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HomeMy WebLinkAbout11-07-2005 MinutesMayor Judith Valles Council Members: CITY OF SAN BERNARDINO Esther Estrada 300 N. "D "Street Susan Longville Gordon McGinnis San Bernardino, CA 92418 Neil Derry Website: www.sbcity.org Chas Kelley Rikke Van Johnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 7, 2005 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority of the City of San Bernardino was called to order by Mayor/Chairman Valles at 1:34 p.m., Monday, November 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, Longville, Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members/Commissioners McGinnis, Kelley. Council Member/Commissioner Kelley Arrived At 1:43 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. Closed Session Pursuant to Government Code Section(s): 11 /07/2005 A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): James Keith Graham v. City of San Bernardino, et al. - United States District Court Case No. CV 05-05534 PA (Ex); Sequenta Lawrence as Personal Representative of the Estate of William Lawrence, Deceased, et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 04 00336 FM (SGLx); Larry J. Hyder, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 122930. 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 2 11 /07/2005 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. Property: Community Facilities: Delmann Heights Community Center 2669 N. Flores Street Fifth Street Senior Center 600 W. Fifth Street Lytle Creek Community Center 380 S. "E" Street Mill Community Center 503 S. "E" Street Nicholson Community Center 2750 W. Second Street Perris Hill Park Senior Park 780 E. 21" Street Ruben Campos Community Center 1717 W. Fifth Street Rudy Hernandez Community Center 222 N. Lugo Norton/Galaxy Ballroom 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 IVDA Project Area - Proposed Housing Project 4. Property: 1530 Walnut Street APN 0274-023-01 Negotiating Parties: Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority, and Lupe Ensign, property owner(s) 3 11 /07/2005 5 11 Under Negotiation: Purchase price, terms and conditions Property: 1550 Walnut Street APN 0274-023-02 Negotiating Parties: Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority, and Jesse Trevino and Albert Trevino, property owner(s) Under Negotiation: Purchase price, terms and conditions Proper Vacant Land APN 0274-023-03 Negotiating Parties: Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority, and Jesse Trevino and Albert Trevino, property owner(s) Under Negotiation: Purchase price, terms and conditions IVDA Redevelopment Project Area (Meadowbrook Housing Project) 7. Property: 151 East 2"d Street APN 0135-291-09 1.1 0 Negotiating Parties: Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority, and Maurice and Heather Durham, property owners Under Negotiation: Purchase price, terms and conditions Property: 161 East 2nd Street APN 0135-291-11 Negotiating Parties: Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority, and Alberto Falcon and Maria Garcia, property owners Under Negotiation: Purchase price, terms and conditions Property: 167 East 2"d Street APN 0135-291-12 4 11 /07/2005 Negotiating Parties: Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority, and Stephen Adebowale, property owner Under Negotiation: Purchase price, terms and conditions 10. Proper 156 East King Street APN 0135-291-27 Negotiating Parties: Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority, and Miguel Ramirez, property owner Under Negotiation: Purchase price, terms and conditions City Attorney Penman announced that the following additional cases would be discussed in closed session: Benjamin Brown v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 107399; City of San Bernardino v. Department of the Army - United States District Court, Central District, Case No. CV 96-8867. 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, Community Development Commission, and San Bernardino City Housing Authority. Invocation/Pledge of Allegiance The invocation was given by Reverend Bronica Martindale of New Hope Missionary Baptist Church, followed by the pledge of allegiance, led by April Bennett of Bradley Elementary School. Moment of Silence Mayor/Chairman Valles requested a moment of silence in memory of the following individuals who recently passed away: Rosa Parks, known as a civil rights pioneer who nearly fifty years ago refused to give up her bus seat to a white passenger, sparking a movement that ended legal segregation in the United States; former Congressman Edward R. Roybal, who represented California's 25' District for more than three decades and was among the founders of the Congressional Hispanic Caucus; and native son and Korean War Congressional Medal of Honor recipient Joseph C. Rodriguez. 5 11/07/2005 2. Appointment - Alexandra Robledo - Mobile Home Board - Mayor Valles Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that the appointment of Alexandra Robledo to the Mobile Home Board, as requested by Mayor Valles, be approved. 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 Danny Flores, founder of Salute to the Route, advised that November 11 would mark the 5151 Anniversary of Veterans Day and 79' Anniversary of Historic Route 66, and that Salute to the Route would be hosting its 6' annual ceremony marking these two events at 1 p.m. at Plaza Park. Retired Sergeant Major Guenther Griebau stated that this year marked the 230' birthday of the United States Marine Corps and announced that there would be services on Veterans Day, November 11, at 11 a.m. at the Riverside National Cemetery. Greg Stockdale, President of I1 Valley Credit Union, presented the credit union's Community Minded Service Award to Nancy Clatfelter, Manager of the City's Retired Senior Volunteer Program. Council Member Kelley presented the Fifth Ward Citizen of the Month award to Mary Solis, President of the Verdemont Neighborhood Association, in recognition of her many community contributions. Council Member Derry presented a resolution of recognition to Linden Malki and Associate Pastor Jim Willard of the Calvary Baptist Church on the occasion of the church's 80' anniversary. Bob Page, representing the office of County Supervisor Josie Gonzales, advised that the County would be providing $950,000 for capital improvement projects within the City of San Bernardino. He stated that $550,000 would be used to expand the Perris Hill Senior Center and $400,000 would be used for water play equipment at Wildwood, Perris Hill, and Lytle Creek parks. Mayor Valles presented a resolution of recognition and 100 roses to Dorothy Ingrahm on the occasion of her 100' birthday. A short reception followed in the City Hall lobby. 6 11 /07/2005 4. Announcements by Mayor and Common Council The following comments were made by Mayor Valles regarding the San Bernardino Symphony Orchestra Economic Impact and Media Exposure: "I want to congratulate the San Bernardino Symphony, and particularly Maestro Carlo Ponti, on another outstanding season premiere concert on October 22. At our last Council meeting we approved funding for the San Bernardino Symphony Orchestra and Sinfonia. However, what is important to know is the economic impact of the San Bernardino Symphony on the community. I asked for that information and was astonished to see our actual return on our cultural investment. For instance, just for the two seasons of 2003-2004 and 2004-2005, the economic impact to the City and region was over $3.3 million dollars! For every dollar the City spent, $23.83 was returned to the community in goods and services purchased. That's a 238 % return on our investment! In addition, the media promotional support —local, national and international coverage —provided over $695,000 in positive impressions and stories for our City image. Not included in these statistics, but also important to note, are the Symphony's local fundraising events (New Year's Eve Gala, Valentine Brunch) held in the City of San Bernardino, conservatively resulting in over $50,000 of expense revenues returned to City merchants. I am passing out a copy of these statistics to the members of the City Council so that they will have firsthand information on the tremendous economic impact the Symphony creates for our city." Additional announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from 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 McGinnis, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council/ Community Development Commission/San Bernardino City Housing Authority, be waived. 7 11 /07/2005 T 7 H. 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 Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission/San Bernardino City Housing Authority of the City of San Bernardino be approved as submitted in typewritten form: September 19, 2005; October 3, 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 Johnson 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 October 4, 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 McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the personnel actions, as submitted by the Chief Examiner, dated November 2, 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 t Commissioners Estrada, McCammack. Nays: None he following vote: Longville, McGinnis, . Absent: None. Ayes: Council Members/ Derry, Kelley, Johnson, 9. RES. 2005-365 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between William Holt and the City of San Bernardino for hearing officer and/or administrative law officer services. 8 11 /07/2005 City Attorney Penman advised that this was a contract for an administrative law officer, and his office is required to abstain; therefore, Special Counsel Sabo had reviewed and signed off the contract. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council appoint William Holt as an administrative law officer until November 30, 2007 pursuant to Chapter 9.92 of the Municipal Code; and that said resolution be adopted. The motion carried and Resolution No. 2005-365 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2005-380 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of Supplemental Settlement Agreement between the City of San Bernardino and the County of San Bernardino relating to Criminal Justice Administrative Fees. Council Member/Commissioner McCammack asked how staff had arrived at the figure of $340,000. She stated that she understood that it was based on a cost of $79.85 per estimated number of qualified bookings, but questioned how staff determined how many people they thought were going to be arrested or booked into the jail to pay that amount of booking fees. She stated that her concern was whether the approximately 1,000 arrests left from the year prior had been taken into consideration. City Administrator Wilson stated that he had spoken with Barbara Pachon, Director of Finance, and he thought it was basically determined by averaging out the amount of arrests over the previous three years and "backing into the number. " Ms. McCammack reiterated her concerns that staff is budgeting properly and taking the right steps to ensure that if we are arresting a thousand less people on the street, then we are paying a thousand less booking fees, and we need to budget accordingly. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-380 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9 11 /07/2005 11. Set workshop of the Mayor and Common Council - Monday, November 21, 2005, at 5 p.m. in the MIC Room, 6" Floor City Hall - discuss development impact fees Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council set a workshop for Monday, November 21, 2005, at 5 p.m. in the MIC Room, 6' Floor City Hall, to discuss development impact fees. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. RES. 2005-366 - 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 McGinnis, that said resolution be adopted. Resolution No. 2005-366 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. 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 Johnson 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. 14. Approve Mayor and Common Council and Community Development Commission Regular Meeting dates for 2006 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council and the Community Development Commission approve the following dates for 10 11/07/2005 regular meetings of the Mayor and Common Council/Community Development Commission for the year 2006: January 9 (second Monday); January 23 (fourth Monday); February 6 and 21; March 6 and 20; April 3 and 17; May 1 and 15; June 5 and 19; July 3 and 17; August 7 and 21; September 5 and 18; October 2 and 16; November 6 and 20; December 4 and 18. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2005-367 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to DBX, Inc. for southwest and southeast corner improvement and traffic signal modifications at Base Line Street and Mt. Vernon Avenue; traffic signal improvement at Valencia Avenue at 30' Street and Mountain Avenue at Northpark Boulevard; and traffic signal modifications at University Parkway at the I-215 ramps (TC05-06, TC04-39, SS05-09, TC05-04, TC04-34) per Plan Nos. 11328B, 11436 and 11561. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council authorize the Director of Finance to amend the FY 05/06 Budget by transferring $27,500 from Account No. 250-370-5504-7490 "Southwest and Southeast Corner Improvement and Traffic Signal Modifications at Base Line Street and Mt. Vernon Avenue (TC05-04)" to Account No. 250-370-5504-7493 "Traffic Signal Improvement at Valencia Avenue at 30' Street (TC04-34)"; and That the Mayor and Common Council authorize the Director of Finance to amend the FY 05/06 Budget by transferring $91,200 from Account No. 250- 370-5504-7483 "Highland Avenue and Central Avenue Traffic Signal (TC04- 27)" to Account No. 250-370-5504-7493 "Traffic Signal Improvement at Valencia Avenue at 30' Street (TC04-34)"; and $85,000 from Account No. 250-370-5504-7483 "Highland Avenue and Central Avenue Traffic Signal (TC04-27)" to Account No. 250-370-5504-7491 "Mountain Avenue and Northpark Boulevard Traffic Signal", and $5,300 from Account No. 250-370- 5504-7483 "Highland Avenue and Central Avenue Traffic Signal (TC04-27)" to Account No. 250-370-5504-7555 "University Parkway and I-215 Ramps Striping and Signal Modifications (TC04-39)"; and that said resolution be adopted. The motion carried and Resolution No. 2005-367 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11 11/07/2005 16. RES. 2005-368 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Kalban, Inc. for construction of ADA access ramps and sidewalk at various locations, Phase VII, 2005/06, (SS-B), per Plan No. 11056. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-368 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2005-369 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Olivas Valdez, Inc., for street widening improvements on Palm Avenue at BNSF Railroad grade crossing north of Cajon Boulevard (SSO4-04), per Plan No. 11354. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council authorize the Director of Finance to amend the FY 05/06 Budget by transferring $157,100 from Account No. 129-367-5504-7245 [State Street Construction - Phase 113 & 3 (SSO4-09)] to Account No. 129-367-5504-7231, for Street Widening Improvements on Palm Avenue at BNSF Railroad Grade Crossing north of Cajon Boulevard (SSO4-04); per Plan No. 11354; and that said resolution be adopted. The motion carried and Resolution No. 2005-369 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2005-370 - Resolution of the City of San Bernardino approving an Agreement for Professional Services with Transtech Engineers, Inc. to provide program management services for the Santa Fe Depot Parking Structure Project (GB04-19). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council authorize the Director of Finance to amend the FY 05/06 Budget to reflect increased revenues and expenditures from SANBAG in the amount of $369,000 for a total funding amount in Account No. 242-362-5504-7576 of $900,000 ($796,770 in federal reimbursement and $103,230 in SANBAG funding); and that said resolution be adopted. 12 11 /07/2005 The motion carried and Resolution No. 2005-370 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2005-371 - Resolution of the City of San Bernardino approving an Agreement for Services with LSA Associates, Inc. for the provision of Professional Environmental Consulting Services. (Northpointe Project) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-371 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2005-372 - 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 Acacia Avenue and Hill Drive 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. 1040; preliminarily approving the Engineer's Report and giving notice of a public meeting and public hearing. Council Member/Commissioner Derry advised that he would abstain on this item because it involves a project where he will be purchasing a home. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment District in the Acacia Avenue and Hill Drive area (Tract No. 10260), to be known as Assessment District No. 1040; and that said resolution be adopted. The motion carried and Resolution No. 2005-372 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/ Commissioner Derry. Absent: None. 21. RES. 2005-373 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution ... designating certain streets, or portions thereof as through highways..." and establishing a four- way stop at the intersection of Belmont Avenue and Magnolia Avenue. 13 11 /07/2005 22 23 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-373 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Establish salaries - Fire Department Ranges P-5, P-6 and P-7 - effective August 1, 2005 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council establish the salaries for Fire Department Ranges P-5, Battalion Chief ($9,979/mo.), Training Officer & Fire Marshal ($10,998/mo); P-6, Deputy Fire Chief ($12,087/mo.); and P-7, Fire Chief ($13,420/mo.) effective August 1, 2005; that the Human Resources Department be directed to amend Resolution No. 6429 to reflect the above action; and that the Mayor and Common Council authorize the Finance Director to amend the FY 2005-06 Budget to transfer $69,300 from the General Government Budget (001-092-5011) to the Fire Department budget. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Establish salaries - Fire Department Ranges P-1, P-2, P-3, and P-4 - effective August 1, 2005 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council establish the salaries for the Fire Department Ranges P-1, Firefighter (Range $4,824-$6,102/mo.); P-2, Firefighter/Paramedic (Range $5,572-$6,973/mo.); P-3, Fire Engineer (Range $5,646-$6,797/mo.); and P-4, Fire Investigator/ Captain ($7,844/mo.) effective August 1, 2005; that the Human Resources Department be directed to amend Resolution No. 6429 to reflect the above action; and that the Mayor and Common Council authorize the Finance Director to amend the FY 2005-06 Budget to transfer $588,300 from the General Government Budget (001-092-5011) to the Fire Department budget. The motion carried by the following vote: Commissioners Estrada, Longville, McGinnis, McCammack. Nays: None. Absent: None. 14 Ayes: Council Members/ Derry, Kelley, Johnson, 11/07/2005 24. RES. 2005-374 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a purchase order in the amount of $54,792, with a contingency amount of $10,000, for a total of $64,792 to Quality Construction Management for the purchase and installation of three metal roofs: two (2) metal roofs on restrooms located at Hudson Park and Colony Park and one (1) metal roof on a picnic shelter located at Harrison Canyon Park. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-374 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. RES. 2005-375 - Resolution of the Mayor and Common Council of the City of San Bernardino canceling that agreement approved March 18, 1996 between the City of San Bernardino and the Blast Soccer Club for use of soccer fields at Al Guhin Park and authorizing the Mayor or her designee to execute a new agreement between the City of San Bernardino and the Blast Soccer Club for a ten year term. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-375 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. RES. 2005-378 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Hillcrest Contracting for repair of the street and open channel on Highland Avenue approximately 200 feet west of Palm Avenue in the City of San Bernardino. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2005-378 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. RES. 2005-376 - Resolution of the Mayor and Common Council of the City of San Bernardino increasing purchase orders for Pavement Recycling Systems Inc. and Precision Cold Planing. 15 11 /07/2005 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-376 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28. RES. 2005-377 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Ranch Rock Products for removal of debris from the Chestnut Basin located in the Verdemont area north of Palm Avenue in the City of San Bernardino. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-377 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29. RES. 2005-379 - Resolution of the Mayor and Common Council of the City of San Bernardino urging the San Bernardino Valley Municipal Water District to repeal the recent tax increase and to redesign the debt payment through a means that is fair to all customers. Council Member/Commissioner Derry advised that the San Bernardino Valley Municipal Water District implemented a new tax of approximately $60 for every $100,000 in assessed valuation for each home. He stated that while it is necessary to raise the funds to provide the service, his concern is that the actual amount people are paying has absolutely nothing to do with water service or their actual water usage —it is just a flat tax. He added that not only is the tax excessive, treating individuals differently based on when they purchased their homes —it provides no efforts and no implementation for conservation. Council Member/Commissioner Longville stated that she thought it was very important to look at a taxing policy that is going to have an effect upon people's behavior —a policy that will not only extend sustainable water resources, but will also protect the water quality. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2005-379 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16 11/07/2005 30. Public hearing - Resolution establishing the application process, review procedures, and required contract provisions for the implementation of a Mills Act Program in the City of San Bernardino pursuant to Government Code Section 50280, et seq., and setting an application fee and an annual administrative fee RES. 2005-363 - Resolution of the Mayor and Common Council of the City of San Bernardino establishing the application process, review procedures, and required contract provisions for the implementation of a Mills Act Program in the City of San Bernardino pursuant to Government Code Section 50280, et seq., and setting an application fee. Mayor/Chairman Valles opened the hearing. City Administrator Wilson explained that the Mills Act is a state law which is designed to provide financial assistance for property owners that restore and maintain historic properties. He stated that the savings to the property owner is in the form of a property tax reduction that is calculated by the County Assessor based on a formula that exists in state law. The Act requires that the property owners enter into a 10-year rolling preservation agreement through which they are required to reinvest the property tax savings back into the property for maintenance and preservation. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2005-363 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 31. Public meeting - formation of a Landscape Maintenance Assessment District - Irvington Avenue & Chestnut Avenue area - Tract No. 16443 Mayor/Chairman Valles opened the meeting. James Funk, Director of Development Services, advised that this is a development by GFR Enterprises, who is proposing to form a landscape maintenance district which also includes the monument signs, lighting and hardscape along the trail system at the east side of the development. No public comments were received. 17 11 /07/2005 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that the public meeting relative to the formation of Irvington Avenue and Chestnut Avenue Area Landscape Maintenance Assessment District No. 1039 be closed; and protests and ballots, if any, be carried over to the public hearing on November 21, 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. 32. Public hearing - create Underground Utility District No. 32 - located along portions of Victoria Avenue, north of Highland Avenue RES. 2005-364 - Resolution of the City of San Bernardino creating Underground Utility District No. 32, located along portions of Victoria Avenue, north of Highland Avenue, in the City of San Bernardino. Council Member/Commissioner Derry stated that he would be abstaining because he is employed by Southern California Edison. He left the Council Chambers and returned after the vote was taken. Mayor/Chairman Valles opened the hearing. 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 resolution be adopted. The motion carried and Resolution No. 2005-364 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/ Commissioner Derry. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Economic Development Agency Interim Executive Director Pacheco. Absent: None. 18 11 /07/2005 R33. Public hearing - 2005 49" Street Single Family Residential Disposition and Development Agreement - TELACU Development, LLC - 40" Street Redevelopment Project Area (Continued from October 17, 2005) Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2005 491` 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`h Street New Homes Project - 40`h Street Redevelopment Project Area). (R33A) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director to execute the 2005 49`h 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). (R33B) Note: No backup materials were distributed. Mayor/Chairman Valles advised that staff had requested that this item be continued to the next meeting. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of November 21, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R34. RES. CDC/2005-38 - Resolution of the Community Development Commission of the City of San Bernardino accepting the Inland Valley Development Agency (IVDA) Inclusionary Housing Policy entitling the Redevelopment Agency to receive one hundred percent (100%) of the inclusionary housing credits for developed or newly rehabilitated housing units within the IVDA Project Area. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 19 11 /07/2005 Resolution No. CDC/2005-38 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R35. RES. CDC/2005-39 - Resolution of the Community Development Commission of the City of San Bernardino (1) approving the Downtown Mixed Use Project Concept Plan and adoption of a Negative Declaration in accordance with the California Environmental Quality Act ("CEQA") and (2) approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Redevelopment Project Study and Exclusive Right to Negotiate Agreement ("Agreement") by and between the Agency and Watson and Associates Development Company, Inc. ("Watson") (Central City North Redevelopment Project Area - Downtown Mixed Use Concept Plan) Maggie Pacheco, Interim Executive Director, Economic Development Agency, provided an overview of the information contained in the staff report. Council Member/Commissioner McCammack stated that she was very excited and gratified that one of the City's most cooperative and generous developers was offering to give downtown the shot in the arm that it needs. However, she needed to let the viewing audience and the developer understand that since she began serving as a Council member she has always tried to make sure that the taxpayers' investment is wisely invested and that it pencils out over a reasonable amount of years —that the payback to the taxpayer for helping a developer move a project forward is reasonable and within reach. She stated that her concern, in this particular case, was based on some real rough numbers because the backup didn't really give her enough numerical data, but it appeared to her that it would take the taxpayers about 96 years to get paid back the investment that this will cost, and for that reason and that reason alone, she was going to vote against the project. She stated that she believed there were wiser ways of investing $23 million of taxpayers' money —that she didn't think this was the wisest. She stated that as the developer has been generous in other areas of town, she thinks there should be some other way of penciling this out. Council Member/Commissioner Longville stated that she would like to know how Ms. McCammack calculated 96 years, because she was sure she would be reading about this in the paper tomorrow, and she'd like to know where that figure came from. 20 11/07/2005 She added that she and Council Member/Commissioner Estrada had worked quite a bit with Mr. Diamond and Mr. Shumaker on the concept plan, and while they realized it was just a concept plan, they went through many iterations. She stated that this is the first significant shot of residential housing in the downtown, in a concentrated area, that is not single-family, which is what the young people and the professionals in the Inland Empire are crying out for. She added that she thought it was a very wise investment and one that would do San Bernardino proud. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. CDC/2005-39 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCammack. Absent: None. 36. Public Comments Tom Kanavos, 1962 Turrill Avenue, San Bernardino, CA, ascertained that a flyer sent out by the Police Officers Association on behalf of City Attorney Penman for Mayor contained inaccurate and misleading information. Mr. Penman provided rebuttal to Mr. Kanavos' comments, stating that the information Mr. Kanavos provided was incorrect. Bill Robinson, 5402 North Park Lane, San Bernardino, CA, spoke regarding the potential for dangerous flooding from Sepulveda to the downtown area due to the fact that the flood basins are full of debris. He stated he can get $250,000 to clean these flood basins up if he has a sponsor, yet no one is stepping forward. He stated that if something happens, it will be the fault of the City. Demetrius Mitchell, 1050 North Tia Juana Street, San Bernardino, CA, spoke regarding damage done to his house during a drug raid, stating that even though the Police made a mistake and raided the wrong house, the claim he submitted to the City for damages was denied. Sylvia Arias, a Sixth Ward activist, urged residents to be sure and vote on November 8 and expressed support for City Attorney James Penman for Mayor. 21 11 /07/2005 34. Adjournment At 5:10 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, October 17, 2005, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 34 No. of Hours: 3.5 RACHEL G. CLARK City Clerk By: Linda E. Hartzel Deputy City Clerk 22 11/07/2005