HomeMy WebLinkAbout02-02-2004 MinutesMINUTES
MAYOR AND COMMON COUNCIL
AND
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
FEBRUARY 2, 2004
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community Development
Commission and the San Bernardino City Housing Authority of the City of San Bernardino
was called to order by Mayor/Chairman Valles at 1:35 p.m., Monday, February 2, 2004, 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
Valles; Council Members/Commissioners Estrada, Derry, Suarez, Anderson, McCammack;
City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council
Members/Commissioners Longville, McGinnis.
Council Member/Commissioner Longville Arrived
At 1:45 p.m., Council Member/Commissioner Longville arrived at the Council meeting.
Council Member/Commissioner McGinnis Arrived
At 2:19 p.m., Council Member/Commissioner McGinnis arrived at the Council meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to Government
Code Section 54956.9(a):
The Redlands Association v. City of San_Bernardino and its Municipal Water
Department, et al. - San Bernardino Superior Court Case No. SCVSS
096182;
Stubblefield Construction Company, et al. v. City of San Bernardino, et al. -
San Bernardino Superior Court Case No. SCV 252058;
1 02/02/2004
City of San Bernardino Municipal Water Department v. Department of the
Army - United States District Court Case Nos. CV 96-8867 and CV 96-
5205.
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:
Neighbors of San Manuel Tribe v. City
Temeka Goffney, Narvella Goffney, Debron Lilly, and LaQuisha Day
V. City
C. Conference with legal counsel - anticipated litigation - initiation of litigation
- pursuant to subdivision (c) of Government Code Section 54956.9:
City v. San Manuel Band of Serrano Mission Indians
D. Closed Session - personnel - pursuant to Government Code Section 54957:
Appointment
City Engineer
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:
1. Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
San Bernardino City Professional Fire Fighters' Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
San Bernardino City Housing Authority
MEADOWBROOK PROJECT
I. Property: APN 0135-292-39, Allen Street
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Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the San Bernardino City Housing Authority
and Bonnie S. Johnson and George W.
Ashworth, property owners
Under Negotiation: Purchase price, terms and conditions
2. Property: APN 0135-291-16 and 0135-291-17
188 N. Allen Street
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the San Bernardino City Housing Authority
and Trust Deeds to Gold Inc., property owner
Under Negotiation: Purchase price, terms and conditions
3. Property: APN 0135-291-18
174 N. Allen Street
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the San Bernardino City Housing Authority
and Luis F. Gonzalez, property owner
Under Negotiation: Purchase price, terms and conditions
4. Property: APN 0135-291-19
168 N. Allen Street
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the San Bernardino City Housing Authority
and Luis F Gonzalez and Trinidad Gonzalez,
property owners
Under Negotiation: Purchase price, terms and conditions
5. Property: APN 0135-291-21
192 E. King Street
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the San Bernardino City Housing Authority
and Karyn Goodwin, property owner
Under Negotiation: Purchase price, terms and conditions
3 02/02/2004
6. Property: APN 0135-291-22
186 E. King Street
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the San Bernardino City Housing Authority
and Lupe E Aragon, property owner
Under Negotiation: Purchase price, terms and conditions
7. Property: APN 0135-292-14
199 E. King Street
0
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the San Bernardino City Housing Authority
and Judge Goodman, property owner
Under Negotiation: Purchase price, terms and conditions
Property: APN 0135-292-15
140 N. Allen Street
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the San Bernardino City Housing Authority
and Arthur G. Romero and Barbara Romero,
property owners
Under Negotiation: Purchase price, terms and conditions
9Tx/DEL ROSA - CURTIS HIGH SCHOOL
9. Property: APN 278-061-54, 278-061-68, 278-061-74,
278-061-75, 278-201-30, 278-201-31,
278-201-32, 278-201-33, 278-201-34
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and San
Bernardino City Unified School District,
property o A ner
Under Negotiation: Purchase price, terms and conditions
4 02/02/2004
City Attorney Penman announced that the following additional items would be
discussed in closed session under Agenda Item I A, Existing Litigation:
David Sanborn v. City of San Bernardino - San Bernardino Superior Court Case
No. SCVSS 078410, consolidated with Case No. SCVSS 084862 and Case No.
SCVSS 091020.
Under Agenda Item 1G, Conference with real property negotiator:
Proper Located at the Northeast Corner of Orange Show Road and
Arrowhead Avenue
Negotiating Parties: The Redevelopment Agency of the City of San Bernardino,
property owner, and Essex Orangeshow Commerce
Center, LLC, buyers
Under Negotiation: 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, Community
Development Commission, and San Bernardino City Housing Authority.
Invocation/Pledge of Allegiance
The invocation was given by Dr. David Tinoco of St. Paul's United Methodist Church,
followed by the pledge of allegiance, led by Council Member/Commissioner Anderson.
2. Appointments
There were no commission appointments.
3. Proclamations & Presentations
A proclamation designating the Month of February 2004 as "American Heart
Month," and February 6, 2004, as "National Wear Red Day for Women" was
presented to Pamela Marquardt of the American Heart Association.
A resolution formally expressing the City's gratitude to Mayor Aoki and the citizens
of Tachikawa, Japan, for raising nearly $20,000 for the victims of the "Old Fire"
was presented to Julie Fredericks, co-chair of the Tachikawa Sister Cities
Committee.
A proclamation designating the month of February as "Rotary Awareness Month"
was presented to representatives of the City's five Rotary Clubs.
5 02/02/2004
An Ambassador of Goodwill Certificate was presented to Sgt. Tony Gorrell who was
selected as a member of the Rotary District 5330 Group Study Exchange Team that
will be going to Taiwan for a month -long visit. He will share ideas about our law
enforcement system and learn how Taiwan's policing system operates.
A Certificate of Appreciation was presented to Mr. James Morris of ADN
Construction for his contributions to the victims of the "Old Fire."
The "Old Towne Property of the Month" award was presented to Paul and Lola
Kastorff, who reside at 729 N. "G" Street, for the beautification and maintenance of
their property.
Scott Konopasek, Registrar of Voters, and Steve Trout, Assistant Registrar of
Voters, gave a brief demonstration of the new electronic voting system that will be
used in the March 2, 2004, Presidential Primary Election.
4. Announcements
Announcements were made by Mayor/Chairman Valles, members of the Common
Council, and elected officials regarding various civic and community events and
activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council, Community
Development Commission, and San Bernardino City Housing Authority, be waived.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
6. Council Minutes
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the minutes of the following meetings of
the Mayor and Common Council/Community Development Commission of the City
of San Bernardino be approved as submitted in typewritten form: December 15,
2003; and January 5, 2004.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez„ Anderson, McCammack. Nays:
None. Absent: None.
6 02/02/2004
7. Claims & Payroll
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated January 27,
2004, from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
8. Personnel Actions
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the personnel actions as submitted by the
Chief Examiner dated January 27, 2004 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, Longville, McGinnis, Derry, Suarez. Anderson, McCammack. Nays:
None. Absent: None.
9. RES. 2004-26 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing execution of an agreement with the City of San
Bernardino and the San Bernardino Black Culture Foundation for financial
assistance from the Civic and Promotion Fund for FY 2003/04.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted; that the
Mayor and Common Council approve direct funding in the amount of $4,500; that
indirect funding in the amount of $13,149 be transferred from the 2003/04 Civic and
Promotion Fund to various city departmental accounts as listed in the staff report
dated January 13, 2004, from Fred Wilson, City Administrator; and that a waiver of
fees and use of city personnel and equipment be authorized to assist in the 2004
Black History Parade scheduled for February 7, 2004.
The motion carried and Resolution No. 2004-26 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
7 02/02/2004
10. RES. 2004-27 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services Agreement
between Mundell, Odlum & Haws and the City of San Bernardino to represent
the City in the case of Kimberlyn Hearns v. City of San Bernardino, et al.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-27 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
11. RES. 2004-28 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services Agreement
between Arias, Lockwood & Gray and the City of San Bernardino to represent
the City in the case of Betty Fruichantie v. City of San Bernardino, a public
entity, and Does 1 through 100, inclusive.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-28 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
12. RES. 2004-29 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services Agreement
between Arias, Lockwood & Gray and the City of San Bernardino to represent
the City in the case of Kenneth Brown v. City of San Bernardino; County of
San Bernardino; Doe 1 Police Officer; Doe 2 Police Officer; and Does 1 to 50
inclusive.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-29 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
8 02/02/2004
13. RES. 2004-30 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services Agreement
between Arias, Lockwood & Gray and the City of San Bernardino to represent
the City in the case of Benjamin Brown v. City of San Bernardino; County of
San Bernardino; Doe 1 Police Officer; Doe 2 Police Officer; and Does 3 to 50
inclusive.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-30 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
14. RES. 2004-31 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services Agreement
between Arias, Lockwood & Gray and the City of San Bernardino to represent
the City and its Police Employees in the case of Russell Barkus v. City of San
Bernardino, San Bernardino Police Department, Michael D. Desrochers, Gary
Schuelke, Mark Aranda, Janice Bean, Anthony Edward White, County of San
Bernardino, San Bernardino County Sheriff's Department, City of Fontana,
City of Fontana Police Department, Aaron Scharf, M. Dorsey, James Escayze,
Officer Ohler, M. Hall.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-31 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
15. ORD. MC-1164 - Ordinance of the City of San Bernardino amending Section
10.52.030 of the San Bernardino Municipal Code to establish a forty mile per
hour speed limit on "E" Street between Hunts Lane and Century Avenue.
FINAL READING
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be adopted.
Ordinance No. MC-1164 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
9 02/02/2004
16. ORD. MC-1165 - Ordinance of the City of San Bernardino amending Section
15.04.080(B)(2) of the San Bernardino Municipal Code relating to fee waivers
for certain permits after a natural disaster. FINAL READING
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be adopted.
Ordinance No. MC-1165 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
17. Approve reimbursement agreement and award contracts relative to
underground (dry) utilities and street widening at Tippecanoe Avenue and
Harriman Place Extension
RES. 2004-32 - A Resolution of the Mayor and Common Council of the City of
San Bernardino approving the Underground Utility Installation Reimbursement
Agreement by and among the City of San Bernardino, SBT Partners LLC and
Hopkins -HUB Phase 2 LLC relative to the private project component of the
construction of underground (dry) utilities at Tippecanoe Avenue and Harriman
Place Extension. (17A)
RES. 2004-33 - Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to Irish Construction Corporation for
underground (dry) utilities at Tippecanoe Avenue and Harriman Place
Extension per Plan No. 10682A. (17B)
RES. 2004-34 - Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to Elite Bobcat Service, Inc. for
Tippecanoe Avenue Widening (Phase I11) and Harriman Place Widening (Phase
I11) per Plan No. 10373B. (17C)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolutions A-C, be adopted; that the
Mayor and Common Council authorize the Director of Finance to amend the FY
2003/04 budget to increase the project budget (Account No. 242-362-5504-7377) by
$250,000 and revenue for reimbursed street construction (Account No. 242-000-
4945) by the same amount to reflect the Reimbursement Agreement with developers;
and that the Director of Finance be authorized to amend the FY 2003/04 budget to
transfer $98,000 from Account No. 126-369-5504-7306 (Slurry Seal at Various
Locations) to Account No. 126-369-5504-7377 (Harriman Place Realignment -
Phase II A & B).
10 02/02/2004
The motion carried and Resolution Nos. 2004-32, 2004-33, and 2004-34 were
adopted by the following vote: Ayes: Council Members/Commissioners Estrada,
Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None.
Absent: None.
18. RES. 2004-35 - Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to Ross A. Guy & Son, General
Engineering Contractors, Inc. for sewer improvements on State Street (SW 04-
14), Roosevelt Avenue (SW 04-15), Lugo Avenue (SW 04-19), Sepulveda Avenue
(SW 04-03), Walnut Street (SW 04-27), and additive Muscott Street (SW 04-39),
per Plan No. 10815.
19
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2003/04 Sewer Capital
Improvement Program (CIP) budgets for the projects indicated in the staff report
from James Funk, Director of Development Services, dated January 12, 2004.
The motion carried and Resolution No. 2004-35 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
RES. 2004-43 - Resolution of the City of San Bernardino awarding a bid and
authorizing the issuance of a purchase order to Synchronex for the delivery of
twenty-five (25) traffic signal battery backup systems in an amount of
$109,770.31.
Council Member/Commissioner Suarez stated that he felt there were other
intersections he considered high priority locations such as Little Mountain and
Kendall, and Palm and Kendall, that should have been included on the list for a
Battery Backup System (BBS)
James Funk, Development Services Director, stated that he would check to see if
those intersections already had battery backup, and if not, he stated that they could
be substituted for two intersections that were already on the list.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted, as amended. (No
vote was taken.)
Council Member/Commissioner McCammack stated that each Council Member
probably has several intersections they feel should receive a battery backup system,
and it was her opinion that the specific locations should be decided upon as a group
11 02/02/2004
that included the experts and the various neighborhood associations. She added that
they were not being asked to approve any locations at this time.
Mayor/Chairman Valles asked staff to provide members of the Council with an
inventory of the lights that presently have a battery backup system. She asked Mr.
Suarez to remove his amendment, and requested that the Council act on the form
motion.
Council Member/Commissioner Suarez made a substitute motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2004-43 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
20. RES. 2004-36 - Resolution of the City of San Bernardino establishing and
setting fair market value and sales price of $22,500.00 and declaring the
intention of the City to sell a portion of City property located at the southwest
corner of 7`" Street and Harris Street in the City of San Bernardino and setting
a public hearing to consider said sale.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-36 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
21. RES. 2004-37 - Resolution of the City of San Bernardino confirming fair
market value and minimum sale price for certain City owned real property
generally located at the northwest corner of Little League Drive and the I-215
Freeway frontage road in said City and giving notice inviting competitive sealed
and oral bids for the sale of said property.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-37 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
12 02/02/2004
22. Authorization to proceed - proposed vacation of a portion of the alley between
Acacia Avenue and G°E" Street, south of 13`h Street; the alley between "F"
Street and Acacia Avenue, south of 13' Street; 7th Street, between "F" Street
and "G" Street; and a portion of Berkeley Street, between 71h Street and 81h
Street - approve Plan Nos. 10910A and 10910B
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the Director of Development Services
and the City Clerk be authorized to proceed with the vacation of a portion of the
alley between Acacia Avenue and "E" Street, south of 13' Street; the alley between
"F" Street and Acacia Avenue, south of 13' Street; 7' Street, between "F" Street
and "G" Street; and a portion of Berkeley Street, between 7' Street and 8' Street;
and that Plan Nos. 10910A and 10910B, be approved.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
23. RES. 2004-38 - Resolution of the Mayor and Common Council of San
Bernardino authorizing the execution of a contract with and issuance of a
purchase order to San Andell Pools for the replastering and associated scope of
work at the Mill Center Swimming Pool in the City of San Bernardino.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-38 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
24. Resolution of the Mayor and Common Council of San Bernardino authorizing
the execution of a contract with and issuance of a purchase order to
Gray/I.C.E. Builders Inc. for the design/build of ADA restrooms at 5 fire
stations in the City of San Bernardino.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez. Anderson, McCammack. Nays:
None. Absent: None.
13 02/02/2004
25. Authorization to submit the City's updated Emergency Operations Plan to the
State of California Office of Emergency Services and the San Bernardino
County Office of Emergency Services
RES. 2004-39 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Executive Director, Director and Assistant
Director of Emergency Services plus the Disaster Management Coordinator to
execute applications and documents for the purpose of obtaining financial
assistance under the Federal Civil Defense Act of 1950, as amended, and
repealing Resolution No. 97-247. (25A)
RES. 2004-40 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the City's updated Emergency Operations Plan
(EOP) and authorizing submittal of the EOP to the State of California Office of
Emergency Services and the San Bernardino County Office of Emergency
Services. (25B)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolutions A and B, be adopted.
Resolution Nos. 2004-39 and 2004-40 were adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent None.
26. RES. 2004-41 - Resolution of the City of San Bernardino amending Resolution
No. 6413, Section Ten, entitled in part "A Resolution ... establishing a basic
compensation plan..."; by updating information codifying prior Council Actions
(General Unit).
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-41 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
27. RES. 2004-42 - 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 Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
14 02/02/2004
Resolution No. 2004-42 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
28. Receive and file - FY 2002-2003 Audit Report of the Water Department's Water
and Sewer Utilities
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council receive
and file the FY 2002-2003 Audit Report of the Water Department's Water and
Sewer Utilities.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
29. RES. 2004-44 - Resolution of the City of San Bernardino authorizing the Mayor
of the City of San Bernardino or her designee to apply for and administer a
grant in the amount of $197,446 from San Bernardino County Department of
Aging and Adult Services for the administration of the Senior Nutrition
Program.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2004-44 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
30. Public hearing to establish certain fees for services furnished by the City of San
Bernardino (Continued from January 20, 2004)
A Resolution of the City of San Bernardino establishing certain fees for services
furnished by the City of San Bernardino, and repealing Resolution No. 2003-
211, Resolution No. 90-397, Resolution No. 91-470, and Resolution No. 90-471,
and amending Resolution No. 89-471, Resolution No. 90-154, Resolution No. 91-
148, and Resolution No. 97-271.
The hearing remained open.
Fred Wilson, City Administrator, stated that there were still some issues that needed
to be resolved, and requested that the matter be continued.
No public comments were received.
15 02/02/2004
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of February 17, 2004.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
31. An Ordinance of the City of San Bernardino amending Section 5.04.015 of the
San Bernardino Municipal Code by adding Subsection "E" relating to Business
Registration certificate application processing fees. FIRST READING
(Continued from January 20, 2004)
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of February 17, 2004.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez. Anderson, McCammack. Nays:
None. Absent: None.
32. Authorization to proceed - proposed vacation of a portion of Gannett Parkway,
formerly known as Campeau Drive, between Hallmark Parkway and Georgia
Boulevard - approve Plan No. 10901 (Continued from January 20, 2004)
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez. Anderson, McCammack. Nays:
None. Absent: None.
33. An ordinance of the City of San Bernardino amending Municipal Chapter 8.81
to include Section 8.81.045 establishing a requirement that alarm businesses
notify the Police Department of each alarm installation and that allows the City
of San Bernardino to invoice alarm businesses for installation and monitoring
service transfer fees. FIRST READING (Continued from January 20, 2004)
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of February 17, 2004.
16 02/02/2004
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
34. Review and take action regarding the need for continuing in effect the local
emergency caused by the Old Waterman Canyon Fire pursuant to Government
Code Section 8630 (c)(1)
Note: No backup material was distributed.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the Mayor and Common Council confirm the
need for continuing in effect the local emergency caused by the Old Waterman
Canyon Fire.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
35. Presentation by Police Chief Garrett Zimmon on the San Bernardino Police
Department Beat Plan
Police Chief Zimmon provided an overview of the City's District and Beat Plan. He
stated that the plan was activated on January 19 and has worked extremely well.
Chief Zimmon stated that it was his goal to evaluate the plan in one year to
determine whether it is functioning as it was designed and to make slight corrections
as needed. No action was taken.
36. RES. 2004-45 - Resolution of the Mayor and Common Council of the City of
San Bernardino supporting the concept of the Electric Avenue Greenbelt and
Historic Site Project and reserving approximately 4.68 acres of land on the east
side of Electric Avenue between 40`h Street to just north of Northpark Boulevard
as public park property.
Council Member/Commissioner Estrada abstained on this item due to the fact that
she was not present for the majority of the discussion.
Christian Tobar, Wildwood Park Neighborhood Cluster Association, stated that he
looked forward to working with the City on this project.
Vern Barnum, past President of the Arrowhead Farms Neighborhood Association,
stated that he felt this was a good project for the City.
t7 02/02/2004
Mary Cox, Vice -President of Wildwood Park Neighborhood Association, stated that
she wanted to thank Councilman Neil Derry for working with them and the City
Attorney for preparing the resolution so they could get on with their work.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2004-45
Members/Commissioners
McCammack. Nays:
Estrada. Absent: None.
37. Item deleted.
was adopted by the following vote: Ayes: Council
Longville, McGinnis, Derry, Suarez, Anderson,
None. Abstentions: Council Member/Commissioner
COMMUNITY DEVELOPMENT COMMISSION
Staff Present
Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman
Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark,
Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel.
Absent: None.
R38. Joint Public Hearing - Disposition and Development Agreement by and between
the Agency and Essex Orangeshow Commerce Center, LLC - property located
at the northeast corner of Orange Show Road and Arrowhead Avenue
RES. 2004-46 - A Resolution of the Mayor and Common Council of the City of
San Bernardino acknowledging a certain report, making findings and
determinations and granting other approvals relating to that certain Disposition
and Development Agreement by and between the Redevelopment Agency of the
City of San Bernardino and the Essex Orangeshow Commerce Center, LLC.
(R38A)
RES. CDC/20044 - A Resolution of the Community Development Commission
of the City of San Bernardino, as the governing body of the Redevelopment
Agency of the City of San Bernardino, approving that certain Disposition and
Development Agreement by and between the Redevelopment Agency of the City
of San Bernardino and the Essex Orangeshow Commerce Center, LLC.
(R38B)
Mayor/Chairman Valles opened the hearing.
18 02/02/2004
Gary Van Osdel, Economic Development Agency Executive Director, provided an
overview of the project.
Council Member/Commissioner McCammack questioned whether the principal had
to put up any cash for the construction loan.
Mr. Van Osdel stated that it was his understanding that the executive partner had to
come up with $200,000.
Council Member/Commissioner McCammack stated that it looked like they would
have to come up with a lot more than $200,000 in cash in order to get the
$13,150,000 necessary for the construction loan. She stated that according to the
staff report, if they had to borrow $13,150,000_ the City would not be able to get a
90 percent trust deed.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the
following individuals that they would provide true and honest testimony:
Beryl Magneson, Essex Group, 3146 Redhill Avenue, Costa Mesa, CA, stated that
the total cost of the project is made up of the construction loan and the equity
provided by the valuation on the land the City owns. He stated that the total cost of
the project is $15,576,799, the cost of the loan is $13,150,000, the total equity
required is $2,426,799, the Agency land investment is valued at $2,227,000, and he
and his partner planned to add $200,000.
Special Counsel Sabo stated that when they execute the agreement and consummate
the purchase there will be a deed of trust for the loan on the property. He stated that
if the developer wants the Agency to subordinate and when the construction loan is
added to the purchase price, the loan to value ratio cannot be greater than 90 percent
of the fair market value. Mr. Sabo stated that it there is a gap, the developer would
have to come up with the cash or would have to iomehow cover that gap himself.
Council Member/Commissioner McCammack stated that she did not understand how
interest could be added at 8 percent.
Mr. Sabo stated that the construction interest would be funded in the loan. He stated
that the Agency's interest would be in addition to that and would be an obligation
that would be guaranteed by the guarantors and would be paid when the project is
sold.
Council Member/Commissioner McCammack questioned whether the City would get
46 percent of what was left.
19 02/02/2004
Mr. Van Osdel stated that the interest payment would accrue as the project moved
along, and assuming everything went well and all 14 buildings were sold within a
reasonable period of time, the Agency's land would be paid back with the 8 percent
interest that had accrued, and they estimated that it would be about $360,000 by that
time. He stated that the Agency would have land, interest, preferred return, and
participation in 46 percent of the net profits.
Mr. Magneson stated that the total cost of the project would not include the return to
the Agency at this time. He stated that the total cost of the project is the land at the
contributed value of $2,227,000 including construction interest. Mr. Magneson
stated that the sale of the project was estimated at approximately $17 million, leaving
a total profit of $2,254,000 after payment of all their costs. He stated that with its
investment of $2,227,000, the City would get a preferred return on its money, which
had been accruing during the course of this project and was shown at $358,000, or
an 8 percent return on the value of the land. Mr. Magneson stated that the $200,000
he and his partner were putting in would earn that same return. He stated that of the
$1.8 million net profit, the Agency would receive $855,000, or 46 percent; Mr.
Magneson and his partner would get $76,000, or 4 percent; and Essex would receive
$931,000, or 50 percent. Mr. Magneson stated that the City would get its land
money back, or $2.2 million, it would receive an 8 percent annual return during that
period of time, and then it would participate with the developer in 46 percent of the
remaining profit, or $855,000, which would almost bring them back to the $7 per
square foot on a net basis on the land.
Council Member/Commissioner McCammack stated that several members of the
Council have been skeptical about lending out taxpayers' money. She asked if Mr.
Van Osdel could in clear conscience tell her that this would be a good deal for the
City the way it had been laid out.
Mr. Van Osdel stated that he could in clear conscience say that this was a good deal
and felt it was one of the best deals they have put together in terms of disposition of
property. He stated that he prides himself on what his staff puts together with the
attorneys and he would only bring to this body something that he was proud of.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that said resolutions
A and B, be adopted. (No vote was taken and a substitute motion was subsequently
made.)
City Attorney Penman stated that he didn't quite understand who the third party
guarantor was.
Mr. Van Osdel stated that in talking to the principal attorney responsible for the
document, she had indicated that the guarantor had not yet been identified and only
20 02/02/2004
at that particular point in time when they request subordination and it was time for
that document to be executed would they bring forth the name of who that guarantor
might be and he indicated that it could be more then one party.
Mr. Penman stated that he signed off as to the legality of the document, but he
wasn't going to make any representations as to whether or not this was a good deal,
and he was bothered by the contradictions he was getting from the staff attorney and
the Director. He stated that the property was purchased in the early 90s for $4.9
million and today it was being sold for $2.2 million plus 8 percent interest per
annum, and hopefully a percentage of the profits. Mr. Penman stated that there
were some questions the Mayor and Council should know the answers to before
voting on this and that they were getting conflicting information. He indicated that it
made sense that the company, Essex Orangeshow Commerce Center, LLC, would
be the principal in this agreement and that Mr. Magneson would be the third party,
but Mr. Van Osdel said that that had not yet been determined.
Mr. Van Osdel stated that the payment guaranty wouldn't even come into effect until
after the request to subordinate the construction loan, and then at that particular
point in time it would be of interest to the Agency and the Council as to who that
guarantor would be. He stated that it might be Mr. Magneson, he didn't know, but
it would be someone who was acceptable to this body; however, Mr. Van Osdel
added that they were not taking action on that right now.
Mr. Sabo stated that he just assumed that the principals of the company would be the
guarantors. He stated that typically the developer sets up a company and then the
principals who have the biggest stake in it stand behind it and guarantee it. He
stated that it could be Mr. Magneson by himself, it could be several others together
with him, or it could be several others not related to him who want to guarantee it.
Mr. Sabo stated that the guarantor must prove that he has a combined net worth of
not less than $5 million and must possess a good business reputation.
Council Member/Commissioner McCammack asked who was guaranteeing the price
of the land plus the interest.
Mr. Sabo stated that they didn't know who that was yet, but they could certainly add
a provision that the guarantors must be approved by the Agency.
Council Member/Commissioner McCammack stated that she wanted to know that
EDA guaranteed payment of the land and the interest prior to subordination.
Mr. Sabo stated that there was going to be a due diligence period that he estimated
would be short because of all the time that has already been spent on this. He stated
that by the time there was a transfer of title, the performance guaranty would be in
place. Mr. Sabo stated that if at a later date they also want the subordination, that's
21 02/02/2004
when the payment guaranty would come into play and it did not have to be the same
individuals. He stated that both of those guaranties could come back to the Agency
for approval or it could be delegated to someone to approve it on the Council's
behalf.
Council Member/Commissioner McCammack stated that the Disposition and
Development Agreement (DDA) didn't talk about a guaranty after the request for
subordination. She stated that the performance guaranty looked like it was secured
by a promissory note, but she didn't see a promissory note secured by anything.
Mr. Sabo stated that this was also going to be a guaranty, and when they come
forward with the guarantors, that's when they would have to decide how this was
going to be additionally secured.
Council Member/Commissioner McCammack stated that she was very
uncomfortable lending taxpayer's money to a developer without a secured deed of
trust prior to their request for subordination. She stated that it had not been done
this way since she has been on this Council.
City Attorney Perlman requested that this matter be continued for two weeks and that
the documents be reviewed by City Treasurer Dave Kennedy.
Council Memberl Commissioner McCammack made a motion that the matter be
continued for two weeks and that the documents be reviewed by City Treasurer
Dave Kennedy. (The motion failed for lack of a second.)
Mr. Magneson stated he wanted the Council to feel comfortable with the deal, but he
stated that they have made every effort to be forthright. He noted that they were the
ones who would be on the hook for the loan and the City's land, plus the 8 percent.
Council Member/Commissioner McCammack stated that she was just trying to find
out where in the document it said that.
Mayor/Chairman Valles stated that she understood the concerns that had been
brought up by Mr. Penman and Ms. McCammack; however, she felt they owed Mr.
Van Osdel and the developers a vote of confidence, and asked that the Council move
forward with this project.
Council Member/Commissioner Estrada made a substitute motion, seconded by
Council Member/Commissioner McCammack, that the hearing be closed; and that
said resolutions A and B, be adopted, contingent upon City Treasurer David
Kennedy's review and consent.
22 02/02/2004
The motion carried and Council Resolution No. 2004-46 and Community
Development Commission Resolution No. CDC/2004-4 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Longville,
McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None.
R39. Joint Public Hearing - disposition of Agency real property located at 145 North
Sierra Way (Meadowbrook Park Infill Housing Project - IVDA Redevelopment
Project Area)
RES. 2004-47 - A Resolution of the Mayor and Common Council of the City of
San Bernardino approving the disposition of certain real property located at 145
North Sierra Way, City of San Bernardino, by the Redevelopment Agency of
the City of San Bernardino ("Agency") pursuant to the terms of that certain
Meadowbrook Single Family Residential Grant Development Agreement, dated
February 3, 2003 by and between the Agency and ANR Industries, Inc.
(Meadowbrook Housing Project). (R39A)
RES. CDC/2004-5 - A Resolution of the Community Development Commission
of the City of San Bernardino approving the disposition of certain real property
located at 145 North Sierra Way, City of San Bernardino, by the
Redevelopment Agency of the City of San Bernardino ("Agency") pursuant to
the terms of that certain Meadowbrook Single Family Residential Grant
Development Agreement, dated February 3, 2003 by and between the Agency
and ANR Industries, Inc. (Meadowbrook Housing Project). (R39B)
Mayor/Chairman Valles opened the hearing.
Maggie Pacheco, Economic Development Agency Director of Housing and
Community Development, provided highlights of the staff report.
No public comments were received.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McGinnis, that the hearing be closed; and that said
resolutions A and B, be adopted.
The motion carried and Council Resolution No. 2004-47 and Community
Development Commission Resolution No. CDC/2004-5 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Longville,
McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None.
23 02/02/2004
R40. RES. CDC/2004-6 - A Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Executive Director
of the Redevelopment Agency of the City of San Bernardino ("Agency") to
execute the HOME Grant Agreement by and between the Agency and St.
Bernardine Plaza Corporation, a Nonprofit Corporation - proposed Senior
Housing Rehabilitation.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. CDC/2004-6 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
41. Public Comments
Michael Holt, 5954 N. Walnut Avenue, San Bernardino, CA, spoke regarding the
rumor that was circulating about the sale of the City's Refuse Division.
Connie Holt, 5954 N. Walnut Avenue, San Bernardino, CA, voiced her concerns
regarding the possibility of the City of San Bernardino's Refuse Division being sold
to a private company and questioned whether such a sale would be in the best
interests of the City.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding weapons
of mass destruction and the possibility of an accident in the Cajon Pass.
Joan Gillette, 3655 N. "E" Street, San Bernardino, CA, stated that she wanted to
find out what steps had been taken relative to her request to erect a guardrail.
Martin Valdez, 5650 Carleton Street, San Bernardino, CA, stated that he was a
candidate for Fifth District Supervisor. He spoke about the lack of quality jobs, the
need to raise the level of education in the community, and proposed budget cuts in
the health care system.
24 02/02/2004
42. Adjournment
At 8:04 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., Tuesday, February 17, 2004, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
No. of Items: 42
No. of Hours: 4
RACHEL G. CLARK
City Clerk
By .✓o.i� (_a_�_._� i
Linda Sutherland
Deputy City Clerk
25 02/02/2004