Loading...
HomeMy WebLinkAbout08-07/08-2006 MinutesSall CITY OF SAN BERNARDINO 300N. "D " Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Vacant Neil Derry Chas Kelley Rikke Van Johnson Wendy McCamnack 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 al. - United States District Court Case No. EDCV 00473 -VAP (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: 1 08/07/2006 and 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 Mid -Management 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 5' Street APN: 0134-054-07, 08 and 09 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Major Fritz on behalf of the Salvation Army, property owner/seller Under Negotiation: Purchase price, terms and conditions 2 08/07/2006 and 08/08/2006 2. Property Address: 770 West 5' 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 3rd 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: 1108 West 2' 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. 3 08/07/2006 and 08/08/2006 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 Monis, 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. 4 08/07/2006 and 08/08/2006 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 McCammack 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, McCammack. 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, McCammack. 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, McCammack. Nays: None. Absent: Council Member/Commissioner Kelley. Vacant: Third Ward. 5 08/07/2006 and 08/08/2006 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 I-215 Freeway and setting a public hearing to consider said sale. 6 08/07/2006 and 08/08/2006 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 13'h Street and a portion of 13' Street westerly of "I" Street Council Member/Commissioner McCammack 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 13' Street and a portion of 13' Street westerly of "I" Street; and that Plan No. 11813 showing the proposed vacation of a portion of "I" Street, northerly of 13' Street and a portion of 13' 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 5' 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 5' Street and Mt. Vernon Avenue. 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. 7 08/07/2006 and 08/08/2006 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 5`" 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 Avenue to 5" Street, and that a public hearing to consider the matter be set for August 21, 2006, at 4:00 p.m. 8 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. 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 Penman 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 Tem. 9 08/07/2006 and 08/08/2006 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. 10 08/07/2006 and 08/08/2006 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 Penman 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 Penman; 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. 11 08/07/2006 and 08/08/2006 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 CIP 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 CIP 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 CIP 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 CIP 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 CIP 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 CIP 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. 12 08/07/2006 and 08/08/2006 COMMUNITY DEVELOPMENT COMMISSION Staff Present Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Economic Development Agency Executive Director Pacheco and Special Counsel Sabo. Absent: Council Member/Commissioner 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 comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that the Mayor and Common Council of the City of San Bernardino approve and authorize $35,000 of Unappropriated/Program Income Community Development Block Grant Funds (CDBG) to the "at -risk" Summer 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/ Commissioners Estrada, Baxter, Derry, McCammack. Nays: None. Absent: Council Members/Commissioners 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/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. CDC/2006-33 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. 13 08/07/2006 and 08/08/2006 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. 24' 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. 14 08/07/2006 and 08/08/2006 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, 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 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 of this 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 15 -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 15 -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 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. S6. 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 S1, S2, S3, S4, S4A and S6. Reconvene - August 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 Pacificare/United 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 Continents 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(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 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 08/08/2006 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. No. of Items: 38 No. of Hours: 4.5 RACHEL G. CLARK City Clerk r B Linda Sutherland Deputy City Clerk 25 08/07/2006 and 08/08/2006