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HomeMy WebLinkAbout04-21-2003 Jt Reg Mtg Minutes - MCCMINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING APRIL 21, 2003 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 Valles at 1:35 p.m., Monday, April 21, 2003, 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 Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): David M. Sanborn v. Avila Construction, et al. - San Bernardino Superior Court Case No. SCVSS 078410; Jaime Alvarez, et al. v. City of San Bernardino - United States District Court Case No. CV 00-0304B; Redevelopment Agency of the City of San Bernardino v. Jaime Alvarez, et al. - United States District Court Case No. EDCV 02-142 RT (SGLx); Shirlev J. Goodwin v. Ciro of San Bernardino, et al. - United States District Court Case No. EDCV 96-66 RT (VAPx); Avila Construction v. Cite, et al. - San Bernardino Superior Court Case No. EDCV 01-0582 VAP (SGL); 1 04/21/2003 Rub_v Howard v. Cite of San Bernardino - San Bernardino Superior Court Case No. SCVSS 095713. 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: CAN,, of San Bernardino v. Freddie Curlin, Valerie Pope -Ludlam, Eddie Negrete, Al Steward and Gil Lara D. Closed Session - personnel - pursuant to Government Code Section 54957: Appointment Human Resources Director 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: (1) Fire negotiation issue G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property Address: HUB Properties Negotiatinu Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and 0281-081-08 Raymond M. Tucker Living Trust 0281-081-09 Douglas R. Nelson 0281-081-10 Jimmy R. Wiley 0281-081-11 Julio D. Rodriguez, Anthony Rodriguez 0281-081-12 Seng Kin Yeo 0281-081-13 Robert A. Lester, Ivy Y. Lester 0281-081-14 Estefani Liaou 0281-081-16 Francisco Perpuly 0281-081-17 Oscar Miranda, Jose Miranda 2 04/21/2003 04 3 Cl E RI 0281-081-18 Henry W. Shelton, Betty J. Shelton 0281-081-19 Kam Mie Nanney-Wong 0281-081-20 Kam Mie Nanney-Wong 0281-082-01 Juan P. Trujillo, Consuelo Y. Trujillo 0281-082-02 Juan P. Trujillo, Consuelo Y. Trujillo 0281-082-03 Pomona First Federal Under Negotiation: Purchase price, terms & conditions Property Address: APN 0281-082-057 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Vibhakerbhai Patel, property owner Under Negotiation: Purchase price, terms & conditions Property Address: APN 0281-083-08 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Harold Luke, property owner Under Negotiation: Purchase price, terms & conditions Property Address: APN 0281-081-01, 0281-081-02, 0281-081-03 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Cecilia Moreno, property owner and Robert Newman, property owner Under Negotiation: Purchase price, terms & conditions Property Address: APN 0281-082-27, 0281-082-28 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Kresten Jakobsen, property owner Under Negotiation: Purchase price, terms & conditions Property Address: APN 0281-091-39 3 04/21/2003 Ngotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and JAKS, L.L.C., property owner Under Ne�,otiation: Purchase price, terms & conditions City Attorney Penman announced that the following additional case would be discussed in closed session: T'onna Sanders et al. v. CitN, of San Bernardino, et al. - United States District Court Case No. EDCV 01456RT (SGLx). Closed Session Announcement City Attorney Penman stated that there was an error on Page 2 of the Agenda, which listed the case of Avila Construction v. City, et al., as a San Bernardino Superior Court case, but that the case is a United States District Court case. Mr. Penman reported that the Court dismissed Mr. Avila's lawsuit against the City. Mr. Penman announced that another lawsuit had been dismissed regarding several minors who claimed that they had been victims of excessive force by police officers in the Delmann Heights area in the year 2000. City Clerk Clark announced that a motion was made by Council Member/Commissioner McCammack, seconded by Council Member/Commissioner Derry, that the Mayor and Common Council authorize the City Attorney's Office to file a lawsuit on behalf of the City and/or the Economic Development Agency against Valerie Pope -Ludlam, Eddie Negrete, and Al Steward. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. 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. Invocation/Pledge of Allegiance The invocation was given by Reverend Ernest Dowdy of Church of the Living God, followed by the pledge of allegiance, led by Sergio Rodriguez, a graduating student from Anderson School. 4 04/21 /2003 Moment of Silence Mayor/Chairman Valles requested a moment of silence be observed in memory of Louise Barber, mother of Joan Vollucci, Executive Secretary to the City Council; Morton Aronoff, chairman and founder of Gate City Beverage Distributors; and community leaders Al Hancock and Jack Roesch. City Clerk Clark requested that the moment of silence include the Mayor's brother, Frank, who also recently passed away. 2. Appointment - William Nation - Senior Affairs Commission - Mayor Valles Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Anderson, that the appointment of William Nation to the Senior Affairs Commission, as requested by Mayor Valles, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 3. Proclamations & Presentations Following her performance of "God Bless America," a certificate of recognition was presented to Ashley Argota, a voice student of Kit and Heather McCloskey of San Bernardino who succeeded in the first round of Star Search and is now in the second round of elimination for contestants who will appear at the renowned Apollo Theater in New York City. Ashley will be holding a fundraising concert on April 25, 2003, at the California Theater in order to raise funds for her and her family to travel to New York, and has been invited to sing at the November 16 Symphony Concert by Maestro Carlo Ponti. David Pruitt, Executive Assistant to the Mayor, read a proclamation designating the week of April 21, 2003 through April 27, 2003, as National Community Development Week. A proclamation designating the week of April 27, 2003 through May 3, 2003, as National Volunteer Week was presented to Robin Kelley, Executive Director of the Volunteer Center of the Inland Empire, and Lynette Lee, also from the Center. The 2002 Employee of the Year Award was presented to Division Chief Mat Fratus of the Fire Department. Sir Frances Drake announced that the Renaissance Pleasure Faire would take place from May 3, 2003 through June 15, 2003, at Glen Helen Regional Park, 5 04/21 /2003 .19 Wi David Pruitt, Executive Assistant to the Mayor, read the names of the following individuals who were presented a service pin award by Mayor/Chairman Valles in recognition of their many years of dedicated service to the City: Name Councilwoman Esther Estrada Councilwoman Susan Longville Kenneth Brander William Clay Mark Emoto Ernest Lemos Pat Schoultz Douglas Schuessler Announcements DeI)artment Council Council Police Police Police Police Police Public Services Years of Service 5 5 20 25 20 20 30 15 Announcements were made by Mayor Valles, members of the Common Council, elected officials, and the Chamber of Commerce regarding various civic, community, and Chamber events and activities. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Longville, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council/Community Development Commission be waived. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 6. Council Minutes Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Longville, that the minutes of the following meeting of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: March 17, 2003. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 6 04/21 /2003 7. Claims & Payroll Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Longville, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated April 1, 2003, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 8. Personnel Actions Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Longville, that the personnel actions as submitted by the Chief Examiner dated April 16, 2003, 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, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 9. ORD. MC-1141 - An Ordinance of the City of San Bernardino amending Section 5.04.497 of the San Bernardino Municipal Code relating to seizure and hearings regarding transient vendor merchandise. FINAL READING Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Longville, that said ordinance be adopted. Ordinance No. MC-1141 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 10. ORD. MC-1142 - An Ordinance of the City of San Bernardino amending certain sections in Chapter 2.46 of the San Bernardino Municipal Code entitled Disaster Council. FINAL READING Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Longville, that said ordinance be adopted. Ordinance No. MC-1142 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 7 04/21/2003 11. RES. 2003-84 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to New West Signal, for traffic signal modification at Kendall Drive and University Parkway, per Plan No. 10298. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2002/2003 CIP Budget and increase expenditure Account No. 250-370-5504-7176 (traffic signal/dual left -turn lanes - University and Kendall) by $79,000 and revenue Account No. 250-000-4658 (Federal Aid) in a corresponding amount of $79,000 to reflect the portion of the project to be paid with CMAQ funding; and, transfer $27,000 from Account No. 250-370-5504-7076 (various traffic system upgrades) to Account No. 250-370-5504-7176 (traffic signal/dual left -turn lanes - University and Kendall) . The motion carried and Resolution No. 2003-84 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 12. RES. 2003-88 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to KC Construction for Phase I pavement rehabilitation on Hospitality Lane between Carnegie Drive and Gage Canal, per Plan No. 10571. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted; and that the Mayor and Common Council authorize the Director of Finance to amend the FY 2002/03 budget to create Account No. 248-368-5504-7302 (Phase I Pavement Rehabilitation on Hospitality Lane between Carnegie Drive and Gage Canal) for $123,000 from the unappropriated Storm Drain Construction Account. The motion carried and Resolution No. 2003-88 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with Engineering Resources of Southern California, Inc. for Professional Engineering Services for the design of proposed replacement of sanitary sewer lines in Grant Avenue, from "I" Street to Bunker Hill; in V Street, from "G" Street to 4t' Street; and in Sepulveda Avenue, from 4t' Street to 5`h Street. Mayor/Chairman Valles asked that the Council consider continuing this item because there appeared to be many unresolved issues relative to the selection process. 8 04/21 /2003 Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of May 5, 2003. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 14. RES. 2003-89 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Ranco Corporation for construction of ADA access ramps and sidewalks at various locations per Plan No. 10600. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2003-89 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 15. RES. 2003-90 - Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A Resolution... prohibiting parking upon certain designated streets, alleys, or portions thereof..." to establish a No Parking of Vehicles Exceeding a Maximum Gross Weight Limit of Five Tons zone on both sides of Fourth Street between Foothill Boulevard/Fifth Street and Mount Vernon Avenue. Antonio Hernandez, 1496 W. 4`' Street, San Bernardino, CA, stated that he had obtained signatures from his neighbors who indicated that they did not object to his parking his truck on the street. Mr. Hernandez stated that he had been told the area was zoned commercial and had purchased a vacant lot so that he could open a truck repair shop. Teresa Lopez, 1472 W. 4`h Street, San Bernardino, CA, spoke in favor of the amendment stating that she has a problem with large commercial trucks parking in front of her house. Ms. Lopez stated that she has to put up with diesel fumes, trash, and with trailers blocking the street. Marilyn Alcantar, 1495 Kingman Street, San Bernardino, CA, spoke in favor of the amendment, stating that the trucks ignore the posted signs and continue to drive and park on Kingman Street. Ms. Alcantar stated that the signs need to be enforced. Mayor/Chairman Valles recommended that the Council adopt the resolution and work with Mr. Hernandez in order to solve his parking problem. 9 04/21/2003 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-90 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 16. RES. 2003-91 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution ... designating certain streets, or portions thereof as through highways..." and authorizing the installation of a two-way stop at the intersection of Thirty-third Street and Mayfield Avenue. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2003-91 was adopted by the following vote: Ayes: Council Members/Commissioners Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 17. RES. 2003-85 - Resolution of the City of San Bernardino directing and authorizing the execution of a Sales and Purchase Agreement and the execution of a Grant Deed for the sale of City -owned property generally located north and south of Orange Show Road, west of Waterman Avenue in the City of San Bernardino. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted; and that the Director of Development Services be authorized to re -advertise for bids for City -owned property located at the southeast corner of Orange Show Road and Amos Avenue (Parcel Two). The motion carried and Resolution No. 2003-85 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 18. RES. 2003-86 - Resolution of the City of San Bernardino amending Resolution No. 6413, Sections Twelve and Fourteen, entitled in part, "A Resolution ... establishing a basic compensation plan ..." by updating information codifying prior Council action (Management/Confidential and Unclassified). Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2003-86 was adopted by Members/Commissioners Estrada, Longville McCammack. Nays: None. Absent: None. the following vote: Ayes: Council McGinnis, Derry, Suarez, Anderson, 10 04/21 /2003 19. RES. 2003-87 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to the annual purchase order to Precision Cold Planing Company to supply cold milling services for roadway pavement rehabilitation for use by the Public Services Department. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2003-87 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 20. RES. 2003-92 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to the annual purchase orders to Matich Corporation and/or Vulcan Materials/Cal Mat Division to supply materials for roadway pavement rehabilitation for use by the Public Services Department. Council Members/Commissioners Suarez, Anderson and McCammack and City Attorney Penman stated that they would be abstaining on this matter because of campaign contributions received from Matich Corporation. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted; and that the Director of Finance be authorized to transfer $54,800 from Account No. 129-367-5504- 7296 (34"/ Stoddard/Mt. View) to Account No. 129-367-5504-7345 (Public Services various routine street repairs). The motion carried and Resolution No. 2003-92 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry. Nays: None. Abstentions: Council Members/Commissioners Suarez, Anderson, McCammack. Absent: None. 21. RES. 2003-93 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Fairview Ford for sixteen (16) Year 2003 Ford Crown Victoria Police Interceptors; and authorizing the Purchasing Manager to solicit lease -purchase rate quotes and award a lease - purchase to the lowest responsible leasing company. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2003-93 was adopted by Members/Commissioners Estrada, Longville McCammack. Nays: None. Absent: None. the following vote: Ayes: Council McGinnis, Derry, Suarez, Anderson, 11 04/21/2003 22. RES. 2003-97 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of a grant application to the Federal Emergency Management Agency (FEMA) in the amount of $210,600 to purchase defibrillators. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2003-97 was adopted by the following vote: Ayes: Council Members/Commissioners Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Members/Commissioners Estrada, McCammack. 23. RES. 2003-98 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submittal of a Funding Request Form to the Department of Conservation, Division of Recycling for California Beverage Container Recycling and Litter Reduction activities. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-98 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 24. RES. 2003-99 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submittal of 2003/2004 Used Oil Recycling Block Grant application for grant funds from the California Integrated Waste Management Board. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2003-99 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 25. Authorize initiation of Development Code Amendment pertaining to second units Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Longville, that the Mayor and Common Council direct the Planning Division to initiate an amendment to the Development Code pertaining to second units. 12 04/21/2003 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 26. Item Deleted. 27. Request for waiver of fees - Central City Lutheran Mission's "Run for the Children" Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Longville, that $620 be transferred from the FY 2002/03 civic and promotion account to the Police departmental account as listed in the staff report from Fred Wilson, dated April 14, 2003; that a refund of $211.25 be authorized to the Central City Lutheran Mission for prior payment of insurance; and that a waiver of fees for the use of City personnel and equipment to assist the Central City Lutheran Mission in their "Run for the Children" event scheduled for May 3, 2003, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 28. ORD. MC-1143 - An Ordinance of City of San Bernardino amending Section 9.90.010(A) of the San Bernardino Municipal Code relating to authority to arrest and issue citations. FINAL READING Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Derry, that said ordinance be adopted. Ordinance No. MC-1143 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Chief of Police to execute a Memorandum of Understanding (MOU) agreement with the California Highway Patrol, San Bernardino Area, regarding drug investigations originated by the California Highway Patrol. (Continued from April 7, 2003) Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of May 5, 2003. 13 04/21 /2003 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 30. Report on cases closed by City Attorney - January 1, 2002 through December 31, 2002 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the report be received and filed. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 31. Findings of Fact supporting denial of General Plan Amendment No. 02-08 - to change the land use designation of approximately 6,750 square feet from RU-1, Residential Urban, to CG-1, Commercial General - located on the south side of 9' Street, approximately 77 feet east of Medical Center Drive. (Continued from April 7, 2003) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council adopt the Findings of Fact supporting denial of General Plan Amendment No. 02-08. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff Present Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel. Absent: None. R32. Public hearing - Amendment to 1993 City/Agency Verdemont Loan Agreement - public hearing to consider proposed increase to Verdemont Infrastructure Fee (VIF) (Continued from April 7, 2003) 14 04/21 /2003 RES. 2003-94 - Resolution of the Mayor and Common Council of the City of San Bernardino revising Section 1 of Resolution 95-40 relating to the amount of an infrastructure fee to be levied for right-of-way improvements and/or public improvements within the Verdemont Area, and adopting the Fourth (0) Amendment to the Engineer's Report. (R32A) RES. 2003-95 - A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and approving the Mayor, or her designee, to execute Amendment No. 1 to the January 15, 1993 Verdemont Loan Agreement by and between the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino. (R32B) RES. CDC/2003-10 - A Resolution of the Community Development Commission of the City of San Bernardino authorizing and approving the Agency Executive Director to execute Amendment No. 1 to the January 15, 1993 Verdemont Loan Agreement by and between the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino. (R32C) Mayor/Chairman Valles opened the hearing. Maggie Pacheco, Economic Development Agency Director of Housing and Community Development, provided background information. Council Member/Commissioner Longville questioned whether the City had considered increasing development fees in that area for new commercial and residential development. Special Counsel Sabo stated that this was a development fee that did not require a vote of the people and would only be imposed upon the houses to be built. He stated that he understood that there was very little property zoned commercial and industrial in the area, but noted that there was an equivalency that was part of the original Verdemont Fee. Council Member/Commissioner McCammack questioned whether the $1 million in land value the school district received for the Cesar Chavez School had ever changed hands. Ms. Pacheco stated that the $1 million was the value of the land that the district received and the Water Department was actually the owner of the site. She noted that the $1 million had not been paid to the City because it was dependent upon development of the Glazier and Bice properties, and some other parcels that were involved in the original Community Facility District (CFD). Council Member/Commissioner McCammack questioned whether the school district would owe the City $1 million if the Glazier and Bice properties were developed. 15 04/21/2003 Ms. Pacheco stated that the Agency would return to the Council to ask them to consider an amendment to the Verdemont Loan Agreement because there was another agreement that dealt with that $1 million, as well as some other issues from the school district. She stated that when they do return to the Council, they will describe the collection of fees that will occur on specific pieces of property and how they intend to distribute the payment of those fees. Council Member/Commissioner McCammack stated that it appeared as though many of those homeowners thought they were already paying into a fund that would provide for the infrastructure. She questioned whether the needs of the infrastructure should come before the loan repayment to the Agency. Ms. Pacheco stated that the Verdemont Infrastructure Fee is being collected by the City and 100 percent of it goes to the Redevelopment Agency to pay for the $1.9 million loan the Agency used to fund various infrastructure improvements. She stated that the fee is being proposed for the Verdemont Infrastructure Loan the Agency made to the City, $1.7 million for development of the fire station, and another $2.1 million for various public improvements. Ms. Pacheco stated that the engineer's report identified that $22 million was needed for infrastructure for the entire Verdemont area and the Agency was proposing less than $6 million of improvements to be funded out of that $22 million that was anticipated back when the fee was introduced. She stated that they came up with a deficit of over $12 million of additional improvements that are needed in the area over and above what was noted in the staff report. Council Member/Commissioner McCammack stated that it looked like the City was asking the homeowners for additional monies to pay back a loan that was already supposed to have been paid back. She noted that the improvements have been done, but there were still $22 million of improvements yet to do. She questioned whether there were more improvements needed than the residential development in that area could ever fund. Mr. Sabo stated that the area to the south should support approximately 1,400 homes and all the infrastructure was in place. He added that what they had been discussing was infrastructure such as repayment of the EDA loan and a fire station that would support the entire Verdemont area. He reported that the cost of developing an infrastructure for the area to the north would be somewhere between $6,000 and $8,000 per lot. Mr. Sabo stated that they assumed there were 2,169 houses to be built in the entire area. He noted that if only 1,400 homes were built, they would be able to pay back the amortized EDA loan and the infrastructure bank loan for the fire station and nothing else. He stated that if 2,100 homes were built, several homeowners would have to pay substantially more than $3,000 per house for the cost of development. Mr. Sabo stated that for the first time the Agency took the debt service schedule, restructured the EDA loan making it a ten-year amortized loan, and set a fee based 16 04/21/2003 upon their best estimate of a build -out schedule, which would generate about $22.1 million of additional funds that could be used to pay off the two loans early or pay off other infrastructure. Council Member/Commissioner McCammack questioned whether the cash flow should have been recalculated. Mr. Sabo replied by stating that the Agency would eliminate the $2.1 million on the additional improvements and would be able to debt service dollar for dollar the EDA loan and the State infrastructure bank loan. He stated that homeowners north of Little League Drive would have to pay $3,000 plus another add -on amount for the unique things that are a benefit only to that area such as access roads, freeway frontage roads, Cable Creek, etc. Council Member/Commissioner McCammack asked how many homes would have to be built per year in order to fund the $424,000 debt service. Mr. Sabo stated that a minimum of 144 homes would have to be built per year and if less than that were funded, the City's General Fund would have an obligation on the State infrastructure bank loan and the City would only accrue the amounts owed on the EDA loan. He stated that if the City had zero fees coming in, the EDA loan and the General Fund would have to fund the debt service to the State. Council Member/Commissioner McCammack stated that she did not see any proof that the $1,500 per unit would be set aside and used only for what the Council was dictating that it be used for, and she noted that the loan agreement could be amended several times before it was amortized out. Mr. Sabo noted that this issue had been before the RDA Committee on several occasions because of EDA's involvement with the Glazier and Bice properties. He stated that this fee had not been reviewed since 1995, but advised that it should be re- evaluated on an annual basis. Council Member/Commissioner McCammack stated that the Mayor and Council need to be prepared to protect the fund so it is set aside to do exactly what they intend it to do, and they must never forget the original action when the loan agreements are renegotiated. She suggested that the following language be added to the resolution: "That the funds collected under the Verdemont Infrastructure Fee be separated and dedicated to a restricted fund specifically designed and only expended for Verdemont Infrastructure. " Ms. Pacheco noted that by adopting the resolution, the Council would also be adopting the engineer's report, which specifically stated how the fees would be used. 17 04/21/2003 Council Member/Commissioner McCammack stated that the engineer's report talked about anticipated needs and she noted that this was the fourth amendment, which meant another amendment could happen as early as next year. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Mark Sheppard, Staff Vice President of the Business Industry Association of Southern California, Baldy View Chapter, stated that there are approximately 1,500 homes that would stand to benefit from the infrastructure, but have not paid any fees. He indicated that he had sent a letter to the City dated April 21, 2003, regarding the BIA—Baldy View Chapter's opposition to the proposed increase to the City of San Bernardino's Development Impact Fee (DIF) in the Verdemont Area. Senior Assistant City Attorney Carlyle suggested adding the following sentence to Page 3, Section 2 of Resolution A: "The $1,500 increase shall first be used to amortize the repayment of the pending fire station loan to the State. " Council Member/Commissioner McCammack disagreed with Mr. Carlyle's recommendation, stating that she had suggested that the funds be designed and only expended for Verdemont infrastructure --whatever that may be. Senior Assistant City Attorney Carlyle proposed adding the following language: "Specifically, the $3,000 Verdemont Infrastructure Fee shall be placed in a separate fund and shall be used only to fund infrastructure improvements in the Verdemont Area as described and defined in Chapter 15.73 of the San Bernardino Municipal Code." Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the hearing be closed; that said resolutions A-C, be adopted; and that the following language be added to Resolution A, Page 3, Section 2: "Specifically, the $3,000 Verdemont Infrastructure Fee shall be placed in a separate fund and shall be used only to fund infrastructure improvements in the Verdemont Area as described and defined in Chapter 15.73 of the San Bernardino Municipal Code." The motion carried and Council Resolution Nos. 2003-94 and 2003-95 and Community Development Resolution No. CDC/2003-10 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Suarez, Anderson, McCammack. Nays: Council Member/Commissioner Derry. Absent: None. R33. Public hearing - Use of Community Development Block Grant (CDBG), Section 108 Loan, Emergency Shelter Grant (ESG), and HOME Program Funds - 2003/2004 appropriations 18 04/21/2003 RES. 2003-96 - Resolution of the Mayor and Common Council of the City of San Bernardino: (1) approving the CDBG Community Development Citizen Advisory Committee (CDCAC) and Redevelopment Committee's recommendations in Attachment I; (2) approving the HOME and Emergency Shelter Grant (ESG) allocations; (3) authorizing the Mayor to execute and submit to HUD all documents and to take all necessary actions to implement the City's consolidated plan and 2003/2004 Annual Action Plan, including the submittal of a Section 108 Loan to HUD, the preparation and execution of agreements with public service agencies. Senior Assistant City Attorney Carlyle stated that the City Attorney's Office would abstain on this matter because Mr. Penman's wife was a member of the Board of Directors of one of the subject organizations. Council Members/Commissioners Longville and Suarez stated that they would abstain on this matter because they were board members of organizations recommended to receive public service funding. Mayor/Chairman Valles opened the hearing. Maggie Pacheco, Economic Development Agency Director of Housing and Community Development, provided background information. Council Member/Commissioner McCammack stated that her concern was that the Council was being asked to set aside $500,000 per year of the City's CDBG grant funding specifically for the repayment of a $10 million loan for a list of projects they had not yet seen. She stated that she would rather see the staff report or the resolution worded in such a way that would not tie the City's hands to borrowing $10 million that it may or may not be able to repay depending on what the State does with its RDA money. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Frank Campbell, Vice President, Camp Fire USA, San Andreas Council, San Bernardino, CA, stated that he had sent a letter to the City dated April 21, 2003, requesting reconsideration of the CDBG Committee's denial of funding for their program, "After school, off track, and summer vacation Day Camp." Suzanna Negrete, El Sol Neighborhood, Ruben Campos Community Center, San Bernardino, CA, thanked the City for considering their program, "Step to a Better Future. " 19 04/21 /2003 Luis Diaz, El Sol adult education teacher, stated that he works with students in the GED program who are limited English and Spanish speaking members of the community. Lenore Schon, member of the CDBG Committee, stated that they agonized over who would receive funds and who would not. Council Member/Commissioner McCammack inquired as to how much money was in the contingency fund. Ms. Pacheco stated that the balance of the contingency fund from the 2003/2004 appropriation was about $50,000, and the balance from the current fiscal year was probably close to $125,000. She stated that the Agency would be returning to the Council to discuss the "E" Street Median project, as well as Old Towne Infrastructure needs. Council Member/Commissioner McCammack requested that the Council reconsider using $12,500 from the contingency fund for Campfire USA. She also requested that if it was the Council's desire to move the form motion, that they combine Item Nos. 1 and 2 and vote on Item No. 3 separately. Ms. McCammack stated that the Agency was asking the Council to allow them to prepare an application for $10 million, but noted that she could not do that without knowing what they intend to use the money for. She stated that she understood the necessity to encumber funds for specific reasons before a certain program ran out, but felt it would not be prudent for the Council to do that without at least having a tentative list. Ms. Pacheco stated that the application would contain the list of improvements. Council Member/Commissioner McGinnis recommended that the Campfire USA issue go back to the RDA Committee for reconsideration. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the hearing be closed; and that the Council take items (1) and (2) of the Resolution title as one vote and item (3) as a second vote. (No vote was taken.) Special Counsel Sabo suggested adding a sentence to Section 4 on page 2 of the resolution, as follows: "No Section 108 Loan Application shall be submitted on behalf of the City to HUD unless first approved by this Mayor and Common Council together with a list of projects intended to be funded by the proceeds as such." 20 04/21 /2003 It was the consensus of the Council that the language suggested by Mr. Sabo was unnecessary because that was already the current procedure. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the hearing be closed. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Anderson, McCammack. Nays: None. Abstentions: Council Members/Commissioners Longville, Suarez. Absent: None. Council Member/Commissioner McCammack stated that she felt it would behoove the Council to have a workshop to lay out all the concerns, suggestions, and potential projects on the table, prior to approving Item No. 3. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that Item Nos. 1 and 2 be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners McGinnis, Derry, Anderson, McCammack. Nays: Council Member/Commissioner Estrada. Abstentions: Council Members/Commissioners Longville, Suarez. Absent: None. Ms. Pacheco stated that if the Council had a concern about Section 108 with respect to Item No. 3, she suggested they modify that section to authorize the Mayor to execute and submit to HUD all documents and take all necessary actions to implement the City's Consolidated Plan relative to the Annual Action Plan, including the submittal of a Section 108 Loan to HUD. She stated that in order to submit the plan to HUD prior to the May 15 deadline, they needed the Mayor and Council to authorize preparation of the plan, perhaps as Motion No. 4, to include a list of the improvements to be funded through the Section 108 Loan. Ms. Pacheco suggested leaving Item No. 3 as it was written, putting a period after "Plan" and making the last three lines (of the resolution title) Item No. 4. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Council authorize preparation of the plan and that it be brought back with a list of improvements to be contemplated, and that the last three lines of the resolution title be included as Item No. 4. (No vote was taken.) Ms. Pacheco stated that HUD would not accept the application without having a list of specific uses for the funds. She stated that May 15 was the deadline for the submittal of the Action Plan to HUD, and that submittal of the Section 108 Loan would take 21 04/21 /2003 place prior to June 30, which meant that they would go to the RDA Committee, or they could have a workshop next month. Council Member/Commissioner Estrada recommended approving the submittal of the Plan and suggested that staff coordinate a workshop with the full Council/Commission as soon as possible in order to discuss which projects should be on the list. Ms. Pacheco stated that it had been her intent to go before the RDA Committee in the next couple of weeks to discuss specifics of the Section 108 Loan and get a recommendation. City Clerk Clark stated that the three items being discussed were included in the title of the resolution. She indicated that if it was the Council's intent to change the title of the resolution, they could eliminate the last three lines of the title and delete Section 4 on Page 2. Council Member/Commissioner McCammack stated that she would be willing to approve the motion, excluding the last three lines of the resolution, and including an additional motion directing staff to set up a workshop as quickly as possible, to include the entire Council/Commission, to consider the projects to be listed in the application. There was discussion as to whether the motion that approved Item Nos. 1 and 2 also included adoption of the resolution. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the motion approving Item Nos. 1 and 2 be rescinded. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Anderson. Nays: Council Member/Commissioner McCammack. Abstentions: Council Members/Commissioners Longville, Suarez. Absent: None. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the resolution be adopted as written. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Anderson. Nays: None. Abstentions: Council Members/Commissioners Longville, Suarez, McCammack. Absent: None. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that staff be directed to set up a workshop as soon as possible with the full Council/Commission to determine the projects that will be listed on the application. 22 04/21 /2003 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, McCammack. Nays: Council Member/Commissioner Anderson. Abstentions: Council Members/Commissioners Longville, Suarez. Absent: None. R34. RES. CDC/2003-11 - Resolution of the Community Development Commission of the City of San Bernardino, California, approving an Educational Revenue Augmentation Fund loan from Community Low and Moderate Income Housing funds and promissory notes from Redevelopment Project Areas, and authorizing execution thereof. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. CDC/2003-11 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. R35. RES. CDC/2003-12 - Resolution of the Community Development Commission of the City of San Bernardino (1) approving the sale of Tuscany Apartments ("Project") to MG Tuscany Apartments, L.P.; (2) approving execution of certain amendments to the Indenture and Loan Agreement relating to $7,000,000 Redevelopment Agency of the City of San Bernardino 1996 Multi -Family Housing Revenue Bonds; (3) approving execution of an Assumption Agreement related to the sale of the Project; (4) appointing Bond Counsel in connection with the sale of the Project; and (5) authorizing distribution of a Supplement to the Placement Memorandum relating to the Bonds. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDC/2003-12 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None, R36. Public Employees Retirement System (PERS) Contract Amendment RES. CDC/2003-13 - San Bernardino Economic Development Agency Resolution authorizing an Amendment to the Contract. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. 23 04/21/2003 Resolution No. CDC/2003-13 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. R37. RES. CDC/2003-14 - Resolution of the Community Development Commission of the City of San Bernardino, California, approving Amendment No. 1 to the Loan Agreement, and authorizing execution thereof, between the Redevelopment Agency and the San Bernardino Symphony. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDC/2003-14 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 38. Public Comments Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke about local church cults. 39. Adjournment At 9:28 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1:30 p.m., Monday, May 5, 2003, in the Council Chambers of City Hall, 300 North "D" Street. The public portion of the meeting will begin at 3:00 p.m. No. of Items: 39 No. of Hours: 6 RACHEL G. CLARK City Clerk By Linda Sutherland Deputy City Clerk 24 04/21 /2003