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HomeMy WebLinkAbout01-07-2008 MinutesCITY OF SAN BERNARDINO 300N. "D"Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Moms Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Neil Derry Chas Kelley Rikke Van Johnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JANUARY 7, 2008 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, January 7, 2008, 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, Johnson, McCammack; Assistant City Attorney Easland, City Clerk Clark, City Manager Wilson. Absent: Council Members/Commissioners Estrada, Kelley. Council Member/Commissioner Kelley Arrived At 1:35 p.m., Council Member/Commissioner Kelley arrived at the Council/ Commission meeting. Council Member/Commissioner Estrada Arrived At 1:50 p.m., Council Member/Commissioner Estrada arrived at the Council/ Commission meeting. 1. Closed Session Pursuant to Government Code Section(s): 1 01/07/2008 A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Maria Glander v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 123858; Luisa Maravilla v. Crosby, et al. - San Bernardino Superior Court Case No. CIVSS 707097; Golding v. City and City of Riverside - San Bernardino Superior Court Case No. CIVSS 700791; The Redevelopment Agency of the City of San Bernardino v. Chiyo Lapham, et al. - San Bernardino Superior Court Case No. SCVSS 142966. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. 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: Contract for City Manager Negotiator: Linn Livingston, Human Resources Director Employee Organizations: Fire Fighters Association Local No. 891 Fire Management 2 01/07/2008 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Central City North Redevelopment Project Area (Downtown Acquisition Program) 1. Property Address: 696 West 51" Street APN: 0134-061-21, 22, 25 and 30 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer and Christopher Cheng-Chyh Ko, Bruce Cheng-Hsieh Ko and Henry Cheng-Ju Ko, property owners/sellers Under Negotiation: Purchase price, terms, and conditions 400 Street Redevelopment Project Area 2. Property Address: 259 East 491" Street APN: 0154-126-03 fcl 4. Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, and Robert and Shari Celaya, property owners Under Negotiation: Purchase price, terms, and conditions Property Address: 288 East 49' Street APN: 0154-125-07 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, and Richard P. and Kristin M. Mungo, property owners Under Negotiation: Purchase price, terms, and conditions Property Address: 292 East 49' Street APN: 0154-125-06 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, and Irwin P. and Donna Devries, property owners 3 01/07/2008 Under Negotiation: Purchase price, terms, and conditions 5. Property Address: 299 East 491" Street APN: 0154-126-30 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, and Scott C. Mueller, property owner Under Negotiation: Purchase price, terms, and conditions Closed Session Announcement City Clerk Clark announced that during closed session a motion was made by Council Member/Commissioner Derry, seconded by Council Member/ Commissioner Baxter, to approve the fifth amendment to the employment agreement with City Manager Fred Wilson. The motion carried by the following vote: Ayes: Council Members/ Commissioners Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: Council Member/Commissioner Estrada. Absent: None. 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. Moment of Silence Mayor/Chairman Morris extended condolences to the families and requested a moment of silence in memory of Gwendolyn Roberts, a major music figure in the City of San Bernardino and Southern California whose long list of accomplishments include the establishment of the prestigious San Bernardino -Riverside regional Metropolitan Opera Auditions that she oversaw for more than 50 years; and Dr. Irving Allen, a distinguished and devoted pediatrician who was in private practice for 34 years and then worked with the Inland Health Care Group until his passing. Invocation/Pledge of Allegiance The invocation was given by Sister Carmel Crimmins of the Diocese of San Bernardino, followed by the pledge of allegiance, led by Council Member Kelley. 2. Appointments Youth Advisory Commission — Mayor Morris • Guy Williams Jr. • Clifton Alexander • Kesha Russell 4 01/07/2008 Human Relations Commission/Youth Appointee — Mayor Morris • Ahsohn J. Williams Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that the appointments of Guy Williams Jr., Clifton Alexander, Ahsohn J. Williams, and Kesha Russell, as requested by Mayor Morris, 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 Mayor/Chairman Morris presented Certificates of Recognition to the players of the North San Bernardino Cowboys Football Team of Cajon High School who earned the Marvin Duncan Trophy. 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, 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 Johnson 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 submitted in typewritten form: November 5, 2007; and December 3, 2007. 5 01/07/2008 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 Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated December 17, 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. 8. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the personnel actions, as submitted by the Chief Examiner, dated January 3, 2008, 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. 9. Authorization to proceed and approval of Plan No. 12358 — proposed vacation of a portion of Pear Street, north of Walnut Street and east of Mount Vernon Avenue Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the Director of Development Services and the City Clerk be authorized to proceed with the proposed vacation of a portion of Pear Street, north of Walnut Street and east of Mount Vernon Avenue; and that Plan No. 12358 showing the proposed vacation be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. Item Renumbered as 28A 6 01/07/2008 11. RES. 2008-1 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute purchase agreements with Accela Inc. and CDCE Inc. for the purchase of software and hardware for the automation of development processes; and authorizing the Finance Director or designee to solicit lease -purchase rate quotes and to award a lease -purchase to the lowest responsible leasing company. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted; and that the Director of Finance or designee be authorized to solicit lease -purchase rate quotes and to award a lease -purchase to the lowest responsible leasing company. The motion carried and Resolution No. 2008-1 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. Item Deleted 13. Item Deleted 14. RES. 2008-2 — A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with Marsh Risk & Insurance Services to provide Risk Management and property insurance brokerage services for the City for a period of one year, with four consecutive one-year renewal options to be exercised by the City. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2008-2 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. Bi-annual Report of the Human Relations Commission Pastor Terry Elliott presented the report to the Mayor and Common Council. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the bi-annual report of the Human Relations Commission be received and filed. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7 01/07/2008 16. RES. 2008-8 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a vendor service agreement and issuance of a purchase order in the amount of $100,779.01 to Great Western Park and Playground for the purchase and installation of playground equipment and pour -in -place safety surfacing (ADA compliant) located at Tom Minor Park. Joe Ortiz, 387 W. 25' Street, San Bernardino, CA, spoke about the lack of maintenance at Campo Santo Memorial Park. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the Director of Finance be authorized to amend the FY 2007/2008 budget by transferring $41,000 from Account No. 243-363-5504-7728 (City Hall Plaza Park) to Account No. 243-363-5504-7752 (Tom Minor Park - Playground Equipment); and that said resolution be adopted. The motion carried and Resolution No. 2008-8 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2008-3 - Resolution of the Mayor and Common Council of the City of San Bernardino accepting funding in the amount of $58,436 from the Corporation for National and Community Service to continue the administration and operation of the Retired Senior Volunteer Program for the period of October 1, 2007 through September 30, 2008, and ratifying all action taken between October 1, 2007 and the date that this resolution is adopted. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2008-3 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2008-9 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a vendor service agreement and a purchase order in the amount of $59,492.00 to Creative Contractors for purchase and installation of two picnic shelters: one at Tom Minor Park, and one at Colony Park. Joe Ortiz, 387 W. 25`' Street, San Bernardino, CA, spoke about the lack of maintenance at Campo Santo Memorial Park and the fact that he has gotten no response to his e-mails. 8 01/07/2008 Kevin Hawkins, Director of Parks, Recreation and Community Services, stated that he was concerned about the allegations made by Mr. Ortiz because he had discussed this matter with him as recently as last month. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-9 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2008-4 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a grant application to the County of San Bernardino for the Head Start/Preschool Program at Delman Heights Community Center and accepting the proposal amount of $314,860 for the period of July 1, 2008 through June 30, 2009. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2008-4 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2008-5 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a professional services agreement with the Public Health Institute for the Youth Empowerment pilot project for the period of October 1, 2007 through September 30, 2008, and ratifying all action taken between October 1, 2007 and the approval of this resolution. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2008-5 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. Crossing Guard Services - Victoria Elementary School RES. 2008-10 - Resolution of the Mayor and Common Council of the City of San Bernardino to authorize execution of an agreement with Ail City Management Services to provide crossing guard services at Victoria Elementary School in the City of San Bernardino. (21A) 9 01/07/2008 RES. 2008-11 — Resolution of the Mayor and Common Council of the City of San Bernardino to authorize execution of an agreement with the Redlands Unified School District to share the cost of a crossing guard at Victoria Elementary School in the City of San Bernardino. (21B) Council Member/Commissioner McCammack asked if there were crossing guards at every elementary school. Chief Billdt stated that crossing guards were placed at all the elementary schools and middle schools where traffic safety surveys were conducted and the need was determined. Council Member/Commissioner McCammack asked Chief Billdt to provide her with a list of elementary schools and middle schools that do not have crossing guards at this time. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that said resolutions A and B, be adopted. Resolution Nos. 2008-10 and 2008-11 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. Resolutions authorizing the purchase of a "CrimeView Enterprise" police tactical mapping solution from The Omega Group located in San Diego, California and necessary computer hardware from Zunesis, Inc. of Centennial, Colorado Resolution of the City of San Bernardino authorizing the purchase of a "CrimeView Enterprise" police tactical mapping solution from the Omega Group located in San Diego, California. (22A) Resolution of the City of San Bernardino authorizing the purchase of supporting computer server hardware, from Zunesis, Inc. of Centennial, Colorado for a "CrimeView Enterprise" police tactical mapping system. (22B) Note: No resolutions were distributed with the backup materials. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the Council/ Commission meeting of January 22, 2008. 10 01/07/2008 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. Item Deleted 24. RES. 2008-6 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with R3 Consulting Group, Inc., for business plan consulting services for the Integrated Waste Management Division. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2008-6 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. RES. 2008-7 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of an annual purchase order in the amount of $14,600.00 between the City of San Bernardino and iWorQ Systems, Inc. for computerized work order tracking system services. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2008-7 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. City Council action to refer all matters related to parolees and parolee re- entry, including matters related to the regulation of housing for parolees, to the Parolee Re-entry Ad Hoc Committee 1t 01/07/2008 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council refer all matters related to parolees and parolee re-entry, including matters related to the regulation of housing for parolees that have been previously discussed by the Legislative Review Committee (LRC), to the Parolee Re-entry Ad Hoc Committee for the development of recommendations to be brought back to the City Council for consideration; that the Parolee Re-entry Ad Hoc Committee conduct all of its meetings in compliance with the Ralph M. Brown Act; and that the Legislative Review Committee be prohibited from discussing any parolee related content until it has been referred to the LRC by majority vote of the Common Council. (Note: No vote was taken.) Joe Ortiz, 387 W. 25' Street, San Bernardino, CA, spoke about resident/non- resident parolees. Assistant City Attorney Easland stated that she had a concern regarding the prohibition of sending these items to LRC unless done so by a majority of the Council, and she questioned whether the Council had the power to enact such a prohibition. She stated that any powers the Council has are derived from the Constitution, Statute, or the Charter, and there is nothing in the City's Charter or elsewhere that specifically empowers the Council to prohibit one of its committees from discussing an item within that committee's jurisdiction. She stated that the Council could approve this motion, but it would have no legal effect. Assistant City Attorney Easland stated that the Attorney General had previously opined to the City Attorney's office regarding the issue of two Council committees wanting to hear an item, that a committee can discuss an item as long as the item goes back to the full Council before being considered by a subsequent committee, and that will protect the Council from a serial meeting. However, in coming back to the Council, the Council has to discuss the item or the members of the Council have the opportunity to discuss the item before it proceeds to a subsequent committee. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Baxter, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. Public Hearing and resolution ordering work - Orange Show Road and Tippecanoe Avenue Area Landscape Maintenance Assessment District No. 1059 (Parcel Map No. 17132) 12 01/07/2008 RES. 2008-12 — Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the Orange Show Road and Tippecanoe Avenue area, approving the final engineer's report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1059, ordering the work, confirming the 2008-2009 assessment roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. Mayor/Chairman Morris opened the hearing. City Clerk Clark stated that 6 ballots were returned and were in favor of the proposed assessment. No public comments were received. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2008-12 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28. Draft Memorandum of Understanding with the County of San Bernardino to provide assistance to the City of San Bernardino, Operation Phoenix Eastern Area (Continued from December 17, 2007) Staff requested that this matter be continued to the next Council meeting. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/ Commission meeting of January 22, 2008. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28A. Findings of fact for denial of Development Permit 3 No. 06-14 — a request to construct a 3-story, 93-unit senior housing complex at the northwest corner of Medical Center Drive and 16' Street in the CO, Commercial Office, land use district (Continued from December 17, 2007) 13 01/07/2008 Valerie Ross, Director of Development Services, stated that findings of fact for denial had been included in the backup. She distributed a letter to the Mayor and Common Council dated January 7, 2008, addressed to Councilman Johnson, wherein the applicant requested an opportunity to submit a redesign of the project for reconsideration. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council adopt the Findings of Fact for denial of Development Permit 3 No. 06-14. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Johnson, McCammack. Nays: Council Members/Commissioners Derry, Kelley. Absent: None. 29. Resolution of the City of San Bernardino amending Resolution No. 6413, Sections ten, eleven, twelve and fourteen, entitled in part "A Resolution... establishing a basic compensation plan...", by updating information codifying prior council actions (General, Middle -Management and Confidential and Management Units). (Continued from December 17, 2007) Note: No resolution was distributed with the backup materials. Staff requested that this matter be continued for two weeks. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of January 22, 2008. 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; Assistant City Attorney Easland, City Clerk Clark, Economic Development Agency Deputy Director Gee and Special Counsel Sabo. Absent: None. R30. Amendment No. 1 to the Arrowhead Central Credit Union 2005 Disposition and Development Agreement (Central City South Redevelopment Project Area) 14 01/07/2008 Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment No. 1 to the 2005 Disposition and Development Agreement by and between the Arrowhead Central Credit Union and the Agency (Central City South Redevelopment Project Area). Don Gee, Deputy Director of the Economic Development Agency, stated that there were three major parts to the amendment: (1) to change the square footage from 125,000 square feet to 190,000 square feet; amend the time of performance from the December 2008 completion date to the August 2010 completion date; and that the Agency use its best efforts to acquire two other sites so they could provide access to "G" Street off Birch. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. (Note: No vote was taken.) Warner Hodgdon, 405 E. Arrowhead Road, San Bernardino, CA, stated that $22 million has been invested in the baseball stadium, which seats 5,000 people. He stated that the grassways have already been compacted to add 2,500 seats on both ends, which would create a stadium that would hold 10,000 people. He stated that they would have to have 10,000 seats in order to make other venues work and a well -promoted baseball team to fill the stadium. Mr. Hodgdon voiced his concerns about parking. He stated that extra parking is located further to the south on Mill Street and would not complement the baseball stadium. Mayor/Chairman Morris stated that they would be required to build additional parking in and around the development, and because the savings and loan headquarters is primarily a daytime use, the evening use may well be available at no additional cost to the City for baseball patrons. Mr. Hodgdon stated that the participation agreement as well as the original agreement should specify how many parking places there are. Council Member/Commissioner McCammack asked Mr. Gee to comment on the issues raised by Mr. Hodgdon regarding the additional seating. She stated that if the additional seating is going to be constricted, then turning that into a 10,000 seat venue for a Triple A team, which is what they would need, would be impossible. Mr. Gee stated that when the two sites along "G" Street are purchased, this item will come back to the Council and the amendment of the Disposition and Development Agreement could include those particular features in terms of the parking, joint use, participation, etc. 15 01/07/2008 Council Member/Commissioner Estrada asked what would happen if this matter was approved today. Special Counsel Sabo stated that two of the items this amendment addresses relative to the new completion date and the change in the size of the structure, would be final with the action taken today. He stated that if they are involved in any acquisition of those lots for access onto "G" Street, that would take another discretionary action by the Council at that time. He stated that if Arrowhead Credit Union negotiates successfully and privately purchases those lots, then it would never come back to them. It would only come back to them if they had to be involved in it through their acquisition, by purchase, or through condemnation. Council Member/Commissioner Estrada stated that the issues on the potential expansion of the field did raise some concerns and these issues were not brought up at the committee level. She asked if this matter could be continued to the next Council meeting. Mayor/Chairman Morris stated that the reason this company withdrew from looking at other downtown sites more closely in the area of the ULI study is because they have very tight time constraints. Mr. Gee stated that this item could be continued for two weeks. Council Member/Commissioner Estrada recommended that they continue this item for two weeks to allow further discussion at the RDA Committee. Council Member/Commissioner McCammack stated that she would like to be sure that they get an answer on the ramifications of approving an agreement that takes away their ability to expand that stadium. She stated that they have been told by the experts that the only way that stadium is going to be viable and not lose money every month is to make it a venue that can hold 10,000 people. Council Member/Commissioner Derry asked that they also look at alternatives for parking. Council Member/Commissioner Estrada made a substitute motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of January 22, 2008. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16 01/07/2008 31. Public Comments Kevin Hawkins, Director of Parks, Recreation and Community Services, stated that his department tries to make sure that they are responsive to the concerns of not only the Council, but also the public, and when he hears comments that they have not responded to a concern, that bothers him. He stated that he showed Mr. Ortiz an e-mail of their exchange on December 10, 2007. Amber Starbuck, new Public Affairs Manager at The Gas Company, 624 W. 4' Street, Suite F, San Bernardino, CA, introduced herself to the Mayor and Council and stated that she looked forward to partnering with the City of San Bernardino on various projects within the local community. Ms. Starbuck passed out energy efficiency kits to the Mayor and Common Council. Alfred Palazzo, P.O. Box 4588, Rancho Cucamonga, CA, commercial appraiser with the Assessor's Office for over 34 years, stated that he has a vision for rebuilding San Bernardino and that he wanted to share the ideas of that vision with the Mayor and Common Council. Mr. Palazzo stated that he was interested in serving the City in the capacity that was being vacated in the Economic Development Agency. Betty Jean Long, 1254 N. Sierra Way, San Bernardino, CA, stated that the Police Department is harassing her and accusing her of using drugs. Tierney Harris, 2025 Sunrise Lane, San Bernardino, CA, stated that slum conditions still exist on the property where she resides and she stated that she is not getting any help from the City. Bill Robinson, 5405 Park Lane, San Bernardino, CA, stated that the flood basins in his area are dangerous to the residents and need to be cleaned. He requested that the City sponsor him to perform the cleanup. Joe Ortiz, 387 W. 25" Street, San Bernardino, CA, spoke about his maintenance concerns at Campo Santo Memorial Park. Jerome Sinpaseuth, a member of the Lyndon LaRouche Political Action Committee PAC, voiced his concerns regarding the foreclosure crisis. He stated that they are trying to enact legislation that Franklin D. Roosevelt brought forward in 1933 that would freeze all debt and reorganize the banking system. Lewis Whilden, 3621 York Blvd., San Bernardino, CA, requested that the Council draft a resolution that would put pressure on the Federal Government and the representatives from Southern California to enact a Federal intervention that would involve a blanket freeze on all home foreclosures and would create a Federal body which would then help to assign fair rent payments to people to 17 01/07/2008 recapitalize the local banks. He stated that San Bernardino is No. 4 on the list of home foreclosures in the Nation behind Stockton, Sacramento, and Detroit, Michigan. Michelle Fuchs, 3621 York Blvd., San Bernardino, CA, a member of the Lyndon LaRouche PAC, elaborated on the legislation regarding the foreclosure crisis. Michael Vandernat, Los Angeles, CA, representative of the LaRouche PAC, spoke about the current foreclosure situation and the Homeowners and Bank Protection Act of 2007. Brittany Paris, 388 Elm Circle, San Bernardino, CA, stated that she is a 9' grade student at Pacific High School and she is learning how to get involved in politics. She stated that she found out that you don't have to be 18 years old to register voters. Gil Navarro, 1440 W. 6'" Street, San Bernardino, CA, member of the San Bernardino County School Board, shared his concern regarding an article that appeared in the Press Enterprise about sanctions for poor performance. He recommended that the Council adopt a resolution affirming their displeasure with the school district's performance. Barbara Babcock, P.O. Box 931, Loma Linda, CA, stated that she works for the Christian Counseling Service as a part-time fundraiser. She extended thanks to City staff, the County, Children's Fund, and several other non-profit organizations who provided assistance to the Ramirez family in their time of need. 32. Adjournment At 5:43 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., Tuesday, January 22, 2008, in the Council Chambers, 300 North "D" Street, San Bernardino, California. No. of Items: 32 No. of Hours: 4 RACHEL G. CLARK City Clerk 0. By6& Linda Sutherland Deputy City Clerk IWylp-TC11:3