Loading...
HomeMy WebLinkAbout04-02-2007 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 Tobin Brinker Neil Derry Chas Kelley Rikke Van Johnson Wendy McCammack MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING APRIL 2, 2007 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 1:33 p.m., Monday, April 2, 2007, 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 Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner Estrada. 1. Closed Session A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Abdullah, et al. v. City of San Bernardino Valley Municipal Water District - San Bernardino Superior Court Case No. SCVSS 126706; Adams v. City of San Bernardino and San Bernardino Valley Municipal Water District - San Bernardino Superior Court Case No. SCVSS 126708; Patrick Major v. San Bernardino Fire Department, City, et al. - San Bernardino Superior Court Case No. SCVSS 129136. 1 04/02/2007 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: Inland Communities Corp. v. City of San Bernardino, et al. (Paradise Hills) Does 1-200 v. City of San Bernardino C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. Does 1-200 D. Closed Session - personnel - pursuant to Government Code Section 54957: Contract Extension Economic Development Agency Executive Director Appointment Director of Parks & Recreation 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): General Unit San Bernardino Confidential Management Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Central City North Redevelopment Project Area 1. Property Address: 746 West 5' Street, San Bernardino APN: 0134-054-07, 08 and 09 2 04/02/2007 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Richard P. Chalk on behalf of The Salvation Army, property owner/seller Under Negotiation: Purchase price, terms, and conditions 2. Property Address: 755 West 5' Street, San Bernardino APN: 0134-093-40 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Dashrath B. Patel, Premila D. Patel, Sweta S. Patel Living Trust, Sweta S. Patel Trustee, property owners/sellers Under Negotiation: Purchase price, terms, and conditions City Attorney Penman announced that one additional matter would be discussed in closed session under Agenda Item No. 1B, Significant Exposure to Litigation, pursuant to Government Code Section 54956.9 (b) (3) (A), facts and circumstances that might result in litigation against the local agency but which the local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. City Attorney Penman announced that the following additional case had been discussed in closed session: Daniel Martinez v. City of Highland, et al. - San Bernardino Superior Court Case No. SCVSS 130981. Closed Session Announcement City Clerk Clark announced that during closed session the following action had been approved: Motion made by Council Member/Commissioner Brinker, seconded by Council Member/Commissioner Baxter, to approve a first amendment to the employment agreement between Margarita Pacheco, Executive Director, Economic Development Agency, and the Redevelopment Agency of the City of San Bernardino. The motion carried by the following vote: Ayes: Council Members/ Commissioners Baxter, Brinker, Johnson. Nays: Council Members/ Commissioners Derry, Kelley, McCammack. The tie vote was broken by a vote in favor by Mayor/Chairman Morris. Council Member/Commissioner Estrada Arrived At 3:30 p.m., Council Member/Commissioner Estrada arrived at the Council/ Commission meeting. 3 04/02/2007 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. Invocation/Pledge of Allegiance The invocation was given by Council Member/Commissioner Johnson, followed by the pledge of allegiance, led by Council Member/Commissioner Derry. Moment of Silence Mayor Morris extended condolences to the families and requested a moment of silence in memory of David Galvan, a native of San Bernardino with a passion for ballroom dancing, who passed away at the age of 81; Robert Alvarez, a teacher and principal who was recognized as one of the first Mexican -American school principals in San Bernardino County; and Alice Page Featherstone, owner/proprietor of Alice's Boutique Antiques Collectibles and Gifts in the Carousel Mall. 2. Appointments There were no commission appointments. 3. Proclamations & Presentations Mayor/Chairman Morris presented the 2006 Employee of the Year award to Laura King, Payroll Supervisor in the Finance Department, who was recognized for her exceptional performance in her high volume position. Doug Rowand, Executive Director, Arrowhead United Way, presented the Perpetual Trophy for outstanding giving for the eighth year in a row to Mayor/Chairman Morris, recognizing City employees for their generous support; and Annette Kelley, the City's loaned executive, was presented a Certificate of Commendation by Mayor/Chairman Morris for her role in this year's AUW fundraiser. Mayor/Chairman Morris presented a Certificate of Appreciation to Sharon Gaitain Blechinger, owner of The Mexico Caf6, who recently organized her third annual "Dollars for Dogs" fundraiser, raising nearly $17,000 for the Police Department's canine unit. 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. 4 04/02/2007 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6. Council Minutes Council Member/Commissioner Kelley requested that approval of the minutes be continued to the next meeting so that his comments from the meeting of February 5, 2007, could be included in the minutes. Council Member/ Commissioner McCammack stated that she assumed her comments would be added to the minutes as well. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that approval of the minutes of the following meetings of the Mayor and Common Council and Community Development Commission of the City of San Bernardino be continued to the Council/Commission meeting of April 16, 2007: February 5, 2007; February 20, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7. Claims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated March 15, 2007, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 5 04/02/2007 3 E Personnel Actions Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Chief Examiner, dated March 28, 2007 in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. RES. 2007-96 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the Code Enforcement Department's Volunteer Program and acknowledging that the City will provide said volunteers with Worker's Compensation coverage while they are providing services for the City. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-96 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. Council Committee Assignments Legislative Review Committee - Chas Kelley, Chair; Tobin Brinker, Neil Derry Personnel Committee - Wendy McCammack, Chair; Dennis Baxter, Tobin Brinker Grants Ad Hoc Committee - Wendy McCammack, Chair; Dennis Baxter, Tobin Brinker Police Ad Hoc Committee - Chas Kelley, Chair; Tobin Brinker, Rikke Van Johnson Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Derry, that the Council Committee assignments requested by Councilwoman Esther Estrada, be approved, to include the new Education Bridge Ad Hoc Committee to be comprised of three Council members with Council Member Brinker as chair. The motion carried Commissioners Es McCammack. Nays: by the following vote: trada, Baxter, Brinker, None. Absent: None. Ayes: Council Members/ Derry, Kelley, Johnson, 0 04/02/2007 11. RES. 2007-97 - Resolution of the City of San Bernardino approving an Agreement for Professional Design Services with Transtech Engineers, Inc. to realign Viaduct Boulevard between 2°d Street and 3'd Street (SS07-32). Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Finance be authorized to amend the FY 2006/07 budget by transferring $80,000 from Account No. 129- 367-5504-7156 "Street and Safety Improvements (SS-C)" to a new Account No. 129-367-5504-7741 "Realign Street on Viaduct Boulevard between 2' Street and 3m Street (SS07-32)"; that the Director of Finance be authorized to amend the FY 2006/07 budget by transferring $40,725 from Account No. 250-370- 5504-7338 "City -Wide Traffic Signal Improvements" to a new Account No. 250-370-5504-7740 "Install Traffic Signal at Realigned Viaduct Boulevard and 2" Street (TC08-01); and that said resolution be adopted. The motion carried and Resolution No. 2007-97 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. RES. 2007-98 - Resolution of the City of San Bernardino approving Amendment No. 3 to Agreement for Services with Transtech Engineers, Inc. for Professional Civil Engineering Plan Checking Services. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-98 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2007-99 - Resolution of the City of San Bernardino amending Resolution No. 8234 entitled, in part, "A Resolution... establishing parking time limitations upon certain designated streets, alleys, or portions thereof..." to establish a three hour parking time limitation on Auto Center Drive, Show Case Drive North, and Show Case Drive South in the area of the San Bernardino Auto Center. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-99 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7 04/02/2007 14. RES. 2007-100 - 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 Chiquita Lane and Date Street 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. 1060; preliminarily approving the Engineer's Report and giving notice of a public meeting and public hearing. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, 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 Chiquita Lane and Date Street Area (Tract Map No. 17576), to be known as Assessment District No. 1060; and that said resolution be adopted. The motion carried and Resolution No. 2007-100 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2007-109 - Resolution of the City of San Bernardino establishing fair market value of certain real property located along the west side of Victoria Avenue, north of Highland Avenue, being an easement for road purposes across portions of two contiguous parcels of real property referenced as Assessor's Parcel Numbers 0285-164-01 and 0285-742-05, relative to the widening of Victoria Avenue. Council Member/Commissioner McCammack stated that she would abstain on this item because the San Manuel Band of Mission Indians is a business client. She left the Council Chambers, returning after the vote was taken. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-109 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. 8 04/02/2007 16. Authorize the Director of Development Services to execute Contract Change Order No. One to contract with 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 Project Plan No. 11646. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Development Services be authorized to execute Change Order No. One in the amount of $32,114 to contract with 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 Project Plan No. 11646. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. Authorization to proceed, resolution of intention and resolution approving Annexation Map No. 1 relative to Community Facilities District No. 1033 (Verdemont Fire Station). RES. 2007-101 - A Resolution of the Mayor and Common Council of the City of San Bernardino declaring its intention to authorize the annexation of territory (Annexation No. 1) to Community Facilities District No. 1033. (17A) RES. 2007-102 - A Resolution of the Mayor and Common Council of the City of San Bernardino, California, adopting an annexation map showing territory (Annexation No. 1) proposed to be annexed to Community Facilities District No. 1033. (17B) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Development Services and the City Clerk be authorized to proceed under Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended, with Community Facilities District No. 1033 Annexation No. 1 for Tentative Tract No. 14881, Tentative Tract No. 17716 and Development Permit II No. 05-35; and that said resolutions A&B, be adopted. 9 04/02/2007 The motion carried and Resolution Nos. 2007-101 and 2007-102 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2007-103 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of four project applications for FY 2007 Highway Safety Improvement Program (HSIP) funding. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-103 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2007-110 - Resolution of the Mayor and Common Council of San Bernardino authorizing the execution of a contract with and issuance of a purchase order to Phoenix Group Information Systems for parking citation processing in the City of San Bernardino. Council Member/Commissioner McCammack stated that she had several concerns relative to "farming out" the parking citation process. She noted that the staff report mentioned the difficulty of keeping staff because of the contentious nature of that particular position, especially if people feel they have been ticketed erroneously or unfairly; however if we farm this out to a contractor, her worry is that the public will then have no real opportunity to have a second chance to discuss these issues. City Manager Wilson advised that this contract essentially out -sources the parking citation service, which is currently taking place in the basement of City Hall. He stated that currently someone can come into the basement of City Hall and register their concern about a parking citation. If this contract is approved, this process would then be handled through the Phoenix Group via an 800 number. He stated that he believed Ms. McCammack's question may be whether this is the best way to handle this, or should it be done with in-house staff. He stated that staff's position is that 1) it is contentious, and 2) it's difficult to keep someone in that position because of the nature of the job. He stated that the Phoenix Group is essentially saying, "we can do it all," but the trade-off is that the public must call and talk to somebody at a number registered to the service versus talking to a person working in the basement of City Hall. 10 04/02/2007 Council Member/Commissioner Kelley stated that Council Member/ Commissioner McCammack had made some valid points; however, he had pulled the item simply because he had some concerns about deleting a customer service position, and he didn't believe that we as a municipality should be looking under every rock to generate revenue; therefore, his position would be to cast a "no" vote. James Sharer, Director of Facilities Management, stated that the actual computer element of processing parking citations has been out -sourced since 1999; however, the issue being discussed today is the customer service issue. He stated that staff is looking at ways to mitigate some of the employee issues that have come up where we are putting some of our employees in a potentially hazardous environment —people coming in and having serious issues over parking citations. He advised that various counties and other cities in the area, instead of having a public counter for parking citations, have out -sourced this element of the process also, and we are following in that suit. He explained that the initial phone calls would be made to an 800 number, using a process that we have worked out with the vendor and that we have used here at the City, answering people's questions and telling them their options, which are all detailed in the law. He noted that parking citations were decriminalized in 1994, so they are basically infractions, and all staff is trying to do is make the process simpler and cleaner for everyone. If they can't reach a resolution by talking to our contracted vendor, they will be able to talk to someone at City Hall. The vendor would put the party on hold, they would call our remaining customer service agent (currently, we have just one), and we would be able to deal with their questions directly. We are hoping that by doing it this way, we remove approximately 80 percent of the call traffic that comes to our counter and the phone calls to City Hall and actually provide the citizens with better customer service on these issues. Mayor/Chairman Morris asked whether there was a cost savings in this contract. Mr. Sharer advised that the City is currently paying our service provider for parking citation processing $1.53, and the new cost will be $1.26—so there will actually be cost savings with greater services provided. Council Member/Commissioner McCammack stated that first and foremost she had a concern about cutting positions. Secondly, she would be very upset if she found out that the out -sourcing was being done in another country. Mr. Sharer advised that the out -sourcing would be remote to our city and that the processing center is located in Santa Ana. 11 04/02/2007 Council Member/Commissioner Kelley stated that after hearing from each department head about our limited staffing ability, and that we always need more staff, he was reluctant to relinquish any customer service responsibility that we have now. However, regardless of the facts brought forward by Council Member/Commissioner McCammack, he would be voting "no" on this issue because he didn't think we should be out there nickel and diming our residents. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted; and that the Director of Facilities Management be authorized to send a Notice of Termination of Agreement 01-124 to the City of Inglewood. The motion carried and Resolution No. 2007-110 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: Council Member/Commissioner Kelley. Absent: None. 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Fire Chief to execute an agreement with the State of California Department of Transportation to use properties for conducting fire -related training activities. Note: No backup materials were distributed. City Attorney Penman requested that this item be continued for two weeks. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/Commission meeting of April 16, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners. Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2007-104 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and purchase order to Insurance Overload Staffing Systems for temporary staffing services in the amount of $55,000. 12 04/02/2007 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2006/07 Worker's Compensation budget and transfer $55,000 from Account No. 678-452-50xx (Salary and Benefits) to Account No. 678-452-5502 (Professional/Contractual) for temporary staffing services. The motion carried and Resolution No. 2007-104 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2007-105 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute Amendment No. 3 to the Professional Services Agreement with Kurt Wilson. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-105 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. Budget amendment to reflect the addition of four police officer (P-1) positions and authorization for the Director of Finance to amend the FY 2006-2007 adopted budget to increase Police Department salaries and benefits by $329,238, and to increase grant revenue in a corresponding amount to reflect the addition of four motor officer positions and the corresponding grant reimbursement from the California Office of Traffic Safety. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council authorize the addition of four (4) Police Officer (P-1) positions ($4,685-$6,442); that the Director of Human Resources be directed to update Resolution No. 97- 244 (Position Control) to reflect this particular action; and that the Director of Finance be directed to amend the FY 2006/07 adopted budget and increase Police Department salaries and benefits (Account No. 001-217-50xx) by $329,238, and to also increase grant revenue (Account No. 001-217-5910) in a corresponding amount to reflect the addition of four (4) motor officer positions and the corresponding grant reimbursement from the California Office of Traffic Safety. 13 04/02/2007 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. RES. 2007-112 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and Purchase Order in the amount of $199,200.00 with a one-year extension at the City's option between the City of San Bernardino and Guzman Construction Company for the repair of sidewalks, curbs, gutters and cross gutters at various locations throughout the City of San Bernardino. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-112 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. RES. 2007-106 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and increase a purchase order in the amount of $22,000.00 between the City of San Bernardino and Inland Presort and Mailing Services pursuant to 3.04.010 B.3. for refuse billing processing services utilized by the Public Services Department, Refuse Division. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-106 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. RES. 2007-111 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and purchase order in the amount of $2,022,955.00 with a one-year extension at the City's option, between the City of San Bernardino and Matich for street paving services utilized by the Public Services Department, Street Division. City Attorney Penman stated that in order to avoid the appearance of a conflict, Special Counsel Sabo had reviewed and signed the resolution because Matich had contributed to his campaign for re-election as city attorney. 14 04/02/2007 Council Member/Commissioner Kelley noted that red lines on our streets indicate those streets that need the most attention, and in some cases those streets needed attention a few years back. He stated that he had noticed that in this item we have a great deal of work that is going to be done, and he inquired whether any cost savings from the repair of red line streets could be used for the repair (slurry seal) of the blue line streets. City Manager Wilson stated he was sure that would be possible. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-111 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. RES. 2007-107 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and Purchase Order in the amount of $284,000.00 between the City of San Bernardino and Pavement Recycling Systems, Inc. for, cold planing services, labor and equipment rental for city street repairs. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-107 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28. RES. 2007-108 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the increase of a purchase order in the amount of $1,763,841.00 between the City of San Bernardino and the County of San Bernardino Solid Waste pursuant to 3.04.010 B.3. of the Municipal Code for trash disposal dump waste fees utilized by the Public Services Department, Refuse Division. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-108 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29. Item Deleted 15 04/02/2007 30. Presentation - status of LNR/Carousel Mall project - Economic Development Agency Boardroom (Continued from March 19, 2007) Mayor/Chairman Morris indicated that the LNR/Carousel Mall project was a 45-acre project known as Court Street West, and that LNR had purchased the properties one year ago, with the idea of a mixed -use project for the City. Seelye Arms, representing LNR, stated that this project would introduce residential stakeholders, and they hope that the project will serve as a catalyst for future development. He stated that LNR is committed to this project and has been meeting with Planning Department staff regarding the Court Street West Specific Plan. Guy Ferris, architect for the project, made a short PowerPoint presentation focusing primarily on the architecture of the project. He stated that the plan is to replace an obsolete retail structure with a housing and mixed -use project to bring renewed vitality to the area. He noted that the project is not San Francisco, but it is not a suburban development either —it is something in between, in line with the village in Claremont. Mr. Ferris explained that the project will be successful due to several components such as its critical mass-750 homes with 35 units to the acre, with potential for some retail and some live/work opportunities. He advised that there will be no gates and the project will be integrated with the remainder of the downtown. He pointed out that the plan showed several blocks and the size of the blocks is very important. There will be diversity in the buildings, with placement of the buildings being very important —all of them will be right on the street. The streets will be very narrow and walkable —there will be parking on them and the speed will be slow with no gates and no cul-de-sacs. He stated that a community park space is integral to the design, and all cars will be behind the buildings where they will not be seen. Mayor/Chairman Morris advised that there are now weekly meetings between the City and LNR relative to this project. Council Member/Commissioner Estrada asked when the project would get to the stage where the Council members can see what the project is going to look like. She stated that there were an enormous amount of questions regarding the entire project, such as the parcels that have not yet been acquired. She stated that she was hoping to learn something new about where they were going with this —that she was concerned and disappointed that they didn't tell her anything new today —that she was interested in learning what their timeline is, what is the schedule for the project. 16 04/02/2007 Mr. Seelye advised that they hope to get started next year, but they can't control the market. He stated that they want to provide a plan that the Council expects, but they have to balance that —they don't control the parcels they don't own, although they recognize them and have addressed them in the Environmental Report. It was noted that meetings would continue between the developer and the Planning Department. COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack; Economic Development Agency Executive Director Pacheco and Special Counsel Sabo, City Clerk Clark. Absent: None. R31. Exclusive Right to Negotiate Agreement with Meadowbrook Park Homes, Inc. - Rudy Hernandez Center (Central City East Redevelopment Project Area) RES. CDC/2007-8 - 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 an Exclusive Right to Negotiate Agreement by and between the Agency and Meadowbrook Park Homes, Inc. ("Developer"), to explore the redevelopment of the Rudy Hernandez Center (Central City East Redevelopment Project Area). Maggie Pacheco, Executive Director, Economic Development Agency, advised that this item requests the Mayor and Common Council to consent to the Agency entering into a exclusive right to negotiate agreement with Meadowbrook Homes, also known as ANR Industries. She noted that the agreement is essentially a study agreement —that it would allow ANR, acting as Meadowbrook Park Homes, to explore the possibility of redeveloping the Rudy Hernandez Center. She noted that the developer has submitted a conceptual proposal to look at the prospect of using the Hernandez Center as an opportunity for a mixed -use development; and in that regard there are some things that would have to be considered. Ms. Pacheco stated that at the request of Council Member Estrada, they had looked at the prospect of Rudy Hernandez Center in terms of the same kind of use and programs that it is currently providing, and whether the center is in fact under utilized or being fully utilized; and part of that analysis would form the basis for preparing this agreement. She stated that this is not a commitment in any way, shape or form, by the City or the Agency —it is simply a study agreement to allow ANR the opportunity to review different opportunities for 17 04/02/2007 development with an eye toward looking at single family residential along with mixed uses. She pointed out that there are some prerequisites in the agreement that would have to be dealt with, and one of them is that there is a covenant on the property that states that the property must be used strictly for park purposes, which means the park and the center must be replaced, and that would be one of the components that would have to be negotiated and worked out with Meadowbrook Homes. Council Member/Commissioner McCammack noted that the conversation with the developer was to replace the community center, or to put up money for the City to replace the community center. Ms. Pacheco stated that part of the feasibility analysis would consider the replacement of the center, and they would have to work out the economics of that, such as what is the value of the facility —and that is to replace that facility at another location, if we get to that point. And that would be one of the negotiating points with the developer, because without the replacement, then obviously the development would not be possible. Ms. Pacheco advised the Council members that although they did not have page 14 in their packets, which was the signature page of the agreement, she did have page 14, and she had signed the agreement. Council Member/Commissioner McCammack stated that she hoped the Council/Commission would not just ask the developer for a check, but that they would actually force them to replace the center. Council Member/Commissioner Estrada advised that they have looked at the potential replacement of that center in a park site that is already there at Rialto and Allen, and the expansion and beautification of that area, so all of that would have to be written into an agreement. She reiterated that the action today was for the purpose of having a study done to determine the feasibility of all of this. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council of the City of San Bernardino consent to an Exclusive Right to Negotiate Agreement by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and Meadowbrook Park Homes, Inc. ("Developer"), to explore the redevelopment of the Rudy Hernandez Center (Central City East Redevelopment Project Area); and that said resolution be adopted. 18 04/02/2007 The motion carried and Resolution No. CDC/2007-8 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R32. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute (1) a Redevelopment Cooperation Agreement by and between the Agency and Inland Valley Development Agency ("IVDA") and (2) a Single Family Inclusionary Housing Owner Participation Agreement ("OPA") by and between the Agency and GFC Enterprises, LLC for the development of Lynwood Housing Development (IVDA Redevelopment Project Area). Staff advised that the developer had requested that this item be continued to May 7, 2007, to allow them time to make sure that the language in the agreement is acceptable to the lender providing the financing for this particular project. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of May 7, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. PLANNING 33. Public hearing - General Plan Amendment No. 05-04 to change the land use designation of approximately 2.5 acres from IL, Industrial Light, to RU, Residential Urban; Tentative Tract Map No. 17239 to create a one -lot subdivision; and Development Permit III No. 05-10 to construct 95 detached single-family condominium units (See related Agenda Item No. 34.) RES. 2007-113 - Resolution of the City of San Bernardino adopting General Plan Amendment No. 05-04 to the General Plan of the City of San Bernardino, to amend the General Plan Land Use Designations from IL, Industrial Light, to RU, Residential Urban, for 2.5 acres located at the northwest corner of Walnut Street and Artesian Avenue. Note: Agenda Item Nos. 33 and 34 were considered simultaneously by the Mayor and Common Council. Mayor/Chairman Morris opened the hearing. 19 04/02/2007 Valerie Ross, Director of Development Services, noted that Agenda Items Nos. 33 and 34 were two separate projects; however, they were related. She advised that the project for Item No. 33 is on the north side of Walnut —a one -lot condominium with 95 detached single-family homes, ranging from almost 1,900 to 2,300 square feet. She stated that there was a general plan amendment associated with the project to change part of the property from light industrial to residential. She noted that for this project the applicant has relocated, and is in the process of relocating residents of the existing mobile home park that is located there. Ms. Ross advised that Item No. 34 is across the street on the south side of Walnut —a small lot subdivision with 47 single-family lots/homes. She stated that the general plan amendment will change the zoning on the site from heavy industrial to residential. She stated that the houses are different from the condominium project, but comparable in size. She stated that each project area provides 15 percent open space, and each includes a pool and spa, parks, and other amenities. Ms. Ross stated that initial studies were prepared for each project, and mitigated negative declarations are recommended. She noted that, like most development projects, there are a lot of mitigation measures related to construction activities. In addition, for the project on the south side, there are mitigation measures related to noise attenuation because that project site is adjacent to a 24-hour tow facility. Ms. Ross stated that staff was recommending that the Mayor and Common Council approve each item as noted on the agenda. Augustin Rodriguez, ANR Homes, stated that the project area is in desperate need of development, and it is a great opportunity for them and for the City to bring forward the type of development they are proposing. Mr. Rodriguez made a PowerPoint presentation showing their vision for the two developments. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to Steve Johnson that he would provide true and honest testimony. Steve Johnson, President, Tri-City Towing, 1661 West Walnut Street, San Bernardino, CA stated that he supported the project, but he had concerns regarding the noise from his business and the railroad. He asked the City to consider making the west side wall some type of sound wall to protect the residents from the noise. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; that the Mayor and Common Council adopt the Mitigated Negative Declaration and Mitigation 20 04/02/2007 Monitoring/Report Plan; that the Mayor and Common Council approve Tentative Tract Map No. 17239 and Development Permit III No. 05-10 based upon the Findings of Fact contained in the Planning Commission staff report, subject to the amended Conditions of Approval and Standard Requirements; and that said resolution be adopted. The motion carried and Resolution No. 2007-113 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 34. Public hearing - General Plan Amendment No. 06-01 to change the land use designation of approximately 10.23 acres from IH, Industrial Heavy, to RU, Residential Urban; Tentative Tract Map No. 17754 to create a small lot subdivision; and Development Permit III No. 06-05 to construct 47 single- family homes (See related Agenda Item No. 33.) RES. 2007-114 - Resolution of the City of San Bernardino adopting General Plan Amendment No. 06-01 to the General Plan of the City of San Bernardino, to amend the General Plan Land Use Designations from IH, Industrial Heavy, to RU, Residential Urban, for 10.23 acres located on the south side of Walnut Street west of an extension of Artesian Avenue. Mayor/Chairman Morris opened the hearing. See comments under Agenda Item No. 33. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; that the Mayor and Common Council adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Plan; that the Mayor and Common Council approve Tentative Tract Map No. 17754 and Development Permit III No. 06-05 based upon the Findings of Fact contained in the Planning Commission staff report, subject to the amended Conditions of Approval and Standard Requirements; and that said resolution be adopted. The motion carried and Resolution No. 2007-114 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 35. Public Comments Roger Henderson, 2516 Valencia, San Bernardino, CA, stated that the mayor is unwilling to share figures with the citizens of the city relative to what is being spent and where it is being spent. He stated that the mayor talks down to the 21 04/02/2007 Council, and suggested that the mayor should listen to what the Council members have to say. Dave McCammack, 634 E. Parkdale Drive, San Bernardino, CA, spoke regarding the lack of information the public has been given relative to the costs associated with Operation Phoenix and the associated crime spill -over. He took exception to the mayor using the word "venal" in reference to some of the Council members during his State of the City address, stating that he thought the mayor owed the Council an apology. Manfred Gildner, 4665 David Way, San Bernardino, CA, spoke regarding the deregulation of Edison and the 4,500 customers who were transferred from region 17 to region 16, and the subsequent increases to their electric bills. Tierney Harris, 2025 Sunrise Lane, San Bernardino, CA, expressed support for Council Member McCammack, stating that she does an outstanding job, showing courage and strength in her decisions. Ruben Lopez, 2648 Valencia, San Bernardino, CA, stated he was ashamed of the mayor for referring to some of the Council members as venal; stated that if an illegal alien commits a crime it is up to the police to ask for identification or papers, and if they don't have them, they need to call immigration; spoke regarding Assessment District 994, Measure S, and a government grant of $4.1 million given to the City for more police officers; and stated that we need more police officers in the city. Joe Ortiz, 387 West 25' Street, San Bernardino, CA, stated that the majority of the Council members are doing a great job; and spoke regarding a letter writer to The Sun who was obviously an advocate for the "do not hear, do not see, do not speak" politicians who blindly follow the mayor and his son without question. He stated that San Bernardino's most successful reduction in crime will come when the mayor deploys the additional 40 officers on the street that he promised during his campaign. Cathy Hartley, 3066 Parkside Drive, San Bernardino, CA, questioned why there is so much controversy regarding Measures YY and Z and advocated hiring police first and funding social programs second. Mike Hartley, 3066 Parkside Drive, San Bernardino, CA, commented on an article written by Frank Guzman regarding the neighborhood associations, which stated that Guzman was on the executive committee for Operation Phoenix. He stated that some of the neighborhood association presidents have forgotten why they were brought about and like dabbling in politics. He stated that his problem was code enforcement —that without good code enforcement, 22 04/02/2007 you have no neighborhood associations. He stated that after the City hires 40 police officers they need to hire 40 code enforcement officers. Lynette Kaplan, 3793 West Meyers Road, San Bernardino, CA, spoke regarding comments made by the mayor in his State of the City address. Hank Mitchell, 3766 Belmont Avenue, San Bernardino, CA, stated that there should be no more funding for Operation Phoenix from Measure Z or the General Fund until there is an independent audit of Operation Phoenix for public dissemination. He encouraged the Council members to stay to their independent courses and keep honesty and integrity at the forefront. He criticized the mayor's recent comments made during his State of the City address. Frank Guzman, 415 West 24' Street, San Bernardino, CA, chairman of the Executive Neighborhood Committee, stated that the committee had been tasked with coming up with a plan and policies, and with developing standard letters and standard block maps to assist the City and its citizens in regard to Neighborhood Watch and Neighborhood Cluster Associations. He stated that they do not cost anybody anything —they are not on anybody's payroll. Jim Smith, 1156 East 24' Street, San Bernardino, CA, spoke regarding the findings of the audit of the City, stating that he took exception to the comments regarding the libraries —that it would be a tragedy if we have to close the libraries. 34. Adjournment At 6:47 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, April 16, 2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 34 No. of Hours: 5.25 RACHEL G. CLARK CitypClem By: 9L Linda E. Hartzel Deputy City Clerk 23 04/02/2007