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HomeMy WebLinkAbout05-07-2007 MinutesCITY OF SAN BERNARDINO 300 N. "D"Street San Bernardino, CA 92418 Website: www.sbcity.org MINUTES Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Neil Derry Chas Kelley Rikke Van Johnson Wendy McCammack MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 7, 2007 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 1:31 p.m., Monday, May 7, 2007, 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, Brinker, Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner Kelley. Council Member/Commissioner Kelley Arrived At 2:04 p.m., Council Member/Commissioner Kelley arrived at the Council/ Commission meeting. 1. Closed Session A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): J.R., et al. v. City of San Bernardino - United States District Court Case No. 05-1045 JWJ; San Bernardino Police Officers Association v. City of San Bernardino, et al. - United States District Court Case No. CV 07-02830 ABC AJWx; 1 05/07/2007 Michael Desrochers & Steve Lowes, et al. v. City of San Bernardino - United States District Court Case No. EDCV 06-1408 VAP (JCRx) and related case, in re: Steve Lowes, Civil Service Board Hearing; Henroy Francis v. City of San Bernardino - Workers' Compensation Appeals Board Case Nos. SBR 0322536 and SBR 0324877. 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: 1. Inland Communities Corp. v. City of San Bernardino, et al. (Paradise Hills) 2. (1) case - anticipated litigation C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: (1) case D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Negotiator: Linn Livingston, Human Resources Director Employee Organization: Mid -Management Unit G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: IVDA Redevelopment Project Area 1. Property Address: Southeast corner of Highland Avenue and Central Avenue APN: 1191-282-01 2 05/07/2007 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Bradley McCall, LLC, property owner/seller (TELACU IV) Under Negotiation: Purchase price, terms and conditions Central City North Redevelopment Project Area (Downtown Acquisition Program) 2. Property Address: 795 W. 5' Street (Paradise Motel) APN: 0134-093-41 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Tien Lee International Limited Corp., property owner/seller Under Negotiation: Purchase price, terms and conditions 3. Property Address: 701 W. 5' Street (vacant building 5th & G Streets) APN: 0134-093-08 and 09 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, and Infinite State, property owner Under Negotiation: Purchase price, terms and conditions City Attorney Penman announced that during closed session the following matter was discussed under Agenda Item No. 1B, significant exposure to litigation: Agenda Item No. R41. Closed Session Announcement City Clerk Clark announced that during closed session the Council voted unanimously to file an appeal in the following case: J.R., et al. v. City of San Bernardino - United States District Court Case No. 05-1045 JWJ. 3 05/07/2007 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 Reverend Jose Vindel of St. Paul's United Methodist Church, followed by the pledge of allegiance, led by Becca Odening of Anderson School. Moment of Silence Mayor Morris extended condolences to the families and requested a moment of silence in memory of Bing Sum Wong, owner of Bing's Famous Cathay Inn on Highland Avenue, known for his philanthropic efforts and community service, who passed away at the age of 95; and San Bernardino native John R. Livacich, owner for over 50 years of John Livacich Produce, Inc., one of the largest farming operations in the United States. 2. Appointments Mayor Morris • Dr. Thomas Pierce - reappointment - Community Development Citizen Advisory Committee • Esther Jimenez - Civil Service Board • Evelyn Alexander - Civil Service Board • Thomas Gordon Rennard - Board of Library Trustees • Casey Dailey - alternate member - Planning Commission Council Member Baxter • Ray Shaffer, Jr. - reappointment - Board of Fire Commissioners Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the appointments/reappointments of Dr. Thomas Pierce, Esther Jiminez, Evelyn Alexander, Thomas Gordon Rennard, Casey Dailey, and Ray Shaffer, Jr., as requested by Mayor Morris and Council Member/Commissioner Baxter, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 4 05/07/2007 3. Proclamations & Presentations Mayor Morris presented a proclamation designating the week of May 6-12 as Building Safety Week in the City of San Bernardino to Joseph Lease, Building Official with the City's Development Services Department. Mayor Morris presented a proclamation designating the month of May as Law Enforcement Month to Mike Gallo, Chairman of the Board for the San Bernardino Area Chamber of Commerce, and Jack Hill, Vice Chairman for Community Support. Council Member Estrada presented a Citizen of the Month award to Mr. Bobby Vega in recognition of his many contributions to the community. 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 Baxter made a motion, seconded by Council Member/Commissioner Estrada, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6. Council Minutes Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: March 5, 2007, March 19, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 5 05/07/2007 7. Claims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated April 23, 2007, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8. Personnel Actions Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the personnel actions, as submitted by the Chief Examiner, dated May 3, 2007, 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, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. RES. 2007-131 - Resolution of the Mayor and Common Council of the City of San Bernardino requesting that the City of San Bernardino's Primary Municipal Election be consolidated with the November 6, 2007 Consolidated Election conducted by the County of San Bernardino. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-131 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. ORD. MC-1245 - Ordinance of the City of San Bernardino adding Chapter 2.23 to Title 2 of the San Bernardino Municipal Code establishing the Historical Preservation Commission. FINAL READING. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. 6 05/07/2007 Ordinance No. MC-1245 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. RES. 2007-132 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution... designating certain streets, or portions thereof as through highways..." and establishing a three-way stop at the intersection of Northpark Boulevard and Sierra Drive. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-132 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. RES. 2007-133 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution ... designating certain streets, or portions thereof as through highways..." and declaring Hill Drive a through highway from and including F Street to and including Mayfield Avenue. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-133 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. Authorization to proceed and approval of Plan No. 12171 - proposed vacation of an east -west alley, northerly of Little League Drive and east of Magnolia Avenue Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Development Services and the City Clerk be authorized to proceed with the proposed vacation of an east - west alley, northerly of Little League Drive and east of Magnolia Avenue; and that Plan No. 12171 showing the proposed vacation of an east -west alley, northerly of Little League Drive and east of Magnolia Avenue, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7 05/07/2007 14. RES. 2007-134 - 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 4233 and 4235 Fourth Avenue. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, 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 4233 and 4235 Fourth Avenue; and that said resolution be adopted. The motion carried and Resolution No. 2007-134 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2007-135 - Resolution of the City of San Bernardino approving Amendment No. 2 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 Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-135 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. Request for fee waiver - Our Lady of the Assumption School Annual Family Fun Fair Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council approve the request for a waiver of fees associated with a Temporary Use Permit for the Our Lady of the Assumption School Annual Family Fun Fair. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2007-136 - Resolution authorizing and approving the borrowing of funds for Fiscal Year 2007-2008; the issuance and sale of a 2007-2008 Tax and Revenue Anticipation Note therefore and participation in the California Communities Cash Flow Financing Program. 8 05/07/2007 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-136 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2007-143 - Resolution of the City of San Bernardino authorizing the purchase of 37 Motorola XTS 2500 portable radios, 20 Motorola XTL 2500 mobile radios and 10 Motorola VRM 850 vehicle radio modems from Motorola, Inc.; 10 mobile data computers from GTSI Corp.; and 10 light bars from Federal Signal Corporation. City Clerk Clark announced that the Director of Finance had advised that the motion needed to include language authorizing the Director of Finance to amend the FY 2006/2007 adopted budget, as outlined in the staff report. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted, and that the Director of Finance be authorized to amend the FY 2006/2007 adopted budget as outlined in the staff report dated April 9, 2007, from Tom Marek, Director of IT. The motion carried and Resolution No. 2007-143 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2007-137 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to maintenance contract with Imagine Systems of San Bernardino for desktop/printer repairs. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-137 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2007-138 - Resolution of the Mayor and Common Council authorizing the City Manager to execute a Management Agreement between the City of San Bernardino and Coast Soccer League to provide management services at the San Bernardino Soccer Complex for the dates May 5-6, 12, 19-20, 26- 28 and June 2-3, 23-26, and July 14-15, and September 8-9, 2007 and ratifying any action taken prior to the execution of this resolution. 9 05/07/2007 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-138 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2007-139 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a Federal Emergency Food and Shelter Program grant application through the Federal Emergency Management Agency (FEMA) for emergency food, utility and shelter funds for the period of October 1, 2006 through September 30, 2007, and ratifying any action taken prior to the execution of this resolution. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-139 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2007-144 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Professional Services Agreement with David Evans and Associates in the amount of $113,567 for the purpose of preparing preliminary plans for the proposed Verdemont Community Center. Council Member/Commissioner Kelley 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 Development Impact Fees (DIF) budget and transfer $88,600 from Account No. 268-488- 5504-7745 ("Park & Facility Design Services PR0712") to Account No. 268- 488-5504-7743 ("Select & Design Verdemont Community Center PR04-28"). The motion carried and Resolution No. 2007-144 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. Item Deleted 10 05/07/2007 24. RES. 2007-140 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance to amend the FY 06- 07 Budget by transferring $94,500.00 into Account Number 240-379-5504- 7604 and $65,200.00 into Account Number 240-379-5504-7644 in order to close out FY 05-06 CIP projects. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Finance be authorized to amend the FY 2006/07 budget by transferring $94,500 into Account No. 240- 379-5504-7604 and $65,200 into Account No. 240-379-5504-7644 in order to close out FY 2005/06 CIP projects; and that said resolution be adopted. The motion carried and Resolution No. 2007-140 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. RES. 2007-141 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 1 to the Vendor Services Agreement and increase Purchase Order Number 300614 with Nelson Pavement and Grading Corporation (NPG) in the amount of $50,000.00, pursuant to Municipal Code Section 3.04.01011.3, for additional miscellaneous street repairs throughout the City of San Bernardino. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-141 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. RES. 2007-142 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 1 to the Vendor Services Agreement and increase Purchase Order Number 300459 with Zumar Industries, Inc. in the amount of $30,000, pursuant to Municipal Code Section 3.04.010B.3, for the purchase of additional traffic signs for repair, removal, and replacement of damaged, faded and vandalized signs, and installation of new signs located throughout the City of San Bernardino. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 11 05/07/2007 Resolution No. 2007-142 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. RES. 2007-145 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Services Agreement by and between the City of San Bernardino and Telecom Partners Group Corp, dba ATS Communications, a California Corporation, ("Consultant") for the development and implementation of a Wireless Master Plan pursuant to Municipal Code Section 3.04.010B.3. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-145 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28. RES. 2007-146 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of an on-line grant application for the FY 2007 Assistance to Firefighters Grant Program to the Department of Homeland Security in the amount of $663,000. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-146 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29. Request for Civic and Promotional funding of July Parade & Celebration at Arrowhead Credit Union Park Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that $38,000 in Civic and Promotion funding be approved to conduct the 2007 4' of July parade and celebration at Arrowhead Credit Union Park. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12 05/07/2007 30. An Ordinance of the City of San Bernardino amending Chapter 8.54 of the San Bernardino Municipal Code regarding noise. FIRST READING City Attorney Penman stated that there should be a correction on the Request for Council Action under Synopsis of Previous Council action —that it should have listed that at a previous Council meeting Council Member/Commissioner McCammack made a motion to determine the need to take action arose after the agenda was posted and asked that the matter of this ordinance, which she had obtained from another city, be reviewed by the Legislative Review Committee. Jolena Grider, Deputy City Attorney, stated that she had obtained a copy of the Cathedral City ordinance, which had stricter provisions than the City's current ordinance, and she merged the two ordinances to make the City's ordinance stronger. She stated that the new ordinance allows police officers to impound the instrument causing noise, which could include a vehicle if the sound system cannot easily be removed. She advised that the new ordinance makes it a violation if noise is audible at a distance of 50 feet between 8 a.m. and 10 p.m. and at a distance of 25 feet between 10 p.m. and 8 a.m. The ordinance also provides for cost recovery for police department second responses within a 72- hour timeframe. For certain activities the controlled hours of operation are between 8 a.m. and 8 p.m. in residential zones and between the hours of 7 a.m. and 8 p.m. in all other zones. Ms. Grider advised that the new ordinance makes the violation either an infraction or a misdemeanor, so it can be charged either way depending on the facts of the case and whether the person has been charged previously. A minimum fine would be $100 for an infraction; maximum fine would be $1,000 plus up to six months in jail. City Attorney Penman explained that the current ordinance requires a certain decibel level before action can be taken. In this ordinance, if you can hear the noise from your neighbor's yard, or you can hear the noise emanating from a car, the police officer can stop it. And it isn't just a fine —they can actually seize the boom box from somebody's back yard or from their car —and if they can't remove the instrument generating the sound, they can seize the entire car. Paul Sanborn, 3559 Genevieve, San Bernardino, CA, stated that the City needs an ordinance like this and related his experience over the past weekend involving excessive noise and the number of calls made to the police department. He also spoke regarding the excessive graffiti in the city. Roy Ferguson, 288 East 47" Street, San Bernardino, CA, also spoke regarding the need for an enhanced noise ordinance, stating that if there needs to be a second call to the police it should entail a $500-1,000 fine. 13 05/07/2007 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 31. Public meeting - formation of a Landscape Maintenance Assessment District - Chiquita Lane and Date Street area ('Tract Map No. 17576 - Assessment District 1060) 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 Chiquita Lane and Date Street Area Landscape Maintenance Assessment District No. 1060, be closed, and protests and ballots, if any, be carried over to the public hearing on May 21, 2007, at 4:00 p.m. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 32. Public hearing - resolution ordering work - Waterman Avenue and Orange Show Road Area Landscape Maintenance Assessment District No. 1045 - Tract No. 17972 RES. 2007-147 - 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 Waterman Avenue and Orange Show Road area, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1045, 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. 14 05/07/2007 City Clerk Clark advised that a total of 15 ballots had been returned —all in favor of the assessment district. No public comments were received. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2007-147 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 33. Public hearing - resolution ordering work - Pepper Avenue and Rialto Avenue Area Landscape Maintenance Assessment District No. 1050 - Tract No. 17076 RES. 2007-148 - 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 Pepper Avenue and Rialto Avenue area, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1050, 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. City Clerk Clark advised that a total of 14 ballots had been received —all in favor of the assessment district. No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2007-148 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15 05/07/2007 34. Public hearing - resolution ordering work - Mill Street and Meridian Avenue Area Landscape Maintenance Assessment District No. 1061 - Tract No. 17218 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 Mill Street and Meridian Avenue area, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1061, 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. City Clerk Clark advised that the hearing would need to be continued because no ballots had been returned to the City. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/Commission meeting of May 21, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 35. Public hearing - resolution approving annexation - resolution calling a special election - resolution certifying election results - Community Facilities District No. 1033 (Verdemont Fire Station) - Annexation No. 1 RES. 2007-149 - A Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the annexation of territory (Annexation No. 1) to Community Facilities District No. 1033 and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors. (35A) 16 05/07/2007 RES. 2007-150 - A Resolution of the Mayor and Common Council of the City of San Bernardino, California, calling a special election and submitting to the voters of Annexation No. 1 of City of San Bernardino Community Facilities District No. 1033 propositions regarding the annual levy of special taxes within Annexation No. 1 and the establishment of an appropriations limit. (35B) RES. 2007-151 - A Resolution of the Mayor and Common Council of the City of San Bernardino, California, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 1033, Annexation No. 1. (35C) Mayor/Chairman Morris opened the hearing. Valerie Ross, Director of Development Services, advised that last month the Council approved a Mitigation Agreement with three different companies, two of them residential and one industrial. She explained that through the Mitigation Agreement, the applicant has the opportunity to pay the in -lieu fee up -front, or to join the district. In this case, these three different companies chose to join the district, so they will be paying their fees over a 20-year period. She noted that these fees will be for the on -going operation and maintenance of the Verdemont Fire Station. Mayor/Chairman Morris asked City Clerk Clark to confirm that notices of hearings had been mailed. Ms. Clark answered that the hearing notices had been mailed. Mayor/Chairman Morris called for public comments. No public comments were received. Mayor/Chairman Morris asked City Clerk Clark whether any written protests had been received. Ms. Clark replied that no written protests had been received. Mayor/Chairman Morris asked City Clerk Clark whether there were any persons registered to vote within the Community Facilities District, and, if so, the number thereof. Ms. Clark replied that according to certification received from the Registrar of Voters, there were no registered voters in the district. 17 05/07/2007 Mayor/Chairman Morris asked City Clerk Clark whether written consents to hold the Community Facilities District Annexation Elections today had been received from all landowners within the Community Facilities District. Ms. Clark advised that she had received consents from all property owners within the district. Mayor/Chairman Morris asked City Clerk Clark if she concurred in the holding of the Special Elections for the Community Facilities District Annexation today. Ms. Clark answered in the affirmative. Mayor/Chairman Morris stated that since a majority protest had not been filed, that the Council should proceed to annex Annexation No. 1 to the Community Facilities District by adopting those resolutions identified above as (35A) and (35B); and he then read the titles of both resolutions into the record. Council Member/Commissioner Kelley 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 Resolution Nos. 2007-149 and 2007-150 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Mayor/Chairman Morris advised that the hearing was now closed and asked the City Clerk to conduct the Special Election and tabulate and announce the election results. City Clerk Clark announced that three votes had been cast; all in favor of resolutions A and B. Mayor/Chairman Morris stated that having heard the election results and finding that more than two-thirds of the votes received were in favor of the propositions voted upon, he would then ask for a motion to approve the resolution identified above as (35C) and read the title of said resolution C into the record. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution C, be adopted. Resolution No. 2007-151 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18 05/07/2007 36. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Fire Chief to execute an Agreement with the State of California Department of Transportation to use properties for conducting fire -related training activities. (Continued from April 16, 2007) Note: No backup materials were distributed. 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, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 37. Update on Citywide Organizational Review (Continued from April 16, 2007) City Manager Wilson stated that since mid -March City staff had been working with departments to review the results of the Organizational Review and develop an implementation plan. He advised that Council Members/Commissioners Estrada, McCammack, and Derry had met to provide feedback to help with this effort. He stated that he had given the Council members a copy of a document titled, Organizational Review Implementation Plan DRAFT, which outlined the organizational implementation effort. Mr. Wilson advised that the first step was to list all the recommendations in order —a total of 187 recommendations. He noted that approximately a dozen of those items had already been completed, or would be completed in the very near future. They also identified 45 more items that should be completed within 90 days. He noted that most of the other items in the document have longer range completion dates and are organized into subject matter categories. Also, those items which require City Charter changes are identified in their own section; and lastly, staff is recommending about 20 items for deletion for reasons noted in the staff report. Mr. Wilson pointed out that a number of the items would require some future approval by the Mayor and Council, and those would come forward to the Council periodically, as the need arose, for a decision. Also, additional resources would be needed at some point in time to help implement this effort; and the City Manager's office would be recommending some small consulting contracts within the next six to eight months to help implement these recommendations. Council Member/Commissioner Brinker stated that at the previous meeting he had expressed a desire that the City would take a very targeted approach in accomplishing these changes by first addressing the biggest problem, or the area 19 05/07/2007 where they could see the greatest impact for the City's good. He stated that it appeared that they had just taken the easiest items from each area and done those first, and while there was some value to that, it didn't appear to be a very targeted approach to solving some of the issues that we have in our City. He asked Mr. Wilson to explain what methodology they were using, besides just addressing the easiest recommendation to accomplish first. City Manager Wilson stated that the real issue was trying to get their hands around this document, which is three inches of recommendations. He stated that they had simply tried to do some of those things which could be done rather easily, with a plan to delve into the meatier issues with the committee and begin to identify a strategy. He noted, for example, that one of the recommendations was to develop a two-year budget, and that sounded like it could be done pretty easily; however, under that umbrella were probably six or eight other recommendations that all relate to improving the budget process, and it would take anywhere from six to nine months to do it right. He stated that as they looked at one thing, it would lead to another; and to do it right requires a holistic view. Council Member/Commissioner Derry added that the committee had met a couple of times, and they understood the desire to get the things that are of the greatest benefit to the City done first. Unfortunately, those tend to be the most difficult to do, so what they are doing is a multi -phase approach —doing the little things while also working on the tougher projects as well. He stated that they want to see some progress being made as they go through the process, which is why they are not just focusing on the harder tasks, but some of the smaller ones as well. He noted that the more beneficial issues are going to take a number of months, if not over a year. Council Member/Commissioner Estrada stated that one of the things they saw immediately was that they had a lot of sift -through to do —that they need to identify those items that can be administratively handled by the City Manager, but also identify the toughest items that they know are going to require more research, discussion, debate, etc. She pointed out that on the face, some of these items seem rather easy, but they involve a number of details that have to be taken into consideration in order to really come to some kind of a recommendation or a conclusion. So that is what they have been doing —trying to sift through this to set up a methodology so that when it does come to the Council, the members will be able to look at something that is fairly well laid out. Council Member/Commissioner McCammack stated that Mr. Brinker was right —they had to start with a target, but they had 187 targets, which made it very difficult. She stated that she thought all three of the Council members were on the same page in that they were looking for economic efficiency as their number one target, since that was the whole purpose of the audit in the first 20 05/07/2007 place —economic efficiency. With that being said, once they started the sifting and the setting of priorities based on this Council's original goals, they realized that one particular target meant that you had to go to every department and make sure that everybody was on the same page. They all provided input as to what effects it would have upon their departments. She stated that they started with Finance, because that was the biggest one to tackle, since it had the most arms touching every single department in terms of efficiency. She stated that it may not seem like it, but they really are targeted, and they are looking for economic efficiency first. Council Member/Commissioner Brinker stated that he had hoped they would start with development services due to the challenges the City has experienced in bringing developers to our City. He asked if the others agreed that development services needed to be one of the first top-level priorities to fix so they could get the development going in the City. Mayor/Chairman Morris stated that he thought the whole Council, and certainly the Mayor's office, was concerned about the very issues that Mr. Brinker was, and that is Development Services and our failure to promptly respond to the needs of those who would develop among us good projects. He stated that he was confident the three members of the committee and the City Manager were working diligently to address this in a variety of ways; and it may be that one of the consultant contracts will focus specifically on that issue. Mr. Brinker asked how often the other Council members would have opportunities to add their comments here at the Council table, and how often the committee would be coming back to the others with updates and reports. He stated that he wanted to be a part of the process and wanted to make sure that they continue to have their voices heard on this issue. He stated that he would continue to bring it up on his own, but he would like to bring it up in the context of what is actually happening and making sure that the community is aware and informed. City Manager Wilson stated that this was something the committee had touched upon, but they hadn't identified time frames. However, he sensed that they would come back to the full Council with an update on what is going on every two to three months. He pointed out that as they move beyond what is relatively easy, they will be delving into the more significant issues, and it's going to take more time to get things done, so he thought 60-90 days would be a fair schedule to return with a report. Council Member/Commissioner Estrada stated that she thought they would be reporting back in terms of what they are doing, when they are doing it —that it won't be that long of time before things are brought back to the full Council for decision making. 21 05/07/2007 Council Member/Commissioner Derry stated that many of these things are administrative in nature and take no legislative action by the Council, so as those issues come to the forefront, the committee will be acting on them and having the full hearings at that time. Council Member/Commissioner McCammack stated that it took her awhile to realize that even though there are committees, if you are not part of the committee, agendize the item and get it out there. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Council receive and file the update on the Citywide Organizational Review. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Kelley. 38. Dinner Workshop - presentation on the Incident Command System - Economic Development Agency Conference Room The following fire personnel provided a lecture/PowerPoint presentation regarding the City's Incident Command System and answered questions posed by the Council: Howard Bennett, Training Chief; Mat Fratus, Deputy Fire Chief; and Michael Conrad, Fire Chief. COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney Penman, Economic Development Agency Executive Director Pacheco and Special Counsel Sabo, City Clerk Clark. Absent: None. R39. 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 (1) a Redevelopment Cooperation Agreement by and between the Agency and Inland Valley Development Agency ("IVDA") and (2) a Single Family Inclusionary Housing Owner Participation Agreement ("OPA") by and between the Agency and GFC Enterprises, LLC for the development of Lynwood Housing Development (IVDA Redevelopment Project Area). (Continued from April 2, 2007) 22 05/07/2007 Maggie Pacheco, Executive Director, Economic Development Agency, advised that staff was asking for a continuance of this item to June 18, 2007, in order to give Agency staff and the developer an opportunity to work out some of the deal points related to the agreement. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of June 18, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R40. Public hearing - recommended allocations of 2007/2008 Community Development Block Grant (CDBG) Funds; Emergency Shelter Grant (ESG) Funds; HOME Funds Amending the 2006/2007 Annual Action Plan and Reprogramming of 2006/2007 CDBG Funds (Continued from April 16, 2007) RES. 2007-152 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2007-2008 Consolidated Annual Action Plan pertaining solely to the Emergency Shelter Grant (ESG) and HOME appropriations/categories; and authorizing the City Manager to execute any and all HUD contracts or documents as per HUD Regulations. (R40A) RES. 2007-153 - Resolution of the Mayor and Common Council of the City of San Bernardino approving (1) the 2007-2008 Consolidated Annual Action Plan pertaining to Community Development Block Grant (CDBG) Funds (excluding any reference to the allocation of CDBG Funds for the Boys & Girls Club of San Bernardino); (2) an Amendment to the 2006-2007 Annual Action Plan (2005-2010 Consolidated Plan) appropriating $214,000 of unappropriated CDBG Program Income Funds as contained in the attached Staff Report; and (3) authorizing the City Manager to execute any and all HUD contracts or documents as per HUD Regulations. (R40B) RES. 2007-154 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2007-2008 Consolidated Annual Action Plan as it pertains solely to the allocation of Community Development Block Grant (CDBG) Funds to the Boys & Girls Club of San Bernardino. (R40C) The hearing remained open. Maggie Pacheco, Executive Director of the Economic Development Agency, stated that this matter was continued from the Council/Commission meeting of April 16—that it had been referred to the Redevelopment Committee for further consideration; specifically, to deal with the potential reallocation of $114,000 23 05/07/2007 that was proposed to be utilized for the Policing Program and the Park and Recreation Program, and a potential $100,000 of additional program income that materialized at the time of the hearing. She advised that this particular item deals with three components —HOME monies —the affordable housing component —and they did not make any changes there, since they had not received any direction from the Council to modify that allocation. The same thing with the Emergency Shelter Grant —the committee did not make any modification to those funds either. They specifically dealt with the Community Development Block Grant (CDBG) money for the new year and the program income. She stated that staff did go back to the Redevelopment Committee, and they had extensive discussions on this subject, spending several hours going over the allocation of the funding and how the resources should be recommended to the Mayor and Council for consideration. She stated that she wanted to confirm that the Council members had received the new staff report which had inadvertently been left out of their back-up packets and had been distributed earlier today. She noted that this material, particularly Attachment I, represented the recommendations of the Redevelopment Committee meeting of April 19, 2007. Special Counsel Sabo stated that probably Council Member/Commission Johnson should excuse himself from any further discussions as they considered the list of allocations, because the list did include the Boys and Girls Club. He noted that Mr. Johnson did not participate in the discussion at the Redevelopment Committee meeting when they discussed this item. Council Member/Commissioner Johnson stated that he did serve on the Board of the Boys and Girls Club. City Attorney Penman advised that very often a Council member will decide to recuse themselves on an agency where they are a board member; however, the Fair Political Practices Commission (FPPC) and attorney general of the state have opined that it is not necessary to do that as long as the nonprofit is not a major source of income. Therefore, you do not have to recuse yourself or abstain from voting just because you are a member of the board. He stated that a Council member may wish to do so for appearance reasons, but they are not legally required to do so. Therefore, if it is a volunteer board, there would be no requirement for the Council members to recuse themselves. Council Member/Commissioner Johnson stated that during the discussion he did not want to recuse himself, however, when it came to voting, he would like the vote to be taken on Resolutions A and B separately from Resolution C, which specifically addresses the Boys and Girls Club. 24 05/07/2007 Ms. Pacheco distributed a new Attachment I, explaining that there was one number that was transposed in Section B, Item 6. She stated that Attachment I was basically the recommendations of the Redevelopment Committee, allocating additional funding to the 24 original organizations that the Citizen Advisory Committee had recommended funding. In addition, the Redevelopment Committee had recommended funding of $10,000 to four new organizations, shown as Nos. 25, 26, 27, and 28 on Attachment I. She stated that two other items were recommended for funding by the Redevelopment Committee —Item Nos. 7 and 8 under Section B—graffiti removal in the amount of $62,491 and the EDA owned Sturges Auditorium Renovation and/or Operations in the amount of $75,000. Ms. Pacheco stated that the rationale and the justification for the Redevelopment Committee's re -appropriation of this funding was noted on page 4 of the staff report. Taking into consideration the amount of time that the Advisory Committee spent in allocating the funding, the Redevelopment Committee wanted to honor the commitment and the work done by the Advisory Committee and simply wanted to augment their work and allocate funding accordingly. Council Member/Commissioner Estrada stated that essentially what happened is that the Redevelopment Committee did what the Council asked them to do, which was to take the $114,000 that had been allocated to PAL and the Police Activity League activities, and an additional $100,000 that is income that comes in from various programs to the Agency, and combine that amount—$214,000— and re -distribute that money to the applying agencies. Therefore, the applying agencies, with the exception of the last four, had all of their original allocations increased; and these increases were done on the same formula that the Citizen Advisory Committee used in grading the applications; therefore, the higher the rating of the application, the higher the amount of money allocated. Also, agencies that were not originally recommended for funding were given an allocation by the Redevelopment Committee, because they thought the work of these agencies was commendable. Christy Elshof, Board President, YWCA of Greater San Bernardino, 567 N. Sierra Way, San Bernardino, CA, expressed appreciation for the increase, noting that they have been in San Bernardino for 94 years and are working to make it to 100 years. She stressed how important the nonprofits are to the community. Marsha Olguin, Mary's Mercy Center/Mary's Table, 641 Roberds Avenue, San Bernardino, CA, stated that they also were grateful for the additional funding —that they have been in operation and serving the community for 20 years. She thanked the Mayor and Council for their many years of support. 25 05/07/2007 Cheryl Fischer, Assistance League of San Bernardino, 635 North Road, San Bernardino, CA, thanked the Mayor and Council for their support, stating that the League serves about 7,000 children in their dental center each year — children who do not have dental insurance and are not on welfare. They also help to clothe 300 children who are referred by the public schools because they do not have adequate clothing to attend school. Anna Cox, Community Development Citizen Advisory Committee Chairperson, 1965 Belle Street, San Bernardino, CA, thanked the Mayor and Council for the extra funding, making increased funding to the nonprofits possible. She stated that she just wished that they could fund even more. Anna Ulibarri, 29108 Maplewood Avenue, Highland, CA, Project Life Impact, thanked the Council and the Advisory Committee for the time they spent on determining allocations. She stated they are a new nonprofit since February 2005, and expressed appreciation for their allocation. Jack Avakian, Chief Volunteer Officer at the YMCA (effective June 1), thanked the Mayor and Council for their allocation on behalf of the more than 11,000 children they serve. Council Member/Commissioner Brinker noted that at the last meeting he had talked about the need for increasing these kinds of funds, and the idea that this is the appropriate funding source for these kinds of projects. He stated that he was particularly pleased by the allocation for graffiti removal. He noted that earlier in the meeting, during public comments, he had distributed his initial graffiti plan to the people at the dais, but he didn't really say anything for the public record. At this time, he briefly reviewed the items on his Initial Graffiti Plan, as follows: 1. Coordination of all aspects (identification, apprehension, clean-up) 2. Stricter enforcement of curfew. 3. Targeted approach to graffiti clean-up 4. Partnerships with the business community, neighborhood associations, schools 5. Creation of a permanent funding stream Mr. Brinker stated that he was looking forward to the upcoming budget discussions to take this to the next level and find that permanent source of funding to really attack this problem. He stated that he couldn't say thank -you enough to everybody involved in this, because this meets and exceeds what he had hoped to do with the CDBG this year. 26 05/07/2007 City Attorney Penman advised that the City Attorney's office and the Police Department routinely, regularly, and frequently refer people to a number of the agencies listed on Attachment I. Among those are Central City Lutheran Mission for homeless men; Frazee Community Center for housing and food; Legal Aid Society of San Bernardino for a multitude of things; Mary's Mercy Center, Option House, Inc., San Bernardino Sexual Assault Services, and the Salvation Army, which also provide shelter. He noted that at the Council meeting on April 16, the recommendation had been to cut a number of these agencies, or to give them the same amount of money that they had received last year. He stated that he wanted to thank first, the four Council members that insisted it go back; and then the full Council, who agreed to giving these increases, which are all really necessary. Mr. Penman stated that he wanted to review very briefly the process we are now using for allocating the CDBG funds, because there are some changes that can legally be made. He stated that it started off in the 1960's with the war on poverty —the cities received a certain amount of money for that. In the early 1970's, a change came about with the Revenue Sharing Money. When the Revenue Sharing Money came in, the City's Human Relations Committee took all the applications, reviewed them, then came to the Council and gave them their recommendations. Subsequently, under either President Carter or President Reagan, we went to CDBG money. He noted that some of the Council members thought that CDBG money was RDA money; however, it is not. He pointed out that the CDBG funds do not go to the Redevelopment Agency —they go to the City. He explained that the decision was made some years back to have the RDA administer the CDBG grants because they had experience in dealing with government grants. The big issue, and the issue some of Council members are still concerned about, is the Advisory Committee. According to Mr. Penman, the CDBG requirements were that there be public input into how this money was to be spent, and most cities decided that the public input would be at meetings such as this one, where the public could just come down and talk. However, our City went a step further and decided to appoint a CDBG committee to review the applications and make the recommendations. We did that because when the Revenue Sharing Money ended, the Human Relations Commission was dissolved, because it's main purpose was to go over these grants. Today we have the process of having the applications go to the Citizen Advisory Committee, they do the reviews, and people can come and speak there, then they come to the Council. However, it is the choice of the Council how you do 27 05/07/2007 it from a legal standpoint —there just has to be public input. He stated that he was not advocating one way or the other —he was not even advocating a change; however, some of the Council members had questioned whether there had to be a committee. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that said resolutions A and B, be adopted. The motion carried and Resolution Nos. 2007-152 and 2007-153 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution C, be adopted. Resolution No. 2007-154 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCammack. Nays: None. Abstentions: Council Member/Commissioner Johnson. Absent: None. R41. RES. CDC/2007-11 - Resolution of the Community Development Commission of the City of San Bernardino making certain findings and determinations and granting of official consent pursuant to State of California Business & Professions Code Section 5273 regarding a certain off -site advertising sign adjacent to I-215 Freeway to Arrowhead Central Credit Union, a State chartered credit union (Central City Redevelopment Project Area). City Attorney Penman stated that for the record he wanted to correct one statement in the staff report —that on the first page, the last paragraph (under CURRENT ISSUE:) it talks about "The State of California Business and Professions Code, Section 5273, states that no off -site freeway sign may be erected or displayed within a redevelopment project area unless the applicable redevelopment agency has given its consent. In addition, the Code further states that only businesses and activities that are conducted within the project area in which the Sign is erected may advertise on that off -site freeway sign." Also there is a comment in the last sentence that states, "Hence it appears that the sign was entitled and the Licensing Agreement entered into without the knowledge of the existence of the State Code." 28 05/07/2007 According to Mr. Penman, Valerie Ross, Director of Development Services, was present, and Henry Empeno, the Planning attorney, and both raised this issue at several different meetings. The Mayor was at some of those meetings. The issue was not only raised, but it was discussed in some detail that there were restrictions as to what could be advertised on the sign, and apparently, although the City was not involved —his office certainly wasn't, they never saw the application to Caltrans, nor were they involved in that approval process — and the only thing they can figure is that someone thought that Caltrans issued the permit, and that the issue would be taken care of, which is, of course, two separate things. He stated that he just wanted to make the record clear on that. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDC/2007-11 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R42. RES. CDC/2007-12 - 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 (the "Agency") to execute the Exclusive Right to Negotiate and Redevelopment Project Study Agreement by and between the Agency and LNR, San Bernardino, LLC (the "Developer") related to the Carousel Mall (Central City Redevelopment Project Area). Maggie Pacheco, Executive Director, Economic Development Agency, stated that this particular item would allow the Agency to enter into an exclusive right to negotiate with LNR for purposes of exploring the development of the Carousel Mall site, including the Agency property, which is surface parking and the parking garage. She pointed out that there was a short time attached to this exclusive right to negotiate agreement —January 31, 2008; however, staff was optimistic that LNR would be able to complete all necessary elements between now and January. They would then be able to present to the Council a project and development agreement. She advised that at the Redevelopment Committee meeting, the members of the committee requested that a requirement be incorporated that the Agency Executive Director would provide a status report every 90 days on this transaction to the Council/Commission. Council Member/Commissioner Derry asked what criteria LNR was supposed to provide during the 90-day period to show that they are performing in a satisfactory manner and on schedule. 29 05/07/2007 Special Counsel Sabo advised that designs were included in Section 5, page 6 of the agreement, and what staff would be looking for in the first 90-day period is to have LNR complete all of the comments that were given to them by the Planning Department. He stated that LNR would owe them another draft of the specific plan and the screen checked EIR to officially start that clock running on the entitlement process. Mr. Sabo advised that LNR had previously submitted a draft specific plan and a screen checked EIR; and Planning Department staff and an outside consultant retained by EDA had gone through it thoroughly and given them comments. Now they were waiting for LNR to respond to those comments and come back with another document —so during the first 90 days, it would be a matter of submitting and processing that. He stated that once they get through that process, he would say the second 90 days they would be well into the process of negotiating the Disposition and Development Agreement, defining a lot of the criteria to be included in the final DDA, the timing of the takedown of the land, phasing, demolition, construction of the new buildings and things such as that. The final 90-day period, which would get them to the end of the year, would probably be to see how we are with regard to the comments on the draft EIR, comments on the specific plan, and complete the process. Also during that time, we have to either negotiate, or somehow rescind, the reciprocal easement agreement and to have all the entitlements in place so once we do complete the City entitlement process they would be able to move forward. Council Member/Commissioner Derry noted that on page 2 of the draft it mentions that the developer has a formal purchase and sales agreement for the J C Penney's building. Mr. Sabo stated that that was as of the date when this was first prepared, and that was their understanding at that time, but they know now that there is no sales agreement —there were discussions, but there is no sales agreement as of this date. Mr. Derry stated that he had one other question regarding the fact that they are going through this whole Urban Land Institute issue, which includes this small project area. He stated he was very familiar with the fact that LNR had an exclusive right to negotiate which expired in November 2006, so for the past several months we have requested that LNR reissue an exclusive right to negotiate and they refused. Now we have voluntarily gone into the Urban Land Institute and engaged that process, and now LNR is coming forward with this. He questioned why the Council/Commission would sign an exclusive right to negotiate through January, when the Urban Land Institute that the Council/County is bringing on in late June may have input regarding this matter. 30 05/07/2007 Ms. Pacheco advised that the exclusive right to negotiate doesn't lock the Council/Commission into a process. She noted, however, that it certainly indicates a level of commitment on the part of this body to continue to work with LNR, who is the owner of the Carousel Mall; but clearly the final approval of any project is when the Council/Commission takes action relative to all of these matters that are outlined in the staff report —the EIR, the specific plan, the development agreement, the settlement agreement, which are still subject to the review and approval of this body. Special Counsel Sabo stated that there is a provision in Section 20 of the agreement that if for some reason the ULI recommendation comes back adverse, and if LNR does not fulfill their obligations under the agreement, we do have the right to terminate, so it's not as though we would be locked in if they were to abandon the specific plan process. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. CDC/2007-12 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: Council Member/Commissioner Derry. Absent: None. PLANNING 43. Public hearing - Conditional Use Permit No. 06-24 (Appeal No. 07-02) - an appeal of a Planning Commission approval of additional antennas and equipment at an existing communication tower site, with a requirement to replace the existing non -stealth monopole tower with a monopine - project site 1093 West 5' Street in the CH, Commercial Heavy, land use district Mayor/Chairman Morris opened the hearing. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/Commission meeting of May 21, 2007 at 4:30 p.m. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 31 05/07/2007 44. Public Comments Joseph Turner, P.O. Box 91000, San Bernardino, CA, stated that last week he had posted a blog questioning the information contained in the Statements of Economic Interests filed by Jim Morris, Mayor's Chief of Staff; and he asked Mayor Morris what kind of financial support the mayor was providing for his son. City Attorney Penman stated that his office reviews all statements of economic interests; that they reviewed Jim Morris' statement and found nothing wrong or suspicious. Mayor Morris stated that Jim Morris had responded to Mr. Turner's blog and his response could be found at www.redcountysb.com. Margaret Sherman, The Hudson Theater, 295 East Caroline, San Bernardino, CA, invited the Mayor and Council to the theater's grand opening, a tribute to Frank Sinatra, on May 15, 5-7 p.m. Tierney Harris, 2025 Sunrise Lane, San Bernardino, CA, spoke regarding the amount of crime and graffiti in her area and requested that someone show some attention to these problems. Paul Sanborn, 3559 Genevieve, San Bernardino, CA, spoke regarding the difficulty in getting building inspection personnel to call contractors back with inspection times; suggested gas tanks be installed at the Police Department rather than officers having to refuel at the City Yards; and noted that the mayor had implemented a program to clean this town up, but if others have better ideas they should bring them forward. Kevin Mitchell, 6794 Little League Drive, San Bernardino, CA, spoke regarding Meyers Creek, which is a soft channel, and the fact that they have been flooded out for the past three years. He requested that the Mayor and Council approve a hydrology study for the area, particularly in light of all the new homes in the area, which will be dumping into the flood control channel. Hank Mitchell, 3766 Belmont Avenue, San Bernardino, CA, also spoke regarding Meyers Creek, stating that they have brought this problem to the attention of people at City Hall for more than five years. He advised that they have stated the problem with facts and pictures, and although their goal is not to mitigate, the rains are coming, and it appears their only solution is to sue to stop additional development, which he does not want to do. 32 05/07/2007 Note: The Mitchell's submitted a CD and a document titled, Notification to: City of San Bernardino of: Inadequate Flood Control and Drainage Infrastructure, and Inadequate Protection of Private and Public Properties from Flooding and Mud Flows in the Meyers Creek Flood Control Channel System. Mayor Morris referred the matter to the City Manager, and noted that the disc provided by the Mitchell's would be reviewed by the Legislative Review Committee. City Manager Wilson advised that there is funding in the CIP for the hydrology study in next year's budget. 45. Adjournment At 8:15 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, May 21, 2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Hours: 6.75 RACHEL G. CLARK City pClerk By: C Linda E. Hartzel Deputy City Clerk 33 05/07/2007