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HomeMy WebLinkAbout08-15-2005 Minutesi Mayor Judith Valles CITY OF SAN BERNARDINO Council t[ Members: Esther Estrada 300 N. "D " Street Susan Longville San Bernardino, CA 92418 Gordon McGinnis Neil Derry Website: www.sbcity.org 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 AUGUST 15, 2005 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 Pro Tem/Acting Chairman McCammack at 1:41 p.m., Monday, August 15, 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 Pro Tem/Acting Chairman McCammack; Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack; Senior Assistant City Attorney Milligan, City Clerk Clark, City Administrator Wilson. Absent: Mayor/Chairman Valles, Council Member/Commissioner Longville. Council Member/Commissioner Longville Arrived At 2:15 p.m., Council Member/Commissioner Longville 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): Mohammed Fawzi Hassan, et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 05-328 VAP (SGLx); 1 08/15/2005 Jennifer Vasquez v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 119021. 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: City of San Bernardino v. San Bernardino Unified School District 855 Hope Street (APN 0280-181-15) Vacant Lot (APN 0280-181-16) 895 Hope Street (APN 0280-181-14) 834 Cleavenger Street (APN 0280-181-44) D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino City Professional Firefighters G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Proper : 247 West 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. Property: 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 2 08/15/2005 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 3. Property: Joint Use Multipurpose Room/Gymnasium at the Cesar Chavez Middle School, 6650 Magnolia Court, San Bernardino, California Negotiating Parties: Marianne Milligan, City Attorney's Office, and Teri Baker, City Administrator's Office, for the City of San Bernardino, licensee; Wael Elatar, Facilities Administrator, San Bernardino City Unified School District, as property owner Under Negotiation: Terms and conditions Central City North Redevelopment Project Area 4. Pro 745 West 5' Street APN 0134-093-05 and APN 0134-093-06 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 5. Property: 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 6. Pro 740 West 4' Street APN 0134-093-19, 20, and 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 7. Pro 723-739 West 5' Street APN 0134-093-07 3 08/15/2005 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Walter L. B. Ammons, property owner(s) Under Negotiation: Purchase price, terms and conditions 8. Property: 708, 720 West 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 9. Property: 570 West 4' Street APN 0134-131-019, 020, 021, 022, 023 and 024 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, property owner(s), and Frank Rizzi, purchaser Under Negotiation: Purchase price, terms and conditions Senior Assistant City Attorney Milligan announced that the following additional items would be discussed in closed session under Agenda Item 1A, Existing Litigation: et al. v. Valerie Pone -Ludlam, et al. - San Bernardino Legal issues relating to Agenda Item No. 27. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Major Russell Fritz of the Salvation Army, followed by the pledge of allegiance, led by Council Member/Commissioner Longville. 2. Appointments There were no commission appointments. 3. Presentations Council Member/Commissioner Johnson presented certificates of recognition to members of Team Inland of San Bernardino, winner of the National AAU Basketball Championship for ages 11 and under. 4 08/15/2005 A resolution acknowledging the Rotary Breakfast Club of San Bernardino, the Wallis Jones Foundation, and the Blair Park Neighborhood Cluster Youth Association, for their outstanding support of the Center for Individual Development (C.I.D.) and Parks, Recreation & Community Services Department programs, was accepted by Shab El-Awar, Assistant Governor for Rotary District 5330, and Tracylyn Sharrit, Director of Community Services for the Rotary Breakfast Club. Olivia Partida, President of the Women of Achievement Committee, announced that the winners of the 2005 Women of Achievement Scholarship Competition were Peggi Hazlett, Assistant to the Mayor, and Kristina Hernandez, Customer Services Representative for the Water Department. Council Member/Commissioner Longville announced that Manuel Alberto Aybar was selected as one of three American conductors to conduct and perform at the Royal College of Music in London during the week of August 1-5, 2005. She stated that over the summer she had sent letters to people in the arts and development communities and community institutions requesting donations to help Manuel with the costs associated with his trip. On behalf of the people of the City of San Bernardino, Ms. Longville presented Manuel with checks totaling $1,365. Mr. Aybar thanked everyone for their generous contributions. He stated that representing San Bernardino and being the only Californian in London was a wonderful experience. He added that he loves to conduct and he hopes to share his gifts and talents with the people of San Bernardino as often as possible. Wallace Green, Assistant to the Mayor/EEO Officer, read the names of the following individuals who were presented a service pin award by Mayor Pro Tem/Acting Chairman McCammack in recognition of their many years of dedicated service to the City: Name Department Years of Service Jesse Balderama Code Compliance 20 Deborah Morrow Finance (Purchasing) 20 Kim Burgett Parks, Recreation & Community 25 Services Jeffrey Breiten Police 25 Jackie Rodriguez Police 5 Susan Salbato Police 5 Christina Sanchez Police 5 Donald Soderbloom Police 25 Kathryn Thompson Police 5 5 08/15/2005 4. 5. 7 A Announcements Announcements were made by the Mayor Pro Tem, members of the Common Council, elected officials, and a representative of the Chamber of Commerce regarding various civic and community events and activities. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that full reading of the resolutions and ordinances on the regular and supplemental agendas 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. Council Minutes Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, 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: July 5, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Claims & Payroll Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated August 3, 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. Personnel Actions Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the personnel actions, as submitted by the Chief Examiner, dated August 10, 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. 6 08/15/2005 6 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. RES. 2005-284 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Amendment to the Services Agreement with R3 Consulting Group, Inc., for assistance concerning commercial refuse services provided by franchised refuse haulers. Council Member/Commissioner Longville stated that she did not understand how this agreement exceeded the maximum of $58,070 by $30,000 without ever coming back to the City Council and with not one word about why significant progress had evolved requiring additional work by the consultant. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that this item be continued for two weeks so she could get some answers. (Note: No vote was taken at this time.) City Administrator Wilson replied by stating that it had to do with the initial intent behind the consultant's project which was to look at outsourcing some of the new commercial growth. He stated that during the course of the past year and through the efforts of the Budget Committee, they began to look at other ways to help address the City's budget situation. One of the ideas they came up with was to franchise the roll -off operation, so they used the excess capacity in the existing contract and asked the consultant to explore roll -off operation services. Mr. Wilson stated that it was their intent that the successful bidder would have paid the lion's share of the consultant's contracts, and the goal was to have it all wrapped up at one time, but since they were not able to do that, they were forced to bring this item back for the Council's approval. He added that it should have been a no - cost proposal, but because it didn't accomplish their initial goals, they decided not to proceed. Council Member/Commissioner Longville made a substitute motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2005/06 budget as indicated in the staff report dated July 28, 2005, from Fred Wilson, City Administrator. The motion carried and Resolution No. 2005-284 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2005-276 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain records no longer required to be maintained by the San Bernardino City Attorney's Office. 7 08/15/2005 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-276 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. 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. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, 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. 12. ORD. MC-1212 - An Ordinance of the City of San Bernardino modifying Chapter 19.20 (Property Development Standards), Section 19.20.030(8), Table 20.01 of the San Bernardino Municipal Code (Development Code) related to heights of fences for schools (established prior to November 1, 2004) in Residential Land Use Districts. FINAL READING Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said ordinance be adopted. Ordinance No. MC-1212 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. 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 property generally located on the southeast corner of Mac Kay Drive and "D" Street in the City of San Bernardino. Note: No resolution was distributed with the backup materials. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the matter be tabled. 8 08/15/2005 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. RES. 2005-277 — Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to David T. Wasden, Inc., for the replacement of sewer manholes at various locations in the City of San Bernardino (SW05-08) per Project Plan No. 11341. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the Director of Finance be authorized to allocate $128,300 from Sewer Maintenance Funds balance to Account No. 132- 431-5505-7472 for replacement of sewer manholes at various locations (SW05-08) per Plan No. 11341; that the Director of Finance be authorized to unallocate the $128,300 in Account No. 245-365-5504-7472 "Manhole Replacement/Upgrade" to City standard (SW05-08) and return it to the Sewer Line Construction Fund balance; and that said resolution be adopted. The motion carried and Resolution No. 2005-277 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2005-278 — Resolution of the Mayor and Common Council of the City of San Bernardino approving Standard Form of Agreement for Subdivision Tract No. 16509-2 (Lots 32 through 59) located on the west side of Northpark Boulevard between University Parkway and the Devil Creek Flood Control Channel with Richmond American Homes of California, Inc., with time of performance specified, and authorizing release of University Park, LLC from terms of Standard Form of Agreement for Subdivision Tract No. 16509-2 (Lots 32 through 59) as approved by Resolution No. 2005-114 dated May 16, 2005. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-278 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. Authorize the Director of Development Services to execute Contract Change Order No. Three to contract with David T. Wasden, Inc. for 9`h Street Storm Drain Improvements from Waterman Avenue to East Twin Creek Channel per Plan No. 10676 and authorize the Director of Finance to amend the FY 2005/06 Budget 9 08/15/2005 Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Derry, that the Director of Finance be authorized to amend the FY 2005/2006 budget by transferring $40,000 from Account No. 248-368- 5504-7316, "SD04-08 State Street Storm Drain" to Account No. 248-368-5504- 7429, "9`h Street Storm Drain from Waterman Avenue to East Twin Creek (SD04- 12)"; and that the Director of Development Services be authorized to execute Change Order No. Three to contract with David T. Wasden, Inc. for 9' Street Storm Drain Improvements from Waterman Avenue to East Twin Creek Channel, per Plan No. 10676 for $12,806.01. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. Authorize the Director of Development Services to execute Change Order No. Two to contract with Elite Bobcat Service, Inc. for Tippecanoe Avenue Widening (Phase III) and Harriman Place (Phase III), per Plan No. 10373B Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the Director of Development Services be authorized to execute Change Order No. Two in the amount of $29,265.37 to contract with Elite Bobcat Services, Inc. for Tippecanoe Avenue Widening (Phase III) and Harriman Place (Phase III), per Plan No. 10373B. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. Authorize payment to Willdan Associates for engineering plan checking services from Fiscal Year 2004/05 Contractual Services (Account No. 001-190- 5502) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the Director of Finance be authorized to pay Willdan Associates $29,097.50 from available funds in FY 2004/05 contractual services, Account No. 001-190-5502. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2005-279 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino City Fire Department to enter into an Agreement with the Office of San Bernardino County Superintendent of Schools Regional Occupational Program to provide mentoring services from July 1, 2005 through June 30, 2010. 10 08/15/2005 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-279 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2005-280 — Resolution of the City of San Bernardino amending Resolution No. 2000-264 relating to implementing provisions of Internal Revenue Code Section 414(h)(2) and authorizing a pre-tax payroll deduction plan for service credit purchases. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-280 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2005-281 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute Amendment No. 3 to Contract 02-1166 with the County of San Bernardino to provide youth mentoring services for the period of July 1, 2005 through June 30, 2006. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-281 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2005-282 — Resolution ratifying the submittal of a grant application to administer a program continuation grant from the Corporation for National and Community Service (CNCS) in the amount of $57,658 to continue the administration and operation of the Retired and Senior Volunteer Program (RSVP) for the period October 1, 2005 through September 30, 2006. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-282 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11 08/15/2005 F 23. RES. 2005-283 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain City records of the Parks, Recreation and Community Services Department. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-283 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. RES. 2005-285 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding (MOU) for the San Bernardino Police Department to participate as a member of the California Department of Justice Bureau of Narcotic Enforcement Inland Crackdown Allied (INCA) Task Force. Council Member/Commissioner McCammack stated that the Justice Department had asked the Police Department to participate in a task force to operate within the Inland Empire region and that one officer from the Narcotics Unit would be assigned to this Inland Crackdown Allied Task Force to enhance drug enforcement efforts in the San Bernardino area. She added that the trafficking of narcotics and dangerous drugs as well as other associated illegal activity has a substantial detrimental effect on the health and general welfare of the community. Ms. McCammack stated that she believed they started this action for very important reasons, the most important reason being something that came up recently in an article in the Los Angeles Times, and it was the connection between drug trafficking and the murder rate. She stated that during the budget hearings she had asked Chief Zimmon for crime statistics for the City because she kept hearing from residents that they didn't believe crime statistics were down. Ms. McCammack indicated that in the LA Times article dated August 9, 2005, it stated that according to an FBI Uniform Crime Report for calendar year 2004, San Bernardino is listed as No. 2 in the State and No. 13 in the nation for murder. She stated that that was just further evidence of what she was trying to explain to the Mayor and Council when they were trying to garner as much support as they could get to include as many additional officers as they thought the City could afford and as many as the community absolutely needed. According to Police Administration, the information that has been given to the public is that crime is down. Ms. McCammack stated that if the City is in fact experiencing lower crime rates, she was confused as to why the FBI would report that the murder rate was out -of - control, and that the out -of -control drug trafficking issue in the City is a prime factor in the murder rate. She stated that obviously whatever is being done to curb the drug trafficking issue in this City is not working, and she felt the Police Department needed to stop painting a Pollyanna picture and recognize the seriousness of the crime in this City. Ms. McCammack stated that articles like this 12 08/15/2005 one in the LA Times are very harmful to the City's image, and if we stick our heads in the sand in denial of this problem, it will only get worse. Chief Zimmon responded by stating that he had not heard all of the comments made by Council Member/Commissioner McCammack—he came in at the end of her presentation when there was some discussion about an LA Times article that he was not familiar with. Chief Zimmon stated that his only comment was that he did not think the Police Department has ever indicated that the City does not have a crime problem. He stated that crime is not just a Police responsibility —it is the entire City's responsibility. Chief Zimmon stated that he saw a decrease in crime last year and has also seen a decrease this year. He stated that he has seen an increase in homicides in the City, but there are many factors to a homicide. Some homicides are neighbor disputes, family disputes, and baby shakings, and they have very little effect on those types of homicides. In gang or narcotic violence homicides, they put into place their tactical action plans and violence protocols and they try to do everything they can to keep them from occurring. He added that gang and narcotic homicides were down from last year. Chief Zimmon stated that he does not take crime lightly and one of the reasons they get involved in these task forces is because it brings additional resources to the City. He stated that they also have two full time FBI agents who have been assigned to the City who are helping with Federal investigations, and he has seen gang crime go way down on the west side of the City because the FBI is there. Chief Zimmon stated that he feels they have done some phenomenal things in the City and he has seen some positive results such as implementation of the beat plan to keep the same officers in the same communities. Council Member/Commissioner Estrada asked the Chief to read and respond to the article. She stated that they hired Mr. Zimmon and not some reporter from the LA Times to be the Police Chief. Council Member/Commissioner McCammack stated that she had put this information in a memo back in October 2004, but she has yet to receive a response. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-285 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino Employment and Training Agency ("SBETA") to enter into a lease with Arrowhead Professional Center, L.P., for premises located at 600 N. Arrowhead Avenue, Suite 300, San Bernardino. 13 08/15/2005 Council Member/Commissioner McCammack stated that she felt the City could have provided the space needed for SBETA for a lot less money. She stated that the backup didn't provide her with any information as to what other locations were considered or whether the City or EDA owns any buildings that could be used. City Administrator Wilson suggested continuing this item for two weeks to give them an opportunity to meet with EDA staff and explore this in more detail. Ernest Dowdy, Executive Director of SBETA, stated that they should consider the most feasible, economical deal for the community; however, he advised that they would have to move as quickly as possible in order to stay in compliance with State requirements. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McGinnis, that the matter be continued to the Council/Commission meeting of September 6, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. Authorization to proceed with the annexation of an island of unincorporated territory generally located north of Highland Avenue, east of Golden Avenue Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Development Services be authorized to initiate proceedings for the annexation of an island of unincorporated territory generally located north of Highland Avenue, east of Golden Avenue. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. RES. 2005-286 - Resolution of the Mayor and Common Council of the City of San Bernardino repealing Resolution No. 99-86 and establishing standard criteria for Towing Carriers to provide tow services for the City of San Bernardino. Senior Assistant City Attorney Milligan advised that a correction had been made in the second to the last sentence of the last paragraph on page 2 of the staff report and she read the following into the record: "The Police Ad Hoc Committee made a recommendation to grandfather the interim carriers. If this resolution is adopted, all six rotations will be held by current tow carriers, both permanent and interim." 14 08/15/2005 Michael McGovern, representing Wilson and Big Z Towing, San Bernardino, CA, stated that they looked forward to continuing to provide services to the City under the terms of the new agreement. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted, to include the grandfathering provision which would grandfather in the three permanent tow carriers currently on rotation and the three interim tow carriers currently on rotation. The motion carried and Resolution No. 2005-286 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28. Authorization for the Director of Finance to exchange FY 2004/2005 AB 2928 Funds for FY 2004/2005 Gas Tax Funds for three -pavement rehabilitation projects (Continued from August 1, 2005) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council authorize the Director of Finance to exchange $146,888 in FY 2004/2005 AB 2928 Funds for FY 2004/2005 Gas Tax Funds for three -pavement rehabilitation projects. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29. RES. 2005-287 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting the 2005/2006 through 2009/2010 Capital Improvement Program. (Continued from August 1, 2005) Senior Assistant City Attorney Calkins stated that because of potential conflicts of interest of several Council Members the procedure to be utilized to adopt the Capital Improvement Program (CIP) would occur by way of three independent motions. He stated that the first motion would be a general motion approving all Capital Improvement Projects other than those where conflicts began to arise. Mr. Calkins stated that Council Member/Commissioner Estrada would take over the duties of Mayor Pro Tern during the second motion to consider all Capital Improvement Projects except those for which Mayor Pro Tem McCammack, the Mayor, and Council Member/Commissioner McGinnis had conflicts. Lastly, Mr. Calkins stated that the third motion would consider those items that are a conflict with Council Members/Commissioners Longville and Johnson. He advised that City Attorney Penman had a conflict with Capital Improvement Project SS 06-71; therefore, the first motion would be handled by Special Counsel Sabo. 15 08/15/2005 V Council Member/Commissioner Johnson stated that he was concerned that there was no plan in place to rehabilitate the City's residential streets. City Administrator Wilson stated that the City would have to spend probably $40- $50 million, and he added that the Council made a big commitment by funding a $10 million infrastructure loan to begin to address the problem. He stated that because of limited dollars, the City was going to be hard pressed to pay as much as it could with only $3-$4 million per year. Mr. Wilson added that the City currently has a Pavement Management System in place that lays out the priorities and he felt that through their efforts and by working with the Council Members, they will do the best they can. Council Member/Commissioner Kelley stated that he supported rebuilding the streets in the inner part of the City, but he stated that staff needs to recognize and understand the need to take proactive measures to rejuvenate streets that are not quite as old so they don't end up with a City-wide problem. Council Member/Commissioner Estrada stated that unless the taxpayers of this City were willing to take some of the responsibility and put more money in the pot, the City would continue to patch its streets and do the best it can with the resources it has. Council Member/Commissioner Derry stated that he blamed Sacramento for diverting gas tax dollars away from transportation projects on both freeways and local communities to pay for other projects in Sacramento to make themselves look good. Council Member/Commissioner McCammack stated that the State infrastructure bank loan that had been mentioned was a very low interest loan the City has had to rely on in order to get projects through the system quicker, otherwise the streets would be more deteriorated than they are. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that said resolution and Exhibit A be adopted; and that the Director of Finance be authorized to amend the FY 2005/2006 budget to incorporate the completed FY 2005/2006 Capital Improvement Program (CIP) into the Final FY 2005/2006 budget as documented on the spreadsheets attached to the staff report dated July 25, 2005, from James Funk, Director of Development Services. The motion carried and Resolution No. 2005-287, including Exhibit A, was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Council Members/Commissioners McGinnis and McCammack left the Council Chambers and returned after the next vote was taken. 16 08/15/2005 Council Member/Commissioner Estrada assumed the duties of Mayor Pro Tem. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Johnson, that said resolution and Exhibit B be adopted. The motion carried and Resolution No. 2005-287, including Exhibit B, was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Members/Commissioners McGinnis, McCammack. Absent: None. Council Members/Commissioners McGinnis and McCammack returned. Council Members/Commissioners Longville and Johnson left the Council Chambers and returned after the next vote was taken. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Derry, that said resolution and Exhibit C be adopted. The motion carried and Resolution No. 2005-287, including Exhibit C, was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, McCammack. Nays: None. Abstentions: Council Members/Commissioners Longville, Johnson. Absent: None. 30. RES. 2005-288 - Resolution of the City of San Bernardino adopting the Five- year Capital Improvement Program (2005-2010) for Measure "I" local expenditures. (Continued from August 1, 2005) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-288 was adopted 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 Pro Tem/Acting Chairman McCammack; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; Senior Assistant City Attorney Milligan, Economic Development Agency Deputy Director Pacheco, Deputy City Clerk Hartzel. Absent: None. R31. Public hearing - 2005 Disposition and Development Agreement with Watson- Westridge, LLC - 143.72-acre residential development located north of Foothill Drive and east of Sterling Avenue (Continued from August 1, 2005) 17 08/15/2005 RES. 2005-290 - Resolution of the Mayor and Common Council of the City of San Bernardino approving that certain Purchase and Sale Agreement by and between the City of San Bernardino ("City") and the Redevelopment Agency of the City of San Bernardino ("Agency") relating to the sale of City property located north of Foothill Drive, east of Sterling Avenue (135.6 acres AN 0155- 361-25) in the City of San Bernardino. (R31A) RES. 2005-291 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2005 Disposition and Development Agreement ("DDA") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and Watson-Westridge, LLC ("Developer") (City and Agency property located north of Foothill Drive, east of Sterling Avenue (AP# 0155-361-25, 0155-381-11 & 45 - 143.72 acres in the City of San Bernardino) ("Property") and making certain findings thereto related to the development of the property. (R31B) RES. CDC/2005-25 - Resolution of the Community Development Commission of the City of San Bernardino approving that certain Purchase and Sale agreement by and between the City of San Bernardino ("City") and the Redevelopment Agency of the City of San Bernardino ("Agency") relating to the sale of City property located north of Foothill Drive, east of Sterling Avenue (135.6 acres: AP# 0155-361-25) in the City of San Bernardino. (R31C) RES. CDC/2005-26 - Resolution of the Community Development Commission of the City of San Bernardino approving the 2005 Disposition and Development Agreement ("DDA") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and Watson-Westridge, LLC ("Developer") and authorizing the Agency Executive Director to execute said DDA relating to the sale and development of certain City and Agency property located north of Foothill Drive, east of Sterling Avenue (AP# 0155-361-25, 0155-381-11 & 45 - 143.72 acres in the City of San Bernardino) ("Property") and making certain findings thereto related to the development of the property. (R31D) Mayor Pro Tem/Acting Chairman McCammack opened the hearing. Maggie Pacheco, Economic Development Agency Deputy Director, provided highlights of the staff report. Council Member/Commissioner McCammack inquired as to what the City paid for the land. Bernard Kersey, Water Department General Manager, stated that the property was actually an exchange of land with the U.S. Forest Service that took place in 1974 18 08/15/2005 F for a parcel called Lost Lake and a portion of property in Devil Canyon. He stated that there was no monetary value and he thought the exchange value was $17,000. Ms. Pacheco responded by stating that the Agency bought the land back in 1991/1992 for the purchase price of $330,820. Ms. McCammack asked why the appraisal was so low in terms of the price per square foot compared to other land that had been selling in the City. Ms. Pacheco stated that the property was previously appraised in 2003 for approximately $200,000 and currently it was appraised at $368,000. Mr. Kersey stated that the appraisal value on the 136 acres on the City's side, was based on comps, but there was a deduction of value because of the significant costs associated with bringing water to the property. Council Member/Commissioner Derry stated that originally 107 homes were scheduled to be on this property, but due to the extensive surveys done by the developer, it was reduced down to 77 homes because of fault lines and other issues natural for the area. No public comments were received. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed; and that said resolutions A-D, be adopted. The motion carried and Mayor and Common Council Resolution Nos. 2005-290 and 2005-291 and Community Development Commission Resolution Nos. CDC/2005-25 and CDC/2005-26 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R32. RES. CDC/2005-27 — Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director to execute Amendment No. 1 to the Theatrical Arts International Operation and Management Agreement for the California Theatre ("2005 Agreement). Senior Assistant City Attorney Milligan stated that she had a correction to page 2 of the staff report where it indicated that the City Attorney directed staff to seek competitive proposals. She stated that the City Attorney's Office does not have the authority to direct staff to seek competitive proposals and certainly did not do so in this case. Ms. Milligan stated that the City Attorney's Office did advise EDA staff that pursuant to EDA's own policies and procedures regarding purchasing, EDA must go out to bid for any purchases over $25,000. 19 08/15/2005 r Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDC/2005-27 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R33. RES. CDC/2005-28 - 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 (1) execute a Redevelopment Project Study and Redevelopment Assistance Agreement by and between the Agency and HSB I-215, L.P., SE I- 215, L.P. (collectively referred to as "Hillwood"); (2) execute Amendment No. 2 to the Terra Nova Planning and Research, Inc. Agreement, as subsequently amended; and (3) authorize the Executive Director to prepare and submit a $2,000,000 grant application to the Economic Development Administration (EDA) related to improvements to the University Parkway I-215 Freeway interchange (former Culligan site and Agency property - State College Redevelopment Project Area). Council Member/Commissioner Kelley wanted to clarify that the $2 million grant application for the improvements of University Parkway would go towards the fly- over that staff was working on. Ms. Pacheco stated that that was one of the intents; however, she heard that there was a transportation bill that contemplates a series of dollars allocated to the City to be used for this particular project. She stated that if that were to materialize, there would be no need to apply for the EDA grant. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. CDC/2005-28 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R34. Ramona Senior Complex, Inc. and Highland Lutheran Senior Housing, Inc. - 2005 HOME Grant Agreements 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 the 2005 HOME Grant Agreement by and between the Agency and Ramona Senior Complex, Inc., a non-profit corporation - 1519 West 8' Street. (R34A) 20 08/15/2005 Staff requested a two -week continuance on Item No. R34A. Council Member/Commissioner Estrada stated that she would be abstaining on Item R34A due to the appearance of a conflict. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McGinnis, that said Resolution A be continued to the Council/Commission meeting of September 6, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent: None. RES. CDC/2005-29 - 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 the 2005 HOME Grant Agreement by and between the Agency and Highland Lutheran Senior Housing, Inc., a non-profit corporation - 2355 North Osbun Road (IVDA Redevelopment Project Area). (R34B) Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution B, be adopted. Resolution No. CDC/2005-29 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 35. Public Comments Herbert E. Blair, 3049 N. "F" Street, San Bernardino, CA, requested the Council's assistance in erecting a monument in Blair Park in honor of George C. Blair who was the Mayor of the City of San Bernardino from 1951 through 1955. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the possible closure of Frank's Meats by the USDA, and asked for the Council's support. S1. RES. 2005-289 - Resolution of the Mayor and Common Council of the City of San Bernardino amending Professional Services Agreement between Richards, Watson & Gershon and the City of San Bernardino regarding representation related to cable franchise transfers to Time Warner Cable. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. 21 08/15/2005 t Resolution No. 2005-289 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 36. Adjournment At 5:52 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, September 6, 2005, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 37 No. of Hours: 4 RACHEL G. CLARK City Clerk B/ Linda Sutherland Deputy City Clerk 22 08/15/2005