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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 POlrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Vacant Neil Derry Chos Kelley RUcke Van Johnson Wendy McCamrrwck MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 2, 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 1:41 p.m., Monday, October 2, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by Assistant to the City Clerk Medina with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Baxter, Kelley, Johnson, McCammack; City Attorney Penman, Assistant to the City Clerk Medina, City Manager Wilson. Absent: Council Members/Commissioners Estrada, Derry. Vacant: Third Ward. Council Member/Commissioner Estrada Arrived At 2:20 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): 1 10/02/2006 RDA v. Alvarez, et al. - United States District Court Case No. EDCV 02-142 RT (SGLx) and San Bernardino Superior Court Case No. SCVSS 86091 ; Santos v. St. Bernardine's - San Bernardino Superior Court Case No. SCVSS 128824; Center for Biological Diversity (Petitioner) v. City, et al. - San Bernardino Superior Court Case No. SCVSS 132463; California Bio-Mass, A California Corporation, et al. v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 83473; James Kemp v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 130936. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Govermnent Code Section 54956.9: Stewan Cumming v. Nonhwest Project Area Committee and the Redevelopment Agency Claim filed by City of Riverside/Gage Canal Company C. Conference with legal counsel - anticipated litigation - Initiation of litigation - pursuant to subdivision (c) of Govermnent Code Section 54956.9: City of San Bernardino and the Redevelopment Agency of the City of San Bernardino v. Upham Development Company, EI Cone Ingles, S.A. Company, The Harris Company, and LNR San Bernardino, LLC D. Closed Session - personnel - pursuant to Govermnent 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 Govermnent Code Section 54957. F. Conference with labor negotiator - pursuant to Govermnent Code Section 54957.6: Negotiator: Linn Livingston, Human Resources Director 2 10/02/2006 Employee Or~anizations: Police Management Fire Management General Bargaining Unit Mid-Management Unit Management Confidential Unit G. Conference with real property negotiator - pursuant to Govermnent Code Section 54956.8: Uptown Redevelopment Project Area (La Placita Project) 1. Property: Vacant Land APN: 0138-301-08 Ne~otiatin~ Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, and Alice E. Spar, et aI., property owner(s) Under Ne~otiation: Purchase price, terms and conditions 2. Property Address: 795 West 5th Street, San Bernardino APN: 0134-093-41 Ne~otiatin~ 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 Ne~otiation: Purchase price, terms, and conditions 3. Property Address: 696 West 5th Street, San Bernardino APN: 0134-061-21, 22, 25 and 30 Ne~otiatin~ Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Bruce C. Ko, Christopher C. Ko and Henry C. Ko, property owners/ sellers Under Ne~otiation: Purchase price, terms, and conditions 4. Property Address: 673 West 5th Street, San Bernardino APN: 0134-101-02 and 03 3 10/02/2006 Nej1;otiatinj1; Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and San Bernardino School Property and Gerardo Garcia, property owners/sellers Under Nej1;otiation: Purchase price, terms, and conditions Central City North Redevelopment Project Area (Old Towne) 5. Property Address: 631 North "G" Street, San Bernardino APN 0134-021-29 Nej1;otiatinj1; Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Willie and Jerry Wagoner and Rose Harris, et aI., property owners/sellers Under Nej1;otiation: Purchase price, terms, and conditions City Attorney Penman announced that the following additional case would be discussed in closed session: Arlene Still v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 132003. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Reverend David Randolph, Chaplain at San Bernardino Community Hospital, followed by the pledge of allegiance, led by Emily Martinez, a student at Ramona-Alessandro Elementary School. 2. Appointments · Frank M. Guzman - Community Television Commission - Council Member McCammack · Council Member Estrada - Personnel Committee - Mayor Morris Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the appointments of Frank Guzman to the Community Television Commission, as requested by Council Member McCammack; and Council Member Estrada to the Personnel Committee, as requested by Mayor Morris, be approved. 4 10/02/2006 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 3. Presentations & Proclamations Mayor Morris presented a Certificate of Recognition to Donna Tuttle, owner of the Inland Empire 66ers, in honor of the team winning its 5"' California League Championship. Mayor Morris presented a Certificate of Commendation to Lindy Torbett, volunteer manager of the San Bernardino Community Gardens for the past 29 years, for his outstanding support and dedication. Mayor Morris presented a proclamation designating the week of October 8-14, 2006, as Fire Prevention Week to Deputy Fire Chief Michael Conrad and Fire Marshal Doug Dupree. Becky Estrella introduced herself to the Mayor and Common Council as the new Public Affairs Manager for the Southern California Gas Company. Councilwoman Esther Estrada presented the Citizen of the Month A ward to Adrienne Schubert, Vice-President and Administrator of Mary's Mercy Center, Inc. 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. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that full reading of the resolutions and ordinances on the regular and supplemental agendas 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, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 5 10/02/2006 6. Council Minutes Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission be approved as submitted in typewritten form: August 21,2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 7. Claims & Payroll Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated September 18, 2006, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 8. Personnel Actions Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the personnel actions, as submitted by the Chief Examiner, dated September 27, 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, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 9. ORD. MC-1231 - An Ordinance of the City of San Bernardino amending Section 5.04.525(D) of the San Bernardino Municipal Code and adding Section 5.04.525(H) to the San Bernardino Municipal Code relating to Business Registration fees based on gross receipts. FINAL READING Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No. MC-123l was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCanunack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 6 10/02/2006 10. RES. 2006-347 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Hillcrest Contracting, Inc. for street improvements and beautification project on Victoria Avenue from 28th Street to Lynwood Drive - Phase I (SS05-25), per Project Plan No. 11619. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-347 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada. Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 11. RES. 2006-348 - Resolution of the Mayor and Common Council of the City of San Bernardino of intention to make application to the Local Agency Formation Commission for annexation of various county islands. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-348 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 12. RES. 2006-353 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a contract with and issuance of a purchase order to Golden Acquisition Corp. D.B.A. EFS West for the construction, start-up and commissioning of a Liquefied Natural Gas/Liquefied to Compressed Natural Gas (LNG/LCNG) fueling station at the City Yard in the City of San Bernardino per Plans and Special Provisions No. 11842. Rick Mendoza, 4210 La Palma Avenue, Anaheim, CA, Vice-President of Weaver Electric Inc., stated that he was concerned as to why they were found to be unresponsive to the quote. He stated that during the evaluation process they answered questions that they considered to be clarifications. Mr. Mendoza noted that the recommendation from staff stated that negotiations continued with Weaver Electric Inc.; however, there were no negotiations going on-they were simply clarifying staff s questions. He stated that there is no reason why the City should pay an additional $63,000 for award of this contract because Weaver Electric is highly qualified in the Alternative Fuel Solutions Industry and they were low bidder. James Penman, City Attorney, advised that the Weaver bid was found to be non- responsive by the City's consultant, Gladstein, Neandross & Associates, and was therefore rejected. He stated that Weaver Electric Inc. did not meet the minimum 7 10/02/2006 qualifications as set forth in the project specification because they did not provide a California registered mechanical engineer with five years of experience in cryogenic mechanical design in the bid package. Mr. Penman stated that Weaver was offered the opportunity to clarify this important part of their bid and was unable to show a qualified engineer as part of the proposed project team. Later, Weaver added a qualified engineering firm to the team, but this would constitute post -bid negotiations which is not permitted under Caltrans rules. He stated that the City is required to follow the California Department of Transportation's Local Assistance Procedures Manual in order to remain qualified for CMAQ funds. Mr. Mendoza stated that their interpretation of negotiation is the actual bartering and the exchange of documentation. He stated that they provided clarifications and it was his understanding that the second bidder also provided clarifications, so he was unsure why his clarifications were considered negotiations. Council Member/Commissioner McCammack asked Mr. Mendoza if they had provided the clarifications by the given time. Mr. Mendoza answered in the affirmative. He stated that they worked strictly with the City's consultant and answered all questions in a timely manner. Eric Neandross of Gladstein, Neandross & Associates (GNA) stated that the cryogenic engineering qualification was very important, and they could not find that information within the original bid submitted by Weaver Electric. He stated that in the process of asking for clarification, they asked Weaver to identify which one of their team members had the engineer that was going to stamp the drawings. Mr. Neandross stated that they were unable to find that engineer within the team that was submitted as part of the original bid and that there was another firm that was identified after the submittal of the original bid during the clarification process. He stated that it was their opinion that that would be accepting new information that was not part of the original bid. Mr. Mendoza stated that they had provided a list of engineers in the original proposal who had all the necessary qualifications. Council Member/Commissioner McCarnmack stated that the clarification that was being discussed was not clear. She stated that the consultant was suggesting that . this was new information and Mr. Mendoza was stating that this was not new information. Mr. Penman stated that his office had determined that Weaver came forward with the qualified engineer during the post-submittal period-that it was not part of the original submittal. Council Member/Commissioner McCarnmack made a motion to continue this item. The motion failed for lack of a second. 8 10/02/2006 Mayor Morris stated that this matter was reviewed by the department, the consultant, and by Mr. Penman's Office, and they all reached the same conclusion-that the bid did not meet the requirements. Council Member/Commissioner Estrada stated that it appeared to her that the actions that were taken were done after the fact in terms of trying to comply with that part of the requirement in the bid package. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council find the Weaver Electric Inc. bid non-responsive; that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2006/2007 adopted budget and appropriate $400,200 from the Refuse fund balance to Account No. 527-415- 5193-7449 and appropriate $400,200 from the Sewer fund balance to Account No. 132-431-5193-7449. In addition, the Director of Finance is authorized to increase revenue and expenditures in Account Nos. 242-000-4658 and 242-362- 5504-7449 in the amount of $91,200 for the additional CMAQ funds to be received for the project. The motion carried and Resolution No. 2006-353 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson. Nays: Council Member/Commissioner McCammack. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 13. Reject all bids and solicit new bids for the Air Conditioning Equipment & Boiler Replacement for Norton Gym Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council authorize the Purchasing Manager to reject all bids received for RFQ F-07-08 air conditioning equipment and boiler replacement for Norton Gym, and authorize the Purchasing Manager to solicit new bids. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 14. Set a workshop with State Senator Bob Dutton for November 20, 2006, at 5 p.m. in the MIC Room, 6th Floor of City Hall Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that a workshop be scheduled for Monday, November 20, 2006, at 5 p.m. in the MIC Room, 6th Floor, City Hall. 9 10/02/2006 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 15. RES. 2006-349 - Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution 2006-299 approving a certain Memorandum of Understanding in connection with the application to the State of California for the designation of an Enterprise Zone within a portion of its territorial jurisdiction. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-349 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 16. RES. 2006-350 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the execution of Amendment No. 2 of the Title III-B Contract through the County of San Bernardino Department of Aging and Adult Services (OAAS) for assisted transportation for the period July 1, 2006 through June 30,2007. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-350 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 17. RES. 2006-351 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the execution of Amendment No. 2 of the Title III-B Contract through the County of San Bernardino Department of Aging and Adult Services (OAAS) for senior outreach services for the period July 1, 2006 through June 30,2007. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-351 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 10 10/02/2006 18. RES. 2006-352 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of the Fifth Amendment to the Memorandum of Understanding (MOU) with the San Bernardino County Auto Theft Task Force (SANCATT). Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-352 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Western Pacific Signal, LLC for the purchase of signal controllers to be utilized by the Street Division. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of October 16, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to a purchase order with Matich Corporation for asphalt paving services. Note: No resolution was distributed. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of October 16, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Zumar Industries, Inc. for the purchase of traffic signs for repair, removal and replacement of damaged signs, faded signs, vandalized signs, and new installation of signs located throughout the City of San Bernardino. 11 10/02/2006 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of October 16, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 22. ORD. MC-1232 - An Ordinance of the Mayor and Common Council of the City of San Bernardino, California repealing Chapter 8.21; repealing and replacing Chapter 8.24 of the San Bernardino Municipal Code regarding garbage and rubbish and repealing and replacing Chapter 8.25 regarding scavenging of recyclable materials. FINAL READING Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No. MC-1232 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 23. ORD. MC-1234 - An Ordinance of the Mayor and Common Council of the City of San Bernardino amending Chapter 9.90 of the San Bernardino Municipal Code regarding authority to arrest - citations. FINAL READING Note: Agenda Item Nos. 23 and 24 were discussed simultaneously. See Agenda Item No. 24 for public comments. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No. MC-1234 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCarnmack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 24. ORD. MC-1235 - An Ordinance of the Mayor and Common Council of the City of San Bernardino amending Section 8.39.020 of the San Bernardino Municipal Code regarding nuisance vehicles. FINAL READING Note: Agenda Item Nos. 23 and 24 were discussed simultaneously. Council Member/Commissioner McCammack stated that it was very difficult to understand what the law is, how it will be enforced, and what the penalty will be. 12 10/02/2006 Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that he understood this ordinance to mean that if a business is not legally licensed to do business in the City of San Bernardino, then their property could be seized. He thought it might be a good idea for the City to send a letter informing its residents that they need to hire licensed gardeners, because if they are caught hauling green waste, there is a very good chance that their vehicles could be seized. Regarding Agenda Item No. 23, Mr. Lindberg stated that the City was creating "garbage cops" who would be issuing citations to citizens who do not correctly sort their recyclable items in their bins. Mr. Lindberg stated that if all the recycling centers are closed, why should the public be expected to pay for the bins only to hand over their recyclable items to the City. Council Member/Commissioner McCammack stated that she wanted to clarify for the public that if anyone is illegally dumping anything out of their vehicle, the City has the right to confiscate that vehicle. She stated that the City is not going to shut down any recycling centers-that the moratorium applied to new recycling centers only. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No. MC-1235 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 25. RES. 2006-354 - Resolution of the City of San Bernardino ratifying the submittal of a grant application and authorizing the Police Department to administer the Alcohol Beverage Control Shoulder Tap Program grant funds in accordance with the Grant Expenditure Plan. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-354 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 13 10/02/2006 26. RES. 2006-355 - Resolution of the City of San Bernardino ratifying the submittal of a grant application and authorizing the Police Department to administer the Alcohol Beverage Control Minor Decoy Program 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. 2006-355 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 27. RES. 2006-356 - Resolution of the Mayor and Common Council of the City of San Bernardino amending the Expense and Reimbursement Policy for Legislative Bodies and Ethics Training Policy for Elected and Appointed Officials. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-356 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 28. Public meeting - formation of a Landscape Maintenance Assessment District in the Ohio Avenue and Pine Avenue Area (fract No. 16547 - AD 1047) Mayor/Chairman Morris opened the public meeting. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the public meeting relative to the formation of the Ohio A venue and Pine A venue Area Landscape Maintenance Assessment District No. 1047, be closed; and protests and ballots, if any, be carried over to the public hearing on October 16, 2006, at 4:00 p.m. The motion carried by the following vote: Ayes: Council Members/ Commissioners Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Derry. Vacant: Third Ward. 14 10/02/2006 29. RES. 2006-357 - Resolution of the City of San Bernardino approving a Services Agreement with Doulames II Limited dba Convert-A-Doc for the provision of document imaging services. (Continued from September 18, 2006) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-357 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Derry. Vacant: Third Ward. COMMUNITY DEVELOPMENT COMMISSION Staff present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack; City Attorney Penman, Assistant to the City Clerk Medina; Economic Development Agency Executive Director Pacheco and Special Counsel Sabo. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. R30. 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 Property Owner Participation Agreement by and between the Agency and Christopher Cheng-Chyh Ko, Bruce Cheng-Hsieh Ko and Henry Cheng-Ju Ko ("Property Owners") for the development of the property. (696 W. 5th Street) (Continued from September 18, 2006) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. R31. Public hearing - 2006 HOME Funds Development Agreement for development of four (4) single-family in-fIll homes - Arroyo Valley Community Economic Development Corporation (Arroyo), a non-profit corporation (Continued from September 18, 2006) 15 10/02/2006 Resolution of the Mayor and Common Council of the City of San Bernardino approving an Amendment to the 2005/2010 Consolidated Plan and the 2006/2007 Annual Plan and consenting to the disposition of certain property located on 16th and Harris Streets (APN: 0144-131-21) and 17th and "J" Streets (APN: 0144-131-36, 0144-123-03 and 46), City of San Bernardino, by the Redevelopment Agency of the City of San Bernardino ("Agency") pursuant to the terms of the 2006 HOME Funds Development Agreement, by and between the Agency and, Arroyo Valley Community Economic Development Corporation ("Arroyo") and Inland Empire Concerned African American Churches ("Churches") (collectively referred to as "Developer") - Inland Valley Development Agency (lVDA) Redevelopment Project Area. (R31A) Resolution of the Community Development Commission of the City of San Bernardino approving the Disposition of certain property located on 1~ and Harris Streets (APN: 0144-131-21) and 17th and "J" Streets (APN: 0144-131- 36, 0144-123-03 and 46), City of San Bernardino, by the Redevelopment Agency of the City of San Bernardino ("Agency") and authorizing the Executive Director of the Agency to execute the 2006 HOME Funds Development Agreement, by and between the Agency and, Arroyo Valley Community Economic Development Corporation ("Arroyo") and Inland Empire Concerned African American Churches ("Churches") (collectively referred to as "Developer") - Inland Valley Development Agency (lVDA) Redevelopment Project Area. (R31B) Mayor/Chairman Morris opened the public hearing. No public comments were received. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of October 16, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. R32. Joint public hearing - Amendment No. 1 to the 2005 40th Street Redevelopment Project Area Single Family Residential Disposition and Development Agreement - TELACU Development, LLC 16 10102/2006 RES. 2006-359 - Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of certain property located at 267 East 49th Street (APN: 0154-126-25) by the Redevelopment Agency of the City of San Bernardino ("Agency") pursuant to Amendment No.1 to the 2005 40th Street Redevelopment Project Area Single Family Residential Disposition and Development Agreement (TELACU 49th Street New Homes Project) between the Agency and TELACU Development, LLC ("Developer") - 40th Street Redevelopment Project Area. (R32A) RES. CDC/2006-43 - Resolution of the Community Development Commission of the City of San Bernardino approving Amendment No. 1 to the 2005 40th Street Redevelopment Project Area Single Family Residential Disposition and Development Agreement (TELACU 49th Street New Homes Project) (" Amendment No.1") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and TELACU Development, LLC ("Developer"); making certain findings thereto and authorizing the Executive Director of the Agency to execute Amendment No. 1 - 40th Street Redevelopment Project Area. (R32B) Mayor/Chairman Morris opened the public hearing. Maggie Pacheco, Economic Development Agency Executive Director, provided highlights of the staff report. No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolutions A&B, be adopted. The motion carried and Mayor and Common Council Resolution No. 2006-359 and Community Development Commission Resolution No. CDC/2006-43 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. PLANNING 33. Public hearing - Development Code Amendment No. 06-02 to add Section 19.06.025 to the Development Code to prohibit establishment or relocation of specified businesses in the City of San Bernardino 17 10/02/2006 ORD. MC-1233 - An Urgency Ordinance of the City of San Bernardino adding San Bernardino Municipal Code Section 19.06.025 (Development Code) and prohibiting the establishment of certain new businesses and the relocation of said businesses in the City, declaring the urgency thereof, and taking effect immediately. URGENCY (33A) An Ordinance of the City of San Bernardino adding San Bernardino Municipal Code Section 19.06.025 (Development Code) and prohibiting the establishment of certain new businesses and the relocation of said businesses in the City. FIRST READING (33B) Mayor/Chairman Morris opened the public hearing. Valerie Ross, Director of Development Services, stated that the Mayor and Common Council adopted an urgency ordinance in 2004 prohibiting the establishment of certain specified businesses. At that time, the Council determined that there was an over-proliferation of these businesses and that the uses had contributed to crime and blight in various areas throughout the City. She stated that illegal signage, poor property maintenance, and depreciation of property values have been and continue to be major issues. Ms. Ross stated that another ordinance was adopted in 2005 that amended the previous moratorium and extended it until October 2006. In addition to the businesses currently included in the moratorium, she stated that the Legislative Review Committee (LRC) recommended adding self-service laundries, party supply stores and small container recycling centers, which have also been problematic in the City. Ms. Ross stated that the LRC recommended that this would not be applicable to stand-alone businesses that are 25,000 square feet or larger, or in shopping centers that are 200,000 square feet or larger with a major anchor tenant. She stated that staff was recommending approval of both the urgency ordinance and the regular ordinance. Council Member/Commissioner Kelley asked what enforcement tools the City had in place to make sure these businesses are legitimate and are not violating this ordinance. Ms. Ross stated that every business in the City is required to obtain a zoning verification review through the Planning Division. She stated that after providing the necessary information on the form, the applicant would be informed what uses were not permitted and why, and would be provided with a copy of the ordinance. The applicant would be asked to read and sign under penalty of perjury that they understand what they have read and they understand that they either can or cannot have their business. If someone is interested in opening a smoke shop, unless it meets the criteria for being 25,000 square feet or larger or in a major shopping center, it would be denied. If the person opens the business 18 10/02/2006 f!T-- anyway, that would be referred to Code Compliance. If the person calls the business something else and then changes it after the fact, that also would be referred to Code Compliance. City Attorney Penman asked Ms. Ross to explain for the record the study and the investigations that were presented to the LRC. Mayor Morris stated that the LRC carefully reviewed the maps contained in the backup as well as the listing of all the existing businesses in these categories that are now proposed to be prohibited. Ms. Ross stated that as a result of numerous phone calls from the public and studies performed by the Police Department and Code Compliance, maps were created that concluded that these certain specified businesses were contributing to blight throughout the City. She stated that City personnel performed a street-by- street survey to identify how many businesses there were and where they were located. Ms. Ross added that Development Services has been keeping a tally of all the completed zoning verification reviews, and the person who prepares the listing would flag certain businesses that appear to be of concern. They would then send out a planner or they would ask one of the City Attorney Investigators or Code Compliance to do a spot check. Robert Rego, 5856 Merito Avenue, San Bernardino, CA, stated that in reading Section 2 of the Ordinance that defines check-cashing, cash advance and loan facilities, he noted that check cashers that do not have deferred deposits are not covered under California Financial Code Section 23000, but are actually defined in California Civil Code Section 1789-31. He questioned whether a check casher that is not covered under that section would still be able to proliferate in the City or not. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that San Bernardino is a working class community and he believes some of these small businesses should be given a chance to compete. Council Member/Commissioner McCarnmack stated that when this body discussed this legislation they made a point of being sure that they weren't putting anyone out of business. She stated that their intention was to allow the businesses that are here, including those on the list, the ability to compete. Hubie Burne, speaking on behalf of Reliable Properties, stated that they own 70 shopping centers in Southern California in five counties, and they agree on certain points of the moratorium. He stated that they find that there are businesses that do contribute to negative operational aspects in their centers. He stated that the fact that the City is trying to restrict certain businesses from functioning was not a good idea because they have a number of tenants that take great pride in their area I I L 19 10/0212006 and shopping center and with their customers and clients. Mr. Burne stated that they have tenants that would be included on the list of restricted businesses that are national or corporate entities and run a very tight ship. He stated that he believed the City was trying to protect the public by developing better businesses. Mr. Burne stated that he felt some kind of program needed to be developed that would allow the City to properly research or make decisions as to what businesses should be involved in this and what businesses should not. He stated that there are businesses that work in certain areas and businesses that don't; however, he has never seen one business that wanted to bring forth a negative influence to an area. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed; that said urgency ordinance be adopted; and that said regular ordinance be laid over for final adoption. The motion carried and Ordinance No. MC-1233 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 34. Public hearing - resolution to adopt the General Plan Update and the Arrowhead Springs Specific Plan RES. 2006-360 - Resolution of the City of San Bernardino setting aside portions of Resolution 2005-362 adopted on November 1, 2005, and adopting the Findings of Fact and Statement of Overriding Considerations, as well as adopting the Updated General Plan and the Arrowhead Springs Specific Plan. Mayor/Chairman Morris opened the public hearing. Terri Rahhal, City Planner, stated that this item concerned the City's General Plan and the Arrowhead Springs Specific Plan which were adopted by the Mayor and Common Council in November 2005. She stated that the Council had been briefed in closed session on the status of the Center for Biological Diversity v. the City of San Bernardino, a case pending in Superior Court regarding the Arrowhead Springs Specific Plan. Ms. Rahhal stated that when the Arrowhead Springs Specific Plan was adopted, the Findings of Fact contained a conclusion that the Arrowhead Springs Resort would not be economically viable without the proposed golf course. She stated that the findings also cited the necessity of the golf course to assist with flood control protection on the project site. Subsequent to that adoption, Ms. Rahhal noted that litigation was filed by the Center for Biological Diversity contesting the 20 10/02/2006 -.-.....~--r-..--.r!'f'._,.'~.."'..,' propriety of the adoption insofar as it related to the Arrowhead Springs Specific Plan. She indicated that the court determined that the record lacked sufficient data to support these conclusions. Ms. Rahhal stated that the item before the Council was a resolution that would re- adopt the General Plan Update and the Arrowhead Springs Specific Plan based on revised Findings of Fact as supported by the expert economic analysis and conclusions of Mr. Alonzo Pedrin of Alfred Gobar Associates. The revised Findings also clarified the conclusion regarding flood control of the golf course with reference to supporting analysis in the Draft Environmental Impact Report. Ms. Rahhal stated that she noted that the revised Findings identified the flood control issue as a secondary issue, certainly secondary to the economic factors regarding the golf course. She stated that no revisions to the General Plan or the Arrowhead Springs Specific Plan were proposed at this time. She noted that staff was asking the Council to act on the same plans that were presented and approved in November 2005, based on revised Findings of Fact. Ms. Rahhal stated that on September 25, 2006, the Planning Commission considered the revised Findings of Fact as well as the letter report and additional oral testimony from Mr. Pedrin, and they unanimously recommended adoption of the resolution that was now before the Council. Upon consideration and the possible revision of these Findings of Fact, she stated that staff was recommending that the Mayor and Common Council close the public hearing and adopt the resolution. Alonzo Pedrin, Alfred Gobar Associates, stated that they were asked to assess the relevance and the importance of a golf course as an integral part of the Arrowhead Springs Resort and Conference Center. He provided a summary of his firm's qualifications and explained the purpose of their assessment and key findings. In conclusion, Mr. Pedrin stated that organized golf remains an integral part of the overall meeting experience in today's meeting industry and should be an integral component of the Arrowhead Springs Resort. Council Member/Commissioner McCammack stated that a resort concept like Arrowhead Springs must include an amenity like the golf course in order for it to succeed financially. She stated that in thinking about their earlier comments and conclusions about possible flood control benefits from the project, the judge was probably correct that there wasn't any factual presentation in the record. However, Ms. McCammack stated that they really didn't need any real or imagined flood control benefits to make this project highly desirable. Council Member/Commissioner Johnson stated that he also felt that the golf course alone was enough to reject the wetlands avoidance alternative, which is the alternative that omits the golf course from the project. He stated that he is well 21 10/02/2006 aware of flooding issues that arise in these canyons after heavy rains and the additional factors that arise given the recent history of forest fires and increased possibilities for mud slides. However, because such information was not before them, he felt it was not appropriate for the Council to make findings related to flood control. In his opinion, the great economic benefits of the project are more than enough to reject the no golf course alternative and to support the many benefits of the project. Mr. Johnson stated that he would vote to override an adverse enviromnental impact of this project wholly without any flood control comment. He stated that he believed they should leave out the flood control statements in the Findings, and should re-approve the project. He added that he thought the project was great and would far outweigh any possible adverse enviromnental impacts. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolution be adopted. City Attorney Pemnan suggested that additional language be added to the form motion. Council Member/Commissioner McCammack amended her motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolution be adopted, and that the last two bullet points on pages 25 and 26 of the General Plan Update and associated Specific Plans, EIR, Findings of Fact and Statement of Overriding Considerations be deemed removed from said document and not considered in the decision to adopt said resolution. The motion carried and Resolution No. 2006-360 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 35. Public Comments Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke about a Gulf War vet who is dying at the V A Hospital. S1. RES. 2006-358 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an amendment to the Professional Services Agreement with Kurt Wilson. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 22 10/02/2006 Resolution No. 2006-358 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 36. Adjournment At 6:44 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common CouncillCommunity Development Commission is scheduled for 1:30 p.m., Monday, October 16,2006, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RACHEL G. CLARK City Clerk BY~~I...r.l-> Linda Sutherland Deputy City Clerk No. of Items: 37 No. of Hours: 5 23 10/02/2006 CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esrher Esrrado Dennis J. Baxter Vacant Neil Derry Chos Kelley Rikke Van Johnson Wendy McCanrmtlck ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 6, 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 1:36 p.m., Monday, November 6, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner Kelley. Vacant: Third Ward. Council Member/Commissioner Kelley Arrived At 1:40 p.m., Council Member/Commissioner Kelley 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): California Bio-Mass, a California Corporation, et al. v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 83473; 1 11/06/2006 Daniel Martinez v. City of Highland, et al. - San Bernardino Superior Court Case No. SCVSS 130981; Myisha Maxwell, Sykia Manuel by and through her guardian Ad Litem, Myisha Maxwell v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 130136; J.R., by and through her guardian Ad Litem, Danyelle Dickson, et al. v. City of San Bernardino, et al. - United States District Court Case No. ED CV 05-1045 (JWJ). 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: Claim filed by City of Riverside/Gage Canal Company 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: Title: Executive Assistant to the Mayor E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Negotiator: Linn Livingston, Human Resources Director Employee Organization: Fire Management G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 2 11/06/2006 ";1. 40'h Street Redevelopment Pro.iect Area 1. Property Address: 251 East 49th Street APN: 0154-126-01 Ne~otiatin~ Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Stephen E. H. Maxey, property owner/seHer Under Ne~otiation: Purchase price, terms, and conditions 2. Property Address: 259 East 49th Street APN: 0154-126-03 Ne~otiatin~ Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Robert and Shari Celaya, property owners/seHers Under Ne~otiation: Purchase price, terms and conditions IVDA Redevelopment Project Area 3. Property Address: 163 North AHen Street APN: 0135-301-34 and 35 Ne~otiatin~ Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Khuon V. Trang, property owner/seHer Under Ne~otiation: Purchase price, terms, and conditions City Attorney Pemnan announced that the foHowing additional item would be discussed in closed session: Legal issues regarding Agenda Item No. 51. Closed Session Announcement City Clerk Clark announced that in closed session a motion was made by Council Member/Commissioner McCammack, seconded by Council Member/Commissioner Baxter to reject the claim filed by the City of Riverside and the Gage Canal Company. The motion carried by the foHowing vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, KeHey, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 3 11/06/2006 Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Conunon Council and Conununity Development Conunission. Moment of Silence Mayor/Chairman Morris expressed condolences to the families and requested a moment of silence in memory of Captain Mark Loutzenhiser, firefighter Daniel Hoover-Najera, fire engine operator Jess McLean, assistant fire engine operator Jason McKay and firefighter Pablo Cerda, who lost their lives while fighting the Esperanza Fire, which burned more than 40,000 acres and destroyed 34 homes along the base of the San Jacinto Mountains; and longtime police officer Tom Germany, who passed away on October 10 in Apple Valley after having worked for our Police Department for nearly 30 years. Invocation/Pledge of Allegiance The invocation was given by Reverend Steve Martinez, Associate Pastor of the First Church of the Nazarene, followed by the pledge of allegiance, led by Briana Salazar, a student at Bradley Elementary School. 2. Appointments · Eri F. Yasuhara - Human Relations Conunission - Council Member Estrada · Debra Morton - Bureau of Franchises - Council Member Kelley · Rafael Rawls - Conununity Development Citizen Advisory Conunittee - Council Member Johnson Council Member/Conunissioner Kelley made a motion, seconded by Council Member/Conunissioner Johnson, that the appointments of Eri F. Yasuhara to the Human Relations Conunission, Debra Morton to the Bureau of Franchises, and Rafael Rawls to the Conununity Development Citizen Advisory Conunittee, as requested by Council Members Estrada, Kelley, and Johnson, be approved. The motion carried by the following vote: Ayes: Conunissioners Estrada, Baxter, Derry, Kelley, Johnson, None. Absent: None. Vacant: Third Ward. Council Members/ McCanunack. Nays: 3. Presentations & Proclamations Council Member Dennis Baxter presented the Citizen of the Month A ward to Sonia Fisher-Martin. 4 11/06/2006 ,.;,^.".,,,,L'N~:r;'7:i; Mayor Morris and Lemuel Randolph, Director of Parks, Recreation, and Community Services, presented a Resolution of Commendation to Hillwood Development and STB Landscape Architects for providing the landscaping at the Norton Recreation Center. Mayor Morris presented a proclamation designating the week of November 6-12, 2006, as Animal Shelter Week to Ken Childress, Director of Animal Control. Darren Kettle, Director of Freeway Construction at SANBAG, presented an update on the progress of the 1-215 project. 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. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, 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: Commissioners Estrada, Baxter, Derry, Kelley, Johnson, None. Absent: None. Vacant: Third Ward. Council Members/ McCanunack. Nays: 6. Council Minutes Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the minutes of the following meeting(s) of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority of the City of San Bernardino be approved as submitted in typewritten form: August 7 & 8, 2006; September 5, 2006; September 18, 2006; and October 16, 2006. The motion carried by the following vote: Ayes: Commissioners Estrada, Baxter, Derry, Kelley, Johnson, None. Absent: None. Vacant: Third Ward. Council Members/ McCammack. Nays: 5 11/06/2006 7. Claims & Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated October 13, 2006, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 8. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the personnel actions, as submitted by the Chief Examiner, dated November 2, 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, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 9. Ratification of the action of the Mayor, City Attorney and City Clerk to amend Resolution No. 2006-373 adopted on October 16, 2006 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council ratify action of the Mayor, City Attorney, . and City Clerk to amend Resolution No. 2006-373 adopted on October 16, 2006. The motion carried by the following vote: Ayes: Commissioners Estrada, Baxter, Derry, Kelley, Johnson, None. Absent: None. Vacant: Third Ward. Council Members/ McCammack. Nays: 10. RES. 2006-374 - Resolution of the City of San Bernardino amending Resolution 2004-338 entitled in part, "Resolution ... amending Conflict of Interest Code ...," by amending Appendix A to add, delete and change the titles of various positions within departments of the City which must file Conflict of Interest Statements (Statements of Economic Interests, Form 700). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. 6 11/0612006 I-~- -- ~,..", Resolution No. 2006-374 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. II. Authorize an increase to the Purchase Order with Caltrop Corporation for On-Call Public Works Inspection Services Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Finance be authorized to amend the FY 2006/07 adopted Development Services budget and transfer an additional amount of $64,000 from Account No. 001-184-5011 (Salary and Benefit savings from the two additional vacant Construction Inspector positions) to Account No. 001-183-5502 (Professional Contractual costs) for the purpose of funding development related Public Works Consultant Inspection services; and that the Director of Finance be authorized to increase the Purchase Order to Caltrop Corporation for On-Call Inspection Services by the amount of $128,000, consisting of $64,000 from various Capital Improvement Program projects and $64,000 from Professional Contractual costs. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 12. Authorize execution of Contract Change Order No. One to the Contract with Silvia Construction, Inc. for pavement rehabilitation at Pennsylvania Avenue from Base Line Street to 16th Street (SS06-39) and 2nd Street, from 1-215 Freeway to "E" Street (SS06-40), per Plan No. 11602 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Development Services be authorized to execute Change Order No. One in the amount of $22,065.35 to contract with Silvia Construction, Inc. for pavement rehabilitation at Pennsylvania Avenue from Base Line Street to 16th Street (SS06-39) and 2nd Street, from 1-215 Freeway to "E" Street (SS06-40), per Plan No. 11602. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada. Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 13. Authorize execution of Contract Change Order No. Four to the Contract with Matich Corporation for construction of Campus Parkway (SS04-01) and installation of a traffic signal at Kendall Drive and Campus Parkway (TC04- 07), per Plan Nos. 10952 and 10232 7 11/06/2006 City Attorney Penman indicated that he would be abstaining on this item in order to avoid the appearance of a conflict as Matich Corporation is a donor to his City Attorney re-election campaign. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the Director of Development Services or designee be authorized to execute Change Order No. Four in the amount of $107,275.39 to contract with Matich Corporation for construction of Campus Parkway (SS04-01) and installation of a traffic signal at Kendall Drive and Campus Parkway (TC04-07), per Plan Nos. 10952 and 10232. The motion carried by the following vote: Ayes: Commissioners Estrada, Baxter, Derry, Kelley, Johnson, None. Absent: None. Vacant: Third Ward. Council Members/ McCammack. Nays: 14. Authorize execution of Contract Change Order No. One to the Contract with DBX, Inc. for southwest and southeast corner improvement and traffic signal modifications at Baseline Street and Mt. Vernon Avenue; traffic signal improvements at Valencia Avenue at 30'h Street and Mountain Avenue at Northpark Boulevard; and traffic signal modifications at University Parkway at the 1-215 Ramps (TC05-06, TC04-39, 8805-09, TC05-04, and TC04-34), per Plan Nos. 11328B, 11436 & 11561 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Finance be authorized to amend the FY 2006/07 budget by transferring $15,000 from Account No. 250- 370-5504-7491) "Install Traffic Signal at Mountain Avenue at Northpark Boulevard (TC05-06)" to Account No. 250-370-5504-7490 "Southwest and Southeast Corner Improvement and Traffic Signal Modifications at Baseline Street and Mt. Vernon Avenue (TC05-04)"; and that the Director of Development Services be authorized to execute Change Order No. One in the amount of $19,182.18 to contract with DBX, Inc. for southwest and southeast corner improvement and traffic signal modifications at Baseline Street and Mt. Vernon Avenue; traffic signal improvements at Valencia Avenue at 30th Street and Mountain Avenue at Northpark Boulevard; and traffic signal modifications at University Parkway at the 1-215 ramps (TC05-06, TC04-39, SS05-09, TC05-04, TC04-34), per Plan Nos. 11328B, 11436 & 11561. The motion carried by the following vote: Ayes: Commissioners Estrada, Baxter, Derry, Kelley, Johnson, None. Absent: None. Vacant: Third Ward. Council Members/ McCammack. Nays: 8 11/06/2006 15. RES. 2006-389 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a Contract to Diversified Landscape Management, Inc. for landscape improvements for University Parkway at Interstate 215 - Phase I (SS07-I7), per Plan No. 11630. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-389 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 16. RES. 2006-375 - Resolution of the City of San Bernardino authorizing the Mayor to execute Agreements for Services with Joseph E. Bonadiman & Associates, Inc., David Evans & Associates, Inc., and Associated Engineers, Inc. for on-call surveying support. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-375 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 17. RES. 2006-376 - Resolution of the City of San Bernardino approving Amendment No. 1 to Agreement for Professional Services with LAN Engineering Corporation to provide engineering services for the design of old Waterman Canyon Bridge Replacement (SS07-14). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-376 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 18. RES. 2006-377 - Resolution of the City. of San Bernardino declaring its intention to order the vacation of a portion of "I" Street, northerly of 13th Street & a portion of 13th Street, westerly of "I" Street. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. 9 11/06/2006 Resolution No. 2006-377 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 19. RES. 2006-378 - Resolution of the City of San Bernardino ordering the summary vacation of a portion of Citrus Street west of Mountain Avenue and north of State Highway 210 (Route 30 Freeway). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that Plan No. 11837 showing the proposed vacation of a portion of Citrus Street west of Mountain A venue and north of State Highway 210 (Route 30 Freeway), be approved; and that said resolution be adopted. The motion carried and Resolution No. 2006-378 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 20. RES. 2006-379 - Resolution of the City of San Bernardino making application to the Local Agency Formation Commission for providing City sewer services to property within unincorporated territory located at 4230 N. Fourth Avenue. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Development Services be authorized to initiate proceedings for the provision of City sewer services outside of City boundaries for property located at 4230 N. Fourth Avenue; and that said resolution be adopted. The motion carried and Resolution No. 2006-379 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 21. Authorization to proceed and approval of Plan No. 11892 - proposed vacation of an east-west alley, north of Walnut Street and east of Artesian Street Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Development Services and the City Clerk be authorized to proceed with the proposed vacation of an east- west alley, north of Walnut Street and east of Artesian Street; and that Plan No. 11892 showing the proposed vacation of an east-west alley, north of Walnut Street and east of Artesian Street, be approved. 10 11/06/2006 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 22. RES, 2006-390 - Resolution of the Mayor and Common Council of the City of San Bernardino approving an Agreement for Services with IBI Group for the provision of Professional Consulting Services for preparation of the 1-210 Corridor Enhancement Plan. Council Member/Commissioner McCammack voiced her concerns regarding noise attenuation and sound walls, and she stressed the need to include the appropriate neighborhood associations in th2 design process. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-390 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 23. RES. 2006-391 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement for Services with and issuance of a purchase order to JM Builders, Inc. for the Perris Hill Senior Center expansion in the City of San Bernardino per RFQ F-07-17, Council Member/Commissioner Baxter 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 adopted budget and transfer $50,000 from project #PR07-08, Perris Hill Agape House Demolition Account No. 243-363-5504-7724 to Account No. 243-363-5504-7494 and delay project #PR07-08 in the CIP. The motion carried and Resolution No. 2006-391 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 24. RES. 2006-380 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Contract and issuance of an annual Purchase Order with two one-year options to Securitas Security Services USA, Inc. for security guard services at the San Bernardino Metrolink Station. 11 11/06/2006 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council ratify the cancellation of the agreement with A Security Max, Inc., for security guard services at the Metrolink Station; and that said resolution be adopted. The motion carried and Resolution No. 2006-380 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 25. RES. 2006-392 - Resolution of the City of San Bernardino authorizing the execution of a contract with and issuance of a purchase order to Energy Controls and Concepts for Carousel Mall Parking Structure Lighting Retrofit project in the City of San Bernardino. Note: No resolution was distributed with the backup materials. Council Member/Commissioner Derry indicated that he would be abstaining on this item due to the fact that he is employed by Southern California Edison. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-392 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: None. Abstentions: Council Member/Commissioner Derry. Vacant: Third Ward. 26. RES. 2006-381 - Resolution of the Mayor and Common Couucil of the City of San Bernardino authorizing the San Bernardino City Fire Department to enter into a Fire Technology Contract Education Agreement with the San Bernardino Community College District. Council Member/Commissioner Johnson 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 FY 2006/07 budget and increase General Fund revenue Account No. 001-000-4708 (Fire Training Agreement) by $8,000 from $36,000 to a new total of $44,000; and to incorporate the expenditures in the amount of $4,500 associated with this agreement into the FY 2006/07 Fire Department budget, in accordance with the staff report dated October 16, 2006, from Michael J. Conrad, Acting Fire Chief. The motion carried and Resolution No. 2006-381 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 12 11/06/2006 27. RES. 2006-382 - Resolution of the City of San Bernardino approving a Side Letter to Resolution No. 2005-242, establishing a Compensation and Benefits Plan for the Management, Confidential & Unclassified Employees, amending and adding benefits for the Police Safety Management Employees. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-382 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCamrnack. Nays: None. Absent: None. Vacant: Third Ward. 28. RES. 2006-393 - Resolution of the City of San Bernardino authorizing the execution of an Agreement with Reward Strategy Group to conduct a classification and compensation study. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-393 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 29. RES. 2006-383 - Resolution of the Mayor and Common Council of the City of San Bernardino to amend Sucaba Resolution 2006-309 approved on September 5, 2006. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-383 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 30. RES. 2006-394 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a grant application to the National Endowment for the Arts (NEA), and authorizing the City Manager or his designee to execute grant documents. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-394 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 13 11/06/2006 31. RES. 2006-384 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the execution of Amendment No. 4 to Contract 02-1166 with the County of San Bernardino Department of Public Health to provide youth mentoring services for the period of July 1, 2006 through June 30,2007. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-384 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 32. RES. 2006-385 - Resolution of the Mayor and Common Council authorizing the execution of an agreement between the City of San Bernardino and the County of San Bernardino Probation Department for shared use of the recreation facilities at the former Norton Air Force Base for the period of July 1, 2006 through June 30, 2007 and ratifying all action taken between July 1, 2006 and the approval of the resolution. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-385 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 33. Set a public hearing for November 20, 2006, at 4:00 p.m., relative to the proposed expenditures of monies allocated from the FY 2006/07 Citizen's Option for Public Safety (COPS) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council set a public hearing for 4:00 p.m., Monday, November 20, 2006, relative to the proposed expenditure plan for the allocated Citizen's Option for Public Safety (COPS) funding for FY 2006/07. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 14 11106/2006 34. RES. 2006-386 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an amendment to the agreement and purchase order to Bryan A. Stirrat & Associates (BAS) for permits, design, and equipment acquisition to complete installation of gas treatment system for Waterman Landfill. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-386 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 35. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order between the City of San Bernardino and NPG Corporation for miscellaneous street repairs as detailed in Bid Specification No. RFQ F-07-14. Note: No resolution was distributed with the backup materials. City Attorney Penman requested that this item be continued for two weeks. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/ Commission meeting of November 20,2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCamrnack. Nays: None. Absent: None. Vacant: Third Ward. 36. RES. 2006-387 - Resolution of the Mayor and Common Council exempting the acquisition of services from the requirement of obtaining requests for proposals as required by the San Bernardino Municipal Code, and approving a Vendor Services Agreement and purchase order to Inland Regional Recovery Facility. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-387 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 15 11/06/2006 37. RES. 2006-388 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the execution of a vendor service agreement and issuance of a purchase order to NPG, Inc. for emergency repair on Electric Avenue pursuant to Section 3.04.075 of the Municipal Code. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-388 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 38. Request for waiver of fees - YMCA Children's Christmas Parade - December 2, 2006 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that the request for a waiver of fees in the amount of $4,662 for department, personnel and equipment costs associated with the 29th Annual YMCA Children's Christmas Parade scheduled for December 2, 2006, be approved; and that $4,662 be transferred from the civic and promotion fund into the various City departmental accounts to recover their costs incurred in assisting with the parade. The motion carried by the following vote: Ayes: Commissioners Estrada, Baxter, Derry, Kelley, Johnson, None. Absent: None. Vacant: Third Ward. Council Members/ McCammack. Nays: 39. RES. 2006-395 - 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 Burbank Recycling Inc. for commingled recycling services. Council Member/Commissioner Derry stated that the City now has an incentive to encourage people to put less trash and more recyclables in their blue cans, which would improve the City's recycle rates. He stated that members of the Ways and Means Committee had indicated that they wanted to see the City improve its educational programs to teach people what is and what is not recyclable. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-395 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 16 11/06/2006 40. Authorize the addition of two full-time Parking Enforcement Officers in the Facilities Management Department Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council add two (2) Parking Enforcement Officers, Range 1342, $2,444-$2,971 per month; that the Human Resources Department be authorized to amend Resolution No. 97-244 and Resolution No. 6413; and that the Director of Finance be authorized to amend the FY 2006/07 budget by increasing parking citation revenue Account No. 001-000-4420 by $54,000 and increasing Facilities Parking Control expenditure budget also by $54,000 for no net cost to the City's General Fund budget. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 41. Modify the job description and add a new position of Executive Assistant to the Mayor and delete the Executive Secretary position in the Mayor's Office Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council modify the job description and add a new position of Executive Assistant to the Mayor, Range 4461, $4,461-$5,378/month; that the Mayor and Common Council delete the Executive Secretary position in the Mayor's Office, Range 4443, $4,044-$4,916/month; and that the Human Resources Department be authorized to update Resolution Nos. 2005-428 and 97-244. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 42. Public hearing - resolution ordering work - formation of a Landscape Maintenance Assessment District in the Magnolia A venue and Ohio Avenue area (AD 1041 - Tract No. 15528) RES. 2006-396 - Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the area of Magnolia A venue and Ohio Avenue, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1041, ordering the work, confirming the 2007-2008 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. 17 1lI06/2006 Mayor/Chairman Morris opened the hearing. City Clerk Clark stated that 16 ballots had been received and they were all in favor of the proposed assessment district. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2006-396 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 43. Public hearing - resolution ordering work - formation of a Landscape Maintenance Assessment District in the Eucalyptus A venue and Randall Avenue area (AD 1048 - Tract No. 17273) RES. 2006-397 - Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the area of Eucalyptus A venue and Randall Avenue, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1048, ordering the work, confirming the 2007-2008 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2006-397 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 44. Approve request for continuance of Tentative Tract No. 14112 located northeasterly of the intersection of Foothill Drive and Sterling Avenue (Continued from May 15,2006) 18 11/06/2006 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the Mayor and Common Council approve the request for continuance of the Final Map for Tentative Tract No. 14112 to the Council/Commission meeting of May 21, 2007. The motion carried by the following vote: Ayes: Commissioners Estrada, Baxter, Derry, Kelley, Johnson, None. Absent: None. Vacant: Third Ward. Council Members/ McCammack. Nays: 45. RES. 2006-398 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a Contract to Nikola Construction Corporation for sewer improvements on Athol Street from "D" Street to Arrowhead Avenue (SW06-04) and Goodlett Street from Pico Street to Herrington Avenue (SW06-08), and street improvements on Goodlett Street from Western Avenue to Mt. Vernon Avenue (SW06-08), per Plan No. 11646. (Continued from October 16, 2006) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Finance be authorized to amend the FY 2006/07 budget by transferring $86,600 from unallocated sewer maintenance funds (Fund 132) to Account No. 132-431-5505-7569 "Athol Street Sewer Replacement (SW06-04); that the Director of Finance be authorized to amend the FY 2006/07 budget by transferring $223,400 from unallocated sewer maintenance funds (Fund 132) to Account No. 132-431-5505-7570 "Goodlett Street Sewer Replacement (SW06-08); and that the Director of Finance be authorized to amend the FY 2006/07 budget by transferring the balance of Account No. 245-365-5504-7569 "Athol Street Sewer Replacement (SW06-04)" and Account Nos. 245-365-5504-7569 & 7570 "Goodlett Street Sewer Replacement (SW06-08)" to unallocated sewer construction funds; and that said resolution be adopted. The motion carried and Resolution No. 2006-398 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 46. Authorize execution of Contract Change Order No. Two to the Contract with David T. Wasden, Inc., for sewer and street improvements on 34th Street - Leroy Street to Waterman Avenue (SW04-23); 48" Street - "F" Street to Electric Avenue (SW04-24); and street improvements on Richardson Street - San Bernardino Avenue to Victoria Avenue (SW04-34); Cooley Avenue - Tippecanoe Avenue to Gage Canal (SW04-35); and "E" Street - 2nd Street to 4th Street (SW04-06), per project Plan No. 11147 (Continued from October 16, 2006) 19 11/06/2006 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Derry, that the Director of Development Services be authorized to execute Contract Change Order No. Two to the contract with David T. Wasden, Inc., for sewer and street improvements on 34th Street - Leroy Street to Waterman Avenue (SW04-23); 48th Street - "F" Street to Electric Avenue (SW04-24); and street improvements on Richardson Street - San Bernardino Avenue to Victoria Avenue (SW04-34); Cooley Avenue - Tippecanoe Avenue to Gage Canal (SW04-35); and "E" Street - 2nd Street to 4th Street (SW04-06), per project Plan No. 11147. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. Vacant: Third Ward. Staff Present Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCarnmack; Sr. Deputy City Attorney Empefio, City Clerk Clark, Economic Development Agency Executive Director Pacheco and Special Counsel Sabo. Absent: None. Vacant: Third Ward. R47. Designation of Agency Check Signers and Assistant Secretary of the Commission RES. CDC/2006-46 - Resolution of the Community Development Commission of the City of San Bernardino, California, designating check signers and countersigners for the Redevelopment Agency of the City of San Bernardino and/or the City of San Bernardino Economic Development Agency checks and wire transfers, and repealing Resolution No. CDC/2006-7. (R47A) RES. CDC/2006-47 - Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the appointment of Margarita Pacheco as Secretary of the Commission and authorizing the appointment of Don Gee as Assistant Secretary of the Commission, and repealing Resolution No. CDC/200S-3S. (R47B) Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Derry, that said resolutions A&B, be adopted. Resolution Nos. CDC/2006-46 and CDC/2006-47 were adopted by the following vote: Ayes: Council Members/Commissioners Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. Vacant: Third Ward. 20 11/06/2006 R48. RES. CDC/2006-48 - Resolution of the Community Development Commission of the City of San Bernardino, on behalf of the Economic Development Agency of the City of San Bernardino, amending Resolution No. 4420 (as amended by Resolution Nos. 4852, 5048, 5057, 5356, 5389, 5424, 5507, 5560, CDC/2000-44, CDC/2001-51, and CDC/2004-41) entitled, in part, "Resolution ... adopting a Conflict of Interest Code ...," by amending Appendix A to add, delete and change the titles of various positions within the Economic Development Agency of the City of San Bernardino which must file Conflict of Interest Statements. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. CDCI2006-48 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. R49. 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 Redevelopment Project Study and Exclusive Right to Negotiate Agreement ("Agreement") with Home Depot, Inc. ("Developer") - IVDA Redevelopment Project Area. (Continued from October 16, 2006) Staff requested that this item be continued to November 20, 2006. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/ Commission meeting of November 20, 2006. The motion carried by the following vote: Ayes: Commissioners Estrada, Baxter, Derry, Kelley, Johnson, None. Absent: None. Vacant: Third Ward. Council Members/ McCammack. Nays: R50. Joint public hearing - Disposition and Development Agreement (DDA) for development of a shopping center - La Placita on 2nd Street - Uptown Redevelopment Project Area. (Continued from October 16,2006) Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the sale of certain Property as identified in the 2006 Disposition and Development Agreement ("DDA") by and between the Redevelopment Agency of the City of San Bernardino (" Agency") and La Placita at 2nd Street, a California Limited Liability Corporation ("Developer") and accepting the Community Development Commission's certain environmental findings related to the development of the proposed project. (RSOA) 21 1110612006 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 Disposition and Development Agreement ("DDA") by and between the Agency and La Placita at 2nd Street, a California Limited Liability Corporation ("Developer") and making certain environmental findings thereto related to the development of the project. (RSOB) Note: No backup materials were distributed. The hearing remained open. Council Member/Commissioner McCammack stated that she would be abstaining on this item because she owns property in the Uptown Redevelopment Project Area. She left the Council Chambers and returned after the vote was taken. No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/ Commission meeting of November 20, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson. Nays: None. Absent: None. Abstentions: Council Member/Commissioner McCammack. Vacant: Third Ward. 51. Public hearing - appeal of Planning Commission revocation of a permit to operate a small container recycling facility at 1620 W. Baseline Street in the CG-l, Commercial General land use district. (Development Permit Type 1 No. 06-054 - Appeal No. 06-13) (Continued from October 16,2006) The hearing remained open. Terry Rahhal, City Planner, stated that the subject of this appeal is a small container recycling facility located at 1620 W. Baseline Street and the operator/ appellant is Eugene Vortman of E&M Recycling in Los Angeles. Ms. Rahhal advised that the recycling facility was approved under Development Permit Type 1 No. 06-054 on May 12, 2006. Improvements were made to the project site right away and operations began immediately upon completing the parking lot improvements. However, some of the other conditions of approval were not initially completed including installation of a modular kiosk to camouflage the recycling containers. 22 11/06/2006 Ms. Rahhal noted that during the summer, staff began to receive complaints from neighboring property owners about loitering, poor property maintenance and a proliferation of abandoned shopping carts, both on the project site and in the surrounding area. An initial review by staff revealed that several conditions of approval had been ignored including failure to install the kiosk, failure to maintain the site in a clean condition, and the use of an illegal portable sign. She stated that a revocation hearing was scheduled and held before the Planning Commission on August 22, 2006, and after reviewing the staff report and photos of the site, the Planning Commission revoked Development Permit Type 1 No. 06-054. However, since the Planning Commission action in August, Ms. Rahhal stated that the appellant has brought the site and the operation into compliance with the conditions of approval of the development permit. The modular kiosk has been installed, the illegal signage has been removed, the site has been kept in good order, and shopping carts have not been accumulating around the site. Given this change in circumstances, Ms. Rahhal supplied an alternative motion to grant the appeal; however, she recommended that staff be directed to monitor continuing compliance at this project site and to bring the development permit back to the Planning Commission for a performance review after six months or sooner if compliance issues reappear at the site. Council Member/Commissioner Baxter asked how often this would be monitored. Ms. Rahhal stated that the plan they have had in place since the site was brought to their attention was to drive by the site at least twice per week. Council Member/Commissioner Estrada stated that she wanted something in writing that would stipulate when the monitoring would take place. Council Member/Commissioner Kelley stated that in the picture it looked as though the facility was going to have two automated windows, and if there was not going to be an attendant, he suggested that perhaps the Council might want to consider regulating the hours of operation City-wide on all these automated recycling centers. Ms. Rahhal stated that they were actually faux windows that would not open. Council Member/Commissioner Kelley asked if these faux windows could be punched out and used as automated windows at a later date. Ms. Rahhal stated that the development permit did not include reverse vending and it had not been requested at this time. Council Member/Commissioner Johnson stated that there had not been an accumulation of shopping carts until this recycling center moved into the 23 11106/2006 neighborhood. He questioned whether the shopping center was going to take responsibility for their carts or would they claim that they have no control. Pursuant to Resolution No. 2005-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Lona Laymon of Rutan & Tucker, LLP, 611 Anton Blvd., Suite 1400, Costa Mesa, CA, attorney representing the appellant, stated that there were never any plans to automate the site. She stated that those windows are faux windows and would be used to post the hours of operation and contact information. In regards to the kiosk, she stated that she recently received an invoice from the company that manufactured their kiosk and that invoice was dated May 20 and the kiosk was ordered within one week of permit approval. In answer to Councilman Johnson's concern, Ms. Laymon stated that the applicant was making an effort to remove shopping carts as often as possible to improve the overall appearance of the area. She stated that she had pictures that were taken prior to permit approval that shows shopping carts on the site before they started operations. Eugene Vortman, 526 S. Alameda Street, Los Angeles, CA, stated that their plan is to have local shopping cart services remove the shopping carts every day. Council Member/Commissioner McCammack stated that the applicant needed to understand that when Council Members have concerns about business locations it is usually constituent driven and/or complaint driven. She stated that the invoice referred to by Ms. Laymon indicates that the windows are actually Plexiglas with locks-they are not faux windows-which indicates to her that there is a potential for future vending. She felt that staff probably should be aware of that fact. Ms. McCammack stated that if they are unable to comply with the conditions of the Conditional Use Permit, the Council could suspend their ability to do business at this location. Council Member/Commissioner Johnson stated that he had received numerous complaints regarding the odor at the previous facility, which was next to the senior center, and he asked what controls are in place to prevent odor at this facility. Mr. Vortman stated that the problem they had across the street at the Westside Plaza Shopping Center was the fact that they did not have access to a water outlet and the employees couldn't maintain the facility on a daily basis. They had a service that came twice per month. At the new facility, they have access to a water outlet and they will be able to maintain the premises on a daily basis. Council Member/Commissioner Estrada requested that staff put into written terms how often they plan to monitor the site and that it include a time frame with the understanding that if the applicant does not comply the permit will be suspended and the matter will be brought back before the Council for further action. 24 11106/2006 Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that the odor comes from the lack of water and drainage at these facilities. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the hearing be closed; and that the Mayor and Common Council Grant Appeal No. 06-13, thereby overturning the Planning Commission's revocation of Development Permit Type 1 No. 06-054; and direct staff to monitor compliance with conditions of approval placed on DPl No. 06-054, to include Development Services staff monitoring the site no less than once a week and notifying the applicant in writing that failure to comply will result in suspension of the permit and that staff report back to the Mayor and Council in six months. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, McCammack. Nays: Council Members/ Commissioners Kelley, Johnson. Absent: None. Vacant: Third Ward. 52. RES. 2006-399 - Resolution of the Mayor and Common Council of the City of San Bernardino designating a crime free zone. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-399 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 53. Public Comments Luke Reed, Bonnie Oehl Elementary School, 2525 Palm Avenue, Highland, CA, spoke on behalf of several parents/teachers/residents who are concerned about the safety of the children traveling to and from school. He cited issues such as speeding, reckless driving, and illegal double parking; no stop lights/signs; poorly painted crosswalks; no landscaping; sidewalks that are broken and covered with rocks and debris; no warning lights; and graffiti. Council Member/Commissioner Derry stated that the City would be looking into this as part of its School of the Month Program. Victoria Bennett, 2660 29th Street, Highland, CA, stated that four weeks ago she was struck by a concrete brick that came through the windshield of her car from the Central A venue Overpass of the 30 Freeway. She requested that this overpass have additional chain link placed at an angle on top of the existing chain link, that the overpass be lighted, and that the Highland Avenue exit be renamed Arden in order to reduce confusion for emergency services. 25 11106/2006 Mayor/Chairman Morris stated that he would personally take this concern to Caltrans through SANBAG (San Bernardino Associated Governments). Betty Jean Long, 852 N. Lugo Avenue, San Bernardino, CA, thanked the Police Department for having the homeless shelter program. Frances Davis, 1102 E. 25th Street, San Bernardino, CA, voiced her concerns regarding recreational vehicles that block streets and driveways and the fact that this is not being addressed by the City. Jerry Moya, 2565 W. Poplar Street, San Bernardino, CA, spoke on behalf of his community and submitted a petition consisting of approximately 160 signatures regarding an ongoing flooding problem at the corner of Meridian and Poplar Streets. City Manager Wilson assured Mr. Moya that he would send the appropriate City staff out to the location to meet with the residents in order to come up with a solution to address their flooding problem. Robert Rego, 5856 Merito Avenue, San Bernardino, CA, stated that Flag Day was coming up and he asked if the flag would be displayed on November 10, November 11, or all weekend. Secondly, he stated that he wanted people to understand that Measure Z is not a police tax-it is a general tax-and the words police and safety do not exist in Measure Z. He noted that Measure Z is a general sales tax that can be utilized any way this Council wishes, and it will be a burden of $5.6 million per year for 15 years. Mr. Rego stated that we don't know what other Mayors and Council Members will do with that money. He stated that this is bad governance and we need to work together to come up with a better plan to fund our police. Deanna Adams, 1156 N. uP" Street, San Bernardino, CA, urged people to go out and vote. She voiced her support for Proposition 90 and her opposition to Measures YY and Z. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the killing of author Gary Webb and several issues regarding electronic voting. Mark Solorzano, 2605 W. Poplar Street, San Bernardino, CA, spoke regarding the flooding problems at Meridian and Poplar Streets. 26 11/06/2006 54. Adjournment At 6:28 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, November 20, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk BY~Afl ~~ / Linda Sutherland Deputy City Clerk No. of Items: 54 No. of Hours: 5 27 11/06/2006 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 Vacant Neil Derry Chas Kelley Rikke Van Johnson Wendy McCammnck MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 20, 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 1:30 p.m., Monday, November 20, 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, Derry, Johnson, McCarnmack; City Attorney Pemnan, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner Kelley. Vacant: Third Ward. Council Member/Commissioner Kelley Arrived At 1:50 p.m., Council Member/Commissioner Kelley arrived at the Council/ Commission meeting. 1. Closed Session A. Conference with legal counsel - eXlstmg litigation - pursuant to Govermnent Code Section 54956.9(a): Annette Mendenhall v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 113604; Timothy Weisenberger, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 134901; 11/20/2006 Zimmon v. City of San Bernardino - Workers' Compensation Appeals Board Case Nos. SBR 0329202 and SBR 0329212. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: IVDA Redevelopment Project Area 1. Property Address: 2158 McKinley Avenue APN: 1191-021-31 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Pedro M. Uriostegue, property owner/seller Under Negotiation: Purchase price, terms, and conditions 2. Property Address: 2105 McKinley Avenue APN: 1191-021-56 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Fidelity National Title, property owner/seller 2 11/20/2006 Under Negotiation: Purchase price, terms, and conditions 3. Property Address: 2195 McKinley Avenue APN: 1191-021-61 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 4. Property Address: 2050 Arden Avenue APN: 1191-021-38 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Larry Senior and Andrea Estrada, property owner/seller Under Negotiation: Purchase price, terms, and conditions City Attorney Penman announced that two additional cases would be discussed in closed session: People of the State of California v. Jose Lopez and Marco Cardenas, et al. and the cross complaint - San Bernardino Superior Court Case No. SCVSS 134051; San Bernardino City Professional Firefighters Union, et al. v. Larry Pitzer - United States District Court Case No. EDCV 05-473 V AP (OPx). 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 Deacon John Barna of Our Lady of Assumption Church, followed by the pledge of allegiance, led by Eduardo Morales of Ramona Alessandro School. 3 11120/2006 Moment of Silence Mayor Morris expressed condolences to the families, friends, and colleagues of the following individuals and requested a moment of silence in their memory: Angelo Mazza, who owned Angelo's Shoe Shop on North Sierra Way for 58 years; Jess C. Hernandez, a lifelong resident of San Bernardino and humanitarian dedicated to serving his community; Glenn Taylor, a retired English teacher who worked for our school district for 34 years; former First Ward Councilman Eddie Negrete, who served as a councilman from 1993 to 1998; Lewis Corns, who worked for the City's Police Department as a detective and forensic specialist for 30 years; Dr. Elsie Rosso L1opart, who practiced obstetrics at S1. Bernardine Medical Center and Community Hospital for 32 years; and Dr. Bruce Shepard, who practiced anesthesiology at S1. Bernardine's Hospital and also taught respiratory physiology at San Bernardino Valley College and Victor Valley College. 2. Appointment - John R. Lowe - Santa Ana River Trail Commission _ Council Member Derry Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Estrada, that the appointment of John R. Lowe to the Santa Ana River Trail Commission, as requested by Council Member Derry, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 3. Proclamations & Presentations Mayor Morris presented the Third Quarter 2006 Customer Service A ward to Barbara Sladek, an Account Clerk II in the Parks, Recreation and Community Services Department, who received six nominations from her fellow Parks employees for being a team player and for her willingness to step up and assist the department during a period of staffing challenges. City Clerk Rachel Clark presented the City's 40-year-old voting machine to Steve Shaw, President of the San Bernardino Historical Society. 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 Josie Soria Margaret Schwarz Department City Attorney Library Years of Service 15 25 4 11120/2006 I Robert Albright Police 15 Janice Bean Police 15 Steve Casarez Police 10 Timothy Matlock Police 15 Clayton Smith Police 15 Michael Diaz Public Services 10 James McCracken Public Services 5 Ricky Parker Public Services 10 Allen Waite Public Services 10 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. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, 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, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 6. Claims & Payroll Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated November 9, 2006, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 7. Personnel Actions Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the personnel actions, as submitted by the Chief Examiner, dated November 15, 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. 5 11/20/2006 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 8. Mayor and Common Council/Community Development Commission regular meeting dates for 2007 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council and the Community Development Commission approve the following dates for regular meetings of the Mayor and Common Council/Community Development Commission for the year 2007: January 8 (second Monday); January 22 (fourth Monday); February 5 and 20; March 5 and 19; April 2 and 16; May 7 and 21; June 4 and 18; July 2 and 16; August 6 and 20; September 4 and 17; October I and 15; November 5 and 19; December 3 and 17. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 9. Set joint workshop of the Mayor and Common Council and Planning Commission - Redlands Passenger Rail Station Area Plans Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council set a joint workshop with the Planning Commission for Monday, December 4, 2006 at 5:30 p.m. in the EDA Board Room related to the Redlands Passenger Rail Station Area Plans. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 10. RES. 2006-400 - Resolution of the City of San Bernardino amending Resolution 2005-341 to increase the purchase order amount for a Services Agreement with Albert Johnson for the provision of contract building inspection services. , 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 FY 2006/07 adopted budget by transferring $106,000 from Account No. 001-191-50xx (Salaries and Benefits) to Account No. 001-191-5502 (Professional/ Contractual Services). 6 11120/2006 The motion carried and Resolution No. 2006-400 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. Vacant: Third Ward. II. Establish salaries for Fire Department Ranges P-5, P-6 & P-7, effective August 1, 2006 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the salaries for Fire Department Ranges P-5 (Battalion Chief), P-6 (Deputy Fire Chief), and P-7 (Fire Chief) be established, effective August 1, 2006; that the Human Resources Department be directed to amend Resolution No. 6429 to reflect the above action; and that the Director of Finance be authorized to amend the FY 2006/07 budget by increasing the Fire Department General Fund budget by $57,600 for Charter 186 costs by appropriating $57,600 from the General Fund budget reserves and make appropriate adjustments to the various Fire grants. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. Vacant: Third Ward. 12. RES. 2006-401 - Resolution of the City of San Bernardino authorizing the purchase of 29 Motorola XTS 5000 portable and 10 Motorola XTL 5000 mobile radios from Motorola, Inc. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-401 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 13. 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 Golden State Fence Company for the installation of wrought iron fencing around the perimeter of La Plaza Park. Note: No resolution was included in the backup materials. City Manager Wilson requested that this item be tabled. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the matter be tabled. 7 11120/2006 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 14. RES. 2006-404 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to sign a lease agreement with Russell Properties Partnership for offsite office space on behalf of the San Bernardino Police Department. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-404 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Baxter, Derry, Kelley, McCammack. Nays: None. Absent: None. Vacant: Third Ward. Council Johnson, 15. Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain Police Department records, documents and papers pursuant to Section 34090 and 34090.6 of the Government Code of the State of California. Note: No resolution was included in the backup materials. City Attorney Penman requested a two-week continuance. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, questioned how long the City was required to keep various records and documents and where he could obtain guidelines regarding records destruction. Mayor/Chairman Morris referred him to Police Chief Billdt. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of December 4,2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 16. RES. 2006-405 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of a grant application for the FY 05/06 South Coast Air Quality Management District Carl Moyer Memorial Air Quality Standards Attainment Program to assist in the purchase of (20) new LNG refuse trucks to be utilized by the Public Services Department, Refuse Division. 8 11/20/2006 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-405 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 17. RES. 2006-402 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submittal of the application for waste tire enforcement grant funds from the California Integrated Waste Management Board. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-402 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 18. RES. 2006-403 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Fairview Ford of San Bernardino for the negotiated purchase of two 2007 Ford Ranger pick up trucks, to be utilized by the Code Compliance Department. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-403 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 19. Public meeting - formation of a Landscape Maintenance Assessment District in the Ohio Avenue and Chestnut Avenue area (Tract No. 14881 - AD 1049) Mayor/Chairman Morris opened the meeting. No public comments were received. 9 11/20/2006 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that the public meeting relative to the formation of the Ohio A venue and Chestnut A venue Area Landscape Maintenance Assessment District No. 1049 be closed; and protests and ballots, if any, be carried over to the public hearing on December 4,2006 at 4:00 p.m. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 20. Public meeting - formation of a Landscape Maintenance Assessment District in the 6th Street and Sterling Avenue area (Tract No. 17372 - AD 1053) Mayor/Chairman Morris opened the meeting. No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the public meeting relative to the formation of the 61h Street and Sterling A venue Area Landscape Maintenance Assessment District No. 1053 be closed; and protests and ballots, if any, be carried over to the public hearing on December 4, 2006, at 4:00 p.m. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 21. Public meeting - formation of Landscape Maintenance Assessment District in the Campus Parkway and Valles Drive area (Tract No. 17699 - AD 1054) Mayor/Chairman Morris opened the meeting. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that the public meeting relative to the formation of the Campus Parkway and Valles Drive Area Landscape Maintenance Assessment District No. 1054 be closed, and protests and ballots, if any, be carried over to the public hearing on December 4,2006, at 4:00 p.m. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 10 11/20/2006 22. Public hearing - obligation and expenditure of the allocated Citizen's Option for Public Safety (COPS) monies for FY 2006/07 RES. 2006-406 - Resolution of the City of San Bernardino authorizing the obligation and expenditure of the allocated Citizens Option for Public Safety (COPS Option) monies for FY 06/07 to supplement front-line law enforcement support services. Mayor/Chairman Morris opened the hearing. Council Member/Commissioner McCammack pointed out that this is an opportunity for the City to receive $392,822 in grant money for front-line law enforcement support services. Police Chief Billdt stated that this was the fifth year the City has received this money, which has been used to fund four police officers. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2006-406 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 23. Public hearing - resolution imposing liens on property located within the City for uncollected business registration fees RES. 2006-407 - Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. 11 11/20/2006 The motion carried and Resolution No. 2006-407 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 24. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order between the City of San Bernardino and NPG Corporation for miscellaneous street repairs as detailed in Bid Specification No. RFQ F-07- 14. (Continued from November 6, 2006) Responding to a question from Council Member/Commissioner McCammack, City Manager Wilson assured her that slurry seal was not included in any of the street repairs detailed in this bid specification. He stated that it was work beyond potholes, but not full-scale street repairs. Ms. McCanunack stated that the reason she had questioned this was because six of the ten bidders were nonresponsive and she wondered why. She asked that this information be available at the next Council meeting. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council! Commission meeting of December 4, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 25. Workshop with State Senator Bob Dutton - 5:00 p.m. in the MIC Room, 6'h Floor, City Hall Note: No backup materials were distributed. Senator Dutton noted that the City of San Bernardino is postured very well, and stated that he was a willing partner to try and help all of us to do what is right for our city-that it is not about being democrat or republican, but about what is good for the people in the area. He provided an overview of the bond measures approved by the voters on November 7 and the impact they will have on the Inland Empire. He stated that the state still needs to deal with a $5 billion deficit and it will take awhile to get the bonds "fired up." He stated that he will try to make an annual visit to the cities he represents; however, he also encouraged the mayor and council to visit him in Sacramento once or twice a year. 12 11/20/2006 COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Economic Development Agency Special Counsel Sabo and Executive Director Pacheco. Absent: None. Vacant: Third Ward. R26. Joint public hearing - Disposition and Development Agreement (DDA) for development of a shopping center - La Placita on 2nd Street - Uptown Redevelopment Project Area. (Continued from November 6, 2006) RES. 2006-409 - Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the sale of certain property and the funding of certain public improvements as identified in the 2006 Disposition and Development Agreement ("DDA") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and La Placita on 2nd Street, a California Limited Liability Corporation and accepting the Community Development Commission's certain environmental fmdings related to the development of the proposed project. (R26A) RES. CDC/2006-49 - 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 La Placita on 2nd Street, a California Limited Liability Corporation; (2) authorizing the Executive Director of the Agency to execute said DDA relating to the sale of certain property in the City of San Bernardino; and (3) making certain findings thereto related to the development of the project and the funding of certain public improvements. (R26B) Council Member/Commissioner McCammack stated that she would abstain on this item because she owns property in the Uptown Redevelopment Project Area. She left the Council Chambers and returned after the vote was taken. The hearing remained open. Maggie Pacheco, Executive Director, Economic Development Agency, stated that this agreement gives the City an opportunity to remove the substandard and dilapidated shopping center commonly referred to as the EI Tigre grocery store. She stated that it will assure that the existing structures are removed and will make way for a new shopping center of about 100,000 square feet that will be anchored by a Superior Super Warehouse, with the remaining square footage of approximately 55,000 square feet to be utilized by other retailers. She advised that the development will complement the architecture treatment seen at the 13 11/20/2006 historic Santa Fe Depot, and that the developer intends to spend a minimum of $22 million demolishing the existing structures and redoing the entire shopping center. Ms. Pacheco stated that the schedule calls for the developer to accomplish demolition within six months of the date of approval of this agreement to begin paving the way for the new construction. In addition, the agreement places substantial responsibility upon the Agency, in that the Agency will convey five parcels of land to the developer at fair market value, and the developer will repay the Agency for all the costs associated with the acquisition of the five parcels, including any relocation costs and legal expenses that the Agency incurs related to any condemnation. She advised that the Agency's responsibility would also be to provide $2 million in outside improvements to help facilitate the development of the area. Ms. Pacheco advised that one key component of the agreement requires the developer to acquire the property to the south of Second Street to pave the way for a mixed-use development. The agreement also outlines that the Agency will make its best efforts to acquire adjacent properties just east of the property that the developer has acquired; however, that would be the subject of a later agreement. No public comments were received. City Clerk Clark read into the record the amended resolution titles contained in the new staff report. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolutions A and B, be adopted. The motion carried and Mayor and Common Council Resolution No. 2006-409 and Community Development Commission Resolution No. CDC/2006-49 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/ Commissioner McCammack. Absent: None. Vacant: Third Ward. R27. Joint Public Hearing - 2006 HOME Community Housing Development Organization (CHDO) Capacity Building Agreement with Arroyo Valley Community Economic Development Corporation, a non-profit corporation 14 11/20/2006 RES. 2006-410 - Resolution of the Mayor and Common Council of the City of San Bernardino approving and amending the 2005-2010 Consolidated Plan and the 2006-2007 Annual Action Plan to allocate $50,000 in HOME Capacity Building Funds to Arroyo Valley Community Economic Development Corporation, a non-profit corporation. (R27 A) RES. CDC/2006-50 - 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 HOME CHDO Capacity Building Agreement between the Agency and Arroyo Valley Community Economic Development Corporation, a non-profit corporation. (R27B) Mayor/Chairman Morris opened the hearing. Agency Executive Director Pacheco advised that this item deals with allocating federal HOME dollars to a nonprofit organization, principally to use these funds for capacity nourishing of a nonprofit, whose fundamental purpose is to provide affordable housing. She stated that the $50,000 grant represents the 10 percent of the total budget of the organization, and staff is recommending approval. She stated that there is a stipulation in the contract that does require the nonprofit to perform; therefore, if they do not produce a dwelling unit within an 18-month period from execution of the agreement, they would be required to repay the grant funds at 6 percent interest. No public comments were received. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolutions A and B, be adopted. The motion carried and Mayor and Common Council Resolution No. 2006-410 and Community Development Commission Resolution No. CDC12006-50 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. Vacant: Third Ward. R28. Joint Public Hearing - 2006 Affordable Single-Family Disposition and Development Agreement (HOME Funds-Four Agency Lots) - Arroyo Valley Community Economic Development Corporation and Inland Empire Concerned African American Churches 15 11120/2006 RES. 2006-411 - Resolution of the Mayor and Common Council of the City of San Bernardino approving an amendment to the 2005-2010 Consolidated Plan and the 2006-2007 Annual Action Plan and consenting to the disposition of certain properties located in the City of San Bernardino on 16'. and Harris Streets (APN: 0144-131-21) and 17'. and "J" Streets (APN: 0144-131-36, 0144-123-03 and 46) ("Agency Lots"), by the Redevelopment Agency of the City of San Bernardino ("Agency") pursuant to the terms of the 2006 Affordable Single-Family Disposition and Development Agreement (HOME Funds-Four Agency Lots), by and between the Agency, Arroyo Valley Community Economic Development Corporation and Inland Empire Concerned African American Churches - IVDA Redevelopment Project Area. (R28A) RES. CDC/2006-51 - Resolution of the Community Development Commission of the City of San Bernardino approving the disposition of certain properties located in the City of San Bernardino on 16th and Harris Streets (APN: 0144-131-21) and 17t. and "J" Streets (APN: 0144-131-36, 0144-123-03 and 46) ("Agency Lots"), by the Redevelopment Agency of the City of San Bernardino ("Agency") and authorizing the Executive Director of the Agency to execute the 2006 Affordable Single-Family Disposition and Development Agreement (HOME Funds-Four Agency Lots), by and between the Agency, Arroyo Valley Community Economic Development Corporation and Inland Empire Concerned African American Churches - IVDA Redevelopment Project Area. (R28B) Mayor/Chairman Morris opened the hearing. Maggie Pacheco, Agency Executive Director, stated that this item pertains to the disposition of four parcels that the Agency currently owns to the Arroyo Valley Community Economic Development Corporation and the Inland Empire Concerned African American Churches. She stated that the property will be conveyed to the developer and the participants for the purpose of developing four single-family homes. She advised that the agreement also provides for the Agency to contribute up to $593,000 in HOME federal dollars for assisting the participant and the developer with gap financing that's needed in the form of construction financing. The developer and participants are responsible for obtaining the approximately $893,000 of construction funds to complete approximately $1.3 million in development costs for the four homes. No public comments were received 16 11/20/2006 r Council Member/Commissioner McCammack expressed concern that the backup materials contained nonprofit status information for Arroyo Valley; however, she could find nothing regarding the nonprofit status of the participant. She stated that she would have thought both organizations would have needed to provide this information. Ms. Pacheco stated that if it is lacking in the document, it clearly is in the Agency offices. She stated that non-profit status of the participant is a requirement, and she was sorry it was not included in the backup materials. She assured Ms. McCammack that staff had verified the nonprofit status of the participant. Project Manager Musibau Arogundade confirmed Ms. Pacheco's comments. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolutions A and B, be adopted. The motion carried and Mayor and Common Council Resolution No. 2006-411 and Community Development Commission Resolution No. CDC/2006-51 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. R29. RES, CDC/2006-52 - 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 Redevelopment Project Study and Exclusive Right to Negotiate Agreement ("Agreement") with Home Depot, Inc. (North Arden Guthrie - IVDA Redevelopment Project Area). (Continued from November 6, 2006) Agency Executive Director Pacheco stated that this was a 24-month agreement ,between the Agency and Home Depot which would allow the Agency to explore development of the northern Arden Guthrie area. She stated that Home Depot has made a commitment to develop all 17 acres, and this will allow that process to begin. She advised that a key point to this particular agreement is that Home Depot is providing the Agency a I percent deposit of the projected purchase price of $5.8 million; however, that will be verified later on as they proceed to enter into a development agreement. She pointed out that this agreement is a precursor to a Disposition and Development Agreement and simply allows staff to study the development feasibility. 17 11/20/2006 Council Member/Commissioner McCammack pointed out that this is not just going to be a Home Depot-it's a Home Depot on a portion of the property, and Home Depot wants to guarantee development of the additional six acres of the site with youth oriented retail, sit-down restaurants, and other types of establishments with immediate access to the soccer field. She added that Home Depot has stated that they will not be closing their store on Muscupiabe, as it is one of their highest producing stores. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. CDC/2006-52 was adopted by the following vote: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, McCammack. Nays: None. Absent: None. Vacant: Third Ward. Ayes: Johnson, R30. RES. CDC/2006-53 - 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 a Professional Services Agreement by and between the Agency and California Property Specialists, Inc., for relocation services (Central City North Redevelopment Project Area - Downtown Acquisitions). Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. CDC/2006-53 was adopted by the following vote: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, McCammack. Nays: None. Absent: None. Vacant: Third Ward. Ayes: Johnson, R31. RES. CDC/2006-54 - 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 a Professional Services Agreement by and between the Agency and California Property Specialists, Inc., for acquisition and relocation services (IVDA Redevelopment Project Area - Arden Guthrie Acquisitions). Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDC/2006-54 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 18 11/20/2006 r--. R32. RES. CDC/2006-55 - 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 Amendment No. 1 to the Contractor Services Agreement Minor Grant Repair Program (Elderly/Special Needs) between the Oldtimers Foundation and the Agency, reinstating said Agreement and authorizing the amount of one hundred thousand dollars ($100,000) annually, for a three (3) year term commencing in 2007, subject to annual funding availability. Council Member/Commissioner McCammack asked if there was a way to allocate additional funding to this program. Agency Executive Director Pacheco stated that additional resources could be allocated; however, at this point in time they are trying to make sure that they don't overextend the Oldtimers services. She stated that a lot of the work is done by the Oldtimers, that they are now at an evaluation period, and if it turns out that there is a need and they can handle the additional labor, it can be brought back to the Commission. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. CDC/2006-55 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. R33. RES. CDC/2006-56 - 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 Redevelopment Project Study and Exclusive Right to Negotiate Agreement with Hoprock 2 Verdemont, LLC ("Developer") - Verdemont Area. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDC/2006-56 was adopted by the following vote: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, McCamrnack. Nays: None. Absent: None. Vacant: Third Ward. Ayes: Johnson, 19 11/20/2006 34. Authorize the Director of Finance to amend the FY 2006/07 adopted budget to reflect costs associated with Operation Phoenix Programs in the Parks and Recreation Department and to also reflect the corresponding revenue reimbursement from County NIP Funds Council Member/Commissioner McCammack verified with staff and the mayor that the use of NIP funds for this purpose fell within the realm of the grant. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Finance be authorized to amend the FY 2006/07 adopted budget to reflect costs associated with Operation Phoenix programs in the Parks & Recreation Department and to also reflect the corresponding revenue reimbursement from County NIP funds, as outlined in the staff report dated November 7, 2006, from Lemuel Randolph, Director of Parks, Recreation and Community Services. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 35. RES. 2006-408 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute Amendment No. One to the Securitas Security Services USA, Inc. Agreement, dated November 6, 2006, for security guard services at the San Bernardino Metrolink Station. Council Member/Commissioner McCammack made a motion, seconded by Couucil Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-408 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 36. Public Comments Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, distributed a handout to the Mayor and Council and spoke regarding the ten years he has been coming before the Council. He commented on the recent election of new Senate majority leader Harry Reid from Nevada, which he believes will be a significant blow to the Yucca Mountain Project and the issue of rail transportation of nuclear waste. 20 11120/2006 37. Adjournment At 6:30 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, December 4,2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. By: RACHEL G. CLARK ~ City Clerk .~~.W Linda E. Hartzel Deputy City Clerk No. of Items: 37 No. of Hours: 5 21 11/20/2006