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HomeMy WebLinkAbout04-05-2004 MinutesMINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING APRIL 5, 2004 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council, Community Development Commission, and the San Bernardino City Housing Authority of the City of San Bernardino was called to order by Mayor/Chairman Valles at 1:36 p.m., Monday, April 5, 2004, 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 Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Acting City Administrator Baude. Absent: None. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Alice Thomas & Allean Wilson v. City of San Bernardino, et at. - San Bernardino Superior Court Case No. SCVSS 098359; Sylvia Marie Ysais v. City of San Bernardino, et al. - Riverside Superior Court Case No. RIV 385024; Maribel Arechiga-Tovar, et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 01-0463RT (SGLx). 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: Neighbors of San Manuel Tribe v. City; NAACP v. City; MALDEF v. City 1 04/05/2004 C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City v. San Manuel Band of Serrano Mission Indians; City v. Otis J. McIntyre - Proposed Group Home at 750 Arrowhead Road, San Bernardino 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: 1. Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino City Professional Fire Fighters' Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property: APN 0266-362-12 5055 Hallmark Parkway Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Stan Robbins and Jim Robbins, property owners Under Negotiation: Purchase price, terms and conditions 2. Property Address: 2072 N. Newcomb Street and 2095 N. Newcomb Street APN 1191-021-18 and APN 1191-021-22 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Thomas E. and Crystal L. Williams, property owners Under Negotiation: Purchase price, terms and conditions 3. Property: 514 N. Mt. Vernon Avenue APN 0138-115-06 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Dan Virgilio, property owner Under Negotiation: Purchase price, terms and conditions 2 04/05/2004 4. Property: Negotiating Parties Under Negotiation: 5. Property: Negotiating Parties: Under Negotiation: 6. Property: Negotiating Parties: Under Negotiation: 7. Property: Negotiating Parties: Under Negotiation: 8. Property: Negotiating Parties: Under Negotiation: 9. Property: Negotiating Parties: 540 N. Mt. Vernon Avenue APN 0138-115-04 APN 0138-115-05 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Frank Ruiz, Jr., Sandra Annette Alvarado and Adrienne A. Loa, property owners Purchase price, terms and conditions APN 0138-114-09 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Kathy T. Pham, property owner Purchase price, terms and conditions APN 0138-114-10 522 N. Mt. Vernon Avenue Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Hak Yool Kim and Chang Mo Yang, property owners Purchase price, terms and conditions APN 0138-115-02 1307 Spruce Street Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Manuel Arriola and Hilaria Arriola, property owners Purchase price, terms and conditions APN 0138-114-11 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Salvador Perez Llamas and Francisca Torres Guerrero, property owners Purchase price, terms and conditions APN 0138-115-07 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Michael Patrick Allen and Brenda Lue Allen, property owners Under Negotiation: Purchase price, terms and conditions 3 04/05/2004 SAN BERNARDINO CITY HOUSING AUTHORITY 10. Property Address: 138 E. Rialto Avenue and 144 E. Rialto Avenue APN 0135-292-27 and 0135-292-28 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the San Bernardino City Housing Authority and Adrian Ramirez and Helen Ramirez, property owners Under Negotiation: Purchase price, terms and conditions 11. Property Address: 123 N. Sierra Way APN 0135-292-35 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the San Bernardino City Housing Authority and Carlos Dorticos, property owner Under Negotiation: Purchase price, terms and conditions 12. Property Address: 155 E. 2n0 Street APN 0135-291-10 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the San Bernardino City Housing Authority and Louis Salas, property owner Under Negotiation: Purchase price, terms and conditions 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, Community Development Commission, and San Bernardino City Housing Authority. Invocation/Pledge of Allegiance The invocation was given by Dr. David Tinoco of St. Paul's United Methodist Church, followed by the pledge of allegiance, led by a member of the California State University San Bernardino Coyote Women's Volleyball Team. 2. Appointments A. Appointments/Re-appointment - Council Member Johnson Robert Hampton - Bureau of Franchises Cheryl Brown - Planning Commission James T. Hall - Animal Control Commission B. Appointment - Council Member McGinnis Elva Olga Flores - Animal Control Commission 4 04/05/2004 0 2 Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that the appointments/re-appointment of Robert Hampton, Cheryl Brown, James T. Hall, and Elva Olga Flores, as requested by Council Members Johnson and McGinnis, be approved. The motion carried by the following vote: Estrada, Longville, McGinnis, Derry, None. Absent: None. Presentations & Proclamations Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: Council Member/Commissioner McGinnis thanked Ralph Botello for his 14 years of dedicated service on the Animal Control Commission. Resolutions commending the California State University San Bernardino Coyotes Women's Volleyball Team and Men's Basketball Team for their outstanding athletic accomplishments and championship season were accepted by Coach Kim Cherniss and Coach Jeff Oliver. A proclamation designating the week of April 12-18, 2004, as "National Community Development Week" was accepted by Nick Gonzalez. A Certificate of Recognition was presented to Councilwoman Wendy McCammack, recipient of the League of Women Voters Citizen of the Year Award. In addition, Mrs. McCammack was recognized as Citizen of the Year by the Elk's Club. 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 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, Community Development Commission, and San Bernardino City Housing Authority, be waived. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCatnmack. Nays: None. Absent: None. 5 04/05/2004 C'l 7 a Council Minutes Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: March 1, 2004; and March 15, 2004. The motion carried by the following vote Estrada, Longville, McGinnis, Derry, None. Absent: None. Claims & Payroll Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: 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 on the memorandum dated March 29, 2004, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote Estrada, Longville, McGinnis, Derry, None. Absent: None. Personnel Actions Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the personnel actions as submitted by the Chief Examiner dated March 31, 2004 (revised 4/5/04) 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 Estrada, Longville, McGinnis, Derry, None. Absent: None. Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: 9. RES. 2004-86 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Brunick, Battersby, McElhaney & Beckett and the City of San Bernardino to represent the City of San Bernardino and Francesca Ziegler in the case of Alice Thomas, et al. v. City of San Bernardino, and Francesca Ziegler, San Bernardino Superior Court Case Number. SCVSS 098359. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. 6 04/05/2004 Resolution No. 2004-86 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2004-87 - Resolution of the City of San Bernardino approving a services agreement with Transtech Engineers, Inc. to provide traffic engineering services for the design of new signals, modified signals and signal interconnect systems (Federal Aid Projects). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2004-87 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. RES. 2004-88 - Resolution of the City of San Bernardino declaring its intention to order the vacation of a portion of the alley between Acacia Avenue and "E" Street, south of 13" Street; the alley between "F" Street and Acacia Avenue, between 13" Street and Base Line Street; 7" Street, between "F" Street and "G" Street; and a portion of Berkeley Street, between rh Street and 8' Street (Plan No. 10910A and 10910B). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2004-88 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. Authorization to proceed - proposed vacation of portions of that certain east - west alley between Arrowhead Avenue and Mountain View Avenue, south of 18" Street - approve Plan No. 11020 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 portions of that certain east/west alley between Arrowhead Avenue and Mountain View Avenue, south of 18' Street; and that Plan No. 11020 be approved. The motion carried by the following vote Estrada, Longville, McGinnis, Derry, None. Absent: None. Ayes: Council Members/Commissioners Kelle} , Johnson, McCammack. Nays: 7 04/05/2004 13. Authorization to proceed - General Plan Amendment for City property located at the southwest corner of Waterman Avenue and 4`h Street (APN 0135-191-11) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Development Services be authorized to initiate proceedings for a General Plan Amendment as part of the update of the Land Use Element, from CG-1 (Commercial General) to Residential (RS) relative to City property located at the southwest corner of Waterman Avenue and 4`h Street (APN 0135-191-11) to be included in the City-wide General Plan Update. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. RES. 2004-89 - Resolution authorizing execution of an agreement for services and issuance of a purchase order to JAS Pacific Inc. to perform Inspector of Record and Special Deputy Inspection Services for the Verdemont Fire Station #232 Project per RFP F-04-035. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2004-89 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2004-90 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the extension of the agreement with Office Depot for City-wide office supply purchases for an additional one-year period. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2004-90 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. ORD. MC-1171 - Ordinance amending Section 12.80.130 of the San Bernardino Municipal Code by adding Paragraph "T" thereto requiring any person skateboarding or inline skating at a City -owned skateboard park to wear a helmet, elbow pads, and knee pads. FINAL READING (Continued from March 15,2004) 8 04/05/2004 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be adopted. Ordinance No. MC-1171 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. Resolution of the City of San Bernardino authorizing the Mayor of San Bernardino to execute a services agreement with the San Bernardino City Unified School District for the operation of the school crossing guards program by the Police Department. Note: The resolution was not included in the backup material. City Attorney Penman abstained on this matter due to the fact that his wife is a member of the School Board. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the Council/Commission meeting of April 19, 2004. The motion carried by the following vote: Estrada, Longville, McGinnis, Derry, None. Absent: None. Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: 18. RES. 2004-91 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City to enter into a Memorandum of Understanding with the Energy Coalition to provide funding for the implementation of energy efficiency programs and services to under -served areas and populations of the City. Council Member/Commissioner Derry abstained on this matter because he is employed by Southern California Edison, which is part of this program. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2004-91 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/Commissioner Derry. Absent: None. 9 04/05/2004 19. Discuss and take possible action — implementation of a multi -family rental housing fire inspection program Lori Sassoon, Assistant to the City Administrator, provided highlights of the staff report. She stated that there is quite a bit of diversity among programs and communities throughout Southern California. Ms. Sassoon indicated that Azusa, Pasadena, Santa Ana, San Jose, and Santa Clara have similar programs, but there is not a common thread in terms of approach. Council Member/Commissioner Kelley stated that the Legislative Review Committee discussed how this program would affect property owners and tenants. He stated that there is no inspection process currently in place that will cover all units, and he commended staff for the creative way in which they came up with an idea to resolve this issue without affecting the General Fund. Council Member/Commissioner McCammack stated that she did not want to add $40 per unit per year to the rental costs of the senior population, and asked if there was a way to exempt those units that have at least passed a preliminary inspection. Council Member/Commissioner McGinnis asked about the City's liability in performing these inspections, whether there would be an implied warranty of fire safety, and whether a fire inspection performed by the City could be used in the sale of the units. City Attorney Penman stated that California Law provides immunity to cities when performing inspections of this nature or giving any type of certificate. He stated that he didn't know if the City's inspection could be used in the sale of the units, but added that it would probably depend on the requirements of the lender. Mayor/Chairman Valles stated that one thing the City of San Bernardino has in common with other cities is that it is an older city with several buildings that are over 50 years old that have not been properly inspected. She indicated that in light of the recent fires, part of the problem is that there needs to be a great deal of education in fire prevention measures. Dimitri Vassilakos, 2386 Denair Avenue, Highland, CA, submitted correspondence and spoke in opposition to the proposed program, stating that it was discriminatory and unfair because it would be imposed on City apartment tenants only. He stated that they already have annual health and safety inspections and that 90 percent of the calls to the Police come from less than 10 percent of the apartments. 10 04/05/2004 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that the Mayor and Common Council discuss this program concept and direct staff to prepare a more detailed plan for the program, including the required ordinance and resolution for consideration by the Legislative Review Committee. (The vote was taken following further discussion.) Ms. Sassoon stated that based on County data, the City has approximately 1,500 buildings containing four (4) or more units and that each complex could have multiple buildings. She stated that the City has 549 fourplexes and 55 complexes of 41 units or more. Council Member/Commissioner McCammack asked if the issue of service calls to the Police Department could be considered as it might far outweigh the amount of money this program would generate on a unit b% unit basis. Council Members/Commissioners Longville and McCammack had reservations about the motion because it implied that they support the program in concept. Fire Chief Larry Pitzer stated that the current inspection program rests solely in the hands of engine company personnel who respond to emergencies every day, and it is very difficult for them to make time for a comprehensive inspection. He stated that it is an issue of there being an inadequate number of people to accomplish a comprehensive apartment inspection program, and the idea was to have a fundamental initial discussion, receive input, and come back at a future time if the Council wished to move forward. Ms. Sassoon stated that staff would explore some of the alternatives that had been brought up by the Council and would try to get a better sense of how some of the more successful programs operate in other communities before returning to the Legislative Review Committee. The motion carried by the following vote: Estrada, Longville, McGinnis, Derry, None. Absent: None. Ayes: Council Members/Commissioners Kelle} , Johnson, McCammack. Nays: 20. Request for funding — 4" of July Parade and Celebration at Arrowhead Credit Union Park Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that funding in the amount of $47,200 from the Civic and Promotions Fund for the 2004, 4' of July Parade and celebration be approved. 11 04/05/2004 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2004-93 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of a grant application to the Department of Homeland Security Federal Emergency Management Agency. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-93 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2004-94 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to apply for and administer a program continuation grant from the Corporation for National and Community Service in the amount of $295,983 to continue the administration and operation of the Senior Companion Program for the period July 1, 2004 through June 30, 2005. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-94 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. Public hearing - accept oral bids and award of bid - sale of City property located at the northwest corner of Little League Drive and the I-215 frontage road (Continued from March 15, 2004) The hearing remained open. James Funk, Director of Development Services, stated that two bids were received: one in all cash for $95,000; and one for $151,000 with $30,200 down with the balance paid over a ten-year period with the loan at 8 percent. He stated that since the opening of the public hearing, the Executive Director of the Economic Development Agency informed the City Administrator that they were currently working on an Exclusive Right to Negotiate to develop and master plan the 90 acres known as the Bice Property that is northwesterly of this site, but not immediately abutting it. 12 04/05/2004 Mr. Funk stated that the Executive Director and the City Administrator believe it may be beneficial for the overall development of the two sites to put these parcels under the ownership and control of EDA, and they would be willing to purchase the land from the City for $95,000. Since the City owned the land, it may be transferred to another public agency without the need for competitive bidding and the Mayor and Common Council may reject all bids and approve the sale of this site to the Agency for an amount equal to or greater than the appraised fair market value. Council Member/Commissioner Longville stated that it made good sense for the Agency to hold the property, knowing that there were some master planning opportunities, but she stated that she would onl} approve it with the caveat that they immediately dispose of it when the master planning concept moves forward. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Kelley, that the hearing accepting oral bids be closed; that all bids be rejected; and that staff be authorized to proceed with the sale of the five - acre City -owned parcel to the Economic Development Agency for the amount of $95,000. (The vote was taken following further discussion.) Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Jagdish Sodhi, asked the City to consider his oral bid in the amount of $104,500 cash. George Meridian, Century Crowell Communities, asked the City to consider his oral bid in the amount of $114,950 cash. Council Member/Commissioner Kelley stated that this was a key piece of property and he stressed the fact that the City has an opportunity to develop a specific master plan for the Verdemont area. The motion carried by the following vote: Estrada, Longville, McGinnis, Derry, None. Absent: None. Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: 24, Public hearing - proposed vacation of a portion of that certain east/west alley south of Base Line Street, between Lugo Avenue and Sepulveda Avenue (Continued from March 15, 2004) RES. 2004-92 - Resolution of the City of San Bernardino ordering the vacation of a portion of that certain east/west alley south of Base Line Street, between Lugo Avenue and Sepulveda Avenue (Plan No. 10894) and reserving an easement for Southern California Edison for existing facilities and for certain public utilities therein. 13 04/05/2004 The hearing remained open. Council Member/Commissioner Derry abstained on this matter because he is employed by Southern California Edison. He left the Council Chambers and returned after the vote was taken. James Funk, Director of Development Services, provided highlights of the staff report. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; that the Findings of Fact, as set forth in the staff report dated March 16, 2004, from the Director of Development Services, as to why a portion of that certain east/west alley south of Base Line Street, between Lugo Avenue and Sepulveda Avenue, is no longer necessary for public street purposes, be adopted: and that said resolution be adopted. The motion carried and Resolution No. 2004-92 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/Commissioner Derry. Absent: None. 25. RES. 2004-95 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an agreement with Watson & Associates for grading of Campus Parkway between Kendall Drive and Northpark Boulevard. (Continued from March 1, 2004) Note: The resolution was not included in the backup material. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-95 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. Approve form of Mitigation Agreement with prospective developers in the Verdemont Fire Station Service Area - execution of final form of Mitigation Agreement with participating developers (Continued from March 15, 2004) Note: No backup material was distributed. Mayor/Chairman Valles stated that staff had requested that this item be tabled. 14 04/05/2004 Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Estrada, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. City Attorney's Revised City Charter City Attorney Penman distributed draft copies of the revised City Charter and provided a brief overview of the proposed revisions. He stated that he was not requesting any action be taken at this time and indicated that it would not be brought back to the Council until May or June at the earliest. Mr. Penman stated that at that time the Council would decide whether they want to put it on the ballot for November. Mr. Penman welcomed any verbal and/or written comments from the Council and invited the public to submit their thoughts and ideas. Mayor/Chairman Valles recommended that the Council study the proposed document and contact the City Attorney individually if they have any questions. She stated that the City Administrator has been acting as a City Manager under the current Mayor and under other mayors, and this document would empower and legitimize the City Manager and his responsibilities. Mayor Valles stated that this document would not diminish a strong mayor form of government. She added that mayors don't usually like to see themselves as merely ceremonial, and she gave her assurances that that would not happen with the recommendations as presented. She stated that the mayor would still be the Chief Executive Officer with responsibilities for the general supervision of all. Mayor Valles stated that the day-to-day operations were currently entrusted to the City Administrator, and under the new Charter, would be entrusted to a City Manager. Council Member/Commissioner Longville stated that currently the City Administrator does not have the ability to make decisions that are not reversible by the mayor, as being proposed by the City Attorney. Mayor/Chairman Valles stated that when you have a City Manager type of government it is important that the Council understands its role as a policy making body and develop the parameters under which a City Manager must operate. She suggested that they have a workshop on policy governance in order to understand those parameters. Council Member/Commissioner Estrada stated that she wants to make sure the people understand what the strong Mayor form of government is and how that will compare with what was being proposed. 15 04/05/2004 Mayor/Chairman Valles stated that it might be useful to develop a grid on each of the points as to what currently exists in the Charter and the changes that are being proposed. The following individuals spoke in opposition to the proposed City Charter: Paul Sanborn, 3559 Genevieve, San Bernardino, CA; Timothy Prince, San Bernardino, CA; Walter Hawkins, resident of the City of Rialto. CA. City Attorney Penman responded to comments made by Tim Prince. No action was taken on this matter. 28. Review and take action regarding the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire pursuant to Government Code Section 8630 (c)(1) Note: No backup material was distributed. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the Mayor and Common Council confirm the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff Present Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel. Absent: None. 16 04/05/2004 R29. Consider request from "Totally Kids" for a $1.5 million loan guarantee for expansion of its pediatric subacute facility Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McGinnis, that upon receipt of County Economic and Community Development (ECD) loan documents and a formal request for a $1.5 million loan guarantee for the Totally Kids, Inc., project, appropriate staff be directed to prepare the requisite guarantee document(s) for subsequent consideration and approval by the Mayor and Common Council. The motion carried by the following vote: Estrada, Longville, McGinnis, Derry, None. Absent: None. Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: R30. RES. CDC/2004-8 - A Resolution of the Community Development Commission of the City of San Bernardino authorizing and approving the Executive Director of the Agency to execute a one (1) year agreement by and between Neighborhood Housing Services of the Inland Empire, Inc. (NHS) and the Redevelopment Agency ("Agency") for administration of the Agency's Single Family Home Improvement Loan and Beautification Grant Programs. Council Member/Commissioner McCammack abstained on this item because Neighborhood Housing Services had recently purchased items from her business. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. CDC/2004-8 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. R31. RES. 2004-96 - A Resolution of the Mayor and Common Council of the City of San Bernardino acknowledging the results of an election of Project Area Committee Members and finding that all applicable procedures were followed in the election of the Project Area Committee for the Central City North Redevelopment Project. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-96 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 17 04/05/2004 R32. Proposed HUD Section 108 Loan Guarantee Application Council Member/Commissioner McCammack abstained 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. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council of the City of San Bernardino direct staff to prepare a revised Section 108 Loan Guarantee Application ("Application") to facilitate two Redevelopment Agency Projects referred to as (A) Mercado Santa Fe (Subarea B, of Uptown Redevelopment Project Area) and (B) Arden -Guthrie Retail/Entertainment Shopping Center (IVDA Redevelopment Project Area) and to transmit said Application for Mayor and Common Council consideration on April 19, 2004. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. 33. Public Comments Carl Winter, 3189 Cactus Circle, Highland, CA, stated that the new casino being built north of Marshall Boulevard is a monstrosity and it dwarfs most other development in the City despite assurances from the San Manuel tribal government that the casino design would be understated. Mr. Winter stated that recently he and other members of The Alliance for Community Rights traveled to the State Capitol and joined with other community groups from throughout the State to protest the unchecked growth of casino gambling. He urged the City to provide the State with information on the social, economic, and infrastructure impacts that casino operations have on the City. To prevent this from happening again, he asked the City Council to adopt a resolution that opposes any further fee to trust transfers of land for the benefit of the San Manuel tribal government. Paul Mordy, 5696 Blythe Avenue, San Bernardino, CA, asked the Mayor and Council to take a formal stand and oppose any further fee to trust transfers on behalf of the San Manuel tribe. He asked that the Mayor and Council insist that the compact with the San Manuel tribe include real protections for the adjacent community; and further asked that the Mayor and Council insist that all activities of the tribe be monitored and audited, and that the Governor be urged to take appropriate action to deal with all violations of the State compact. Rick Avila, Avila Construction, spoke regarding his lawsuit against the City, stating that Attorney Joseph Arias, who has no construction knowledge, was hired and is being paid over $1 million to fight a frivolous lawsuit. 18 04/05/2004 Paul Sanborn, 3559 Genevieve, San Bernardino, CA, gave kudos to the County Sheriff's Department for recently catching some taggers, thanked Councilwoman Wendy McCammack for helping to beautify the Mountain View area, and stated that the name calling needed to stop. Tim Prince, San Bernardino, CA, responded to comments previously made by Mr. Penman. Bryan Harnichek, 3705 Hemlock, San Bernardino, CA, requested that the City take a stand on any further fee to trust transfers to the San Manuel tribe of any land from the City or in the City's jurisdiction to ensure that they don't have any more parking lots or casino construction. He also asked the City to do whatever it could to minimize the impacts of the casino and impose limits as to what they can do. James Penman, 221 Marshall Blvd., San Bernardino, CA, responded to comments previously made by Mr. Avila. John Avila, 3524 Genevieve Street, San Bernardino, CA, spoke in support of his brother, Rick Avila, and his lawsuit against the City. Dave Stachowski, City Attorney Investigator, responded to comments that had been made by Tim Prince. James T. Hall, 1688 Massachusetts, San Bernardino, CA, stated that Mr. Penman is going to have to take a different approach if he expects people to support his changes to the City Charter. Walter Hawkins, City of Rialto School Board Member, asked if the City could make sure that its detours are appropriately marked, and stated that he hoped there was a way they could coordinate the City's construction schedules with the School District's bus schedules. S1. Authorization to execute a three-year contract with West Group to provide library and legal research materials to the City Attorney's Office - authorize the execution of a Purchase Order for the above -referenced three-year contract Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Kelley, that the City Attorney be authorized to execute a three-year contract with West Group to provide library and legal research materials to the City Attorney's Office; and that the Purchasing Manager of the City of San Bernardino is authorized and directed to execute on behalf of the City Attorneys Office, a purchase order for the three-year contract with West Group to provide library and legal research materials to the City Attorney's Office, 19 04/05/2004 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 34. Adjournment At 6:31 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, April 19, 2004, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 35 No. of Hours: 5 RACHEL G. CLARK City Clerk B� Linda Sutherland Deputy City Clerk 20 04/05/2004