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HomeMy WebLinkAbout06-Council Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris COUllcil Members: Esther EstradIJ Dennis J. Baxter Tobin Brinker Neil Derry Chas Kelley Rikke Van Johnson Wendy McCammack ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 5, 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 1:35 p.m., Monday, November 5, 2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by Assistant City Clerk Medina with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack; City Attorney Penman, Assistant City Clerk Medina, City Manager Wilson. Absent: Council Member/Commissioner Kelley. Council Member/Commissioner Kelley Arrived At 2:00 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): Michael Desrochers, Steve Lowes v. City of San Bernardino, et al. - United States District Court Case No. EDCV 06-1408 VAP (JCRx); Maria Glander v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 123858; 11/05/2007 Michael Ne~rete v. City of San Bernardino, et al. - United States District Court Case No. EDCV 06-01047; Christina Smith, Guardian ad Litem for Cornelious Brooks, et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 06-00860; Danuta Tuszynska v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVSS 705138; City of San Bernardino and the Redevelopment A~ency of the City of San Bernardino, California v. LNR San Bernardino, LLC, et al. - San Bernardino Superior Court Case No. CIVSS 700793. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Govermnent Code Section 54956.9. D. Closed Session - personnel - pursuant to Govermnent Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Govermnent Code Section 54957. F. Conference with labor negotiator - pursuant to Govermnent Code Section 54957.6. G. Conference with real property negotiator - pursuant to Govermnent Code Section 54956.8. City Attorney Pemnan announced that the following additional items would be discussed in closed session: Under Agenda Item No. 1.B, Significant Exposure to Litigation: North Ofelia Drive Residents, et al. v. City of San Bernardino; and 2 11/05/2007 Under Agenda Item No. I.D, Personnel: Lieutenant Mitch Kimball; Human Resources Technician. 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. Moment of Silence Mayor Morris extended condolences to the families and requested a moment of silence in memory of 22-year-old Deivon Cassidy McGee, son of Kim McGee of the City's Public Services Department, who lost his life in a senseless drive-by shooting; Antoinette J. Haldorsen, widow of the late Superior Court Judge Thomas Haldorsen; and Dr. Phil Pope, a lifetime resident of San Bernardino who practiced dentistry in San Bernardino for 40 years. Invocation/Pledge of Allegiance The invocation was given by Sister Carmel Crinunins of the Diocese of San Bernardino, followed by the pledge of allegiance, led by Bill Crawley, a student at Anderson School. 2. Appointments Board of Police Commissioners . Robert Vincent - Mayor Morris Youth Advisory Commission . Chelsea Lock - Council Member Baxter . Mireya Olguin - Council Member Derry . Christian Kelley - Council Member Kelley Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the appointments of Robert Vincent, Chelsea Lock, Mireya Olguin, and Christian Kelley, as requested by Mayor Morris and Council Members Baxter, Derry, and Kelley, be approved. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 3 11105/2007 3. Proclamations & Presentations Mayor/Chairman Morris recognized Susana Atanasova for her "Make a Difference Day" efforts in organizing the "Great Clean Air Tree Planting Project," which involved the planting of 150 trees throughout the city. Also recognized were the following City employees, who pitched in and supervised: Nick Gonzales, Mayor's Office; Kim Burgett, David Frichtel, Jesse Hernandez, Emerald Pelaez, and Shane Zeman, Parks and Recreation Department; and Dennis Garrahan, John Hagar, Daniel Mishodek, and Tom Townsend from the Public Services Department. 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. Council Member/Commissioner McCammack made the following comments on behalf of a gentleman who uses a wheelchair and was in too much pain to stay for the meeting. He was concerned with a safety issue and asked that the City step up its efforts to resolve the issue of sidewalk lifts and sidewalk cuts, particularly in the area between Del Rosa and Sterling on the north side of Highland Avenue, where there is a County Flood Control Fence that stops without a sidewalk. Ms. McCamrnack stated that we absolutely need a sidewalk, or County Flood Control needs to move their fence so those individuals in wheelchairs can navigate that street and that sidewalk. Council Member/Commissioner Estrada asked her colleagues to support setting a workshop to discuss the status of new developments. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 4 11105/2007 6. Council Minutes Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino, be approved as submitted in typewritten form: September 17, 2007. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. 7. Claims and Payroll Ayes: Derry , Council Members/ Kelley, Johnson, Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated October 15, 2007, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. 8. Personnel Actions Ayes: Derry, Council Members/ Kelley, Johnson, Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the personnel actions, as submitted by the Chief Examiner, dated October 30, 2007 (Revised 11-5-07) 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: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 9. RES. 2007-436 - Resolution of the City of San Bernardino establishing a display policy for the United States and other flags. Gary Cherms from the American Legion spoke in support of the resolution, stating that the POW flag is a symbol that needs to be spread allover the country. He stated that he would like to use San Bernardino as an example when he takes a petition containing 450,000 signatures to Sacramento to meet with the governor to request that the state be required to fly the POW flag. 5 11/05/2007 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2007-436 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. Authorize Director of Finance to amend the FY 07/08 budget in the amount of $31,200 for work completed under terms of Agreement approved by Resolution No. 2005-270 (Frank R. Cortez and Irene D. Cortez) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Finance be authorized to amend the FY 2007/08 budget by transferring $16,000 from Account No. 126- 369-5504-7233 "SS-A Bridge and Railing Repairs at Various Locations (Annual)" and $15,200 from Account No. 126-369-5504-7360 "SS-E Miscellaneous Infrastructure Repairs (Annual)" to Account No. 126-369-5504- 7503 "SS05-04 Broadmoor Boulevard/30'" StreetlWaterman Avenue Safety Sidewalk, ADA and Wall". The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 11. RES. 2007-429 - A Resolution of the Mayor and Conunon Council of the City of San Bernardino declaring its intention to authorize the annexation of territory generally located on the southwest side of Cajon Boulevard, southeasterly of Glen Helen Parkway (Annexation No.4) to Conununity Facilities District No. 1033, and adopting an annexation map showing the territory of Aunexation No.4. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Development Services and the City Clerk be authorized to proceed under Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended, with Community Facilities District No. 1033, Annexation No. 4 for property consisting of an industrial development (DP II No. 06-23), located on the southwesterly side of Cajon Boulevard, southeasterly of Glen Helen Parkway (APNs 0348-151-01,02 and 0262-011-38); and that said resolution be adopted. The motion carried and Resolution No. 2007-429 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6 11105/2007 12. RES. 2007-437 - 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 Crestview Avenue and Wabash Avenue. Council Member/Commissioner Baxter made a motion. seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-437 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2007-438 - Resolution of the Mayor and Common Council ofthe City of San Bernardino authorizing the submittal of two project applications for the Seventh Funding Cycle of the Safe Routes to School (SR2S) Program and, if awarded, authorizing the Development Services Department to administer the grant. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-438 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. RES. 2007-439 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Grand Pacific Contractors, Inc. for drainage improvements in Meridian Avenue, Birch Street to Poplar Street (S005-03), per Project Plan No. 12191. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2007-439 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2007-430 - Resolution of the City of San Bernardino ordering the summary vacation of a portion of the northerly side of Campus Parkway, west of Northpark Boulevard and a portion of Northpark Boulevard, south of Campus Parkway. 7 11105/2007 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that Plan No. 12257 showing the proposed vacation of a portion of the northerly side of Campus Parkway west of Northpark Boulevard and Plan No. 12322 showing the proposed vacation of a portion of Northpark Boulevard, south of Campus Parkway, be approved; and that said resolution be adopted. The motion carried and Resolution No. 2007-430 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. RES. 2007-431 - Resolution of the City of San Bernardino authorizing and directing the execution of a quitclaim deed for a stonn drain easement to University Park, LLC, across Spellacy Park, located west of Northpark Boulevard, south of Ash Street. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-431 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. 17. Item Deleted 18. Final Report on Non-Safety Classification and Compensation Study Council Member/Commissioner Johnson stated that he thought the complete lOO-page document should be distributed to the Mayor and Common Council in order for the Council to get a full grasp of the survey. Council Member/Commissioner Johnson made a motion that the matter be continued to the Council/Commission meeting of November 19, 2007, in order to review the full document. The motion failed for lack of a second. City Manager Wilson advised that staff had given the Council a summary document, but could certainly provide them with the complete report. He stated that his concern with delaying the matter for two weeks was that they are running into the end of the year and they have made a commitment through the employee unions that they would resolve the retroactivity issue by the end of the calendar year. If the matter is pushed out any further there would be some real issues with the Payroll Division processing over 600-700 retroactive pay raises. 8 11105/2007 Council Member/Commissioner McCammack stated that if the Council fmds any inconsistencies in the report, it is something that the Council could discuss through the Personnel Committee to enact any changes that they feel should be required. Council Member/Commissioner Estrada expressed concern with holding up the retro pay, stating that she could not imagine that the difference would be so great that it couldn't be adjusted in some fashion. She suggested approving the item today, getting the full report from staff, and if the Council has any questions they can bring it back for reconsideration. City Manager Wilson stated that there is a provision which has been negotiated with the unions which allows for a reconsideration period of up to 90 days, because there are going to be those cases that are not the norm that can be set aside and resolved during that 90-day reconsideration timeframe. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council receive and ftIe the non-safety Classification and Compensation Study; that the Human Resources Department be authorized to update Resolution Nos. 6413 and 97- 244; and that the Director of Finance be authorized to amend the FY 2007/2008 budget by transferring $1,662,000 from the General Government budget Account No. 001-092-5011 to the appropriate user department based on the consultant's classification and compensation reports. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 19. RES. 2007440 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of agreements and purchase orders to CompuCom and En Pointe Technologies for an upgrade to the City e-mail system. Council Member/Commissioner McCamrnack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-440 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9 11105/2007 20. RES. 2007-441 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of an agreement and purchase order to CompuCom for an upgrade with software assurance to Microsoft Office Professional Plus 2007 on 900 City PCs. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-441 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2007-432 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Sinfonia Mexicana for the promotion of arts and culture. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-432 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCamrnack. Nays: None. Absent: None. 22. RES. 2007-442 - Resolution of the Mayor and Common Council of the City of San Bernardino appropriating $20,000 to the Fire Victims Relief Fund established by the Community Foundation of Riverside and San Bernardino Counties, to provide direct assistance to victims of the recent local wildfIres in the San Bernardino mountains. Council Member/Commissioner McCammack stated that she agreed that the City needs to do this; however, she was wondering if they could figure out a way to pull at least whatever excess transient lodging tax was realized because of all the fire victims that ended up in local hotels and give it back to them through this item. She stated that Mr. Austin was able to quantify the amount for her and it would not be the whole $20,000; however, it was a substantial amount of money, and she felt that since they paid it, we ought to give it back to them. Joe Ortiz, 387 West 25th Street, San Bernardino, CA, stated that he understood there were businesses in the city who would match the City's funds, and that he hoped it would be possible to reward those who actually fought the fire. He mentioned how the City Attorney's office was able to give free legal advice to those residents affected by the Old Fire disaster. 10 11105/2007 Mayor/Chairman Morris stated that they hope to be able to top $1 million in donations. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2007-442 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. RES. 2007-433 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Vendor Service Agreement and the Finance Director, or her designee, to issue a purchase order to Donegan Tree Service in the amount of $50,000, pursuant to Municipal Code Section 3.04.010B.3, for tree maintenance service in various landscape maintenance districts. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-433 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. Item Deleted 25. RES. 2007-434 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the execution of an Agreement retroactive to November 1, 2007 and increase to Purchase Order Number 208219 in the amount of $21,000.00 with two (2) one-year extensions at the City's option with Inland Presort and Mailing Services for refuse mailing services. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-434 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. RES. 2007-435 - A Resolution of the Mayor and Common Council of the City of San Bernardino approving a grant of easement to Enertech Enviroumental California, LLC for an industrial sewer line to connect with the Santa Ana River Interceptor (SARI) pipeline located at the Rapid Infiltration Extraction Facility (RIX) south of Agna Mansa Road, San Bernardino, CA (APNs 0260-081-25 & 27). 11 11/05/2007 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-435 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. An Ordinance of the City of San Bernardino adding Chapter 9.93 to the San Bernardino Municipal Code and establishing ailmini~trative civil penalties for violations of the Municipal Code. FIRST READING City Attorney Penman advised that his office had requested an opinion from the Attorney General's office dealing with fireworks booths, and the opinion on that issue could possibly answer the concern staff has about the penalty in excess of $1,000 that is part of this ordinance. Therefore, staff was recommending that the matter be continued to the first meeting in February 2008. A suggestion was made to table the matter until the opinion is received. Council Member/Commissioner Kelley asked that the City Attorney's office make sure to keep the Legislative Review Committee abreast of what the Attorney General's office is doing. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the matter be tabled. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 28. Public Hearing - adoption of the Development Impact Fee Calculation and Nexus Report for the Updated Regional Circulation System Master Facility Plan and approving Amendment No. 1 to Resolution No. 2006-97 setting the new amount of the Regional Circulation System Development Impact Fees (Continued from October IS, 2007) RES. 2007-443 - Resolution of the Mayor and Common Council of the City of San Bernardino approving Amendment No. 1 to Resolution No. 2006-97 setting the amount of certain Development Impact Fees. The hearing remained open. 12 11/05/2007 City Manager Wilson advised that this was something the City had to do in order to stay eligible for Measure "I" dollars that the San Bernardino Associated Governments (SANBAG) administers; and the increases reflect the escalated rate that SANBAG has adopted. No public comments were received. City Manager Wilson noted that a representative from the Building Industry of America (BIA) was in attendance at the last meeting, and there was also a meeting held with City staff and BIA representatives, and they are aware of this action. Mr. Wilson also noted that these funds would be used for a series of regional improvements along the freeways, including interchanges and signals- essentially everything connected to freeway on- and off-ramps. In response to an inquiry from Council Member/Commissioner Kelley, Mr. Wilson indicated that he did not know if any funds were earmarked for those off-ramps at Palm/Kendall and University Parkway, but that he would get this information for Mr. Kelley. Mr. Kelley requested that Mr. Wilson and staff schedule a meeting with him to go through the requisite document to ensure that those two off-ramps would receive the benefit of some of those funds. Council Member/Commissioner Derry stated that this is basically a uniform mitigation fee, much like Riverside County put in place. He stated that he objected to it when it was last proposed here, and he still objects to the way it is allocated-that he didn't believe there was a nexus, as it charges fees at one end of town and spends them at another end of town. In addition, it is an approximately $600 increase per home for residential, but only a $400 increase for apartments; therefore, his objections still stand and he would be casting a "no" vote on the increase. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; that said resolution be adopted; and that the Development Impact Fee Calculation and Nexus Report for the Regional Circulation System Master Facility Plan on file in the City Clerk's Office be updated to include the seven projects listed in the staff report' dated October 10, 2007, from Valerie C. Ross, Director of Development Services. 13 11105/2007 The motion carried and Resolution No. 2007-443 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: Council Member/Commissioner Derry. Absent: None. 29. Public Hearing - resolution authorizing the execution of an agreement and resolution ordering work relative to the proposed Central Avenue and Lena Road Area Landscape Maintenance Assessment District No. 1063 - Parcel Map No. 17721 (Continued from October 15, 2007) RES. 2007-444 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and directing the execution of a Landscape Maintenance Services Agreement relative to the proposed Assessment District No. 1063 (Central Avenue and Lena Road Area Landscape Maintenance Assessment District). (29A) RES. 2007-445 - Resolution of the City of San Bernardino rmding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the Central Avenue and Lena Road Area, approving the rmal Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1063, ordering the work, confirming the 2008-2009 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. (29B) The hearing remained open. City Clerk Clark advised that one assessment ballot had been received in favor of the proposed assessment. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolutions A & B, be adopted. The motion carried and Resolution Nos. 2007-444 and 2007-445 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCanunack. Nays: None. Absent: None. 14 11/05/2007 30. Public hearing - resolution authorizing the obligation and expenditure of the allocated Citizens' Option for Public Safety (COPS Option) monies for FY 07/08 RES. 2007-446 - Resolution of the City of San Bernardino authorizing the obligation and expenditure of the allocated Citizens' Option for Public Safety (COPS Option) monies for FY 07/08 to supplement front-line law enforcement support services. Mayor/Chairman Morris opened the hearing. Police Chief Billdt stated that this will be the fifth year that the City has received the COPS monies, which have been used to fund three police officer positions. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to Jay Lindberg that he would provide true and honest testimony. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that he had been doing a lot of research on energy policy recently and the City needs to get its officers out of their cars and onto bikes due to the serious energy problems getting ready to hit this country. City Clerk Clark advised that the motion needed to state that the public hearing be closed and that the resolution be adopted. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCanunack, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2007-446 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 31. Utility Service User's Tax Ballot Measure for the February 5, 2008 Special Municipal Election (Continued from October 15, 2007) RES. 2007-447 - Resolution of the City of San Bernardino submitting to the qualified electors of said City for their approval the "Service User's Tax Reduction and Modernization Act"; transmission of the proposed ballot measure to the Office of the City Attorney for purposes of preparation of an impartial analysis. (31A) 15 11 /05/2007 RES. 2007-448 - Resolution of the Mayor and Common Council of the City of San Bernardino placing the "Service User's Tax Reduction and Modernization Act" on the ballot for a Special Municipal Election to be consolidated with the February 5, 2008 Presidential Primary Election; direction to the City Clerk to transmit a copy to the Board of Supervisors of the County of San Bernardino and to me a copy with the Registrar of Voters. (31B) City Manager Wilson advised that the City Attorney's office had prepared the draft ordinance that modernizes the City's current service user's tax (Utility User's Tax) to reflect changes to federal law and, more importantly, reduces the current rate from 7.83 percent to 7.75 percent for all utility services on which the City currently assesses this tax. Senior Assistant City Attorney Calkins advised that the action taken by the Mayor and Council today would approve the two resolutions sending this matter to the Registrar of Voters so this measure can be consolidated with the February 5 Presidential Primary election. Council Member/Commissioner McCanunack made a motion, seconded by Council Member/Commissioner Baxter, that said resolutions A and B, be adopted. Resolution Nos. 2007-447 and 2007-448 were adopted by the following vote: Ayes: Council Member/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 32. Ordinance of the City of San Bernardino amending Chapter 15.16 of the San Bernardino Municipal Code and adopting the 2007 California Fire Code, with appendices, and incorporating by reference the 2006 Edition of the International Fire Code and necessary California amendments, together with California Code of Regulations, Title 24. FIRST READING Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be laid over for final adoption. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 16 11/05/2007 33. Reconsider Resolution No. 2006-98 Mayor/Chairman Morris referenced the following three documents that had been provided to the Council in addition to the Request for Council Action submitted by Council Member/Commissioner McCammack: . Memo from Glenn Baude, Code Compliance Director, to Fred Wilson, City Manager, dated November 5, 2007 regarding the Demolition Process; . Memo from Fred Wilson, City Manager, to Mayor and Common Council, dated November 5, 2007, regarding Item #33 - Code Enforcement Demolition Procedures; . Memo from Mayor Patrick J. Morris to Members of the Common Council and Fred Wilson, City Manager, dated November 5, 2007, regarding the November 5, 2007 Meeting of Mayor and Common Council - Agenda Item #33. The Mayor stated that his basic concern was that in matters that relate to the operations and procedures and the management of our City departments, that unless there is a true emergency, that we work through the City Manager to resolve those matters informally. If those concerns are not appropriately addressed by the City Manager, then they would be brought before the Council. He stated he had concerns about the arrival on Friday afternoon of matters for a Monday Council meeting, thus giving themselves as policy makers, and giving their staffs as their agents, adequate opportunity to discuss and address the concerns before they do this at the public table. Council Member/Commissioner McCanunack stated that she had attempted to resolve this matter with the City Manager privately on October 23. On October 30, based on her questions, she received a document from the City Manager's office dated October 29 and stamped in by the Council's office at 4: 12 p.m. She stated that in that document there were some issues that brought her great concern-that as a voting member of this body it seemed to her that over the last 18 months they have continually been left in the dark about expenditures of huge amounts of money without policy making capabilities. She stated that in this particular case, the action that was brought to the Council in April 2006 was proper; but the subsequent action by the Code Enforcement Department appeared to be very irregular. She stated that one of the items in the packet was labeled "B", DRAFT, City of San Bernardino Strategic Plan Demolition of Substandard Buildings. She noted that at the bottom of the first page it talked about THREATS, stating "As long as the program has council support the only threat would be through legal challenges from property owners." 17 11/05/2007 Ms. McCammack stated that she did not remember this coming before the Council for approval. So her concern was that the Council was again left in the dark, with potential litigation staring them in the face. Therefore, she felt it incumbent upon herself to find out exactly what it was she supposedly approved. She stated that she tried to get answers regarding the document, but was unable to do so; therefore, on Thursday she decided to put it on the agenda. Ms. McCarnmack advised that she was given one more document on Friday (letter dated October 31, 2007, to Anthony Trozera from Marianne Milligan) and she became really concerned that we, as a City, are writing this letter that says, "anything to do with 1588 West Highland Avenue does not exist" (paraphrase). However, the document that was attached to that letter had 1588 Highland A venue strewn all over the document. She stated she was not saying the code enforcement officers did anything wrong-they did their job-but it's management and administration that she is concerned about, who are telling property owners that "the Council approved that list of demolition." She stated that she has never approved a list of demolition of any properties, and she cannot stand for anybody in the public blaming any elected official for something that they did not do. Ms. McCammack stated that her concern was that if this body was told that they were allocating a certain amount of money for demolition ($862,784), as recommended by RDA and approved by the Council as a body in terms of a total allocation of CDBG money, and then they are told in a document a year and a half later, that that was the draft that they approved. According to Ms. McCammack, they did not approve any document-draft or otherwise- regarding a demolition strategy. She stated that she wanted this item reconsidered so that this body, if they were going to be blamed for a list of properties that are going to be demolished, or not demolished, then she wants to know that this body is going to approve this demolition strategy. She stated that she needed to know who was making the decisions on the demolition of these properties, or not to demolish these properties. She ascertained that right now there are property owners that were told that the property next door to them was going to be demolished, who are very, very uncomfortable with the fact that it wasn't demolished, and they are ready to sue-they are prepared to put a class action lawsuit together against the City for an action that the Council has never approved. City Manager Wilson stated that what he had given the Council was really a summary of the actions that Code Enforcement takes when it comes to the demolition process. He pointed out that they do have an objective criteria for determining which properties get demolished based on condition of the 18 11/05/2007 properties, URM status, lack of opportunity for reuse, years of neglect, etc. Once those properties have been identified, there is a procedure in place which involves a series of hearings, obtaining warrants, and working closely with the City Attorney's office to ensure that the due process is followed in every case. He stated that they do follow a process-a process that had been developed by the Code Enforcement Department and was included in the backup materials; and it was an objective criteria that helps rank where they start with this. Mayor/Chairman Morris asked Mr. Wilson how long the demolitions have been done in this manner. Mr. Wilson stated that this criteria had been developed by Code Enforcement, he believed at the request of the Redevelopment Committee, and had been in place for some time now, but he was not sure how long. He pointed out that the demolition list was initially requested by and given to the Redvelopment Committee in 2006; and he thought the committee looked at it for informational purposes only. The bottom line was that Code Enforcement did develop the list based on a set of objective criteria that everyone felt made a lot of sense. Council Member/Commissioner McCammack read a portion of the agenda from the Redevelopment Committee meeting which stated, "Proposed Demolition Strategy - Presentation by Code Compliance Director Glenn Baude" with the motion, "That the Redevelopment Committee consider the proposed demolition strategy and take possible action." She stated that if the RDA Committee was going to take possible action, then this body needed to have taken possible action. Mayor/Chairman Morris stated that it was his understanding that the proposed demolition strategy was taken before the RDA Committee at the request of the chairman for informational purposes only. There was no attempt by the RDA Committee to approve or disapprove the strategy, which is an administrative procedure-and that is what is important. The Mayor advised that Code has an administrative procedure and strategy, and that they have been diligent in complying with every aspect of due process, so that the property owners are given personal due process-that is, information about the need to either correct the deficiencies or City personnel would move ahead with an enforcement process to demolish. He stressed that it is a step by step, carefully crafted process involving careful articulation with the City Attorney's office; and has been followed astutely. Ms. McCammack stated that she absolutely agreed; however, the issue she has is when the public is told, as happened in one case, that the Council approved that list. 19 11/05/2007 Mayor/Chairman Morris responded that the Council should not approve a list. The list has to come by way of an objectified criteria that stays remote from the Council because as soon as the Council starts to tinker with a list of possible demolitions and starts to determine that they do or do not want a particular person's property demolished, then you end up with a real problem in terms of the enforceability of the orders and you end up then, at risk of a possible lawsuit, because we have put aside the process that should be administrative in nature and objective in the extreme. Ms. McCanunack expressed agreement with the Mayor's comments, but then asked why another property owner, who had an order to demolish, was given more time by Code. She stated that this is where the inconsistencies lie, and if there are inconsistencies, then the Council needs to hold staffto task that I) they are not going to be inconsistent, and 2) they are not going to blame the Council for the fact that it was demolished, or that the Council stopped them from doing the demolition. Mayor/Chairman Morris stated that he did not know about what was said in the field-that what a code enforcement officer recites on the street at the time of the engagement was unknown to him. Ms. McCammack stated that it was not unknown when this same person writes this letter and misrepresents the facts. And therein lies the litigation problem. City Attorney Penman advised that there is another legal problem. He stated that he agreed with the Mayor that the Mayor and Council should definitely not approve the list. He stated that he thought the concern was that Code Enforcement represented to two different property owners at two different ends of town that the Council had approved this. Mr. Penman stated that legally, just as the City Council has to approve the Police Department's Pursuit Policy in order for it to insulate the City from litigation, so if we have a strategic plan for demolition of substandard buildings, which is what this document has been called, that also has to be approved by the Mayor and Council in order to insulate the City from lawsuits for that. He agreed with the Mayor that the strategic plan should not list the buildings; however, he also noted that this was not solely an administrative matter. He stated that this is a plan to demolish substandard buildings, and with as much legal exposure as we have with the police Pursuit Policy, which has to be approved by the Mayor and Council, so do we also have substantial exposure by demolishing buildings. He pointed out to the Mayor and Council that in the backup document labeled, "B" Draft City of San Bernardino Strategic Plan for Demolition of Substandard Buildings, Mr. Baude writes, "Threats - As long as the program has council support the only threat would be through legal challenges from property owners." He noted that Mr. Baude then makes a very 20 11/05/2007 unfortunate comment, stating, "Those have happened before, and although it tends to lengthen the process, we have always prevailed. " According to Mr. Penman, that is absolutely false-the City has lost three big lawsuits because properties in the City were demolished by Code Enforcement without proper notice to the owners. And this plan was never submitted to the City Attorney's office. He stated that he never saw it until Mr. Wilson's office brought it forward. It was presented to the RDA Committee on March 21, 2006, and Mr. Calkins was there; however, they were told in that meeting (and he quoted from the minutes) "Committee Member Estrada inquired if the Committee needed to take action and Ms. Pacheco responded no, that it was her understanding that at the time the Committee allocated the monies, it was requested to get a feel of what the strategy would be and if a recommendation is needed, she has allowed for it on the agenda, but not necessary." So the thought was that when they were ready to allocate the monies, they would come forward with the strategic plan, but it never came forward, and yet Code Enforcement is telling citizens that the Council approved this plan; and Mr. Wilson has commented that they have a procedure for grading. Mr. Penman advised that his office has never seen that procedure and neither has the Mayor and Council, and they do need to approve that procedure-not the list of proposed demolitions, but the procedure. He stated that one lawsuit was threatened last week, and the reason they are threatening to sue is because they believe that the Council has approved a list with their property on it. Fortunately, we do have a very good due process system in place separate from this policy. Mr. Penman stated that he wanted to conftrm with Mr. Wilson that at their meeting last Friday, they had agreed that they would be putting a halt to demolitions until Jolena Grider in the City Attorney's office could review the list of buildings that have been demolished that was provided by Mr. Wilson. If that is the case, then the Council doesn't need to take any action today, but if the City Manager is not going to do that, then he thought they would need to take some action in light of those three lawsuits that have already been ftIed. Mayor/Chairman Morris stated that it was his understanding from his conversation with Mr. Penman-when Mr. Penman brought his memo to him and he said to Mr. Penman that the only legal issue is whether the owners of these properties are being denied due process-that they had agreed that we have a very carefully crafted due process agenda-a checklist that every code enforcement officer complies with, and every step of the way there is a sign-off by the City Attorney's offtce on how we effect mediation of a problem of liability or demolish that building. Mr. Penman answered that there is supposed to be such a process, but in the three times that we got sued, the checklist was ignored or wasn't followed. 21 11105/2007 The Mayor answered that as they had discussed on Friday, these cases are remote in history-these are not recent events at all. Both Mr. Penman and Ms. McCanunack stated that there was a recent case. City Manager Wilson agreed to hold off on any other demolitions until Jolena Grider had a chance to review the lists. Council Member/Commissioner Kelley stated that he would like to see the procedure that the City Attorney is talking about-that maybe they could take a look at it at Legislative Review Committee and then bring it back to the full Council for review. He stated that he was not going to stand in the way of any Council member exercising their right to put something on the agenda-that he understood the concerns about items arriving at the last minute, but in his time on the Council there have been too many times when he has arrived and found something has been placed on the dais. He stated that he believes it is the responsibility of each Council member to advocate on behalf of their residents-to be their voice on whatever the issue may be-and for Council members to be able to put something on the agenda, because staff routinely does it to the Council, where they get something moments before the Council meeting is called to order. Council Member/Commissioner McCanunack stated that she wanted a demolition strategy process to come before the LRC, so that the Council is informed of what the process is, and that they either agree or disagree-not on the properties, but on the process. She stated that the Council is ultimately held responsible by their constituency as to why they approved or failed to approve a building for demolition. Council Member/Commissioner McCamrnack made a motion, seconded by Council Member/Commissioner Kelley that the Strategic Plan Demolition of Substandard Buildings be referred to the Legislative Review Committee. (Note: The vote was taken following additional discussion.) Council Member/Commissioner Johnson stated that the LRC should also have the information on the three cases that were referenced by City Attorney Penman so they can have that information in front of them as well. City Attorney Penman advised that there was one other matter. He stated that after this was brought to their attention and they looked at the Council backup and the backup in their office, they were unable to find any copies of the approved amendments. He pointed out that there were four documents referenced in the motion of April 3, 2006, that the Council adopted-four amendments-but neither the Council backup nor the backup the City Attorney's 22 11/05/2007 I j office had ever showed that those amendments were ever presented to the Mayor and Council. He stated that those four documents were the 2000-2005 and 2005-2010 Consolidated Plans (there were no amendments in the backup); and the amendments to the 2004-2005 and 2005-2006 Annual Action Plans. He stated that they need to get those four documents from RDA, since they carne from there, and the Council does need to reconsider and formally take action adopting those plans after the Council has seen them, because apparently the full Council never saw those plans. Council Member/Commissioner McCarnmack noted that that was the other part of her request for reconsideration. She stated that she got so involved in the process that she neglected those details of the request for reconsideration. She noted that she didn't have any problem with continuing that portion of the item, if Ms. Pacheco and Mr. Sabo wanted to bring that back to the Council at some point in time. She stated that she was not asking for the money to be reallocated at all-she just wanted to kuow what it was that they actually approved. If there were amendments in there that they were supposed to have approved and they didn't, that was a problem. Maggie Pacheco, Executive Director, Economic Development Agency, advised that the Community Development Block Grant (CDBG) process normally entails presenting an attachment to an agenda item. She stated that her records show that they did transmit Attachment #1, which was the amendments that the Council was being asked to act upon. She noted that the resolution reads in the fashion that it reads because by HUD federal regulations they have to state that Attachment #1 is what is actually being added to amend amendments to the plan. But the amendment to the plan is a general document that the Council previously approved, and all they are modifying in that document is Attachment #1- allocation of resources to various new programs-and that's what's documented in the system that they report to HUD, which is called the IDIF System. She stated that it was her recollection that they transmitted all the documents they were required to transmit to this body on April 3. City Attorney Pemnan stated that possibly the attachment was not correctly identified as being the amendments, but clearly the backup did not contain any documents that stated they were the amendments that were listed in the resolution that was adopted. Anthony Trozera, 1588 West Highland Avenue, San Bernardino, CA, stated that a question arose when on 10/10/07 at 2:23 p.m., he spoke to Marianne Milligan and under the Freedom of Information Act he asked her to provide him with certain documents. The question arose in his mind when he perused the documents and had a little problem with the calendars. He noted that this matter 23 11105/2007 came to the RDA on March 21, 2006; yet the list was developed on 1/19/06. He asked whether it was legal or lawful to develop a list that hasn't even been presented to the RDA. Mr. Trozera stated that the other items he asked for were e-mails with either his name or the address of the restaurant where he had been for 58 years, which was scheduled for demolition. Then they amended the declaration to the correct address which was 2206 Ramona Street. Mayor/Chairman Morris advised that the City's Code Enforcement officers were in attendance and they could inquire of Mr. Baude, Director of Code Compliance, about those matters. Glenn Baude, Director of Code Compliance, explained that as part of the funding process for that year, then chairman of the EDA, Esther Estrada, asked Code Compliance to survey vacant commercial properties in the City of San Bernardino; and that's how the list was created (which included URM property}-any vacant property that had been vacant over three years, and had not been used, and had not had people in and out of it, and was not being maintained. As recommended by the City Attorney's office, they said that the list was a draft because if it's not a draft it is not a moving document where things come on and off. Code was told they couldn't formalize the list as set in stone-it had to be a draft list. A couple of months later they came back to the RDA meeting with the list they had been asked to create, which was a list of all the vacant URM properties in San Bernardino that were in our commercial corridors. City Attorney Penman asked how The Mug restaurant address got on a list of unreinforced masonry buildings. Mr. Baude just said that they only surveyed buildings that had been empty for a period of time, and the Mug hasn't been empty for over 50 years. Mr. Baude replied that the The Mug restaurant wasn't on the list. Council Member/Commissioner McCammack stated that it was on the list. Mr. Baude explained that the Mug restaurant site had two buildings on it-there was a second building that they had to identify. They did a drive-by list, and the address on the property was Highland Avenue-that was the drive-by list. The officers drove by, saw an address, saw the building was vacant-but it was not the Mug restaurant. He stated that they could show the Council members a picture of the building that was there. With further identification they determined that it was a separate parcel-that it was actually 2206 Ramona; and that was the confusion, because it was adjacent to the Mug restaurant. The Mug 24 11/05/2007 street address was on the list because it was drive-by and that was used for the parcel. Mayor/Chairman Morris summarized by stating that in a drive-by assessment it was perceived by Code staff that this was part of a larger parcel on Highland Avenue. When they went to the records they found that it was indeed a separate parcel and it was listed separately. Mr. Baude confirmed that that was correct. He explained that what happened was that Officer Stone went by and he did the drive-by of the vacant property. The vacant property had the Mug restaurant and an old red building that was falling apart. Office Stone listed that as that address. When they started doing the hearing process, which they do their due diligence and they run through the City Attorney's office and do property profiles, they found out the address for that red building, which is the building they were talking about, was 2206 Ramona. They did not find that out until they started doing their due diligence. The list was a list of properties that drive-by inspection identified as being vacant. There was never an accusation that the Mug was vacant. Council Member/Commissioner Estrada stated that as a member of the RDA Committee, at the time they were discussing the large number of vacant buildings in the City's commercial corridors and they asked Mr. Baude to drive the main corridors of the City and identify those buildings that had been vacant for a long time and were nuisances or whatever. She stated that she thought what happened, was because they didn't spot an address on the other building that was next to the Mug, an address was entered in order to try and identify more or less where that property was at. And when they did their due diligence they found out the real address which was on Ramona. Ms. McCarmnack stated that if that were the case, and their records had this accidental address on this document-on several documents-why then when this letter was written to Mr. Trozera was it stated that there was no information on that address, when in fact they obvious~ had a whole bunch of information on that address, accidental as it may have been. She stated that number one, she wanted to know first of all why that letter would be written incorrectly, with incorrect information to that property owner. Secondly, she wanted to know why he would be told that e-mails are privileged, when they're not. Number three, she wanted to know where Ms. Estrada gets the authority to decide to tell Code, when it's the City Manager's job to direct the Code Enforcement Director, to identify how many buildings are vacant, how old, how long they've been vacant, etc. And she wanted to know why the buildings were targeted in certain parts of town, yet they were ignored between the freeway and Waterman on Highland Avenue. Specifically, and here is the inconsistency and 25 11/05/2007 the lawsuit waiting to happen-the old Foxy's was targeted for demolition, yet somehow got a permit to rehab. Mayor/Chairman Morris stated that he and Mr. Penman had discussed that, and it was his understanding that there was a demolition order on that property; however, before that demolition order was signed there was a permit provided by Planning to allow the rehabilitation of that unit. According to Ms. McCammack the permit was provided accidentally. Mayor/Chairman Morris stated that it made no difference-we had two different departments giving different directions to the folks who own the property, and it was submitted to the City Attorney's office for a decision as to what prevails. City Attorney Penman stated that he concurred with the Mayor, and it was their joint decision that that had to happen. He noted that it wasn't the City Attorney's decision-because he can only advise-it was the Mayor's decision. Mayor/Chairman Morris stated that it was essentially that the process of Planning to give a permit to rehab took precedence over the demolition. Ms. McCammack stated that then the property owner next door was told that the Council stopped that demolition. Mayor/Chairman Morris answered that he didn't know who conveyed that information to the property owner next door, but in terms of the legal requirements here, he thought that the decision that was made was appropriate. At the request of Council Member/Commissioner McCammack, City Clerk Clark read the motion, as follows: That the Strategic Plan Demolition of Substandard Buildings be referred to the Legislative Review Committee. Council Member/Commissioner Kelley stated that he would like to set a timetable-that the matter be referred within two weeks to the LRC. City Manager Wilson stated it would go to the next LRC meeting on November 20. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 26 11/05/2007 -. ,..~ .^~ COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack; Economic Development Agency Executive Director Pacheco and Special Counsel Sabo, City Clerk Clark. Absent: None. R34. Public hearing - Tax and Equity Fiscal Responsibility Act (TEFRA) for the California Housing Foundation Development (Inland Regional Center Project) - IVDA Redevelopment Project Area RES. 2007-449 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the issuance of Revenue Bonds by the California Statewide Communities Development Authority for the benefit of California Housing Foundation on behalf of the Inland Regional Center. Mayor/Chairman Morris opened the hearing. Maggie Pacheco, Executive Director, Economic Development Agency, explained that this particular matter was a requirement under the federal law that we consent to the California State-wide Communities Development Authority to issue approximately $90 million in bonds for the nonprofit organization, the California Housing Foundation, on behalf of the Inland Regional Center. The purpose of the bond issue is to use the resources to consolidate the Inland Regional Center's operations in a new facility on Waterman, a business park that is currently being constructed by Voight. She stated that she'd like to thank the Inland Regional Center folks and the representatives from the California Housing Foundation for giving the Agency an opportunity to work with them and to show them why it is important for them to stay in the City of San Bernardino and the benefits for our community. She noted that retaining the Inland Regional Center in our community was going to mean the retention of 500-700 jobs, and she was glad for the opportunity to help out in this effort. Council Member/Commissioner McCanunack stated that she was completely in support of the project; however, she had some technical questions for Mr. Sabo. She stated that in the backup it talked about California Statewide Communities Development Authority as being a joint powers authority consisting of numerous California cities, including the City of San Bernardino. She asked who from the City of San Bernardino sits on that board. Mr. Sabo answered, "No one." He explained that cities joined the JPA in 1988 or 1989, and the way the JPA is set up there is a governing board and once a 27 11105/2007 city joins, then you are eligible to have these types of financing undertaken in your conununity. It takes the consent of the local jurisdiction, either through a TEFRA hearing such as this, or through some other type of approval before they can issue any bonds in the city. Ms. McCarmnack noted that in the resolution on page 1, line 13 '12, it states, "because the facilities are located within the territorial limits . . ."; then on line 19 it states, "the Mayor and Conunon Council is the elected legislative body and is an applicable elected representative required to approve the issuance of the bonds." She stated that she knows there is more to the resolution than that, but in every bond fmancing workshop that she has ever gone to, she has been told that if the Council is to approve any bonds that they are to see the disclosure documents-that even though they are not being held responsible for the debt, they do have an obligation to make sure that what the bonds are being spent on is what they are being used for. Mr. Sabo stated that in response to those types of issues, this approval that the Council is granting here is solely to comply with the TEFRA, Section 147(F). Also, if you look at Section 1, which is the operative language in the resolution, starting on line 10, where it says, "The Council recognizes that both CHF and IRC have been advised by other parties independent of the City as to the structure, terms, and provisions of the bonds"; and also it goes on to say, "The city assumes no liability or responsibility of any nature whatsoever with respect to the bonds." He stated that the intent was only to give that type of approval as required by the federal tax laws, not to actually approve the issuance of the bonds, because the Council has not seen any of the bond documents, nor have he or the Agency, nor have they been involved in any of the structuring aspects of the bond issue itself. This approval is limited solely to what is required under the joint powers agreements to have this approved by the City Council and also under the federal tax laws. Ms. McCanunack stated that specifically this is our resolution that says that we are not responsible, but we haven't seen any of the other documents that say we are or we aren't. She stated that she knew Mr. Sabo and the Mayor would never sign a document that says that we are responsible, but the disclosure documents specifically speak to that, and she would think that as this body authorizing this action, that they should know what the disclosure documents say. Mr. Sabo stated that he thought at some point when they do go through the bond issue, they will see what the documents are. They are kind of in a position where the more they see, the more they know, the more liability they incur. The intent of this resolution is not to do anything more than give that minimum that is required under the federal tax laws and joint powers authority. He stated that they also would like to see the bond documents-not that they want to have input or advise them, but still, just for curiosity they would like to see how this 28 11/05/2007 ,...."TI is being characterized and set forth in their official statement. But, again, not to get us to the point where they ask us to review it, or anything else-we don't want to go into that amount of detail. Ms. McCammack said she was glad that Mr. Sabo was as curious about these documents as she was, because that would mean the Council needs to see these documents if they are approving this item. Mr. Sabo stated that when he had copies of the documents he would make them available. He stated that the intent is not to put them on a City Council agenda, although they can certainly be distributed once they are available. Ms. McCammack stated she would greatly appreciate seeing the disclosure documents at the same time Mr. Sabo views them. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2007-449 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R35. RES. CDC/2007-29 - 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 Reimbursement Agreement by and between the Agency and the Inland Valley Development Agency ("IVDA") related to the Economic Development Agency staff position as the designated Enterprise Zone/Economic Development Project Manager. Ms. Pacheco stated that the Inland Valley Development Agency (IVDA) has recently approved the $20,000 allocation for the fiscal year, and this will go to offset the expenditure by the Agency for this particular position which has already been budgeted. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter that said resolution be adopted. Resolution No. CDC/2007-29 was adopted by the following vote: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: None. Ayes: Kelley, 29 11/05/2007 R36. RES. CDC/2007-30 - 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 demolition contract by and between the Agency and AON, Inc., for the demolition of Agency properties in the north Arden Guthrie Area of San Bernardino (lVDA Redevelopment Project Area). Ms. Pacheco advised that this body previously approved the Economic Development Agency borrowing $15 million of Federal 108 Funds and Housing Funds for the purpose of acquiring the remaining fourplexes in the Arden- Guthrie area. She stated that this contract would allow the Agency to proceed with the demolition of 17 properties that the Agency has acquired since the Commission authorized the Agency to move forward with the acquisitions. The contract will enable her to proceed with the demolition of 17 properties initially, with the understanding that as the other 6 are acquired that the contract will be amended to reflect those additional properties as well. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that it was about time the City/EDA cleaned up the mess in the Arden-Guthrie area. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDC/2007-30 was adopted by the following vote: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson. McCammack. Nays: None. Absent: None. Ayes: Kelley, 37. Public Comments Joe Ortiz. 387 West 25th Street, San Bernardino, CA. spoke regarding the Mayor's position relative to the upcoming election. Sal Gutierrez, 6792 N. Ofelia Drive, San Bernardino, CA, stated that several residents were at the meeting from the Ofelia Drive area-an area hit hard by the winds at the end of last month. He stated that the builders had assured them that the damaged fences would be taken care of, but it appeared that they were stalling for time in order for their warranties to expire. He requested help from the City in this matter. Valerie Ross, Director of Development Services, stated that the following day Development Services would be issuing a Notice of Violation to Dennis Sant of Greystone Homes. She stated that in particular he needs to remove the debris from the site (rocks, rubble, and concrete that have been dumped on the site); he will be required to put in permanent chain link fencing for as long as it stays a 30 11105/2007 .~ vacant lot, and treat the site with a polymer material that is sprayed on the surface itself-that as long as there is no vehicular traffic, it wilJ stay indefinitely and hold down the dust and additional erosion. However, if there is a rainstorm, the application would have to be repeated. She stated that the City does have policies and procedures in place for situations such as this. Insofar as the fencing issue, she just found out about that and they wilJ be looking into that as soon as possible. Jaime Alvarez, 1245 Knoll Drive, Redlands, CA, distributed copies and spoke regarding the lawsuit that was filed by Mr. Penman's office against 30 homeowners and his family members, stating that it had to be the most frivolous lawsuit in the history of jurisprudence. GiI Navarro, 1440 West 6111 Street, San Bernardino, CA, stated that he was alarmed that Linda Carter of the Parks and Recreation Department received $200 for a political ad from JoAnn Gilbert who is running for Congress. He stated that he thought it was ilJegal for the City to be running political ads and asked that there be an investigation and a possible policy regarding the matter. Lori Sassoon, Assistant City Manger, advised that the matter had been brought to the attention of Kevin Hawkins, Director of Parks and Recreation, and it would be addressed appropriately. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding our new reality and the problems that wilJ surface when we have to start dealing with a real oil shortage in this county. John MatJey, 380 West 17111 Street, San Bernardino, CA, spoke regarding a Code Enforcement problem his family has recently endured, stating that he believed they had intentionally destroyed evidence in his file when they discovered that it had been collected in violation of City policy. Lynette Kaplan, 3793 W. Meyers Road, San Bernardino, CA, stated that four years ago her home burned in the fire; however, this time all homes were saved. She thanked all the firefighters who risked their lives to save their homes; Stacey Aldstadt, Water Department General Manger, who met with the residents to find a solution that would ultimately save their homes; Councilman Chas Kelley for helping to make their rebuilding process possible; and Jim Penman for listening to their concerns. Anthony Garacci, 966 West Crescent Avenue, San Bernardino, CA, stated that 3,000 inmates came to fight the fire this year. He stated that they have 18 months to come back into this society, and yes, they did mess up, but they deserve another chance. 31 11/05/2007 Tom Kanavos, 1962 Turrill Avenue, San Bernardino, CA, of Turrill Transitional Assistance, stated that two months ago two of his houses were illegally shut down; that he was indicted and called a criminal with three different counts, yet all three counts were dismissed. He stated that this is the second time they have been to court and won; and noted that Mr. Turner has taken Mr. Penman's cowardly stance with his political mailings. James Penman, 221 E. Marshall Blvd., San Bernardino, CA, stated that some of the Council members actually believe that elected City Attorneys are not supposed to be involved in policy. He then shared information from a City management audit that discussed the role of the City Attorney's office, stating that "it is generally accepted in the public policy literature that providing input on issues of public policy is a common acceptable role for City Attorney offices in small to medium size cities. >> NBl. Vandalism on Allen Property - Athol & "D" Streets Note: No backup material was distributed regarding this item. Because it appeared that vandalism was the result of a business owners' support for James Penman for City Attorney, Mr. Penman declared a conflict in this matter. Council Member/Commissioner McCamrnack made a motion, seconded by Council Member/Commissioner Kelley, that the matter arose subsequent to the posting of the agenda; and that the Mayor and Common Council approve Special Counsel Sabo to act as counsel in the case. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCamrnack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 32 11/05/2007 38. Adjournment At 6:45 p.m. the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, November 19, 2007, in the Council Chambers of City hall, 300 North "0" Street, San Bernardino, California. By: RACHEL G. CLARK City Clerk PZ:~ Linda E. Hartzel Deputy City Clerk No. of Items: 38 No. of Hours: 5.25 33 11/05/2007 CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Coum;il Members: Esther Estrada Dennis J. Baxter Tobin Brinker Neil Derry CIuls Kelley Rikke Van Johnson We~ McCammack - MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING DECEMBER 3,2007 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 1:38 p.m., Monday, December 3, 2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by Assistant City Clerk Medina with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley; City Attorney Pemnan, Assistant City Clerk Medina, City Manager Wilson. Absent: Council Members/Commissioners Johnson, McCammack Council Member/Commissioner Johnson Arrived At 2:23 p.m., Council Member/Commissioner Johnson arrived at the Council/ Commission meeting. 1. Closed Session A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Alvarez & Associates, et aI. v. City of San Bernardino, et al. - United States District Court Case No. 00-03048 PA (Rex); Holcomb, Pearly v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 142385; 12103/2007 Christopher Zimmerer v. City of San Bernardino, et al. - United States District Court Case No. CV 07-4072 ER (VBKx); Sibauste, Amanda Marie v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 142129; Varj!;as, Mary Louise, et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 06-1402 V AP (JCRx). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Nej!;otiator: Linn Livingston, Human Resources Director Employee Orj!;anization: Fire Fighters Association Local No. 891 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 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. 2 12/03/2007 Moment of Silence Mayor Morris extended condolences to the family and requested a moment of silence in memory of John Knabenbauer, a Caltrans Maintenance Equipment Operator, who was hit by a vehicle while performing maintenance tasks on 1-215 in San Bernardino. Invocation/Pledge of Allegiance The invocation was given by Reverend Fred Adams, Pastor of The Rock Church, followed by the pledge of allegiance, led by Diamontae Nickson of Ramona Alessandro School. 2. Appointments There were no commission appointments. 3. Proclamations & Presentations The Pacific High School Jazz Ensemble, directed by C. Diane Trotter, presented a brief performance of holiday music. 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 Johnson made a motion, seconded by Council Member/Commissioner Baxter, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 6. Claims & Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated November 19, 2007, from Barbara Pachon, Director of Finance, be approved. 3 12/03/2007 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 7. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the personnel actions, as submitted by the Chief Examiner, dated November 27, 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. Nays: None. Absent: Council Member/Commissioner McCammack. 8. ORD. MC-1260 - An Ordinance of the City of San Bernardino repealing Chapter 8.35 to Title 8 of the San Bernardino Municipal Code, that any vehicle used to solicit an act of prostitution or to acquire or attempt to acquire a controlled substance is a nuisance subject to seizure and impoundment. FINAL READING Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be adopted. Ordinance No. MC-1260 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson. Nays: Council Member/Commissioner Derry. Absent: Council Member/ Commissioner McCammack. 9. RES. 2007-461 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a professional services agreement between Mundell, Odium & Haws and the City of San Bernardino in the case of Michael Desrochers and Steve Lowes v. City of San Bernardino, et ai. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-461 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 10. Item Deleted 4 12/03/2007 II. Approve Local Appointments List per Maddy Act Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council approve the Local Appointments List of all regular and ongoing boards, commissions, and committees and direct that the City Clerk send a copy of the List to the Feldheym Library for posting pursuant to Government Code Section 54973. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCanunack. 12. RES. 2007-462 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, reciting the facts of the Primary Municipal Election held on the ~ day of November 2007, declaring the results thereof and setting forth such other matters as are allowed by law. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-462 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 13A. RES. 2007-470 - Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution 2005-363 to include the use of a City Register of Historical and Architecturally Significant Properties for the purposes of Mills Act Eligibility. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker. that said resolution be adopted. Resolution No. 2007-470 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter. Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 13B. RES. 2007-471 - Resolution authorizing the execution of a Mills Act Preservation Agreement with Mark D. Valadez, and adding 980 W. Edgemont Dr. to the Official City Register of Historical and Architecturally Significant Places. Joe Ortiz, 387 West 25th Street, San Bernardino, CA, stated that in August 1989 the Council approved the designation of the 300-400 blocks of West 25th Street as a historical neighborhood site. However, on November 10 of this year, the three signs placed in their neighborhood regarding this historical 5 12/03/2007 designation were stolen. Two weeks later, on November 26, there was a theft of signs at the Campo Santo Memorial Park, which is about a half block from his neighborhood. He stated that possibly this might not have happened if the City had a graffiti task force on the streets in and around that area. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-471 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCamrnack. 14. ORD. MC-1261 - An Urgency Ordinance of the City of San Bernardino amending Sections 15.04.010, 15.04.020, 15.04.065, 15.04.070, 15.04.075, 15.04.100, 15.04.110, 15.04.114, 15.04.120, 15.04.125, 15.04.130, 15.04.163, 15.04.165, 15.04.167, 15.04.175, 15.04.179, 15.04.180, 15.04.200, 15.04.210, 15.04.220, 15.04.221, 15.04.222, 15.04.223, 15.04.225, 15.04.230, 15.04.250, 15.10.040, 15.10.060, 15.10.080, 15.74.010 and repealing Sections 15.04.055, 15.04.077, 15.04.084, 15.04.105, 15.04.116, 15.04.117, 15.04.118, 15.04.119, 15.04.133, 15.04.177, 15.04.250, 15.12.010 of the San Bernardino Municipal Code and adopting by reference the 2007 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24 (CCR, T-24), incorporating the International Building Code, 2006 Edition, the Uniform Mechanical Code, 2006 Edition, the Uniform Plumbing Code, 2006 Edition, the National Electrical Code, 2005 Edition; and adopting the Uniform Housing Code, 1997 Edition, the Uniform Administrative Code, 1997 Edition; the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, and amending those California Building Standards as identified herein, through express fmdings of local necessity, and declaring the urgency thereof and taking effect on January 1, 2008. URGENCY Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said urgency ordinance be adopted. Ordinance No. MC-1261 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 15. An Ordinance of the City of San Bernardino amending Sections 15.04.010, 15.04.020, 15.04.065, 15.04.070, 15.04.075, 15.04.100, 15.04.110, 15.04.114, 15.04.120, 15.04.125, 15.04.130, 15.04.163, 15.04.165, 15.04.167, 15.04.175, 15.04.179, 15.04.180, 15.04.200, 15.04.210, 15.04.220, 15.04.221, 15.04.222, 15.04.223, 15.04.225, 15.04.230, 15.04.250, 15.10.040, 15.10.060, 15.10.080, 15.74.010 and repealing 6 12/03/2007 Sections 15.04.055, 15.04.077, 15.04.084, 15.04.105, 15.04.116, 15.04.117, 15.04.118, 15.04.119, 15.04.133, 15.04.177, 15.04.250, 15.12.010 of the San Bernardino Municipal Code and adopting by reference the 2007 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24 (CCR, T-24), incorporating the International Building Code, 2006 Edition, the Uniform Mechanical Code, 2006 Edition, the Uniform Plnmbing Code, 2006 Edition, the National Electrical Code, 2005 Edition; and adopting the Uniform Housing Code, 1997 Edition, the Uniform Administrative Code, 1997 Edition; the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, and amending those California Building Standards as identified herein, through express findings of local necessity. FIRST READING Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, 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. Nays: None. Absent: Council Member/Commissioner McCammack. 16. RES. 2007-472 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Nikola Constrnction Corporation dba Nikola Corporation for the sewer and street improvements, Cedar Street from Baseline Street to Gilbert Street, Canyon Road from Baseline Street to Gilbert Street, Wallace Court from Richardson Street to east end, 24th Street from "G" Street to "H" Street (SW07-02, SW07-01, SW06-01, & SW06-09), per Project Plan No. 11868. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-472 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCanunack. 17. Resolutions authorizing the execution of a right of way easement for a portion of Northpark Boulevard, south of Campus Parkway; an easement for traffic siguals and handicap ramps at Northpark Boulevard and Sierra Drive; an easement for landscape maintenance along the northwesterly side of Northpark Boulevard, south of Campus Parkway; and an Acceptance of an Assigument of an Agreement and Grant of Easement for the area southerly of Campus Parkway and northwesterly of Northpark Boulevard, all from California State University 7 12/03/2007 RES. 2007-463 - Resolution of the City of San Bernardino authorizing and directing the execution of acceptance of a grant of easement from the trustees of the California State University for the realignment of Northpark Boulevard right of way, southerly of Campus Parkway. (17 A) RES. 2007-464 - Resolution of the City of San Bernardino authorizing and directing the execution of acceptance of a grant of easement from the trustees of the California State University for traffic signals and handicap ramp at Northpark Boulevard and Sierra Drive, a private street, northerly of Ash Street. (178) RES. 2007-465 - Resolution of the City of San Bernardino authorizing and directing the execution of acceptance of a grant of easement from the trustees of the California State University for landscape installation and maintenance, generally located along the northwesterly side of Northpark Boulevard, southerly of Campus Parkway. (17C) RES. 2007-466 - Resolution of the City of San Bernardino authorizing and directing the execution of acceptance of an assignment from Park- University, LLC of an agreement and grant of easement from the trnstees of the California State University to Park-University, LLC for landscape installation and maintenance generally located along the northwesterly side of Northpark Boulevard, southerly of Campus Parkway. (I7D) Council Member/Commissioner Johnson made a motion. seconded by Council Member/Commissioner Baxter, that said resolutions A-D, be adopted. Resolution Nos. 2007-463, 2007-464, 2007-465 and 2007-466 were adopted by the following yote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/ Commissioner McCammack. 18. Approval of FY 2006/07 Continuing Appropriations and Encumbrance Carryovers into FY 2007/08 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Council approve carrying over the listing of FY 200612007 Continuing Appropriations and Encumbrances into FY 2007/2008 attached to the Staff Report dated 12/3/07 from Barbara Pachon, Director of Finance. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 8 12/03/2007 19. Establish salaries for Police Department Ranges P-4, P-5, P-6 & P-7, effective August 1, 2007 Joe Ortiz, 387 West 251h Street, San Bernardino, CA, suggested that the Council take some of the money being saved for the future hiring of the 40 police officers and use it for a graffiti task force. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the salaries for the Police Department Ranges P-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Police Chief), and P-7 (Police Chief) be established, effective August I, 2007; that the Human Resources Department be authorized to amend Resolution No. 6429 to reflect the above action; and that the Director of Finance be authorized to amend the FY 2007-08 budget by increasing the Police Department General Fund budget for Charter 186 costs by transferring $158,000 from the General Government budget in Account No. 001-092-5011 to the appropriate Police Department Divisions budget accounts and also make the appropriate adjustments to the various Police Grants as allowed by the Grants. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 20. Establish salaries for Fire Department Ranges P-1, P-2, P-3 & P-4, effective August 1, 2007 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the salaries for Fire Department Ranges P-l (Firefighter), P-2 (Firefighter/Paramedic), P-3 (Fire Engineer), and P-4 (Fire Investigator/Captain) be established, effective August I, 2007; that the Human Resources Department be authorized to amend Resolution No. 6429 to reflect the above action; and that the Director of Finance be authorized to amend the FY 2007/08 budget by increasing the Fire Department General Fund budget for Charter 186 costs by transferring $999,300 from the General Government budget in Account No. 001-092-5011 to the appropriate Fire Department budget accounts. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 9 12/03/2007 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to issue an annual purchase order to Galls, Inc. to provide employee uniforms during FY 2007-08 in an amount not to exceed $50,000 with two renewals at the City's option. Note: The resolution was not distributed with the backup materials. Mayor/Chairman Morris advised that staff had requested that this item be continued to December 17. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of December 17, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 22. RES. 2007-467 - A Resolution of the Mayor and Common Council authorizing the execution of an agreement and issuance of a purchase order to Ironman Parts & Services of Corona pursuant to Section 3.04.010-B3 of the Municipal Code, for eight diesel particulate fIlters to be installed on eight refuse trucks, per the California Air Resources Board (CARD) regulations. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 Fleet budget to appropriate $77,500 into Account No. 635-341-5173, Outside Vehicle Maintenance, and to make the corresponding adjustments in the Refuse Fund. The motion carried and Resolution No. 2007-467 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/ Commissioner McCammack. 23. Item Deleted 24. A Resolution of the Mayor and Common Council authorizing the execution of an agreement and issuance of a purchase order to RedIands Auto Center pursuant to Section 3.04.010-B3 of the Municipal Code for the purchase of one right hand drive Jeep Wrangler to be utilized by the Facilities Department Parking Control Division. 10 12/03/2007 Note: The resolution was not distributed with the backup materials. Council Member/Commissioner Johnson 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. Nays: None. Absent: Council Member/Commissioner McCammack. 25. RES. 2007-468 - A Resolution of the Mayor and Common Council authorizing the execution of an agreement and issuance of a purchase order to Chaparral Motorsports of San Bernardino pursuant to Section 3.04.010- B3 of the Municipal Code for the purchase of three (3) 2007 Honda ST1300P Police Motorcycles to be utilized by the Police Department. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-468 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 26. RES. 2007-473 - A Resolution of the Mayor and Common Council authorizing the execution of an agreement and issuance of a purchase order to Turf Star, Inc. pursuant to Section 3.04.010-B3 of the Municipal Code for the purchase of four (4) GM7200 72" Toro Riding Mowers to be utilized by the Parks and Recreation Department. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-473 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 27. RES. 2007-469 - Resolution of the Mayor and Common Council of the City of San Beruardino authorizing the Fourth Amendment to the Waste Delivery Agreement between the County of San Bernardino and the City of San Bernardino. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. 11 12/03/2007 Resolution No. 2007-469 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 28. RES. 2007-474 - Resolution of the Mayor and Common Council of the City of San Bernardino restricting parking at the locations, days and times specified on Attachment "A" for the purposes of a street sweeping pilot program. Council Member/Commissioner Estrada asked what the cost would be for an infraction or violation of the parking restrictions. When Mr. Wilson advised that it would be $30, Ms. Estrada responded that it should be higher-that $30 was nothing for some of these truckers. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-474 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 29. Appeal hearing - regarding the denial for application for permit for Massage Parlor - "Mini-Day Spa" - Herlinda Montenegro (Continued from November 19, 2(07) The hearing remained open. No public comments were received. Couocil Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that the Mayor and Common Council uphold the decision of the Chief of Police and adopt his letter of October 23, 2007, as its findings and conclusion, based upon the back- up information submitted and any additional evidence presented at the hearing. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Couocil Member/Commissioner McCammack. 30. Initiation of a Development Code Amendment regarding Parolee Group Homes and Residential Care Facilities (Continued from November 19, 2007) 12 12/03/2007 An Ordinance of the City of San Bernardino amending the San Bernardino Municipal Code (Development Code), to allow group homes and residential care facilities for parolees in non-residential and non-commercial land use districts subject to a conditional use permit. The CH (Commercial Heavy) Land Use Districts may also be considered to allow parolee group homes and residential care facilities subject to a conditional use permit. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Kelley, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Brinker, Derry, Kelley. Nays: Council Members/ Commissioners Baxter, Johnson. Absent: Council Member/Commissioner McCammack. 31. Luncheon Workshop - EDA Boardroom - Senator Robert Dutton Senator Dutton's office notified the City Manager's office that he would not be able to make the scheduled workshop; therefore, the workshop was cancelled and no future date was specified. 32. Draft Memorandum of Understanding with the County of San Bernardino to provide assistance to the City of San Bernardino, Operation Phoenix Eastern Area Note: No Staff Report was included in the backup materials. Mayor/Chairman Morris advised that this document was still a work in progress and a continuance had been requested by staff. City Attorney Penman stressed the importance for all departments to try and get their legal documents to the City Attorney's office in a timely manner for the regularly scheduled Council meetings. He stated that this was particularly important when dealing with large corporations, or another government entity such as the County. He stated that his office prefers to draft the agreements- that when other entities draft them they tend to draft them in a manner favorable to themselves. Also, when it's an important City program such as Operation Phoenix, the earlier they can ascertain what it is that our staff and elected officials want in the memo, the sooner they can get a good document drafted. Council Member/Commissioner Kelley requested that the backup materials from two weeks ago be included in the backup materials when this item comes back to the Council. 13 12/03/2007 Mayor/Chairman Morris stated that relative to the issue of parolee reentry and the workshop regarding same, he intends to appoint an ad hoc conunittee on parolee reentry comprised of three members of the Common Council and the Mayor. Also, he has asked Judge Tara Reilly if she would share in it as an uninvolved third party, and she said she would act as a convener. He stated that once the committee convenes, it may choose to include other members, as may be appropriate. He stated that he envisioned the committee as having several stated purposes-one being to review the desirability for the possible CUP that they have just been discussing for secure parolee reentry facilities; also to keep abreast of the efforts of the State and the County regarding parolee reform and reentry, and to study and make recommendations to the Council on appropriate opportunities for the City to work with the State and the County, or other partners, to improve parolee and probationer reentry into our community. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council! Conunission meeting of December 17, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. COMMUNITY DEVELOPMENT COMMISSION R33. Public hearing - Midterm Review and Amendment of the Five (5) Year Implementation Plan 2004-2009 for the Agency's eleven (11) redevelopment project areas and IVDA Redevelopment Project Area (Housing Component) Resolution of the Community Development Commission of the City of San Bernardino adopting the Redevelopment Agency of the City of San Bernardino's ("Agency") Midterm Review and Amendment of the Five (5) Year Implementation Plan 2004-2009 for the Agency's eleven (11) redevelopment project areas (Central City North, Central City West, State College, Southeast Industrial Park, Northwest, Tri-City, South Valle, Uptown, Mt. Vernon Corridor, 40th Street, Central City Projects Merged - comprised of Central City East, Central City Sonth, Meadowbrook and Central City Projects) and the Inland Valley Development Agency ("IVDA") Redevelopment Project Area (Low-Moderate Income Housing Component).m Note: No backup materials were distributed. 14 12/03/2007 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of December 17, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 34. Public Comments Joe Ortiz, 387 West 25th Street, San Bernardino, CA, spoke regarding the large number of parolees sent to our city and the problems associated with their reentry into society. Anthony Garacci, 966 N. Crescent Avenue, San Bernardino, CA, spoke regarding the parolee issue and the fact that everyone needs to be working together on this problem. Tierney Harris, 2025 Sunrise Lane, #4, San Bernardino, CA, stated that San Bernardino is not renter friendly and spoke about the harassment she has been experiencing from her landlord since complaining about the many code violations in her unit. 35. Adjournment At 4:45 p.m. the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, December 17, 2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By: U dY ~Afl/ Linda E. Hartzel Deputy City Clerk No. of Items: 35 No. of Hours: 3.25 15 12/03/2007