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HomeMy WebLinkAbout06-18-2007 MinutesCITY 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 Tobin Brinker Neil Derry Chas Kelley Rikke Van Johnson Wendy McCan:nrack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JUNE 18, 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 1:33 p.m., Monday, June 18, 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, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: None. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): City of San Bernardino v. San Bernardino Stampede, Inc. Also known as the Inland Empire 66er's Baseball Club of San Bernardino, Inc. and Does 1-10 - San Bernardino Superior Court Case No. SCVSS 137723; Fu San v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 117349. 06/ 18/2007 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 of Maria Laura Martinez Inland Communities Corp. v. City of San Bernardino, et al. (Paradise Hills) Water Department Master Services MOU Public Library Funds C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City v. Michelle Altman, Carmax Auto Superstores Michael Garland v. State of California, et. al. - SCVSS 144135 City v. Esther Lira Solis 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. City Attorney Penman announced that two additional cases would be discussed in closed session under Agenda Item No. 113, significant exposure to litigation. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. 2 06/18/2007 Invocation/Pledge of Allegiance The invocation was given by Pastor Joel Alvarado from the Rock Church, followed by the pledge of allegiance, led by Councilman Rikke Van Johnson. Moment of Silence Mayor/Chairman Morris extended condolences to the families and requested a moment of silence in memory of Barbara Kassel, a longtime resident of San Bernardino and wife of prominent local attorney Philip Kassel; and Adrian Barajas, a senior at San Gorgonio High School who was involved in a traffic accident. 2. Appointments • Audrey Iverson - Mobile Home Board - Mayor Morris • Alex Aldasoro - Parks & Recreation Commission - Council Member Brinker • Cheryl Brown - Historical Preservation Commission - Council Member Johnson Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the appointments of Audrey Iverson, Alex Aldasoro, and Cheryl Brown, as requested by Mayor Morris and Council Members Brinker and Johnson, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 3. Presentations The First Quarter 2007 Customer Service Award was presented to Beverly Natividad, Administrative Clerk in the Development Services Department. The first 2007 Employee of the Quarter Award was presented to Margaret Urquides, Administrative Clerk III in the Mayor's Office. Peggi Hazlett, Assistant to the Mayor, read the names of the following individuals who were presented a service pin award by Mayor/Chairman Morris in recognition of their many years of dedicated service to the City: Name Dolores Delgado James F. Penman Fred Wilson Cynthia Piepmeier Kevin Jeffery Anthony King Consuelo Ramirez Department City Attorney City Attorney City Manager Development Services Police Police Police Years of Service 20 20 20 25 10 10 30 3 06/18/2007 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 Johnson, 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. Claims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated May 31, 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. 7. Personnel Actions Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Chief Examiner, dated June 13, 2007 (Revised 6/18/07) 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. 8. ORD. MC-1248 — An Ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 8.82.010 of Chapter 8.82 regarding recovery of expenses for extraordinary law enforcement services. FINAL READING 4 06/18/2007 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be adopted. Ordinance No. MC-1248 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. Ordinances approving and adopting an Eminent Domain Program for all Redevelopment Project Areas ORD. MC-1249 - Ordinance of the City of San Bernardino approving and adopting an Eminent Domain Program in compliance with the California Community Redevelopment Law for State College Redevelopment Project Area; Merged Central City/Meadowbrook Redevelopment Project Area; Central City North Redevelopment Project Area; Central City South Redevelopment Project Area; Central City East Redevelopment Project Area; Mt. Vernon Corridor Redevelopment Project Area; 40' Street Redevelopment Project Area; Central City West Redevelopment Project Area; Southeast Industrial Park Redevelopment Project Area; Northwest Redevelopment Project Area; Tri-City Redevelopment Project Area; and South Valle Redevelopment Project Area. FINAL READING (9A) ORD. MC-1250 - Ordinance of the City of San Bernardino approving and adopting an Eminent Domain Program in compliance with the California Community Redevelopment Law for Uptown Redevelopment Project Area. FINAL READING (9B) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said ordinances A&B, be adopted. Ordinance Nos. MC-1249 and MC-1250 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2007-201 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 2007/2008. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-201 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 5 06/18/2007 11. RES. 2007-186 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Agreement by and between the Inland Valley Development Agency and the City of San Bernardino for provision of City services for Fiscal Year 2007/2008. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted; and that the Director of Finance be authorized to increase Account No. 001-183-5505 by $100,000 for expedited engineering services, and revenue Account No. 001-000- 4671 by $100,000 to reflect corresponding reimbursement. The motion carried and Resolution No. 2007-186 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. RES. 2007-202 - Resolution of the City of San Bernardino authorizing execution of a Services Agreement with Los Padrinos Youth Services, Inc., a non-profit organization. Council Member/Commissioner Brinker stated that about two months ago he expressed his concern about how the City handles graffiti and now they were going to reauthorize a contract with Los Padrinos and would essentially be doing things the same way without making any adjustments. Mr. Brinker asked the Council to consider not voting on this matter at this time so they could have some discussion and perhaps give some direction to staff as to what they'd like to see in the contract. Mr. Brinker stated that he would like to see them pull curb appeal and some of the other assignments Los Padrinos is doing and find some other entity to do that so they can refocus their mission on taking care of graffiti in the City. Mayor/Chairman Morris stated that they have discussed the fact that Los Padrinos has been assigned a host of tasks with regard to blight that includes doing close- ups when they remove and vacate residences. He stated that they do have other assignments that distract them from what was once their primary purpose and that is graffiti removal. Mayor Morris stated that Los Padrinos is listed in the budget to receive an additional $75,000, and as they review the resources for the expansion of Operation Phoenix, his hope is that they might consider using a portion of Measure Z monies to bulk up their assignments and capacity to deliver these services in a more robust way. City Manager Wilson stated that he recalled the discussion with Mr. Brinker about the need to look at different ways to enhance graffiti services, and he has also heard from a number of Council members in the last few months about that 6 06/18/2007 very issue. He suggested that they extend the contract on a month -to -month basis and work with the Council members through a committee to begin to look at some different alternatives for how they can address the graffiti issues in the City. Mayor/Chairman Morris stated that there has been a substantial increase in graffiti on walls, curbstones, streets and overpasses. Council Member/Commissioner Estrada stated that she has also noticed an increase in graffiti on the south side. She asked how they prioritize areas and questioned how much collaboration there is between the Director of Code Compliance and the Police Chief relative to gang activities. She also asked how that impacts the specific areas in the community that are really being affected. Glenn Baude, Director of Code Compliance, provided an overview of the increase in graffiti in the area last year compared to this year through June 1, 2007. He stated that the goal of Los Padrinos is to remove graffiti within 24 hours. Mr. Baude stated that every time there is graffiti on the walls, Los Padrinos takes a picture of it and then turns it over to the graffiti task force. He stated that they are hoping to add one crew through the Redevelopment Agency's funding and another crew through the focus areas in Operation Phoenix. As far as priority, Mr. Baude stated that the goal of Los Padrinos is to paint out graffiti in 24 hours, but because of the explosion of graffiti, that is not happening. He stated that it is not a problem of trying to match the paint, but after the paint is ten years old it's not the same color it was originally. Council Member/Commissioner Estrada stated that they talked about setting up cameras some time ago and she wondered if better use of their money wouldn't be to set up a place where they could monitor cameras all over the City, especially in those areas that are considered hot spots. Ms. Estrada stated that relative to the collaboration between the Police Department and Code Enforcement, when you're talking about graffiti it doesn't necessarily have to be a policeman that's involved in the data gathering, but the Police Department knows the signs of the new gangs that have come into the area. She wanted to know what they are doing collectively to try to identify the people from those gangs that are tagging our City. Ms. Estrada asked if they should start giving rewards to people who report taggers and get license plate numbers. She stated that she hated the thought of big brother, but this is costing the taxpayers a lot of money and she is interested in catching the hooligans who are doing this and putting them in jail where they belong. Mr. Baude stated that cameras are effective and that Public Services decides where they will be located. He stated that they have 25 cameras out there and usually there is no graffiti or illegal dumping while the camera is there because the camera tells them that they are being observed, a picture is being taken, and it will be turned over to the police for prosecution. Mr. Baude stated that there are 7 06/18/2007 new cameras out now that can monitor offenders on line instead of just taking their picture. Council Member/Commissioner Estrada asked what was the cost of the cameras and could they get a grant to purchase more of them. He stated that the basic cameras they currently have take digital pictures and cost $2,000 to $2,200 each. Mayor/Chairman Morris stated that they have applied for a $1 million Weed and Seed Grant and a portion of that grant could be utilized to reinforce their anti - graffiti effort if that would qualify under the grant. Council Member/Commissioner McCammack stated that Sergeant Waldo's program is modeled all over the state, but she understood that sometimes it takes almost six months to get caught up with the trend on whose tagging and where they are and where they are moving to. She stated that perhaps with some Measure Z money they could increase the graffiti task force so they wouldn't have to increase funding to Los Padrinos. Ms. McCammck stated that her concern was that she has personally seen Los Padrinos covering graffiti without taking photos so she would like to make sure that if they are going to cover it they need to take the photos, and if they're digital, they need to turn the cards over to the Police Department or to Sergeant Waldo. She stated that the biggest concern that the public has is when they have caught someone in the act and they cannot get the help they need from the Police Department. Council Member/Commissioner Johnson stated that he was in favor of getting together to talk about some specific strategies on how they could target the graffiti epidemic throughout the City. Mayor/Chairman Morris stated that this could be done in a workshop format for the Council in the near future or it could be done through a committee. Council Member/Commissioner McCammack stated that it should probably be an ad hoc committee so that whatever strategies are talked about become private strategies. She stated that there is already a Police Ad Hoc Committee that she did not believe was subject to the Brown Act. Council Member/Commissioner Brinker asked who was on the Police Ad Hoc Committee. Council Member/Commissioner Kelley stated that he believed it was himself, Council Member Johnson, and the prior Third Ward Council Member. 8 06/18/2007 Council Member/Commissioner Brinker stated that part of the reason he brought this forward was because the current list of items they have does not include any accountability measures for how they deal with graffiti. Also, perhaps when they meet with the ad hoc committee they could discuss how they are coordinating these activities because his concern is that with Los Padrinos doing some things, Code Enforcement doing some things, and the Police Department doing some things, some things may fall through the cracks. Mr. Brinker stated that when he met with Keven Hawkins, the new Parks and Recreation Director, Mr. Hawkins talked about graffiti being one of the issues that he was responsible for at his previous city. He stated that Mr. Hawkins has some expertise and should be involved to some degree in these conversations. Mr. Brinker stated that right now Mr. Hawkins is dealing with these issues to a limited degree within the parks, but because of his previous experience he could probably provide some insight. Mr. Brinker stated that Sergeant Waldo had contacted him and offered to become involved, but he wanted to wait until the Council had a chance to talk about it. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. (Note: No vote was taken at this time.) Mayor/Chairman Morris asked if there was a motion to refer this to the Police Ad Hoc Committee. City Attorney Penman advised that an ad hoc committee of the legislative body would be subject to the Brown Act. If this is an ad hoc committee appointed by the Mayor, and the Council is not involved in appointing it, then it would not be subject to the Brown Act. Mayor/Chairman Morris stated that he would like to make this an ad hoc Mayor's committee and appoint the three members previously identified. City Attorney Penman advised that he did not think the Mayor should do the appointment at this meeting. He stated that the decision should be made independent of the Council. Mayor/Chairman Morris stated that he would talk to the Council privately about their appointments. Council Member/Commissioner Kelley stated that graffiti for some is considered an art form. He stated that they have talked about public murals and public art and since these kids have an appreciation for art, he suggested that artwork with a specific theme be placed in underpasses throughout the City. He stated that it would be a way to help beautify the City, make some improvements, and would certainly serve as a destination point in the City. 9 06/18/2007 Council Member/Commissioner Brinker asked if they would be locking themselves into this agreement with only these particular services if they were to approve it, and if they go back later and want to make changes, what sort of situation have they created for themselves. Mayor/Chairman Morris stated that the City Manger suggested that they extend the agreement on a month -to -month basis obligating themselves only for the amount required to be paid. City Manager Wilson stated that essentially it would be business as usual for the next 90 days until the committee comes back with any recommendations. Council Member/Commissioner Kelley amended his original motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted, and that the agreement be amended to a month -to -month basis, not to exceed 90 days. The motion carried and Resolution No. 2007-202 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2007-187 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Amendment to the Lease Agreement between the City of San Bernardino and Diocese of San Bernardino Education and Welfare Corporation for the benefit of Guadalupe Child Development Center at 1633 West Fifth Street, in San Bernardino. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-187 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. RES. 2007-188 - Resolution of the City of San Bernardino approving Amendment No. 2 to the Five-year Capital Improvement Programs for FY's 2004-2009 & 2005-2010 and Amendment No. 1 to the Four-year Capital Improvement Program for FY 2006-2010 for Measure "I" Local Expenditures. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-188 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10 06/18/2007 15. RES. 2007-204 - 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 authorizing the installation of a one-way stop at the intersection of Roxbury Drive and Cedar Avenue. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-204 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. RES. 2007-189 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 2 to the Agreement for Professional Traffic Modeling Services with Srinivasa S. Bhat. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-189 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. Item Deleted 18. RES. 2007-190 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a Contract to Hood Corporation for construction of underground utilities in Mill Street east of Waterman Avenue to Doolittle Drive (SS07-18), per Project Plan No. 11747. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-190 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2007-191 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance to increase the purchase order amount for the provision of professional building plan review services, to extend Service Agreements with Willdan Associates, Esgil Corporation and California Code Check, and to establish interim purchase orders for FY07-08. 11 06/18/2007 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-191 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. Authorize execution of Change Order No. One with Hillcrest Contracting, Inc. for Street Improvements and Beautification Project on Victoria Avenue from 28' Street to Lynwood Drive (Phase I) (SS05-25), per Project Plan No. 11619 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Development Services be authorized to execute Change Order No. One with Hillcrest Contracting, Inc. in the amount of $480,054 for Street Improvements and Beautification Project on Victoria Avenue from 28' Street to Lynwood Drive (Phase I) (SS05-25), per Project Plan No. 11619. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. Authorize execution of Contract Change Order No. One to the contract with Kirtley Construction, Inc. d.b.a. T K Construction for Storm Drain Improvement at Irvington Avenue and Devil Canyon Basin (SD07-01), per Plan No. 11591 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Development Services be authorized to execute Change Order No. One in the amount of $6,687.47 to Kirtley Construction, Inc. dba T K Construction for Storm Drain Improvement at Irvington Avenue and Devil Canyon Basin (SD07-01), per Plan No. 11591. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2007-192 - Resolution of the City of San Bernardino authorizing an Agreement for Services with Mead & Hunt, Inc. for the preparation of an Airport Land Use Compatibility Plan and approving a Reimbursement Agreement with the San Bernardino International Airport Authority. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. 12 06/18/2007 Resolution No. 2007-192 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. Item Deleted 24. RES. 2007-193 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance or designee to increase the purchase order issued to Zoll Medical Corporation for defibrillators and accessories. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-193 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. Resolution of the Mayor and Common Council of the City of San Bernardino establishing the San Bernardino Bicentennial Ad Hoc Committee for the purpose of planning the celebration of the 200' Anniversary of the founding of San Bernardino. Council Member/Commissioner Kelley stated that this is a wonderful opportunity to organize and prepare for this very important date. He stated that typically a commission is formed with seven members —one from each Council ward and two are appointed by the Mayor's Office. Mr. Kelley stated that it was being proposed that this committee shall consist of seven appointees from the Mayor's Office plus two alternates, or 14 people, and he questioned why so many. Mayor/Chairman Morris stated that there has been an incredible amount of interest expressed in this particular celebration in planning as well as funding. Council Member/Commissioner Kelley stated that it is sometimes difficult for Council Members to find citizens to serve and he was concerned that they were expanding this so much that it was going to be difficult to get that many people involved in this event. He stated that sometimes the bigger the group the harder it is to come to consensus and the harder it is to get anything accomplished. City Clerk Clark stated that when they looked at the composition of the previous Bicentennial Committee (celebrating our Nation's Bicentennial in 1976), that group started out with the standard 9 members and within one month expanded to 22 members. She stated that in looking at the composition of this committee, they tried to find something that would be a little easier to work with-12 members instead of 22. 13 06/18/2007 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the committee consist of two persons from each Council Member's ward, three from the Mayor's office, and two alternates. (Note: No vote was taken.) Council Member/Commissioner McCammack asked if each Council Member had to appoint someone from within their ward. Mayor/Chairman Morris stated that ward appointments are sometimes challenging insofar as finding those who best fit and are interested in the project. He stated that this will require citizens who are deeply vested in our City's history and are excited about the opportunity to celebrate its 200'h anniversary. Mayor/Chairman Morris stated that residency referred to City residency as opposed to ward residency. City Clerk Clark stated that the Mayor's appointees would be "at large" and the wards would be represented by appointees from each of the seven wards. City Attorney Penman stated that the current wording of the resolution states that "Each member of the Ad Hoc Committee nominated by a Council Member shall be and remain a resident of the ward of such Council Member during the term of the appointment, except as may be otherwise provided in Section 3." Mr. Penman stated that because they were talking about significant changes to the resolution, he advised that perhaps this item should be continued so they could make the necessary changes. He stated that if the Council wanted the residency requirement for the ward removed, they would remove it. Mayor/Chairman Morris suggested sending this item back for further consideration. He stated that it may be a challenge for some Council Members to find people within their wards with a vibrant interest in this subject, and he wasn't sure the Council should tie their hands in a committee like this with that kind of restriction. Council Member/Commissioner Kelley recommended that each Council Member shall appoint two members to the committee, the Mayor shall appoint seven members, and that this item be brought back in two weeks. Mayor/Chairman Morris stated that the intent of the resolution is to restrict the Council Members to appointing people within their wards. He asked if they wanted that kind of restriction and, if not, they would have to go back and modify the resolution. 14 06/ 18/2007 Council Member/Commissioner Estrada stated that they should be able to nominate people from throughout the City. Council Member/Commissioner McCammack stated that they need to specify "at large within the City". Mr. Penman stated that he understood that the Council wanted the language about being a resident of the ward removed; however, he asked if the Council wanted the appointees to be registered voters or not. It was the consensus of the Council that the appointees should be registered voters. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of July 2, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. RES. 2007-194 - A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to an annual purchase order, with two single year renewal options, to Waterline Technologies, Inc. for pool chemicals. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2006/07 budget and transfer $11,000 from Account No. 001-389-5014 (Part-time Wages) to Account No. 001- 389-5111 (Materials and Supplies). The motion carried and Resolution No. 2007-194 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. RES. 2007-205 - 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 and repealing Resolution No. 2007-144 approved by Mayor and Common Council on May 7, 2007. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. 15 06/18/2007 Resolution No. 2007-205 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28. RES. 2007-195 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Annual User Agreement with the County of San Bernardino to provide access to the Sheriffs automated systems. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-195 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29. RES. 2007-196 - Resolution of the City of San Bernardino authorizing the obligation and expenditure of the allocated FY 07/08 Justice Assistance Grant (JAG) funds and authorizing the signing of an Interlocal JAG Grant Agreement with the County of San Bernardino. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-196 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 30. RES. 2007-197 - Resolution of the City of San Bernardino authorizing the execution of a Professional Services Agreement to employ Robert Curtis on a part-time basis in Fiscal Year 2007/08. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-197 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 31. RES. 2007-198 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Memorandum of Agreement with the Bureau of Narcotic Enforcement (BNE) and the San Bernardino Police Department for participation in the Gang Suppression Enforcement Team (GSET). 16 06/18/2007 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-198 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 32. Resolution of the City of San Bernardino authorizing the City Manager or his designee to execute the sale of two Kawasaki police motorcycles (as equipped, minus City radios) to the San Bernardino County Sheriff's Emergency Vehicle Operations Center (EVOC) to be used as training motorcycles for basic and instructor police motorcycle classes. These motorcycles are identified as Unit #1005 (VIN #JKAKZCP28ZB519662, a 2002 Kawasaki) and Unit #1006 (VIN #JKAKZCP2XYB517713, a 2000 Kawasaki). Staff requested that this item be continued for two weeks. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of July 2, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 33. RES. 2007-199 - Resolution of the City of San Bernardino authorizing the purchase of 29 Motorola XTS 2500 Portable Radios from Motorola, Inc. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-199 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 34. RES. 2007-200 - A Resolution of the Mayor and Common Council of the City of San Bernardino, successor to the South San Bernardino County Water District, assessing properties within the previous district boundaries in the amount of $15,037.50 for the Fiscal Year 2007/2008. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. 17 06/18/2007 Resolution No. 2007-200 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 35. Public hearing - resolution imposing liens on property located within the City for uncollected business registration fees RES. 2007-203 - 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 Brinker 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. The motion carried and Resolution No. 2007-203 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 36. Resolutions authorizing the City Manager to execute two lease agreements between the City of San Bernardino and Omnipoint Communications Inc. for the lease of 310 square feet of land at Colony Park and 1,000 square feet of land at Wildwood Park. (Continued from June 4, 2007) Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Lease Agreement between the City of San Bernardino and Omnipoint Communications Inc. for the lease of three hundred and ten (310) square feet of land at Colony Park, 153 E Harwick Drive. (36A) Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Lease Agreement between the City of San Bernardino and Omnipoint Communications Inc. for the lease of one thousand square feet (1000) of land at Wildwood Park, 536 E. 40`h Street. (36B) Staff requested that this item be tabled. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be tabled. 18 06/ 18/2007 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 37. Item Deleted 38. Naming new park Veterans Park Mayor/Chairman Morris asked what was the process for naming parks. Council Member/Commission Kelley stated that there is no committee, there is no process, but he has worked long and hard to make sure there is sufficient parkland within our City that all residents can utilize in addition to the trail system. He stated that he thought that past practice has been that it is the responsibility of the Council Member in whose ward the park is located, and he felt that that practice should continue. Council Member/Commissioner Estrada stated that the Parks and Recreation Commission used to be utilized quite a bit for discussion about things like this, but there hasn't been that many new parks in the City over the years so there hasn't been a lot of activity. Mr. Kelley stated that the naming of this park would honor all the men and women who are veterans in the City. It would recognize all those who have served past, present and future. Sergeant Major Guenther Griebau stated that he would like to endorse Councilman Kelley's suggestion relative to a veterans park. Council Member/Commissioner Baxter asked if a memorial of those veterans who have been lost in wars was part of the eventual plan for this park. Council Member/Commissioner Kelley stated that they were considering a memorial in honor of Colonel Chuck Rodriguez. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the Mayor and Common Council approve the naming of the new park, located in the University District, east of Campus Parkway, south of Northpark Boulevard, Veterans Park. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19 06/18/2007 COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Economic Development Agency Executive Director Pacheco and Special Counsel Sabo. 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 May 7, 2007) Staff requested that this item be tabled. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R40. 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"), by and between the Agency and Galaxy Commercial Holding, LLC ("Developer") (Central City Redevelopment Project Area). Staff requested that that item be continued to July 16, 2007 because the developer has been out of the country and his representative would like to have him provide more input on the agreement. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of July 16, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Kelley. 20 06/18/2007 R41. RES. CDC/2007-16 - Resolution of the Community Development Commission of the City of San Bernardino approving and adopting the Relocation Plan for displaced residents and businesses related to the North Arden Guthrie Area (IVDA Redevelopment Project Area). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. CDC/2007-16 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R42. RES. CDC/2007-17 - 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 to execute the Assignment Agreement assigning a portion of Parcel 3 of Parcel Map 16307 to Toll Bros., Inc., a Pennsylvania corporation, related to the J.R. Watson & Associates Development Co., 2003 Disposition and Development Agreement (DDA). Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. CDC/2007-17 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R43. 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 Construction Contract by and between the Agency and JM Builders, Inc. for Improvements to the California Theatre of the Performing Arts (Central City North Redevelopment Project Area). Council Member/Commissioner Estrada asked that this item be continued until finalization of the EDA budget. Maggie Pacheco, Economic Development Agency Executive Director, stated that they do have resources available to fund the particular improvements, but the intent was to award the contract so that they could commence the work and get it complete before the opening season of the theater, which is September 29. She stated that the schedule that they have worked out with the contractor was based upon the award of the contract effective June 18. 21 06/18/2007 Mayor/Chairman Morris asked if a two -week delay would interfere with the opening of the season. Ms. Pacheco stated that it would impact their schedule. She stated that they already had an event scheduled for September 29 and that they are on a tight schedule. She assured the Council that the Agency has the resources to pay for these improvements in the current budget and she thinks that the improvements that were in question were the pending improvements such as the sprinkler system for the entire theater that will cost approximately $2 million. Ms. Pacheco stated that these particular improvements deal with the expansion and enlargement of the downstairs restrooms. The men's and the women's restrooms would be enlarged and they would be made to comply with ADA requirements. She stated that they're doing some electrical and some plumbing work and they are reconfiguring some janitorial and some storage area on the first floor. Ms. Pacheco stated that they did a major renovation last year that encompassed the California Room along with various improvements to the lobby area and entrance. She stated that at that time they had discussed the idea of renovating the downstairs restrooms because they are not in ADA compliance, there aren't enough stalls, and they are inadequate. Council Member/Commissioner Johnson asked if this could be discussed at the workshop on June 21. Council Member/Commissioner Estrada stated that she thought it would be beneficial to have a discussion with the contractor before proceeding with this matter. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the budget workshop on June 21, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. PLANNING 44. Public hearing — Appeal of Development Permit Type 1 No. 04-046 (Appeal No. 07-03) — an appeal of the Planning Commission's revocation of a Development Permit to construct a 60'0" monopine telecommunications tower, equipment shelter, and landscaping on a vacant parcel located at 1272 N. Mt. Vernon Avenue in the CG-1, Commercial General land use district Mayor/Chairman Morris opened the hearing. 22 06/18/2007 Terry Rahhal, Deputy Director/City Planner, stated that the permit was revoked by the Planning Commission on March 6, primarily because the site had been very poorly maintained up until that point, and also because several of the improvements required under the Development Permit had not been completed. After the permit was revoked an appeal was filed and the appellant and the property owner have made some significant improvements to the property. Ms. Rahhal distributed some photos and outlined the improvements that had recently been made. She stated that the property owner stands ready to install fencing around the site to keep it secure, assuming that this appeal is granted. Ms. Rahhal stated that based upon the good faith efforts that have been made so far, and because of the letter submitted by Sylvia Arias recommending that the appeal be granted, and if the Council would further direct staff to report back to the Planning Commission on the status of the site as the improvements continue to be made, staff would recommend that the Mayor and Council grant the appeal. Council Member/Commissioner McCammack asked that someone report back to this body within 60 or 90 days that the remainder of the maintenance has occurred and that continued maintenance of the site takes place. Pursuant to Resolution No. 2000-279, City Clerk Rachel Clark administered an oath to the following individual that she would provide true and honest testimony: Sylvia Arias, 1330 Reece Street, San Bernardino, CA, stated that she would support this item. She stated that she has had time to research other cell tower sites throughout the City and all you see is a cell tower and a block wall. Ms. Arias stated that the applicant has listened to the complaints of his neighbors and he made a very blighted parcel look like a park. Mr. Jones has added trees, plants, wood bark, a sprinkler system on a timer and a nightlight; and soon it will be fenced with wrought iron. She stated that she hoped this was a learning lesson for future cell tower sites in the City of San Bernardino and that the Planning Commission will scrutinize and set conditions of approval such as landscaping, planting trees, sprinkler systems, etc., and most importantly, that they consider beautification a priority on cell tower sites. Council Member/Commissioner Estrada asked if this company has other cell tower locations throughout the City, and if so, what are the physical conditions of those locations. Ms. Rahhal stated that she believed they do have other locations in the City and staff has been working on reviewing the status of some of these cell tower locations and their conditions. She stated that she does not have a full inventory that matches the cell site to the carrier. 23 06/18/2007 Council Member/Commission Estrada stated that she was interested in this particular group and how many cell locations they have throughout the City and what they look like. Ms. Rahhal proposed that if staff is to report back to this body in 60 days on the status of this site, they could at that time report back on other sites owned by this operator. Council Member/Commissioner Estrada stated that she felt they really needed to pay some attention to these towers because they can be made attractive enough to enhance the neighborhood as opposed to being an added blight. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed; that the Mayor and Common Council grant Appeal No. 07-03, reverse the action of the Planning Commission to revoke DPI No. 04-046, and direct staff to report back to the Planning Commission on the status of site improvements as they are completed, or to re -initiate revocation proceedings if necessary, with the caveat that Development Services oversee the Development Permit and the conditions of the approval and report back to the Council within 60 days on the status of the site. Further, that staff provide a complete inventory of all cell sites. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 45. Public hearing - Development Code Amendment No. 07-02 to allow off -site signage within the San Bernardino International Airport and Alliance California Specific Plan areas and to regulate signage in the Airport District An Ordinance of the City of San Bernardino adding Section 19.22.080(7) and amending Section 19.22.150 of the San Bernardino Municipal Code (Development Code) related to signage requirements for the San Bernardino International Airport and Alliance California Specific Plan Area. FIRST READING Mayor/Chairman Morris opened the hearing. Valerie Ross, Director of Development Services, stated that in addition to the Airport Authority and the Inland Valley Development Agency, this was a cooperative effort with Stater Brothers and Development Services. She stated that part of being an international airport is looking like an international airport and she believed that this amendment, which would allow what technically meets the definition of off -site signage, will go a long way in improving the aesthetics of the 24 06/18/2007 airport. Ms. Ross stated that staff's recommendation is that this development code amendment be adopted as proposed. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the hearing be closed; and 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. 46. Public Comments Thomas Grant, TURN Coalition, 26353 Temple Street, Highland, CA, stated that it is his observation that the rights of non-smokers are being placed on the back burner by law enforcement. He stated that he is tired of having to hold his breath while people light up outside the library, and he requested that the City Council draft an ordinance giving the same priority to non-smokers as is being given to smokers. Valerie Fowler, 219 Kingman Street, San Bernardino, CA, voiced her concerns about the inconsistencies of Code Enforcement regarding an incident she reported on March 8. Lisa Tucker and Rev. Vines, 2662 N. "E" Street, San Bernardino, CA, invited the Council to a grand opening of the greenhouse and garden at Anne Shirrells Park on June 30, 2007. 47. Adjournment At 5:33 p.m., the meeting adjourned to 4:30 p.m., Thursday, June 21, 2007, in the Economic Development Agency Boardroom, for budget deliberations. 25 06/18/2007 The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, July 2, 2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 47 No. of Hours: 4 RACHEL G. CLARK City Clerk ByAI4 iaCL�e LAlLhXi1 Linda Sutherland Deputy City Clerk 26 06/18/2007