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HomeMy WebLinkAbout11-21-2005 MinutesMayor Judith Valles ncil CITY OF SAN BERNARDINO couEs Esther Etrradda: 300 N. "D " Street Susan Longville San Bernardino, CA 92418 Cordon 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 NOVEMBER 21, 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/Chairman Valles at 1:35 p.m., Monday, November 21, 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, Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members/Commissioners Longville, McGinnis, Kelley. Council Member/Commissioner Kelley Arrived At 1:47 p.m., Council Member/Commissioner Kelley arrived at the Council/Commission meeting. Council Member/Commissioner McGinnis Arrived At 1:50 p.m., Council Member/Commissioner McGinnis arrived at the Council/ Commission meeting. 1. Closed Session Pursuant to Government Code Section(s): 1 11/21/2005 A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Annette Mendenhall v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 113604. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Negotiator: Linn Livingston, Human Resources Director Employee Organizations: San Bernardino City Professional Firefighters San Bernardino Police Officers Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. 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 2 11/21/2005 2. Pro Community Facilities: Delmann Heights Community Center Fifth Street Senior Center Lytle Creek Community Center Mill Community Center Nicholson Community Center Perris Hill Park Senior Park Ruben Campos Community Center Rudy Hernandez Community Center Norton/Galaxy Ballroom 2669 N. Flores Street 600 W. Fifth Street 380 S. "E" Street 503 S. "E" Street 2750 W. Second Street 780 E. 21" Street 1717 W. Fifth Street 222 N. Lugo 1494 Art Townsend Drive Negotiating Parties: Marianne Milligan, City Attorney's Office, and Lemuel P. Randolph, Director, Parks, Recreation & Community Services Department, for property owner; Gregory Humpal, Contract Analyst, San Bernardino City Unified School District 3. Property Address: APN 0261-111-21, 23, 25, 29, 30, 33, 35 and 40; 0261-121-01, 02, 03, 13 and 14; 0261-451-01 through 48; and 0261-461-01 through 66 N/S Frontage Road, 1,000± feet w/o North Little League Drive Negotiating Parties: Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment Agency, as Owner/Seller and Century Crowell Communities, LP, as Buyer Under Negotiation: Purchase price, terms, and conditions City Attorney Penman announced that the following additional items would be discussed in closed session: Stephen Peach, et al. v. City of San Bernardino, et al. — San Bernardino Superior Court Case No. SCVSS 121993. Under Agenda Item No. 1C, Initiation of Litigation: City of San Bernardino v. Lamont Ellis; and A potential gang injunction against the PPHGs (Pimps, Playboys, Hustlers and Gangsters). 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. 3 11/21/2005 Council Member/Commissioner Longville Arrived At 3:03 p.m., Council Member/Commissioner Longville arrived at the Council/ Commission meeting. Invocation/Pledge of Allegiance The invocation was given by Deacon John Barna of Our Lady of the Assumption Catholic Church, followed by the pledge of allegiance, led by Council Member/Commissioner Longville. Moment of Silence Mayor/Chairman Valles expressed condolences to the families and requested a moment of silence in memory of Mynesha Crenshaw; Melanie Miers, and Alfredo Ampoyo, who lost their lives tragically over the past week. 2. Appointments There were no commission appointments. 3. Presentations & Proclamations A proclamation designating the week of November 21-26, 2005, as National Family Week was accepted by a representative from the Family Service Agency of the City of San Bernardino. A certificate of recognition was presented to Harry and Rose Miller on the occasion of their 50' wedding anniversary. Wallace Green, Assistant to the Mayor/EEO Officer, 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 Department Joseph Beels Code Compliance Gary Silvius Finance Dennis Reichardt Fire Kenneth Joswiak Parks, Recreation & Community Services Karla Gonzalez Police William Hanley Police Richard Johnson Police Betty Menor Police Robert Woitas Police Years of Service 10 10 35 25 5 15 15 25 5 4 11/21/2005 4. Announcements Mayor/Chairman Valles indicated that she had asked Chief Zimmon to give a report on the recent gang shootings in the City outlining both the short and long term plans to increase staffing and enforcement. Council Member/Commissioner Estrada requested that a budget workshop be scheduled to discuss funding. Announcements were made by the 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 and 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. 6. Council Minutes Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the minutes of the following meeting of the Mayor and Common Council and the Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: October 17, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7. Claims & 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 November 2, 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. 5 11/21/2005 8. 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 November 17, 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. 9. Request for waiver of fees - YMCA Children's Christmas Parade - December 3, 2005 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the request for a waiver of fees in the amount of $3,857 for department personnel and equipment costs associated with the 28' Annual YMCA Children's Christmas Parade scheduled for December 3, 2005, be approved; and that $3,857 be transferred from the Civic and Promotion fund into the various City departmental accounts as listed in the staff report dated November 3, 2005, from City Administrator Fred Wilson, to recover their costs incurred in assisting with the parade. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2005-381 - 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. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-381 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. RES. 2005-382 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odlum & Haws and the City of San Bernardino to provide advice to the City's labor negotiator regarding negotiations with the San Bernardino Professional Firefighters, Local 891, and the San Bernardino Police Officers' Association. 6 11/21/2005 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-382 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. 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. City Administrator Wilson stated that the purpose for this item was to help with any appeals the City has with FEMA. He stated that the Finance Director will be presenting a final report to the Council on the status of the issues by the end of December, at which time this matter could be dropped from the agenda. 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. 13. RES. 2005-383 — Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Northpark Boulevard and Northstar Avenue area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1046; preliminarily approving the Engineer's Report and giving notice of a public meeting and public hearing. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Development Services and the City Clerk be authorized to proceed under San Bernardino Municipal Code Chapter 12.90, with the establishment of a Landscape Maintenance Assessment District in the Northpark Boulevard and Northstar Avenue area (Tract No. 16865), to be known as Assessment District No. 1046; and that said resolution be adopted. 7 11/21/2005 The motion carried and Resolution No. 2005-383 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. Authorize execution of Change Order No. Three to Contract with Guzman Construction Company - storm drain improvements in Rialto Avenue from Rancho Avenue to Pennsylvania Avenue (SD04-09) - install Palm Avenue Catch Basin - 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 Finance to amend the Fiscal Year 2005/2006 budget by transferring $134,000 from Account No. 248-368-5504-7316, "SD04-08 State Street Storm Drain," to Account No. 248-368-5504-7255, "Storm Drain in Rialto Avenue from Rancho Avenue to Pennsylvania Avenue (SD04-09)"; That the Director of Development Services be authorized to execute Change Order No. Three in the amount of $114,000 to contract with Guzman Construction Company for Storm Drain Improvements in Rialto Avenue from Rancho Avenue to Pennsylvania Avenue (SD04-09) and to install Palm Avenue Catch Basin, per Plan No. 10311; and That the Mayor and Common Council cancel the contract with Guzman Construction Company for construction of Storm Drain Improvements in Rialto Avenue from Rancho Avenue to Pennsylvania Avenue (SD04-09) per Plan No. 10311 for the reasons explained in the staff report dated November 3, 2005, from James Funk, Director of Development Services. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2005-384 - Resolution of the City of San Bernardino approving a Services Agreement for Professional Services with the Keith Companies, Inc. to provide sewer line capacity evaluations, including field flow tests and to make recommendations for upgrades and improvements of sewer lines at various locations in the City of San Bernardino, SW04-21, SW04-36, SW05-01, SW05-02, SW05-05, SW05-06 and SW05-07 (City funded projects). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-384 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8 11/21/2005 16. Authorize Change Order No. One to contract with Matich Corporation - construction of Campus Parkway (SS O4-01) - installation of a traffic signal at Kendall Drive and Campus Parkway (TC 04-07) - Plan Nos. 10952 & 10232 City Attorney Penman indicated that he would be abstaining on this matter due to the fact that Matich Corporation has made contributions to his City Attorney campaign. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Kelley had some concerns regarding traffic congestion at Kendall Drive and Palm Avenue. James Funk, Development Services Director, stated that the City Engineer is currently looking at a number of solutions such as traffic counts and signal timing. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council authorize the Director of Finance to amend the FY 2005/06 adopted budget by transferring surplus funds in the amount of $52,300 from Account No. 248-368-5504-7316, "(SD04-08) State Street Storm Drain," to Account No. 248-368-5504-7007, "Construction of Campus Parkway (SS O4-01) and installation of a traffic signal at Kendall Drive and Campus Parkway (TC 04-07)" per Plan Nos. 10952 & 10232; and That the Director of Development Services be authorized to execute Change Order No. One to contract with Matich Corporation in the amount of $82,032 for construction of Campus Parkway (SS O4-01) and installation of a traffic signal at Kendall Drive and Campus Parkway (TC 04-07) per Plan Nos. 10952 & 10232. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2005-385 - Resolution of the Mayor and Common Council of San Bernardino authorizing the execution of a contract with and issuance of a Purchase Order to Gray/I.C.E. Builders Inc. for the Center for Individual Development (CID) Natatorium roof replacement project. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-385 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9 11/21/2005 18. RES. 2005-388 - Resolution of the City of San Bernardino authorizing the purchase of 243 Hewlett-Packard (HP) desktop computers to replace existing outdated computers in various departments. Council Member/Commissioner McCammack requested that staff work with the Grants Committee to look for additional sources of monies that could be used to purchase surveillance cameras. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-388 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2005-386 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a purchase order in the amount of $38,495 to Lobby Traffic Systems for the replacement of chain link material on backstops and foul line fences located at Nunez Park and Nicholson Park. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-386 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. Set public hearing - Proposed Expenditures of Monies Allocated from the FY 2005/06 Citizen's Option for Public Safety (COPS) - December 5, 2005 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council set a public hearing for 4:00 p.m. on Monday, December 5, 2005, relative to the proposed expenditure plan for the awarded Citizen's Option for Public Safety (COPS) funding for FY 2005/06. The motion carried by the following vote: Commissioners Estrada, Longville, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Council Members/ Derry, Kelley, Johnson, 10 11/21/2005 21. RES. 2005-387 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Third Amendment to the Memorandum of Understanding (MOU) with the County of San Bernardino Probation Department to administer the grant funded juvenile accountability program known as Intervention and Management of Probationer Accountability and Compliance of Terms (IMPACT). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-387 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. Item Deleted. 23. Public hearing - resolutions authorizing execution of agreements - sale of City property located between "D" Street and Stoddard Avenue, north of 29* Street and south of State Route 210 RES. 2005-389 - Resolution of the City of San Bernardino directing and authorizing the execution of a Sales and Purchase Agreement and the execution of a Quitclaim Deed for the sale of City property generally located east of Stoddard Avenue, north of 29' Street and south of State Route 210 in the City of San Bernardino to Eddie Powell and Gwendolyn Powell. RES. 2005-390 - Resolution of the City of San Bernardino directing and authorizing the execution . of a Sales and Purchase Agreement and the execution of a Quitclaim Deed for the sale of City property generally located west of "D" Street, north of 29`h Street and south of State Route 210 in the City of San Bernardino to John P. Sanders. Mayor/Chairman Valles opened the hearing. Council Member/Commissioner McCammack stated that this action was due to a street vacation of an area similar to an alleyway that was the source of crime and illegal activities, and she felt this was an excellent way to try to reduce some of that. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the hearing be closed; and that said resolutions A&B, be adopted. 11 11/21/2005 The motion carried and Resolution Nos. 2005-389 and 2005-390 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. Public hearing — resolution ordering work — Irvington Avenue and Chestnut Avenue Area Landscape Maintenance Assessment District — Tract No. 16443 RES. 2005-391 — Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the area of Irvington Avenue and Chestnut Avenue, approving the final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1039, ordering the work, coninming the 2006-2007 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. City Clerk Clark noted that 117 people voted in favor of the assessment, 1 person voted against the assessment, and that the ballots are on file in the City Clerk's Office. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McGinnis, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2005-391 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. Public meeting — formation of a landscape maintenance assessment district in the Palm Avenue and Irvington Avenue area (AD 1043, Zone 1 and Zone 2, Tract Nos. 15940 and 16457) Mayor/Chairman Valles opened the public meeting. No public comments were received. 12 11/21/2005 Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the public meeting relative to the formation of the Palm Avenue and Irvington Avenue Area Landscape Maintenance Assessment District No. 1043, Zone 1 and Zone 2, be closed; and protests and ballots, if any, be carried over to the public hearing on December 5, 2005, at 4:00 p.m. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. Approve Request for Continuance - Final map for Tentative Tract No. 14112 located northeasterly of the intersection of Foothill Drive and Sterling Avenue (Continued from May 16, 2005) Council Member/Commissioner Derry indicated that the developer is making significant progress on this development and hopes to start grading by May 2006. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council approve the request for continuance of the Final Map for Tentative Tract No. 14112 for an additional six months. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. Workshop to discuss development impact fees - 5:00 p.m. in the MIC Room, 6' Floor City Hall Scott Thorpe of Revenue & Cost Specialists, LLC, stated that he had been asked to update the City's Development Impact Fees (DIFs). He provided an overview of the data contained in the backup and answered questions posed by the Council. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to a workshop on December 5, 2005, at 12 p.m. in the MIC Room. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13 11/21/2005 28. Discussion concerning unreinforced masonry (URM) buildings Council Member/Commissioner McCammack indicated that she had to abstain on this matter because she owns an unreinforced masonry building. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Estrada indicated that she would also be abstaining because she works for an agency that owns an unreinforced masonry building. She left the council chambers and returned after the vote was taken. Joe Lease, Building Official, provided a brief overview of the issues and talked about the requirements of the Unreinforced Masonry Building Law (SB 547), past actions taken by the City to address this issue, a recent survey to determine the City's population of URM buildings, a law that went into effect this year that adds to the requirements (AB 2533), options for improving the City's mitigation program, and the status of unreinforced masonry buildings in California. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council refer this matter to the Legislative Review Committee for further consideration. The motion carried by the following vote: Ayes: Council Members/ Commissioners Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Members/Commissioners Estrada, McCammack. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Note: At 5:02 p.m., Mayor/Chairman Valles left the Council/Commission meeting, at which time Council Member/Commissioner McGinnis assumed the duties of Mayor Pro Tem. Staff Present Mayor Pro Tem/Acting Chairman McGinnis; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Economic Development Agency Interim Executive Director Pacheco. Absent: Mayor/Chairman Valles. R29. Public hearing - 2005 49* Street Single Family Residential Disposition and Development Agreement - TELACU Development, LLC - 406 Street Redevelopment Project Area (Continued from November 7, 2005) 14 11/21/2005 RES. 2005-392 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2005 49' Street Single Family Residential Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and TELACU Development, LLC ("Developer") (TELACU 49'e Street New Homes Project - 40`" Street Redevelopment Project Area). RES. CDC/200541 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director to execute the 2005 491h Street Single Family Residential Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and TELACU Development, LLC ("Developer") (TELACU 49' Street New Homes Project - 40' Street Redevelopment Project Area). Mayor Pro Tem/Acting Chairman McGinnis opened the hearing. Maggie Pacheco, Economic Development Agency Interim Executive Director, presented highlights of the staff report. She advised that a correction had to be made at the bottom of the first page of the staff report, in the last sentence, changing the maximum amount of down payment assistance from forty percent (40%) to twenty percent (20%). No public comments were received Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that the hearing be closed; and that said resolutions A&B, be adopted. The motion carried and Mayor and Common Council Resolution No. 2005-392 and Community Development Commission Resolution No. CDC/2005-41 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R30. Public hearing - Request to provide a HOME Grant to Mary's Mercy Center for Veronica's Home Transitional Housing Project (Continued from October 17, 2005) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim 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 Mary's Mercy Center, Inc., a non-profit public benefit corporation - 641 Roberds Avenue (IVDA Redevelopment Project Area). 15 11/21/2005 Note: No backup materials were distributed. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of December 5, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R31. Implementation of a Homebuyer Assistance Program - California State University San Bernardino Council Member/Commissioner Longville indicated that she would have to excuse herself because she had not yet received a response from the Fair Political Practices Commission (FPPC) as to whether she had a conflict of interest. She left the Council Chambers and returned after the vote was taken. Maggie Pacheco, Economic Development Agency Interim Executive Director, stated that staff had been asked to look at a program that could be developed for entry level professors to help with the purchase of a home. She stated that the program entails a 20 percent down payment assistance up to a maximum of $70,000, accruing at a 3 percent interest rate. Ms. Pacheco noted that the program has many similarities to the City-wide program as far as the affordability requirement and income restrictions. However, in an effort to create an incentive for the professors to come here, there is a 10 percent per year forgiveness factor of the loan, and under the current City-wide program, the loan is forgiven after ten years. Ms. Pacheco stated that she felt the program would be good for the City and would help the University have a tool available that would enhance their recruitment efforts. She noted that the University would be assisting the entry level professors with buy -down on their mortgages, and that they would look to other endowment funds to augment their resources to help with down payment assistance. Council Member/Commissioner Kelley stated that although he would like these university professors to live here, he did not believe the City should subsidize someone who works for Cal State University and makes anywhere from $53,000 to $82,500 per year. He stated that he felt the funds would be better spent helping seniors through the TELACU project. Council Member/Commissioner Derry stated that he agreed with many of the issues that had been raised by Mr. Kelley, and added that the City of San Bernardino has some of the most affordable housing in the Inland Empire. Mr. 16 11/21/2005 Derry asked if the professors would be able to keep the $35,000 in equity if they were to voluntarily leave. Ms. Pacheco stated that if a professor were to leave because the University did not retain him, that professor would not be penalized, which was the principal concern about having a forgiveness factor. Council Member/Commissioner Derry added that under the existing program, the City is only charging a maximum of 3 percent interest on the penalty of the $70,000, which is well below the market rate, so they are already getting a discount even if they do have to pay a penalty. Mr. Derry stated that he was also concerned that the City was not trying to offer this program to businesses moving into the community to try to attract their employees to live here. Mayor/Chairman Valles stated that this program is not unlike others that have been offered to police officers so that police departments can recruit police officers and they can live and work in their community. She stated that the same program has been offered to teachers not only in this community, but throughout this country in order for them to be able to recruit qualified teachers. She stated that she understood there has been a real recruitment challenge for professors to come teach at the University because of the housing prices given the salaries of beginning faculty members. Council Member/Commissioner Johnson asked how much low -mod funds are set aside annually. Ms. Pacheco stated that the Agency generates in excess of $5 million per year under the low -mod fund and currently not all of that is pledged. She stated that in the past they had been allocating between $500,000 to $1 million in down payment assistance, but as the housing prices continue to escalate, they have not been expending those resources. Ms. Pacheco stated that even on their City-wide program, they have not gotten a lot of participation, and a lot of that has to do with housing prices. Council Member/Commissioner McCammack asked if the City was using low -mod funds for the redevelopment of the downtown area. Ms. Pacheco answered in the affirmative. Ms. McCammack asked if that expenditure was somewhere in the vicinity of $23 million. Ms. Pacheco stated that depending on the plan the Council approves, the Agency will be proposing a plan of action that discusses the development scenario and the fiscal impact, and one of the avenues they have discussed in the past is how to fund the acquisition, and the relocation and demolition cost of that project. She stated 17 11/21/2005 that she has suggested that they use low -mod funds to float a bond issue, and that is something that will be brought before the Council in the near future. Council Member/Commissioner Estrada asked how they could attract people with greater incomes to the City. Council Member/Commissioner Kelley stated that there is nothing preventing these professors from being recruited to our City and going down and applying for this program just like anybody else. He stated that this is not fair to those who work hard, but are not getting the same incentive to come to our City to buy one of those new homes in the Verdemont Heights area. Council Member/Commissioner Estrada asked if low -mod monies are available to people throughout the City. Ms. Pacheco stated that any professors applying for this program must meet their income requirements under State law and that is applicable to the City-wide program as well. Council Member/Commissioner Derry asked why there would be a special program in the first place. Ms. Pacheco stated that the idea was to have an opportunity to promote the program for purposes of recruitment to say that this is a program in concert between the City and the University, and in order to be eligible for this particular program you do have to be a member of the Cal State University. She stated that the City-wide program does not require you to work within the City limits. Mayor/Chairman Valles stated that she understood the City-wide program was for individuals making $35,000 or less. Ms. Pacheco stated that the income limits are outlined in the staff report and the maximum annual income is also applicable to the City-wide program. She stated that the programs are essentially the same with the exception of the forgiveness factor. Ms. Pacheco stated that the City-wide program is a maximum of 20 percent of the purchase price, and this program is capped at $70,000. She stated that the difference is that the University is providing some incentives for their faculty members to be able to access lower interest rates. Ms. Pacheco stated that currently the City has no other program where an employer participates and offers these types of incentives. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the Community Development Commission approve the implementation of a Homebuyer Assistance Program for California State University San Bernardino. 18 11/21/2005 The motion failed by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Johnson. Nays: Council Members/Commissioners Derry, Kelley, McCammack. Absent: Council Member/Commissioner Longville. R32. RES., CDC/200540 - Resolution of the Community Development Commission of the City of San Bernardino ("Commission") approving and authorizing the Commission Chairperson to execute the Rehabilitation, Maintenance and Operation Agreement by and between the County of San Bernardino ("County"), Assistance League of San Bernardino ("League") and the Redevelopment Agency of the City of San Bernardino ("Agency") for the rehabilitation of the League's headquarters at 580 West 6' Street (Central City North Redevelopment Project Area). Council Member/Commissioner McCammack indicated that she would be abstaining from this matter as she is a member of the Assistance League. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDC/2005-40 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. 33. Public hearing - Development Code Amendment No. 05-03 to allow Planned Residential Development (PRD) in all multi -family land use districts; Tentative Tract Map No. 17372 to create a one -lot condominium subdivision; and Development Permit III No. 05-09 to construct 162 detached single-family condominium units on 20.46 acres located on the north side of 6'b Street, '/a mile east of Sterling Avenue in the RMH, Residential Medium High, land use district An Ordinance of the City of San Bernardino amending Chapter 19.04 (Residential Districts), Section 19.04.030 (2) (N) of the San Bernardino Municipal Code (Development Code) related to planned residential development/small lot subdivisions requirements. FIRST READING Mayor Pro Tem/Acting Chairman McGinnis opened the hearing. James Funk, Development Services Director, provided an overview of the project. Gilberto Martinez, 25890 Union Street, San Bernardino, CA, stated that he did not fully understand what was going on. 19 11/21/2005 Mayor Pro Tem/Acting Chairman McGinnis asked Mr. Martinez if he owned his own home. Mr. Martinez answered in the affirmative. Mr. McGinnis stated that the developer was not going to touch anyone's home. No additional public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the hearing be closed; that said ordinance be laid over for final adoption; and that the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Plan be adopted (Attachments F & G); and that Tentative Tract Map No. 17372 and Development Permit . III No. 05-09 be approved based upon the Findings of Fact contained in the Planning Commission staff report, subject to the Conditions of Approval and Standard Requirements (Exhibit 2). The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, � Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 34. Public Comments Deanna Adams, 1156 N. "F" Street, San Bernardino, CA, urged the citizens of San Bernardino to go out and vote if they are concerned about their City. Karen Henthorn, 1156 N. "F" Street, San Bernardino, CA, stated that the Mayor had stated that her residence was a group home at the last JPA meeting, but it is not a group home. She stated that she felt the Mayor lacks compassion for the people and is glad her term is almost up. Rev. Betty Long, 1541 N. "G" Street, San Bernardino, CA, voiced her concerns about the condition of the streets and sidewalks in the First and Second Wards. Tom Kanavos, resident of the City of San Bernardino, read a public service announcement on behalf of Narcotics Anonymous regarding their Annual Thanksgiving Potluck on November 24, 2005, from 1-5 p.m., at the Vista Recovery Center. Herbert E. Blair, 3049 N. "F" Street, San Bernardino, CA, stated that he would like to get God back into San Bernardino. 20 11/21/2005 Tibort Farkis, resident of the City of San Bernardino, asked if the City needed a sponsor to buy more police cars and officers, and asked how much money was needed. Dr. Karnig, President of California State University San Bernardino, CA, stated that he was disappointed that the Council did not approve the proposed Homebuyer Assistance Program and that he was not asked to address their questions and/or concerns prior to making their decision. James Penman, 221 E. Marshall Blvd., San Bernardino, CA, wished everyone a happy Thanksgiving and asked everyone to remember the pilgrims, who dared to come to this country, and the Native Americans, who met and saved them, and started America on its way. 35. Adjournment At 6:26 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, December 5, 2005, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 35 No. of Hours: 5 RACHEL G. CLARK City Clerk By Linda Sutherland Deputy City Clerk 21 11/21/2005