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HomeMy WebLinkAbout07-10-2006 MinutesCITY OF SAN BERNARDINO 300N. `D " Street San Bernardino, CA 92418 Website: www.sbcity.org MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JULY 10, 2006 COUNCIL CHAMBERS Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Gordon McGinnis Neil Derry Chas Kelley Rikke Van Johnson Wendy McCammack The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:32 p.m., Monday, July 10, 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 Baxter, McGinnis, Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Members/Commissioners Estrada, Kelley. Council Member/Commissioner Kelley 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 - existing litigation - pursuant to Government Code Section 54956.9(a): 1 07/10/2006 Tom Gronewald, et al v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 114589; et al. v. Valerie Pope -Ludlam, et al. - San Bernardino Superior Court Case No. SCVSS 108965; Dion and Tina Graham v. City of San Bernardino, et al. - 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 07/10/2006 2. 3. 5. :1 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 Property Address: 723-739 West 5`" 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 Property Address: 770 West 5' 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 Property Address: 746 West 5' 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 Property Address: 696 West 5' 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 Property Address: 755 West 5' 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 5' 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 2nd 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 07/10/2006 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 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); Enrique 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 Negotiation: Purchase price, terms, and conditions City Attorney Penman announced that the following case would be discussed in closed session under Agenda Item No. 1A, Existing Litigation: Michael Desrochers v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 139150. Under Agenda Item No. 1B, 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, McCammack. 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 (SBETA), 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 Schnetz to the Civil Service Board, as requested by Mayor Morris, be approved. 07/10/2006 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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 Award 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 07/10/2006 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: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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 6t° 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 McCammack 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 10/Tippecanoe Interchange project. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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 McCammack 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. McCammack 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 07/10/2006 Add one (1) Administrative Clerk II position, Range 1313 ($2,115-$2,571 per month); Add two (2) Code Enforcement Officer H 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 McCammack. 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, 2°" 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), 16* 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 07/10/2006 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 financial 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 13 07/10/2006 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. 165094 (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 McCammack 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 07/10/2006 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 Penman, 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, McCammack. 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 McCammack 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, McCammack. 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 McCammack voiced her concerns regarding buying from local vendors and added that the City is desperately trying to pay for public safety. Council Member/Commissioner McCammack 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, McCammack. 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 McCammack 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 McCammack 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 McCammack 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 McCammack 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, McCammack. Nays: None. Absent: None. 17 07/10/2006 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 Staffing 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 a motion, 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 (NIMRS) 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 finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in 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: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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 Common 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 added 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 final 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: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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. 51° 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. 5' 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. CDC/2006-26 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: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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 -1, 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 staff's 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 fagade 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. 44' 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, 99¢ 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. Leman 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 landromats 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 1 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 07/10/2006 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. 9' 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 Devote 11, 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. No. of Items: 50 No. of Hours: 5.5 RACHEL G. CLARK City Clerk Linda Sutherland Deputy City Clerk 29 07/10/2006