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HomeMy WebLinkAbout02-06-2006 MinutesSan CITY OF SAN BERNARDINO 300 N. "D "Street San Bernardino, CA 92418 Website: www.sbcity.org MINUTES MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING FEBRUARY 6, 2006 COUNCIL CHAMBERS Mayor Judith Valles Council Members: Esther Estrada Susan Longville Gordon McGinnis Neil Derry Chas Kelley Rikke Van Johnson Wendy McCammack The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Valles at 1:37 p.m., Monday, February 6, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/ Chairman Valles; Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson; City Attorney Penman, City Administrator Wilson, City Clerk Clark. Absent: Council Members/Commissioners Longville, McCammack. Council Member/Commissioner Longville Arrived At 1:56 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): Jennifer Vasquez v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 119021; 02/06/2006 Priscilla Darlene Wilson, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 124657; City of San Bernardino v. Barber - San Bernardino Superior Court Case No. SCISS 117517. 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: Traffic Signal Issue 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 City Unified School District 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 Police Officers Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property: Vacant land APN Nos. 0261-172-21 and 0261-172-17 Negotiating Parties: Fred Wilson, City Administrator, on behalf of the City of San Bernardino, and Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment Agency Under Negotiation: Purchase price, terms and conditions 2 02/06/2006 Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Dr. Aloha Smith of St. Frances Episcopal Church, followed by the pledge of allegiance, led by Jose Chinchilla of Bradley Elementary School. Moment of Silence Mayor/Chairman Valles expressed condolences to the families and requested a moment of silence in memory of the following individuals who recently passed away: Jimmie Cartee, longtime resident and architect for over 50 years; Amada Ceballos, resident of the City for over 80 years who passed away at the age of 104; and Coretta Scott King, widow of Dr. Martin Luther King, Jr. 2. Appointments There were no commission appointments. 3. Proclamations & Presentations A proclamation designating the month of February 2006 as Black History Month was accepted by Frank Washington III. A proclamation designating the week of February 12-18, 2006, as Child Passenger Safety Week was accepted by Tom Hernandez, Health Education Specialist from the County Health Department. Mr. Hernandez gave a brief presentation on the importance of child passenger safety. The Citizen of the Month Award was presented to Evelyn Alexander by Council Member/Commissioner Derry. Mayor/Chairman Valles and Council Member/Commissioner Kelley presented a resolution of commendation to the California Cadet Corps of Shandin Hills Middle School in appreciation of their outstanding contribution to the City. Tom Marek, Director of Information Services, introduced the City's new website and explained some of the features. 4. Announcements 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. 3 02/06/2006 Mayor/Chairman Valles indicated that she had asked Interim Chief Billdt to give a report on the City's efforts to curb crime. Interim Police Chief Michael Billdt provided an update of the crime impact teams. He stated that six officers would be assigned to each of the five community policing districts and that geographic areas have been selected that have the highest incidents of crime within each of those districts. In addition, Chief Billdt stated that they have targeted five locations in the community that they believe are at -risk corridors. He stated that they have also completed a windshield survey in each of the five geographic areas and have developed problem solving matrices tailored specifically to the problems within those areas. 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 and Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 6. Council Minutes Council Member/Commissioner Johnson 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: December 5, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 4 02/06/2006 7. 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 January 31, 2006, 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. Nays: None. Absent: Council Member/Commissioner McCammack. 8. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that the personnel actions, as submitted by the Chief Examiner, dated January 31, 2006 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. Nays: None. Absent: Council Member/Commissioner McCammack. 9. RES. 2006-29 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Memorandum of Understanding with California State University, San Bernardino, establishing a partnership for the production and broadcast of community television programming content. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2006-29 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 10. RES. 2006-30 — 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. 5 02/06/2006 Resolution No. 2006-30 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 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 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. Nays: None. Absent: Council Member/Commissioner McCammack. 12. Set workshop for Tuesday, February 21, 2006 at 12 noon in the Economic Development Agency Boardroom relative to alluvial fans 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 set a workshop for Tuesday, February 21, 2006 at 12 noon in the Economic Development Agency Boardroom relative to alluvial fans. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 13. RES. 2006-31 — Resolution of the City of San Bernardino approving a Services Agreement for Professional Services with Stantec Consulting, Inc. (Stantec) 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), and repealing Resolution No. 2005-384. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. 6 02/06/2006 Resolution No. 2006-31 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 14. Item Deleted 15. RES. 2006-32 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Tract Map No. 16547, located at the northeast corner of Pine and Ohio Avenues in the RL, Residential Low land use district, accepting the public dedications as set forth on said map; and authorizing execution of the Standard Form of Agreement for the improvements in said subdivision, with time for performance specified. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2006-32 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 16. RES. 2006-34 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Amendment No. 1 to the Agreement for Consultant Services in collaboration with District for the CAPS Program between the City and the San Bernardino Unified School District. Council Member/Commissioner Kelley asked staff to provide an update relative to the Cesar Chavez Middle School and the joint use facility. Fred Wilson, City Administrator, stated that the City has been negotiating with the district in an attempt to put together a joint use agreement with the school district to provide a community center in the Verdemont area. However, because of some concerns with the terms and conditions, the school district has elected to negotiate separately with the University. Mr. Kelley stated that he was disappointed and he hoped the school district would reconsider their position. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-34 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 7 02/06/2006 17. RES. 2006-33 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Crest Chevrolet for the purchase of two 2006 3/4 ton standard cab chassis complete with Supreme Truck Service bodies, to be utilized by the Police Department. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2006-33 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 18. An Ordinance of the City of San Bernardino amending Title 6 of the San Bernardino Municipal Code relating to animals. FIRST READING Ken Childress, Director of Animal Control, explained some of the proposed changes to the current ordinance. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 19. An Ordinance of the City of San Bernardino amending Chapter 15.12 of the San Bernardino Municipal Code concerning the mitigation of earthquake hazards in unreinforced masonry buildings. FIRST READING Council Member/Commissioner Estrada stated that she would be abstaining on this item due to the fact that her employer occupies an unreinforced masonry building. She left the Council Chambers and returned after the vote was taken. Joe Lease, Building Official, stated that the proposed ordinance consists of two sections. He stated that the first section relates to the provisions of Assembly Bill 2533, which amends State Government Code Section 8875.8, and requires owners of Unreinforced Masonry (URM) buildings to post warning placards at the entrance of their building to inform the public of potential hazards associated with such buildings in the event of an earthquake. He stated that this requirement for the posting of warning placards has been in effect Statewide since 1993. Mr. Lease stated that the California Seismic Safety Commission has acknowledged that Statewide compliance with the posting requirements has been in the range of about 2 percent. He stated that in response to the low compliance rates and 8 02/06/2006 following several deaths in URM buildings during the San Simeon Earthquake of 2003, the State of California adopted AB 2533. This law strengthens the requirements for posting warning placards and authorizes local jurisdictions to impose administrative fines for noncompliance. Mr. Lease stated that Section 1 of the proposed ordinance would codify these requirements into the San Bernardino Municipal Code. Mr. Lease stated that Section 2 of the proposed ordinance addresses vacant or abandoned URM buildings. He stated that of the 102 remaining unstrengthened URM buildings in the City, approximately 25 are currently vacant. He stated that based on business registration records, the average period of vacancy is about 14 years. The proposed ordinance would require URM buildings that are vacant for one year or more to be strengthened prior to reoccupancy and it also provides that URM buildings vacant for three years or longer be declared public nuisances and it requires them to either be strengthened or demolished. Council Member/Commissioner Longville stated that she appreciated all the hard work that has been done to address the vacant buildings, but she felt the City is side-stepping the real public health threat, which is occupied URM buildings. Council Member/Commissioner Kelley stated that he was concerned that residents are living in unsafe, unreinforced buildings. He stated that he was willing to allow this to go forward with the assurance that this is, in fact, just the first step. He stated that he wanted to be sure they are not allowing a few businesses to slide just because they are occupied and have employees and are therefore exempt to this. He stated that they need to look at the whole picture and think holistically about the safety of all residents whether the building is occupied or unoccupied. Mr. Kelley asked what the next step was going to be and how they were going to address the issue of unreinforced buildings that are currently occupied. Mr. Lease stated that there are 102 buildings that have not been strengthened or demolished. He stated that the next step is up to the City Council. He stated that this is a first step and it is better than doing nothing, which is what the City has been doing for the last six years. Fred Wilson, City Administrator, stated that this is a baby step, but it is an important first step. He stated that the City has options in addressing the issues brought up by Councilwoman Longville, and he suggested that they take those back to the Legislative Review Committee (LRC) as Phase 2 of this project. Mayor/Chairman Valles stated that they get complaints about abandoned buildings that have not been occupied because they are unsafe and unreinforced and she felt the City should demolish them all and then move to the next step. 9 02/06/2006 Council Member/Commissioner Derry stated that this was a first step, but they had requested that staff come back with other options such as low interest loans or some kind of loan guarantee service. Council Member/Commissioner Longville recommended that staff be directed to come back within 90 days with a proposal to deal with the 102 buildings and a timeline for when they will be retrofitted. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Kelley, that said ordinance be laid over for final adoption, and that staff be directed to return in 90 days with a proposal and timeline for retrofitting the remaining 102 buildings. The motion carried by the following vote: Ayes: Council Members/ Commissioners Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent: Council Member/ Commissioner McCammack. 20. RES. 2006-37 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of the application for Waste Tire Enforcement Grant funds from the California Integrated Waste Management Board. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2006-37 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 21. RES. 2006-38 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to ratify the submittal of a contract application for a Program Continuation Grant from the Emergency Food and Shelter Program in the amount of $101,000 for the continued operation of the Emergency Food and Shelter Program Local Board FEMA XXIV and authorization to administer the grant funds if awarded. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2006-38 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 10 02/06/2006 22. RES. 2006-39 — Resolution of the City of San Bernardino authorizing the obligation and expenditure of the allocated FY 06/07 Justice Assistance Grant (JAG) funds and authorizing the signing of a JAG Interlocal Agreement with the County of San Bernardino. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2006-39 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 23. Establish new position of Refuse Field Inspector, reclassify the position of Account Clerk II to Account Clerk III and add additional positions to the Public Services Department Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council: Add five (5) Refuse Operator II positions, Range 1358, $2,647-$3,217/month; Add one (1) Sanitation Route Supervisor position, Range 2434, $3,867- $4,700/month; Add one (1) Senior Customer Service Representative position, Range 1359, $2 , 660-$3 , 23 3 /month ; Establish one (1) new position of Refuse Field Inspector, Range 1398, $3,231- $3,928/month; Add one (1) Equipment Mechanic II position, Range 1398, $3,231-$3,928/month; Reclassify one (1) Account Clerk II position, Range 1331, $2,313-$3,812/month to Account Clerk III, Range 1350, $2,543-$3,092/month; Authorize the Human Resources Department to update Resolution Nos. 6413 and 97-244 to reflect these actions; and Authorize the Director of Finance to amend the FY 2005/06 Refuse budget by appropriating $184,542 from the Refuse Fund balance to Refuse salary and benefit accounts to pay for 5 months of pay for positions outlined in the staff report dated February 3, 2006, from Ken Fischer, Director of Public Services. 11 02/06/2006 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 24. Establish the position of Human Resources Analyst and Reclassify the position of Personnel Assistant to Human Resources Technician in the Civil Service Department Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council: Establish the position of Human Resources Analyst, Range 3467, $4,559- $5,541/month; Reclassify the position of Personnel Assistant, Range 1394, $3,168-$3,850/month to Human Resources Technician, Range 1362, $2,700-$3,282/month; Authorize the Human Resources Department to update Resolution Nos. 6413 and 97-244 to reflect these actions; and Authorize the Director of Finance to amend the FY 2005/06 budget by increasing the Civil Service personnel budget by $18,700 and increase the transfer from Refuse to the General Fund by $9,400 and increase the General Fund expenditure savings credit by $9,300. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 25. Public hearing - amend Chapter 13.32 of the San Bernardino Municipal Code entitled Wastewater Facilities, to revise industrial limits for discharge into the sewer system, to require compliance with Federal and State Wastewater Standards and adopting an Enforcement Response Plan establishing appropriate responses and penalties to non -compliant users who discharge non -domestic wastewater to the San Bernardino Water Reclamation Plant An Ordinance of the City of San Bernardino, California, amending Chapter 13.32 of the San Bernardino Municipal Code entitled Wastewater Facilities; to revise industrial limits for discharge into the sewer system, to require compliance with federal and state wastewater standards, to revise penalties for violation of discharge standards and to make various technical corrections. FIRST READING (25A) 12 02/06/2006 RES. 2006-35 — A resolution of the Mayor and Common Council of the City of San Bernardino adopting an Enforcement Response Plan establishing appropriate responses and penalties to non -compliant users who discharge non -domestic wastewater to the San Bernardino Water Reclamation Plant. (25B) Mayor/Chairman Valles opened the hearing. Andy Coady, Environmental Control Officer with the Water Department, explained the purpose for the ordinance revisions. No public comments were received. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; that said ordinance be laid over for final adoption; and that said resolution be adopted. The motion carried and Resolution No. 2006-35 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 26. RES. 2006-40 — 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 California Street and Sixteenth Street. (Continued from January 23,2006) Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2006-40 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 27. Set a public hearing for proposed development impact fees Dennis Baxter, 327 E. 17' Street, San Bernardino, CA, urged the Council to move forward with the proposed development impact fees. Don Rogers, 290 N. "D" Street, San Bernardino, CA, representative for the Inland Valley Development Agency (IVDA) and the San Bernardino International Airport, requested that the Council consider an amendment that would provide for an exemption of the traffic portion of the fees for the San Bernardino International Airport and for the San Bernardino International Airport Authority. He stated that 13 02/06/2006 they are requesting an exemption because this new fee would slow down their development plans. Mr. Rogers stated that in order to provide incentives to bring developers to the base, certain economic benefits were needed to offset the extraordinary costs related to its reuse. He noted that relatively inexpensive land, no traffic impact fees, and the use of their tax increment are a few of the incentives offered to developers. In addition, he stated that the State of California enacted the Local Area Military Base Recovery Act (LAMBRA) that provides additional incentives to people coming into these closed military bases. Mr. Rogers stated that the City agreed a number of years ago that no new traffic infrastructure costs would be imposed on the Norton properties. Clearly, the vehicle traffic for base activities was being handled by the infrastructure that was in place at the time the base closed and replacement jobs coming onto that base should not create a need for new street improvements. Council Member/Commissioner McGinnis asked what specific areas of the airport would be included in this exemption. Mr. Rogers stated that their request was for a period of 20 years and would cover all developable property. Council Member/Commissioner McGinnis stated that he understood IVDA's sphere of influence was three miles. Mr. Rogers stated that they were not asking for an exemption for the entire sphere of influence. He stated that they were asking for an exemption for the former Norton Air Force Base, plus a couple of other parcels under 100 acres in which the IVDA has a continuing economic interest. Council Member/Commissioner Derry asked when IVDA staff had received a copy of the initial fee study. Mr. Rogers stated that they received the study about one or two weeks ago. He pointed out that the Norton properties were not included as developable properties, but were treated as Government -owned properties, and therefore exempt, so their request would not change any of the calculations in the consultant's report as far as the fee per acre or the projected income to be generated. Council Member/Commissioner Derry stated that he had some concerns because this process was supposed to involve the stakeholders. Mayor/Chairman Valles stated that it was her understanding that most of that land had already been developed. Mr. Rogers stated that with regard to the IVDA property, that was correct. He stated that the 130-acre former golf course property, which would be developed, 14 02/06/2006 and the two small out parcels, is substantially all of the IVDA property. He stated that they still have about 500 acres on the airport side that could eventually be developed. Mr. Rogers stated that they have a total acreage of about 1,700, but 1,200 of that is dedicated to runways, taxiways and tarmac, and no buildings will be built there. Mr. Wilson stated that staff believes the request is fair. He recommended that staff bring back an agreement that would provide for the exemption with certain terms, conditions and timeframes. Don Baker, President of Stater Bros. Markets, stated that they relied on the fact that they were not going to have any additional fees, and he requested that the Council give positive consideration to Mr. Roger's comments. John Magness, 275 N. Leland Norton Way, San Bernardino, CA, stated that they spent a tremendous amount of time studying the consultant's report and found it to be flawed in that it contained errors and omissions, and the consultant failed to adequately address the new trip rates adopted by SANBAG. Mr. Magness stated that they did not want to argue that the fees are inappropriate and unfair —they just want them to be accurate. Mr. Magness stated that traffic is a very complicated subject involving people who really only understand the language of traffic, trip counting and industrial, commercial and residential development. He recommended that the City slow down, review each fee, and address the traffic fee in the presence of the stakeholders. He stated that they are not against fees —they have paid almost $3 million in fees in the last three years. He urged the Council to table this matter, continue discussions and address the fees one by one until there is a consensus that the traffic fees are where they need to be, with the stakeholders' approval. Carlos Rodriguez, Building Industry Association, Baldy View Chapter, 8711 Monroe Ct., Rancho Cucamonga, CA, stated that their concern was with the accuracy of the fees to ensure affordability with respect to the housing market in the City of San Bernardino. Mr. Rodriguez stated that a proposal of this magnitude warrants precise and defined overview of where the funds will go, and whether they're accurate. He stated that as an industry they have been more than happy to pay for new roads, parks, new police and fire personnel and infrastructure —they just want to make sure the fees are accurate from the homebuyers' perspective. Mr. Wilson stated that he understood the concerns relative to the City raising its fees substantially. He stated that it has been 10-15 years since the City has looked at these fees and currently they are the lowest in the area. 15 02/06/2006 Mr. Wilson stated that Mr. Magness had a number of concerns about trip generation rates and he noted that the National Association of Industrial and Office Properties had recently mailed out a letter that outlined similar issues. He stated that he felt it was just a matter of sitting down with all the parties to work through the issues and make sure they understand the methodology. He suggested that staff schedule such a meeting, and he stated that he was confident the issues could be resolved and this matter brought back to the Council in a couple of weeks. Council Member/Commissioner Kelley stated that the proposed development fees will not only affect businesses and the airport, but they will also affect several new residential homes in the Verdemont area. He stated that he has received more positive support from his constituents on this issue than any other matter he has addressed. Mr. Kelley stated that his concern with these development impact fees is not based on demographics. In fact, his concern on this issue is the fact that some residents are being taxed on their new homes. He stated that it is not fair to a new resident to assume these fees with a new house and at the same time assume the cost of the Verdemont Infrastructure Fee plus a Landscape Maintenance District only to have the fees collected and not spent where they were generated. He stated that he is not opposed to raising fees on developers, and in fact, he has been able to persuade developers to build new parks, a new trail system in his area, and make sure they pay their fair share and build these amenities on their dime and not on the taxpayer's dime. He stated that he could not support any kind of increase until he was sure that all or most of the fees that will be collected in the Verdemont area will be spent in the Verdemont area. He suggested that they wait on this in order to give the public an opportunity to speak. Council Member/Commissioner Derry stated that many new homeowners will be paying up to 2-3 times the average property tax rate of a citizen who has lived here ten years or more, so the idea of fair share over the long term really isn't that fair. He stated that he didn't have a problem with an adjustment in fees, but he advised that the City should proceed with caution. He stated that he did not feel two or three weeks was enough time to prudently address all the concerns. He stated that if they need to have a couple more meetings to hear the concerns of the development community, he was ready to do that, because it is the businesses and the people moving into those new homes that are actually going to be paying the fee, not the developers. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Kelley, to postpone this matter for two weeks prior to setting a public hearing. (Note: No vote was taken.) Council Member/Commissioner Estrada stated that she was confused as to what the motion was. 16 02/06/2006 Mr. Wilson stated that his recommendation was to approve motions 1-3, but Council Members/Commissioners Derry and Kelley indicated that they did not want to take any action on this item and want staff to bring it back in two weeks. City Attorney Penman stated that they were going to have to look into the allegations about the study not being correct and they would have to conduct at least one or two meetings in order to make the appropriate findings. He stated that given the information presented today, he didn't think two weeks was enough time for staff to prepare the appropriate resolutions and/or ordinances. He suggested that the matter be continued for four weeks. Mr. Wilson suggested that the matter be continued for 30 days and that a meeting/workshop be held within two weeks with the business community and the City Engineer to discuss the issues. Council Member/Commissioner Derry made a substitute motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of March 6, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. RES. 2006-41 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Services Agreement with Performance Management Partners to assist the City in defining and implementing a fee for Communication Center Services. Note: The consultant's name was incorrectly noted as Performance Measurement Partners in the resolution and the staff report. The correct name is Performance Management Partners. Fred Wilson, City Administrator, stated that they had talked about adding 35 new police officers and they had talked about a potential ongoing funding source as one way to pay for it. The Police Department recommended that the City consider adopting a Communication Center Services fee, or a 911 communication fee. He stated that this fee was authorized by State law about 10 years ago and it allows cities to charge a non -tax flat rate fee on telephone bills to cover expenses related to the 911 system. He stated that the City's 911 system costs between $2.5 and $2.7 million annually, so this fee would recoup the cost of the operation of the dispatch center and some of that money could be used to fund the new police officers. Mr. Wilson stated that the first step would be to consider hiring a consultant to study the Communication Center costs and develop the methodology for 17 02/06/2006 distributing those costs between cell phone users, land line users, and trunk line users. Council Member/Commissioner Estrada inquired as to what percentage of those calls are actual calls for service. Dodie Alsop, Dispatch Center Supervisor, stated that the Police Dispatch Center takes about 550,000 phone calls per year, which includes 911 and other phone lines. She stated that they enter approximately 104,000 calls for service and there is about a 1 to 5 ratio between the telephone calls they actually answer and the calls the officers are sent out on. Council Member/Commissioner Estrada inquired as to whether a person would have to pay prior to receiving emergency services. Mr. Wilson stated that the City would provide that service to the citizens no matter what. He stated that this is simply a way to pay for the dispatch center. Council Member/Commissioner Derry stated that this is not a per call fee —this is a flat fee that would be included every month on every phone bill. Mr. Wilson stated that the monthly fee would range anywhere from $1.50 to about $3.00 per month, per phone line. Council Member/Commissioner Kelley stated that he had a serious issue with this item because the resolution does not mention anything about a 911 fee. Mr. Kelley stated that he felt the public needs to know that this is no more than another utility tax —another tax on the residents. He stated that the City needs to manage its budget better and should not put this on the backs of the residents to find another way to fund something it should already be funding. Council Member/Commissioner Estrada stated that the people who pay for the services here are the residents, and if the residents don't pay for the services, who will. She stated that they try to be as fair as they can when raising taxes and fees. Council Member/Commissioner Derry stated that this money could be spent in any number of ways and there is no guarantee that it would go to the Police Department. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2005/06 budget by increasing Account No. 001-211-5502 by $35,000 and reducing the General Fund Undesignated Balance by $35,000. 18 02/06/2006 The motion carried and Resolution No. 2006-41 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Johnson. Nays: Council Members/Commissioners Derry, Kelley. Absent: Council Member/Commissioner McCammack. COMMUNITY DEVELOPMENT COMMISSION R29. Joint public hearing - Amendment to the 2005 Meadowbrook Single Family Residential Development Agreement with Meadowbrook Park Homes, Inc. - (Central City East Redevelopment Project Area) RES. 2006-36 - Resolution of the Mayor and Common Council of the City of San Bernardino approving an Amendment to the 2005 Meadowbrook Single - Family Residential Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and Meadowbrook Park Homes, Inc. (Central City East Redevelopment Project Area). (R29A) RES. CDC/2006-6 - 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 to execute an Amendment to the 2005 Meadowbrook Single -Family Residential Development Agreement by and between the Agency and Meadowbrook Park Homes, Inc., and making certain findings and determinations (Central City East Redevelopment Project Area). (R29B) Mayor/Chairman Valles opened the hearing. Maggie Pacheco, Economic Development Agency Interim Executive Director, provided background information on this item and described the key components of the amendment. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Patrick Abitante, 1310 Morningside Drive, Burbank, CA, stated that he had received a letter from the Agency informing him that his apartment building, which he had owned for about ten years, was going to be taken by eminent domain. He stated that he had no recourse other than to sell the property under the threat of condemnation. Mr. Abitante stated that his first concern was with the removal of the tenants and finding them adequate housing. He stated that he provided a rental package for a lot of the tenants who are disabled, and these individuals are now concerned about where they are going. He stated that he has been helping four of the tenants purchase mobile homes. Mr. Abitante stated that eminent domain is a form of communism where people don't have any rights, and he hoped that someday it would be declared unconstitutional. 19 02/06/2006 Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that said resolutions A&B, be adopted. The motion carried and Mayor and Common Council Resolution No. 2006-36 and Community Development Commission Resolution No. CDC/2006-6 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 30. Public Comments Stella Trevino Garcia, 1550 W. Walnut, San Bernardino, CA, stated that the City was forcing her mother and her sister to sell their homes. She stated that it is unfair that City government can take your property by eminent domain. Deanna Adams, 1156 N. "F" Street, San Bernardino, CA, spoke about crime and the North Lake Project. Eric Avelar, 15214 Wright Court, Fontana, CA, urged the community to come together to help stop crime in the City of San Bernardino. Jo Stringfield, 22273 Barton Road, Grand Terrace, CA, asked the Council to reconsider taking people's homes by eminent domain. Sylvia Arias, 1330 Reece Street, San Bernardino, CA, talked about issues such as crime and potholes and urged residents to vote for Jim Penman for Mayor. 31. Adjournment At 5:50 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Tuesday, February 21, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 31 No. of Hours: 4 RACHEL G. CLARK City Clerk B JA6� -) Linda Sutherland Deputy City Clerk 20 02/06/2006