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HomeMy WebLinkAbout04-16-2007 MinutesCITY OF SAN BERNARDINO 300 M `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 McCamntack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING APRIL 16, 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 1:35 p.m., Monday, April 16, 2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by Assistant City Clerk Medina with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Baxter, Brinker, Derry, Johnson, McCammack; City Attorney Penman, Assistant City Clerk Medina, City Manager Wilson. Absent: Council Members/Commissioners Estrada, Kelley. Council Member/Commissioner Estrada Arrived At 1:37 p.m., Council Member/Commissioner Estrada arrived at the Council/ Commission meeting. Council Member/Commissioner Kelley Arrived At 1:45 p.m., Council Member/Commissioner Kelley arrived at the Council/Commission meeting. 1. Closed Session Pursuant to Government Code Section(s): 1 04/16/2007 A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): City of San Bernardino v. California Electric Power Company, et al. - San Bernardino Superior Court Case No. SCVSS 134263; Patel, Pravin D., et al. v. City of San Bernardino - United States Supreme Court Case No. 06-1118; Peggy Jean Bateman v. City of San Bernardino - Workers' Compensation Appeals Board No. SBR 0324270. 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). C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Negotiator: Linn Livingston, Human Resources Director Employee Organizations: Mid -Management Unit G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 2 04/16/2007 North 1. Property Address: 795 West 5' Street, San Bernardino APN: 0134-093-41 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Tien Lee International Limited Corp., property owner/seller Under Negotiation: Purchase price, terms, and conditions 2. Property Address: 770 West 5' Street, San Bernardino APN: 0134-054-26 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Raul M. Najera and Catalina A. Barrera Cantoran, property owners/sellers Under Negotiation: Purchase price, terms, and conditions 3. Property Address: 755 West 5' Street, San Bernardino (Royal Motel Site) APN: 0134-093-40 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as property owner, and the Salvation Army, potential lessee Under Negotiation: Lease, terms and conditions 4. Property Address: 723-739 West 5' Street, San Bernardino APN: 0134-093-07 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Walter L.B. Ammons, property owner/seller Under Negotiation: Purchase price, terms, and conditions 5. Property Address: 673 West 5' Street, San Bernardino APN: 0134-101-02 and 03 3 04/16/2007 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as Buyer, and San Bernardino School Property, a general partnership, and Gerardo Garcia, property owners/sellers Under Negotiation: Purchase price, terms, and conditions City Attorney Penman announced that two additional matters would be discussed in closed session under Agenda Item No. 1B, Significant Exposure to Litigation: Legal issues regarding Agenda Item Nos. 32 and 36. Special Counsel Sabo announced that due to partial omission of Agenda Item No. G5, Conference with real property negotiator, the following matter would be discussed in closed session: Property Address: 673 W. 5' Street, San Bernardino APN: 0134-101-02 and 03 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as Buyer, and San Bernardino School Property, a general partnership, and Gerardo Garcia, property owners/sellers Under Negotiation: Purchase price, terms, and conditions Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Reverend Petra Malleis-Sternberg of First Congregational United Church of Christ, followed by the pledge of allegiance, led by Rafael Cazares from Alessandro School. Moment of Silence Mayor/Chairman Morris extended condolences to the families and requested a moment of silence in memory of those who lost their lives today at Virginia Tech. 2. Appointments Council Member Brinker • Steven Rodriguez, Jr. - Animal Control Commission Council Member McCammack • Tierney Harris - Community Television Commission • Frank Guzman - Board of Police Commissioners 04/16/2007 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner McCammack, that the appointments of Steven Rodriguez, Jr. to the Animal Control Commission, Tierney Harris to the Community Television Commission, and Frank Guzman to the Board of Police Commissioners, as requested by Council Members Brinker and McCammack, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 3. Presentations & Proclamations Mayor/Chairman Morris and Fire Chief Mike Conrad presented a Certificate of Recognition to Deputy Fire Chief Mat Fratus for being selected as the recipient of the FEMA "2006 Executive Fire Officer Program Outstanding Applied Research Project Award" for his paper entitled, "High Reliability Organization Theory and the San Bernardino City California Fire Department. " Peggi Hazlett, Assistant to the Mayor, announced that last week a proclamation was mailed to Agnes Gibboney, Leader of the Inland Empire Chapter of Parents of Murdered Children (POMC) serving San Bernardino, Riverside, and Eastern Los Angeles Counties. The Mayor and Common Council proclaimed the week of April 22-28, 2007, as National Crime Victim's Week. Peggi Hazlett, Assistant to the Mayor, read the names of the following individuals who were presented a service pin award by Mayor/Chairman Morris in recognition of their many years of dedicated service to the City: Name Department Darian Ford Animal Control Rudy Olguin Fire James Sheridan Fire Edward Erjavek Library Jesus Sandoval Parks, Recreation & Community Services Jill Fonzi Police Michelle Ulloa Police 4. Announcements Years of Service 5 35 30 10 10 10 5 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 04/16/2007 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. 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 April 5, 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. 7. 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 April 12, 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. 8. RES. 2007-115 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between the law firm of Arias & Lockwood and the City of San Bernardino in Matter of Marc Stephen Maxey, et al. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-115 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6 04/16/2007 9. Item Deleted 10. RES. 2007-116 - Resolution of the City of San Bernardino objecting to the May 2007 Tax Sale of Properties with City assessments. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-116 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. Authorize the Director of Development Services to execute Contract Change Order No. One to the contract with Powell Engineering Construction for drainage improvements and pavement rehabilitation on Bailey Court (SD04- 14), per Project Plan No. 11248 Council Member/Commissioner Kelley asked the City Manager where they were with the Verdemont Infrastructure fees and when they would receive a report from the consultant. City Manager Wilson stated that they did receive some draft numbers from the consultant, but they are very high. He stated that in order to make it work they would have to go back and rework some of the numbers so they could be development -friendly and also address the needs in the Verdemont area. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the Director of Development Services be authorized to execute Change Order No. One in the amount of $22,840.32 to a contract with Powell Engineering Construction for drainage improvements and pavement rehabilitation on Bailey Court (SD04-14), per Project Plan No. 11248. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. RES. 2007-128 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a Contract to Roadway Engineering & Contracting, Inc. for storm drain and street improvements on Belmont Avenue, west of Little League Drive, per Project Plan No. 11528, and authorization for the Director of Finance to amend the FY 2006/07 Budget. 7 04/16/2007 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Finance be authorized to amend the FY 2006/07 budget by transferring $50,000 from Account No. 126- 369-5504-7362 (SS -I) "Residential Street Repairs" and $80,000 from Account No. 248-368-5504-7167 (SD -A) "Cross Gutter and Drainage Inlet Repairs" to Account No. 126-369-5504-7166 (SD-B) "Box Culvert Repairs;" and that said resolution be adopted. The motion carried and Resolution No. 2007-128 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2007-117 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Contract with and issuance of a purchase order to Best Roofing & Waterpoofing, Inc. DBA Best Contracting Services, Inc. for the roof replacement at Fire Station 224 per RFQ F-07-30. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-117 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. RES. 2007-118 - Resolution of the City of San Bernardino amending Resolution No. 6429, entitled in part "A Resolution ... establishing a basic compensation plan for officers and/or employees of the Police and Fire Departments of the City of San Bernardino." Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-118 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2007-119 - Resolution of the Mayor and Common Council of the City of San Bernardino in support of the 2006 Compact Amendment between the San Manuel Band of Mission Indians and the State of California. Council Member/Commissioner McCammack indicated that she would have to abstain on this matter due to the fact that San Manuel is one of her clients. 8 04/16/2007 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-119 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. 16. Item Deleted 17. RES. 2007-120 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Maintenance Agreement with Versatile Information Products for maintenance of the City's NICE logging recorder system, and ratifying any services previously provided from March 1, 2007. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-120 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2007-129 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an Agreement between the Guide Dogs of the Desert International and the San Bernardino Police Department for the donation of a canine to be used as a narcotics canine. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-129 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2007-121 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and increase to an annual purchase order in the amount of $30,000, with three (3) single year renewal options, to Arata Equipment Company for the purchase of specific Labrie Equipment parts and supplies utilized by the Public Services Fleet Division. 9 04/16/2007 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 Fleet and Refuse budgets as discussed in the staff report dated March 26, 2007, to reflect the additional $30,000 in supplies and parts costs. The motion carried and Resolution No. 2007-121 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2007-122 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and increase to an annual purchase order in the amount of $32,000.00, to McCray Enterprises of San Bernardino for medium and heavy-duty equipment and truck repair, including purchase of various related parts. 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 Fleet and Refuse budgets as discussed in the staff report dated March 26, 2007, to reflect the additional $32,000 in service and parts costs. The motion carried and Resolution No. 2007-122 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2007-123 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and increase to an annual purchase order in the amount of $20,000.00, to Poma Distributing Company, Inc., for automotive, heavy truck and heavy equipment lubricants. 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 Fleet budget as discussed in the staff report dated March 20, 2007, to reflect the additional $20,000 in lubricant costs. The motion carried and Resolution No. 2007-123 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10 04/16/2007 22. RES. 2007-124 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and increase to an annual purchase order in the amount of $19,000.00, to Pride Automotive for automotive, light and medium duty truck transmission service, repair and exchange for the City's fleet. 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 Fleet and Police budgets as discussed in the staff report dated March 9, 2007, to reflect the additional $19,000 in outside vehicle maintenance costs. The motion carried and Resolution No. 2007-124 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. RES. 2007-125 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an Agreement and increase to an annual purchase order in the amount of $10,000.00, to Tec of California for the purchase of specific equipment parts and supplies for the Public Services Refuse Fleet utilized by the Public Services Department Fleet Division. 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 Fleet and Refuse budgets as discussed in the staff report dated March 23, 2007, to reflect the additional $10,000 in parts and supplies costs. The motion carried and Resolution No. 2007-125 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. RES. 2007-126 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an Agreement and increase to an annual purchase order in the amount of $30,000.00, to "Y" Tires of Los Angeles for new and recapped tires, tubes and related repair services for City vehicles and equipment, to be utilized by the Fleet Division. 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 Fleet, Refuse, and Police budgets as discussed in the staff report dated March 21, 2007, to reflect the additional $30,000 in new and recapped tire costs. 11 04/16/2007 The motion carried and Resolution No. 2007-126 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. RES. 2007-127 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and Purchase Order to Fairview Ford of San Bernardino pursuant to Section 3.04.010 B-3 of the Municipal Code for nine (9) Year 2007 Ford Ranger pick up trucks to be utilized by the Parks, Recreation, and Community Services and Public Services Departments. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-127 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. Ordinance of the City of San Bernardino adding Chapter 2.23 to Title 2 of the San Bernardino Municipal Code establishing the Historical Preservation Commission. FIRST READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. Mid -Year Budget Review for Fiscal Year 2006/07 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the FY 2006/07 Mid -Year Budget Report be received and filed; and that the Director of Finance be authorized to amend the FY 2006/07 budget and increase Fire Department overtime (001-202- 5015) by $300,000 and corresponding mutual aid revenue reimbursement by $300,000 (001-000-4619) to reflect the costs and reimbursement associated with increased mutual aid responses. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12 04/16/2007 28. Public meeting - formation of a Landscape Maintenance Assessment District in the Waterman Avenue and Orange Show Road Area (Tract Map No. 17972 - AD 1045) Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the public meeting relative to the formation of the Waterman Avenue and Orange Show Road Area Landscape Maintenance Assessment District No. 1045 be closed, and protests and ballots, if any, be carried over to the public hearing on May 7, 2007, at 4:00 p.m. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29. Public meeting - formation of a Landscape Maintenance Assessment District in the Pepper Avenue and Rialto Avenue Area (Tract Map No. 17076 - AD 1050) Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the public meeting relative to the formation of the Pepper Avenue and Rialto Avenue Area Landscape Maintenance Assessment District No. 1050 be closed, and protests and ballots, if any, be carried over to the public hearing on May 7, 2007, at 4:00 p.m. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 30. Public meeting - formation of a Landscape Maintenance Assessment District in the Mill Street and Meridian Avenue Area (Tract Map No. 17218 - AD 1061) Mayor/Chairman Morris opened the hearing. No public comments were received. 13 04/16/2007 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the public meeting relative to the formation of the Mill Street and Meridian Avenue Area Landscape Maintenance Assessment District No. 1061 be closed, and protests and ballots, if any, be carried over to the public hearing on May 7, 2007, at 4:00 p.m. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 31. Public hearing - resolution ordering vacation of Gannett Parkway between Hallmark Parkway and Georgia Boulevard RES. 2007-130 - Resolution of the City of San Bernardino ordering the vacation of Gannett Parkway, between Hallmark Parkway and Georgia Boulevard (Plan No. 10901), and reserving temporary easements therein. Mayor/Chairman Morris opened the hearing. Terri Rahhal, Deputy Director/City Planner, stated that this vacation was related to the Lowe's Development which is getting underway now. She stated that this segment of roadway will not be needed and will in fact be replaced. Ms. Rahhal stated that staff was recommending adoption of the resolution ordering the vacation. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and the Findings of Fact as set forth in the staff report dated March 21, 2007, from the Director of Development Services, as to why Gannett Parkway between Hallmark Parkway and Georgia Boulevard is no longer necessary for public street purposes, be adopted; and that said resolution be adopted. The motion carried and Resolution No. 2007-130 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 32. Public hearing - urgency interim ordinance to extend a temporary moratorium on the establishment and operation of medical mari41uana dispensaries and other similar uses 14 04/16/2007 ORD. MC-1244 - An Urgency Interim Ordinance of the City of San Bernardino adding San Bernardino Municipal Code Section 19.06.026 (Development Code) and extending a temporary moratorium on the establishment and operation of medical marijuana dispensaries and other similar uses, declaring the urgency thereof, and taking effect immediately. URGENCY Mayor/Chairman Morris opened the hearing. City Attorney Penman stated that this would extend the temporary moratorium to just over ten months. No public comments were received. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said urgency ordinance be adopted. The motion carried and Ordinance No. MC-1244 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 33. Council Minutes (Continued from April 2, 2007) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as revised in typewritten form: February 5, 2007; and 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. 34. 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. (Continued from April 2, 2007) Note: No backup materials were distributed. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of May 7, 2007. 15 04/16/2007 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 35. Update on Citywide Organizational Review Note: No backup materials were distributed. City Manager Wilson stated that since the last workshop, he and Council Members/Commissioners Estrada, Derry and McCammack have had some good dialogue on how to organize the 187 recommendations and on moving forward in an orderly fashion. He stated that they are going to organize the recommendations into three major categories: items that are doable in the first 90 days; items that are a little more challenging; and items that require Charter changes and/or significant policy input by the Council. Mr. Wilson stated that he would have a preliminary report for the Council at the next Council meeting. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, 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. 36. Discussion of an Interim Ordinance of the City of San Bernardino establishing a temporary moratorium on the establishment and operation of new residential care or congregate care facilities with seven or more beds in residential neighborhoods, and referral to the Legislative Review Committee (LRC) Council Member/Commissioner Kelley 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, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney Penman, Assistant City Clerk Medina, Economic Development Agency Executive Director Pacheco and Special Counsel Sabo. Absent: None. 16 04/16/2007 R37. RES. CDC/2007-9 - 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 to execute Amendment No. 3 to the 2004 Professional Services Agreement with Terra Nova Planning and Research, Inc. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2007-9 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R38. Public hearing - recommended allocations of 2007/08 Community Development Block Grant (CDBG) Funds; Emergency Shelter Grant (ESG) Funds; HOME Funds and Reprogramming of 2006/07 CDBG Funds Resolution of the Mayor and Common Council of the City of San Bernardino 1) approving the 2007-2008 Community Development Block Grant (CDBG) and Emergency Shelter Grant (ESG) appropriations and HOME categories; 2) approving the 2007-2008 Consolidated Annual Action Plan; 3) approving an Amendment to the 2006-2007 Consolidated Annual Action Plan and authorizing unappropriated CDBG Funds in the amount of $114,000 for the Police Activities League (PAL) Program and City Recreation Programs; and 4) authorizing the Mayor to execute and submit to HUD, necessary documents and take all necessary actions for the execution of any contracts. Mayor/Chairman Morris opened the hearing. Maggie Pacheco, Economic Development Agency Executive Director, stated that this matter deals with the allocation of Community Development Block Grant (CDBG) funds for Fiscal Years 2007/2008; the HOME appropriation, which is the affordable housing component, and Emergency Shelter funds. With regard to CDBG funds for 2007/2008, Ms. Pacheco stated that a total of $3.6 million has been allocated to the City for the new fiscal year. She stated that the Citizens' Committee met to discuss the allocation of those funds and Attachment I of the staff report shows $255,000 being appropriated to non-profit organizations that provide a variety of social services to the community. Attachment II specifically shows what those non -profits provide to the community. Ms. Pacheco stated that there were 24 agencies that were selected out of 34 proposals. She stated that seven were not recommended for funding and that the staff report indicates the reason for non -appropriation. Ms. Pacheco stated that there is a balance of $3.3 million that remains of CDBG monies for the new fiscal year and that money is recommended to be appropriated for Code Compliance, 17 04/16/2007 the Section 108 Loan repayment, City Fire Department leases, the National Development Council, and the Small Business Development Corporation. She noted that EDA is not appropriating any money for administration of the program on behalf of the City. With regard to the HOME Program, Ms. Pacheco stated that this program is specifically federally -funded for affordable housing programs, which means that programs that are to be funded with this type of money are for low income to very low income households, and those funds have historically been used for non- profit organizations that provide affordable housing such as the transitional housing program and senior housing developments. She stated that ESG funds total $157,301 for the new fiscal year and the Agency is recommending that eight agencies be funded, which are noted on Attachment III of the staff report. Ms. Pacheco stated that it was important to note that when they review and select these emergency shelter organizations they work in concert with community action groups to appropriate and leverage the limited emergency shelter funds. She stated that this year the Agency did receive a decrease in their emergency shelter funds so there is very little funding available for the number of organizations that applied. Ms. Pacheco stated that the last component of the item deals with the unappropriated 2006/2007 CDBG funds. She stated that at the recommendation of the City Manager, the Agency is requesting that $114,000 be appropriated for the Parks and Recreation Program and the PAL Program. She stated that it was her understanding that those programs have not been completely set up and implemented, but the City Manager is requesting that they ensure that that money is available. Ms. Pacheco stated that that means that the $114,000 that was previously appropriated from the Reserve Fund would come from this funding, and these are eligible CDBG Programs. Ms. Pacheco stated that she wanted to point out that all of the City's funding for the new coming year are appropriated in accordance with the priorities that were established by the Mayor and Common Council when the Consolidated Plan was approved. She stated that the Consolidated Plan was distributed as part of the backup and that it will be transmitted to the Federal Government. She stated that the Plan notes the eight priorities and how we have accomplished those priorities in the previous fiscal year, which will take us through June 30, 2007. City Attorney Penman declared a conflict because one of the non-profit charitable organizations that is being recommended for funding is the Salvation Army of which his wife is a member of the Board. He left the Council Chambers and returned after the vote was taken. 18 04/16/2007 Pamela George, P.O. Box 7808, San Bernardino, CA, representative for Peoples Choice Incorporated, stated that she wanted to appeal the ruling of the advisory committee relative to denied funding for the CDBG grant they had submitted to expand their youth development program. Council Member/Commissioner Kelley asked if some of the $114,000 that is being allocated for the Police Activities League could be allocated to some of these other organizations that seem to be desperately in need of funds. Ms. Pacheco stated that the $114,000 could be used for those types of activities if it is an eligible public service provider and they meet the requirements; however, she advised the Council that they cannot use more than 15 percent of their CDBG allocation for public service providers. She stated that historically the Council has opted to appropriate the sum of no more than $300,000 a year from the CDBG allocation for public service providers. In the past, Ms. Pacheco stated that for those organizations that didn't get funding, they have been asked to look at a reappropriation during the fiscal year. Council Member/Commissioner Kelley stated that they had a great deal of discussion on this and he understood that the Council had directed staff to allocate $114,000 out of the City's reserves to go to these programs and that the funds were not to be allocated out of CDBG funding. City Manager Wilson stated that the Council action, which was to transfer the $114,000 from the reserve, has taken place. He stated that this is simply a way to free up the General Fund money for another project. Council Member/Commissioner Kelley stated that if they took $114,000 out of the reserve that should have been allocated to the PAL Program, why are they discussing taking $114,000 out of CDBG when they have organizations requesting more funding. Barbara Pachon, Director of Finance, stated that on February 20 the Mayor and Council did approve a motion to transfer $114,000 from the General Fund Reserve to go towards the PAL Program and Parks and Recreation. She stated that if the Council is going to use CDBG funds, they should reverse the other motion and authorize Finance to put this money back into the reserve. Council Member/Commissioner Kelley stated that it is his desire to make sure they're funding as many organizations as they can. He stated that it is also his desire to make sure that CDBG funds are used for what they were intended to be used for. Ms. Pacheco stated that Mr. Wilson is correct in that this provides the Council with an option to allocate CDBG monies for these two programs instead of 19 04/16/2007 dipping into the reserve fund. She stated that these are eligible programs under CDBG and if this body wishes to fund these programs through CDBG, that is certainly an option, or they can keep their current recommendation to use the reserve fund. She stated that the staff report indicates that the monies were going to be earmarked for these programs and not expended until the programs are ready to be implemented. Ms. Pacheco stated that the money was going to be set aside predicated on the Council's desire to do that today, and if not, then the monies would be available for the Agency to reexamine how best to utilize those funds. Council Member/Commissioner Derry stated that they need to look at this issue in a more holistic manner instead of just handing out dollars every year. He stated that he would like to see this matter referred back to the RDA Committee or the Grants Committee so they can determine if this is the direction the City still wants to go. Council Member/Commissioner Brinker stated that he would like to expand the amount of money available through CDBG, keep the $114,000 coming from the reserve, and make capital investments in non -profits that have needs that can really benefit the community. Council Member/Commissioner Estrada cautioned the Council to not overreact to this because the City only has about one-third of the reserve it should have. She stated that the Citizens' Advisory Committee is supposed to look at these applications and give recommendations. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Johnson, that this matter be referred back to the RDA Committee for further consideration with regard to the total amount to be allocated by CDBG to the non-profit community through these allocations. (Note: the vote was taken following further discussion.) Council Member/Commissioner Kelley made a substitute motion that the motion made on February 20 should remain and the money should be taken out of the reserves. (Note: the motion died for lack of a second.) Council Member/Commissioner Derry stated that he wanted to send the entire matter back to the RDA Committee for their recommendations. Council Member/Commissioner Kelley stated that he would not change his position. Council Member/Commissioner McCammack asked staff to provide a complete list of funding sources for these organizations. 20 04/16/2007 Anna Cox, Chairperson for the Community Development Citizen Advisory Committee, stated that they were very fortunate to have 34 representative non- profits come before them, and that they granted funds to 27. She stated that she was pleased to announce that they did fund four new programs that have never had any funding from the City before or any other outside funding. She stated that they spread around their non-profit grants and dealt with all kinds of different situations. She stated that she was pleased with the success of their committee this year. Cheryl Brown, 357 2' Street, San Bernardino, CA, Vice -chair of First Five for the County of San Bernardino, stated that if you're funded by First Five and if you don't have any other grants, you can't get First Five money. She stated that First Five money generally pays the lion's share, but if you are depending just on First Five, it won't happen. She stated that it is very important that you have several funding sources. Ms. Brown stated that this conversation was a good thing for the community and she is pleased that the City wants to set up a procedure to make it happen; however, they are already at the end of the process. She suggested that the Council take this conversation into next year's funding cycle and come up with some criteria. Anna Ulibarri, Project Life Impact, 863 N. Mt. View, San Bernardino, CA, stated that they are excited to be providing services within the City of San Bernardino in the First Ward. She stated that they do have a CAPS Program with the San Bernardino Schools; however, this funding is not enough. Mark Davis, CPO for the Boys & Girls Club of San Bernardino, thanked the Council for their continued support. He stated that City funding continues to support the programs that deal with career development which is called "Job Ready" and continues to support their "Power Hour" Programs, which help youth with their homework when parents often lack skills to help. It continues to support funds for youth in higher education. He asked the Council to continue to support the Boys and Girls Club and the other non-profit agencies that are here today. Council Member/Commissioner McCammack stated that since it sounds like there was a consensus to spend more money on the non-profit public service agencies, that they ask the committee to go back and ask for the additional $150,000 to $200,000 and look at what the policy of this Council should be. She stated that the staff report does say that it's the Mayor and Council's priorities, but she has never been asked for her priorities on what they should spend CDBG monies on. Ms. Pacheco stated that they do establish those priorities every year; however, the Five Year Consolidated Plan was approved by the Mayor and Council last year. She stated that the priorities have remained consistent for the past seven years so these priorities are, in fact, from a prior plan approval. She noted that 21 04/16/2007 Attachment I lists the allocation of monies for the new fiscal year as $3.6 million. Ms. Pacheco stated that discretionary funds for the new fiscal year are $71,471 and are listed under Item No. 6 on Attachment I. She advised the Council that this is unappropriated money if they wanted to allocate additional funds to the non -profits or other programs or use it for other City needs. She advised the Council that those are the only discretionary monies they have, the other monies have been historically appropriated for City Code Enforcement, Fire leases, small business development, mandatory housing, and the Section 108 Loan. She added that if the Mayor and Council wish to revisit the manner in which the funds are appropriated, they have an established approved citizen participation plan that they must go back and revisit and rewrite which would then set forth the parameters on how they want to allocate their funding. Ms. Pacheco requested that whatever action was taken tonight that they continue this public hearing as it is a published hearing and they must transmit the plan to HUD no later than May 17 in order for the City to be considered for the new year funding. Council Member/Commissioner Kelley stated that Ms. Pacheco had explained what they use the CDBG money for and then mentioned "other City needs." He asked how the City is currently using that $200,000. Ms. Pacheco stated that Attachment I gives a full picture of how the money is being used. She stated that the 15 percent is the maximum amount they could allocate from the $3.6 million. She stated that there is no requirement that they must do that —it is a policy choice that this Council makes. Council Member/Commissioner Kelley stated that just because it is a policy decision doesn't necessarily mean that they have to use all that money for these particular programs. He stated that they could use the money for "other City needs" and he asked what kind of City needs would be eligible. Ms. Pacheco stated that infrastructure, public improvements, City programs, youth programs, and Parks and Recreation programs would be eligible. She stated that there's a variety of programs that they could look at that the City funds through other means that might be eligible for CDBG. She stated that some cities use the majority of their money for infrastructure. Ms. Pacheco stated that a portion of the monies have been committed to Code Compliance for revitalization of neighborhoods, for Fire leases and for Arden Guthrie. She stated that over the years the Federal Government has cut back their CDBG funding. At one point in time they received $4.3 million in CDBG, and for the new fiscal year they are down to $3.6 million. She stated that every year it has become more and more difficult to appropriate the funding given the needs of this City. Council Member/Commissioner Kelley asked Ms. Pacheco for one more example of `other City needs." 22 04/16/2007 Ms. Pacheco stated that the funds could be used for capital improvements. She stated that if there is a community facility that needs improvement, they could use CDBG money for that purpose. Mayor/Chairman Morris stated that the Federal diminution of the HUD funds for CDBG has been a concern of mayors across the nation. He stated that mayors have gone to Congress and the President with a set of ten priorities for America and its cities and one of those ten priorities is to renew its commitment to CDBG grants for cities. He stated that this was a Richard Nixon proposal that they actually moved down to the grass roots level of Federal resources —moved it right back to the decision makers who actually deal every day with these issues in their cities and towns. Mayor Morris stated that it was an idea that was embraced in large measure by administrations since that time, but over the last several years the diminution of those resources has been substantial. William Shapiro, 432 N. Arrowhead, San Bernardino, CA, speaking on behalf of the San Bernardino County Legal Aid Society, stated that he was shocked and disappointed to find out that their budget had been reduced $3,000 from $13,000 to $10,000. He stated that the Legal Aid Society serves virtually everybody day in and day out, year in and year out. Mr. Shapiro stated that he was back to request that their budget be bumped back up to $13,000. Grover Porter, 355 N. Sierra Way, San Bernardino, CA, a volunteer attorney with Legal Aid, asked the City to assist them by providing the funds necessary to help the citizens of San Bernardino. Eliana Phelps, 354 W. 61" Street, San Bernardino, CA, a volunteer attorney with Legal Aid, gave an overview of what they do and the kind of people they serve. Council Member/Commissioner Derry amended his motion, seconded by Council Member/Commissioner Johnson, that the matter be referred back to the RDA Committee for further discussion and that the hearing be continued to May 7, 2007. Council Member/Commissioner Brinker stated that he did not see the $114,000 funding for the PAL on Attachment I. He asked Ms. Pacheco to explain where that money is. Ms. Pacheco stated that it is not in there because Attachment I shows how they are going to expand the proposed 2007/2008 funds. She stated that the $114,000 is from prior CDBG program income and how they arrive at that program income is that they have some loans that are outstanding and when they get repaid that money goes back into the CDBG Fund. Ms. Pacheco stated that that's what they use when they reallocate monies at this time of the year when they are proposing programs to the Council. 23 04/16/2007 Council Member/Commissioner Brinker asked how much was in that fund. Ms. Pacheco stated that right now there is $114,000 plus possibly an additional $100,000, but she couldn't remember the exact number. Council Member/Commissioner Brinker asked if that meant that if they make the decision to take the $114,000 out of the reserve fund that they would have approximately $200,000 in the program income account. Ms. Pacheco answered in the affirmative. Council Member/Commissioner Brinker asked if that money would be available if they decided that they wanted to increase their spending this year? Ms. Pacheco directed Mr. Brinker to Attachment I. She stated that $71,471 is the amount that's available. She stated that that would give the Council the discretion at a later time to allocate monies to a program, project, or an improvement. Council Member/Commissioner Brinker asked about the $200,000. Ms. Pacheco stated that that is this year's funding which could be used for public service providers. Council Member/Commissioner Brinker asked if that amount would carry over and Ms. Pacheco answered in the affirmative. Council Member/Commissioner Brinker requested clarification that if the RDA Committee wants to increase their expenditures this year they could use that $74,000, plus they could use that $200,000 to expand what they're spending. Ms. Pacheco answered in the affirmative. She stated that the Council would have the $114,000 if they decided not to appropriate it for the PAL and the recreation program, plus an additional $100,000 for 2006/2007, which means there is $214,000 for 2006/2007. In addition, she stated that the Council would have the $71,471 that is unappropriated at this point in time. Council Member/Commissioner Brinker stated that he would like the committee to look at expanding the base using the $74,000 and perhaps some of the $200,000 to do that; and he added that he supported Mr. Kelley's statement that the $114,000 should come out of the reserve. Ms. Pacheco recommended that the Redevelopment Committee consider this matter on Thursday, April 19, 2007, and that they continue the public hearing to May 7, 2007. 24 04/16/2007 The amended motion made by Council Member/Commissioner Derry, seconded by Council Member/Commissioner Johnson, that this matter be referred back to the RDA Committee for further consideration and that the public hearing be continued to May 7, 2007, carried by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 39. Public Comments Cheryl Brown, 357 2' Street, San Bernardino, CA, expressed concern about all the negative things happening in the City and asked the City Council to focus on the positive things. She recommended that the City pass a resolution naming the remainder of 2007 and all of 2008 as "The Year of the Youth" in San Bernardino. Art Guerrero, 1123 Central Avenue, San Bernardino, CA, President of the Valley View Association, invited the citizens of San Bernardino to attend their Cinco de Mayo Health Fair on May 5, 2007, from 1-4 p.m., at Clevinger and Norman Road. Joe Ortiz, 387 W. 25' Street, San Bernardino, CA, stated that the $200- $250,000 that was spent on Operation Phoenix for the first six months of the year would have helped fund the non -profits quite substantially. He stated that The Sun newspaper's push for additional expensive taxpayer -funded Operation Phoenix programs is not practical. They take money away from the existing programs run by the non-profit partners throughout the City. He stated that while he agrees with the Mayor that they do need to continue the Operation Phoenix programs, he believes that that strategy should apply to all areas of the City. James Tate, 1391 Andreas, San Bernardino, CA, voiced his concerns about Mr. Baxter's position regarding the Don Imus incident. He stated that he hoped Mr. Baxter made a public apology to his constituents and that he would remove himself from any future controversy regarding Don Imus. Mike Hartley, 3066 Parkside Drive, San Bernardino, CA, spoke regarding the murder rate in San Bernardino. He stated that the people voted in a general tax and it was up to the Mayor and Council to use the money where they saw fit as long as it went into prevention, intervention, and suppression. He stated that the City has the money now and it needs to do something about it. James Smith, 1156 E. 24" Street, San Bernardino, CA, spoke in support of Council Member Baxter. He stated that the Councilman was put in a very tenuous position last week and he felt he did a tremendous job for his company. He stated that he should be commended for his outstanding commitment to the City. 25 04/16/2007 Adrienne Sams, 1311 Colorado Avenue, San Bernardino, CA, requested resources for her monthly talent show called "The Showcase." 40. Adjournment At 6:24 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, May 7, 2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 40 No. of Hours: 5 RACHEL G. CLARK City Clerk � a By �,J,�,iin .c_ Qn o�„ Linda Sutherland Deputy City Clerk 26 04/16/2007