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HomeMy WebLinkAbout02-07-2005 MinutesSan CITY OF SAN BERNARDINO 300 N. "D " Street San Bernardino, CA 92418 Website: www.sbeity.org MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING FEBRUARY 7, 2005 COUNCIL CHAMBERS Mayor Judith Valles Council Members: Esther Estrada Susan Longville Gordon McGinnis Neil Derry Chas Kelley Rikke Van Johnson Wendy McCammack The joint regular meeting of the Mayor and Common Council and Community Development Commission was called to order by Mayor/Chairman Valles at 1:38 p.m., Monday, February 7, 2005, 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, McGinnis, Derry, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members/Commissioners Longville, Kelley, Johnson. Council Member/Commissioner Johnson Arrived At 1:44 p.m., Council Member/Commissioner Johnson arrived at the Council/ Commission meeting. Council Members/Commissioners Longville and Kelley Arrived At 1:46 p.m., Council Members/Commissioners Longville and Kelley arrived at the Council/Commission meeting. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): 02/07/2005 Luis Alberto Jovel, an individual; Marina Jovel, an individual v. City of San Bernardino, et al. - United States District Court Eastern District of California - Case No. CIV F-04-6586 AWI DLB; Candice Dick v. City of San Bernardino, et al. - United States District Court Case No. EDCV 02-158 VAP (SGLx); Marshall v. City of San Bernardino, et al. - United States District Court Case No. EDCV 04-00272 VAP (SGLx); of San Bernardino States Department of the Army - CV 96-8867 & CV 96-5205; Water Department v. The United ited States District Court Case Nos. Michelle P. Arroyo v. City of San Bernardino, et al. - United States District Court Case No. CV 02-8967 ABC (SHSx) & San Bernardino Superior Court Case No. SCVSS 100619. 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: Patrick Major v. City of San Bernardino Fire Department; San Bernardino City Professional Firefighters Local No. 891 v. City of San Bernardino, Larry Pitzer, et al. 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 2 02/07/2005 G. Employee Organizations: General Unit Fire Safety Employees Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property: 247 W. Third Street Negotiating Parties: Judith Valles, Mayor, on behalf of the Redevelopment Agency, property owners, and Gerry Newcombe, Deputy Administrative Officer, on behalf of the County of San Bernardino Under Negotiation: Purchase price, terms and conditions 2. Proper That parcel consisting of approximately 67.75 acres identified as Parcel 1-2 at the San Bernardino International Airport, and generally bounded by Harry Sheppard Boulevard, Del Rosa Drive, Paul Villasenor Boulevard, and Memorial Drive Negotiating Parties: Don Rogers on behalf of the Inland Valley Development Agency. David Newsom on behalf of Hillwood/San Bernardino LLC. Bruce Varner on behalf of Stater Bros. Markets. James F. Penman on behalf of the City of San Bernardino Under Negotiation: Terms and conditions Uptown Project Area 3. Property: APN 0145-242-32 and APN 0145-242-33 Owner/Seller: Mayor Judith Valles, on behalf of the Redevelopment Agency of the City of San Bernardino, property owner(s) Buyer: San Bernardino City Unified School District ("District") Central City North Redevelopment Project Area 4. Property #1: 734 W. 411 Street (Vacant land) APN 0134-093-20 and APN 0134-093-19 3 02/07/2005 5. G� 91 .7 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Penhun Ltd./Expo Ltd., property owner(s) Under Negotation: Purchase price, terms and conditions Property #7: 796 W. 5' Street APN 0134-054-25 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and William R. Bland, property owner(s) Under Negotiation: Purchase price, terms, and conditions Property #8: 795 W. 5' Street APN 0134-093-41 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Tien Lee International Limited Corp., property owner(s) Under Negotiation: Purchase price, terms, and conditions Property #9: 755 W. 5' Street APN 0134-093-40 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Patel B. and Premila B. Dashrath, property owner(s) Under Negotiation: Purchase price, terms, and conditions Property #11: 745 W. 5' Street APN 0134-093-05 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Patrick A. Abitante Trust, property owner(s) Under Negotiation: Purchase price, terms, and conditions Property #11: Parking Lot APN 0134-093-06 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Patrick Abitante, property owner(s) Under Negotiation: 10. Property #13: 4 Purchase price, terms and conditions 575 W. 5" Street APN 0134-093-07 02/07/2005 11 12. 13 14 15. Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and International Capital Investment, Inc., property owner(s) Under Negotiation: Purchase price, terms, and conditions Property #14: 701 W. 5' Street (Vacant lot) APN 0134-093-08 & APN 0134-093-09 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Faas UP Family Trust, property owner(s) Under Negotiation: Purchase price, terms, and conditions Property #15: Vacant Land APN 0134-054-24 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Fook Sung Investment Co. Ltd., property owner(s) Under Negotiation: Purchase price, terms, and conditions Property #16: 696 W. 51" Street APN 0134-061-30 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Christopher C. and Henry C. Ko, property owner(s) Under Negotiation: Purchase price, terms, and conditions Property #17: 795 W. 5' Street APN 0134-061-22 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Christopher C. and Henry C. Ko, property owner(s) Under Negotiation: Purchase price, terms, and conditions Property #18: 495 N. "G" Street APN 0134-101-28 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Dae W. and Jeong I. Hong, property owner(s) Under Negotiation: Purchase price, terms, and conditions 5 02/07/2005 16. 17 18 19 20 21 Property #19: Vacant Land APN 0134-093-10 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Parlock Holdings, LLC, property owner(s) Under Negotiation: Purchase price, terms, and conditions Property #20: 448-450 N. "G" Street (Vacant land) APN 0134-093-11 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Siegfried D. Faucette, property owner(s) Under Negotiation: Purchase price, terms, and conditions Property #21: 448-450 N. "G" Street APN 0134-093-44 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Protea Hotel, Inc, property owner(s) Under Negotiation: Purchase price, terms, and conditions Property #22: 740 W. 411 Street APN 0134-093-43 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Penhun Ltd./Expo Ltd., property owner(s) Under Negotiation: Purchase price, terms, and conditions Property #23: 708 W. 4' Street APN 0134-093-45 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Chiyo Lapham, property owner(s) Under Negotiation: Purchase price, terms, and conditions Property #57: Vacant Land APN 0134-101-04, 0134-101-05, 0134-101-06 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Charles H. and Sarah M. Garner Trust, property owner(s) Under Negotiation: Purchase price, terms, and conditions 6 02/07/2005 IVDA Redevelopment Project Area 22. Property: 2073 N. Newcomb Street APN 1191-021-21 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Rafael Orantes, Hector M. Moreno, and Roberto Romo, property owner(s) Under Negotiation: Purchase price, terms, and conditions City Attorney Penman announced that the following items would be discussed in closed session under Agenda Item No. 1B, Significant exposure to litigation: Residents of Mirada Road v. City of San Bernardino; Agenda Item No. 13 City Attorney Penman announced that during closed session the following item had been discussed under Agenda Item 1G, Conference with real property negotiator: Property: 567 N. Sierra Way Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and David Moore, on behalf of the YWCA Under Negotiation: Purchase price, terms & conditions Moment of Silence Mayor/Chairman Valles requested a moment of silence in memory of Alonzo Thompson, who was a member of the Elk's Club for over 65 years, co-founder of the Pal Center, a former president of WAG, and the founder of the City's Black History Parade. Council Member/Commissioner Estrada extended condolences to the family of Lawrence Mendoza, a former City employee who worked for many, many years in the Refuse Division and passed away a couple of weeks ago. Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. 7 02/07/2005 Invocation/Pledge of Allegiance The invocation was given by Reverend Petra Malleis-Sternberg of the First Congregational United Church of God in Christ, followed by the pledge of allegiance, led by Mark Luna and Katalina Rubio from Bradley Elementary School. 2. Appointments • Joyce Seeger - Community Development Citizens Advisory Committee - Council Member/Commissioner Kelley Dr. Cecelia Parrenas - Human Relations Commission - Council Member/ Commissioner Estrada Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council approve the appointments of Joyce Seeger to the Community Development Citizens Advisory Committee as requested by Council Member/Commissioner Kelley and Dr. Cecelia Parrenas to the Human Relations Commission as requested by Council Member/Commissioner Estrada. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 3. Proclamations & Presentations There were no proclamations or presentations. 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative of the Chamber of Commerce regarding various civic and community events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council/ Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8 02/07/2005 6. Claims and Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated February 1, 2005, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the personnel actions as submitted by the Chief Examiner dated February 1, 2005 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, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8. RES. 2005-38 - Resolution of the City of San Bernardino approving the form of and authorizing the execution and delivery of a Purchase and Sale Agreement and related documents with respect to the sale of the City of San Bernardino's Vehicle License Fee Receivable from the State; and directing and authorizing certain other actions in connection therewith. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2004/05 budget by increasing revenue Account No. 001-000-4932 (VLF Loan Sale) by $3 million and a corresponding increase to the General Fund Budget Reserve of $3 million. The motion carried and Resolution No. 2005-38 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. Review and take action regarding the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire pursuant to Government Code Section 8630 (c)(1) Note: No backup materials were distributed. 9 02/07/2005 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council confirm the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. Receive and file - 2003/2004 Annual Audit - Water Department's Water and Sewer Utilities Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council receive and file the 2003/2004 Annual Audit of the Water Department's Water and Sewer Utilities. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. Contract Change Order No. Two - Nikola Corporation - sewer improvements on Baseline Street (SW04-04); "I" Street (SW04-30); Wilson Street and 35' Street (SW04-31), per Plan No. 10890 & authorization for the Director of Finance to amend the FY 2004/05 budget Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. Two in the amount of $33,946.12 to contract with Nikola Corporation for sewer improvements on Baseline Street (SW04-04); "I" Street (SW04-30); Wilson Street and 35' Street (SW04-31), per Plan No. 10890; and that the Director of Finance be authorized to amend the FY 2004/05 budget by transferring $33,900 from unallocated sewer construction funds; transfer $11,300 to Account No. 245-365-5504-7417 (SW04-04); transfer $11,300 to Account No. 245-365-5504- 7427 (SW04-30); and transfer $11,300 to Account No. 245-365-5504-7428 (SW04-31). The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10 02/07/2005 12. RES. 2005-41 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Macadee Electrical Construction, Inc., for traffic signal improvements at 5" Street/Waterman Avenue (TC04- 02), 3'd Street/Waterman Avenue (T'C04-02), Baseline Street/"E" Street (TC04-02), Baseline Street/Arrowhead Avenue (TC04-02), Pepper Avenue/Rialto Avenue (TC04-02), Hunts Lane/"E" Street (TC04-19), and Arden Avenue/20' Street (TC04-25); per Plan No. 11177. Council Member/Commissioner McCammack asked staff to check on the scheduling of two signal improvements that were on the CIP—one at 30' and "E" Street and the other at 30°i and Valencia Avenue. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council authorize the Director of Finance to amend the FY 04/05 adopted budget and transfer $59,300 to Account No. 129-367-5504-7338, TC04-02, "City -Wide Traffic Signal Improvements" from Account No. 129-367-5504- 7331, TC04-14, "Victoria Avenue and Lynwood Drive New Traffic Signal" (previously allocated Measure "I" funding), and transfer $6,500 to Account No. 250-370-5504-7338 (TC04-02) from Account No. 250-370-5504-7481, TC04- 23, "6°i Street Pedestrian Signal Upgrade"; and that the Director of Finance be authorized to amend the FY 04/05 adopted budget and transfer $26,300 to Account No. 250-370-5504-7434, TC04-19, "Hunts Lane at `E' Street New Traffic Signal" from Account No. 250-370- 5504-7481, TC04-23, "6' Street Pedestrian Signal Upgrade," and transfer $8,600 to Account No. 250-370-5504-7434 (TC04-19) from Account No. 250- 370-5504-7482, TC04-24, "5°i Street Pedestrian Signal Upgrade"; and that the Director of Finance be authorized to amend the FY 04/05 adopted budget and transfer $24,200 to Account No. 250-370-5504-7450, TC04-25, "Arden Avenue at 20" Street New Traffic Signal" from Account No. 250-370- 5504-7482, TC04-24, "5°i Street Pedestrian Signal Upgrade"; and that the Director of Development Services be authorized to amend the Measure "I" 5-year Capital Improvement Program to reflect the transfer of funds from TC04-14 to TC04-02; and that said resolution be adopted. The motion carried and Resolution No. 2005-41 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11 02/07/2005 13. Contract Change Order No. One - Guzman Construction Company - storm drain improvements in Rialto Avenue from Rancho Avenue to Pennsylvania Avenue (SD04-09) to include Palm Avenue Catch Basin, per Plan No. 10311 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. One in the amount of $96,970.80 to contract with Guzman Construction Company for storm drain improvements in Rialto Avenue from Rancho Avenue to Pennsylvania Avenue and to install Palm Avenue Catch Basin; and that the Director of Finance be authorized to appropriate $39,000 from the Storm Drain fund balance to Account No. 248-368-5504-7255 (Rialto Avenue Storm Drain) and appropriate $49,000 from the Storm Drain fund balance to Account No. 248-368-5504-7553 (Palm Avenue Storm Drain and Catch Basin.) The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14, RES. 2005-39 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding Golden State Fence Company a purchase order in the amount of $176,238 for the purchase and installation of wrought iron security fences at six (6) community pools: Jerry Lewis Swim Center; Mill Community Center; Rudy Hernandez Center; Ruben Campos Center; Delmann Heights Center; and Boys & Girls Club. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; and that the Mayor and Common Council authorize the Director of Finance to appropriate $176,500 from the undesignated Park Construction Fund balance to CIP Project No. 243-363-5504-7504 for the purchase and installation of wrought iron fences at community pools. The motion carried and Resolution No. 2005-39 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2005-40 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a purchase order in the amount of $26,500 to Pro Line Gymnasium Floors for replacement of gymnasium floor at Norton Recreation Center per RFQ Bid Specification F05-03. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 12 02/07/2005 Resolution No. 2005-40 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. Receive and file - FY 2004/05 Second Quarter Budget Report Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council receive and file the FY 2004/05 Second Quarter Budget Report. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. Public hearing - resolution ordering work - Belmont Avenue and Magnolia Avenue Landscape Maintenance Assessment District No. 1037 (Tract No. 13630) RES. 2005-42 - Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots representing at least fifty percent (50%) affirmative votes for the proposed assessment have been received and that the public convenience and necessity require the maintenance of landscaping in the area of Belmont Avenue and Magnolia Avenue, approving the final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1037, ordering the work, confirming the 2005-2006 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. Mayor/Chairman Valles opened the hearing. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2005-42 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. Public hearing - resolution ordering work - Orange Show Road and Arrowhead Avenue Landscape Maintenance Assessment District No. 1038 (Parcel No. 16222) 13 02/07/2005 Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots representing at least fifty percent (50%) affirmative votes for the proposed assessment have been received and that the public convenience and necessity require the maintenance of landscaping in the area of Orange Show Road and Arrowhead Avenue, approving the final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1038, ordering the work, confirming the 2005-2006 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. Mayor/Chairman Valles opened the hearing. Burrell Magneson, Chairman of Essex, developer of the property, said it was his understanding that the landscape maintenance assessment district would be a default district. He advised that an association is being formed of property owners within this business development whereby all of the owners will be members of the association and that very strict CC&Rs will be enacted and filed that will require each of the owners to pay and to maintain landscaping as well as other elements of the properties. He stated that he was merely clarifying his understanding of the process, because it sounded like the property owners were going to be billed twice —once by the association and again by the City through an assessment on the actual tax rolls. City Administrator Wilson stated that this was the first he had heard of this; that normally the City goes through the process of forming the landscape maintenance district and the cost is added to the property tax bill. Council Member/Commissioner McGinnis questioned whether Essex had applied for an association. According to Mr. McGinnis, a property owner can apply for an association in lieu of the landscape district; however, if nobody has applied, that is when the City goes through and does it's own application for an assessment district. Mr. Magneson indicated that he was a bit surprised that the default language wasn't included, because all along they had intended to maintain the landscaping themselves, as the association. He stated that in the event the landscaping was not maintained, the City wanted some teeth whereby they could step in with the landscape maintenance district formation and enforce the landscaping. 14 02/07/2005 City Clerk Clark stated for the record that there were 14 parcels, that 14 assessment ballot forms had been mailed to the property owner, and that all 14 had been returned to the City unanimously approving the proposed assessment and they were all signed by Mr. Magneson, the property owner. City Attorney Penman stated that Special Counsel Sabo was doing something similar at the old Norton Air Base and asked him to comment on this. Mr. Sabo explained that at the former Norton Air Base they are about ready to file for a landscape lighting district, and there is a default mechanism in it; however, what they are doing is forming the actual district and then they are proposing an agreement that, as long as a property owner adequately maintains their adjacent landscaping, they would not then be assessed for that amount. He stated that it was his understanding that right now the City has no such mechanism in place for a true default assessment district, and that is why when he started working on this about a year ago he proposed that there would be a formal agreement to be approved by the City Council and offered to one or more of the large property owners —that as long as they adequately maintain their landscaping, the City would not have contract crews perform the maintenance. He stated that the City might want to do something similar in this situation. Mr. Magneson stated that he thought Mr. Sabo had a good suggestion —that it seemed to be a great way to reconcile the issue. The association would maintain the landscaping; however, if it wasn't done properly, or to the City's best interest, the landscape maintenance district would already be formed and the City would have the teeth to come in and say, we don't like what you are doing and we're going to assess. Council Member/Commissioner McGinnis suggested that the hearing be continued in order to allow the City Attorney's office to investigate the matter so that the City is ready with the landscape maintenance district in the event the association fails to maintain the property, including language or agreements to ensure that the property owners are not billed twice. Council Member/Commissioner Estrada questioned whether the Council was still talking about doing a maintenance district or whether they were talking about a separate agreement that would be done with the corporation. City Attorney Penman stated that this would need to be figured out, because he understood Mr. Magneson to say that he felt the landscape maintenance assessment district was going to be a backup to the association handling the landscaping; however, Mr. Penman was not sure what the City understood. 15 02/07/2005 Mayor Valles asked the City Attorney to look into the matter with the goal being to have the district maintained without billing the landowners twice. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/Commission meeting of February 22, 2005, to allow the City Attorney's Office time to investigate and find the best way to handle the matter. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, Economic Development Agency Executive Director Van Osdel, City Clerk Clark. R19. RES. CDC/2005-5 - A Resolution of the Community Development Commission of the City of San Bernardino authorizing and approving the Executive Director to execute a three (3) year agreement by and between Neighborhood Housing Services of the Inland Empire, Inc. (NHS) and the Redevelopment Agency ("Agency") for administration of the Agency's Single Family Beautification Loan/Grant and Mobile Home Grant programs. Council Member/Commissioner McCammack stated that she would have to abstain because NHS is a business client. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. CDC/2005-5 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. R20. Close joint public hearing - Disposition and Development Agreement between the Redevelopment Agency of the City of San Bernardino and Senior Housing Advocate Corporation (194 E. 11' Street - Affordable Housing Project.) (Item was heard on January 24, 2005, Item No. R24.) The hearing remained open. 16 02/07/2005 City Attorney Penman advised that an amendment needed to be made to the recommended motion and suggested additional language to the Council. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council and Community Development Commission close the hearing and ratify all actions previously taken on January 24, 2005. Council Member/Commissioner McGinnis stated he would abstain since he did not attend the meeting of January 24. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, Derry, Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/Commissioner McGinnis. Absent: None. 21. Public Comments Parrish Highley, 26127 Edgemont Drive, Highland, CA, requested that the Mayor and Council adopt a formal resolution opposing any further fee to trust transfers of the San Manuel Band of Mission Indians. He explained that this would mean that the Tribe can continue to purchase all the land, buildings, and homes they want, but they would remain within the City's tax base. He distributed several letters of supporting evidence for his request. Reverend Betty Long, 734 West 10' Street, San Bernardino, CA, spoke regarding the problems of potholes and tree roots that are pushing up the sidewalks, especially as these conditions affect those individuals using wheelchairs. 22. Adjournment At 4:52 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, February 22, 2005, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 22 No. of Hours: 3.25 RACHEL G. CLARK City Clerk p By: . Linda E. Hartzel Deputy City Clerk 17 02/07/2005