HomeMy WebLinkAbout06-Council Minutes
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CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Esther Estraoo
Dennis J. Baxler
Vacant
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCt11Tlf1Iflck
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
AUGUST 7,2006
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 1:47 p.m., Monday, August 7, 2006, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry,
Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson.
Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
San Bernardino City Professional Firefighters Union, Local 891, and
Richard Lewis v. Larry Pitzer, et a!. - United States District Court Case
No. EDCV 00473-V AP (SGL).
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:
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08/08/2006
Howard Jarvis Taxpayers Association et al. v. City of San
Bernardino
Simental v. City of San Bernardino
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
Declaratory Relief Action - City of San Bernardino v. Howard
Jarvis Taxpayers Association
City of San Bernardino v. Simental
D. Closed Session - personnel - pursuant to Government Code Section
54957:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organization(s):
San Bernardino Police Officers Association
~id-~anagement
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: 746 West 5th Street
APN: 0134-054-07, 08 and 09
Negotiating Parties: ~aggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and ~ajor Fritz on behalf of the
Salvation Army, property owner/seller
Under Negotiation: Purchase price, terms and conditions
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2. Property Address: 770 West 51h Street
APN: 0134-054-26
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Raul M. Najera and Catalina A.
Barrera Cantoran, property owners/sellers
Under Negotiation: Purchase price, terms and conditions
Central City East Redevelopment Project Area
3. Property Address: 247 West 3'. Street, San Bernardino
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
property owner/seller and the County of San
Bernardino/State of California, as buyer
Under Negotiation: Purchase price, terms and conditions
Uptown Redevelopment Project Area
4. Property Address: 11 08 West 2nd Street
APN: 0138-301-07
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Marlene Belichefsky as trustee,
Belichefsky Children Family Trust, property
owner/seller
Under Negotiation: Purchase price, terms and conditions.
City Attorney Penman announced that the following additional cases would be discussed
in closed session:
Juventino Flores v. Garcia & Emon - United States District Court Case No. EDCV
05-505 SGL (JTLx); and
Under Agenda Item No. 1B, Significant Exposure to Litigation:
Kritzberger v. City of San Bernardino.
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Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common Council
and Community Development Commission.
Moment of Silence
Mayor/Chairman Morris expressed condolences to the families and requested a moment
of silence in memory of Tom Farrington, who operated a Goodyear Tire business in the
City for many years; and Frank Plash, who was very active with the San Bernardino
Symphony Association.
Invocation/Pledge of Allegiance
The invocation was given by Reverend David Randolph of San Bernardino Community
Hospital, followed by the pledge of allegiance, led by Erik Balderas, a student at Bradley
Elementary School.
2. Reappointment - Evelyn Alexander - Board of Police Commissioners -
Mayor Morris
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the reappointment of Evelyn
Alexander to the Board of Police Commissioners, as requested by Mayor Morris,
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. Presentations
Councilman Johnson presented the Citizen of the Month award to Wil and
LaTanya Greer of Malcolm X Saturday Academy for their dedication to
disadvantaged children in the community.
At the Sister Cities International Annual Conference held last month in
Washington D.C., Mrs. Thelma Press was presented with an award for her
longstanding commitment to world peace and for her efforts in expanding the
sister cities program in the City of San Bernardino. Mrs. Press announced the
names of four local leaders who were also recognized at the conference and she
was pleased to present awards to former Mayor Bob Holcomb, Jeanette Dorado
Avila and Bob Fredericks. Mrs. Press compiled a brochure consisting of forty
years of sister cities that she presented to City Clerk Rachel Clark for the
Feldheym Library along with a pictorial commemorative book. Mrs. Press stated
that although she was not present at the Council meeting, former Mayor Judith
Valles was also selected to receive an award from Sister Cities International.
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Jim Gerstenslager, Director of the Western Region Little League, presented a set
of tournament pins to the Mayor and an official tournament pin to the members of
the Council. On behalf of Team 14, Donnie Schmidt presented the Mayor with a
Team 14 hat and pin.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
other elected officials, and a representative from the Chamber of Commerce
regarding various civic and community events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Johnson, that full reading of the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common
Council and Community Development Commission, be waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Johnson, McCarnmack. Nays: None.
Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
6. Council Minutes
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the minutes of the following
meeting(s) of the Mayor and Common Council/Community Development
Commission be approved as submitted in typewritten form: June 19, 2006; and
June 29, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Johnson, McCarnmack. Nays: None.
Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
7. Claims & Payroll
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated July 24, 2006,
from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Johnson, McCarnmack. Nays: None.
Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
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8. Personnel Actions
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the personnel actions, as submitted
by the Chief Examiner, dated August 4, 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, Johnson, McCammack. Nays: None.
Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
9. Designation of Voting Delegate for the League of California Cities Annual
Conference to be held September 6-9, 2006, in San Diego, California
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that Council Member Derry be
designated as the City of San Bernardino's voting representative for the League of
California Cities Annual Conference to be held September 6-9, 2006, in San
Diego, California.
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.
10. RES. 2006-276 - Resolution of the City of San Bernardino authorizing
execution of a Standard Contract Agreement with Los Padrinos, Youth
Services Inc., a non-profit organization.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-276 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
11. RES. 2006-277 - Resolution of the City of San Bernardino establishing and
setting a fair market value and sales price of $10,400.00 and declaring the
intention of the City to sell a portion of City owned property generally
located northeasterly of Scenic Drive, easterly of Valley View Drive, to the
State of California relative to the widening of the 1-215 Freeway and setting a
public hearing to consider said sale.
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Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the Director of Development
Services be authorized to proceed with the sale of a portion of City owned real
property located generally northeasterly of Scenic Drive, easterly of Valley View
Drive; and that said resolution be adopted.
The motion carried and Resolution No. 2006-277 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Kelley.
Vacant: Third Ward.
12. Authorization to proceed and approval of Plan No. 11813 - proposed
vacation of a portion of "I" Street, northerly of 13th Street and a portion of
13th Street westerly of "I" Street
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Johnson. that the Director of Development
Services and the City Clerk be authorized to proceed with the proposed vacation
of a portion of "I" Street, northerly of 13th Street and a portion of 13th Street
westerly of "I" Street; and that Plan No. 11813 showing the proposed vacation of
a portion of "I" Street, northerly of 13th Street and a portion of 13th Street
westerly of "I" Street, 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.
13. Determination of Public Convenience or Necessity for a Type 20 (off-sale beer
& wine) ABC License for a service station convenience store located at the
northwest corner of 5th Street and Mt. Vernon Avenue
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council determine
that the public convenience or necessity would be served by the issuance of the
license and direct the Development Services Department to send a letter to the
Department of Alcoholic Beverage Control to support a Type 20 (off-sale beer
and wine) ABC License for a service station convenience store located at the
northwest corner of 5th Street and Mt. Vernon Avenue.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Johnson, McCarnmack. Nays: None.
Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
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14. RES. 2006-278 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the destruction of certain records by the
Director of Finance.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-278 was adopted by the following vote: Ayes: Council
Members/ Commissioners Estrada, Baxter, Derry, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
15. RES. 2006-279 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of Finance or designee to issue an
annual purchase order to Y Tire Sales, Inc. in the amount of $40,000 for
tires and retreading services.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-279 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
16. RES. 2006-280 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute an Agreement with the
San Bernardino Symphony Orchestra for the promotion of arts and culture.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-280 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
17. Authorization to proceed - proposed street name change of State Street to
University Parkway, south of Highland Avenue to 5th Street and setting a
public hearing for August 21, 2006, at 4:00 p.m.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the Director of Development
Services be authorized to proceed with the street name change from State Street
(previously designated pursuant to Resolution No. 2003-193 to become Norm
Johnson Way upon completion of street construction) to University Parkway,
south of Highland A venue to 5th Street, and that a public hearing to consider the
matter be set for August 21,2006, at 4:00 p.m.
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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.
18. RES. 2006-282 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of the Parks, Recreation and
Community Services Department to execute an Amendment to an Agreement
with the San Bernardino City Unified School District to extend the term of
the Agreement from July 1, 2006 through September 30, 2006, to provide
contractual services for seventeen (17) CAPS before and after-school
recreation programs at school district sites.
City Attorney Pemnan advised that he would be abstaining because his wife is a
member of the school board. He left the Council Chambers and returned after
the vote was taken.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-282 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
19. RES. 2006-281 - Resolution authorizing the Mayor to execute Amendment
No. 2 to the Services Agreement between the City of San Bernardino and
New Hope Missionary Baptist Church to provide community services at the
New Hope Family Life Center.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-281 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
20. RES. 2006-283 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to a purchase order with Matich
Corporation for asphalt paving services.
Mayor/Chairman Morris declared that he had a conflict. He left the Council
Chambers and returned after the vote was taken.
Council Member/Commissioner Derry assumed the duties of Mayor Pro Tern.
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City Attorney Penman advised that he would be abstaining because Matich
Corporation is a donor to his City Attorney re-election campaign. He left the
Council Chambers and returned after the vote was taken.
Council Member/Commissioner Estrada stated that she would be abstaining due
to donations received from Matich Corporation. She left the Council Chambers
and returned after the vote was taken.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-283 was adopted by the following vote: Ayes: Council
Members/Commissioners Baxter, Derry, Johnson, McCammack. Nays: None.
Absent: Council Member/Commissioner Kelley. Abstentions: Council
Member/Commissioner Estrada. Vacant: Third Ward.
21. Set a public hearing for August 21, 2006, at 4:00 p.m. to consider setting
various fees
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the Mayor and Common Council set
a public hearing for Monday, August 21, 2006, at 4:00 p.m. in the City Hall
Council Chambers to consider setting various fees.
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.
22. Resolution of the City of San Bernardino awarding a Service Agreement and
an Annual Purchase Order in an amount not to exceed $35,000 to
Pacificare/United Behavioral Health. (Note: See pages 19 and 20 for
subsequent action taken on August 8,2006.)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
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.
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,
23. Resolution of the City of San Bernardino awarding a Service Agreement to
The Counseling Team International, in an amount not to exceed $20,000.
(Note: See pages 20 and 21 for subsequent action taken on August 8, 2006.)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted; and that
the Director of Finance be authorized to pay The Counseling Team International
$17,225 from available funds in FY 2005/06 contractual services, Account No.
678-452-5502.
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.
24. Legislative Update
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of August 21,2006.
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.
25. RES. 2006-284 - Resolution of the Mayor and Common Council of the City
of San Bernardino adopting the 2006/2007 through 2010/2011 Capital
Improvement Program.
City Attorney Pemnan advised that a complete list of Capital Improvement
Program projects had been prepared by the City Engineer in map form and would
be provided to the City Clerk's Office.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted except
for those Capital Improvement Projects which pose a conflict of interest for
Mayor/Chairman Morris, Council Members/Commissioners Baxter, Johnson and
McCammack, and City Attorney Pemnan; and that the Director of Finance be
authorized to amend the FY 2006/07 budget to incorporate the completed FY
2006/07 Capital Improvement Program (CIP) into the final FY 2006/07 budget.
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.
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Mayor/Chairman Morris, Council Member/Commissioner McCammack and City
Attorney Penman stated that they would be abstaining from voting on Exhibit "B"
due to the fact that they own property within 500 feet of those crp projects.
They left the Council Chambers and returned after the vote was taken.
Council Member/Commissioner Derry assumed the duties of Mayor Pro Tem.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the crp projects listed in Exhibit "B" be
approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Johnson. Nays: None. Absent:
Council Member/Commissioner Kelley. Abstentions: Council Member/
Commissioner McCammack. Vacant: Third Ward.
Council Member/Commissioner Johnson stated that he would be abstaining from
voting on Exhibit "c" due to the fact that he owns property within 500 feet of
those crp projects. He left the Council Chambers and returned after the vote was
taken.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the crp projects listed in Exhibit
"c" be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, McCammack. Nays: None. Absent:
Council Member/Commissioner Kelley. Abstentions: Council Member/
Commissioner Johnson. Vacant: Third Ward.
Council Member/Commissioner Baxter stated that he would be abstaining from
voting on Exhibit "D" due to the fact that he owns property within 500 feet of
those crp projects. He left the Council Chambers and returned after the vote was
taken.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the crp projects listed in Exhibit
"D" be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Derry, Johnson, McCammack. Nays: None. Absent:
Council Member/Commissioner Kelley. Abstentions: Council Member/
Commissioner Baxter. Vacant: Third Ward.
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COMMUNITY DEVELOPMENT COMMISSION
Staff Present
Mayor/Chairman Morris; Council Members/Conunissioners Estrada, Baxter, Derry,
Johnson, McCanunack; City Attorney Penman, City Clerk Clark, Economic
Development Agency Executive Director Pacheco and Special Counsel Sabo. Absent:
Council Member/Conunissioner Kelley. Vacant: Third Ward.
R26. Public hearing - Approve and authorize Community Development Block
Grant (CDBG) Funds for the Operation Phoenix Summer Youth Work
Program
Mayor/Chairman Morris opened the hearing.
No public conunents were received.
Council Member/Conunissioner Estrada made a motion, seconded by Council
Member/Conunissioner Baxter, that the hearing be closed; and that the Mayor
and Conunon Council of the City of San Bernardino approve and authorize
$35,000 of Unappropriated/Program Income Conununity Development Block
Grant Funds (CDBG) to the "at-risk" Sununer Youth Program to be administered
by the City, and authorize amendments to the 2006/2007 Annual Action Plan and
2005-2010 Five-Year Consolidated Plan.
The motion carried by the following vote: Ayes: Council Members/
Conunissioners Estrada, Baxter, Derry, McCanunack. Nays: None. Absent:
Council Members/Conunissioners Kelley, Johnson. Vacant: Third Ward.
R27. RES. CDC/2006-33 - Resolution of the Community Development Commission
of the City of San Bernardino, California, establishing limits as to the
number of meetings per month for which compensation may be received by
the Community Development Commission members.
Council Member/Conunissioner Estrada made a motion, seconded by Council
Member/Conunissioner Baxter, that said resolution be adopted.
Resolution No. CDC/2006-33 was adopted by the following vote: Ayes: Council
Members/Conunissioners Estrada, Baxter, Derry, Johnson, McCanunack. Nays:
None. Absent: Council Member/Conunissioner Kelley. Vacant: Third Ward.
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R28. RES. CDC/2006-34 - Resolution of the Community Development Commission
of the City of San Bernardino, California, approving and authorizing the
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute the Agreement for Auditing Services by
and between the Agency and Rogers, Anderson, Malody and Scott, L.L.P.,
to perform financial audit services for the Agency.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. CDC/2006-34 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
R29. RES. CDC/2006-35 - 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. 1 to the January 9, 2006
Rehabilitation Grant Agreement by and between the Agency and the San
Bernardino Historical and Pioneer Society ("Grantee") (Heritage House
Museum at 792 North "D" Street - Central City North Redevelopment
Project Area).
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. CDC/2006-35 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
30. Public Comments
James Smith, Member of the Native Sons of the Golden West, 1156 E. 24th
Street, San Bernardino, CA, thanked the Mayor and Council for their approval of
Agenda Item No. R29. He acknowledged Alan Bone and Steve Shaw for their
leadership.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA. spoke about the drug
war and fighting corruption.
Anthony Castro, 1350 Pepper Tree Lane, San Bernardino, CA, stated that he
believed he was wrongfully terminated from the City of San Bernardino and
asked who he could talk to about it.
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Jane Godager, 771 E. Niles Street, San Bernardino, CA, requested an update on
the renovation of the Perris Hill Senior Center.
S1. RES. 2006-286 - Resolution of the Mayor and Common Council of the City
of San Bernardino declaring an emergency pursuant to Section 2(B) of
Article XIIIC of the California Constitution necessitating submission of a
General Transactions and Use Tax measure on the November 7, 2006 Special
Election ballot. (Note: See pages 21 and 22 for subsequent action taken on
August 8, 2006.)
Note: No backup materials were distributed.
Michael G. Colantuono, Attorney at Law, Colantuono & Levin, 11406 Pleasant
Valley Road, Penn Valley, CA, explained that the procedures for adopting new
revenue measures for local government are complicated by the fact that they are
controlled by a number of different voter-approved amendments to California law
in the Constitution-Propositions 13, 62 and 218. He stated that one of the rules
of Proposition 218 adopted into California's Constitution by the voters in 1996 is
that special taxes can go before the voters at any time, but general taxes, taxes
that go into the General Fund and upon which the Council has discretion to spend
the money on any proper City purpose, need to go on general municipal election
ballots when Council seats are contested unless the Council unanimously declares
an emergency. Mr. Colantuono added that this resolution has one purpose and
that is to say that there is a pressing need in the community to do this now.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be continued to August
8,2006, at 3:30 p.m. in the Council Chambers of City Hall.
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.
S2. RES. 2006-288 - A Resolution of the Mayor and Common Council of the City
of San Bernardino calling a Special Election and an Advisory Election in the
City of San Bernardino to be held on Tuesday, November 7,2006; requesting
that the County Board of Supervisors allow those elections to be consolidated
with the Statewide General Election of that same date; and requesting
services of the County Registrar of Voters for the conduct of those elections.
(Note: See page 22 for subsequent action taken on August 8,2006.)
Note: No backup materials were distributed.
Michael G. Colantuono, Attorney at Law, Colantuono & Levin, 11406 Pleasant
Valley Road, Penn Valley, CA, stated that this resolution was entirely boilerplate.
15
08/07/2006 and
08/08/2006
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be continued to August
8,2006, at 3:30 p.m. in the Council Chambers of City Hall.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Johnson, McCarnmack. Nays: None.
Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
S3. RES. 2006-287 - A Resolution of the Mayor and Common Council of the City
of San Bernardino placing a General Transactions and Use Tax, and an
Advisory Question on the ballot for the November 7, 2006 Consolidated
Special Municipal Election, and Advisory Election. (Note: See pages 22 and
23 for subsequent action taken on August 8,2006.)
Note: No backup materials were distributed.
Michael G. Colantuono, Attorney at Law, Colantuono & Levin, 11406 Pleasant
Valley Road, Penn Valley, CA, stated that much ofthis resolution was boilerplate
except for Section 2, which are the ballot labels-the actual questions that will be
printed on the ballot and will be the last thing the voters will see before they make
a decision on the matter.
Mr. Colantuono stated that the law only has two requirements for a ballot label.
One requirement is that it contain 75 words or less. The other requirement is that
the questions must not constitute an argument. He stated that the purpose of this
measure is to place an advisory question before the voters asking them if a
general transactions and use tax passes, commonly known as a sales tax, do the
voters prefer that that money be spent only to fund more police officers and
support personnel and to fund anti-gang and anti-crime operations including drug
resistance education and supervised after-school youth activities. This is an
advisory measure-the voters will be giving their advice. Mr. Colantuono stated
that this was constructed as an advisory measure instead of a binding measure
because if it was binding, that would convert the tax into a special tax that would
require two-thirds voter approval.
Mr. Colantuono stated that the second question places the tax ordinance itself on
the ballot for the voters to act on. The current version of the ballot label is to
fund more police officers, anti-gang and anti-crime operations and other urgent
general fund programs. He stated that the phrase, "other urgent general fund
programs" reflects that some degree of discretion in the expenditure of the tax
money is necessary to characterize this as a general tax.
Mr. Colantuono stated that the tax will sunset after 15 years unless the voters
decide to extend it, and that a Citizen's Oversight Committee would be created to
16
08/07/2006 and
08/08/2006
report annually to voters on the use of the proceeds. He stated that that was not
required for a general tax, but it was a very good idea.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be continued to August
8,2006, at 3:30 p.m. in the Council Chambers of City Hall.
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.
S4. An Ordinance of the City of San Bernardino imposing a General
Transactions and Use Tax to be administered by the State Board of
Equalization pursuant to Revenue and Taxation Code Sections 7251 et seq.,
subject to voter approval, and providing for sunset of the tax, and the
creation of a Citizen's Oversight Committee. FIRST READING (Note: See
pages 23 and 24 for subsequent action taken on August 8, 2006.)
Note: No backup materials were distributed.
Michael G. Colantuono, Attorney at Law, Colantuono & Levin, 11406 Pleasant
Valley Road, Penn Valley, CA, stated that the first 15 sections of this ordinance
were boilerplate. He stated that because this is a sales tax and there is an existing
very articulate, very complicated fully blown structure for collecting sales taxes
from every point of sales in the State, in order to impose a sales tax you must do
it exactly the way the State Board of Equalization tells you to, you must contract
with them to administer it, and you have no discretion. You can choose what title
to call it and you can choose what tax rate to choose in the window between one-
quarter percent and one and one-half percent, and it has to be an even one-quarter
cent.
Mr. Colantuono stated that Section 16 provides for the I5-year sunset and one
draft provides authority to the Council to suspend the tax for a period of time
should they not need the revenues, and then to re-impose the tax without
additional voter approval provided that two things are true: 1) they don't raise
the rate above one-quarter cent; and 2) they don't extend it beyond the I5-year
sunset. He stated that Section 18 contains the direction that there be a Citizen's
Advisory Committee that will review the expenditures of the tax and will report
to the voters at least annually. Section 19 allows the Mayor and the City Clerk to
sign the ordinance again. They will sign it once after the Council adopts it, and
then if the voters should adopt it, there is a second signature block that would
provide certification that the voters did in fact adopt it.
Mr. Colantuono stated that this sales tax is just a little different than the general
sales tax. He stated that the most important difference is with respect to vehicle
17
08/07/2006 and
08/08/2006
sales in that it is not the point of sale that triggers the tax, it is the home address
of the person who registers the vehicle.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be continued to August 8,
2006, at 3:30 p.m. in the Council Chambers of City Hall; and that the Oversight
Committee be composed of two Mayoral appointees and one appointee by each
Council Member, who is a registered voter in their respective ward.
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.
S4A. RES. 2006-289 - Resolution of the Mayor and Common Council of the City
of San Bernardino appropriating any proceeds of a General Transactions and
Use Tax. (Note: See pages 24 and 25 for subsequent action taken on August 8,
2006.)
Note: No backup materials were distributed.
Michael G. Colantuono, Attorney at Law, Colantuono & Levin, 11406 Pleasant
Valley Road, Penn Valley, CA, stated that if this tax is approved by the voters in
November, it will go into effect in April and the City will start seeing proceeds in
May. He recommended that the budget be amended to include authorization to
spend this money on the public safety services as intended. He stated that this
resolution was all boilerplate except for Exhibit A, which lists the anticipated
revenues of $1.5 million and it outlines the expenditures of public safety services.
Mr. Colantuono stated that next year's budget document would look at a whole
year's worth of revenue and the portion of the City's 40 officer, 21 Beat Plan that
could be implemented in that time.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be continued to August
8,2006, at 3:30 p.m. in the Council Chambers of City Hall.
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.
S5. RES. 2006-285 - Resolution of the City of San Bernardino amending
Resolution No. 3985 entitled, in part, "A Resolution... prohibiting parking
upon certain designated streets, alleys, or portions thereof..." to establish a
no parking except by permit at any time zone on residential streets located
west of Waterman Avenue and south of Parkdale Drive in the vicinity of
Golden Valley Middle School.
18
08/07/2006 and
08/08/2006
, ,.,,~c
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-285 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
56. Discuss and take possible action concerning Business Recruitment and
Retention Incentives (Note: See page 25 for subsequent action taken on August
8, 2006.)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be continued to August
8, 2006, at 3:30 p.m. in the Council Chambers of City Hall.
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.
31. Adjournment
At 5 p.m., the meeting adjourned to Tuesday, August 8, 2006, at 3:30 p.m., in
the Council Chambers of City Hall, in order to take action on Agenda Items 51,
52, 53, 54, S4A and 56.
Reconvene - AU2Ust 8, 2006
The joint adjourned 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 3:35 p.m., Tuesday, August 8, 2006, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry,
Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson.
Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
22. Resolution of the City of San Bernardino awarding a Service Agreement and
an Annual Purchase Order in an amount not to exceed $35,000 to
PacificarelUnited Behavioral Health. (Note: See page 10 for previous action
taken on August 7,2006.)
Council Member/Commissioner McCammack stated that the Personnel
Committee had received a letter dated August 4, 2006, from Nancy K. Bohl,
Ph.D., Director of the Counseling Team International, regarding the Employee
19
08/07/2006 and
08/08/2006
Assistance Program. Therefore, she requested that the matter be reconsidered.
(Note: a copy of the letter was submitted into the record.)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the matter be reconsidered.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Johnson, McCammack. Nays: None.
Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the resolution be rescinded; that the
matter be referred to the Personnel Committee for further consideration based
upon the information received from The Counseling Team International; and that
the recommendation be brought back to the next Council meeting following
reconsideration by the Personnel Committee.
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.
23. Resolution of the City of San Bernardino awarding a Service Agreement to
The Counseling Team International, in an amount not to exceed $20,000.
(Note: See page 11 for previous action taken on August 7,2006.)
Council Member/Commissioner McCammack stated that the Personnel
Committee had received a letter dated August 4, 2006, from Nancy K. Bohl,
Ph.D., Director of the Counseling Team International, regarding the Employee
Assistance Program. Therefore, she requested that the matter be reconsidered.
(Note: a copy of the letter was submitted into the record.)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the matter be reconsidered.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Johnson, McCammack. Nays: None.
Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the resolution be rescinded; that the
matter be referred to the Personnel Committee for further consideration based
upon the information received from The Counseling Team International; and that
the recommendation be brought back to the next Council meeting following
reconsideration by the Personnel Committee.
20
08/07/2006 and
08/08/2006
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.
30. Public Comments
Art Guerrero, 1123 Central Avenue, San Bernardino, CA, asked if anything
could be done to stop the destruction that takes place after events held at the
National Orange Show.
Randy Lally, candidate for the Third Ward Council seat, stated that citizens in
the Third Ward are concerned that the additional dollars generated by the
proposed tax are used only on the programs listed in the measure. He stated that
the Oversight Committee was a good idea.
S1. RES. 2006-286 - Resolution of the Mayor and Common Council of the City
of San Bernardino declaring an emergency pursuant to Section 2(8) of
Article XIIIC of the California Constitution necessitating submission of a
General Transactions and Use Tax measure on the November 7, 2006 Special
Election ballot. (Note: See page 15 for previous action taken on August 7,
2006.)
Note: No backup materials were distributed.
Council Member/Commissioner McCammack stated that she had a problem with
the language in one of the resolutions that states that the urgent need is not only
expansion of the police force, but also crime prevention programs, and that those
programs require immediate funding in the current fiscal year. She stated that the
Council has already given the Mayor and the Police Chief the authority to hire up
to 35 officers and that they were trying to identify funding sources, which is what
this measure was all about. She stated that she wanted the public to know that the
majority of the Council is dedicated to that purpose.
Mrs. McCammack also wanted the public to know that today's vote would not
guarantee how this Council or future Councils would spend the. money that will
be generated if the voters pass this one-quarter cent raise in sales tax. She voiced
her concern about the crime prevention programs in that she agrees that many of
them will eventually reduce crime, but she wanted to know how their success will
be calculated. Mrs. McCammack stated that if they hire more police officers and
there is a reduction in crime, is it the police presence that has reduced the crime
by arresting criminals, and if the question remains unanswered, then how do they
change the mindset of families that crime does not pay. She felt that there should
be a mechanism to quantify those programs. Mrs. McCammack stated that a lot
of people relate blight to crime and most folks feel that the money the City spends
on code enforcement either is not enough or we are not enforcing our own codes.
21
08/07/2006 and
08/08/2006
They feel that if we would enforce our own codes, the graffiti and the vandalism
would drop.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-286 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
S2. RES. 2006-288 - A Resolution of the Mayor and Common Council of the City
of San Bernardino calling a Special Election and an Advisory Election in the
City of San Bernardino to be held on Tuesday, November 7, 2006; requesting
that the County Board of Supervisors allow those elections to be consolidated
with the Statewide General Election of that same date; and requesting
services of the County Registrar of Voters for the conduct of those elections.
(Note: See pages 15 and 16 for previous action taken on August 7,2006.)
Note: No backup materials were distributed.
City Attorney Penman advised using the substituted version of the resolution for
S2.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-288 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
S3. RES. 2006-287 - A Resolution of the Mayor and Common Council of the City
of San Bernardino placing a General Transactions and Use Tax, and an
Advisory Question on the ballot for the November 7, 2006 Consolidated
Special Municipal Election, and Advisory Election. (Note: See pages 16 and
17 for previous action taken on August 7,2006.)
Note: No backup materials were distributed.
City Attorney Penman stated that there were two versions of S3: S3X and S3Y.
He stated that S3X did not include street paving and S3Y did include street
paving. He stated that he believed it was a more sound position to have at least
one use other than police, anti-gang and anti-crime operations to avoid the
conclusion in court that this is a special tax rather than a general tax, and the most
likely addition was street paving.
22
08/07/2006 and
08/0812006
- -;---"""'",'lWi,"'7:;-;--.
Mayor/Chairman Morris stated that he is concerned with street conditions;
however, he stated that the City needs to maintain its focus on public safety and
including street repairs would send the wrong message to the community. The
Mayor stated that by specifically including street repairs they are signaling their
intention to divert monies from safety issues and it could be alleged that the City
is not totally committed to the idea of public safety, but we are interested in doing
other things with these resources. He stated that including street repairs would
substantially dilute the strength of the initiative.
City Attorney Penman stated that his only concern was with the court making the
determination whether this is a general tax versus a special tax, and all the
references are to matters that are consistent with a special tax. He agreed with
Mr. Colantuono that the statement "and other urgent general fund programs,"
which appears in both versions, is the argument they will use if challenged. Mr.
Penman stated that he felt the tax, if imposed by the voters, would be more
successfully defended against the challenge that it is a special tax if they include
at least one use that is not law enforcement.
Mayor Morris stated that he believed the language "other municipal purposes"
adequately covered that issue.
City Attorney Penman stated that he would pull version Y, which included the
street paving language and they would go with version X. He advised that for
legal reasons this tax is not a police tax-it is a general tax and can be spent on
anything the Mayor and Council wish to spend it on and the funds will come out
of the general fund. He stated that nothing will require them to spend it solely for
police.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-287 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
S4. An Ordinance of the City of San Bernardino imposing a General
Transactions and Use Tax to be administered by the State Board of
Equalization pursuant to Revenue and Taxation Code Sections 7251 et seq.,
subject to voter approval, and providing for sunset of the tax, and the
creation of a Citizen's Oversight Committee. FIRST READING (Note: See
pages 17 and 18 for previous action taken on August 7,2006.)
Note: No backup materials were distributed.
23
08/07/2006 and
08/08/2006
City Attorney Penman stated that version S4 is the safest version of Section 16 in
that it does not give the Mayor and Council the authority to suspend or lower the
tax at any time. He stated that they had received an e-mail from the State Board
of Equalization stating that they would not be able to enforce or administer this
ordinance since Section 16 did not follow the Revenue and Taxation Code. Mr.
Penman stated that the attorney representing the State Board of Equalization
advised that setting a tax rate to zero would terminate the tax and the implication
is that such a tax could not be revived, and an entirely new tax would be required
with new voter approval. He stated that S4 Revised is the in-between version in
that it provides that "the Common Council may amend the ordinance to reduce
the rates of the taxes permanently or temporarily and may thereafter reinstate the
original rates without a further vote of the people." He stated that S4Y is the
most risky version in that it states that "the Mayor and Common Council shall
have the power to suspend this tax and to reinstate it without further voter
approval. "
Mayor/Chairman Morris stated that he agreed with Mr. Penman that the
conservative approach was the best approach; therefore, they should go with
version S4.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be laid over for final
adoption.
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.
S4A. RES. 2006-289 - Resolution of the Mayor and Common Council of the City
of San Bernardino appropriating any proceeds of a General Transactions and
Use Tax. (Note: See page 18 for previous action taken on August 7.2006.)
Note: No backup materials were distributed.
Council Member/Commissioner McCammack stated that she had concerns about
spending other monies beyond what they will need for the police force on crime
prevention programs including anti-gang and drug resistance education programs
and supervised after school and other youth programs. She stated that she hopes
it will be used solely on policing.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
24
08/07/2006 and
08/08/2006
.",,,.-.
Resolution No. 2006-289 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
S6. Discuss and take possible action concerning Business Recruitment and
Retention Incentives (Note: See page 19 for previous action taken on August 7,
2006.)
Council Member/Commissioner McCammack stated that a previous attempt had
been made to reduce the utility tax to ease the burden on every citizen who pays
the utility tax in the City without impacting any public safety needs or funding for
those needs. She stated that a methodical formula was set so that it could be
reduced in very small increments to eventually eliminate it based on other funding
sources. She stated that she wanted to make sure that that formula will not be
affected.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Baxter, that the City Manager be directed to bring back
the appropriate ordinances to reduce the City's utility tax rate to 7.83 %, and to
set a cap on business registration fees for motor vehicle dealerships.
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.
31. Adjournment
At 4:31 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, August 21,2006, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
B~A~A/~~_
Linda Sutherland
Deputy City Clerk
No. of Items: 38
No. of Hours: 4.5
25
08/07/2006 and
08/08/2006
.'
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
Vacant
Neil Derry
Chns Kelley
Rikke Van Johnson
Wendy McCammack
~
MINUTES
MA YOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
SEPTEMBER 5,2006
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:35 p.m., Tuesday, September 5, 2006, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry,
Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager
Wilson. Absent: None. Vacant: Third Ward.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a).
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:
Claim filed by City of Riverside/Gage Canal Company
09/0512006
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code Section
54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Central City North Redevelopment Project Area
I. 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
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 No. lA, Existing Litigation:
Manta Management v. City of San Bernardino - California Supreme Court
Case No. S144492;
Under Agenda Item No. lC, Initiation of Litigation:
Declaratory Relief Action - City of San Bernardino v. LAFCO.
2
09105/2006
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Sister Carmel Crimmins of the San Bernardino Catholic
Diocese, followed by the pledge of allegiance, led by Orry Mack, a student at Anderson
School.
2. Appointments
There were no commission appointments.
3. Presentations
Andrea Winter, Marketing Coordinator for the San Bernardino Convention and
Visitors Bureau, unveiled this year's official Route 66 Rendezvous T-shirt and
provided a brief overview of scheduled events.
Mayor's Assistant Peggi Hazlett announced that twenty-four City employees
participated in this year's American Cancer Society's Relay for Life held on April
22-23, 2006. She stated that they raised nearly $7,000 and received a plaque for
third place. Jack Masters, team spokesman, presented the plaque to Mayor
Morris with a request that it be displayed with the awards received by City teams
in the past.
Economic Development Agency Executive Director Maggie Pacheco, Mayor
Morris, and Councilwoman Estrada presented Business Recognition Awards to
the Marriott Residence Inn for opening their business in the City of San
Bernardino; Garden Interiors/Party Planters, in recognition of their dedication
and continuing excellence in providing their unique and creative services
throughout the Inland Empire region and the west coast for the past 25 years; Lil'
Louie Pinstriping and Lettering, in recognition of his outstanding reputation as
being the best artist for custom and specialized hand pinstriping, lettering and
detailing of vehicles, classic cars and nostalgic memorabilia; and Mobile Help,
Inc., for demonstrating excellence in service for 30 years to enhance mobility and
quality of life for physically challenged and disabled members of the region.
Mayor Morris acknowledged Assemblyman Joe Baca, Jr. for his efforts in
making Seccombe Lake Park a safe and secure environment for the community
and for his assistance in the economic revitalization of the downtown area.
3
09/05/2006
Councilwoman Wendy McCammack presented the Citizen of the Month A ward to
Joe Ortiz for his diligence and persistence in the removal of the homeless, trash,
graffiti, and drug dealing at the Campo Santo Cemetery.
Mayor Morris presented an award to Daniel Marquez on the occasion of his
retirement from the City after 21 years of dedicated service.
City Attorney James Penman presented a check for $58,500 to Mayor Morris,
stating that it was the result of a civil lawsuit filed against former Council
members Valerie Pope-Ludlam and Edward Negrete, bringing the total recovered
to $126,500.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic and community events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: 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: July 10, 2006; and July 24, 2006.
The motion carried by the following vote: Ayes:
Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
None. Absent: None. Vacant: Third Ward.
Council Members/
McCammack. Nays:
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09/05/2006
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 in the memorandum dated August 10, 2006, from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes:
Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
None. Absent: None. Vacant: Third Ward.
Council Members/
McCammack. Nays:
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 August 29, 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. ORD. MC-1230 - An Ordinance of the City of San Bernardino amending
Chapter 3.44 of the San Bernardino Municipal Code concerning reduction in
the Service User's Tax (Utility Tax) rate. FINAL READING
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said ordinance be adopted.
Ordinance No. MC-1230 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. 2006-302 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, consenting to the designation of the San
Bernardino Regional Water Resources Authority as the non-federal sponsor
for the study project to be undertaken by the U.S. Army Corps of Engineers.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-302 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
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09/05/2006
11. RES. 2006-303 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of Amendment Number 4 to the
Cooperative Agreement between the City of San Bernardino and the San
Bernardino Associated Governments (SANBAG) for the San Bernardino
Santa Fe Depot Rehabilitation Project, Contract No. 04-040.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-303 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCamrnack.
Nays: None. Absent: None. Vacant: Third Ward.
12. RES. 2006-304 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Mandel E. Himelstein and the City of San Bernardino
for hearing officer and/or administrative law officer services.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council appoint
Mandel E. Himelstein as an Administrative Law Officer until August 31, 2008
pursuant to Chapter 9.92 of the Municipal Code; and that said resolution be
adopted.
The motion carried and Resolution No. 2006-304 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
13. Item Deleted
14. Item Deleted
15. RES. 2006-305 - 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 Ohio Avenue
and Pine 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. 1047; preliminarily approving the Engineer's Report
and giving notice of a public meeting and public hearing.
6
09/05/2006
,.
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 Ohio
Avenue and Pine Avenue area (Tract No. 16547), to be known as Assessment
District No. 1047; and that said resolution be adopted.
The motion carried and Resolution No. 2006-305 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
16. RES. 2006-306 - 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 Grant Avenue and "J" Street.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-306 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. 2006-322 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute all Program
Supplemental Agreements, Fund Exchange Agreements, Fund Transfer
Agreements and any amendments thereto with the California Department of
Transportation.
Council Member/Commissioner McCammack stated that she had been told that
this was just a routine item in terms of changing the title from City Administrator
to City Manager. However, she pointed out that there may be several contracts
under $25,000 that could add up to thousands of dollars, and the fact that the
Council was not privy to that information. Ms. McCammack suggested that they
should think about asking the City Manager to prepare some kind of monthly
report on what the contracts are for, what kind of accountability the City Manager
is requiring of the contractors, and whether they are meeting their end of the
bargain. She noted that the Council doesn't have any idea what the financial
impact would be, and she pointed out that it is their responsibility to be aware of
that.
Council Member/Commissioner Estrada stated that the City has just changed
from a strong Mayor form of government to a City Manager form of government,
and she believes that no one has figured out what that means other than there is
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09/0512006
now a City Manager and he has certain responsibilities as listed in the City
Charter.
City Attorney Penman stated that the City still has a strong Mayor form of
government; however, the Mayor's office is no longer responsible for the day-to-
day operation of City departments.
Council Member/Commissioner Estrada stated that she felt it would be a good
idea to schedule a workshop to discuss this issue.
Council Member/Commissioner Derry stated that it is up to Mr. Wilson to create
his role over the next few years and set the precedent for the position of City
Manager for the years to come. He agreed with Councilwoman Estrada that the
Council should provide some input, but he believed this item was just a matter of
changing the name from City Administrator to City Manager.
Council Member/Commissioner McCammack stated that there was no way the
Council could know what the documents are that are referenced in the staff
report, and she did not know exactly what she was being asked to vote on. She
stated that it was not Mr. Wilson's responsibility to determine whether or not this
was an item that the Council should feel comfortable and accountable voting on.
Ms. McCammack stated that she felt these responsibilities were slipping away
from the Council, and at some point in time someone was going to point a finger
and tell them that they shouldn't have voted on something if they didn't know
what they were voting on.
City Manager Wilson stated that this has been the practice since 2001. He
recommended that the Council hear from City Engineer Mark Lancaster since
these are primarily Caltrans reimbursement procedures. He stated that he
understood that the documents referred to in the staff report would simply allow
the City to obtain billing reimbursement from Caltrans for pre-approved
projects-they are not obligating any new projects or any new money for these
particular expenditures.
Mark Lancaster, Deputy Director/City Engineer, stated that Mr. Wilson was
correct. He stated that this item defines the program for reimbursement on
particular funds, including State funding, and those projects would go through the
Council before they would begin construction. Mr. Lancaster stated that the City
puts up the front money and the State reimburses under hazard elimination
systems programs, safe routes to schools, or other projects they might be working
on that have some State funding such as highway bridge restoration/replacement
type projects.
Council Member/Commissioner Baxter stated that he agreed with Council
Members/Commissioners Estrada and McCammack. He stressed the importance
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09105/2006
of disclosure and transparency so that there is no question later on that they voted
on something they did not understand.
Council Member/Commissioner McCammack requested that the City Manager
provide her with a document that shows all the current contracts that are under
$25,000 so she can make sure there are no conflicts.
It was the consensus of the Council that the workshop be held during the dinner
hour.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted, and that a dinner
workshop be held on September 18, 2006 to discuss the role/responsibilities of
the City Manager as defined in the City Charter.
The motion carried and Resolution No. 2006-322 was adopted by the following
vote: Ayes: Council Members/Commissioners Baxter, Derry, Kelley, Johnson.
Nays: Council Members/Commissioners Estrada, McCammack. Absent: None.
Vacant: Third Ward.
18. RES. 2006-307 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of Vendor Services Agreements
for the provision of photocopier equipment, supplies and maintenance with
the following vendors: Advanced Copy Systems; Canon Business Solutions;
Burtronics Business Systems; Ikon Office Solutions; Toshiba America
Business Solutions; Konica-Minolta Business Solutions and Xerox
Corporation.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-307 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
19. RES. 2006-308 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City of San Bernardino Fire Department
to enter into an agreement with the County of San Bernardino to provide fire
protection and paramedic services to County unincorporated areas within the
City of San Bernardino's sphere of influence from July 1, 2006, through June
30, 2011.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted and that the
Mayor and Common Council:
9
09/05/2006
Reclassify three (3) Firefighter P-l positions ($4,824-$6,102) to Paramedic/
Firefighter P-2 ($5,572-$6,973);
Approve three (3) Paramedic/Firefighter P-2 positions, to begin employment on
January 3, 2007 ($5,572-$6,973);
Direct the Human Resources Department to update Resolution No. 6429, Section
Three, to reflect this action; and
Authorize the Director of Finance to amend the FY 2006/2007 adopted budget
and transfer $335,900 from the General Government budget (Account No. 001-
092-5502) to various Fire Department personnel and operating accounts as
outlined in the staff report dated August 17, 2006, from Michael J. Conrad,
Deputy Fire Chief.
The motion carried and Resolution No. 2006-308 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
20. Resolution implementing a Memorandum of Understanding between the City
of San Bernardino and the employees in the Middle-Management Bargaining
Unit and a resolution for salary adjustments
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. (20A)
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) (20B)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of September 18,2006.
The motion carried by the following vote: Ayes:
Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
None. Absent: None. Vacant: Third Ward.
Council Members/
McCammack. Nays:
10
09/05/2006
21. RES. 2006-309 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to Purchase Order No. 206413 to
Sucaba Company, Inc. for a total purchase order amount not to exceed
$35,400.00.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that the
Director of Finance be authorized to pay Sucaba approximately $10,400 from
available funds in FY 2005/06 Professional/Contractual Services, Account No.
678-452-5502.
The motion carried and Resolution No. 2006-309 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. 2006-310 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to Purchase Order No. 999362 to
Insurance Overload Staffing for a total purchase order amount not to exceed
$32,400.00.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that the
Director of Finance be authorized to pay Insurance Overload Staffing
approximately $7,400 from available funds in FY 2005/06 Professional/
Contractual Services, Account No. 678-452-5502.
The motion carried and Resolution No. 2006-310 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
23. RES. 2006-311 - Resolution approving a Side Letter to Resolution No. 2006-
291, amendment to Article VI, Section 5, of the Memorandum of
Understanding between the City of San Bernardino and employees in the
Police Safety Employees' bargaining unit represented by the San Bernardino
Police Officers' Association (SBPOA).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-311 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
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09/05/2006
24. RES. 2006-312 - Resolution of the Mayor and Conunon Council of the City
of San Bernardino authorizing the Mayor to execute an agreement between
the City of San Bernardino, the County of San Bernardino Department of
Conununity Development and Housing, and the Authority for the
Handicapped to provide facility improvements at the Center for Individual
Development (C.LD.) main building, annex, and the north Norton Center
using County CDBG funds.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 200612007 adopted budget
and increase Account No. 001-325-5706 by $181,500 and the offsetting revenue
Account No. 001-000-4901 by $181,500 to reflect the County CDBG
reimbursement to be received.
The motion carried and Resolution No. 2006-312 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
25. RES. 2006-313 - Resolution of the Mayor and Conunon Council of the City
of San Bernardino ratifying the execution of a grant application for
administration of the Retired Senior Volunteer Program (RSVP) for the
period October 1, 2006 through September 30, 2007.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-313 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCamrnack.
Nays: None. Absent: None. Vacant: Third Ward.
26. RES. 2006-314 - Resolution of the Mayor and Conunon Council of the City
of San Bernardino authorizing the Director of the Parks, Recreation and
Conununity Services Department to execute Amendment No. 2 to the
agreement for consultant services for the CAPS Program between the City
and the San Bernardino Unified School District.
City Attorney Penman indicated that he would be abstaining on this item because
his wife is a member of the school board.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
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09/05/2006
Resolution No. 2006-314 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
27. RES. 2006-315 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of the Parks, Recreation and
Community Services Department to execute Amendment No. 4 to the
agreement for consultant services for the CAPS Program between the City
and the San Bernardino Unified School District.
City Attorney Penman indicated that he would be abstaining on this item because
his wife is a member of the school board.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-315 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
28. RES. 2006-316 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of the Parks, Recreation and
Community Services Department to execute Amendment No. 5 to the
agreement with the San Bernardino City Unified School District, to provide
contractual services for seventeen (17) CAPS before & after-school recreation
programs at school district sites for the period October 1, 2006 through June
30,2007.
City Attorney Penman indicated that he would be abstaining on this item because
his wife is a member of the school board.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-316 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
29. RES. 2006-317 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the execution of Amendment No.4 of the Senior
Nutrition Contract through the County of San Bernardino Department of
Aging and Adult Services (DAAS) for senior nutrition services for the period
of July 1, 2006 through June 30,2007.
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09/05/2006
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-317 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. 2006-318 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute a Services Agreement
between the City of San Bernardino and Coast Soccer League to provide
management services at the San Bernardino Soccer Complex.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-318 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
31. RES. 2006-319 - Resolution of the Mayor and Common Council authorizing
a Service Agreement with the Wackenhut Corporation to provide jail staffing
per bid F-07-03 in an amount not to exceed $362,200 for FY 2006-07 with
three optional renewal years.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-319 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
32. RES. 2006-320 - Resolution of the City of San Bernardino authorizing the
execution of a purchase order to Chaparral Motorsports for the purchase of
nine 2005 Honda ST1300P police motorcycles, to be utilized by the Police
Department.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-320 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
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09/05/2006
33. RES. 2006-323 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Memorandum of
Understanding (MOU) for the San Bernardino Police Department to continue
participation as a member of the United States Department of Justice, Drug
Enforcement Administration (DEA) Task Force.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
The resolution was adopted by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
Mayor/Chairman Morris stated that he received a speaker slip on Agenda Item
No. 33, which had been approved on the consent calendar. He asked for a
motion to rescind that action in order to give the speaker an opportunity to speak
on the item.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the prior action be rescinded.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, voiced his concerns
about drug testing guidelines and drug enforcement laws at Federal and State
levels.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2006-323 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
34. RES. 2006-321 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of an application by the Police
Department for a Driving Under the Influence (DUI) mini grant from the
State of California Office of Traffic Safety in the amount of $25,460.32.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-321 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
35. Item Deleted
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09/05/2006
36. Resolution of the Mayor and Common Council requiring all City contractors
to comply with the requirements of the Immigration Reform and Control Act
of 1986, Title 8 V.S.C. Sections 1324a and 1324b, prohibiting the hiring of
unauthorized aliens, as a condition of aU City Public Works and professional
services contracts, and all other City contracts for goods and services.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, asked what type of
enforcement mechanisms the City had in place to do this.
Council Member/Commissioner Derry stated that it was dependent upon Federal
inunigration enforcement. He stated that if a contractor is found in violation of
the Federal Immigration Law by the Federal Government, he would lose his
contract with the City. Mr. Derry stated that it is just another attempt by the City
to ensure that our contractors are following the law.
Council Member/Commissioner Estrada asked how the City was going to make
sure that contractors are following the Federal laws .
Council Member/Commissioner Derry stated that it would be up to the Federal
Government to enforce their laws; otherwise the City would not have the
necessary authorization to cancel a contract. He added that the City does not
have any enforcement powers at this time, but if a contractor working with the
City is found in violation of that law, their contract could be canceled at that
time. Mr. Derry noted that the City of Highland had just passed a similar
ordinance.
Council Member/Commissioner McCarnmack stated that they already have that
authority, and if they find out that a contractor has been found to have broken any
law, they could consider them in breach of their contract.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
The motion failed by the following vote: Ayes: Council Members/
Commissioners Baxter, Derry, Kelley. Nays: Council Members/Commissioners
Estrada, Johnson, McCammack. Absent: None. Vacant: Third Ward.
37. Public hearing - resolution authorizing execution of a Right of Way
Contract, Grant Deed and Easement Deed for City property located
northeasterly of Scenic Drive, easterly of Valley View Drive and approving
the sale to the State of California
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09105/2006
RES. 2006-324 - Resolution of the City of San Bernardino directing and
authorizing the execution of a Right of Way Contract, Grant Deed and
Easement Deed and approving the sale of City property generally located
northeasterly of Scenic Drive and easterly of Valley View Drive, in the City
of San Bernardino, to the State of California.
Council Member/Commissioner McCammack stated that she had a potential
conflict and would be abstaining on this item because she and her husband own
property in the subject area. She left the Council Chambers and returned after
the vote was taken.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Derry, that the hearing be closed; and that said resolution
be adopted.
The motion carried and Resolution No. 2006-324 was adopted 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.
38. Public hearing - resolution setting various City fees (Continued from August
21, 2006)
RES. 2006-325 - A Resolution of the City of San Bernardino establishing
certain fees for services furnished by the City of San Bernardino; amending
Resolution 89-471 and Resolution 91-148; and repealing Resolution No. 2005-
147, Resolution 2006-147, Resolution 93-171, Resolution 91-469, Resolution
92-344, and Resolution 90-154.
The hearing remained open.
City Manager Wilson stated that every year they perform a review of all City
service fees. He stated that as a result of that review they recommended a series
of fee increases based on the cost of providing those services. Mr. Wilson noted
that those fee increases included revised and new fees charged by several
departments as well as a revision to the apartment inspection fee schedule and the
creation of a new fee structure for larger apartment complexes. He stated that
there is also a proposed increase to the tow release fee charged by the Police
Department, which will fund four additional motor officer positions.
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09/05/2006
Mr. Wilson stated that the City retained a firm to help perform a major analysis
of its fees, which was provided in Attachment "D" of the staff report. In
addition, he stated that they provided a summary of all the information in a multi-
colored document starting with a strike-through format of the resolution that
highlights the changes and includes a comparison of the fees and a cost analysis to
justify the fees.
Mayor/Chairman Morris stated that many ClUes are going "green" and that
Councilman Derry has encouraged the entire City to look into the possibilities of
solar power as part of its initiative to become environmentally friendly.
Council Member/Commissioner Derry stated that the Legislative Review
Committee is looking at a number of different options to perhaps provide some
increased rebates and to possibly help people offset the costs. He stated that solar
panels are still rather expensive and have a long pay-off period, and it will depend
on usage as to how much it will save and whether it will be worthwhile for each
individual or business. Mr. Derry stated that it is an opportunity for the City to
do something positive to encourage the use of this type of power generation that
will help reduce power needs, reduce stress on the grid, and help prevent short
term blackouts in the region.
Council Member/Commissioner McCammack stated that about six months ago
she had asked her colleagues at the Legislative Review Committee level to discuss
repealing the fees for the multi-family inspection program, specifically, senior
housing complexes with more than 80 percent senior residency as well as non-
profit housing organizations. She stated that the staff report mentions raising fees
to the larger apartment complexes, but it also talks about raising fees pretty much
across the board so that the City can recover its costs related to the larger
apartment complex inspections.
Ms. McCammack stated that she did not have a problem making sure that the
apartment complexes are complying with the law in terms of safety for the
residences. However, since her colleagues could not agree to forego $20,000
worth of annual income, she stated that she could not support this item and she
was going to see if she could figure out a way to get the item back to the Council.
She stated that the senior complexes that house more than 80 percent senior
residency are very crucial to this community and we work hard to clean up the
area around them, yet we make it difficult for them to keep the rents low enough
for the seniors themselves. Ms. McCammack stated that the idea when this
inspection program came together was that it would only raise rents $2 or $3 per
month, but with the rise in electricity rates and every other fee that these seniors
are paying, it is going to become extremely detrimental to their quality of life
specifically as it relates to medication.
Council Member/Commissioner Estrada questioned whether that one item could
be removed and dealt with individually. She stated that the role of the Legislative
18
09/05/2006
Review Committee is to consider/introduce legislation that the Council could then
entertain in order to make government more efficient for the people. She stated
that the issue of fees should go to the Ways and Means Committee so they could
evaluate the issue of the money.
Council Member/Commissioner Derry stated that every ordinance has a financial
impact and the two bodies cross on many occasions. He stated that for every new
ordinance there is a cost for enforcement and for every revised ordinance there is
an impact on the City budget. He stated that there is no ordinance that we have
in place today that is cost free or without some budgetary impact.
Council Member/Commissioner McCammack stated that this item was originally
heard at Ways and Means and somehow it ended up back at the Legislative
Review Committee. She stated that when there is a fiscal effect, the original
position of this body is to send it to Ways & Means even if it means sending it to
the Legislative Review Committee first, going back to the Council, and then
returning to Ways & Means.
City Attorney Penman stated that they haven't had any problems. He stated that
ordinances have always gone to the Legislative Review Committee and anything
that had to do with fiscal impact, which is normally resolutions, went to Ways &
Means. Mr. Penman added that very few ordinances directly affect finances to
the extent that they need to go to Ways & Means.
Council Member/Commissioner Kelley stated that it was the committee's desire
to move these very important fee structures forward. He stated that although he
is very supportive of the senior community, this action would in no way be
detrimental to most seniors because the fee increases are nominal.
Council Member/Commissioner Derry stated that the Ways and Means
Committee did review this information.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolution be adopted. (Note: No vote was taken at this time.)
Council Member/Commissioner Estrada made a substitute motion, seconded by
Council Member/Commissioner Johnson, that the hearing be closed; and that said
resolution be adopted with the exception of multi-family inspection fees for non-
profit organizations and senior housing complexes with more than 80 percent
senior residency.
Lori Sassoon, Assistant City Manager, clarified that there is no increase to the
multi-family inspection fee proposed as part of this resolution. She stated that
previously the fee schedule topped out at complexes with 200 units so this
19
09/05/2006
resolution will allow that fee schedule to continue to increase as the complexity of
the apartment complex increases. She stated that after a year of operating this
program they found that fees are low for several significantly large apartment
complexes and the City is not able to cover the costs for inspecting those larger
apartment complexes.
The motion failed by the following vote: Ayes: Council Members/
Commissioners Estrada, Johnson, McCammack. Nays: Council Members/
Commissioners Baxter, Derry, Kelley. Absent: None. Vacant: Third Ward.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2006-325 was adopted by the following
vote: Ayes: Council Members/Commissioners Baxter, Derry, Kelley. Nays:
Council Members/Commissioners Estrada, Johnson, McCammack. Absent:
None. Vacant: Third Ward. (Note: Mayor/Chairman Morris voted in favor of
the motion.)
39. RES. 2006-326 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of a Cooperative Agreement with
the County of San Bernardino and the San Bernardino City Unified School
District for the installation of a flashing yellow beacon device, signing and
markings for a crosswalk located on Lynwood Drive at Merito Avenue,
adjacent to Del Vallejo Middle School. (Continued from August 21,2006)
City Attorney Penman indicated that he would be abstaining on this item because
his wife is a member of the school board. He left the Council Chambers and
returned after the vote was taken.
Valerie Ross, Director of Development Services, stated that Development
Services staff, County staff, and school district staff met last winter to discuss
some concerns with the safety of children at the subject crosswalk. She stated
that the school district initially wanted a signal, which would run about $200,000;
however, it was determined that this flashing beacon would alert motorists and
could be accomplished sooner. Ms. Ross stated that concerns were raised about
the height of the flashing signal, and she explained that the height was determined
to catch the attention of motorists well before they approach the crosswalk so they
would be prepared to slow down when children are present. She stated that this
beacon could be set so that it only operates during the peak hours when children
are traveling to and from school.
Council Member/Commissioner McCammack stated that if the school district
feels that this area needs a signal, then they should pay for a signal. She stated
20
09/05/2006
that stop signs give folks a false sense of security. She added that she didn't think
this action was going to solve the problem, but it was better than nothing.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2006-326 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
40. RES. 2006-327 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute an agreement between
the City of San Bernardino and Major League Softball, Inc. for adult
baseball and adult softball services for a three year period of September 1,
2006 through August 31,2009. (Continued from August 21,2006)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-327 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
41. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to American Asphalt South,
Inc. for completion of the Fiscal Year 2006-07 slurry seal program.
(Continued from August 21, 2006)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
42. Resolution of the City of San Bernardino adopting the Five-Year Capital
Improvement Program (2006-2010) for Measure "I" local expenditures.
City Attorney Penman stated that he believed they may have discovered a conflict
with another Council Member; therefore, he recommended this item be continued
for two weeks.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of September 18, 2006.
21
09/0512006
The motion carried 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; City Clerk Clark, Economic Development Agency
Executive Director Pacheco and Special Counsel Sabo. Absent: None. Vacant: Third
Ward.
R43. Hearing - resolution of public interest and necessity for acquisition of real
property at 1108 West 2nd Street - Belichefsky
RES. CDC/2006-39 - Resolution of the Community Development Commission
of the City of San Bernardino declaring the public interest and necessity of
acquisition of real property by the Redevelopment Agency of the City of San
Bernardino for community redevelopment purposes over the property located
at 1108 West 2nd Street, San Bernardino, California (Belichefsky - APN:
0138-301-07) in the Uptown Redevelopment Project Area.
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Economic Development Agency Executive Director, stated that
the acquisition of this particular piece of property was important to the successful
development of this proposal. She stated that they have communicated with the
property owner on numerous occasions, but because they have not been
successful in the acquisition negotiations, the resolution of necessity was before
the Council for approval.
Council Member/Commissioner McCammack stated that she would be abstaining
on this item because she owns property within 500 feet of the subject property.
She left the Council Chambers and returned after the vote was taken.
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
resolution be adopted.
22
09/05/2006
.
The motion carried and Resolution No. CDC/2006-39 was adopted 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.
44. Public Comments
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, distributed a handout
and spoke about the death of Paul Wells.
45. Adjournment
At 5:18 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, September 18, 2006, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
B~~~ J
Linda Sutherland
Deputy City Clerk
No. of Items: 45
No. of Hours: 3.7
23
09105/2006
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
CouncU Members:
Esther Estrada
Dennis J. Baxter
Vacant
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCammack
~
MINUTES
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 People of the State of California, acting by and through the
Departtnent 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
Nej!;otiatinj!; 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 Nel!;otiation: 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 & 4th District Court of Appeal
Case No. E037065;
Center for Biolol!;ical 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 Septembet 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 1-215 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
Olivia Partida
Lyn Humphrey
David Allen
Donald Day
Anthony Galvan
Mark Graham
Brian Solorio
Mathew Block
Clemente Elizalde
Candace Gonzales
Eddie Kelley
Jacqueline Soto
Department
Development Services
Information Technology
Fire
Fire
Fire
Fire
Fire
Police
Public Services
Public Services
Public Services
Public Services
4
Years of Service
5
15
15
15
25
25
20
5
25
5
25
5
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, McCarnmack. 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, McCarnmack. 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:
Members/Commissioners Estrada, Baxter, Derry, Kelley,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
Council
Johnson,
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 A venue 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 A venue 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:
Members/Commissioners Estrada, Baxter, Derry, Kelley,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
Council
Johnson,
19. Establish salaries for Police Department Ranges P-I, 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-l (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant) and Law
Enforcement Trainee be established, effective August I, 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 Conncil 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 Palm 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:
Members/Commissioners Estrada, Baxter, Derry, Kelley,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
Council
Johnson,
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.
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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(H) 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 5th Street
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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
5th 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 5th
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
McCarnmack (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 #5504-116 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 #5507-25 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 #5506-73 and left the Council Chambers
,
returning after the vote was taken.
14
09/18/2006
Council Member/Conunissioner McCanunack made a motion, seconded by
Council Member/Conunissioner Estrada, to approve the CIP project listed on
Attachment D to the resolution.
The motion carried by the following vote: Ayes: Council Members/
Conunissioners Estrada, Baxter, Derry, Kelley, McCanunack. Nays: None.
Abstentions: Council Member/Conunissioner 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/Conunissioner McCanunack made a motion, seconded by
Council Member/Conunissioner Estrada, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Conunissioners Estrada, Baxter, Derry, Kelley, McCanunack. Nays: None.
Absent: Council Member/Conunissioner 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
Conununication 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:
Members/Commissioners Estrada, Baxter, Derry, Kelley,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
Council
Johnson,
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/2006-40 - 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
I~~m__
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/2oo6-40 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 16th and Harris Streets (APN: 0144-131-21) and 17th 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 Develop,nent 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 16th and
Harris Streets (APN: 0144-131-21) and 171h 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
1-215, a California Limited Partnership and SE 1-215, 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 1-215 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 fmdings 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 1-215, a California Limited Partnership and SE 1-215,
a California Limited Partnership (collectively referred to as "Hillwood")
(Agency Property located south of the Hillwood Property and west of the 1-
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.
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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,OOO,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 50/50 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
mono palm 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 staff's 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 HV AC 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
09/1812006
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 McCarnmack 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 McCarnmack 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
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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,OOO-watt
transmitters, IO,OOO-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 Govermnent 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.
SI. 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.
RACHEL G. CLARK
City Clerk
By: .~B~
Linda E. Hartzel
Deputy City Clerk
No. of Items: 39
No. of Hours: 5
27
09/18/2006
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morn's
Council Members:
Esther Estrada
Dennis J. Baxter
Vaca1U
Neil Derry
Chas Kelley
Ri1cke Van Johnson
Wendy McCammnck
~
MINUTES
MA YOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
OCTOBER 16, 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 :37 p.m., Monday,
October 16, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry,
Johnson, McCammack; City Attorney Penman, City Clerk Clark, Assistant City
Manager Sassoon. Absent: Council Member/Commissioner Kelley. Vacant: Third
Ward.
Council Member/Commissioner Kelley Arrived
At 1:44 p.m., Council Member/Commissioner Kelley arrived at the Council/
Commission meeting.
1. Closed Session
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
RDA v. Alvarez, et al. - U.S. District Court Case No. EDCV 02-142
RT (SGLx) and San Bernardino Superior Court Case No. SCVSS 86091;
10/16/2006
. I
California Bio-Mass, A Calif. Corp., et al. v. City of San Bernardino -
San Bernardino Superior Court Case No. SCVSS 83473.
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:
Claim filed by City of Riverside/Gage Canal Company
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. Eastern Municipal Water District
D. Closed Session - personnel - pursuant to Government Code Section
54957 :
Police Military Pay Issue
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~anizations:
Police Management
Fire Management
Police & Fire Units
General Bargaining Unit
Mid-Management Unit
Management Confidential Unit
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
City Attorney Penman announced that two additional cases would be heard
under Agenda Item No. IB, Anticipated litigation - Significant exposure to
litigation.
2
10/1612006
,-
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, Community
Development Commission, and San Bernardino City Housing Authority.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Petra Malleis-Sternberg, pastor of the First
Congregational United Church of Christ, followed by the pledge of allegiance, led by
Arthur Watson, a student at Anderson School.
2. Appointments
There were no commission appointments.
3. Proclamations & Presentations
Junior and senior students from Aquinas High School presented Mayor Morris
with a check in the amount of $1,000 to help save Sturges Auditorium, which is
used by the students for many of their plays and performances.
Don Burke and Jason Reyes, representatives from State Farm Insurance,
presented Mayor Morris and Deputy Fire Chief Conrad with an $8,000 donation
to be used for the free smoke detector giveaway program.
Mayor Morris presented a proclamation designating Saturday, October 28,
2006, as Make a Difference Day in San Bernardino to Luisa Ross,
Redevelopment/Program Specialist with the Neighborhood Housing Services of
the Inland Empire.
Peggi Hazlett, Assistant to the Mayor, announced that earlier in the month,
Mayor Morris had proclaimed October as Community Planning Month in the
City of San Bernardino and recognized the outstanding efforts of the
Development Services Department.
The following individuals were presented a service pin award by Mayor Morris
in recognition of their many years of dedicated service to the City. In addition,
Battalion Chief Jess Campos received special acknowledgement for never using
even one day of sick leave during his entire 30 years of service with the Fire
Department.
Name
Jack Masters
Irene Bryson
Sheila Futch
Department
Development Services
Facilities Management
Finance
Years of Service
20
10
10
3
tOI16/2006
Jess Campos Fire 30
Darrel Cornell Fire 10
Judy Croteau Fire 10
Linda Molina Police 10
Scott Patterson Police 25
Martha Soto Police 30
Marie Woodall Police 10
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 agenda 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. Claims and 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 in the memorandum dated October 2,
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.
7. 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 October 11, 2006 in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common Council of the City
of San Bernardino, be approved and ratified.
4
10/16/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
8. RES. 2006-366 - 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 Medical Center Drive and Magnolia
Avenue.
Council Member/Commissioner Johnson advised that the four-way stop was a
prelude to a signal light which is in the design stage and will be placed at this
location in 2007.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-366 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
9. RES. 2006-361 - 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 Ohio Avenue
and Chestnut A venue 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. 1049; 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 Ohio
Avenue and Chestnut Avenue area (Tract No. 14881), to be known as
Assessment District No. 1049; and that said resolution be adopted.
The motion carried and Resolution No. 2006-361 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
5
10/16/2006
10. RES. 2006-367 - 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 6th Street and
Sterling 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. 1053; preliminarily approving the Engineer's
Report and giving notice of a public meeting and public hearing.
Council Member/Commissioner McCammack 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 6th
Street and Sterling Avenue area (Tract No. 17372), to be known as Assessment
District No. 1053; and that said resolution be adopted.
The motion carried and Resolution No. 2006-367 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
11. RES. 2006-368 - 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 Campus
Parkway and Valles Drive 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. 1054; preliminarily approving the
Engineer's Report and giving notice of a public meeting and public hearing.
Council Member/Commissioner McCammack 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
Campus Parkway and Valles Drive area (Tract No. 17699), to be known as
Assessment District No. 1054; and that said resolution be adopted.
The motion carried and Resolution No. 2006-368 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
6
10/16/2006
12. RES. 2006-362 - Resolution of the City of San Bernardino determining the
amount of property tax revenues to be exchanged between and among the
City of San Bernardino and the County of San Bernardino resulting from
the jurisdictional change described by LAFCO 3067 for the reorganization
consisting of the annexation of 6 areas of unincorporated territories
generally lying north of Pacific Street, east of Valencia Avenue, south of
Piedmont Drive and west of Victoria Avenue, to be known as City of San
Bernardino Annexation No. 361.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-362 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. 2006-363 - Resolution of the City of San Bernardino approving
Agreement for Services with Hall & Foreman, Inc. and AEI-CASC
Engineering, Inc. D.B.A. AEI-CASC Consulting for on-call plan review
services.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-363 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
14. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a Contract to Nikola Construction Corporation for
sewer improvements on Athol Street from "D" Street to Arrowhead Avenue
(SW06-04) and Goodlett Street from Pico Street to Herrington Avenue
(SW06-08), and street improvements on Goodlett Street from Western
Avenue to Mt. Vernon Avenue (SW06-08), per Plan No. 11646.
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the Council!
Commission meeting of November 6, 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
10/16/2006
15. Authorize execution of Contract Change Order No. Two to the Contract
with David T. Wasden, Inc. for sewer and street improvements on 34'h
Street - Leroy Street to Waterman Avenue (SW 04-23); 48'h Street - "F"
Street to Electric Avenue (SW 04-24); and street improvements on
Richardson Street - San Bernardino Avenue to Victoria A venue (SW 04-
34); Cooley Avenue - Tippecanoe Avenue to Gage Canal (SW 04-35); and
"E" Street - 2nd Street to 4'h Street (SW 04-06), per project Plan No. 11147.
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the Council!
Commission meeting of November 6, 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. ORD. MC-1236 - An Ordinance of the City of San Bernardino adding San
Bernardino Municipal Code Section 19.06.025 (Development Code) and
prohibiting the establishment of certain new businesses and the relocation of
said businesses in the City. FINAL READING
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, asked what would
happen if an area is redeveloped and one of these businesses is already located
within the area.
Council Member/Commissioner McCammack advised that the City would not
shut a business down unless it was already in noncompliance based on the
previous ordinance; therefore, moving them would not be an issue unless they
were in noncompliance in the first place.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Kelley, that said ordinance be adopted.
Ordinance No. MC-1236 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
8
10/16/2006
17. RES. 2006-364 - Resolution of the Mayor and Common Council exempting
the acquisition of supplies, material or equipment from the formal contract
procedures of the San Bernardino Municipal Code, and authorizing the
Purchasing Manager to award an annual purchase order, with four single
year renewal provisions, to Xerox Corporation for Print Shop Xerox
equipment, maintenance and copier supplies.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-364 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
18. Authorize the addition of two full-time parking enforcement officers in the
Facilities Management Department
Council Members/Commissioners Estrada and McCammack expressed concern
that this item had not gone through the Personnel Committee.
Council Member/Commissioner Kelley stated he had a concern relaiive to the
City seriously pursuing in the upcoming election the generation of additional
sales tax, yet often these parking enforcement officers are giving tickets in the
largest and highest sales tax areas. He stated that this could be discouraging to
those we are depending on for sales tax; particularly, if they do not return to our
city because of it.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be referred to the Personnel
Committee.
The motion carried 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 Fire Department Ranges P-l, P-2, P-3, and P-4
effective August 1, 2006
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the salaries for Fire Department Ranges P-
I (Firefighter), P-2 (Firefighter/Paramedic), P-3 (Fire Engineer), and P-4 (Fire
Investigator/Captain), be established, effective August 1, 2006; that the Human
Resources Department be directed to amend Resolution No. 6429 to reflect the
above action; and that the Director of Finance be authorized to amend the FY
9
10/1612006
2006/07 budget by increasing the Fire Department General Fund budget by
$613,700 for Charter 186 costs by appropriating $613,700 from the General
Fund budget reserves.
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. Establish salaries for Police Department Ranges P-4, P-5, P-6 and P-7
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-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Police Chief), and P-7 (Police
Chief), be established, effective August 1, 2006; that the Human Resources
Department be directed to amend Resolution No. 6429 to reflect the above
action; and that the Director of Finance be authorized to amend the FY 2006/07
budget by increasing the Police Department General Fund budget by $132,429
for Charter 186 costs by appropriating $132,429 from the General Fund budget
reserves and make appropriate adjustments to the various Police grants.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
21. RES. 2006-365 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement with the
Sinfonia Mexicana for the promotion of Arts and Culture.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-365 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, KelIey, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
22. An Ordinance of the City of San Bernardino adding Chapter 9.97 to the
San Bernardino Municipal Code regarding prohibition of sex offenders
from residing within 2000 feet of any public or private school, park or other
place where children regularly gather. FIRST READING
10
10/16/2006
Jolena Grider, Deputy City Attorney, provided an overview of the ordinance.
She noted that the ordinance not only prohibited sex offenders from residing
within 2000 feet of any public or private school, park or other place where
children regularly gather, but would also make it a misdemeanor for any
property owner to knowingly rent to a sex offender that is within 2000 feet of
any of these uses.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be referred to the
Legislative Review Committee.
The motion carried by the following vote: Ayes: Council Membersl
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
23. Public hearing - resolution ordering work - Ohio A venue and Pine Avenue
Area Landscape Maintenance Assessment District No. 1047 - Tract No.
16547
RES. 2006-369 - Resolution of the City of San Bernardino finding and
determining the existence of less than a majority protest, that ballots
representing at least fifty percent (50%) affirmative votes for the proposed
assessment have been received and that the public convenience and necessity
require the maintenance of landscaping in the Ohio A venue and Pine
Avenue area, approving the Final Engineer's Report, creating an
assessment district to cover the costs of said maintenance, known as
Assessment District No. 1047, ordering the work, confirming the 2007/2008
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.
Valerie Ross, Director of Development Services, advised that this was the final
step in the process for establishing Landscape Maintenance Assessment District
No. 1047.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the hearing be closed; and that said
resolution be adopted.
11
10/16/2006
The motion carried and Resolution No. 2006-369 was adopted by the following
vote: Ayes: Council Members/Commissioners Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
Vacant: Third Ward.
24. Public meeting - formation of a Landscape Maintenance Assessment
District in the Magnolia Avenue and Ohio Avenue area (AD 1041 - Tract
No. 15228)
Mayor/Chairman Morris opened the meeting.
Valerie Ross, Director of Development Services, advised that this was the
second step in the formation of Landscape Maintenance Assessment District
1041.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the public meeting relative to the
formation of the Magnolia A venue and Ohio A venue Area Landscape
Maintenance Assessment District (AD 1041 - Tract No. 15228) be closed, and
protests and ballots, if any, be carried over to the public hearing on November
6, 2006, at 4:00 p.m.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Baxter, Derry, Kelley, McCammack. Nays: None. Absent:
Council Members/Commissioners Estrada, Johnson. Vacant: Third Ward.
25. Public meeting - formation of a Landscape Maintenance Assessment
District in the Eucalyptus Avenue and Randall Avenue area (AD 1048 _
Tract No. 17273
Mayor/Chairman Morris opened the meeting.
Valerie Ross, Director of Development Services, advised that this was the
second step in the formation of Landscape Maintenance Assessment District No.
1048.
No public comments were received.
12
10116/2006
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the public meeting relative to the formation
of the Eucalyptus A venue and Randall A venue Area Landscape Maintenance
Assessment District (AD 1048 - Tract No. 17273) be closed, and protests and
ballots, if any, be carried over to the public hearing on November 6, 2006, at
4:00 p.m.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
26. RES. 2006-370 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and purchase
order between the City of San Bernardino and Western Pacific Signal, LLC
for signal controllers to be utilized by the Street Division. (Continued from
October 2,2006)
Council Member/Commissioner Kelley stated that it would be helpful if the
Council members knew the account balances at the time they are making their
decisions to approve expenditures. He suggested that maybe the Ways and
Means Committee could work on a method for providing this information.
Council Member/Commissioner McCammack stated that this would entail a full
time person in the Finance Department just to look up all the account numbers
and would be an accounting nightmare due to the number of purchase orders
going through the system at anyone time.
Council Member/Commissioner Johnson inquired as to how the vendor list was
created for this item, whether it was advertised on the City's website, and
whether it went through the Purchasing Division.
Assistant City Manager Sassoon advised that in this particular case staff had
contacted the manufacturer of the equipment that the City uses, and the
manufacturer provided the list of all the distributors of that equipment. She
added that for this type of equipment there are no suppliers or distributors
located within the city.
Ms. Sassoon stated that all City bid information is posted on the City's website.
In addition, if the City is contacted by any vendors who want to be placed on a
bid list, those names are kept and they are notified as the bids come up. Also,
this purchase was managed by the department and not by the Purchasing
Division. She explained that the City has sort of a "hybrid" purchasing
system-a somewhat de-centralized purchasing system-and a number of
purchases are handled directly by departments.
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Council Member/Conunissioner Derry made a motion, seconded by Council
Member/Conunissioner McCanunack, that said resolution be adopted.
Resolution No. 2006-370 was adopted by the following vote: Ayes: Council
Members/Conunissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCanunack. Nays: None. Absent: None. Vacant: Third Ward.
27. RES. 2006-371 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving an agreement and authorizing an increase to
Purchase Order No. 908694 to Matich Corporation for asphalt paving
services. (Continued from October 2, 2006)
Senior Assistant City Attorney Calkins advised that the City Attorney's office
had declared a conflict on this item because the Matich Corporation has made
donations to Mr. Penman's city attorney campaign. He stated that Special
Counsel Sabo had reviewed the documents at no charge to the City.
Council Member/Conunissioner Derry made a motion, seconded by Council
Member/Conunissioner McCanunack, that said resolution be adopted.
Resolution No. 2006-371 was adopted by the following vote: Ayes: Council
Members/Conunissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCanunack. Nays: None. Absent: None. Vacant: Third Ward.
28. RES. 2006-372 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement with Zumar
Industries, Inc. for the purchase of traffic signs for repair, removal and
replacement of damaged signs, faded signs, vandalized signs, and new
installation of signs located throughout the City of San Bernardino.
(Continued from October 2, 2006)
Council Member/Conunissioner Derry made a motion, seconded by Council
Member/Conunissioner McCanunack, that said resolution be adopted.
Resolution No. 2006-372 was adopted by the following vote: Ayes: Council
Members/Conunissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCanunack. Nays: None. Absent: None. Vacant: Third Ward.
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10/16/2006
,----
COMMUNITY DEVELOPMENT COMMISSION
Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Derry, Kelley, Johnson, McCammack; Senior Assistant City Attorney Calkins,
City Clerk Clark, Economic Development Agency Executive Director Pacheco and
Special Counsel Sabo. Absent: None.
R29. 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. (Continued from September 18, 2006)
Mayor/Chairman Morris advised that staff had requested that this item be
continued to the November 6 meeting.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of November 6, 2006.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner Baxter. Vacant: Third
Ward.
R30. 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. (Continued from October 2, 2006)
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 16th and Harris Streets (APN: 0144-131-21) and 171h 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. (R30A)
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10/1 6/2006
Resolution of the Community Development Commission of the City of San
Bernardino approving the Disposition of certain property located on 16'h
and Harris Streets (APN: 0144-131-21) and 17'h aud "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. (R30B)
Mayor/Chairman Morris indicated that a speaker slip had been submitted by
Pastor Hodari of Inland Empire Concerned African American Churches;
however, Pastor Hodari had left the Council Chambers after speaking with
Agency Executive Director Pacheco about his concerns.
Mayor/Chairman Morris advised that staff had requested that this matter be
tabled.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
R31. Hearing - Resolution of public interest and necessity for acquisition of real
property - 673 West Sth Street - San Bernardino School Property/Garcia
RES. CDC/2006-44 - Resolution of the Community Development
Commission of the City of San Bernardino declaring the public interest and
necessity of acquisition of real property by the Redevelopment Agency of
the City of San Bernardino for community redevelopment purposes over the
property located at 673 West S'h Street, San Bernardino, California (San
Bernardino School Property/Garcia - APN: 0134-101-02 and 03) in the
Central City North Redevelopment Project Area.
Mayor/Chairman Morris opened the hearing.
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10/16/2006
Agency Executive Director Pacheco stated that staff had provided a very
comprehensive staff report relative to the issues, and it was staff's
recommendation that the hearing be conducted and that the Council/Commission
move forward with the resolution of necessity. She advised that there was no
relation between the owner of the property and the San Bernardino Unified
School District.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolution be adopted.
The motion carried and
following vote: Ayes:
Derry, Kelley, Johnson.
Absent: None. Vacant:
Resolution No. CDC/2006-44 was adopted by the
Council Members/Commissioners Estrada, Baxter,
Nays: Council Member/Commissioner McCammack.
Third Ward.
R32. Hearing - Resolution of public interest and necessity for acquisition of real
property - 795 West 5th Street - Tien Lee International Limited
Corporation, Fu San Limited, Inc., Ha-Ram, Inc., and Jagdish Patel
RES. CDC/2006-45 - Resolution of the Community Development
Commission of the City of San Bernardino declaring the public interest and
necessity of acquisition of real property by the Redevelopment Agency of
the City of San Bernardino for community redevelopment purposes over the
property located at 795 West 5'h Street, San Bernardino, California (Tien
Lee International Limited Corporation, Fu San Limited, Inc., Ha-Ram,
Inc., and Jagdish Patel - APN: 0134-093-41) in the Central City North
Redevelopment Project Area.
Mayor/Chairman Morris opened the hearing.
Agency Executive Director Pacheco indicated that she had nothing to add to the
staff report that had been included in the backup materials.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
Bruce Ko, 795 West 5'" Street, San Bernardino, CA, stated that he represents
Fu San Limited, which operates the Paradise Motel at 795 West 5'" Street. He
stated that they are currently the long-term lease tenants of the subject property
and have run the Paradise Motel, which is located on the property, for many
many years. He stated that they would like to work with the Agency on this
17
10/16/2006
matter; in fact, in 2005 they filed a Statement of Interest to Participate, and they
hoped that they would be given this opportunity. He suggested that this
property be excluded from eminent domain.
WiUiam J. Ward, 685 East Carnegie Drive, San Bernardino, CA, stated that he
was representing Tien Lee International Limited, property owner of the subject
site. He stated that they do have a long-term lease with Mr. Ko. Also, it was
his understanding that his client had turned in her consent to working with the
City.
Mr. Ward stated that he wanted to speak on two points. First, it was his
understanding that the City had entertained some kind of Owner Participation
Agreement (OPA) with other properties, and his client was interested in that
also. He stated that basically, Tien Lee International has made an investment in
this land and is leasing it to Mr. Ko and would like to continue to do that for a
new use consistent with the City's planning goals.
Second, he advised that there was an ongoing civil action that involved the
property-that an outfit called Ha-Ram had filed a specific performance case
and his office was defending that. He stated that they had filed a motion for
summary judgment on behalf of Tien'Lee that is set for December 12 in San
Bernardino Superior Court.
He stated that he wanted to alert the Council to the fact that this makes
negotiations difficult and raises some interesting procedural questions if the
matter was to proceed to some kind of eminent domain complaint because of the
outstanding civil case involving title.
Mayor/Chairman Morris stated that the dilemma for the City/Agency is that we
don't know who is on first here. We have an owner, a lessee, and this group
called Ha-Ram that claims some interest in the property. He pointed out that
this declaration of necessity by the Council does not foreclose any ongoing
discussions with Mr. Ward and his client and Mr. Ko about the partnership for
space and arrangement with the City--it just gets the City/ Agency off of ground
zero.
Mr. Ward stated that he understood that, and their position would be that they
want the Council and staff to know that they are interested in working with the
Agency and having an ongoing dialogue with the City with the idea that they
would be able to retain some type of ground lease interest in the property.
No other comments were received.
18
10/16/2006
Council Member/Commissioner McCammack stated that it did not appear to her
that what Mr. Ward was hoping the City would do was provided for in the
document before the Council today. She stated she had reservations with
approving the form motion, if in fact there are some legal issues as to who
really owns the property-that she would hate to pay one person for the
property, only to find out that the property really belongs to someone else.
Mayor/Chairman Morris stated that the City/Agency would enjoin them all, and
that is part of the reason for the action-that we are concerned about ownership
and lease rights and this would frame it before a jurist, if need be, to declare all
the respective rights of those engaged.
Special Counsel Sabo stated that the Mayor was absolutely right, and once staff
heard about all the competing interests here, they did name and intended to file
against all of the people who claim an interest in this property.
Secondly, with regards to negotiations, he reminded the Council/Commission
that a couple of months ago they approved a similar resolution of necessity for
the Ko property on the northeast corner of 5th and G Streets. Since then they
have had negotiations and have a final Owner's Participation Agreement (OPA)
with the Ko' s on that property, subject only to a final determination of what the
value is.
He pointed out that this is an example where the Council/Commission
authorized the resolution of necessity and still continued negotiations, and they
would be doing the same thing here. He added that staff is willing to sit down
and work with anyone who wants to talk to staff and work out an OPA.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolution be adopted.
The motion carried and
following vote: Ayes:
Derry, Kelley, Johnson.
Absent: None. Vacant:
Resolution No. CDC/2006-45 was adopted by the
Council Members/Commissioners Estrada, Baxter,
Nays: Council Member/Commissioner McCammack.
Third Ward.
R33. Hearing - Resolution of public interest and necessity for acquisition of real
property at the northwest corner of Rialto Avenue and Allen Street (Bonnie
Johnson - APN: 0135-292-39)
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10/16/2006
Resolution of the San Bernardino City Housing Authority declaring the
public interest and necessity of acquisition of real property by the San
Bernardino City Housing Authority over the property located at the
northwest corner of Rialto Avenue and Allen Street, San Bernardino,
California (Bonnie Johnson - APN: 0135-292-39) in the Inland Valley
Development Agency (IVDA) Redevelopment Project Area Meadowbrook
Neighborhood Restoration Area.
Note: No backup materials were distributed.
Council Member/Commissioner Johnson stated that he would abstain on this
item because the property is owned by his aunt, who is also his employer. He
left the Council Chambers and returned after the vote was taken.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be tabled.
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.
R34. Public hearing - Disposition and Development Agreement (DDA) for
development of a shopping center - La Placita on 2nd Street, - Uptown
Redevelopment Project Area
Resolution of the Mayor and Common Council of the City of San
Bernardino consenting to the sale of certain 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 La
Placita at 2nd Street, a California Limited Liability Corporation
("Developer") and accepting the Community Development Commission's
certain environmental findings related to the development of the proposed
project. (R34A)
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 Disposition and Development Agreement ("DDA") by and
between the Agency and La Placita at 2nd Street, a California Limited
Liability Corporation ("Developer") and making certain environmental
findings thereto related to the development of the project. (R34B)
20
10/16/2006
Note: No backup materials were distributed.
Council Member/Commissioner McCammack stated that she would abstain on
this item because she owns property in the Uptown Redevelopment Project
Area. She left the Council Chambers and returned after the vote was taken.
Mayor/Chairman Morris opened the hearing.
It was noted that staff was asking for a continuance of this matter to the next
meeting.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council!
Commission meeting of November 6, 2006.
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.
PLANNING
35. Public hearing - Appeal of Planning Commission revocation of a permit to
operate a small container recycling facility at 1620 W. Baseline Street in the
CG-l, Commercial General land use district (Development Permit Type 1
No. 06-054 - Appeal No. 06-13)
Mayor/Chairman Morris opened the hearing.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated he was very
supportive of recycling, however, one of the problems is that a lot of poor
people participate in this activity. He stated that the reasons stated for revoking
the permit were loitering, accumulation of debris, and abandoned shopping
carts. He noted that when poor people congregate it is called loitering, and in
his opinion there were no grounds to fairly shut down this business.
It was noted that staff was requesting a continuance of this item.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be continued to the
Council/Commission meeting of November 6,2006, at 4:30 p.m.
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10/16/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
36. An Ordinance of the City of San Bernardino adding Chapter 15.26 to the
San Bernardino Municipal Code relating to posting of information on all
multifamily rental units. FIRST READING
Deputy City Attorney Jolena Grider stated that pursuant to the Mayor's request,
the City Attorney's office had researched and drafted this ordinance that will
require owners of multifamily rental units to post the properties not only with
their name and phone number, but the name and phone number of someone who
is available 24 hours per day, seven days a week. Then, if there is a problem,
not only will the tenants know how to get in touch with someone, but the City
and other people in the neighborhood will also know how to get in touch with
someone.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be referred to the
Legislative Review Committee.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
37. Public Comments
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, provided the Mayor
and Council with copies of a chapter from his book regarding corruption inside
the war on drugs.
NBl. Consider action to become sponsor of Congressman Jerry Lewis Endowed
Scholarship in Water Resource Studies - California State University, San
Bernardino
Council Member/Commissioner Baxter brought forward a letter dated October
4, 2006, from Albert K. Karnig, President, California State University, San
Bernardino, regarding a sponsorship for the Congressman Jerry Lewis Endowed
Scholarship in Water Resource Studies, and requested that the Council take
action on this matter during the Council meeting.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the need to take action on this matter arose
subsequent to the posting of the agenda.
22
10/16/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
Senior Assistant City Attorney Calkins advised that since the letter was dated
October 4, 2006, and was received in the Council Office on October 6, 2006, it
did not pass the legal test of being a matter that arose subsequent to the posting
of the agenda.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Derry, Kelley, McCammack. Nays: Council
Members/Commissioners Baxter, Johnson. Absent: None. Vacant: Third
Ward.
Council Member/Commissioner McCammack asked for a legal opinion as to
whether this item was actually something that should come before the Council
for consideration.
NB2. Determination of a local emergency - damage caused by intense rains
RES. 2006-373 - Resolution of the Mayor and Common Council of the City
of San Bernardino proclaiming the existence of a local emergency and the
issuance of a proclamation declaring the existence of a local emergency.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the need to take action on this
matter arose subsequent to the posting of the agenda.
Mayor Morris explained that this was an emergency matter involving a
resolution of the Mayor and Common Council to proclaim the existence of a
local emergency and the issuance of a proclamation declaring the existence of
that local emergency.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that full reading of the resolution be waived;
and that said resolution be adopted.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
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10/16/2006
38. Adjournment
At 5:39 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, November 6, 2006, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
By:
RACHEL G. CLARK
. /) . City Clerk
~ c? #4
Linda E. Hartzel .
Deputy City Clerk
No. of Items: 40
No. of Hours: 4
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10/16/2006