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HomeMy WebLinkAbout10-16-2006 MinutesCITY OF SAN BERNARDINO 300 N. `D " Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Vacant Neil Derry Char Kelley Rikke Van Johnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 16, 2006 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:37 p.m., Monday, October 16, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Assistant City Manager Sassoon. Absent: Council Member/Commissioner Kelley. Vacant: Third Ward. Council Member/Commissioner Kelley Arrived At 1:44 p.m., Council Member/Commissioner Kelley arrived at the Council/ Commission meeting. 1. Closed Session A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): RDA v. Alvarez, et al. - U.S. District Court Case No. EDCV 02-142 RT (SGLx) and San Bernardino Superior Court Case No. SCVSS 86091; 10/16/2006 California Bio-Mass, A Calif. Corp., et al. v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 83473. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Claim filed by City of Riverside/Gage Canal Company C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. Eastern Municipal Water District D. Closed Session - personnel - pursuant to Government Code Section 54957: Police Military Pay Issue E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Negotiator: Linn Livingston, Human Resources Director Emvlovee Organizations: Police Management Fire Management Police & Fire Units General Bargaining Unit Mid -Management Unit Management Confidential Unit G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that two additional cases would be heard under Agenda Item No. 1B, Anticipated litigation - Significant exposure to litigation. 2 10/16/2006 Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority. Invocation/Pledge of Allegiance The invocation was given by Reverend Petra Malleis-Sternberg, pastor of the First Congregational United Church of Christ, followed by the pledge of allegiance, led by Arthur Watson, a student at Anderson School. 2. 3 Appointments There were no commission appointments. Proclamations & Presentations Junior and senior students from Aquinas High School presented Mayor Morris with a check in the amount of $1,000 to help save Sturges Auditorium, which is used by the students for many of their plays and performances. Don Burke and Jason Reyes, representatives from State Farm Insurance, presented Mayor Morris and Deputy Fire Chief Conrad with an $8,000 donation to be used for the free smoke detector giveaway program. Mayor Morris presented a proclamation designating Saturday, October 28, 2006, as Make a Difference Day in San Bernardino to Luisa Ross, Redevelopment/Program Specialist with the Neighborhood Housing Services of the Inland Empire. Peggi Hazlett, Assistant to the Mayor, announced that earlier in the month, Mayor Morris had proclaimed October as Community Planning Month in the City of San Bernardino and recognized the outstanding efforts of the Development Services Department. The following individuals were presented a service pin award by Mayor Morris in recognition of their many years of dedicated service to the City. In addition, Battalion Chief Jess Campos received special acknowledgement for never using even one day of sick leave during his entire 30 years of service with the Fire Department. Name Jack Masters Irene Bryson Sheila Futch Department Development Services Facilities Management Finance Years of Service 20 10 10 3 10/16/2006 Jess Campos Fire 30 Darrel Cornell Fire 10 Judy Croteau Fire 10 Linda Molina Police 10 Scott Patterson Police 25 Martha Soto Police 30 Marie Woodall Police 10 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 6. Claims and Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated October 2, 2006, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 7. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the personnel actions, as submitted by the Chief Examiner, dated October 11, 2006 in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. 4 10/ 16/2006 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 8. RES. 2006-366 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution ... designating certain streets, or portions thereof as through highways ..." and establishing a four-way stop at the intersection of Medical Center Drive and Magnolia Avenue. Council Member/Commissioner Johnson advised that the four-way stop was a prelude to a signal light which is in the design stage and will be placed at this location in 2007. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-366 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 9. RES. 2006-361 - Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Ohio Avenue and Chestnut Avenue area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1049; preliminarily approving the Engineer's Report and giving notice of a public meeting and public hearing. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90 with the establishment of a Landscape Maintenance Assessment District in the Ohio Avenue and Chestnut Avenue area (Tract No. 14881), to be known as Assessment District No. 1049; and that said resolution be adopted. The motion carried and Resolution No. 2006-361 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 5 10/16/2006 10. RES. 2006-367 - Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the 6`s Street and Sterling Avenue area without compliance with the Special Assessment Investigation, Limitation and Majority Protest act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1053; preliminarily approving the Engineer's Report and giving notice of a public meeting and public hearing. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90 with the establishment of a Landscape Maintenance Assessment District in the 6' Street and Sterling Avenue area (Tract No. 17372), to be known as Assessment District No. 1053; and that said resolution be adopted. The motion carried and Resolution No. 2006-367 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 11. RES. 2006-368 - Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Campus Parkway and Valles Drive area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1054; preliminarily approving the Engineer's Report and giving notice of a public meeting and public hearing. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90 with the establishment of a Landscape Maintenance Assessment District in the Campus Parkway and Valles Drive area (Tract No. 17699), to be known as Assessment District No. 1054; and that said resolution be adopted. The motion carried and Resolution No. 2006-368 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 6 10/16/2006 12. RES. 2006-362 - Resolution of the City of San Bernardino determining the amount of property tax revenues to be exchanged between and among the City of San Bernardino and the County of San Bernardino resulting from the jurisdictional change described by LAFCO 3067 for the reorganization consisting of the annexation of 6 areas of unincorporated territories generally lying north of Pacific Street, east of Valencia Avenue, south of Piedmont Drive and west of Victoria Avenue, to be known as City of San Bernardino Annexation No. 361. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-362 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 13. RES. 2006-363 - Resolution of the City of San Bernardino approving Agreement for Services with Hall & Foreman, Inc. and AEI-CASC Engineering, Inc. D.B.A. AEI-CASC Consulting for on -call plan review services. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-363 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 14. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a Contract to Nikola Construction Corporation for sewer improvements on Athol Street from "D" Street to Arrowhead Avenue (SW06-04) and Goodlett Street from Pico Street to Herrington Avenue (SW06-08), and street improvements on Goodlett Street from Western Avenue to Mt. Vernon Avenue (SW06-08), per Plan No. 11646. Note: No resolution was distributed with the backup materials. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of November 6, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 7 10/16/2006 15. Authorize execution of Contract Change Order No. Two to the Contract with David T. Wasden, Inc. for sewer and street improvements on 30 Street - Leroy Street to Waterman Avenue (SW 04-23); 48`" Street - "F" Street to Electric Avenue (SW 04-24); and street improvements on Richardson Street - San Bernardino Avenue to Victoria Avenue (SW 04- 34); Cooley Avenue - Tippecanoe Avenue to Gage Canal (SW 04-35); and "E" Street - 2Id Street to 4' Street (SW 04-06), per project Plan No. 11147. Note: No resolution was distributed with the backup materials. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of November 6, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 16. ORD. MC-1236 - An Ordinance of the City of San Bernardino adding San Bernardino Municipal Code Section 19.06.025 (Development Code) and prohibiting the establishment of certain new businesses and the relocation of said businesses in the City. FINAL READING Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, asked what would happen if an area is redeveloped and one of these businesses is already located within the area. Council Member/Commissioner McCammack advised that the City would not shut a business down unless it was already in noncompliance based on the previous ordinance; therefore, moving them would not be an issue unless they were in noncompliance in the first place. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Kelley, that said ordinance be adopted. Ordinance No. MC-1236 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 8 10/16/2006 17. RES. 2006-364 - Resolution of the Mayor and Common Council exempting the acquisition of supplies, material or equipment from the formal contract procedures of the San Bernardino Municipal Code, and authorizing the Purchasing Manager to award an annual purchase order, with four single year renewal provisions, to Xerox Corporation for Print Shop Xerox equipment, maintenance and copier supplies. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-364 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 18. Authorize the addition of two full-time parking enforcement officers in the Facilities Management Department Council Members/Commissioners Estrada and McCammack expressed concern that this item had not gone through the Personnel Committee. Council Member/Commissioner Kelley stated he had a concern relative to the City seriously pursuing in the upcoming election the generation of additional sales tax, yet often these parking enforcement officers are giving tickets in the largest and highest sales tax areas. He stated that this could be discouraging to those we are depending on for sales tax; particularly, if they do not return to our city because of it. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the matter be referred to the Personnel Committee. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 19. Establish salaries for Fire Department Ranges P-1, P-2, P-3, and P-4 effective August 1, 2006 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the salaries for Fire Department Ranges P- 1 (Firefighter), P-2 (Firefighter/Paramedic), P-3 (Fire Engineer), and P-4 (Fire Investigator/Captain), be established, effective August 1, 2006; that the Human Resources Department be directed to amend Resolution No. 6429 to reflect the above action; and that the Director of Finance be authorized to amend the FY 9 10/16/2006 2006/07 budget by increasing the Fire Department General Fund budget by $613,700 for Charter 186 costs by appropriating $613,700 from the General Fund budget reserves. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 20. Establish salaries for Police Department Ranges P-4, P-5, P-6 and P-7 effective August 1, 2006 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the salaries for Police Department Ranges P-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Police Chief), and P-7 (Police Chief), be established, effective August 1, 2006; that the Human Resources Department be directed to amend Resolution No. 6429 to reflect the above action; and that the Director of Finance be authorized to amend the FY 2006/07 budget by increasing the Police Department General Fund budget by $132,429 for Charter 186 costs by appropriating $132,429 from the General Fund budget reserves and make appropriate adjustments to the various Police grants. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 21. RES. 2006-365 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Sinfonia Mexicana for the promotion of Arts and Culture. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-365 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 22. An Ordinance of the City of San Bernardino adding Chapter 9.97 to the San Bernardino Municipal Code regarding prohibition of sex offenders from residing within 2000 feet of any public or private school, park or other place where children regularly gather. FIRST READING 10 10/16/2006 Jolena Grider, Deputy City Attorney, provided an overview of the ordinance. She noted that the ordinance not only prohibited sex offenders from residing within 2000 feet of any public or private school, park or other place where children regularly gather, but would also make it a misdemeanor for any property owner to knowingly rent to a sex offender that is within 2000 feet of any of these uses. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be referred to the Legislative Review Committee. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 23. Public hearing - resolution ordering work - Ohio Avenue and Pine Avenue Area Landscape Maintenance Assessment District No. 1047 - Tract No. 16547 RES. 2006-369 - Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots representing at least fifty percent (50%) affirmative votes for the proposed assessment have been received and that the public convenience and necessity require the maintenance of landscaping in the Ohio Avenue and Pine Avenue area, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1047, ordering the work, confirming the 2007/2008 Assessment Roll, and determining that the Special Assessment Investigation Limitation and Majority Protest Act of 1931 shall not apply. Mayor/Chairman Morris opened the hearing. Valerie Ross, Director of Development Services, advised that this was the final step in the process for establishing Landscape Maintenance Assessment District No. 1047. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the hearing be closed; and that said resolution be adopted. 11 10/16/2006 The motion carried and Resolution No. 2006-369 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. Vacant: Third Ward. 24. Public meeting - formation of a Landscape Maintenance Assessment District in the Magnolia Avenue and Ohio Avenue area (AD 1041 - Tract No. 15228) Mayor/Chairman Morris opened the meeting. Valerie Ross, Director of Development Services, advised that this was the second step in the formation of Landscape Maintenance Assessment District 1041. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the public meeting relative to the formation of the Magnolia Avenue and Ohio Avenue Area Landscape Maintenance Assessment District (AD 1041 - Tract No. 15228) be closed, and protests and ballots, if any, be carried over to the public hearing on November 6, 2006, at 4:00 p.m. The motion carried by the following vote: Ayes: Council Members/ Commissioners Baxter, Derry, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Johnson. Vacant: Third Ward. 25. Public meeting - formation of a Landscape Maintenance Assessment District in the Eucalyptus Avenue and Randall Avenue area (AD 1048 - Tract No. 17273 Mayor/Chairman Morris opened the meeting. Valerie Ross, Director of Development Services, advised that this was the second step in the formation of Landscape Maintenance Assessment District No. 1048. No public comments were received. 12 10/16/2006 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the public meeting relative to the formation of the Eucalyptus Avenue and Randall Avenue Area Landscape Maintenance Assessment District (AD 1048 - Tract No. 17273) be closed, and protests and ballots, if any, be carried over to the public hearing on November 6, 2006, at 4:00 p.m. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 26. RES. 2006-370 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order between the City of San Bernardino and Western Pacific Signal, LLC for signal controllers to be utilized by the Street Division. (Continued from October 2, 2006) Council Member/Commissioner Kelley stated that it would be helpful if the Council members knew the account balances at the time they are making their decisions to approve expenditures. He suggested that maybe the Ways and Means Committee could work on a method for providing this information. Council Member/Commissioner McCammack stated that this would entail a full time person in the Finance Department just to look up all the account numbers and would be an accounting nightmare due to the number of purchase orders going through the system at any one time. Council Member/Commissioner Johnson inquired as to how the vendor list was created for this item, whether it was advertised on the City's website, and whether it went through the Purchasing Division. Assistant City Manager Sassoon advised that in this particular case staff had contacted the manufacturer of the equipment that the City uses, and the manufacturer provided the list of all the distributors of that equipment. She added that for this type of equipment there are no suppliers or distributors located within the city. Ms. Sassoon stated that all City bid information is posted on the City's website. In addition, if the City is contacted by any vendors who want to be placed on a bid list, those names are kept and they are notified as the bids come up. Also, this purchase was managed by the department and not by the Purchasing Division. She explained that the City has sort of a "hybrid" purchasing system —a somewhat de -centralized purchasing system —and a number of purchases are handled directly by departments. 13 10/16/2006 Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2006-370 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 27. RES. 2006-371 - Resolution of the Mayor and Common Council of the City of San Bernardino approving an agreement and authorizing an increase to Purchase Order No. 908694 to Matich Corporation for asphalt paving services. (Continued from October 2, 2006) Senior Assistant City Attorney Calkins advised that the City Attorney's office had declared a conflict on this item because the Matich Corporation has made donations to Mr. Penman's city attorney campaign. He stated that Special Counsel Sabo had reviewed the documents at no charge to the City. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2006-371 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 28. RES. 2006-372 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with Zumar Industries, Inc. for the purchase of traffic signs for repair, removal and replacement of damaged signs, faded signs, vandalized signs, and new installation of signs located throughout the City of San Bernardino. (Continued from October 2, 2006) Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2006-372 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 14 10/16/2006 COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack; Senior Assistant City Attorney Calkins, City Clerk Clark, Economic Development Agency Executive Director Pacheco and Special Counsel Sabo. Absent: None. R29. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the executive director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the Redevelopment Project Study and Exclusive Right to Negotiate Agreement ("Agreement") with Home Depot, Inc. ("Developer") - IVDA Redevelopment Project Area. (Continued from September 18, 2006) Mayor/Chairman Morris advised that staff had requested that this item be continued to the November 6 meeting. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/ Commission meeting of November 6, 2006. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Baxter. Vacant: Third Ward. R30. Public hearing - 2006 HOME Funds Development Agreement for development of four (4) single-family in -fill homes - Arroyo Valley Community Economic Development Corporation (Arroyo), a non-profit corporation. (Continued from October 2, 2006) Resolution of the Mayor and Common Council of the City of San Bernardino approving an Amendment to the 2005/2010 Consolidated Plan and the 2006/2007 Annual Plan and consenting to the disposition of certain property located on 16te and Harris Streets (APN: 0144-131-21) and 17' and "J" Streets (APN: 0144-131-36, 0144-123-03 and 46), City of San Bernardino, by the Redevelopment Agency of the City of San Bernardino ("Agency") pursuant to the terms of the 2006 HOME Funds Development Agreement, by and between the Agency and, Arroyo Valley Community Economic Development Corporation ("Arroyo') and Inland Empire Concerned African American Churches ("Churches") (collectively referred to as "Developer") - Inland Valley Development Agency (IVDA) Redevelopment Project Area. (R30A) 15 10/16/2006 Resolution of the Community Development Commission of the City of San Bernardino approving the Disposition of certain property located on 16'" and Harris Streets (APN: 0144-131-21) and 17' and "J" Streets (APN: 0144-131-36, 0144-123-03 and 46), City of San Bernardino, by the Redevelopment Agency of the City of San Bernardino ("Agency") and authorizing the executive Director of the Agency to execute the 2006 HOME Funds Development Agreement, by and between the Agency and Arroyo Valley Community Economic Development Corporation ("Arroyo") and Inland Empire Concerned African American Churches ("Churches") collectively referred to as "Developer") - Inland Valley Development Agency (IVDA) Redevelopment Project Area. (R30B) Mayor/Chairman Morris indicated that a speaker slip had been submitted by Pastor Hodari of Inland Empire Concerned African American Churches; however, Pastor Hodari had left the Council Chambers after speaking with Agency Executive Director Pacheco about his concerns. Mayor/Chairman Morris advised that staff had requested that this matter be tabled. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. R31. Hearing - Resolution of public interest and necessity for acquisition of real property - 673 West 5` Street - San Bernardino School Property/Garcia RES. CDC/2006-44 - Resolution of the Community Development Commission of the City of San Bernardino declaring the public interest and necessity of acquisition of real property by the Redevelopment Agency of the City of San Bernardino for community redevelopment purposes over the property located at 673 West 5' Street, San Bernardino, California (San Bernardino School Property/Garcia - APN: 0134-101-02 and 03) in the Central City North Redevelopment Project Area. Mayor/Chairman Morris opened the hearing. 16 10/16/2006 Agency Executive Director Pacheco stated that staff had provided a very comprehensive staff report relative to the issues, and it was staffs recommendation that the hearing be conducted and that the Council/Commission move forward with the resolution of necessity. She advised that there was no relation between the owner of the property and the San Bernardino Unified School District. No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. CDC/2006-44 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCammack. Absent: None. Vacant: Third Ward. R32. Hearing - Resolution of public interest and necessity for acquisition of real property - 795 West 5' Street - Tien Lee International Limited Corporation, Fu San Limited, Inc., Ha -Ram, Inc., and Jagdish Patel RES. CDC/200645 - Resolution of the Community Development Commission of the City of San Bernardino declaring the public interest and necessity of acquisition of real property by the Redevelopment Agency of the City of San Bernardino for community redevelopment purposes over the property located at 795 West 5`s Street, San Bernardino, California (Tien Lee International Limited Corporation, Fu San Limited, Inc., Ha -Ram, Inc., and Jagdish Patel - APN: 0134-093-41) in the Central City North Redevelopment Project Area. Mayor/Chairman Morris opened the hearing. Agency Executive Director Pacheco indicated that she had nothing to add to the staff report that had been included in the backup materials. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Bruce Ko, 795 West 5' Street, San Bernardino, CA, stated that he represents Fu San Limited, which operates the Paradise Motel at 795 West 5' Street. He stated that they are currently the long-term lease tenants of the subject property and have run the Paradise Motel, which is located on the property, for many many years. He stated that they would like to work with the Agency on this 17 10/16/2006 matter; in fact, in 2005 they filed a Statement of Interest to Participate, and they hoped that they would be given this opportunity. He suggested that this property be excluded from eminent domain. William J. Ward, 685 East Carnegie Drive, San Bernardino, CA, stated that he was representing Tien Lee International Limited, property owner of the subject site. He stated that they do have a long-term lease with Mr. Ko. Also, it was his understanding that his client had turned in her consent to working with the City. Mr. Ward stated that he wanted to speak on two points. First, it was his understanding that the City had entertained some kind of Owner Participation Agreement (OPA) with other properties, and his client was interested in that also. He stated that basically, Tien Lee International has made an investment in this land and is leasing it to Mr. Ko and would like to continue to do that for a new use consistent with the City's planning goals. Second, he advised that there was an ongoing civil action that involved the property —that an outfit called Ha -Ram had filed a specific performance case and his office was defending that. He stated that they had filed a motion for summary judgment on behalf of Tien Lee that is set for December 12 in San Bernardino Superior Court. He stated that he wanted to alert the Council to the fact that this makes negotiations difficult and raises some interesting procedural questions if the matter was to proceed to some kind of eminent domain complaint because of the outstanding civil case involving title. Mayor/Chairman Morris stated that the dilemma for the City/Agency is that we don't know who is on first here. We have an owner, a lessee, and this group called Ha -Ram that claims some interest in the property. He pointed out that this declaration of necessity by the Council does not foreclose any ongoing discussions with Mr. Ward and his client and Mr. Ko about the partnership for space and arrangement with the City --it just gets the City/Agency off of ground zero. Mr. Ward stated that he understood that, and their position would be that they want the Council and staff to know that they are interested in working with the Agency and having an ongoing dialogue with the City with the idea that they would be able to retain some type of ground lease interest in the property. No other comments were received. 18 10/16/2006 Council Member/Commissioner McCammack stated that it did not appear to her that what Mr. Ward was hoping the City would do was provided for in the document before the Council today. She stated she had reservations with approving the form motion, if in fact there are some legal issues as to who really owns the property —that she would hate to pay one person for the property, only to find out that the property really belongs to someone else. Mayor/Chairman Morris stated that the City/Agency would enjoin them all, and that is part of the reason for the action —that we are concerned about ownership and lease rights and this would frame it before a jurist, if need be, to declare all the respective rights of those engaged. Special Counsel Sabo stated that the Mayor was absolutely right, and once staff heard about all the competing interests here, they did name and intended to file against all of the people who claim an interest in this property. Secondly, with regards to negotiations, he reminded the Council/Commission that a couple of months ago they approved a similar resolution of necessity for the Ko property on the northeast corner of 5' and G Streets. Since then they have had negotiations and have a final Owner's Participation Agreement (OPA) with the Ko's on that property, subject only to a final determination of what the value is. He pointed out that this is an example where the Council/Commission authorized the resolution of necessity and still continued negotiations, and they would be doing the same thing here. He added that staff is willing to sit down and work with anyone who wants to talk to staff and work out an OPA. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. CDC/2006-45 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCammack. Absent: None. Vacant: Third Ward. R33. Hearing - Resolution of public interest and necessity for acquisition of real property at the northwest comer of Rialto Avenue and Allen Street (Bonnie Johnson - APN: 0135-292-39) 19 10/16/2006 Resolution of the San Bernardino City Housing Authority declaring the public interest and necessity of acquisition of real property by the San Bernardino City Housing Authority over the property located at the northwest corner of Rialto Avenue and Allen Street, San Bernardino, California (Bonnie Johnson - APN: 0135-292-39) in the Inland Valley Development Agency (IVDA) Redevelopment Project Area Meadowbrook Neighborhood Restoration Area. Note: No backup materials were distributed. Council Member/Commissioner Johnson stated that he would abstain on this item because the property is owned by his aunt, who is also his employer. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, McCammack. Nays: None. Abstentions: Council Member/Commissioner Johnson. Absent: None. Vacant: Third Ward. R34. Public hearing - Disposition and Development Agreement (DDA) for development of a shopping center - La Placita on 2°" Street, - Uptown Redevelopment Project Area Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the sale of certain Property as identified in the 2006 Disposition and Development Agreement ("DDA") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and La Placita at 2°" Street, a California Limited Liability Corporation ("Developer") and accepting the Community Development Commission's certain environmental findings related to the development of the proposed project. (R34A) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the 2006 Disposition and Development Agreement ("DDA") by and between the Agency and La Placita at 2°" Street, a California Limited Liability Corporation ("Developer") and making certain environmental findings thereto related to the development of the project. (R34B) 20 10/16/2006 Note: No backup materials were distributed. Council Member/Commissioner McCammack stated that she would abstain on this item because she owns property in the Uptown Redevelopment Project Area. She left the Council Chambers and returned after the vote was taken. Mayor/Chairman Morris opened the hearing. It was noted that staff was asking for a continuance of this matter to the next meeting. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/ Commission meeting of November 6, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. Vacant: Third Ward. PLANNING 35. Public hearing - Appeal of Planning Commission revocation of a permit to operate a small container recycling facility at 1620 W. Baseline Street in the CG-I, Commercial General land use district (Development Permit Type 1 No. 06-054 - Appeal No. 06-13) Mayor/Chairman Morris opened the hearing. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated he was very supportive of recycling, however, one of the problems is that a lot of poor people participate in this activity. He stated that the reasons stated for revoking the permit were loitering, accumulation of debris, and abandoned shopping carts. He noted that when poor people congregate it is called loitering, and in his opinion there were no grounds to fairly shut down this business. It was noted that staff was requesting a continuance of this item. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/Commission meeting of November 6, 2006, at 4:30 p.m. 21 10/16/2006 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 36. An Ordinance of the City of San Bernardino adding Chapter 15.26 to the San Bernardino Municipal Code relating to posting of information on all multifamily rental units. FIRST READING Deputy City Attorney Jolena Grider stated that pursuant to the Mayor's request, the City Attorney's office had researched and drafted this ordinance that will require owners of multifamily rental units to post the properties not only with their name and phone number, but the name and phone number of someone who is available 24 hours per day, seven days a week. Then, if there is a problem, not only will the tenants know how to get in touch with someone, but the City and other people in the neighborhood will also know how to get in touch with someone. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be referred to the Legislative Review Committee. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 37. Public Comments Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, provided the Mayor and Council with copies of a chapter from his book regarding corruption inside the war on drugs. NBL Consider action to become sponsor of Congressman Jerry Lewis Endowed Scholarship in Water Resource Studies - California State University, San Bernardino Council Member/Commissioner Baxter brought forward a letter dated October 4, 2006, from Albert K. Karnig, President, California State University, San Bernardino, regarding a sponsorship for the Congressman Jerry Lewis Endowed Scholarship in Water Resource Studies, and requested that the Council take action on this matter during the Council meeting. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the need to take action on this matter arose subsequent to the posting of the agenda. 22 10/16/2006 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. Senior Assistant City Attorney Calkins advised that since the letter was dated October 4, 2006, and was received in the Council Office on October 6, 2006, it did not pass the legal test of being a matter that arose subsequent to the posting of the agenda. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Derry, Kelley, McCammack. Nays: Council Members/Commissioners Baxter, Johnson. Absent: None. Vacant: Third Ward. Council Member/Commissioner McCammack asked for a legal opinion as to whether this item was actually something that should come before the Council for consideration. NB2. Determination of a local emergency - damage caused by intense rains RES. 2006-373 - Resolution of the Mayor and Common Council of the City of San Bernardino proclaiming the existence of a local emergency and the issuance of a proclamation declaring the existence of a local emergency. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the need to take action on this matter arose subsequent to the posting of the agenda. Mayor Morris explained that this was an emergency matter involving a resolution of the Mayor and Common Council to proclaim the existence of a local emergency and the issuance of a proclamation declaring the existence of that local emergency. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that full reading of the resolution be waived; and that said resolution be adopted. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 23 10/16/2006 38. Adjournment At 5:39 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, November 6, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 40 No. of Hours: 4 RACHEL G. CLARK City Clerk By: Linda E. Hartzel Deputy City Clerk 24 10/16/2006