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Home My WebLink About06-19-2006 MinutesMayor Patrick J. Morris Council Members: CITY OF SAN BERNARDINO Esther Estrada 300 N. "D "Street Dennis J. Baxter Gordon McGinnis San Bernardino, CA 92418 Neil Derry Website: www.sbcity.org Chas Kelley Rikke Van Johnson Wendy McCanmack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JUNE 19, 2006 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:35 p.m., Monday, June 19, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner Johnson. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Donna Atabey, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 108780; Benjamin Brown v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 107399; 1 06/19/2006 LaFrance Hamilton v. City of San Bernardino, et al. - U.S. Court of Appeals - Ninth Circuit, Case No. 04-56568, 05-56640; U.S. Central District Court Case No. CV 00 -00107 -RT; Natasha Johnson v. City of San Bernardino, et al. - United States District Court Case No. CV 05-05536 RX (SSx); Sequenta Lawrence, et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV04-0336 FMC (VBKx); City of San Bernardino v. California Electric Power Company, et al. - San Bernardino Superior Court Case No. SCVSS 134263. 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. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. Yellow Freight 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: Negotiator: Linn Livingston, Human Resources Director Employee Organization(s): San Bernardino Police Officers Association Mid -Management G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2 06/19/2006 City Attorney Penman announced that the following additional item would be discussed in closed session under Agenda Item 1B, Significant Exposure to Litigation: Agenda Item No. 19. Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence Mayor/Chairman Morris expressed condolences to the families and requested a moment of silence in memory of two retired City police personnel—Officer George Arrants, who served the department for 29 years, and Lieutenant Billy Miller, who began his career with the City in 1959 and retired in 1984. Invocation/Pledge of Allegiance The invocation was given by Executive Assistant to the Council Jorge Carlos, followed by the pledge of allegiance, led by Minerva Martinez, a student at Bradley Elementary School. 2. Appointments Mayor Morris • Re -appointment - Rabbi Hillel Cohn - Human Relations Commission • Re -appointment - Carl Clemons - Human Relations Commission • Appointment - Council Member Johnson - Alternate, Inland Valley Development Agency • Appointment - Council Member Johnson - Alternate, San Bernardino International Airport Authority • Appointment - Susan Lien Longville - Santa Ana River Trail Commission Council Member McGinnis • Appointment - Yvonne Ramos - Animal Control Commission Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Derry, that the Mayor and Common Council approve the appointments and re -appointments requested by Mayor Morris and Council Member McGinnis. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/Commissioner Johnson. 3 06/19/2006 3. Proclamations & Presentations Mayor Morris presented Certificates of Commendation to Arthur Gomez and Mark Cortez for their valiant and heroic efforts in saving the life of Linda Whitten when a fire started in her home. Fire Chief Larry Pitzer and Deputy Fire Chief Michael Conrad presented a Certificate of Commendation to Police Sergeant Bill Harps for his help in saving the life of Ms. Whitten and his efforts in knocking down the fire prior to arrival of the fire crews. Lloyd Roberts, President of the North End Neighborhood Association (NENA) presented a check in the amount of $3,500 to the City to be used by the Police Department to purchase a Civil Disturbance Suppression Unit. Mayor Morris presented Ambassador of Goodwill Certificates to the following students who will be traveling as student ambassadors to our sister city of Tachikawa, Japan: • Katherine Fredericks, daughter of Robert and Julie Fredericks • Lee Knowlton, son of Steve Knowlton and Liz Langenfeld • Rachel Sikes, daughter of Rick and Rebecca Sikes • Adrian Valenzuela, son of Robert and Yolanda Valenzuela The following students were presented Certificates of Recognition by Mayor Morris in honor of being this year's recipients of the Lyman and Elizabeth Rich scholarship awards: • Virginia Duarte, Evette Powe and Sarah Sanchez, San Bernardino Adult Education • Destine Gardner, Arroyo Valley High School • Dang Nguyen, Cajon High School • Noreen Popat, Middle College student • Steven Bolano, Pacific High School • Marquivia Bilbrew, Matthew Caddell, and Rebecca Guzman, San Andreas High School • Tu Nguyen, San Bernardino High School • Tesfay Teweldebrhan, San Gorgonio High School • Chene Banks, Karen Corona, Omar Lizama, Elvia Vargas and Jose Zarate, Sierra High School 4 06/19/2006 0 61 0 The following individuals were presented a service pin award by Mayor Morris in recognition of their many years of dedicated service to the City: Name Department Years of Service Crystal Johnson City Attorney 5 David Kennedy City Treasurer 15 Brenda Leggin Development Services 5 Rory Whitaker Facilities Management 5 Daniel Dickerson Fire 30 Paul Drasil Fire 20 Eric Esquivel Fire 20 Daniel Raney Fire 25 Betty Deal Parks, Recreation and 20 Community Services Jim Gondos Parks, Recreation and 10 Community Services Vincent Padilla Police 10 Gary Robertson Police 25 Steve Turner Police 5 Mark Wine Police 5 Frank Smith Public Services 5 Thomas Litras SBETA 30 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. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. Council Minutes - May 15, 2006 Council Member/Commissioner McCammack stated that she had not reviewed the minutes of May 15, 2006. 5 06/19/2006 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry that approval of the May 15, 2006 minutes be continued to the Council/Commission meeting of July 10, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 7. Claims and Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated June 7, 2006, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 8. Personnel Actions Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that the personnel actions, as submitted by the Chief Examiner, dated June 16, 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 Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 9. RES. 2006-172 - Resolution of the Mayor and Common Council of City of San Bernardino approving the amendment and restatement of the Joint Powers Agreement creating the BIG Independent Cities Excess Pool Joint Powers Authority, and authorizing, ratifying, and approving certain other operating documents in connection therewith. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-172 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 6 06/19/2006 10. RES. 2006-173 - Resolution of the Mayor and Common Council of the City of San Bernardino granting an extension of the Cable Franchises with Adelphia Communications, Charter Communications, and Mountain Shadows Cable. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-173 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 11. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute Amendment No. 2 to the Lease between the City of San Bernardino and the San Bernardino Stampede, Inc. Note: The resolution was not distributed with the backup materials. City Attorney Penman advised that this item was still being negotiated and requested that the matter be continued to the Council/Committee budget meeting of June 20, 2006. Council Member/Commissioner McCammack stated that she had concerns regarding ongoing financial issues with the previous lease amendment between the City and the Stampede. She stated that she had a hard time approving an action that requires the City to write them a check when they owe the City a check. Mayor/Chairman Morris clarified that the previous lease amendment was a separate issue, which ultimately would be resolved in the courts apart from the action before the Council today. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McGinnis, that the matter be continued to the Council/Commission meeting of June 20, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 12. RES. 2006-174 - Resolution of the Mayor and Common Council of the City of San Bernardino acknowledging the receipt and filing of the Annual Statement of Investment Policy for the period July 1, 2006 through June 30, 2007. 7 06/19/2006 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-174 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 13. RES. 2006-234 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an Agreement to renew the Agreement between the City of San Bernardino and Wells Fargo Bank, N.A. for the provision of banking services and the deposit of monies for one year beginning July 1, 2006 and ending June 30, 2007. Council Member/Commissioner Derry expressed concerns relative to renewing the agreement between the City and Wells Fargo Bank due to the fact that Wells Fargo has a policy wherein they will no longer fund scouting. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Kelley, that the Council reject the motion for approval and send the matter out to bid. (Note: There was no vote taken.) Council Member/Commissioner McGinnis noted that the approval was only for a one-year contract, and he thought the issue could be addressed at that time. Council Member/Commissioner McCammack stated that she was inclined to agree with Mr. Derry, but for a different reason—the City was not looking at local vendors. City Treasurer Kennedy pointed out that the City requires some very powerful services, and the last time they went out to bid a number of the local banks could not provide what the City needed. He also noted that it takes several months to go through the bid process; therefore, a certain amount of lead time would be required. Council Member/Commissioner Derry suggested that the Council extend the current agreement for four months and go out for an RFP for new services beyond that expressed date. Council Member/Commissioner McCammack recommended a six-month extension to the agreement. 8 06/19/2006 Council Member/Commissioner Derry made an amended motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted, amended to extend the current agreement with Wells Fargo for six months; and that staff be directed to issue an RFP for provision of banking services. The motion carried and Resolution No. 2006-234, as amended, was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 14. RES. 2006-191 - Resolution of the City of San Bernardino objecting to the August 2006 Tax Sale of Properties with City assessments. Council Member/Commissioner McCammack advised that she would be abstaining on this item because she owns property within 500 feet of some of the properties. She left the Council chambers, returning after the vote was taken. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-191 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: Council Members/Commissioners Estrada, Johnson. Subsequent to the vote being taken, it was noted that a speaker slip had been submitted on this item. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Derry, that the Mayor and Council reconsider Agenda Item No. 14. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/Commissioner Johnson. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, asked for clarification of the resolution. City Manager Wilson explained that to object to the tax sale of properties with City assessments, the City must file a copy of said resolution in order to protect our rights as a city. 9 06/19/2006 Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Derry, to reaffirm the adoption of Resolution No. 2006- 191. The adoption of Resolution No. 2006-191 was reaffirmed by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/Commissioner Johnson. 15. RES. 2006-175 - Resolution of the City of San Bernardino approving Amendment No. 2 to the Five-year Capital Improvement Programs for FY's 2002-2007 & 2003-2008 and Amendment No. 1 to the Five-year Capital Improvement Program for FY 2005-2010 for Measure "I" Local Expenditures. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-175 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 16. Item deleted 17. Item deleted 18. RES. 2006-176 - 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 no parking any time zone on Pahn Avenue between 20`" Street and Highland Avenue, except the west side between 20` Street and 110 feet north of 20' Street. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-176 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 19. Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution ... designating certain streets, or portions thereof as through highways..." and authorizing the removal of the stop signs for the north and southbound direction at the intersection of Valencia Avenue and Parkdale Drive. 10 06/19/2006 Because the location of the stop sign is within 500 feet of their residences, Mayor/Chairman Morris and Council Member/Commissioner McCammack stated that they would abstain on this matter and left the Council Chambers, returning after the vote was taken. Council Member/Commissioner Derry stated that he had no problem with the existing stop sign. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Baxter, to reject said resolution. (Note: There was no vote taken.) Antoinette J. Haldorsen, 3695 Valencia Avenue, San Bernardino, CA, quoted from and submitted copies of two letters she sent to City Engineer Mark Lancaster dated January 26, 2006 and February 27, 2006; and also a letter she sent to Council Member/Commissioner McCammack dated April 17, 2006, wherein she expressed her reasons for wanting to see the stop sign removed— impedes natural flow of traffic, increased noise, difficulty getting in and out of her driveway, etc. City Attorney Penman pointed out that adoption of the resolution would authorize removal of the stop sign; therefore, if there were members of the Council who wanted the stop sign to remain, the way to handle it would be for a Council member to make a motion to adopt the proposed resolution, and those wanting the stop sign to remain should then vote against adoption of said resolution. Council Member/Commissioner Derry withdrew his motion. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. The motion failed by the following vote: Ayes: Council Member/ Commissioner McGinnis. Nays: Council Members/Commissioners Estrada, Baxter, Derry, Kelley. Abstentions: Council Member/Commissioner McCammack. Absent: Council Member/Commissioner Johnson. 20. Resolutions approving the 2006/2007 Assessment Rolls – various Assessment Districts RES. 2006-192 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 951, Zone 1 and Zone 2, Landscaping Construction and Maintenance District, Wagonwheel Road Area. (20A) 11 06/19/2006 RES. 2006-193 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 952, Zone 1, Zone 2, Zone 2A, and Zone 3, Landscaping Construction and Maintenance District, State University Area. (20B) RES. 2006-194 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 953, Landscaping Maintenance District, 16t° Street and Medical Center Drive Area. (20C) RES. 2006-195 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 956, Landscaping Maintenance District, Carnegie Drive Area. (20D) RES. 2006-196 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 959, Zone 1, Shandin Hills Area Landscaping Maintenance Assessment District. (20E) RES. 2006-197 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 962, Sewer Lift Station Maintenance District, Pine Avenue Area. (20F) RES. 2006-198 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 963, Sewer Lift Station Maintenance District, Allen Street Area. (20G) RES. 2006-199 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 968, Landscaping Maintenance District, Airport Drive. (20H) RES. 2006-200 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 974, Landscaping Maintenance District, Rialto Avenue and Eucalyptus Avenue Area. (20I) RES. 2006-201 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 975, Landscaping Maintenance District, Pepper Avenue and Mill Street Area. (20.n RES. 2006-202 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 976, Landscaping Maintenance District, Pine Avenue and Belmont Avenue Area. (20K) 12 06/19/2006 RES. 2006-203 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 981, Landscaping Maintenance District, Meridian Avenue and Randall Avenue Area. (20L) RES. 2006-204 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 982, Landscaping Maintenance District, Piedmont Drive Area. (20M) RES. 2006-205 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 986, Landscaping Maintenance District, Rialto Avenue and Macy Street Area. (20N) RES. 2006-206 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 989, Sewer Lift Station and Landscaping Maintenance District, Mill Street and Macy Street Area. (200) RES. 2006-207 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 991, Landscaping Maintenance District, Verdemont Drive and Olive Avenue Area. (20P) RES. 2006-208 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 993, Landscaping Maintenance District, Cajon Boulevard and June Street Area. (20Q) RES. 2006-209 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 997, Landscaping Maintenance District, Chestnut Avenue Area. (20R) RES. 2006-210 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 1001, Landscaping Maintenance District, Pennsylvania Avenue and Birch Street Area. (20S) RES. 2006-211 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 1002, Landscaping Maintenance District, "H" Street Area. (20T) RES. 2006-212 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 1005, Landscaping Maintenance District, Cajon Boulevard and Pepper Linden Avenue (Campus Parkway) Area. (20i) 13 06/19/2006 RES. 2006-213 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 1007, Landscaping Maintenance District, Pepper Avenue and Randall Avenue Area. (20V) RES. 2006-214 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 1012, Landscaping Maintenance District, Mill Street and Burney Street Area. (20W) RES. 2006-215 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 1016, Landscaping Maintenance District, Coulston Street Area. (20X) RES. 2006-216 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 1017, Landscaping Maintenance District, Kendall Avenue and Pine Avenue Area. (201) RES. 2006-217 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 1018, Northpark Boulevard and Mountain Drive Acquisition Assessment District. (20Z) RES. 2006-218 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 1019, Landscaping Maintenance District, Northpark Boulevard and Mountain Drive Area. (20AA) RES. 2006-219 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 1020, Landscaping Maintenance District, Mill Street and Dallas Avenue Area. (20BB) RES. 2006-220 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 1023, Landscaping Maintenance District, Ehn Avenue and Coulston Street Area. (20CC) RES. 2006-221 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 1024, Landscaping Maintenance and Sewer Lift Station District, Inland Center Drive and Riverwalk Drive Area. (20DD) RES. 2006-222 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 1025, Landscaping Maintenance District, Pahn Avenue and Washington Street Area. (20EE) 14 06/19/2006 RES. 2006-223 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 1027, Landscaping Maintenance District, Waterman Avenue and Washington Street Area. (20FF) RES. 2006-224 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 1028, Landscaping Maintenance District, Ohio Avenue and Walnut Avenue Area. (20GG) RES. 2006-225 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 1029, Landscaping Maintenance District, California Street and 16' Street Area. (20HH) RES. 2006-226 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 1031, Landscaping Maintenance District, Irvington Avenue and Olive Avenue Area. (20II) RES. 2006-227 - Resolution of the City of San Bernardino confirming the 2006/2007 Special Tax for certain parcels of real property within Community Facilities District No. 1033 for a portion of the operation and maintenance costs of the Verdemont Fire Station. (20JJ) RES. 2006-228 - Resolution of the City of San Bernardino confirming the 2006/2007 Assessment Roll for Assessment District No. 1038, Landscaping Maintenance District, Orange Show Road and Arrowhead Avenue Area. (20KK) Council Member/Commissioner McGinnis stated that he would abstain on Agenda Item No. 20 -FF because he owns property within 500 feet of the area; and Council Member/Commissioner Kelley stated that he would abstain on Agenda Item Nos. 20-A and 20-B because he owns property within 500 feet of those areas. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that said resolutions A -Z and AA -KK, be adopted. Resolution Nos. 2006-192 through 2006-228 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Abstentions: Council Members/Commissioners McGinnis (Res. No. 2006-223 only), Kelley (Res. Nos. 2006-192 and 2006-193 only). Absent: Council Member/Commissioner Johnson. 15 06/19/2006 21. RES. 2006-177 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance or designee to issue a purchase order to Motorola, Inc. in the amount of $37,931.91 for radio communication equipment. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-177 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 22. RES. 2006-178 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino Fire Department to extend the Agreement with the County of San Bernardino to provide fire protection and paramedic services to County unincorporated areas within the City of San Bernardino's Sphere of Influence from July 1, 2006 through October 31, 2006. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-178 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 23. RES. 2006-179 - Resolution of the City of San Bernardino amending Resolution No. 6413, Sections Ten, Eleven, Twelve & Fourteen, entitled in part "A Resolution ... establishing a Basic Compensation Plan ..."; by updating information codifying prior Council actions (General, Mid - Management, and Confidential & Management). Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-179 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 24. RES. 2006-180 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying execution of Amendment No. 3 to the Senior Nutrition Contract No. 04-886 between the City of San Bernardino and County of San Bernardino Department of Aging and Adult Services (DAAS) for the Senior Nutrition Program in the amount of $17,000 to replace kitchen equipment. 16 06/19/2006 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-180 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 25. RES. 2006-229 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Services Agreement with Coast Soccer League to provide management services to the San Bernardino Soccer Complex. City Clerk Clark advised that the resolution title had been amended and read the corrected title into the record. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-229 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/Commissioner Johnson. 26. RES. 2006-181 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding between the Rialto Unified School District and the City of San Bernardino for a school resource officer at Rialto High School. Gil Navarro, 1440 West 6' Street, San Bernardino, CA, expressed concern that regular police officers would be hired for this position. He stated that according to the education code students that have disabilities have certain due process rights, and it has been his experience that these officers are not trained or informed of the rights of these students. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-181 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 27. RES. 2006-182 - Resolution of the City of San Bernardino authorizing a 90 - day trial contract between the City of San Bernardino and California Aviation Services for helicopter patrol services. 17 06/19/2006 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted; that the Director of Finance be authorized to amend the FY 2006/07 budget as follows: transfer $89,000 from the Evidence Impound Trust Account No. 772-212-2326 to General Fund revenue Account No. 001-000-4740 "Miscellaneous Police Receipts"; increase Police expenditure Account No. 001-213-5502 (Professional/Contractual Services) by $89,000 and appropriate $12,000 from the Asset Forfeiture Fund undesignated balance to Account No. 108-271-5502 (Professional/Contractual Services); and that approval of the contract is subject to the City Attorney being satisfied that we have in place the necessary insurance coverage totaling $10,000,000 in aviation liability and property coverage. The motion carried and Resolution No. 2006-182 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/ Commissioners Estrada, Johnson. 28. RES. 2006-183 - Resolution of the City of San Bernardino authorizing the execution of a Professional Services Agreement to employ Robert Curtis on a part-time basis in Fiscal Year 2006/07. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-183 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 29. RES. 2006-184 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of a grant application for the Mobil Source Reduction Committee (MSRC) Diesel Exhaust After -treatment Retrofit Program, and authorizing the execution of a purchase order to Ironman Parts & Service for the purchase and installation of sixteen (16) diesel particulate filters to be utilized by the Refuse Division. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-184 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/ Commissioners Estrada, Johnson. 18 06/19/2006 30. RES. 2006-185 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Johnson Rental Services for a Caterpillar MT455B 4WD tractor/loader complete with disc and box scraper to be utilized by the Public Services Department Street Division. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2005/06 budget by transferring $68,539.23 from Account No. 132-431-5704, Miscellaneous Equipment, to Account No. 132-431-5701, Motor Vehicles. The motion carried and Resolution No. 2006-185 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/ Commissioners Estrada, Johnson. 31. RES. 2006-186 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Crest Chevrolet of San Bernardino for a 2007 250OHD extended cab chassis complete with new Animal Control body to be utilized by the Animal Control Department Field Division. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-186 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 32. RES. 2006-187 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding bid to Smithson Electric for loop replacement services, labor and materials, and issue a purchase order to Smithson Electric in an amount not to exceed $68,880. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-187 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 19 06/19/2006 33. RES. 2006-188 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the increase of a purchase order to the County of San Bernardino Solid Waste and Inland Regional Material Recovery Facility. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2005/06 Refuse Division budget to appropriate $571,700 from the unappropriated Refuse Fund balance into Account No. 527-413-5179. The motion carried and Resolution No. 2006-188 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/ Commissioners Estrada, Johnson. 34. RES. 2006-189 - A Resolution of the Mayor and Common Council of the City of San Bernardino approving a quitclaim deed vacating a water utility easement to Richmond American Homes, to be followed by new revised water utility easements in the same location (Tract 16509-1; Lots 3 and 29). Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-189 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 35. RES. 2006-190 - A Resolution of the Mayor and Common Council of the City of San Bernardino approving a quitclaim deed vacating a water utility easement to Richmond American Homes, to be followed by new revised water utility easements in the same location (Tract 16509-4; Lot 85). Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-190 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 20 06/19/2006 36. Reorganization - City Clerk's Business Registration Division Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council reclassify the positions of Account Clerk I (U), Range 3330, $2,302-$2,798 and Account Clerk II (U), Range 3349, $2,531-$3,076 to Business Registration Customer Service Representative (U), Range 3363, $2,714-$3,299; and That the Mayor and Common Council reclassify one position of Account Clerk II (U), Range 3349, $2,531-$3,076 to Senior Business Registration Customer Service Representative (U), Range 3375, $2,881-$3,502; and That the Mayor and Common Council reclassify the position of Account Clerk III (U), Range 3368, $2,782-$3,382 to Accounting Technician I (U), Range 3395, $3,183-$3,869; and That the Mayor and Common Council add one (1) position of Business Registration Customer Service Representative (U), Range 3363, $2,741-$3,299; and That the Mayor and Common Council add one (1) position of Business Registration Inspector (U), Range 3401, $3,280-$3,987; and That the Mayor and Common Council delete part-time salaries ($57,000); and That the Human Resources Department be authorized to update Resolution No. 6413 to reflect this action; and That the Director of Finance be authorized to amend the FY 2006/07 budget for the City Clerk Department by increasing Business Registration Revenue by $57,000 (Account No. 001-000-4301) and decreasing part-time salaries by $57,000 (Account No. 001-033-5014) and increasing full-time salaries and benefits by $114,000 (Account No. 001-033-50XX). The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/Commissioner Johnson. 37. Salary increases for Aquatic positions in the Recreation Division of the Parks and Recreation Department 21 06/19/2006 Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council increase the salary for the position of Lifeguard from $7.50-$8.30 per hour to $8.00- $9.50 per hour; and That the Mayor and Common Council increase the salary for the position of Senior Lifeguard from $8.50-$9.30 per hour to $9.50411.00 per hour; and That the Mayor and Common Council increase the salary for the position of Pool Manager I from $9.50-$10.30 per hour to $11.00-$13.00 per hour; and That the Mayor and Common Council increase the salary for the position of Pool Manager II from $10.50-$11.50 per hour to $12.50-$14.00 per hour; and That the Human Resources Department be authorized to update Resolution No. 6413 to reflect this action. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/Commissioner Johnson. 38. Item deleted 39. Item deleted 40. Item deleted 41. Public hearing - resolution ordering work - San Bernardino International Airport/Alliance-California Area Landscape and Lighting Maintenance Assessment District No. 1022, Zones 1, 2 and 3 (Continued from June 5, 2006) Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in San Bernardino International Airport/Alliance-California area, generally north of Central Avenue, east of Lena Road and south of 3rd Street, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1022, Zone 1, Zone 2, and Zone 3, ordering the work, confirming the 2006-2007 assessment roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. 22 06/19/2006 Note: The resolution was not distributed with the backup materials. The hearing remained open. No public comments were received. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of July 10, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. 42. Public hearing - resolution imposing liens on property located within the City for uncollected business registration fees RES. 2006-171 - Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner McCammack expressed surprise at some of the names on the list of those who had not paid their business registration fees, and requested a copy of the final list, after removal of the names of those who paid prior to the hearing, before it is sent to the County. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 2006-171 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/ Commissioners Estrada, Johnson. 43. Council Minutes - May 1, 2006 & May 22, 2006 (Continued from June 5, 2006) Council Member/Commissioner McCammack asked for continuance of this item because she had not had an opportunity to review the minutes. 23 06/19/2006 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that approval of the May 1, 2006 and May 22, 2006 minutes be continued to the Council/Commission meeting of July 10, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/Commissioner Johnson. 44. RES. 2006-230 - Resolution of the City of San Bernardino authorizing the renewal of a maintenance contract for maintenance services from Compudyne PS&J Inc. of Pleasanton, California. (Continued from June 5, 2006) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/Commission meeting of July 10, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/Commissioner Johnson. Later in the meeting, City Attorney Penman advised that the resolution had been finalized and action could be taken to adopt said resolution. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Council reconsider Agenda Item No. 44. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/Commissioner Johnson. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2006-230 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/Commissioner Johnson. 45. Legislative Update (Continued from June 5, 2006) Note: No backup materials were distributed. 24 06/19/2006 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the Council/Commission meeting of July 10, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/Commissioner Johnson. 46. An Ordinance of the City of San Bernardino adding Chapter 9.96 to the San Bernardino Municipal Code regarding establishing a procedure for the designation of Crime Free Zones. FIRST READING City Attorney Penman provided an overview of the proposed ordinance, which would prohibit individuals who are on probation or parole for drug offenses from being in the area designated as a crime free zone, unless they actually live there. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/Commissioner Johnson. 47. RES. 2006-231 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Services Agreement with Management Partners to conduct a professional review of the operation of all City departments. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Council Member/Commissioner McCammack expressed concern with the language in the agreement under Compensation & Expenses, paragraph a, that says that the City will pay the contractor his fee, which " ... will cover all expenses incurred by the consultant"; yet paragraph b says, "No other expenditures made by the contractor shall be reimbursed by the City without the prior written approval of the Mayor." She stated that she would like to know what other expenditures they are talking about; and that she would hope that additional expenditures would come back to the City Council for approval, since they are approving the agreement in the first place. Lori Sassoon, Assistant City Manager, advised that this was standard language that is placed in all of the City's quotes for services. 25 06/19/2006 Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted; amended to include language that any unforeseen expenses would come back to the Mayor and Council for approval. The motion carried and Resolution No. 2006-231, as amended, was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/ Commissioner Johnson. 48. RES. 2006-232 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Cooperative Agreement with Southern California Association of Governments (SCAG) establishing the City of San Bernardino as a compass 2% strategy demonstration community, and authorizing the City Manager to execute grant documents. Karen Gulley, Director from The Planning Center, representing SCAG, provided an overview of what it would mean for the City of San Bernardino to be a Compass 2% Strategy Demonstration Community. Ms. Gulley explained that SCAG undertook a comprehensive regional visioning exercise in 2003/2004, which tried to examine the new growth trends in the five -county region and ultimately culminated with the adoption of a growth vision report. This new vision is expected to accommodate the projected six million new residents expected to come and live within our region by 2030 and is driven by four key principles—mobility, livability, prosperity, and sustainability. She stated that the implementation of this vision involves the individual actions of all the different local jurisdictions, so to support this effort, SCAG adopted what they call a Compass 2 % Strategy, and this strategy embodies the idea that smaller, incremental, focused changes in the various locations throughout the region can yield substantial benefits in terms of mobility and economic growth throughout the region. She stated that this strategy involves a series of what SCAG calls demonstration projects, which are funded by SCAG and intended to embody the compass principles. They are currently in Phase I of the demonstration projects, and Phase II will begin after July. In addition to this first set of demonstration projects, it was her understanding that both SCAG and SANBAG had just entered into an agreement to bring an additional $350,000 to the table to add additional demonstration projects, specifically for San Bernardino County. She advised that the City of San Bernardino had submitted an application for Phase I, and the application had been crafted into a more formal scope of work, which the Council had before them tonight. 26 06/19/2006 Ms. Gulley stated that the scope of work is really broken down into two basic components. The first component, that they are initiating right now, is what is called an Economic Development Analysis on some key sites within the downtown area. In general, their scope of work is focusing in the downtown area, but more specifically within a quarter mile radius of the City's future "E" Street transit station at "E" Street and Rialto. She noted, however, that the Economic Development Analysis that they are going to be doing is looking at two sites—one across from the existing Metrolink station, in the 7.75 acres just directly south; the other site is directly north of the future "E" Street station and it is almost eight acres as well. For both of these sites, what they are going to be doing is evaluating the financial feasibility of several development scenarios, working with staff to evaluate what the highest and best use of development can be on those parcels. She stated that, typically, they look at all aspects of the development—the developer costs, the revenues and the expected returns—so they can really understand the proforma associated with each of these development scenarios. And this will he part of the basis for them to move into the more specific transit station area exercise. Ms. Gulley advised that the second aspect of the scope of work is the kind of transit village, visioning effort they are going to be doing at the City's future "E" Street station and the conceptual planning effort within that station. She stated that they generally start with that area within a quarter mile radius, which represents a convenient five-minute walk to a transit station. She stated that the main concept here is that you want to intensify development within a quarter mile, making it extremely convenient for anyone living or working within this area to be able to get to the new transit station. She explained that it is a way to promote ridership, and also a way to ensure that people who want to travel from outside of the area and come to the station can easily get onto a bus or walk to their destination within the transit -oriented design (TOD) area. She stated that this is, in essence, what they will be doing—looking at conceptual alternatives for design within the station area. However, to the extent that there are other development opportunities just outside that area, they will fold those in. Also, in addition to the conceptual design effort, they will be involved in a public outreach effort, going to the City's stakeholders and to its landowners; and they will also be coming back to the Council for some feedback. Ms. Gulley advised that finally, this effort would involve an implementation strategy—that this is really just a first step at looking at transit station planning in this area. What they want to end up with is an implementation strategy—the next steps the City needs to take—whether they be more focused traffic studies, more coordination with the right transit agencies, or other kinds of efforts 27 06/19/2006 needed—whether it be regulatory or otherwise—whatever steps are needed to really get a more focused development plan on the ground over time. She stated that with this demonstration project they hope to move along throughout the summer and have something ready in the next three to four months. Mayor/Chairman Monis pointed out that the compass blueprint directions for growth program envisioned by SCAG dovetails beautifully with the City's own ideas about intensified use of the downtown assets, or our multi -modal transit center will essentially be the anchor for the entire east valley of this 90 -mile long Los Angeles Basin. He noted that as you look at the compass blueprint, you see that San Bernardino is a regional center. He stated that at one site—the multi -modal center—we will have not only our Metrolink station with departures to Los Angeles and Orange County, but we'll also have our high-speed bus line from Cal State University to Loma Linda University. We will also have the centerpoint for our OmniTrans bus line; the starting and ending point for the MARTA, the mountain transportation system; and the starting and ending point for our light rail system from our city to Loma Linda and into Redlands. Mayor/Chairman Morris stated that it is a magnificent opportunity for the City, as we enter this world of more congestion, loss of open space, and loss of livability as perceived by our own constituents, to restore a sense that we have a livable region where we use wisely the land that we have. Council Member/Commissioner McCammack stated that early on before this whole compass issue was brought to life, she had some questions regarding that particular site, in that she didn't want just another Greyhound bus station situation to be moved from one location (which has created some real problems for our downtown corridor), to another location that might create similar problems—especially with all the money that has been invested and is still being invested downtown. She stated that her concern is that it will eventually turn into exactly what our Greyhound bus station is today—which the Mayor and other Council members are now trying to demolish and move, while also getting rid of the businesses that are causing some of the problems as well. She stated that she had reservations from the beginning, and she still has reservations—not to say, however, that the project in and of itself isn't philosophically wonderful—and the application, the grant possibilities, and the planning that has gone on has all been with good intentions. However, she has a concern that she needed to register and put on the record. 28 06/19/2006 Council Member/Commissioner Derry stated that he understood Ms. McCammack's comments and agreed with many of her concerns; however, in deference to the Mayor and his interest in this project, and the potential viability of this project, he believed the Council should give it a good shot. Mayor/Chairman Morris stated that he was genuinely excited at the opportunity to create not an asphalt bus stop, but a multi -modal center in which the air space over the center will be a Class A office building that will have a vibrant life to it. He stated that we will have intensified land use, which will include podium style development and mixed use downtown, not unlike other urbanized areas from Old Town Pasadena to coastal cities where there is a sense of living together in a more intensified way; and this makes sense because we have access to good modern high-speed transport systems and a quality of life that we don't see in most of our urban centers. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-232 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley. Nays: Council Member/Commissioner McCammack. Absent: Council Member/ Commissioner Johnson. 49. RES. 2006-233 - Resolution of the Mayor and Common Council of the City of San Bernardino in support of prohibiting the housing of sex offenders next to day care centers in residential neighborhoods. Council Member/Commissioner Derry stated that the Wildwood Neighborhood Association would be writing to the Attorney General and this resolution would support that letter regarding prohibiting the housing of sex offenders next to daycare centers in residential neighborhoods. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2006-233 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/Commissioner Johnson. 29 06/19/2006 CONEWUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack; City Attorney Penman, Economic Development Agency Executive Director Pacheco and Special Counsel Sabo, City Clerk Clark. Absent: Council Member/Commissioner Johnson. R50. RES. CDC/2006-18 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the Redevelopment Project Study and Redevelopment Assistance Agreement with AGA Properties, LLC ("Developer") (Central City North Redevelopment Project Area). Agency Executive Director Pacheco stated that the purpose of this 12 -month study agreement is to study the development possibilities of the northwest and northeast corners of 6' and "G" Streets—that they will be exploring a residential development which could include condos, townhouses, or mixed use consistent with the CR -2 zone. Council Member/Commissioner McCammack stated that she had confirmed with Ms. Pacheco that HOME funds had been used to purchase this land; and HOME funds have a restriction to place only low-income housing on that property unless the Agency pays that money back to the HOME fund itself, which would be about $295,000. She questioned whether the Council, as a body, was prepared to agree to low-income housing for this area, or would they want to consider paying the money back upfront, enabling them to develop anything they want in terms of regular market -rate housing. Ms. Pacheco stated that the northeast corner of 6' and "G" Streets is a property that was purchased by the Redevelopment Agency with HOME dollars, which are federally restricted funds; and the purpose of the HOME program is to provide housing opportunities for the low-income population. She advised that there can be a mixture of housing, but Ms. McCammack had made a true statement with regard to the use of HOME money. She added that this site was located in a Redevelopment Project Area, wherein under redevelopment law the Agency has an obligation to provide low- and moderate -income opportunities for its residents, in addition to market rate housing. Council Member/Commissioner Estrada asked where else in recent times the Agency had used HOME funds in the local area. 30 06/19/2006 Ms. Pacheco replied that the Agency was using HOME dollars to purchase the fiveplex north of the northeast corner of 6' and "G" Streets. Also, they are currently exploring the probable acquisition of a church site on "G" Street and proposing to use HOME dollars for that as well. She added that HOME dollars had also been used for St. Bernardine's senior project, as well as the senior complexes that have been built on "F" and "G" and "H" Streets. Additionally, in the Meadowbrook area, HOME funds were used for the purpose of providing down payment assistance to some of the new home buyers. Council Member/Commissioner Estrada stated that the point she wanted to make was that these funds are being used in different ways and in different parts of the downtown area, where the City has already begun to see positive results from the use of these funds—particularly around the Meadowbrook area. She stated that she would hate to have the label of low-income housing detract from what is actually being done with these funds, thereby diminishing any potential creativity in terms of using the funds. Mayor/Chairman Morris stated that he thought it was critical to understand that creativity is at work in downtown, and the Meadowbrook project is but one example of the creative use of these funds. Additionally, mixed-use housing is possible using HOME funds, and we have used these funds to create a wonderful set of retirement homes in the downtown corridor for elderly with limited income. He stated that it is critical that we use these funds in the creative way that we have been doing, and this project is just another extension of that possibility. Council Member/Commissioner Derry asked whether, in the future, if the City paid back the money to the HOME fund, would the City be able to use the property for any market purpose that it chose? Ms. Pacheco stated that the development would have to be consistent with the land use, and the HOME money would have to be paid back with interest from the date that the Agency drew down the funds. She pointed out, however, that the use of federal funds or Agency housing funds does not diminish the quality of the housing—it simply provides for a variety of housing for persons of all income groups. Council Member/Commissioner McCammack asked Ms. Pacheco whether she thought this developer had any interest in building additional senior complexes at this location. 31 06/19/2006 Ms. Pacheco stated that it was certainly something they could look at; however, given the number of senior housing units that have already been built in the downtown area, she was not sure that the site would be appropriate for senior housing. Council Member/Commissioner Kelley stated that he thought Meadowbrook was a good project, and he asked whether that was what they could expect to see at this location—something similar to Meadowbrook. He also noted that the question of low-income had been raised, and he asked if the typical 120 percent median income was what they were potentially looking at for the future of this area. Ms. Pacheco stated that it would probably be a more intensified use than Meadowbrook, since the zoning is different; and that is why they are looking at condos, or townhomes, or perhaps a mixture of development. She also explained that 80 percent of median income was the maximum for HOME dollars and 120 percent for housing funds. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. CDC/2006-18 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley. Nays: Council Member/Commissioner McCammack. Absent: Council Member/Commissioner Johnson. R51. 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: (1) execute the Vehicle Parking License Agreement by and between the County of San Bernardino ("County") and the Agency for the use of a portion of 247 West 3" Street, San Bernardino and (2) appropriate $180,000 to fund the Agency portion of the landscaping improvements from the Community Reinvestment Fund (CRF) as noted in this Staff Report (Central City East Redevelopment Project Area). Mayor/Chairman Morris advised that this was the property the Agency has been holding, hoping to construct a new justice center for our county. He stated that his office has researched in great depth the possibilities of doing that sooner than later, however, there is little interest in the legislature or the governor's office to move ahead with courthouse construction. 32 06/19/2006 He stated that the initiatives that will be seen on the ballot this fall contain no money for court structure, and there is little interest on the part of the County Board to invest in courthouse construction beyond the requirements of earthquake safety. Mayor/Chairman Morris advised that the City had been requested by the County Board to consider using at least a portion of this land for a surface parking facility for courthouse jury use; and if approved by the Council, it would be ready for our activities here during the Route 66 Rendezvous. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. (Note: No vote was taken.) Council Member/Commissioner Estrada stated she had a concern with the resolution on page 2, section 2, where it states, "The Commission hereby authorizes the Agency Executive Director to execute the Agreement with the County and to execute any such other documents as may be necessary to implement the Agreement and to make any necessary non -substantive changes to the Agreement as may be approved by Agency Counsel ... " She stated that she had a problem with the authority being so broad. Ms. Pacheco advised that this was standard language in most of their resolutions; however, in this particular case, Mr. Sabo and Mr. Penman had discussed adding an approval whereby the Agency Executive Director would have the authority to make modifications with the consent of the Mayor, as well as Agency Counsel. That way, the Executive Director and the Mayor, concurrently with the Agency Counsel, would review any possible changes. She stated that this language would actually be reflected in several sections of the agreement that talk about giving the Agency Executive Director that consent authority, and so they would add language to include the concurrence of the Mayor to various sections of the agreement. Ms. Estrada pointed out that the language says, to execute any such other documents; and she believed that any such other documents needed to be brought before the Commission for approval. Mayor/Chairman Morris stated that where the problem comes in, is that the Mayor and Council meet every other week; and if this project is going to proceed with dispatch to be completed on or before the time of the rendezvous, they need to authorize someone to sign required documentation, if amendments or modifications are required. 33 06/19/2006 Ms. Pacheco stated that she did not foresee any substantive changes, or any changes in general, coming forward at this time, since County Counsel had already reviewed the document. She stated that the only thing she could anticipate at this point, was the possibility that when the project is bid, it would come in at a cost in excess of the $180,000; and at that point in time the matter would have to come back to this Commission. Council Member/Commissioner McCammack stated that her number one concern was the insertion or removal of some language, slight as it may be, to ensure that any obviously fiscal or economic differences would come back for Commission approval. She also noted that in all of the paperwork it was not made clear that there was a timetable to build this in time for the Route 66 Rendezvous. Ms. Pacheco advised that, given the time constraints with this particular item, it would be her recommendation that the Council remove that particular language from the resolution and the document, because the contract has already been approved by County Counsel; and since the changes requested by County Counsel had been incorporated into the document, she did not really anticipate any changes to the document that was being presented to the Commission. Council Member/Commissioner Estrada pointed out that this was a two-part authority—the first part was to execute any such other documents; the second part was to make any necessary nonsubstantive changes. Special Counsel Sabo stated that he was going to suggest that in the second line, the words, "and to execute any such other documents as may be necessary to implement the Agreement" be deleted; then leave in the next phrase, "as may be approved by Agency Counsel" and add "with the concurrence of the Mayor;" and then delete the last phrase starting with the word "provided." Council Member/Commissioner Estrada asked if the item could be continued until the next day, since the Council/Commission had already scheduled a budget meeting for that day; and maybe they could get everything ironed out by then. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Derry, that they rescind their original motion. (Note: No vote was taken.) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting scheduled for June 20, 2006. 34 06/19/2006 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/Commissioner Johnson. Council Member/Commissioner McCammack requested that a copy of the language changes be distributed to the Council members prior to the next day's meeting. R52. RES. CDC/2006-19 - 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 that certain 2001 Acquisition, Working Capital and Homebuyer Grant Assistance Loan Agreement and Release of the 2001 Regulatory Agreement and cancellation of the Promissory Note related thereto between the Agency and the California Mobile Home Park Corporation (Tropicana and Orangewood Mobile Home Parks) (Low/Mod Housing Fund). Maggie Pacheco, Executive Director, Economic Development Agency, provided an overview of the staff report. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Council Member/Commissioner McCammack pointed out that on page 2 of the resolution, line 16, the amount of $4,187 was an erroneous figure and should be corrected to $4,187,296. Resolution No. CDC/2006-19 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/Commissioner Johnson. R53. RES. 2006-20 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment No. 2 to the December 6, 2004 Disposition and Development Agreement, as amended, between the Agency and Waterman Holdings, LLC (4' and Waterman Avenue — APN: 0135- 191-11) (Central City East Redevelopment Project Area). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. 35 06/19/2006 Resolution No. CDC/2006-20 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley McCammack. Nays: None. Absent: Council Member/Commissioner Johson. R54. Public hearing - Disposition and Development Agreement by and between the Agency and Century Crowell Communities, LP (Agency property located north of Little League Drive, east of I-215 Freeway) Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2006 Disposition and Development Agreement ("DDA") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and Century Crowell Communities, LP, a California limited partnership ("Developer") related to approximately 79 acres of Agency property located north of Little League Drive, east of I-215 Freeway ("Property") (R54A) Resolution of the Community Development Commission of the City of San Bernardino (1) approving the 2006 Disposition and Development Agreement ("DDA") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and Century Crowell Communities, LP, a California limited partnership ("Developer") and authorizing the Agency Executive Director to execute said DDA relating to the sale and development of Agency property located north of Little League Drive, east of I-215 Freeway - approximately 79 acres in the City of San Bernardino ("Property") and (2) making certain findings thereto related to the development of the Property and adopting a Mitigated Negative Declaration related to said DDA. (R54B) Note: No backup materials were distributed. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to July 24, 2006 and that the MOU between the Agency and Century Crowell Communities, LP be extended through and including said date. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/Commissioner Johnson. 36 06/19/2006 55. Public Comments Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding random drug testing for law enforcement personnel and Drug Free Zones, and stated that he did not think the Operation Phoenix program would work out, due to a lack of funds. Tom Kanovos, 1962 Turrill Avenue, San Bernardino, CA, suggested taking the money out of drugs by paying informants a percentage of the take—that way the informants have reason to go out and get the dealers; and disputed that fact that the house on 48' Street is a parolee house—stating that it is a sober living house, with nothing but recovering addicts who are trying to stay sober, who are not a threat to children. Joe Rodriguez, representing Congressman Joe Baca's office, advised of a Citizenship Day Workshop to be held from 10 a.m. to 3 p.m. on Saturday, July 1, at the National Orange Show in San Bernardino. It will feature workshops led by members of congress and community groups to provide assistance to legal permanent residents who wish to take the first steps toward becoming naturalized U.S. citizens. John Stevens, P.O. Box 24, Tecopa, CA spoke regarding fireworks, stating that terrorists can go to Nevada and buy all the explosives they need in Nevada—that these are Class C explosives; and asked the Council to check it out. Gil Navarro, 1440 West 6' Street, San Bernardino, CA asked the Mayor for intervention on behalf of residents on the Westside in getting City departments to respond to their requests for service and help—that they are asking for minimum services. Betty Jean Long, spoke regarding the importance of keeping the flag at City Hall; and the fact that the Jack in the Box restaurant at 5' and "D" Streets opens at 6 a.m., but does not open its restrooms, creating a hardship for the homeless who use these facilities. Timothy Prince, 290 North "D" Street, San Bernardino, CA spoke regarding the cost of doing business in San Bernardino. He advised that Larry Kosmont, who is on the State Redevelopment Commission, annually surveys what it costs to do business in California cities and across the nation. He noted that California, as a state, is one of the highest spots to do business, not only in the United States, but compared to several other countries. The good news is that the Inland Empire is one of the most competitive and lowest cost areas in which 37 06/19/2006 to do business as a region. However, the bad news is that San Bernardino is tied as the highest cost city in which to do business in the Inland Empire. Danny Flores, founder of Salute to the Route, 2060 Mesa, San Bernardino, CA, suggested soliciting money from all the patriotic residents in the city to cover the costs of displaying the large flag on the side of City Hall. Lyman Stuckey, 1873 Pumalo, San Bernardino, CA voiced support for displaying the large flag on the side of City Hall as suggested by Councilman Kelley and encouraged the Council to fly said flag. 56. Adjournment At 6:27 p.m. the meeting adjourned to Tuesday, June 20, 2006, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California, for a budget workshop. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, July 10, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 48 No. of Hours: 8 RACHEL G. CLARK City Clerk By: Linda E. Hartzel Deputy City Clerk 38 06/19/2006