 West 8th Street, San Bernardino, CA; Herbert Samayoa, 26122 Mission Road, Lorna Linda, CA; Sister Carmel Crimmins, 1510 West 16th Street, San Bernardino, CA; Reverend David Kalke, 1354 North "G" Street, san Bernardino, CA, and submitted letter; 26 05/15/2006 Luis Carrillo, 625 S. Far Oaks, South Pasadena, CA; Eduardo Valverde, 4075 Newmark Avenue, San Bernardino, CA; Art Guevara, 31465 Los Rios Street, San Juan Capistrano, CA; Father Guillen, 2002 S. Magnolia Avenue, Ontario, CA; Maria Gonzalez, National Alliance for Human Rights; Daniel Morales, 18961 Nandina Avenue, Riverside, CA; Jose Calderon, President of the Pomona Valley Latino and Latina Roundtable; Salvador Franco, Coachella, CA; Guillermo Suarez, 508 N. Arrowhead Street, #8, San Bernardino, CA; Joan Harter, Banning, CA; Alejandro Ahumada, 12175 13th Street, Yucaipa, CA; Gil Navarro, 1440 West 6th Street, San Bernardino, CA; Rafael Renteria, 1484 Silver Lake, Los Angeles, CA; Matt Striecker, Esq., 634 S. Spring Street, Los Angeles, CA; Armando Navarro, NAHR Coordinator and UCR-Riverside Professor, Riverside, CA, and submitted letter; Alejandro Quinonez, 2300 N. Mountain Avenue, San Bernardino, CA; John Mendoza, 1602 North Park A venue, Pomona, CA; Rosa Robles, 2404 San Anselmo Avenue, San Bernardino, CA; Luis Valencia, 1700 E. Date Street, San Bernardino, CA; Leroy Martinez, 7432 Apple Blossom Court, Highland, CA; Allen Bartleman, Esq., 505 N. Arrowhead Avenue, San Bernardino, CA; Leslie Radford, Keystone Avenue, Los Angeles, CA; Hank Ramey, 1408 Belle Street, San Bernardino, CA; Luz Maria Ayala, 22385 Louise Street, Perris, CA; Esther Portillo, Center For Community Action & Environmental Justice (speaker slip only); Viola DeLeon Munoz, P.O. Box 33, San Bernardino, CA (speaker slip only); Esther Jimenez, 1542 Union Street, San Bernardino, CA (speaker slip only); Carmina E. Garcia, 212 Carne Blvd., La Puente, CA (speaker slip only); The following individuals either spoke or submitted a speaker slip, but their position was unclear: Cheryl Brown, 1590 N. Waterman Avenue, San Bernardino, CA Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA; David Owens, 550 West 5th Street, San Bernardino, CA, and submitted letter; Rick Avila, 4022 North "F" Street, San Bernardino, CA; Victor Lopez, 1364 Garner Avenue, San Bernardino, CA; Don Sheets, 1164 W. Marshall Blvd., San Bernardino, CA; Cynthia Valenzuela, 634 S. Spring Street, Los Angeles, CA. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the Certificate of Sufficiency, dated May 4, 2006, for the following Initiative Petition be received and filed: 27 05/15/2006 "Initiative Measure proposing requirements and sanctions on businesses and individuals regarding day laborer agencies, the solicitation of day laborers, aiding and abetting illegal immigration and prohibiting persons or entities from renting or leasing property to illegal aliens"; and that pursuant to Section 120 of the City Charter, the Council pass the ordinance without alteration. Council Member/Commissioner Estrada pointed out that there were three motions in front of the Council-the first, to receive and file the Certificate of Sufficiency; the second, to adopt the ordinance without alteration; and the third, to call a special election at which time said ordinance would be submitted to a vote of the people. She stated that the Council did not have a choice on the first motion-a ministerial act to receive and file the Initiative Petition-and suggested that the Council consider motion #1 as a stand-alone motion. Council Member/Commissioner Estrada made a substitute motion, seconded by Council Member/Commissioner Baxter, that the Certificate of Sufficiency, dated May 4, 2006, for the following Initiative Petition be received and filed; "Initiative Measure proposing requirements and sanctions on businesses and individuals regarding day laborer agencies, the solicitation of day laborers, aiding and abetting illegal immigration and prohibiting persons or entities from renting or leasing property to illegal aliens." The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: Council Member/Commissioner McGinnis. Absent: None. (Note: Council Member/Commissioner Kelley registered a "no" vote, but later requested the City Clerk to change his vote to a "yes. ") Council Member/Commissioner Estrada stated that although she was vehemently opposed to what the initiative suggests and what it would require, nevertheless, the Council was faced with having to do their duty as elected officials and carry out the process that was started by the 2,200 individuals who signed the petition. Therefore, with no other choice at this point, she favored approval of motion #3, which would call a special election at which time said ordinance shall be submitted to a vote of the people. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that pursuant to Section 120 of the City Charter, the Council proceed to call a special election at which time said ordinance shall be submitted to a vote of the people. Council Member/Commissioner McGinnis noted that the issue really belongs with the federal government, and he hoped everybody understood that this was not initiated by the City or the City Council-that the Council was forced to act 28 05/15/2006 upon the initiative because others had gone through the initiative process and filed a petition with the required number of signatures. Council Member/Commissioner Kelley stated that he would like the Council to consider motion #2 prior to voting on motion #3. He noted that some individuals have said that this initiative was mean-spirited, racist, and designed to discriminate against a certain segment of society; however, that was not the case. According to Mr. Kelley, this initiative was about obeying the law, and the law is that people come to this country legally. He stated that the responsible thing to do would be to enact the initiative immediately and save the taxpayers $250,000 and the long, drawn out, ugly political process that will drag the good name of this city through the mud. He asked that the Council approve the ordinance and let the courts take action, if need be, saving taxpayers from the cost of a special election and the campaigns that would divide the city. Council Member/Commissioner Kelley made a substitute motion, seconded by Council Member/Commissioner McCammack, that pursuant to Section 120 of the City Charter, the Council pass the ordinance without alteration. Council Member/Commissioner Estrada noted that several speakers had stated that if the ordinance was passed, the City could anticipate litigation immediately. However, even if the decision was made to submit the ordinance to a vote of the people, if it passed, that could very well trigger litigation also. Mayor/Chairman Morris advised that if the Council opted to go to the voters, and the voters wisely decided to vote down this initiative, there would be no need for litigation. Council Member/Commissioner Derry stated that he did not believe that the issue would be ripe for legal challenge until after the voters either pass it or fail it. He stated that he had a feeling that this was a very hot button issue, and he believed that it would pass if it goes to the voters. The City would then be stuck with the passed ordinance, along with the divisiveness, and along with an expensive bilI to hold a special election. For that reason, he was voting to pass the ordinance without alteration. The substitute motion made by Council Member/Commissioner Kelley, seconded by Council Member/Commissioner McCammack, to pass the ordinance without alteration, failed by the following vote: Ayes: Council Members/Commissioners Derry, Kelley, McCammack. Nays: Council Members/Commissioners Estrada, Baxter, McGinnis, Johnson. Absent: None. Council Member/Commissioner McCammack stated that bottom line there is no doubt that this country should stop looking the other way when it comes to 29 05/15/2006 lawbreakers-and that means any kind of lawbreakers. She stated that the Council did not have the answers or the legislative power to fix this problem- and they won't have that power until someone changes federal law. She stated that if the initiative will not hold up in court, which the Council has been told by many speakers in the legal field that it won't, then why waste hundreds of thousands of dollars of taxpayers money to put the issue to a special election- that made no sense. Therefore, let the courts decide the unconstitutionality of this initiative. Ms. McCammack stated that she hurts for those families who come illegally to the United States for a better life, but she hurts more for those people who came here legally after being imprisoned in refugee camps for years, either in Cambodia or Vietnam, and waited for years in those refugee camps for permission to come legally to this country. Council Member/Commissioner Johnson stated that he grew up in Alabama where racism was very overt; however, in California racism has taken on a more covert approach. It is now more sophisticated-they have websites and utilize initiatives to spread their message, but the common denominator is still the same-once you break it down to its lowest point, the message is still about hate. It's about a class of people's perception of superiority to another class of people. Mr. Johnson stated that there were three reasons why he would be voting to call for a special election on this particular ordinance. The first reason was the underlying theme of racism that he felt was covertly woven into the fabric of this malicious initiative. The second reason was that illegal immigration is a national issue and not a local one, and this municipality should not have to bear the burden of this legislation at a local level. And third, as a Councilman who has a fiduciary responsibility to the citizens of this municipality, this City can't afford it. He stated that as the Mayor and Council endeavor to direct services to enforce provisions of this initiative, they would have to suspend vital services in other areas. He added that the passage of this initiative could result in layoffs to City staff in order to counter this initiative's expense. Council Member/Commissioner Baxter stated that this is a federal issue, and for us to take this upon ourselves and bankrupt our city is not an option. He stated that he was offended that Mr. Turner took all of the petitions north of the 30 Freeway-that his ward is below the 30 Freeway and Mr. Turner refers to it as a ghetto. He stated that he has hard working people in his ward who will do the right thing, and if it comes to a vote, so be it. Mayor/Chairman Morris stated that the City Attorney had done as he was required by law to do, and that was to analyze the initiative as it was placed before the voters. The Mayor read into the record the conclusions of the City Attorney about this initiative, as follows: 30 05/15/2006 "There is a legal question as to whether this initiative measure conflicts with or is preempted by federal and California laws. It is the opinion of the City Attorney that this measure may be successfully challenged in whole or in part based upon such laws." Mayor/Chaiman Morris stated that as a legally trained individual, he shared Mr. Penman's concerns-that he believed the initiative was fatally flawed. He stated that there were two significant constitutional infirmities in the proposed initiative. He believed that, if passed, a number of folks in the community, as well as both state and national organizations, would immediately seek a preliminary and permanent injunction prohibiting the City from enforcing the provisions of the ordinance, and they would seek declaratory relief and ask the court to find that the ordinance was unconstitutional and, therefore, unenforceable. He stated that the infirmities that he sees are the issue of preemption-it's been discussed at the podium by all the attorneys who have spoken on the issue-for it appears to unlawfully infringe upon the federal government's authority over immigration and naturalization issues. It is called the supremacy clause. This is a federal issue-not first-but first and last. Also, provisions 4, 5, 6, and 7 of this proposed initiative violate the first article of the constitution; and provision #8, the English only provision, he believes violates facially the first amendment-the right to petition one's government in the language that one possesses. He stated that that was an equal protection issue that he believed would be argued successfully before the federal court, either here or in Los Angeles. Mayor/Chairman Morris noted that two months ago there was an election in this City, and for all the candidates it was clear that the two issues that were to drive this City's vision were the issues of economic revitalization and crime-serious, violent crime. He stated that the voters had placed their confidence in his leadership and his vision and in his fortitude to stay the course, and this initiative was not a part of his vision-quite the opposite. He stated that his top priority is to nurture our City's economic renaissance while taking measures required to reduce crime and ensure safety in our neighborhoods. This initiative is nothing more than an unfunded mandate to do the job required by-demanded of-our federal government. It will divert our City's energy and valuable resources in the millions of dollars and divert us away from our true priorities of spurring economic development and making our neighborhoods safer. Mayor Morris stated that he believed the voters in this city are wise-he thought they would understand that the expenditure of millions of dollars to attempt to enforce and defend this initiative would be a costly and tragic diversion of our 31 05/15/2006 City's scarce fiscal resources. He stated that he was confident when this goes to the voters that they will understand and defeat this initiative. The motion made by Council Member/Commissioner Estrada, seconded by Council Member/Commissioner Baxter, that pursuant to Section 120 of the City Charter, the council proceed to call a special election at which time said ordinance shall be submitted to a vote of the people, carried by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: Council Member/Commissioner McGinnis. Absent: None. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the City Attorney be directed to prepare the necessary documents to call for a special election. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 43. Display of U.S. Flag on Memorial Day, Flag Day and Fourth of July Council Member/Commissioner Kelley stated that in addition to Memorial Day, Flag Day and Fourth of July, he would also like to include 9/11 and Veterans Day as special days that the flag would be displayed. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the Facilities Department be directed to display the 22'x30' U.S. Flag on Memorial Day, Flag Day, Fourth of July, 9/11, and Veterans Day. The motion failed by the following vote: Ayes: Council Members/ Commissioners Derry, Kelley, McCammack. Nays: Council Members/ Commissioners Estrada, Baxter, McGinnis, Johnson. Absent: None. 44. An ordinance repealing Chapter 3.72 of the San Bernardino Municipal Code or a resolution adopting revised EMS User Fee Program and authorizing execution of amendment to agreement with ADPI Ordinance of the Mayor and Common Council of the City of San Bernardino repealing Chapter 3.72 of the San Bernardino Municipal Code. FINAL READING 32 05/15/2006 RES. 2006-147 - Resolution of the Mayor and Common Council of the City of San Bernardino amending the City's Master Fee Schedule, Resolution Number 2005-147 to reflect the new Emergency Medical Services (EMS) User Fees; and authorizing execution of a First Amendment to the Billing Service Agreement between the City of San Bernardino and Advanced Data Processing Inc. Fire Chief Pitzer explained that this item had two components that appeared to be contradictory to each other. The first component was an ordinance that was given a first reading at the Council/Commission meeting of May 1. If given its second reading today, said ordinance would repeal Chapter 3.72 of the San Bernardino Municipal Code, thereby disallowing the collection of Emergency Medical Services fees. However, staff was asking that the Council table the ordinance and adopt the second component of the item, a resolution that would amend the City's Master Fee Schedule to reflect new Emergency Medical Services (EMS) User Fees and authorize a First Amendment to the Billing Service Agreement between the City and Advanced Data Processing, Inc. for the collection of said fees. Chief Pitzer stated that there were five salient points relative to the new EMS User Fees: . Reduce the current fee of $250 to $200; . Exempt residents age 65 and older; . Exempt residents who qualify for low income; . Actively market the City's subscription membership program that allows individuals to purchase a membership for $24 annually to cover all the fees for emergency medical responses; and . Extend the billing cycle to 180 days and then send to the billing company for those who do not pay. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be tabled; and that said resolution be adopted. (Note: Vote was taken following discussion.) Council Member/Commissioner McCammack stated that she was absent at the last meeting and did not have a chance to comment on the revised EMS User Fee ordinance; however, she had voiced her concerns the last couple of times when this item was discussed and they were talking about revamping the EMS User Fee ordinance. She stated that if someone could tell her who the low- income, utility tax-exempt families are, then she would be able to make her comments a little more saliently. 33 05/15/2006 Chief Pitzer stated that he could tell her that it follows the HUD regulations and is the same formula that Finance uses for qualifying low income, which is a graduating scale based upon the number of people in the family. He provided an example of a family of four earning an income of $24,000. Council Member/Commissioner McCammack stated that if that is the case, it would mean that a family of four earning $24,001 would be required to pay the $200 per call fee. Basically, it appeared to her that what the City did was reduce the amount of money that has to be paid, but have basically saddled the cost upon the working poor. She stated that as a very active member of the Assistance League, they work very hard to handle families who are considered the working poor-they are not on social assistance, they have no insurance, and they fall into the crack, so to speak. According to Ms. McCammack, these are the families that will be billed. She stated that it won't be the insurance companies that have a problem paying this, or the folks who have significant earnings and medical insurance, but these other folks who will be saddled with the cost, and she couldn't support saddling the middle income families. Mayor/Chairman Morris asked whether Ms. McCammack had taken into consideration that we do have our own insurance plan for $24 per year. Ms. McCammack ascertained that the City has done a very poor job of marketing that insurance plan as was evident by all of the conversations that have been occurring up to this point. Otherwise, we would not have a reason to bill anybody, because we would have sold the insurance plan to everybody. She stated that if she had a chance of increasing her medical insurance premium or paying the $24, she would have paid the $24. Council Member/Commissioner Kelley stated that he would like to suggest a substitute motion which would include language similar to when a family or business has a false alarm fee and the City gives them at least three false alarms before they are billed. Therefore, he thought it would be fair to include language that would allow just one EMS fee per year per family to be exempt. Council Member/Commissioner McGinnis stated that he encouraged everybody to buy the insurance, and hopefully, staff would be able to put that flyer in everybody's mail; however, he did not want to amend his motion in any way. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Kelley, that said ordinance be tabled, and that said resolution be adopted, amended to include language that those families who do not fall into one of the exempt categories would be allowed one EMS User Fee per calendar year, per family, to be exempt. 34 05115/2006 The substitute motion failed by the following vote: Ayes: Council Members/ Commissioners Derry, Kelley, McCammack. Nays: Council Members/ Commissioners Estrada, Baxter, McGinnis, Johnson. Absent: None. The original motion made by Council Member/Commissioner McGinnis, seconded by Council Member/Commissioner Baxter, that said ordinance be tabled, and said resolution be adopted, carried, and Resolution No. 2006-147 was adopted by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Johnson. Nays: Council Members/ Commissioners Derry, Kelley, McCammack. Absent: None. COMMUNITY DEVELOPMENT COMMISSION R45. Public hearing - recommended allocations of 2006/2007 Community Development Block Grant (CDBG) funds; Emergency Shelter Grant (ESG) funds, HOME funds and approval of related plans and reports (Continued from May I, 2006) RES. 2006-127 - Resolution of the Mayor and Common Council of the City of San Bernardino 1) Approving the 2006/2007 Community Development Block Grant (CDBG) and Emergency Shelter Grant (ESG) appropriations and HOME categories; 2) Approving the Year 2006/2007 Consolidated Annual Action Plan and Analysis of Impediments (AI); 3) Authorizing the Mayor to execute and submit to HUD necessary documents and take all necessary actions for the execution of any contracts; and 4) Approving the Five (5) Year Impediments to the Fair Housing Plan. (R45A) RES. 2006-128 - Resolution of the Mayor and Common Council of the City of San Bernardino amending the 2005-2010 Consolidated Plan and the 2005- 2006 Annual Action Plan related to prior HOME allocations for specific affordable housing projects. (R45B) The hearing remained open. Council Member/Commissioner McCammack stated that she knew the Council had passed a bond issue with future payment to be made from HOME funds or CDBG funds regarding the downtown redevelopment area, and she saw no mention of this in the backup document. Maggie Pacheco, Executive Director, Economic Development Agency, advised that none of these programs are slated for the commitment of the repayment for the bond issue. She stated that the bond issue that the Commission authorized is a bond that is supported and paid through the low- and moderate-income 35 05/15/2006 housing fund-the tax increment funds of the Redevelopment Agency. The funds before the Council today are federal funds. Council Member/Commissioner McCammack stated that she would abstain on this item because several of the recommendations were for organizations that are business clients of hers. She left the Council Chambers, returning after the vote was taken. Council Member/Commissioner Johnson stated that he serves on the Board of Directors of the Boys and Girls Club; therefore, he would be abstaining on that one item only (Item No.4 listed under Community Development Block Grant). Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that said Resolutions A & B (except for Item No.4 under the CDBG funds) be adopted. The motion carried and Resolution Nos. 2006-127 and 2006-128 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. Council Member/Commissioner Johnson left the Council Chambers and returned following the vote on Item No.4. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that Item No. 4 (Boys and Girls Club) be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley. Nays: None. Abstentions: Council Members/Commissioners Johnson, McCammack. Absent: None. R46. RES. CDC/2006-13 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director to execute an Agreement between the Redevelopment Agency of the City of San Bernardino and AON, Inc. for the demolition of the property located at 745 W. 5th Street, San Bernardino in the Central City North Redevelopment Project Area and appropriating $41,800 of Agency funds for such demolition. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. 36 05/1 5/2006 Resolution No. CDC/2006-13 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCammack. Absent: None. 47. Public Comments Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the investigation into the death of his father and how everyone in law enforcement pushed that killing under the rug. He distributed a document containing exhibits and facts of the case as he perceived them after doing his investigation. Betty Jean Long, San Bernardino, CA, stated that her husband is dying and she is not well; that the drivers in San Bernardino are trying to run over her; and thanked the Mayor and Council for listening to her. Robert Rego, 5856 Merito Avenue, San Bernardino, CA, commented on the City's website. He stated that he has seen some wonderful changes on the site, but he has one concern. The Government Accounting Standards Board defines a Comprehensive Annual Financial Report as a report card of what a government entity does---it tells us what that entity is doing with our money; how they are utilizing it; and what our return on investment is. He advised that the City of San Bernardino is one of the few locations that does not have a PDF file of the Comprehensive Annual Financial Report on its website. Citizens can access the State of California, the City of Corona, the Colton Unified School District, the City of Ontario, etc. He stated that the cost of a hard copy is prohibitive for the average citizen, and the Government Accounting Standards Board recommends that it be available to the average citizen in the community. He recommended that the Comprehensive Annual Financial Report be placed on the website as a PDF file for access for all citizens. Judi Penman, 221 East Marshall, San Bernardino, CA, CEO of the Chamber of Commerce, made announcements regarding upcoming events and activities of the Chamber. 37 05/15/2006 48. Adjournment At 9:43 p.m., the meeting was adjourned to 5:00 p.m., Monday, May 22,2006, at the Cal State San Bernardino University Foundation Board Room for a workshop concerning goals and priorities for FY 2006/07. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, June 5, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By: i~.g ~~ Linda E. Hartzel Deputy City Clerk No. of Items: 48 No. of Hours: 8 38 os/] 5/2006