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HomeMy WebLinkAbout07-18-2011 Jt Reg Mtg MinutesL181 San CITY OF SAN BERNARDINO 300 N. `D " Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Virginia Marquez Vacant Tobin Brinker Fred Shorett 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 JULY 18, 2011 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, July 18, 2011, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: None. Vacant: Second Ward. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Donald Sipple, et al. v. City of San Bernardino, et al. - Los Angeles QSuperior Court, Case No. BC 462270. 1 07/18/2011 Q 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: American Traffic Solutions v. City 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: © Fire Safety Unit G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. X Reading of Resolutions and 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. Moment of Silence Mayor/Chairman Morris requested a moment of silence in memory of David Zamora, Mayor of the City of Colton. Invocation/Pledge of Allegiance The invocation was given by Reverend Dennis Morgan Brown, former Pastor of New Hope Missionary Baptist Church. The pledge of allegiance was led by Marisol Magana, a fifth grade student at Riley Elementary School. 2. Appointments There were no commission appointments. 2 07/18/2011 © 3. Presentations The following individuals were presented a service pin award by Mayor/Chairman Morris in recognition of their many years of dedicated service to the City: Name Department Years of Service Vanessa Barajas City Clerk 5 Telicia Lopez City Clerk 5 Ryan Aschenbrenner Public Works 5 Dirk Dippold Public Works 5 Adrienne Loa Public Works 25 Danny Louie Public Works 10 Charles McNeely announced that three new categories had been added to the Employee of the Quarter Award and that four recipients would be receiving the award. • Keith Kilmer, Chief of Police, announced that the recipient of the Leadership Award was Lt. Mark Aranda. © • Janice Stowers, San Bernardino Employment and Training Agency (SBETA), announced that the recipient of the 2011 Customer Service Award was Joe Castro. • Linn Livingston, Director of Human Resources, announced that the recipient of the Teamwork and Partnership Award was Rhonda Haynes. • Michael Conrad, Fire Chief, announced that the recipient of the Innovative Award was Tom Rubio. Council Member/Commissioner Johnson joined Mayor Morris in recognizing Edgar Alvarado, Jr., who has earned a berth to the USA Olympic Team Trials in Mobile, Alabama. Council Member/Commissioner Kelley joined Mayor Morris in presenting the Citizen of the Month Award to Kim Drewy for her work in mentoring children and for organizing a City-wide Girl Scout troop. Lea Deesing, Director of Information Technology, introduced Jennifer Riggs of California Emerging Technology Fund (CETF), who made a PowerPoint presentation regarding "GetConnected!" - a public awareness program to close the digital divide in California. Lori Tillery, Economic Development Agency, © updated the Mayor and Council on progress the EDA team is making to narrow the digital divide within the City. 3 07/18/2011 0 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 and Ordinances Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated July 18, 2011, be waived. The motion carried unanimously. 6. Council Minutes Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, 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: April 26, 2011; June 6, 2011; and June 23, 2011. The motion carried unanimously. 7. Claims and Payroll Council Member/Commissioner Shorett 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 July 12, 2011, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 8. Personnel Actions Council Member/Commissioner Marquez made a motion, seconded by Council Member/Commissioner Brinker, that the personnel actions, as submitted by the Chief Examiner, dated July 14, 2011, 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 unanimously. 9. Report from Measure Z Citizen's Oversight Committee on Uses of Measure Z Funds - July 1, 2009 through June 30, 2010 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that the report from the Measure Z Citizen's © Oversight Committee on Uses of Measure Z Funds - July 1, 2009 through June 30, 2010, be received and filed. The motion carried unanimously. 4 07/18/2011 0 10. RES. 2011-217 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Sport Trailers in the amount of $61,557.75 for five mobile community emergency response team trailers. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2011-217 was adopted unanimously. 11. ORD. MC -1360 - An Ordinance of the Mayor and Common Council of the City of San Bernardino authorizing an amendment to the contract between the Mayor and Common Council of the City of San Bernardino and the Board of Administration of the California Public Employees' Retirement System. FINAL READING (Continued from July 5, 2011) Council Member/Commissioner McCammack stated that she would like to see any potential savings noted on future agenda items. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be adopted. Ordinance No. MC -1360 was adopted unanimously. O12. RES. 2011-218 - Resolution of the City of San Bernardino amending Resolution No. 6413, Sections Ten, Eleven, Twelve, and Fourteen, entitled in part "A Resolution... establishing a basic compensation plan ...", by updating information codifying prior Council actions (General, Middle -Management, and Confidential & Management). U Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2011-218 was adopted unanimously. 13. Establishment of salaries for Police Department Ranges P-1, P-2, P-3, P-4, P- 5, P-6, P-7 & Law Enforcement Trainee, effective August 1, 2010 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the salaries for Police Department Ranges P-1 (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant), P-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Chief), P-7 (Chief) and Law Enforcement Trainee be established, effective August 1, 2010; and that the Director of Human Resources be authorized to amend Resolution No. 6429 to reflect the above action. The motion carried unanimously. 5 07/18/2011 O 14. RES. 2011-226 - Resolution of the City of San Bernardino amending Resolution No. 6429, entitled in part "A Resolution... establishing a basic compensation plan for officers and/or employees of the Police and Fire Departments of the City of San Bernardino." Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2011-226 was adopted unanimously. 15. RES. 2011-219 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a declaration of support for the California Emerging Technology Fund's "GetConnected!" program. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2011-219 was adopted unanimously. 16. RES. 2011-220 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an amendment to the agreement with Time Warner Cable for Direct Internet Service. O Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2011-220 was adopted unanimously. x 17. RES. 2011-221 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance to issue a change order to increase Purchase Order No. 303564 by $29,900 to $318,800 annually for West Coast Arborists to provide tree trimming services throughout the City of San Bernardino, with the addition of open park space facilities. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2011-221 was adopted unanimously. 18. RES. 2011-222 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance to issue a change order to increase Purchase Order No. 303757 by $223,662 to $606,577 for Roadway Engineering and Contracting Inc. for construction of the Verdemont Community Center and Landscaping at Al Guhin Park per Capital Improvement Program Project PR04-28. 6 07/18/2011 ® Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2011-222 was adopted unanimously. 19. RES. 2011-223 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding regarding security at Patton State Hospital between the City of San Bernardino and its Police Department, Department of Mental Health at Patton State Hospital, Hospital Police Department (HPD), Department of Corrections and Rehabilitation (CDCR). Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2011-223 was adopted unanimously. 20. RES. 2011-224 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of an annual purchase order with three single year renewal options in the amount of $45,000 to United Rotary Brush Corporation pursuant to RFQ F- 11-18 for rewound main and gutter sweeper brooms. Q Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2011-224 was adopted unanimously. Me 21. RES. 2011-227 - Resolution of the City of San Bernardino authorizing the execution of Amendment No. 2 to Agreement with AECOM Technical Services to provide Civil Engineering Design Services and Project Management Services for State Street from 16th Street to Foothill Boulevard - extend and construct 4 lanes of roadway (1.5 miles) to connect State Street to Rancho Avenue (SSO4-09). Council Member/Commissioner McCammack stated that she would be abstaining on this item because AECOM is a client of her business. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Johnson requested that staff return in 90 days with an update of the project. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-227 was adopted with McCammack abstaining. 7 07/18/2011 ® 22. RES. 2011-228 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to annual Purchase Order Number 211117 in the amount of $205,000 to Inland Regional Material Recovery Facility (IRMRF) for Organic Material (Green Waste) Recycling Services. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the Director of Finance be authorized to amend the FY 2010/2011 budget and transfer $165,000 from Account No. 527-400-5706-0000-0001 (Alterations and Renovations) to Account No. 527-400-5179-0000-0095 (Dump and Waste Fees) and $40,000 from Account No. 527-400-5179-0000-0097 (Dump and Waste Fees) to Account No. 527-400- 5179-0000-0095 (Dump and Waste Fees); and that said resolution be adopted. The motion carried and Resolution No. 2011-228 was adopted unanimously. 23. RES. 2011-225 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of the FY 2011-12 OR Payment Program application for funds from the Department of Resources Recycling and Recovery (CalRecycle). Council Member/Commissioner Shorett made a motion, seconded by Council © Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2011-225 was adopted unanimously. 24. Ordinance of the Mayor and Common Council of the City of San Bernardino adding Chapter 8.83 to the San Bernardino Municipal Code regarding accountability for social hosts of minors. FIRST READING Public Comments: Amelia Lopez, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner McCammack, that said ordinance be laid over for final adoption. The motion carried unanimously. 25. Approval of Neighborhood Services Coordinator/Assistant of the City Manager (U) job description and reclassification Council Member/Commissioner McCammack stated that it may be difficult to fill this position with the current education requirements and recommended reducing the education requirements from a four-year degree to a two-year degree. Q Council Member/Commissioner Brinker stated that a job paying at this level is not commensurate with someone who has an Associate's Degree. He stated that 8 07/18/2011 O he could not support this level of compensation unless they were asking for a lot more experience and education. C Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Council: 1) Establish the position of Neighborhood Services Coordinator/Assistant of the City Manager (U), Range 4510, $5,649-$6,867/month; 2) Reclassify one Assistant to Mayor III (U) position, Range 4510, $5,649-$6,867/month, to Neighborhood Services Coordinator/Assistant of the City Manager (U), Range 4510, $5,649-$6,867/ month; 3) Approve the job description as proposed, reducing the educational requirement from a four-year degree to a two-year degree; and 4) Authorize the Director of Human Resources to update Resolution No. 2008-33 to reflect this action. The motion carried with Brinker and Shorett voting "no." 26. Approval of revised Community Relations Supervisor/Assistant of the City Manager (U) job description Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the revised job description of Community Relations Supervisor/Assistant of the City Manager (U) be approved as proposed. The motion carried with Brinker and Shorett voting "no." 27. Update of job descriptions for the Community Development Department, Code Enforcement Division Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the following job descriptions be approved as proposed: Code Enforcement Officer I; Code Enforcement Officer II; Code Enforcement Processing Assistant; Senior Code Enforcement Officer; Supervising Code Enforcement Officer; and Weed Abatement Coordinator. The motion carried unanimously. 28. RES. 2011-229 - Resolution of the City of San Bernardino ratifying the submittal of a grant application to Kaiser Fontana Community Benefit Grants Program for funding in the amount of $25,000 to provide the Parks, Recreation and Community Services Department Aquatics Program for the 2011 Summer season. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2011-229 was adopted unanimously. 9 07/18/2011 ® 29. RES. 2011-230 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a Memorandum of Understanding with the City of Riverside Office of Emergency Management for the purpose of accepting and administering the 2010 Urban Area Security Initiative (UASI) Grant and authorizing the execution of a Vendor Services Agreement between the City of San Bernardino and Leverage Information Systems, Inc., for the Downtown Protection Zone Camera System. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2011-230 was adopted unanimously. 30. RES. 2011-231 - Resolution of the City of San Bernardino authorizing the obligation and expenditure of the allocated FY 2011-12 Justice Assistance Grant (JAG) Funds and execution of a JAG Interlocal Agreement between the City of San Bernardino and County of San Bernardino. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2011-231 was adopted unanimously. C31. Public Hearing - Resolution adopting General Plan Amendment No. 08-05 (Continued from June 20, 2011) RES. 2011-232 - A Resolution of the Mayor and Common Council of the City of San Bernardino adopting General Plan Amendment No. 08-05 to change the Land Use Designation from Commercial General (CG -1) and Industrial Light (IL) to Industrial Heavy (IH) on approximately 7.69 acres and approving Conditional Use Permit No. 09-04 to expand an existing 28.7 -acre auto dismantling and vehicle storage business by 7.69 acres and establish auto repair service at 701 North Waterman Avenue. The hearing remained open. Margo Wheeler, Director of Community Development, stated that staff was recommending approval of the item. No public comments were received. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2011-232 was Qadopted unanimously. 10 07/18/2011 Q 32. Public Hearing - Establishing the schedule of fees for the Crime Free Rental Housing Program (Continued from July 5, 2011) RES. 2011-233 - Resolution of the Mayor and Common Council of the City of San Bernardino establishing the schedule of fees for the Crime Free Rental Housing Program. Mayor/Chairman Morris opened the hearing. Charles Carter, Senior Code Enforcement Officer, stated that the fees for the annual inspections had been broken down and the cost for the 8 -hour training class had been added. Council Member/Commissioner McCammack stated that the City does not have a crime free single-family rental inspection program. She stated that the City is starting to see the same kind of crime issues related to single-family units in just about every neighborhood. She suggested that this go back to the Legislative Review Committee to discuss the possibility of a fine for extraordinary law enforcement, code enforcement, fire prevention fees, or other costs related to those units. © Mr. Carter stated that his only concern regarding single-family was staffing. No public comments were received. Council Member/Commissioner Shorett 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. 2011-233 was adopted unanimously. 33. Public Hearing - Amendment to Development Agreement No. 91-01 between the City of San Bernardino and the developer of the Inland Center Mall A Resolution of the Mayor and Common Council of the City of San Bernardino approving First Amendment to Development Agreement No. 91- 01 between the City of San Bernardino and the developer of the Inland Center Mall, located at 500 South Inland Center Drive. Mayor/Chairman Morris opened the hearing. Staff requested a two-week continuance. o Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/ Commission meeting of August 15, 2011. The motion carried unanimously. 11 07/18/2011 O 34. Public Hearing - Ordinance amending Chapter 19.14 (Freeway Corridor Overlay District), Section 19.14.030 of the San Bernardino Municipal Code (Development Code) An Ordinance of the City of San Bernardino amending Chapter 19.14 (Freeway Corridor Overlay District), Section 19.14.030 of the San Bernardino Municipal Code (Development Code) related to Landscape and Building Setback Development Standards. FIRST READING Mayor/Chairman Morris opened the hearing. Margo Wheeler, Director of Community Development, stated that this code amendment would make changes to existing standards that require all properties adjacent to freeway right-of-way to have a 25 foot landscape setback and a minimum 50 foot building setback. She stated that this ordinance was one that was put in place some time ago and they have found that some of the requirements are no longer pertinent, especially as sound walls have gone up and the freeways now have a large setback area which is owned by Caltrans. Discussion ensued regarding unmaintained properties, freeway landscaping and the "Adopt -a -Freeway Program." Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; and that said ordinance be laid over for final adoption. The motion carried unanimously. 35. Public Hearing - Ordinance amending Sections 5.04.370, 5.04.495, 19.02.050, 19.06.030(2)(1) and Chapter 19.70 of the Municipal Code An Ordinance of the Mayor and Common Council of the City of San Bernardino amending Sections 5.04.370, 5.04.495, 19.02.050, 19.06.030(2)(NS) and Chapter 19.70 of the Municipal Code to permit food carts subject to specified location criteria and community gardens with produce stands by temporary use permits. FIRST READING Mayor/Chairman Morris opened the hearing. Margo Wheeler, Director of Community Development, stated that there are two different issues before the Council, one having to do with the food carts and the other having to do with community gardens. She stated that the food carts were currently permitted only at special events and the ordinance would add opportunities for approval under temporary use permits, so neither of these uses © were allowed outright, they would need a temporary use permit (TUP) that would have to be approved administratively by staff. 12 07/18/2011 O Ms. Wheeler stated that community gardens is one of the leading issues in planning study at this time having to do with both the use of abandoned and underutilized properties and also, in many cases, bringing fresh fruits into neighborhoods that don't otherwise have access. She stated that the temporary use permit requirements are that the property owner has to sign the application, the garden has to be maintained, and the only sales that are allowed are sales of produce that is grown on that property only. Ms. Wheeler stated that with regard to the food carts, they are not push carts, they are stationary locations on private property. She stated that they are common in larger urban areas and are particularly popular in areas with heavy pedestrian traffic. The required provisions are that these carts would only be permitted within the downtown area as designated in the Code, they must be a minimum of 300 feet from any restaurant, they must have all of their County health permits, and this would be limited to the sale of prepackaged foods and beverages. She stated that there may be concerns with competition, littering, health concerns, and over -proliferation; however, a TUP is required for each location and staff would take a very careful look if there are too many of these uses within one location. She stated that staff was recommending approval. Council Member/Commissioner Marquez asked what specific items could be sold Ofrom a food cart. Ms. Wheeler stated that packaged chips, sodas and churros can be sold, and the only cooking that can be done is the heating of a hot dog. MI Council Member/Commissioner Marquez stated that she wanted these carts to be successful, but if they are not in compliance, she asked if they could pull the plug. Ms. Wheeler answered in the affirmative. She stated that the TUP is only for a one-year period so if there are any problems they could be brought in for immediate revocation or the temporary use permit would not be extended when it expires. Council Member/Commissioner McCammack asked how the distance of 300 feet came up as opposed to say 500 feet or 1,000 feet from any restaurant. Ms. Wheeler stated that this is to ensure that the cart is not located directly in front or immediately to the side of a restaurant, and 300 feet was believed to be an appropriate distance. 13 07/18/2011 © Council Member/Commissioner McCammack asked what would happen if a permit is issued to someone and later you find out that there is no restroom accessible to the operator within 200 feet of the cart. Ms. Wheeler stated that if there is not a restroom within 200 feet of the cart, the temporary use permit would not be approved. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the hearing be closed; that said ordinance be laid over for final adoption; and that the distance requirement for food carts from any existing restaurant be increased from 300 feet to 1,000 feet. The motion died for lack of a second. Council Member/Commissioner Kelley stated that 500 feet could still preclude people from having their food cart there, and given the fact that they are only going to be selling a limited number of items, 300 feet might not affect their business as much as they would think. Ms. Wheeler stated that the issue is that these products don't remotely make a meal, they are just something you would grab on the run. © Council Member/Commissioner Brinker stated that some of the local restaurants might actually see this as an opportunity to generate additional revenue. He stated that he would be interested in finding out where the item originally came from. Council Member/Commissioner Johnson stated that notice of the public hearing on this item was published in the San Bernardino County Sun. He asked if any other publications had been considered. Ms. Wheeler stated that The Sun is their adjudicated paper for public hearing notices. Council Member/Commissioner Johnson stated that there are other local adjudicated papers. He asked if any others had been considered at a lower cost. Ms. Wheeler stated that no other papers had been considered. Council Member/Commissioner Johnson requested that staff consider using other local papers in the future. Ms. Wheeler stated that they anticipate that if this is going to be approved, © particularly the community gardens, they will be doing quite a bit of work with 14 07/18/2011 ® neighborhood associations to make sure that this opportunity is widespread to several neighborhoods. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the hearing be closed; that said ordinance be laid over for final adoption; and that the distance requirement for food carts from any existing restaurant be increased from 300 feet to 600 feet. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Ed Bonadiman, San Bernardino, CA, spoke in support of this item and added that his brother Charlie was the person who originally brought this idea forward. Council Member/Commissioner Brinker stated that he supported the idea, but he felt the distance of 600 feet was too far. Council Member/Commissioner McCammack suggested that the distance be changed to 500 feet. Council Member/Commissioner Brinker stated that he would support 500 feet, Q but he requested that this item be revisited because he felt that once they get started they may find out that staff was right and 300 feet was the right distance. He was concerned that they were creating something that was not workable. Council Member/Commissioner McCammack amended her motion, seconded by Council Member/Commissioner Shorett, that the hearing be closed; and said ordinance be laid over for final adoption, and that the distance requirement for food carts from any existing restaurant be increased from 300 feet to 500 feet. The motion carried unanimously. 36. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 2010/2011. (Continued from July 5, 2011) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of August 1, 2011. The motion carried unanimously. 15 07/18/2011 Q 37. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino Itire Department to enter into an agreement with the County of San Bernardino to provide fire protection and paramedic services to County unincorporated areas within the City of San Bernardino's sphere of influence from July 1, 2011 through June 30, 2016. (Continued from July 5, 2011) U Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of August 1, 2011. The motion carried unanimously. 38. Discuss and review Section 5.56 of the Municipal Code regarding junk and second-hand dealers Jolena Grider, Deputy City Attorney, advised the Council that they were limited by State law regarding this matter. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be referred to the Legislative Review Committee. The motion carried unanimously. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Brinker, Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney Easland; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. Absent: None. Vacant: Second Ward. R39. Joint Public Hearing - Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and In -N - Out Burgers, Inc., a California corporation - Southeast corner of 5' and "H" Streets (Central City North Redevelopment Project Area) (Continued from July 5, 2011) RES. 2011-234 - Resolution of the Mayor and Common Council of the City of San Bernardino consenting to a Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and In -N -Out Burgers, Inc., a California corporation - Southeast corner of 5' and H Streets (Central City North Redevelopment Project Area). (R39A) 16 07/18/2011 ® RES. CDC/2011-50 - 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 a Disposition and Development Agreement by and between the Agency and In -N -Out Burgers, Inc., a California corporation - southeast corner of 5t° and "H" Streets (Central City North Redevelopment Project Area). (R39B) The hearing remained open. Emil Marzullo, Interim Executive Director, Economic Development Agency, stated that the existing location of In -N -Out Burger at Second Street and the freeway off -ramp will be displaced by freeway construction by the end of this year. He stated that two motels were torn down, the Royal Motel and the Paradise Motel, which had crime and other activity, and they found some surface contamination from an underground oil storage tank from the 1920's that had been contaminating drinking water supplies. Mr. Marzullo stated that the action that is before the Council today is to go from an Exclusive Right to Negotiate (ERN) with In -N -Out to a Disposition and Development Agreement where they dispose of the property for a price and they have a requirement to rebuild to a certain standard a new restaurant. He stated that they will be building their latest Q prototype building on an acre and a quarter at the corner of Fifth and "H" Street and it is very convenient not only to downtown, but also to the highway traffic which is very important for In -N -Out. He stated that they are ready to start construction and get this project under way as they will be displaced by Caltrans at the end of the year. Council Member/Commissioner Marquez asked how many employees will be working there. Mr. Marzullo estimated that there will be 75 to 100 employees working at this restaurant because they will have a very large sit down component plus a non-stop drive-thru. Council Member/Commissioner Brinker asked if there was going to be a period of time when the current restaurant is closed before the new one is open or will they try to time it so that there is not a gap in service. Mr. Marzullo stated that the plan is to not have a gap in service so that this restaurant opens before the other one closes. 17 07/18/2011 Q Council Member/Commissioner McCammack stated that this is part of the land the City purchased when the Mayor first took office to the tune of approximately $26 million. She added that In -N -Out Burger is paying $1.6 million for the property they are sitting on. Mr. Marzullo stated that it is actually $844,000. Council Member/Commissioner McCammack stated that she gets concerned when taxpayer's money is spent and they can't figure out a way in a good business model to come back with a repayment of the taxpayer's reinvestment within a reasonable period of time whether it takes 10 years or 15 years. She stated that she understood that you have to invest in order to then recoup the net benefits, whether it be tax increment, sales tax, or employees, or you've removed a bunch of blight. However, between the property tax and the sales tax, and that's based on a projected $5 million per year in sales, this investment won't be paid back in her lifetime. She stated that she is completely supportive of the item, she's just very uncomfortable as to how they got here. She stated that this is a great use of that property, but she felt they need to be mindful of how the rest of the parcels get sold. Mr. Marzullo agreed with Mrs. McCammack. He stated that when you look at © the numbers it seems nonsensical to say it cost $7 million to take down old uses on a site that they will now sell for $800,000. Redevelopment rarely nets in the property sale a recovery in the investment to take down the old uses. He stated that with the motels and the other negative uses, there is a social cost for that. There is a cost for enforcement and so forth. It is unlikely, and they can find out what the carry on the tax roll was by the County assessor of those two businesses, but it is very unlikely that it was $7 million. When In -N -Out comes in they will put in a multi-million dollar investment so there will be the $800,000 land value plus a minimum of $2 million in the site, so it's about a $3 million investment. Over time that will carry through inflation and will likely surpass many times over the investment or lack of investment that was there before. That's what they have to do in redevelopment—they have to look at it as a long-term neighborhood intervention and change of land use, and hopefully that then spurs other private investment that follows. Mr. Marzullo added that they would never get In -N -Out to come in next to the Royal or the Paradise Motels, it just wouldn't happen. Mayor/Chairman Morris stated that he felt it was critical to point out that those two motels were filled with drug addicts and prostitutes and it was an incredibly high crime corner in the downtown area that spawned other problems, most of all, tragic public safety issues. He stated that the downtown area is one of the lowest crime areas in the City and businesses look at it with enthusiasm because © they have reduced the crime rate downtown substantially with the removal of not just those two motels but pawn shops and other third rate uses to create a new 18 07/18/2011 © environment as they complete the I-215 Freeway and the revitalization and renaissance of downtown. He stated that the social benefit of this, which is the reduction in crime, is a critical part of this whole idea of blight reduction. That is what redevelopment is all about—reducing blight—and by reducing blight you not only provide economic opportunity but you also reduce the footprint of crime in your City. City Attorney Penman stated that he agreed that sometimes you have to spend money to remove blighted properties that breed crime, but this is probably one of the worst financial deals the City has made in years. On this specific piece of property, we paid $7.5 million for this one site. According to EDA, the value when the development is completed is $1.6 million. So we paid $7.5 million and it will be worth $1.6 million, which is a loss to the taxpayers of $5.9 million for a fast food hamburger joint. The tax increment annually is only going to be $16,000 based on the $1.6 million that the value will be. He stated that we could have cleaned out that entire area for a fraction of that $23 million and we could have obtained this piece of property for well below the $7.5 million. Council Member/Commissioner Kelley stated that it sounds like In -N -Out is going to begin their process soon at this location and they may be one of the first establishments to be up and running in the area. He requested that the Economic © Development Agency look at some of the property in that area to see if they can make it more aesthetically appealing and help promote the In -N -Out establishment. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that the hearing be closed; and that said Resolutions A and B, be adopted. The motion carried and Mayor and Common Council Resolution No. 2011-234 and Community Development Commission Resolution No. CDC/2011-50 were adopted unanimously. R40. 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 a Professional Services Agreement by and between the Agency and Joseph E. Bonadiman and Associates, Inc. ("Consultant") for professional design and engineering services for Northpark Boulevard and University Parkway Street Improvements Project (State College Redevelopment Project Area) (Continued from July 5, 2011) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be tabled. The motion Qcarried unanimously. 19 07/18/2011 R41. 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 a Professional Services Agreement by and between the Agency and Allwest Development Company, Inc. ("Consultant") for construction management services for Northpark Boulevard and University Parkway Street Improvements Project (State College Redevelopment Project Area). (Continued from July 5, 2011) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be tabled. The motion carried unanimously. R42. Reinstatement and continuation of the powers of the Redevelopment Agency of the City of San Bernardino An Ordinance of the City of San Bernardino providing for the reinstatement and continuation of the powers of the Redevelopment Agency of the City of San Bernardino. FIRST READING Council Member/Commissioner McCammack stated that she would be abstaining Q on this item because of the references to the Uptown Redevelopment Project Area in the ordinance. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said ordinance be laid over for final adoption. The motion carried with McCammack abstaining. R43. Acknowledgement of the Economic Development Agency's final form of the Fiscal Year 2011-2012 budget RES. CDC/2011-51 - Resolution of the Community Development Commission of the City of San Bernardino, California, acknowledging the final form of the Economic Development Agency's budget for the Fiscal Year 2011-2012. Council Member/Commissioner McCammack stated that she would be abstaining on this item because of the references to the Uptown Redevelopment Project Area in the ordinance. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Brinker made a motion, seconded by Council © Member/Commissioner Marquez, that said resolution be adopted. Resolution No. CDC/2011-51 was adopted with McCammack abstaining. 20 07/18/2011 Q44. Public Comments Betty Long, San Bernardino, CA, spoke in opposition to the hiring of another Assistant City Manager and stated that the City is spending too much money and needs to cut down on expenses. Esther Jimenez, San Bernardino, CA, stated that she was going to hold a press conference in front of City Hall on Tuesday, July 19, 2011, at 12:15 p.m. at which time she will officially announce her candidacy for San Bernardino City Clerk. Candace Loya, San Bernardino, CA, representative from Congressman Joe Baca's Office, stated that the Congressman was extending an invitation to the public, both men and women, to attend the 2011 Womens' Conference that will be held Thursday, July 21, 2011, from 8:00 a.m. to 12:30 p.m., at Cal State University San Bernardino's College of Education. She stated that this is a free event and that free parking would be available on the first level of the parking structure. James Penman, City Attorney, San Bernardino, CA, spoke regarding the In -N - Out project; the Grand Jury Report relative to the San Bernardino International © Airport; the Special Council meeting on Thursday, July 21, 2011, which was called to discuss Operational Guidelines; and his opponent in the upcoming election. A 45. Adjournment At 6:25 p.m., the meeting adjourned to July 21, 2011 at 5:00 p.m. in the Economic Development Agency Boardroom for the purpose of an Operational Guidelines Workshop. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, August 1, 2011. RACHEL G. CLARK, CMC City Clerk BY% Linda Sutherland Deputy City Clerk 21 07/18/2011