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HomeMy WebLinkAbout06-Council Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Gordon McGinnis Neil Derry 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 JULY 10, 2006 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 Morris at 1:32 p.m., Monday, July 10, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Ron Can Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Baxter, McGinnis, Derry, Johnson, McCarnmack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Members/Commissioners Estrada, Kelley. Council Member/Commissioner Keney Arrived At 1:50 p.m., Council Member/Commissioner Kelley arrived at the Council/ Commission meeting. Council Member/Commissioner Estrada Arrived At 2:35 p.m., Council Member/Commissioner Estrada arrived at the Council/ Commission meeting. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): 07/1012006 Tom Gronewald, et al v. City of San Bernardino, et aI. - San Bernardino Superior Court Case No. SCVSS 114589; City of San Bernardino, et aI. v. Valerie Pope-Ludlam, et aI. - San Bernardino Superior Court Case No. SCVSS 108965; Dion and Tina Graham v. City of San Bernardino, et aI. - San Bernardino Superior Court Case No. SCVSS 130968. 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: Utility User's Tax - Update 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 : Contract Extension City Manager 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 Police Officers Association Mid-Management G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Central City North Redevelopment Project Area 1. Property Address: 448-450 North "G" Street, San Bernardino APN: 0134-093-11 and 44 2 0711 0/2006 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Protea Hotel, Inc., property owner/seller Under Negotiation: Purchase price, terms, and conditions 2. Property Address: 723-739 West 5111 Street, San Bernardino APN: 0134-093-07 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Walter L. B. Ammons, property owner/seller Under Negotiation: Purchase price, terms, and conditions 3. Property Address: 770 West 5111 Street, San Bernardino APN 0134-054-26 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Raul M. Najera and Catalina A. Barrera Cantorna, property owners/sellers Under Negotiation: Purchase, price, terms and conditions 4. Property Address: 746 West 5111 Street, San Bernardino APN: 0134-054-07, 08 and 09 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Major Fritz on behalf of the Salvation Army, property owner Under Negotiation: Purchase price, terms, and conditions 5. Property Address: 696 West 5111 Street, San Bernardino APN: 0134-061-21, 22, 25 and 30 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Christopher Ko, Henry Ko, and Bruce Ko, property owners/sellers Under Negotiation: Purchase price, terms and conditions 6. Property Address: 755 West 5111 Street, San Bernardino APN: 0134-093-40 3 07/10/2006 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Premila Patel, Dashrath Patel and Sweta Patel, property owners/sellers Under Negotiation: Purchase price, terms, and conditions 7. Property Address: 795 West 5th Street, San Bernardino APN: 0134-093-41 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Tien Lee International Limited Corp., Ha-Ram, Inc., and Fu San Limited, Inc., property owners/sellers Under Negotiation: Purchase price, terms, and conditions Uptown Redevelopment Project Area 8. Property Address: 1108 West 2"d Street, San Bernardino APN: 0138-301-07 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Marlene Belichefsky as Trustee, Belichefsky Children Family Trust, property owner/seller Under Negotiation: Purchase price, terms, and conditions IVDA Redevelopment Project Area 9. Property Address: 2176 Dumbarton Avenue, San Bernardino APN: 1191-021-59 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Daniel Garcia, property owner/ seller Under Negotiation: Purchase price, terms, and conditions 10. Property Address: 2195 McKinley Avenue, San Bernardino APN: 1191-021-61 4 07/1 012006 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as Buyer, and Sonia Ortiz, property owner! seller Under Negotiation: Purchase price, terms, and conditions 11. Property Address: 2194 N. McKinley Ave., San Bernardino APN: 1191-021-29 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Dion and Tina Graham, property owners! sellers Under Negotiation: Purchase price, terms, and conditions IVDA Redevelopment Project Area (North Arden Guthrie Nei2hborhood) 12. Properties and Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as Buyer and Ramon and Maria G. Hernandez - 2140 N. Arden Avenue (APN: 1191-021-43); Lou Cannon - 2104 N. Arden Avenue (APN: 1191-021-41); Luu Quang Phuoc - 2094 N. Arden Avenue (APN: 1191-021-40); Humberto Velasquez and Delmy A. Ayala - 2072 N. Arden Avenue (APN: 1191-021-39); Larry Sr. and Andrea Estrada - 2050 N. Arden Avenue (APN: 1191-021-38); Aaron L. Edwards - 2028 and 2004 N. Arden Avenue (APN: 1191-041-26 and 25); Gloria Fimbres - 2123 N. Dumbarton Avenue (APN: 1191-021- 47); Ody Ents - 2005 N. Dumbarton Avenue (APN: 1191-041- 28); Gloria Leynes - 2159 N. Dumbarton Avenue (APN: 1191- 021-45); Robert Moreno - 2140 N. Dumbarton Avenue (APN: 1191-021-57); Don Friedman - 2122 N. Dumbarton Avenue (APN: 1191-021-56); Sabraj Nijjar - 2123 and 2141 N. McKinley Avenue (APN: 1191-021-65 and 64); Miguel Flores - 2005 N. McKinley Avenue (APN: 1191-041-32); Fidelity National Title Insurance!Ince Co. - 2105 McKinley Avenue (APN: 1191-021- 66); Pedro Uriostegue - 2158 N. McKinley Avenue (APN: 1191- 021-31); Alfonso A. and Teresa E. Hernandez - 2004 N. McKinley Avenue (APN: 1191-041-22); Silverio and Virginia Vizcaino - 2195 N. Newcomb Street (APN: 1191-021-28); Ernique and Maria Cachua - 2051 N. Newcomb Street (APN: 1191-021-20); Phuong Doan - 2005 N. Newcomb Street (APN: 1191-041-19); and Clayton & Virginia Kautzman - 2194 N. Newcomb Street (APN: 1191-021-11), as property owners 5 07/10/2006 Under Ne~otiation: Purchase price, terms, and conditions City Attorney Pernnan announced that the following case would be discussed in closed session under Agenda Item No. lA, Existing Litigation: Michael Desrochers v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 139150. Under Agenda Item No. IB, Significant Exposure to Litigation, Agenda Item No. 13. Closed Session Announcement Mayor/Chairman Morris announced that in closed session the Mayor and Common Council had discussed the extension of the contract with City Manager, Fred Wilson. A motion was made by Council Member/Commissioner Johnson, seconded by Council Member/Commissioner McGinnis, to approve the extension of Mr. Wilson's contract in the terms as described in the Fourth Amendment to Employment Agreement between Fred Wilson and the City of San Bernardino, commencing on July 10, 2006, and terminating on June 7, 2010. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCamrnack. Nays: None. Absent: None. 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. Moment of Silence Mayor/Chairman Morris expressed condolences to the family and requested a moment of silence in memory of longtime City resident and businessman, Mickey Braviroff, who owned and operated Braviroff's Piano and Music Store for more than 20 years. Mr. Braviroff was a founding member of San Bernardino Rotary North and San Bernardino Rotary Breakfast Club, and he was a lifelong member of Congregation Emanu El. Invocation/Pledge of Allegiance The invocation was given by Ernest Dowdy, Executive Director of the San Bernardino Employment and Training Agency (SBET A), followed by the pledge of allegiance, led by Councilman Derry. 2. Appointment - Frank Schnetz - Civil Service Board -- Mayor Morris Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the appointment of Frank Schuetz to the Civil Service Board, as requested by Mayor Morris, be approved. 6 07/10/2006 The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Membersl Kelley, Johnson, 3. Presentations & Proclamations On behalf of the California State Assembly, Assemblyman Joe Baca, Jr. presented the Mayor and City Council with a framed version of the signed legislation and the article provided by the San Bernardino County Sun regarding the passage of Assembly Bill 1497 that will allow a park and school to be built in the City of San Bernardino. A proclamation designating the month of July 2006 as Parks, Recreation and Community Services month was accepted by Lemuel Randolph, Director of Parks, Recreation and Community Services. Mayor's Assistant Peggi Hazlett announced that the recipient of the First Quarter 2006 Customer Service A ward was Dodie Otterbein, Records Management Coordinator in the City Clerk's Office. Dodie was recognized for her excellent customer service to both internal and external customers and for going above and beyond the call of duty in the performance of her assigned tasks. James Smith, Native Sons of the Golden West, made a presentation to Councilman Dennis Baxter, Councilman Gordon McGinnis, and Al Bone of the San Bernardino Pioneer Society, in recognition of their recent induction into the Native Sons of the Golden West. Councilman Chas Kelley presented the Citizen of the Month award to Amanda Jacobs for being a model parent and for her leadership role in the community. Mayor Morris announced that Ron Collins, Charles Ojeda, Jr. and Leonard Chavez, all veterans of foreign wars, were deeply concerned about honoring our nation's flag and thought it appropriate to initiate a possible ballot measure in the City to ensure that we honor the flag on five important days of the year: Memorial Day, Flag Day, Fourth of July, 9/11 and Veteran's Day. The Mayor stated that he had discussed this matter with Mr. Collins and a number of distinguished business leaders in the community, and they agreed to underwrite the effort to appropriately place and light the flag on the above-mentioned dates. 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. 7 0711012006 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner McCammack 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: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 6. Council Minutes Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission be approved as submitted in typewritten form: June 8, 2006. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 7. Personnel Actions Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the personnel actions, as submitted by the Chief Examiner, dated July 6, 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: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 8. ORD. MC-1228 - An Ordinance of the City of San Bernardino adding Chapter 9.96 to the San Bernardino Municipal Code regarding establishing a procedure for the designation of Crime Free Zones. (FINAL READING) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance be adopted. Ordinance No. MC-1228 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8 07/10/2006 9. RES. 2006-236 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, reciting the facts of the Special Municipal Election held on the 6" day of June 2006, declaring the results thereof and setting forth such other matters as are provided by law. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-236 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2006-237 - Resolution of the Mayor and Common Council of the City of San Bernardino accepting the resignation of Third Ward Council Member Gordon McGinnis; calling of a special election in the Third Ward of the City for November 7, 2006 to fIll the vacant Council seat in said ward, and requesting that the City of San Bernardino's Special Municipal Election be consolidated with the November 7, 2006 Statewide General Election conducted by the County of San Bernardino; and other related matters. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council accept the resignation of Gordon McGinnis as Council Member of the Third Ward; and that said resolution be adopted. The motion carried and Resolution No. 2006-237 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. Set workshop for Monday, July 24, 2006, at 5:00 p.m. - Economic Development Agency Boardroom - review Measure I projects and project development process Council Member/Commissioner McCannnack made a motion, seconded by Council Member/Commissioner Estrada, that a joint Mayor and Common Council and Planning Commission Workshop be set for Monday, July 24, 2006, at 5:00 p.m. in the Economic Development Agency Boardroom to discuss Measure I projects and project development process with emphasis on State Route 210, Interstate 215 Corridor projects and the Interstate lO/Tippecanoe Interchange project. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 9 07/10/2006 12. Set Capital Improvement Program (CIP) workshop for Monday, July 24, 2006 at 5:30 p.m. - Economic Development Agency Boardroom - review the 5-Year Capital Improvement Program - Fiscal Years 2006/07-2010/11 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that a Capital Improvement Program (CIP) workshop be set for Monday, July 24, 2006, at 5:30 p.m. in the Economic Development Agency Boardroom to review the 5- Year Capital Improvement Program for Fiscal Years 2006/07-2010/11. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 13. RES. 2006-247 - Resolution of the City of San Bernardino making application to the Local Agency Formation Commission of the County of San Bernardino for a reorganization consisting of annexation to the City of San Bernardino of 6 areas of unincorporated territories, generally lying north of Pacific Street, east of Valencia Avenue, south of Piedmont Drive and west of Victoria Avenue, to be known as Annexation No. 361. Council Member/Commissioner McCammack stated that when they passed the annexation of the Del Rosa/Harrison pocket north of Highland Avenue, she was under the impression that they had already included the revenue generation from that pocket into the budget; however, the staff report had indicated that they are including it again so she was confused. City Manager Wilson stated that when they annexed that parcel a number of months ago, they noted that there would be increased revenues from the annexation, but they did not officially include that number in the budget, so this action officially reflects the addition of that number into the budget. Council Member/Commissioner McCammack noted that the staff report states that the Police Department has indicated that these six islands could be absorbed without significant impact. However, she stated that if they were talking about the Del Rosa/Harrison annexation plus these six pockets for revenue generation and costs, that pocket was annexed with full knowledge that we would need more police support and code support especially because of the apartment complexes that require the multi-family inspection. She stated that the report does mention hiring two additional code officers, which they did agree to fund in this budget cycle specifically for that particular pocket. Mr. Wilson stated that when they annexed the Del Rosa pocket it was done with the idea that the annexation would be good for the City in the long term. He stated that they are hoping that Assembly Bill 1602 passes, which will increase 10 07/10/2006 the vehicle license fee allocation to cities. Mr. Wilson stated that if it passes that would mean an extra $145,000 for the City, which he recommends should be used to hire additional police officers to tackle some of the crime issues in that area. Council Member/Commissioner McCammack stated that for years the citizens surrounding that pocket have ended up with the backlash of whatever crime issues or code issues there were within that pocket. She suggested that the area command for that area should receive the staffing it needs quickly and that we ramp up inspections of those apartment complexes. Mayor Morris stated that it is important that we deliver to that newly-annexed area services at least as vigorous as we do elsewhere in our City. He stated that he has learned that the County not only has lower standards in terms of building, but they also have lower standards in terms of policing and code enforcement, and he stated that he is confident the City will bring improved services to that corridor. Council Member/Commissioner McCarnmack stated that the public needs to understand that the Arrowhead Springs annexation is a very important piece of the puzzle for development and revenue generation; however, the annexation of these pockets is independent of the annexation of Arrowhead Springs. She stated that she believes annexing pockets that are not typically well maintained by the County and that are already developed are not fiscally sound propositions for the voters who currently subsidize the City's revenues for City services. Ms. McCarnmack stated that she could not support the annexation of these six pockets as she does not think it's legal for LAFCO to hold the City hostage for Arrowhead Springs-as she has made very clear to LAFCO herself. She believes that if and when Arrowhead Springs comes to fruition, she knows that the Council will be very supportive of that project in and of itself. She stated that she thinks LAFCO is required by law to accept our application for the annexation of Arrowhead Springs, and for that reason she would not be able to support this particular annexation. Council Member/Commissioner Derry stated that he agreed with Ms. McCammack on the position LAFCO has taken. He stated that these are generally very well-maintained areas and would not be a drain on the City. He stated that this is a more acceptable proposal and would be a slight revenue generator, and he believes the City can provide better service to these areas than the County has. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted; and that the Mayor and Common Council: 11 07/1012006 Add one (1) Administrative Clerk II position, Range 1313 ($2,115-$2,571 per month); Add two (2) Code Enforcement Officer II positions, Range 1412 ($3,465-$4,212 per month); Authorize the Human Resources Director to update Resolution No. 97-244 to reflect the additional positions; and Authorize the Director of Finance to amend the FY 2006/07 adopted budget and increase the following as detailed in the staff report from Valerie C. Ross, Director of Development Services, dated July 3, 2006: General Fund revenues by $112,400; Fire Department salaries and benefits by $27,000; and Code Compliance salaries, benefits and equipment by $85,400. The motion carried and Resolution No. 2006-247 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCarinnack. Absent: None. ' 14. RES. 2006-238 - Resolution of the City of San Bernardino approving an Agreement for Services with LSA Associates, Inc. for the provision of professional environmental consulting services. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-238 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2006-248 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a Contract to Matich Corporation for pavement rehabilitation at eleven locations, 2nd Street (SS 06-07), Del Rosa Avenue (SS 06-19), "H" Street (SS 06-21), University Parkway (SS 06-32), Sierra Way (SS 06-50), "H" Street (SS 06-52), l(i'h Street (SS 06-53) & (SS 06-54), Mill Street (SS 06-57), "D" Street (SS 06-70), Mt. Vernon Avenue (SS 06-77), per Project Plan No. 11735, and authorization for the Director of Finance to amend the FY 05/06 Budget. James Penman, City Attorney, stated that he would have to abstain on this matter because Matich Corporation has made donations in the last year to his City Attorney re-election campaign. 12 07/1 0/2006 Council Member/Commissioner Kelley stated that he just wanted to make sure that University Parkway, the main corridor into the north end, is going to be addressed . Fred Wilson, City Manager, answered in the affirmative, and he pointed out that there will be a change to the contract which will extend the pavement rehabilitation on University to include the College to Varsity section of that street as well, and that will come to the Council later in the change order. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the Director of Finance be authorized to amend the FY 2005/06 budget by transferring $39,000 from Account No. 240-379-5504-7610 (SS06-21) "H" Street Pavement Rehabilitation" to Account No. 240-379-5504-7605 (SS06-07) "2nd Street Pavement Rehabilitation;" that the Director of Finance be authorized to amend the FY 2005/06 budget by transferring $95,600 from Account No. 240-379- 5504-7614 (SS06-32) "University Parkway Pavement Rehabilitation" to Account No. 240-379-5504-7625 (SS06-50) "Sierra Way Pavement Rehabilitation; and that said resolution be adopted. The motion carried and Resolution No. 2006-248 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. RES. 2006-239 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting the Caltrans Race-Neutral Disadvantaged Business Enterprise (DBE) Program, effective May 1, 2006, and the City of San Bernardino Annual Anticipated DBE Participation Level (AADPL) submittal for Federal fmancial assistance projects, effective for Federal Fiscal Year 2006/2007, and authorizing the City Engineer to execute the Disadvantaged Business Enterprise Race-Neutral Implementation Agreement. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-239 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. Item Deleted 18. Item Deleted 19. RES. 2006-249 - Resolution of the Mayor and Common Council of the City of San Bernardino approving Standard Form of Agreement for Subdivision Tract No. 16509-4 (Unit 4 - Lots 74 through 90) and Tract No. 16509-5 (Unit 5 - Lots 91 through 105) located on the west side of Northpark Boulevard between University Parkway and the Devil Creek Flood Control Channel with Richmond American Homes of California, Inc., with time of performance specified and approving Amendment No. 1 to Standard Form of Agreement for Subdivision Tract No. 16509-4 (Unit 4 - Lots 74 through 90) and Tract No. 16509-5 (Unit 5 - Lots 91 through 105) with University Park, LLC as approved by Resolution No. 2005-299, dated, September 6, 2005. Council Member/Commissioner Kelley stated that he wanted to make sure that this action would ensure that the agreements in place with Watson and Associates would be completed by Richmond American. Valerie Ross, Director of Development Services, answered in the affirmative. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; and that the Director of Development Services be authorized to release bonding posted by University Park, LLC to guarantee completion of infrastructure improvements for Tract No. 16509-4 (Unit 4 - Lots 74 through 90) and Tract No. 16509-5 (Unit 5 - Lots 91 through 105) as approved by Resolution No. 2005-299, dated September 6, 2005, except bonding posted for improvements in the Landscape Maintenance District. The motion carried and Resolution No. 2006-249 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2006-240 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement between the City of San Bernardino and Rogers Anderson Malody and Scott L.L.P. for the provision of financial auditing services. Council Member/Commissioner McCannnack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-240 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14 0711012006 21. RES. 2006-241 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino City Fire Department to enter into a new Interagency Instructional Services Agreement with Rancho Santiago Community College District. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2006/07 budget and increase General Fund revenue Account No. 001-000-4708 (Fire Training Agreement) by $21,800 from $36,000 to a new total of $57,800. The motion carried and Resolution No. 2006-241 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2006-242 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino City Fire Department (SBCFD) to enter into a Cooperative Agreement with the United States Department of Agriculture (USDA), San Bernardino National Forest relating to fire protection and rescue services within the mutual threat zone. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-242 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. RES. 2006-250 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Finance Director or her designee to execute a purchase order in an amount not to exceed $450,377 to Micon Construction, Inc. for the purchase and installation of three (3) water playground systems located at Jerry Lewis Swim Center, Wildwood Park, and Lytle Creek Park. James Pemnan, City Attorney, stated that he was concerned about the safety of the water features. Lemuel Randolph, Director of Parks, Recreation and Community Services, described the nature of the water features and stated that he did not expect to have any problems; however, he would have them monitored. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. 15 07/10/2006 Resolution No. 2006-250 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCamrnack. Nays: None. Absent: None. 24. RES. 2006-243 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement with the California Highway Patrol, San Bernardino allowing the California Highway Patrol to use the City of San Bernardino Police Department's Firing Range. Council Member/Commissioner McCamrnack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-243 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCamrnack. Nays: None. Absent: None. 25. RES. 2006-251 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an annual purchase order, with three single year renewal options, to Pride Automotive for automotive, light and medium duty truck transmission service, repair and exchange for the City's fleet. Agenda Item Nos. 25 and 27 were discussed simultaneously. Council Member/Commissioner McCamrnack voiced her concerns regarding buying from local vendors and added that the City is desperately trying to pay for public safety. Council Member/Commissioner McCamrnack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2006-251 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCamrnack. Nays: None. Absent: None. 26. RES. 2006-244 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an annual purchase order, with three single year renewal options, to Drake Supply Company of Fontana, for Unity spotlights, Target Tech strobes and light bars and miscellaneous electrical supplies for the City's fleet. Council Member/Commissioner McCamrnack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 16 07/10/2006 Resolution No. 2006-244 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. RES. 2006-252 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Crest Chevrolet for a 2007 4WD Tahoe Command Vehicle to be utilized by the Fire Department. Agenda Item Nos. 25 and 27 were discussed simultaneously. Council Member/Commissioner McCannnack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2006-252 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28. RES. 2006-245 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Steiny & Company, Inc. for installation of an electrical service at the Waterman Landfill treatment site. Council Member/Commissioner McCannnack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-245 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29. Item Deleted 30. RES. 2006-246 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Executive Director of the San Bernardino Employment and Training Agency to execute a Subgrant Agreement with the State of California Employment Development Department, and rescinding Resolution No. 83-306. Council Member/Commissioner McCannnack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-246 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCamrnack. Nays: None. Absent: None. 17 07/1012006 31. RES. 2006-253 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of an on-line grant application for the FY 2006 Staffmg for Adequate Fire and Emergency Response (S.A.F.E.R.) grant submitted to the Department of Homeland Security Federal Emergency Management Agency. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, submitted articles and spoke about the over-funding of the Fire Department and questioned whether this grant was a good idea. Council Member/Commissioner McGinnis asked if a source of revenue had already been identified to pay for this versus paying for more police officers. Fred Wilson, City Manager, stated that this was part of the commitment the Council had made to ramp up the staffing of the Fire Department from 3 to 4 fire fighters, and this funding simply helps the City reach that goal without having to impact the general fund sooner rather than later. He stated that they would probably look to the General Fund reserves and/or the savings they hope to achieve after the first quarter to help pay for the grant. Council Member/Commissioner McCammack stated that this is an issue for the safety of our fire fighters when they are going into a structure to save it from a fire, and this is a group of fire fighters that we were probably going to hire anyway. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-253 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 32. RES. 2006-254 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the FY 2006 Homeland Security Grant Program and the Emergency Operations Center budget detail worksheets to the San Bernardino County Fire Department, Office of Emergency Services. Council Member/Commissioner Baxter made amotion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-254 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18 07/10/2006 33. RES. 2006-255 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the budget detail worksheet for the Fiscal Year 2006 Metropolitan Medical Response System (MMRS) grant program to the San Bernardino County Fire Department, Office of Emergency Services. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-255 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 34. RES. 2006-256 - Resolution of the City of San Bernardino ratifying the submittal of the COPS 2006 Technology Grant application and authorizing the Police Department to administer the grant award in accordance with the Grant Expenditure Plan. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-256 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 35. RES. 2006-257 - Resolution of the City of San Bernardino ratifying the submittal of the FY 2006 Homeland Security Grant application and authorizing the Police Department to administer the awarded grant funds in accordance with the Grant Expenditure Plan. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-257 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 36. Item Deleted 37. Public hearing - resolution ordering work - San Bernardino International Airport/ Alliance-California Area Landscape and Lighting Maintenance Assessment District No. 1022, Zones 1, 2 and 3 (Continued from June 19, 2006) 19 07/10/2006 Resolution of the City of San Bernardino rmding 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 San Bernardino International Airport/Alliance-California area, generally north of Central Avenue, east of Lena Road and south of 3" Street, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1022, Zone 1, Zone 2, and Zone 3, ordering the work, confirming the 2006-2007 assessment roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. The hearing remained open. No public comments were received. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of July 24,2006. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 38. Council Minutes - May 1, 2006 and May 22, 2006 (Continued from June 19, 2006) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the minutes be approved. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 39. Council Minutes - May 15, 2006 (Continued from June 19, 2006) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the minutes be approved. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 20 07/10/2006 40. Legislative Update (Continued from June 19, 2006) Council Member/Commissioner McCammack provided a legislative update relative to housing bills that are pending and need to be supported because they are good for the City of San Bernardino or need to be killed because they are bad for the City of San Bernardino. Ms. McCammack stated that there is an eminent domain initiative that is likely to be placed on the ballot in November and it is called the "Anderson Initiative" or "Protect our Homes." Ms. McCammack stated that another piece of legislation in Sacramento is the Telecommunications Bill, or AB 2987, and the public needs to understand the ramifications of this particular piece of legislation. She stated that it is being advertised by AT&T and Verizon as fair competition of telecommunication services, but as with electric deregulation several years ago, the intent is to make it more cost effective for the consumer, and we all know what happened with that particular piece of legislation. Ms. McCammack stated that she believes the League of California Cities is afraid that this is heading down that same slippery slope. She noted that the commercials say it will make your cable bill cheaper, and it might at first, but as with electricity, beware of things that sound too good to be true. Mayor/Chairman Morris stated that the eminent domain initiative did qualify and it will appear on the November ballot. He suggested that the residents of San Bernardino read the analysis and the information both in support and in opposition very carefully in order to be fully informed on this proposed initiative that will profoundly alter the way the City does business. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the report from the League of California Cities, Housing, Community and Economic Development Committee Meeting of 6-22-06, be received and filed. The motion carried by the following vote: Ayes: Council Members/ Commissioners Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 41. RES. 2006-258 - Resolution of the Mayor and Cornmon Council of the City of San Bernardino authorizing the Mayor to execute Amendment No. 2 to the Lease between the City of San Bernardino and the San Bernardino Stampede, Inc. (Continued from June 20,2006) Council Member/Commissioner McGinnis stated that he had a concern with someone else maintaining the field. 21 07/10/2006 Mayor/Chairman Morris stated that this particular item only transfers responsibility for landscape maintenance. City Attorney Penman stated that the primary purpose for the change of this amendment was to shift the responsibility for maintaining the field from the City to the team. They have agreed to take down the backstop prior to a non- baseball event and raise the backstop upon the completion of a non-baseball event, but that is the only real change that he could recall. Lori Sassoon, Assistant City Manager, stated that pursuant to the first amendment to the agreement, the team has the responsibility and discretion to market and manage the stadium on a year-round basis, and under the current arrangement it's the team's decision whether or not to allow a non-baseball event on a given day. She stated that the agreement contains language that allows the City to request a certain number of events per year given reasonable notice. She requested that in the future if the Council has any issues to please bring them to her attention and they would try to work through them with the team. Ms. Sassoon stated that this is the first time she's ever heard of an issue, but she feels that the team would be willing to work with the City to resolve any issues. She stated that it's difficult to share park maintenance personnel and the regular maintenance functions with the stadium over any extended period of time. Council Member/Commissioner McCammack suggested that they have had some difficulty in getting the team to agree as to what is reasonable and if we could change the language to a 24 hour notice and get them to agree to it, maybe they should leave that in the hands of the Mayor and the City Manager. Council Member/Commissioner McGinnis asked if this portion of the contract could be canceled at any given time. Ms. Sassoon stated that the current lease is for a ten-year period that expires in October. Mr. McGinnis asked if this was just a maintenance agreement. Ms. Sassoon stated that it was an amendment to the existing lease. Mayor/Chairman Morris advised that they should move ahead, and he suggested that they could reopen discussion on this issue next month. Mr. Penman stated that there are good legal reasons to proceed with the contract. He mentioned that the City really started behind in this agreement in that the Mayor and Council were already in office when the agreement was initially negotiated. He stated that the City was willing to subsidize the Los Angeles Dodgers in order to have a Dodgers minor league team here in San 22 07/10/2006 Bernardino and, as a result, there was a good deal of discussion by the Mayor and Council as to some of the terms of the agreement. But, the decision was made by the Mayor and Council that they really wanted the Los Angeles Dodgers to be here and have their affiliate team here. So given that, an agreement was entered into which was probably not in the best financial interest of the City, if you just look at dollars, but the Mayor and Council at that time weighed the fact that it was the Los Angeles Dodgers. Since then, every time we have an opportunity we try to gain a little bit, as does the team. He stated that in Section 5.04.2 on page 2 of the agreement, the team wanted us to have a provision that, "If, due to unavoidable, unforeseen circumstances, the Tenant (meaning the team) is unable to perform the groundskeeping services described herein, the City agrees to resume the groundskeeping services, which Mr. Penman advised was changed to read, "the City agrees to negotiate with Tenant for the performance of said services." Mr. Penman stated that a particular area of difficulty was Section 21.01.1 on page 3, in that the City is obligated to replace any seats that are broken. In this agreement they a!lded the following language: "The City shall be credited a flat rate of $40.00 for each seat that is replaced or repaired," and "The total amount credited to the City shall be deducted against the field maintenance credit. The total amount to be credited to the City for stadium seat replacement/repair shall not exceed $10,000 annually, although it may be less." Mr. Penman advised that at the present time the City is not able to maintain the field for the rest of the season and the team is willing to do that in exchange for credit on the agreement in the amount of $80,000, which seemed to him to be a reasonable amount. He added that he believed this put the City in a slightly better position. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted; and that the Director of Finance be authorized to amend the fmal FY 2006/07 budget as outlined in the staff report dated June 27, 2006, from Fred Wilson, City Manager. The motion carried and Resolution No. 2006-258 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: Council Member/Commissioner McGinnis. Absent: None. 42. Set a Council workshop for July 24, 2006, at 5:30 p.m. in the Economic Development Agency Boardroom to discuss the formation of a new San Bernardino community center and park Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that a Council workshop be set for July 24, 23 07/10/2006 2006, at 5:30 p.m. in the Economic Development Agency Boardroom to discuss the formation of a new San Bernardino community center and park. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 43. Item Deleted 44. Item Deleted COMMUNITY DEVELOPMENT COMMISSION Staff Present Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack; Senior Assistant City Attorney Calkins, City Clerk Clark, Economic Development Agency Executive Director Pacheco and Special Counsel Sabo. R45. Hearing - resolution of public interest and necessity for acquisition of real property - 796 W. 5tb Street RES. CDC/2006-25 - Resolution of the Community Development Commission of the City of San Bernardino declaring the public interest and necessity of acquisition of real property by the Redevelopment Agency of the City of San Bernardino for community redevelopment purposes over the property located at 796 W. ~ Street, San Bernardino, California (APN: 0134-054-25) in the Central City North Redevelopment Project Area, and rescinding Resolution No. CDC/2006-15. Mayor/Chairman Morris opened the hearing. Maggie Pacheco, Economic Development Agency Executive Director, stated that they previously had this item before this body to consider adoption of a resolution of necessity. She stated that the property owner has been provided with all the appropriate offers pursuant to Redevelopment Law, and no responses have been received. No public comments were received. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolution be adopted. 24 07/10/2006 The motion carried and Resolution No. CDC/2006-25 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCammack. Absent: None. R46. Hearing - resolution of public interest and necessity for acquisition of real property - 495 N. "G" Street RES. CDC/2006-26 - Resolution of the Community Development Commission of the City of San Bernardino declaring the public interest and necessity of acquisition of real property by the Redevelopment Agency of the City of San Bernardino for community redevelopment purposes over the property located at 495 North "G" Street, San Bernardino, California (APN: 0134-101-28) in the Central City North Redevelopment Project Area, and rescinding Resolution No. CDC/2006-16. Mayor/Chairman Morris opened the hearing. Maggie Pacheco, Economic Development Agency Executive Director, stated that this was considered on June 5 by this Commission and the property owner has been provided with all the appropriate offers. She stated that if there is no resolution with regard to acquisition of the property, they are recommending that the Commission again consider the resolution of necessity. Ms. Pacheco advised that if the property owner is present he should be given an opportunity to speak on this matter. No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the hearing be closed; and that said resolution be adopted. Council Member/Commissioner McCammack stated that these two properties were being paid for out of the bond issue that she had voted against; therefore, she needed to be consistent with her vote on these two particular properties. The motion carried and Resolution No. CDCI2006-26 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCammack. Absent: None. 25 07/10/2006 R47. RES. CDC/2006-27 - Resolution of the Community Development Commission of the City of San Bernardino (1) approving the sale of Tuscany Apartments (the "Property") to Capital Foresight Limited Partnership and (2) approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute an Assumption Agreement related to the sale of the property. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. CDC/2006-27 was adopted by the following vote: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Johnson, McCammack. Nays: None. Absent: None. Ayes: Kelley, PLANNING 48. Public hearing - request for reconsideration of the denial of Appeal No. 05- 24, upholding the Planning Commission denial of DPI No. 05-81, a proposal to establish a coin-operated laundry at 4399 N. Sierra Way in the CG-l, Commercial General, land use district Mayor/Chairman Morris opened the hearing. Valerie Ross, Director of Development Services, provided background information. She stated that the Development Code contains provisions whereby an applicant can request reconsideration based on additional facts or information. She noted that that is discretionary on the part of the Council and the hearing authority may vote to reconsider. In May, staff received backup information to support the request for reconsideration. Ms. Ross stated that the new information that was provided by the applicant is that the business itself has been sold to Golden State Laundry Systems, a company that runs these types of facilities. Golden State proposes to improve the site, which includes a major remodel of the building, installing a glass door front, installing a video surveillance system and upgrading the exterior lighting. Golden State has also committed to have a staff person at the site during all hours of operation. Based on those proposed changes, staff recommends that the laundry facility be approved. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council reconsider the December 19, 2005 denial of Appeal No. 05-24. 26 07/10/2006 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, McGinnis, Kelley, Johnson, McCammack. Nays: Council Members/Commissioners Baxter, Derry. Absent: None. Pursuant to Resolution No. 2005-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Bill Lemann, Attorney representing Mr. Lee, 215 N. "D" Street, Suite 100, San Bernardino, CA, stated that staffs report accurately reflects their agreement with regard to their application for reconsideration and their agreement for modification to the items that were approved by staff at the August meeting. He stated that conditions of approval were contained in the backup that identify, as of July 10, 2006, three items that were critical to members of the Council at the last hearing. He stated that one issue was whether or not they would have full time employees, managers and attendants at the facility, and they are in agreement to make that a condition of approval. Mr. Lemann stated that members of the Council also raised the issue of security and the fa~ade of the building and whether or not they could add plate glass as well as glass doors on the west side of the building that faces the patio, so that you could see through the facility at every angle. He noted that the architects and engineers have reported that they could add those windows and the applicant is willing to do so. In addition to the windows that are going to be added to the facility, Mr. Lemann stated that the operators will install a state-of-the-art camera system and that surveillance will operate at all times during the operation of the laundromat and they will keep a digital video tape of everything that goes on in the facility. He stated that there was also a question about outdoor lighting in the parking areas and along the store front, and the applicant is anxious to put in whatever kind of lighting is requested by the Council. Bob Fisher, 247 E. 42"d Street, San Bernardino, CA, stated that the crime in this area is out of hand. He stated that there are already two laundromats in the area, and he suggested that the Council look closely at this proposal. Mary Cox, 219 E. 44th Street, San Bernardino, CA, stated that they don't live in a crime-free area so they need to stay vigilant as to what's coming into their neighborhoods. She stated that they don't need any additional liquor stores, 99t stores, or coin laundries. Ms. Cox stated that the apartments have their own laundry facilities and the people who will use the laundry are people who can't afford their own washers and dryers. She feels that this is not a "common sense" issue, but a "dollars and cents" issue, and the residents don't appreciate having people tell them what they need in their neighborhood. Council Member/Commissioner Johnson stated that he still had concerns with the windows. 27 07/10/2006 Mr. Lemann stated that the applicant is willing to work with the Council on the windows as long as they are approved by the architect. Council Member/Commissioner McCammack voiced her concerns about the amount of crime in that area and stated that she felt there were better uses for that property. Mr. Lemann stated that this will be the best laundromat in the area, and he believes that in order for the other laundromats to stay in business, they will have to upgrade their appearances as well. He stated that the trend is to use a card, much like an ATM card, and they predict this may happen by the time their laundromat opens for business. Council Member/Commissioner Kelley stated that considering the fact that this is a vacant building, and considering the fact that this is an improvement, he hoped this would be the beginning of much more improvement in that area. Mr. Kelley asked if the Council, if it was their desire to approve this facility, could condition the applicant to use that type of card, so the concern of an all cash business could be resolved. Ms. Ross stated that she believed that was an appropriate condition to impose. She stated that staff believes the measures being proposed, especially the changes to the building to improve safety, should address the concerns that were raised by the Council. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that the Mayor and Common Council reverse the denial of Appeal No. 05-24, thereby upholding the August 5, 2005 approval of Development Permit Type I No. 05- 81, subject to the revised conditions of approval recommended in Exhibit 3. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, McGinnis, Kelley, Johnson. Nays: Council Members/ Commissioners Baxter, Derry, McCammack. Absent: None. 49. Public Comments Randy Lally, 2249 W. Walnut Street, San Bernardino, CA, spoke on behalf of his neighbors regarding the southwest pocket of the City near Macy between Mill and Rialto Avenues. He stated that he has spoken with Councilman McGinnis several times about this particular area, which is the flood control basin on the corner of Macy and Walnut. Mr. Lally stated that the residents had concerns about the still water, the drainage, and the swamp-like atmosphere for 100 yards through the middle of this basin. He stated that once every couple of 28 07/1 0/2006 months, members of the maintenance crew come by and dig up the mud and just throw it to the side, then it builds back up, and it is a continuous process. Christina Marquez, 1494 W. 9th Street, San Bernardino, CA, voiced her concerns regarding the use of illegal fireworks in both the Sixth and First Wards. Deanna Adams, 1156 N. "F" Street, San Bernardino, CA, spoke about Proposition 90 regarding eminent domain. Dee McClure, Construction Liaison from Caltrans, gave an update of an upcoming construction project called Devore II, which is on Interstate 15 in Fontana from Sierra Avenue to just south of Cleghorn Road in the Cajon Pass. She stated that there were going to be some directional closures this summer and next summer. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the death of the son of a retired police officer who was killed last week during a drug investigation. Marshall D. Goodwill, 957 W. Fromer Street, Rialto, CA, submitted a plan to take gang members off the streets. 50. Adjournment At 6:58 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, July 24, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk B~ <UAi ~~ Lmda Sutherland Deputy City Clerk No. of Items: 50 No. of Hours: 5.5 29 07/1012006 CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Gordon McGinnis Neil Derry Chas Kelley Rikke Van Johnson Wendy McCanunack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JULY 24, 2006 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 Morris at 1:38 p.m., Monday, July 24, 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 Morris; Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCanunack; City Attorney Pemnan, City Clerk Clark, City Manager Wilson. Absent: None. 1. Closed Session Pursuant to Govermnent Code Section(s): A. Conference with legal counsel - eXlstmg litigation - pursuant to Govermnent Code Section 54956.9(a): City of San Bernardino and Economic Development Agency for the City of San Bernardino v. Valerie Pope-Ludlam, et al. - San Bernardino Superior Court Case No. SCVSS 108965; Sequenta Lawrence, et al. v. City of San Bernardino, et al. - United States District Court, Central District of California Case No. CV 04-336 FMC (SGLx); 07/24/2006 Juventino Flores v. City of San Bernardino, et a1. - United States District Court, Central District of California Court Case No. EDCV 05- 00505 SGL (JTLx); San Bernardino City Unified School District v. Helen Danton, et a1. - San Bernardino Superior Court Case No. SCVSS 129273. 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: Diamond Concessions of CA, Inc., dba Diamond Creations v. City of San Bernardino 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. Daniel Osias City of San Bernardino and the Redevelopment Agency of the City of San Bernardino v. Upham Development Company, El Corte Ingles, S.A. Company, and LNR San Bernardino, LLC 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. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Operation Phoenix Tar2et Area 1. Property Address: 1268 Wall Avenue, San Bernardino APN: 0146-241-05 2 07/24/2006 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer and Edith Aguirre, as property owner/seller Under Negotiation: Purchase price, terms, and conditions 2. Property Address: 253 East 14lh Street, San Bernardino APN: 0146-212-09 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer and Benjamin Haros, property owner/seller Under Negotiation: Purchase price, terms, and conditions 3. Property Address: 1532 Sepulveda Avenue, San Bernardino APN: 0146-142-15 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer and Margarito Urena and Lorena Urena, property owners/sellers Under Negotiation: Purchase price, terms, and conditions City Attorney Penman announced that the following additional case would be discussed in closed session: People v. Manta Management - San Bernardino Superior Court Case No. SCVSS 117285. Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Pastor Marco Garcia of The Way World Outreach Church, followed by the pledge of allegiance, led by Madison Tibke of Anderson School. 3 07/24/2006 2. Appointment - Council Member Baxter - Redevelopment Committee Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council appoint Council Member/Commissioner Baxter to the Redevelopment Committee. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. 3. Proclamations & Presentations Ayes: Derry, Council Members/ Kelley, Johnson, As part of the Economic Development Agency's business retention and revitalization focus, Executive Director Maggie Pacheco, Mayor Morris, and Council Member McGinnis presented a Business Recognition A ward to Tim Jenkins, General Manager, and Dael Strange, Sales and Marketing Director, of the Hilton Hotel in recognition of their continuing excellence in providing hotel hospitality services and the promotion of tourism in the region. Ms. Pacheco, Mayor Morris, and Council Member McGinnis also presented a Business Recognition Award to Jerry Faust, Dean of Academics at the Art Institute of California, in recognition of the Institute's leadership in creative education. The following individuals were presented a service pin award by Mayor Morris in recognition of their many years of dedicated service to the City: Name Adolfo Navarro Robert Roset Daniel Vidana Wendy Martin Apolinar Galarza Ruben Martinez Tony White Department Development Services Fire Fire Police Public Services Public Services Public Services Years of Service 15 10 10 15 10 15 5 Council Member Gordon McGinnis, who resigned from his position effective the end of July, was presented a resolution of commendation by Mayor Morris and a plaque by Council Member Estrada in recognition of his service and commitment to the City for the past 7 years, followed by a reception in his honor in the City Hall lobby . 4 07/24/2006 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, community, and chamber events and activities. Council Member/Commissioner McCammack introduced Jennifer Oberhelman, Marketing Director for the San Bernardino Adult School, who made a brief presentation regarding the school and its curriculum. Council Member/Commissioner Estrada introduced Teresa Flores, who announced that the San Bernardino girls softball team from the Guadalupe Youth League had qualified for the nationals in Texas and solicited donations from the public to help with their expenses and make attendance at the tournament possible for these girls. 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: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 6. Council Minutes Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission be approved as submitted in typewritten form: June 5, 2006. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 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 July 7, 2006, from Barbara Pachon, Director of Finance, be approved. 5 07/24/2006 The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 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 July 19, 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: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 9. RES. 2006-261 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, OdIum & Haws and the City of San Bernardino in the case of Michael Desrochers v. City of San Bernardino, et al. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-261 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9A. RES. 2006-262 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a joint litigation and confidentiality agreement between Richards, Watson & Gershon and the City of San Bernardino in the case of City of San Bernardino, et aI. v. County of San Bernardino (Perchlorate litigation). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-262 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6 07/24/2006 10. Resolutions placing a Charter Amendment on the November 7, 2006, ballot adding Section 123 to the City Charter Resolution of the Mayor and Common Conncil of the City of San Bernardino calling a Special Municipal Election on a proposed Charter Amendment amending Section 120 - the Initiative; Section 122 - the Recall and adding Section 123 - Compliance with Elections Code and requesting that said City of San Bernardino's Special Municipal Election be consolidated with the November 7, 2006 Statewide General Election conducted by the County of San Bernardino. (lOA) Resolution of the Mayor and Common Council of the City of San Bernardino submitting to the qualified electors of said City for their approval a proposed Charter Amendment amending Section 120 - the Initiative; Section 122 - the Recall and adding Section 123 - Compliance with Elections Code; transmission of the proposed Charter Amendment to the Office of the City Attorney for purposes of preparation of an impartial analysis. (lOB) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCarnmack. Nays: Council Member/Commissioner McGiunis. Absent: None. IDA. Resolutions placing Charter Amendments on the November 7, 2006, ballot related to Initiative, Recall and Referendum provisions Resolution of the Mayor and Common Council of the City of San Bernardino calling a Special Municipal Election on a proposed Charter Amendment relating to Section 120, the Initiative and requesting that said City of San Bernardino's Special Municipal Election be consolidated with the November 7, 2006 Statewide General Election conducted by the County of San Bernardino. (lOA-A) Resolution of the Mayor and Common Council of the City of San Bernardino calling a Special Municipal Election on a proposed Charter Amendment relating to Section 121, the Referendum and requesting that said City of San Bernardino's Special Municipal Election be consolidated with the November 7, 2006 Statewide General Election conducted by the County of San Bernardino. (lOA-B) 7 07/24/2006 Resolution of the Mayor and Common Council of the City of San Bernardino calling a Special Municipal Election on a proposed Charter Amendment relating to Section 122, the Recall and requesting that said City of San Bernardino's Special Municipal Election be consolidated with the November 7, 2006 Statewide General Election conducted by the County of San Bernardino. (10A-C) Resolution of the City of San Bernardino submitting to the qualified electors of said City for their approval a proposed Charter Amendment relating to Section 120, the Initiative; transmission of the proposed Charter Amendment to the Office of the City Attorney for purposes of preparation of an impartial analysis. (lOA-D) Resolution of the City of San Bernardino submitting to the qualified electors of said City for their approval a proposed Charter Amendment relating to Section 121, the Referendum; transmission of the proposed Charter Amendment to the Office of the City Attorney for purposes of preparation of an impartial analysis. (lOA-E) Resolution of the City of San Bernardino submitting to the qualified electors of said City for their approval a proposed Charter Amendment relating to Section 122, the Recall; transmission of the proposed Charter Amendment to the Office of the City Attorney for purposes of preparation of an impartial analysis. (10A-F) Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCarnmack. Nays: Council Member/Commissioner McGinnis. Absent: None. 11. RES. 2006-263 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a Master Services Agreement by and between the Inland Valley Development Agency and the City of San Bernardino for provision of City services for Fiscal Year 2006/2007. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; and that the Director of Finance be authorized to increase Account No. 001-183-5505 by $100,000 for expedited engineering services, and revenue Account No. 001- 000-4671 by $100,000 to reflect corresponding reimbursement. 8 07/24/2006 The motion carried and Resolution No. 2006-263 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. RES. 2006-264 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 2006/2007. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-264 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter. McGinnis, Derry. Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2006-268 - Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A resolution...prohibiting parking upon certain designated streets, alleys, or portions thereof..." to establish a no parking Saturdays and Sundays between the hours of 7:00 a.m. and 4:00 p.m. except by permit zone on residential streets located north of Pacific Street and west of Arden Avenue in the vicinity of the San Bernardino Soccer Complex. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-268 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. Authorize Contract Change Order No. One - contract with J.D.C., Inc. for construction of ADA access ramps and sidewalk at Gilbert Street (SS-B 2005/06) - Plan No. 11567 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Development Services be authorized to execute Contract Change Order No. One in the amount of $5,492.05 to the contract with J.D.C., Inc. for construction of ADA access ramps and sidewalk at Gilbert Street (SS-B 05/06), per Plan No. 11567. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 9 07/24/2006 15. Authorize Contract Change Order No. One - contract with Downstream Services, Inc. - cleaning sewer siphons at varions locations in the City of San Bernardino (SW-D 2005/06) - Project Plan No. 11340B Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Development Services be authorized to execute Contract Change Order No. One to the contract with Downstream Services, Inc. for cleaning sewer siphons at various locations in the City of San Bernardino (SW-D 2005/06), per Project Plan No. 11340B. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 16. RES. 2006-265 - Resolution of the City of San Bernardino, authorizing and setting the Special Tax Rate for that certain area annexed into the City of San Bernardino pursuant to LAFCO 3049, generally located north of Highland Avenue, east of Golden Avenue, for paramedic services, and approving the Fiscal Year 2006/2007 Tax Roll and establishing Special Tax Area 2006-1. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-265 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. Resolution of the Mayor and Common Council of the City of San Bernardino approving a Cooperative Agreement between the San Bernardino County Transportation Anthority, the Inland Valley Development Agency (lVDA), the Connty of San Bernardino, the cities of San Bernardino and Highland, and the San Manuel Band of Mission Indians, for the preparation of a Project Study Report (PSR) for State Route 210 - Arden-Highland and Victoria Avenue interchanges (SS07-24). Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: Council Member/Commissioner Johnson. Absent: None. 10 07/24/2006 18. Authorize Contract Change Order No. One - contract with David T. Wasden, Inc. - sewer and street improvements on 34th Street - Leroy Street to Waterman Avenue (SW 04-23); 48th Street - "F" Street to Electric Avenue (SW 04-24); and street improvements on Richardson Street - San Bernardino Avenue to Victoria Avenue (SW 04-34); Cooley Avenue - Tippecanoe Avenue to Gage Canal (SW 04-35); and "E" Street - rd Street to 4th Street (SW 04-06) - Project Plan No. 11147 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Development Services be authorized to execute Contract Change Order No. One to the contract with David T. Wasden, Inc., for sewer and street improvements on 34th Street - Leroy Street to Waterman Avenue (SW 04-23); 48th Street - "F" Street to Electric Avenue (SW 04-24); and street improvements on Richardson Street - San Bernardino Avenue to Victoria Avenue (SW 04-34); Cooley Avenue - Tippecanoe Avenue to Gage Canal (SW 04-35); and "E" Street - 2nd Street to 4th Street (SW 04-06); per project Plan No. 11147. The motion carried by the following vote: Commissioners Estrada, Baxter, McGinnis, McCamrnack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 19. RES. 2006-266 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into Standard Agreements with the Department of Mental Health-Patton State Hospital. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2006/07 budget and increase General Fund revenue Account No. 001-000-4880 (EMS User Fee) by $20,000 from $450,000 to a new total of $470,000. The motion carried and Resolution No. 2006-266 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. Item deleted. 21. RES. 2006-269 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement between the City of San Bernardino and the San Bernardino City Unified School District for delivery of meals and snacks to Delmann Heights Community Center Head Start Program. 11 07/24/2006 City Attorney Penman stated that he would abstain on this item because his wife is a member of the school board, and advised that Special Counsel Sabo had reviewed the resolution. Mr. Penman left the Council Chambers, returning after the vote was taken. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-269 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2006-270 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Services Agreement between the City of San Bernardino and Boys and Girls Club of San Bernardino Inc. to provide community services at the Delmann Heights Community Center. Council Member/Commissioner Johnson stated that he would abstain on this item because he is a member of the Boys and Girls Club Board of Directors. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner McCammack expressed concern that the Council was funding these programs prematurely, without knowing if additional resources will be available to fund them for the long-term. Mayor/Chairman Morris advised that the majority of this allocation ($85,000) has been the annual allocation for assistance to the Boys and Girls Club for the past couple of years-fiscal years 2004/2005 and 2005/2006-and the additional $34,000 for the Safe Summer Programs for Youth is being allocated on a one- year basis only. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-270 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays: None. Abstentions: Council Member/Commissioner Johnson. Absent: None. 12 07/24/2006 23. RES. 2006-267 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Finance Director or her designee to execute a purchase order to Athletic Field Specialists for the design and installation of irrigation system improvements for two (2) baseball fields and park located at Nicholson Park. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-267 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. RES. 2006-274 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an Agreement with the City of San Bernardino and Western Regional Little League Baseball for rmancial assistance from the Civic and Promotion Fund for FY 2006/07. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted; and that direct funding in the amount of $5,000 from the FY 2006/07 Civic and Promotion Fund be approved; that indirect funding in the amount of $39,200 be transferred from the FY 2006/07 Civic and Promotion Fund to various City departmental accounts, as listed in the staff report from City Manager Wilson dated July 6, 2006; and that a waiver of fees and use of City personnel and equipment be authorized in the conduct of the 2006 tournament season. Jim Gerstenslager, Little League Western Regional Director, 6797 Little League Drive, San Bernardino, CA, thanked the Mayor and Council for their support . The motion carried and Resolution No. 2006-274 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson. Nays: None. Absent: Council Members/Commissioners McGinnis, McCammack. 25. Reclassify one position of Electrical and HV AC Mechanic to Electrical and HV AC Supervisor - provide salary adjustment for position of Security Guard - Facilities Management Department Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council increase the salary for the position of Security Guard from $9.00-$10.94 to $12.00 per hour; 13 07/24/2006 That the Mayor and Common Council reclassify one (1) Electrical and HY AC Mechanic position, Range 1414, $3,500-$4,254/month to an Electrical HY AC Supervisor position, Range 2436, $3,906-$4,747/month; and That the Human Resources Department be authorized to update Resolution Nos. 6413 and 97-244. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson. Nays: None. Absent: Council Members/Commissioners McGinnis, McCammack. 26. Update Salary/Position resolutions to include positions approved in the Fiscal Year 2006/07 Budget Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Human Resources Department be authorized to update Resolution Nos. 6413 and 97-244 as indicated in the staff report dated July 18, 2006, from Linn Livingston, Human Resources Director; and that the Director of Finance be authorized to increase Account No. 001-388- 5XXX (Salary/Benefits) by $55,000 in the Parks & Recreation Department and increase the revenue Account No. 001-000-4670 to correspond to the EDA reimbursement. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson. Nays: None. Absent: Council Members/Commissioners McGinnis, McCammack. 27. RES. 2006-259 - Resolution of the City of San Bernardino authorizing and directing the execution of various Default Assessment Agreements relative to the proposed Assessment District No. 1022 (San Bernardino International Airport/Alliance-California Landscape and Lighting Maintenance Assessment District.) (See related Agenda Item No. 28) Note: Agenda Item Nos. 27 and 28 were discussed simultaneously; therefore, please see Item No. 28 for any discussion. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2006-259 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14 07/24/2006 28. Public hearing - resolution ordering work - San Bernardino International Airport/ Alliance-California Area Landscape and Lighting Maintenance Assessment District No. 1022, Zone 1, 2 and 3 (Continued from July 10, 2006) (See related Agenda Item No. 27) RES. 2006-260 - Resolution of the City of San Bernardino fmding 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 San Bernardino International Airport/Alliance-California area, generally north of Central Avenue, east of Lena Road and south of 3'd Street, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1022, Zone 1, Zone 2, and Zone 3, ordering the work, confIrming the 2006-2007 assessment roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. The hearing remained open. Valerie Ross, Director of Development Services, advised that staff had been working on establishing this lighting and landscape maintenance district for quite some time at the San Bernardino International Trade Center-Alliance California. She stated that the district would include the major streets in the non-airport portions of the area off of Timber Creek, and that the Engineer's Report, which was included in the backup materials, determined which properties would benefit from the assessment district and the extent of their benefits. Ms. Ross stated that Agenda Item No. 27 was a resolution authorizing and directing the execution of various default agreements relative to the proposed assessment district. She explained that if you drive out to the area you will notice that there is landscaping wherever there are developed properties, as well as along the parkways and medians, especially on Tippecanoe. She stated that that landscaping is currently maintained by the City, the Inland Valley Development Agency, and some of the private properties that are adjacent such as Mattei and Pep Boys. Ms. Ross advised that these adjacent businesses, and the businesses now under construction such as Stater Bros. and Matich, have indicated that they would like to continue to coordinate the private and the public assessment areas so there is continuity in both how it is maintained and how the landscaping looks. Therefore, the reason for their request to enter into the default agreements. She explained that these businesses would still pay the annual assessment, which the City will collect for common areas such as the median itself, but they will take care of the parkway areas that are immediately adjacent to their projects. She 15 07/24/2006 stated that the parties to the default agreements include Hillwood, Stater Bros., Matich Corporation, KoW's, and the Inland Valley Development Agency. Ms. Ross advised that staff was recommending that the Mayor and Council adopt the resolution to approve the default agreements and adopt the resolution to establish the landscape and lighting maintenance district. No public comments were received. City Clerk Clark and Special Counsel Sabo tabulated the ballots which had been received. Ms. Clark announced that there were 423.73 ballots in favor and 5.31 ballots against. Council Member/Commissioner Estrada 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. 2006-260 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29. Authorize the Finance Director to amend the FY 2006/07 adopted budget and transfer $180,000 from Account No. 001-092-5502 (General Government) to various Parks & Recreation and Code Compliance accounts for programs related to the "Safe Summer for Youth Initiative." Council Member/Commissioner Johnson stated he would abstain on this item because he serves on the Board of the Boys and Girls Club, which would benefit from this action, if approved. He 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 the Director of Finance be authorized to amend the FY 2006/07 adopted budget and transfer $180,000 from General Government Account No. 001-092-5502 to various Parks & Recreation and Code Compliance accounts as outlined in the staff report dated July 14, 2006, from Lemuel Randolph, Director of Parks, Recreation and Community Services for programs related to the "Safe Summer for Youth Initiative". The motion carried by the following vote: Ayes: Commissioners Estrada, Baxter, Derry, Kelley. Nays: Council Member/Commissioner Johnson. Absent: Commissioners McGinnis, McCammack. Council Members/ None. Abstentions: Council Members/ 16 07/24/2006 30. Joint Mayor and Common Council/Planning Commission workshop - review Measure I projects and project development process - Economic Development Agency Boardroom Planning Commissioners Present: John Coute, Kenneth DUff, Larry Heasley, Susan Longville, A. Jay Munoz, Michael Sauerbrun. Note: No backup materials were distributed. Darren Kettle, Director of Freeway Construction with the San Bernardino Association of Governments (SANBAG), presented information on the scope of the various Measure I projects, including design information, cost estimates, and timelines. Council Member/Commissioner McCarnmack left the room during discussions related to the 1-215 Freeway, as she owns property within 500 feet of the project. No action was taken on this matter. 31. . Capital Improvement Program (CIP) workshop - review 5- Y ear Capital Improvement Program - Fiscal Years 2006/07-2010/11 - Economic Development Agency Boardroom City Attorney Penman announced that Council Members could have possible conflicts relative to even discussing matters where they may have property within 500 feet of the developments being discussed. He advised the Mayor and Council to be careful not to discuss amongst themselves what projects they thought were good or bad-that the key was not to come to any consensus today. He stated that if any specific projects were mentioned, the Council members would be on their own to excuse themselves from the discussion. Valerie Ross, Director of Development Services, advised that the CIP is a year- long process that staff goes through involving not only public works staff but other departments such as Finance, Facilities Management, and Parks and Recreation. Mark Lancaster, City Engineer/Deputy Director of Development Services, provided an overview of the $41 million 2006/07 CIP. He noted that the CIP is basically divided as follows: 72 percent for streets and street lighting; 9 percent for sewers; 8 percent for parks and recreation; 6 percent for general buildings; 3 percent for traffic controls; and 2 percent for storm drains. Mr. Lancaster reviewed each section of the CIP, providing additional information on specific projects. 17 07/24/2006 No action was taken on this matter. 32. Council workshop - discuss formation of a new San Bernardino community center and park - Economic Development Agency Boardroom Council Member/Commissioner Kelley stated that he had placed this item on the agenda since the Council would already be discussing the CIP and he thought the issue was vital and should be included. He pointed out that the Council had taken action earlier on the Bice property (Agenda Item No. R37), and it was important to begin dialogue on the concept and funding of a new park and community center since the City has the land. He stated that he envisioned doing something similar to what they are doing in north Fontana, and it was important for his colleagues to understand the needs of the area. He noted that development fees in the amount of $5 million will be collected on this project, and requested a commitment to move forward and at least build a community center that would serve the entire city. Lemuel Randoph, Director of Parks, Recreation and Community Services, advised that staff does not know at this time what they are going to be building in that area; however, they will be asking the community for input as to what they envision for the area. Council Member/Commissioner Johnson pointed out that if the Council was going to do this they have to change their mindset and budget for the maintenance costs as well as the project itself, noting that budgets have been shrinking, particularly with regard to libraries, park and recreation facilities, etc. Mayor/Chairman Morris advised that staff is looking to develop a Park Master Plan, and for the first time since 1962 the City will have a template to follow for the development of parks and park facilities. No action was taken on this matter. R33. Hearing - resolution of public interest and necessity for acquisition of real property - 746 West SU' Street RES. CDC/2006-28 - Resolution of the Community Development Commission of the City of San Bernardino declaring the Public Interest and Necessity of Acquisition of Real Property by the Redevelopment Agency of the City of San Bernardino for community redevelopment purposes over the property located at 746 West SU' Street, San Bernardino, California (APN: 0134-054-07, 08 and 09) in the Central City North Redevelopment Project Area. 18 07/24/2006 Mayor/Chairman Morris opened the hearing. Maggie Pacheco, Executive Director, Economic Development Agency, advised that this particular item deals with property acquisition for the downtown mixed- use project between 4th and 5th Streets and "G" and "H" Streets. She stated that the subject property, which is owned by the Salvation Army, was located at 746 West 5th Street, and this was a hearing to afford the owner an opportunity to speak. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Major Fritz, Salvation Army, stated that the Salvation Army was not opposed to the redevelopment; however, they were opposed to adoption of the proposed resolution regarding 746 West 5th Street on the following grounds: According to Major Fritz, the City of San Bernardino failed to comply with the requirements of Government Code Section 7267.2. Also, the offer is not a good faith offer and fails to comply With the requirements of Section 824 of the California Evidence Code. He stated that the property sought to be acquired is a nonprofit special use property as defined in Section 1235.155 of the California Code of Civil Procedures, and as noted in the legislative commentary to Section 1265, "There may be no relevant market for some types of special purpose property such as schools, churches, cemeteries, parks, utilities, and similar properties. " He stated that the Salvation Army property currently under discussion is a church-and that is its first, primary, and only function. Major Fritz stated that Section 824B of the Evidence Code provides that "a witness providing opinion testimony on the value of nonprofit, special use property as defmed by Section 1235.155 of the Code of Civil Procedures, for which there is not relevant compatible market, shall be based on his or her opinion on the value of reproducing of the improvements without taking into consideration any depreciation or obsolescence of the improvements." He stated that the City appraiser values the replacement cost of the building at $111.46 per square foot, or $2,059,000; and the value by the appraiser was $313,000. This brings the valuation of land plus building up to $2,372,000; however, the City appraiser improperly deducted $1,235,000 for depreciation to the building and provided a cost approach appraisal of $1,170,000. A subsequent updated appraisal estimated the value of the property at $1,340,000. 19 07/24/2006 According to Major Fritz, since the City appraisers ignored the requirements of Evidence Code Section 824 and deducted over $1 million from the replacement cost of the property, the offer was not made in good faith. He stated that they would submit that the City is required to make an offer based upon the appraisal "without taking into consideration any depreciation or obsolescence of the property" as per Evidence Code 824. Only after negotiations based on an appraisal will the City be able to make a fmding in good faith concerning the necessity for the use of the eminent domain power. Major Fritz advised that the Salvation Army has contracted with Walgren and Associates from Orange County, who are currently on vacation, and will be returning at the beginning of the month. They had said that it would take between six and eight weeks to do a proper evaluation on the property, so he was asking at this time that this resolution of necessity be postponed until the Salvation Army has an opportunity to have a proper appraisal done as per the state statutes. He reminded the Mayor and Council that for their hospitality house, which is only one-third of this property and 'one-third of the building on Kingman Street, they received over $3 million from Caltrans under the same statutes that he was currently talking about. He noted that there was a very defmite inequality here between what Caltrans, following the same statute, and what the City, not following the statute, had offered the Salvation Army. He reiterated that the Salvation Army is not opposed to moving-all they want is to be treated fairly under the state law. Mayor/Chairman Morris assured Mr. Fritz that they would be treated fairly. He added that the quotes just given to the Council from the Evidence Code refer to evidence at trial, not in these negotiations. Mayor/Chairman Morris stated that the Economic Development Agency has an appraisal, and the Salvation Army is entitled to, and is actually in the process of achieving, an appraisal of their own. However, the question before the Commission today is not the ultimate question of value-it is necessity to move ahead with their program. Special Counsel Sabo stated that part of this is a process that the Agency will be going through-that they need to start the process and they would be hopeful that during the next few weeks before they actually file the action that there will be some negotiations and they can accommodate the Salvation Army in a mutually satisfactory way. He stated that this is something that will have to be worked out through the process-whether through negotiations or through the court process. Major Fritz stated that the Salvation Army is not desirous of going to court, but they have resolved to do so. 20 07/24/2006 Deanna Adams, 1156 North "F" Street, San Bernardino, CA, stated that she opposes all eminent domain because it assaults everything and anything about being American. She expounded on the fact that America was founded on an idea in the mind and in the heart-a self evident truth. She stated that the Declaration of Independence is simply a declaration that all men are created equal and all men and women have the right to claim these principles. She stated that eminent domain is evil-taking private property for private gain is an assault. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the hearing be closed; and that said resolution be adopted. (Note: The vote was taken following additional discussion.) Council Member/Commissioner Derry stated that he has had some concerns with this project, and he would like to give the Salvation Army a little more time to see what the property is worth-he didn't think it was that big a hurry on this building, but this particular parcel could create some problems in the future, so he thought the Council should be patient. He added that if the motion had been made, he would vote no; but he would hope it could be continued. Council Member/Commissioner McCanunack stated that she was concerned that by approving this action today, the Salvation Army could be put into the precarious position of not only having to possibly pay double for an appraisal, because it has to be hurried, but they may also have to hire an attorney-that if someone told her that this body had given the Economic Development Agency Executive Director and her attorney the approval to go ahead and fIle an eminent domain action, she would be hiring an attorney real fast. She pointed out that this could have an adverse effect on a nonprofit agency such as the Salvation Army by adding additional costs to their bottom line, thereby affecting the services they provide for the community. She inquired whether her colleague would accept an amendment to her motion that the Commission not move forward on this until at least the first meeting in August, thereby giving them a little bit more time. Council Member/Commissioner Estrada answered in the negative. The motion made by Council Member/Commissioner Estrada, seconded by Council Member/Commissioner McGinnis, carried and Resolution No. CDC/2006-28 was adopted by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Kelley, Johnson. Nays: Council Members/Commissioners Derry, McCanunack. Absent: None. 21 07/24/2006 R34. Hearing - resolution of public interest and necessity for acquisition of real property - 723-739 West Sth Street RES. CDC/2006-29 - Resolution of the Community Development Commission of the City of San Bernardino declaring the Public Interest and Necessity of Acquisition of Real Property by the Redevelopment Agency of the City of San Bernardino for community redevelopment purposes over the property located at 723-739 West Sth Street, San Bernardino, California (APN: 0134-093-07) in the Central City North Redevelopment Project Area. Mayor/Chairman Morris opened the hearing. Pursuant to Resolution 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Lewis E. Goebel, 110 West "A" Street, Ste. 600, San Diego, CA, appearing on behalf of Mr. Ammons, stated that he wanted to make an objection to this resolution of necessity. He stated that they had done that by paper, and they asked that that be entered into the record. He stated that there are eight issues that they brought up, much like the previous speaker. He stated that these eight issues would probably take the remainder of the night to consider, so they will stand on the paper that-they already filed and put into evidence. He stated that Mr. Ammons has been doing business on 5th Street for 24 years and before that in other parts of the city. He added that it is a real burden on Mr. Ammons to have to make this move at this time, and it would be difficult to match what he has at this location on 5th Street. He stated it would be their goal as they go along, in addition to working with the Redevelopment Agency, to make sure that when it is all [mished Mr. Ammons will have as good a position as he has had over the past 24 years at this particular location. Mayor/Chairman Morris stated that the Agency fully intends to be fair with Mr. Ammons-that he is a longtime businessman in the community and the Council/Commission respects him and his property rights-that this is just a resolution of necessity that starts the process. He conceded, however, that the two parties are a long way apart in terms of their respective evaluations of the property, but they will keep discussing it as it moves forward. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the hearing be closed; and that saidhresolution be adopted. 22 07/24/2006 Council Member/Commissioner McCammack stated that she did not believe that this particular project area could be bought up with the money the Agency is using, which is the low- to moderate-income housing money, only to have it turned over to a developer who will build mixed-use (although if the housing is low- to moderate-income, the housing would be legal, but she did not believe it would be legal to build any commercial entities). She stated that she did not believe that the Agency should be burdening the taxpayers with $10 million per square block of debt-that this was not a smart way to spend our money. Council Member/Commissioner Kelley asked Special Counsel Sabo whether the action the Commission was being asked to take tonight was a legal action. Mr. Sabo answered in the affirmative, stating that based upon the staff report they have analyzed the issues presented by the property owner's attorney and they have their summary in there and, yes, they believe it is a legal action being taken by the Commission. The motion made by Council Member/Commissioner Estrada, seconded by Council Member/Commissioner McGinnis, carried and Resolution No. CDC/2006-29 was adopted by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCammack. Absent: None. R35. Hearing - resolution of public interest and necessity for acquisition of real property - 696 West Sib Street RES. CDC/2006-30 - Resolution of the Community Development Commission of the City of San Bernardino declaring the Public Interest and Necessity of Acquisition of Real Property by the Redevelopment Agency of the City of San Bernardino for community redevelopment purposes over the property located at 696 West Sib Street, San Bernardino, California (APN: 0134-061-21, 22, 2S and 30) in the Central City North Redevelopment Project Area. Mayor/Chairman Morris opened the hearing. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Brnce Ko, property owner of 696 West 5th Street, San Bernardino, CA, distributed copies of a letter dated July 15, 2006, that he sent to Maggie Pacheco, Executive Director of the Economic Development Agency, with copies also mailed to the Mayor and Common Council. 23 07/24/2006 He stated that in his letter he indicated that they welcomed this redevelopment- that the downtown redevelopment is needed. He stated that they have been in San Bernardino since 1980, so they have spent more than a quarter of a century in this part of town and they want to participate in the redevelopment. He stated that back in February 2005 when they received the first contact from EDA indicating that their property was part of this redevelopment plan, they were happy; however, they expressed in their statement of interest that they wanted to participate. In fact, in that statement they stated, "We are very interested to join the redevelopment efforts. Please provide more specific plan information so we can maximize our efforts together. Please include us in all of your communications and meetings." However, since that statement was sent to the Agency, they have heard nothing back from the EDA. Mr. Ko stated that it was not until July 12, 2006, that they received a copy of one page of a conceptual plan from the Agency's legal representative, which shows their property, which is on the northeast corner of 5th and "G" Streets. He stated that since March 2005 they have repeatedly requested to be able to participate, yet all their requests were unanswered. Then 12 days before today's hearing they were only given one page of a conceptual plan. He stated that he was requesting that the proposed resolution of necessity be either postponed or removed permanently, citing the following reasons for this request, as outlined in his letter: 1) They were invited to participate; however, they were never contacted while the conceptual plan was being developed. He questioned whether they were really invited to participate or whether this was merely paperwork that was sent to them that satisfies the law. 2) Their property, a restaurant site, is consistent with the City's current land use. 3) If the Agency does not acquire their property it will not be detrimental to the redevelopment plan, because unlike other parcels within the project area, their property is not physically connected to the rest of the project. 4) Acquisition of their property is not really necessary, as they are very interested in participating and are assembling a team to work cooperatively with the Agency. Mr. Ko advised that they have a lot at stake-that they have other property downtown, so it is in their best interest for the downtown to be successful. Therefore, they will work extra hard to try to redevelop their property. He stated that he did not really see a need for the Agency to acquire their property by eminent domain, because they are willing to go the extra mile to make their property part of a successful downtown area. 24 07/2412006 Amy Ko, 696 West 5th Street, San Bernardino, CA, mother of Bruce Ko, spoke regarding their long history of owning property in the downtown area, how hard it was to maintain their business downtown due to the surrounding area, and reiterated the comments made by her son relative to their desire and intent to redevelopment their property as part of the entire redevelopment project. Ms. Pacheco advised that the property at 696 West 5th Street has been abandoned for more than ten years and is an eyesore to the Central City Redevelopment Project Area; and in 2003 the Community Development Commission reinstituted the power of eminent domain in an effort to revitalize the downtown area. She stated that up until recently the owner had expressed an interest in owner participation rights; however, staff was recommending that the Commission proceed with the adoption of the resolution of necessity with the understanding that staff will continue to have dialogue and discussions with the property owner. She added that it was her understanding that staff was scheduled to meet with the property owner the next morning and they could begin having those discussions, as adoption of the resolution does not preclude owner participation discussions. Council Member/Commissioner McCammack stated that she was ashamed for our City and for the Ko's, who had to watch their business close down because the City didn't enforce its own codes and didn't help them get the crime off those streets. She stated that she was ashamed that the City couldn't have worked with this family long before to help them reestablish their restaurant and inject some additional money into it, yet at the II th hour we are telling them that we are going to condemn their property. Council Member/Commissioner Estrada stated that she has known the Ko's for many years, but she was not going to sit up on the dais and contribute to any future [mancial demands made on the City. She stated that she didn't recall Ms. McCammack or anyone else being out there saying, "You can't come into San Bernardino-we don't want you here-we don't want gang members-we don't want all this trouble coming to our community", but now we can all stand up and say how ashamed we are of what this City hasn't done. She stated that she was sorry, but she wouldn't do that because she's been on this Council long enough to know and to admit to what they have tried to do with the City and what they are continuing to do for the City against all the odds. Ms. Estrada stated that she was not going to have anyone blame her or other previous members of this Council for not doing things that they had no control over. She stated that they did not have control over all those people coming from Los Angeles County into this area, and that's one of the things that happened. They did not have control over Santa Fe picking up and moving out, and they had no control over the federal government closing Norton and 25 07/24/2006 affecting this community the way it did. She stated that the City of San Bernardino did not have any control over those problems, and she refused to apologize for what the City of San Bernardino hasn't done-it's what they have tried to do that counts for this community. She stated that she was still convinced that the Ko' s would have an opportunity to participate at the level they want to participate, and that is what the Council and staff are going to try to do. She stated that she was told by Ms. Pacheco that that is what they would do, and she was trusting that they would do that. She stated that she was not trying to do anything against the Ko's personally- that she was trying to do something here that was equitable for everyone. Council Member/Commissioner Kelley stated that he understood what the Agency/City was trying to do, and he certainly knew that we needed to do something. He asked Agency staff to tell him, based on the map that was shown to the Commission, how this piece of property fits into the overall puzzle of the entire project. Special Counsel Sabo stated that the concern, when the map was prepared, was to be able to control the four corners, and when you have an abandoned building on one of the corners-even though it is not contiguous, it is across the street- the concerns were that we had two, maybe three, of the corners, but you need to control all four corners. He stated that of all the properties that the Agency is looking to acquire, he thought that this property was probably the one that is the most easily severable and could be separated into a separate owner participation agreement. Mr. Sabo advised that within the last several weeks the Ko's have retained an experienced attorney who understands redevelopment law and a planner who also does these redevelopment projects. Therefore, as long as there is a valid interest to proceed diligently in working with staff on some of the issues that Ms. Pacheco addressed, such as showing staff a plan that is going to be acceptable and determining that they are going to have the financial wherewithal to proceed and to come forward with an owner participation agreement, the process should move forward. He stated that the Agency was certainly not going to me the action as long as they have good faith and negotiations proceeding. He stated that he thought he and Ms. Pacheco both shared the same view-they would not want to forego this action today, rely upon meeting tomorrow, and then not be able to go anywhere. He stated that taking this action puts the pressure on everyone to continue to move forward in good faith, and he would hope that within the next several months they would be coming back to the Commission with an owner participation agreement, or at least be able to report that they had made some diligent efforts to achieve one and provide the Commission with the results of those efforts. 26 07/2412006 Council Member/Commissioner Estrada 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. CDC/2006-30 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCammack. Absent: None. R36. Public hearing - HUD Section 108 Loan Guarantee Contract and related documents - North Arden Guthrie Commercial Redevelopment Project (lVDA Redevelopment Project Area) RES. 2006-271 - Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the Mayor to execute the contract and related documents for the Loan Guarantee Assistance under Section 108 of the Housing and Community Development Act of 1974, as amended, 42 USC Section 5308 (CDBG Section 108 Contract No. B-03-MC- 06-0539) - North Arden Guthrie Commercial Development Project (lVDA Redevelopment Project Area). (R36A) RES. 2006-272 - Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the Mayor to execute the 2006 Redevelopment Cooperation Loan Agreement by and between the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino ("Agency") - North Arden Guthrie Commercial Development Project (lVDA Redevelopment Project Area). (R36B) RES. CDC/2006-31 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the 2006 Redevelopment Cooperation Loan Agreement by and between the Agency and the City of San Bernardino - North Arden Guthrie Commercial Development Project (lVDA Redevelopment Project Area). (R36C) Mayor/Chairman Morris opened the hearing. Maggie Pacheco, Executive Director, Economic Development Agency, stated that this Section 108 loan had been discussed with the Commission for quite some time; in fact, three years ago they talked about using the City's annual CDBG Program to fund a 108 loan for the purpose of assisting the Agency in the acquisition program for Arden-Guthrie. She stated that she thought the staff report detailed all the salient points of the loan transactions between BUD, the 27 07/24/2006 City, and the Agency. In addition, the diagrams that were attached to the staff report would give the Council/Commission very specific illustrations of how the monies will flow from HUD to the City, from the City to the Agency, and what the proceeds will be used for-and that is principally for the acquisition of the remainder of the parcels in Arden-Guthrie. She noted that the City/Agency has a tremendous investment in the Arden- Guthrie area because we own a majority of the parcels, and the acquisition proceeds will allow us to buy the remaining parcels in the area and also present an opportunity for development of the site. She stated that the City, collectively with the Agency, has been working on this for more than 20 years, so this presents an opportunity for us to clean up some of the problems we have in Arden-Guthrie. There were no public comments. Council Member/Commissioner Estrada inquired whether any low/mod money had been used over the 20-year period that the City/Agency has been working on this project, whether any of the properties had been acquired by using eminent domain, and whether the ultimate plan is to do a private development. Ms. Pacheco answered each question in the affirmative. Council Member/Commissioner Estrada stated that the point she wanted to make was that on this Council, when voting on a matter, it is not a question as to whether a project is in the First Ward, Second Ward, or Seventh Ward-that what is important is the overall impact to the community. She noted that Arden- Guthrie has been a major bone of contention with this community for many, many years and has cost the City enormously in resources, police time, etc. However, it is because of their commitment to resolve the problems that have been plaguing this area for many years, that former mayors and former Council members have committed the $10 million and used any resources they had toward those efforts; and it is no different than the project downtown in terms of trying to clean up the existing blight. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolutions A-C, be adopted. The motion carried and Mayor and Common Council Resolution Nos. 2006-271 and 2006-272 and Community Development Commission Resolution No. CDC/2oo6-31 were adopted by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: Council Member/Commissioner McGinnis. 28 07/24/2006 City Attorney Pemnan advised that in 1991 the City Attorney's office, Police Department, Fire Department, and Code Enforcement cleaned out Arden- Guthrie entirely. He stated that over 800 people were moved out of the County and the area was virtually vacant, and the decision had been made that the City was going to go in and buy those properties. Instead, the mayor and the Council at that time, in an ill-advised move, decided to put $3 million back into Arden-Guthrie to loan it to the owners to rehab their properties. Unfortunately, the owners brought back the same types of people-drug dealers and gang bangers-and the City had to clean it out again in 1993. He advised that the original plan was to clean out the area and buy the properties, and had the City done that initially-those properties were running around $70,000-80,000 a fourplex, compared to the $200,000 that has to be paid today-it would be a very different situation today. He stated that people need to remember that the actual history of Arden Guthrie is very different from any other area in the City. It was actually cleaned up completely, totally, and all the bad guys were gone; and then what happened happened. R37. Public hearing Disposition and Development Agreement by and between the Agency and Century Crowell Communities, LP (Agency property located north of Little League Drive, east of 1-215 Freeway). (Continued from June 19, 2006) RES. 2006-273 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2006 Disposition and Development Agreement ("DDA") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and Century Crowell Communities, LP, a California Limited Partnership ("Developer") related to approximately 79 acres of Agency property located north of Little League Drive, east of 1-215 Freeway ("Property"). (R37A) RES. CDC/2006-32 - Resolution of the Community Development Commission of the City of San Bernardino (1) approving the 2006 Disposition and Development Agreement ("DDA") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and Century Crowell Communities, LP, a California Limited Partnership ("Developer") and authorizing the Executive Director of the Agency to execute said DDA relating to the sale and development of Agency property located north of Little League Drive, east of 1-215 Freeway - approximately 79 acres in the City of San Bernardino ("Property") and (2) making certain fmdings thereto related to the development of the Property and adopting a Mitigated Negative Declaration related to said DDA. (Resolution not available at time of printing.) (R36B) The hearing remained open. 29 07/24/2006 Submitted into the record was an inter-office memorandum dated July 24, 2006, from Henry Empeiio, Jr., Senior Deputy City Attorney, to the Mayor and Common Council regarding Agenda Item No. R37. Maggie Pacheco, Executive Director, Economic Development Agency, advised that salient points of the memorandum of understanding had been identified in the staff report, and staff has also identified the key points with regard to the DDA. She stated that the business points of the transaction remain pretty much the same, with the exception of a few changes that have transpired since the MOV was approved in 2004. She stated that one of the most significant changes had to do with the size of the project-that the project had started off being approximately 100 acres, and had now been reduced to 79 acres. She explained that the reduction in the acreage was to accommodate a request of the City and the desire of Council Member Kelley to look at development of a community park. She noted that the Agency and the City already own this property, they have already expended the resources to acquire the site, and it presents an opportunity to develop this community park. Therefore, staff went back to Century and asked them to consider decreasing the size of their project to 79 acres to accommodate our community park vision. She stated that she believed the other change had to do with the land use as a result of the reduction in acreage. She pointed out that the General Plan calls for the site to be 10,800 square foot lots, minimum; however, if they were going to eliminate 20-30 acres for a community park, they needed to look at the economic feasibility of the residential component and look at the land use. She stated that this was the reason there will have to be consideration of a General Plan Amendment in the future-not by this body, but by the City Council-but that is part of the DDA. In addition, since the authoring of the staff report, staff had a request by Mr. Penman to ensure that they add some indemnification language relative to the settlement agreement that was entered into back in 1989. Council Member/Commissioner Kelley 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 Council Resolution No. 2006-273 and Community Development Commission Resolution No. CDC/2006-32 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson. Nays: None. Absent: Council Members/Commissioners McGinnis, McCammack. 30 07/24/2006 38. Public Comments Manuel Armendarez, 3615 Orchid Drive, Highland, CA, began by thanking Mayor Morris, stating that his nephew has been going to Teen Challenge for three years and is now an assistant pastor in Whittier; and none of this would have happened had it not been for then Judge Morris. He announced that he has started a scholarship-the San-High Youth Sports Scholarship-and this is to help those youth who want to be involved in local sports activities, but their families cannot afford to put them into a program. He stated that people who want to contribute to the scholarship could contact him at (909) 863-1467 or (909) 213-2950, or bye-mail atmannie939@aol.com. Paul Sanborn, 3559 Genevieve, San Bernardino, CA, requested the removal of all signs that are attached to telephone poles throughout the city; stated that he would like to see the Phoenix Program started four blocks around every school in the city; and stated that 70 percent of the street lights in the city do not work properly. Relative to the article in the newspaper that stated the City wanted to sell the property at 7'" Street and Seccombe Lake to a developer, he suggested that the City abandon the street between 7m and Waterman, take that land and make it part of the cemetery, and he has a buyer on-board for the City. He stated that any ballot measure relative to additional sales tax is not going to pass; however, the City has had a windfall in its utility tax for the last two months, and this money could be spent on new officers. He also suggested eliminating overtime for police and fire and using that money to hire new police and fire personnel. In addition, there is also money that the City should collect from the agreements the City had with those organizations operating the fireworks stands in the city. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the hazards of radiation and the impact of state organized crime on the war on drugs. 31 07/24/2006 39. Adjournment At 8:06 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, August 7,2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHELG. CLARK City Clerk By: iLk t? 4tf- Linda E. Hartzel Deputy City Clerk No. of Items: 39 No. of Hours: 6.5 32 07/24/2006