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HomeMy WebLinkAbout06-Council Minutes i CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Potrick J. Morris Council Members: Esther Estroda Dennis J. Baxter Tobin Brinker Neil Derry CIws Kelley Rikke Yon Johnson We~ McCammack ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MARCH 3, 2008 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, March 3, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner Kelley. Council Member/Commissioner Kelley Arrived At 1:49 p.m., Council Member/Commissioner Kelley arrived at the Council/Commission meeting. City Clerk Clark Excused At 5:30 p.m., City Clerk Clark left the Council/Commission meeting and was replaced by Assistant City Clerk Medina. Council Member/Commissioner Kelley Excused At 6:01 p.m., Council Member/Commissioner Kelley left the Council/Commission meeting. 1 03/03/2008 ~ 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. - United States District Court, Central District of California, EDCV 06- 1408 V AP (JCRx) and related Civil Service Board case, In re Steve Lowes; San Bernardino Redevelopment Agency, a Joint Powers Agency v. William Cooper - San Bernardino Superior Court Case No. SCVSS 67622. 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: Arrowhead Country Club Area Residents v. City of San Bernardino Gina Meyer v. City of San Bernardino C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. Arrowhead Country Club D. Closed Session - personnel - pursuant to Government Code Section 54957: Law Student Intern 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 GovernInent Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 2 03/03/2008 Central City Redevelopment Project Area 1. Property Address: 333 N. "H" Street APN: 0134-182-04 Ne,gotiatin,g Parties: Emil Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as buyer, and Walter Hunt, as owner Under Ne,gotiation: Purchase price, terms, and conditions Central City North Redevelopment Project Area (Downtown Acquisition Pro2l'8Dl) 2. Property Address: 701 W. 5th Street (Vacant building) APN: 0134-093-08 and 09 Ne,gotiatin,g Parties: Emil Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as buyer, and Ali Salman, on behalf of Infinite State, Inc., property owner/seller Under Ne,gotiation: Purchase price, terms, and conditions Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Inaugural Ceremony The invocation was given by Reverend Joshua Beckley of Ecclesia Christian Fellowship, followed by the pledge of allegiance, led by Ben Mendoza, a sixth grade student at Del Rosa Christian School. Music was provided by Cal State University San Bernardino Chamber Singers, and Minister Cliff Duncan, who was accompanied by Julian Marsailes Johnson. Mayor Patrick J. Morris administered the oath of office to City Clerk Rachel G. Clark, City Treasurer David C. Kennedy, Third Ward Council Member Tobin Brinker, and Sixth Ward Council Member Rikke Van Johnson; Judge John Martin administered the oath of office to City Attorney James F. Penman and Seventh Ward Council Member Wendy McCammack; and Judge Cynthia A. Ludvigsen administered the oath of office to Fifth Ward Council Member Chas Kelley. A reception followed in the foyer of City Hall. 3 03/03/2008 , Moment of Silence Mayor/Chairman Morris extended condolences to the families and requested a moment of silence in memory of John L. Nel1ans, who retired from the Police Department after nearly 40 years of service; and John Gallo, Jr., a long-time resident of the City of San Bernardino who retired from the Police Department after 20 years of service and was also a mechanic with the Santa Fe Railroad for 20 years. 2. Appointments - Youth Advisory Commission - Mayor Morris . Raddae Chew - Public Safety Academy Appointee . Jimmy Seter - Aquinas High School Appointee · Rocio Ruiz - San Gorgonio High School Appointee Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the appointments of Raddae Chew, Jimmy Seter and Rocio Ruiz, to the Youth Advisory Commission, as requested by Mayor Morris, be approved. The motion carried by the fol1owing vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kel1ey, Johnson, McCanunack. Nays: None. Absent: None. 3. Presentations There were no presentations. 4. Announcements Announcements were made by the Mayor and members of the Common Council regarding various civic/community events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that ful1 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 fol1owing vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kel1ey, Johnson, McCanunack. Nays: None. Absent: None. 4 03/0312008 6. Claims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated February 15, 2008, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7. Personnel Actions Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Interim Chief Examiner, dated February 26, 2008 in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8. RES. 2008-68 - Resolution of the Mayor and Common Council of the City of San Bernardino rescinding Resolution No. 2007-459 and authorizing the execution of an amendment to the agreement to form a Landscape Maintenance District between the City of San Bernardino and SE 1-215, L.P., HSB 1-215, L.P., HW LIT INTERCHANGE, LP, IDLLWOOD LIT II, LP, and INTERCHANGE DRAINAGE BASIN, LLC, for that certain real property generally located on the west side of 1-215, north of Shandin Hills Golf Course, south of University Parkway, and east of Cajon Boulevard, in San Bernardino. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-68 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. RES. 2008-69 - Resolution of the City of San Bernardino declaring its intention to order the vacation of a portion of Pear Street, north of Walnut Street and east of Mount Vernon Avenue. 5 03/03/2008 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Jolmson, that said resolution be adopted. Resolution No. 2008-69 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Jolmson, McCammack. Nays: None. Absent: None. 10. RES. 2008-70 - Resolution of the City of San Bernardino declaring its intention to order the vacation of a portion of Crescent Avenue between Huff Street and College Drive. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Jolmson, that amended Plan No. 12291A showing the area of the proposed vacation, be approved; and that said resolution be adopted. The motion carried and Resolution No. 2008-70 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. II. RES. 2008-71 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Subdivision Tract No. 16509-7 (Unit 6 - Lots 106 through 159) located on the west side of Northpark Boulevard between University Parkway and the Devil Creek Flood Control Channel, accepting the public dedications as set forth on said maps; and authorizing execution of the standard form of agreement for the improvements in said subdivisions, with time for performance specified. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Jolmson, that said resolution be adopted. Resolution No. 2008-71 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Jolmson, McCammack. Nays: None. Absent: None. 12. Item Deleted 13. Request for waiver of fees for the Berdoo Bikes & Blues Rendezvous event scheduled for May 2-3, 2008 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the request for a waiver of fees in the amount of $49,000 for Police Department fees for personnel and equipment costs associated with the "Berdoo Bikes & Blues Rendezvous" scheduled for May 2-3, 2008, be approved. 6 03/0312008 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Kelley. 14. Item Deleted 15. Public hearing - resolution approving the annexation, resolution calling the special election and resolution certifying the results of an election relative to Community Facilities District No. 1033, Annexation No. 5 for property consisting of a residential development located at Belmont Avenue and Olive Avenue - Tentative Tract No. 17396 RES. 2008-65 - A Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the annexation of territory generally located southerly of Belmont Avenue, easterly of Olive Avenue (Annexation No. 5) to Community Facilities District No. 1033 and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors. (l5A) RES. 2008-66 - A Resolution of the Mayor and Common Council of the City of San Bernardino, California, calling a special election and submitting to the voters of Annexation No.5, generally located southerly of Belmont Avenue, easterly of Olive Avenue, of City of San Bernardino Community Facilities District No. 1033 propositions regarding the annual levy of special taxes within Annexation No. 5 and the establishment of an appropriations limit. (ISH) RES. 2008-67 - A Resolution of the Mayor and Common Council of the City of San Bernardino, California, making certain rmdings, certifying the results of an election and adding property to Community Facilities District No. 1033, Annexation No.5, generally located southerly of Belmont Avenue, easterly of Olive Avenue. (l5C) Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolutions A & B, be adopted. The motion carried and Resolution Nos. 2008-65 and 2008-66 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7 03/03/2008 Assistant City Clerk Medina announced that the ballot, which represented five (5) votes, was returned in favor of Propositions A and B of the proposed annexation. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution C, be adopted. Resolution No. 2008-67 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an agreement with the San Bernardino Downtown Rotary Club for rmancial assistance from the Civic and Promotion Fund for FY 2007/08. (Earth Day Fair & Expo 2(08) (Continued from February 19,2(08) Oscar Hermosillo, Jr., Sunset Rotary Club, 1836 Commercenter Circle, San Bernardino, CA, spoke in support of the item. Tracylyn Sharrit, President of the San Bernardino Sunset Rotary Club, 3238 Roberds Avenue, San Bernardino, CA, stated that having the City's support would be a big plus and she could see this becoming a great event like the Orange Show and Route 66. She stated that they need to move forward and felt that it would be a bad idea to continue this item for another two weeks. Jim Conkle, Co-Chair of the Earth Day Fair and Expo, stated that this was a good opportunity to make the City of San Bernardino stand out as being "green friendly" . Santos Pineda, Los Padrinos, 445 S. Arrowhead, San Bernardino, CA, stated that they supported this event and looked forward to working with the City. Thomas Salisbury, PR and Fundraising Chairperson for the San Bernardino Sunset Rotary Club, 1443 Clock Avenue, Redlands, CA, read their vision statement for this event and stated that waiting an additional two weeks would be very detrimental. He stated that in order to give this event credibility they would need to get approval to use the City logo. Linda Gregory, 31 N. Buena Vista, Redlands, CA, teacher at Urbita Elementary School, stated that for the last ten years she has taken a group of about 50 kids to the environmental expo that was held at Cal State and that they were devastated to hear that the expo would not take place this year. Chelsea Lock, member of the Youth Advisory Commission, 3238 Roberds A venue, San Bernardino, CA, stated that this was a great opportunity to get people involved and having the City's support would make it much better. 8 03/03/2008 Jimmy Seter, member of the Youth Advisory Commission, 2772 Sterling Avenue, San Bernardino, CA, asked for the City's support for the upcoming Earth Day Expo event. He stated that he believed that the youth of San Bernardino have a vested interest in the global future and his generation must take action in bettering the environment. Qing Cao, member of the Earth Day Committee, 1836 Commerce Center Circle, San Bernardino, CA, stated that they need to teach young people about conservation and environmental awareness. Staff requested that this matter be continued for two weeks due to the fact that there were several legal issues that needed to be resolved such as getting the required permits and use of the City seal, which requires a written agreement. Council Member/Commissioner McCammack had concerns regarding event sponsors and partners, discrepancies in the total amount requested, math errors, and the report from the Ways and Means Committee, and requested that the information be provided to them at the next Council meeting. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/Commission meeting of March 17, 2008. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Kelley. 17. RES. 2008-72 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a grant application to the David and Lucille Packard Foundation, and accepting said grant, and authorizing the City Manager to execute grant documents. (Continued from February 19, 2(08) Council Member/Commissioner McCammack expressed conceru that this item had not gone to the Grants Ad Hoc Committee prior to coming before the full Council. Council Member/Commissioner McCammack stated that she supports the concept of preschool for every child; however, if they have to invest any money into this program other than the 15 percent of staff time, she made it clear that she would oppose it at that time. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. 9 03/03/2008 '. Resolution No. 2008-72 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Kelley. COMMUNITY DEVELOPMENT COMMISSION Staff present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack; City Attorney Penman, Economic Development Agency Interim Executive Director Marzullo and Special Counsel Sabo. Absent: Council Member/Commissioner Kelley. RI8. Joint Public Hearing - TELACU Housing - San Bernardino IV, Inc., 2008 HOME Funds Loan and Grant Development Agreement (lVDA Redevelopment Project Area) (Continued from February 19,2(08) Resolution of the Mayor and Common Council of the City of San Bernardino approving 1) an amendment to the City's 2005-2010 Five-Year Consolidated Plan and the 2007-2008 Annual Action Plan, and 2) the allocation of $3.2 million in Federal HOME CHDO Grant Funds to TELACU Housing - San Bernardino IV, Inc., a California non-profit public benefit corporation ("Developer") (lVDA Redevelopment Project Area). (R18A) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the 2008 HOME Funds Loan and Grant Development Agreement by and between the Agency and TELACU Housing - San Bernardino IV, Inc., a California non-profit public benefit corporation ("Developer") (lVDA Redevelopment Project Area). (R18B) The hearing remained open. Submitted into the record was a document titled, "TELACU - RI8, REVISIONS," dated March 3, 2008, which noted the revisions that had been made to pages 1 and 2 of the staff report, page 1 of the Community Development Commission resolution, and page 14 of the agreement. Council Member/Conunissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that said resolutions A & B, be adopted. (Note: No vote was taken.) Council Member/Commissioner McCammack stated that she was confused because she thought the Council had previously discussed the improbability of this project going through because of some major investment that had been made. lO 03/03/2008 Interim Executive Director Marzullo stated that that discussion was regarding TELACU V. He requested that this item be continued for two weeks in order to clarify any questions and/or concerns that Council Member/Commissioner McCanunack may have. No public comments were received. Council Member/Commissioner Baxter made a substitute motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of March 17, 2008. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCanunack. Nays: None. Absent: Council Member/Commissioner Kelley. R19. Shandin Hills Golf Course Lease - Consent to Assignment of Lease to CNL Income EAGL Leasehold Golf, LLC (State College Redevelopment Project Area) RES. CDC/2008-9 - Resolution of the Community Development Commission of the City of San Bernardino approving the assignment of the 1985 Shandin Hills Golf Club Lease along with its amendments, from Shandin Hills Golf Club, a California corporation, to CNL Income EAGL Leasehold Golf, LLC, a Delaware Limited Liability Company, and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute (1) the Consent to Assignment of Lease and Sublease, Assumption of Lease Obligations and Release; (2) the Estoppel Certificate; (3) the Memorandum of Understanding; and (4) the Memorandum of Lease (State College Redevelopment Project Area). Council Member/Commissioner McCanunack stated that she would have to abstain on this matter because Shandin Hills Golf Club is a client of her business. Warner Hodgdon, 405 E. Arrowhead Road, San Bernardino, CA, discussed and submitted into the record two reports titled, "Shandin Hills Golf Course _ Consent to Assignment of Lease to CNL Income EAGL Leasehold Golf, LLC (State College Project Area)," dated March 3, 2008. Paul Ballam, speaking on behalf of the new lessee, stated that the golf course is in excellent condition and that usage and revenues are at all time highs. He stated that over the last three years American Golf privately funded several improvements including ADA upgrades, renovation of the banquet facility, and upgrades to the kitchen. He stated that they appreciate the City's commitment to the golf course. 11 03/03/2008 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDCI2008-9 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. 'Absent: Council Member/Commissioner Kelley. 20. Public Comments Kimberly Miller, 1660 Kendall Drive, #110, San Bernardino, CA, social work student at Cal State, spoke about the need to provide educational assistance to women who leave prison and have no place to go. Patryce Sinkfield, P.O. Box 2091, Rancho Cucamonga, CA, social work student at Cal State, asked if the City could provide a facility for female parolees and their children. Lewis Whilden, 4007 Verdugo Road, Los Angeles, CA, spoke regarding the Homeowners and Bank Protection Act of 2007. Tom Seccombe, 242 E. 4th Street, San Bernardino, CA, stated that he has made several calls to the City to complain about the street lights on his street that have been out for over a month and nothing is being done. 21. Adjournment At 7:23 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, March 17, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk BY~~. Linda Sutherland Deputy City Clerk No. of Items: 21 No. of Hours: 6 12 03/03/2008