HomeMy WebLinkAbout08-19-2002 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
100NT REGULAR MEETING
AUGUST 19,2002
COUNCIL CHAMBERS
This is the time and place set for a joint regular meeting of the Mayor and Common
Council and Community Development Commission of the City of San Bernardino.
Pursuant to Resolution No. 2002-228, the City Clerk or her designee shall appear in the
Council Chambers at 8:00 a.m. on the first and third Mondays in the months of August,
October, November and December, 2002, and shall continue each Mayor and Common
Council meeting to 1 :30 p.m. that same day. In September 2002, the meeting on the first
Tuesday shall be continued to I :30 p.m. on the second Monday, and the meeting on the
third Monday shall be continued to I :30 p.m. on the fourth Monday.
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 Valles at I :35 p.m., Monday, August 19, 2002, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, Califomia.
RollCall
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Valles; Council Members/Commissioners Lien, McGinnis, Derry,
Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Council Member/Commissioner Estrada.
I. Closed Session
Pursuant to Government Code Sections:
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
laime Alvarez, et al. v. City of San Bernardino - United States District
Court Case No. CV 00-03048;
Stubblefield Construction Company, et al. v. City of San Bernardino, et
al. - San Bernardino Superior Court Case No. SCV 252058;
In Re Bankruptcy of CYSA - South San Bernardino Soccer Foundation -
Case No. RS 02-18493MG;
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City of San Bernardino v. CYSA - South San Bernardino Soccer
Foundation, et al. - San Bernardino Superior Court Case No. CSB
213237;
Candice Dick v. City of San Bernardino, a governmental entity; Ronald
Van Rossum, an individual- Case No. EDCV 02-158 VAP (SGLx);
lessie Charles Stone v. City of Perris, County of Riverside, City of San
Bernardino, County of San Bernardino and Does I through 50, inclusive
- Case No. SCVSS 086594;
Roy Gonzales, et al. v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 54993.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of
Government Code Section 54956.9 - Cypress Inn Mobilehome Park;
Van Rossum claims: Ruby McClain, Christie Johnson, Shauna Paschall,
Candy Pacheco, and Robin Miller.
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.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
I.
Property Address:
Parcel No. 0261-19106
Negotiating Parties:
Gary Van Osdel on behalf of the
Redevelopment Agency; and Brad
Umansky on behalf of Sperry Van
Ness
Under Negotiation:
Purchase terms & conditions
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City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Redevelopment Agency of the City of San Bernardino v. laime Alvarez, et al. -
San Bernardino Superior Court Case No. SCVSS 086091;
lack Salisbury v. City of San Bernardino - San Bernardino Superior Court Case
No. SCVSS 85928.
City Attorney Penman announced that the following case had been discussed in
closed session:
Manta Management Corporation v. City of San Bernardino - San Bernardino
Superior Court Case No. SCV 18157.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
2. Reappointment - Ruth DeSadier - Civil Service Board - Mayor Valles
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the reappointment of Ruth DeSadier to
the Civil Service Board, as requested by Mayor Valles, be approved.
The motion carried by the following vote: Ayes: Council
Members/Commissioners McGinnis, Derry, Suarez, Anderson, McCammack.
Nays: None. Absent: Council Members/Commissioners Estrada, Lien.
3. Presentations
Mayor Valles presented a commendation to Neal Baker, founder of Baker's
Burger Company, in recognition of the company's 50th anniversary.
A proclamation designating August 29, 2002, as Sarcoidosis Day in the City of
San Bernardino was presented to Patricia Riley, Founder of Eyes of the Heart, a
support group for those suffering from Sarcoidosis, a multi-systemic disease for
which there is no cure.
Ron Leatz, President of Crown Firecoach Enthusiasts, thanked vanous City
departments and individuals for their help and efforts in hosting the
organization's National Conference this past February and presented them with
plaques and a video of the Firecoach parade.
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Mayor Valles presented the Second Quarter 2002 Customer Service A ward to
Barry Reynolds, a Building Inspector II in the Development Services
Department, who was recognized for his work ethic, sense of humor, and
willingness to go "the extra mile" for his customers.
Wallace Green, Assistant to the Mayor, read the names of the following
individuals, who were presented a service pin award by Mayor Valles in
recognition of their many years of dedicated service to the City:
Name
Fred Wilson
lames Fratus
10hnnie Macias
Consuelo Ramirez
Victor Ramos
Thomas Stieg
Department
City Administrator
Fire
Police
Police
Police
Police
Years of Service
15
15
10
25
5
10
4. Announcements
Announcements were made by the Mayor, Common Council, elected officials,
and a representative from the Chamber of Commerce regarding various civic,
community, and Chamber events and activities.
5. Waive full reading of resolutions & ordinances
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common
Council/Community Development Commission be waived.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
6. Council Minutes
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, 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: June 17,
2002; June 25, 2002; July 15, 2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
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7. Claims & Payroll
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the claims and payroll and the authorization
to issue warrants as listed on the memorandum dated August I, 2002 from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
8. Personnel Actions
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the personnel actions as submitted by the
Chief Examiner dated August 13, 2002, 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 Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
9. ORD. MC-1129 - Ordinance of the City of San Bernardino amending
certain sections of Chapter 5.14 of the San Bernardino Municipal Code
relating to entertainment-dances and adult entertainment. FINAL
READING
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Anderson, that said ordinance be adopted.
Ordinance No. MC-1l29 was adopted by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
10. RES. 2002-271 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a professional services
agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San
Bernardino to represent the City in the case of Daniel Cravens v. City of
San Bernardino, et al.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that that said resolution be adopted.
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Resolution No. 2002-271 was adopted by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
11. RES. 2002-272 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San
Bernardino to advise and assist the Civil Service Board in all proceedings in
regard to, or arising out of, a specified disciplinary action.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that that said resolution be adopted.
Resolution No. 2002-272 was adopted by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis. Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
12. Budget transfer - cover cost of City's Special Election - November 5, 2002 -
three ballot measures
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council authorize
the Director of Finance to amend the FY 2002/03 budget and transfer $40,000
from the General Fund reserve to Account No. 001-032-5502 (City Clerk
Elections - Professional/Contractual Services).
The motion carried by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
13. Designate Voting Delegates - League of California Cities Annual Conference
- October 2-5, 2002 - Long Beach, California
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that Council Member Anderson be designated
as the City's voting representative for the League of California Cities Annual
Conference to be held October 2-5, 2002 in Long Beach, California; and that
Council Member McCammack be designated as the alternate voting
representative.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis. Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
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14. Contract Change Order No. One - Holland-Lowe Construction, Inc. -
pavement rehabilitation - Highland Avenue from Sierra Way to Waterman
Avenue - Waterman Avenue from Base Line Street to 9th Street - Foxcroft
Way from Heritage Lane to Commercial Road - 9th Street from Arrowhead
Avenue to Waterman Avenue - Plan Nos. 10294 & 10264A - authorize
Purchasing Manager to increase the project contingencies by $19,709.47 -
from $40,000 to $59,709.47
Council Member/Commissioner McGinnis stated he would abstain since one of
the streets was located near his residence.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council authorize
the execution of Change Order No. One in the amount of $59,709.47 (including
increases in contract quantities) to the contract with Holland-Lowe Construction,
Inc. for pavement rehabilitation on Highland Avenue from Sierra Way to
Waterman Avenue, Waterman Avenue from Base Line Street to 9th Street,
Foxcroft Way from Heritage Lane to Commercial Road, and 9th Street from
Arrowhead Avenue to Waterman Avenue, per Plan Nos. 10294 and 10264A;
that the Purchasing Manager be authorized to increase the contingency amount
in Purchase Order No. 995541 to Holland-Lowe Construction, Inc. by
$19,709.47, from $40,000 to $59,709.47; and that the Director of Finance be
authorized to amend the FY 2001102 and FY 2002/03 Capital Project budget by
transferring $47,000 from Account No. 129-367-5504-7200 (9th Street-Pavement
Rehabilitation) to 129-367-5504-7222 (Waterman Avenue Pavement
Rehabilitation) to correct for increased costs.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Lien, Derry, Suarez. Anderson, McCammack. Nays:
None. Abstentions: Council Member/Commissioner McGinnis. Absent:
Council Member/Commissioner Estrada.
(Note: The foregoing item was approved as part of the consent calendar;
however, Council Member/Commissioner McCammack advised that it was her
understanding that the item had been pulled from the consent calendar and she
needed more information on this matter.)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that Agenda Item No. 14 be
reconsidered, as she needed more information.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis. Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
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Council Member/Commissioner McCarnmack stated that her concerns centered
around the best use of the City's pavement rehabilitation dollars, and that there
needs to be a better process for determining which pavement rehabilitation
system the City should use for each project. She stated that she would like to
see staff address these issues a little more completely before they come to
Council for approval.
Following a brief discussion, the Council reaffirmed their previous decision by
approving the following motion:
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Anderson, that the Mayor and Common
Council authorize the execution of Change Order No. One in the amount of
$59,709.47 (including increases in contract quantities) to the contract with
Holland-Lowe Construction, Inc. for pavement rehabilitation on Highland
Avenue from Sierra Way to Waterman Avenue, Waterman Avenue from Base
Line Street to 9th Street, Foxcroft Way from Heritage Lane to Commercial
Road, and 9th Street from Arrowhead Avenue to Waterman Avenue, per Plan
Nos. 10294 and 10264A; that the Purchasing Manager be authorized to increase
the contingency amount in Purchase Order No. 995541 to Holland-Lowe
Construction, Inc. by $19,709.47, from $40.000 to $59,709.47; and that the
Director of Finance be authorized to amend the FY 2001102 and FY 2002/03
Capital Project budget by transferring $47,000 from Account No. 129-367-
5504-7200 (9th Street-Pavement Rehabilitation) to 129-367-5504-7222
(Waterman Avenue Pavement Rehabilitation) to correct for increased costs.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Lien, Derry, Suarez, Anderson, McCammack. Nays:
None. Abstentions: Council Member/Colllmissioner McGinnis. Absent:
Council Member/Commissioner Estrada.
15. Authorization to proceed - proposed vacation - portion of Pico Avenue,
south of Rialto Avenue; Belleview Street, east and west of Pico A venue; and
that certain east/west alley, south of Rialto Avenue and east of Pico Avenue
- approve Plan No. 10501
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Director of Development Services and
the City Clerk be authorized to proceed with the vacation of a portion of Pico
A venue, south of Rialto A venue; Belleview Street, east and west of Pico
A venue; and that certain east/west alley, south of Rialto A venue and east of
Pico Avenue; and to approve Plan No. 10501.
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The motion carried by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
16. RES. 2002-276 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Matich Corporation for
construction of street improvements of Del Rosa Drive and 3'. Street at the
San Bernardino International Airport per Plan No. 10494.
City Attorney Penman stated that he and his office had declared a conflict on
this matter, since Matich has contributed to his campaign fund. He stated that
Special Counsel Sabo was available to answer any questions.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted; and that the
Director of Finance be authorized to establish a budget for the project in
Account No. 242-362-5504-7339 (Del Rosa Drive and 3'. Street Widening) in
the amount of $604,500 and correct revenues to reflect cost of the project.
The motion carried and Resolution No. 2002-276 was adopted by the following
vote: Ayes: Council Members/Commissioners Lien, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: Council Memberl
Commissioner Estrada.
17. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Matich Corporation, for Laurelwood
Drive realignment between Tippecanoe Avenue and Orchard Drive (phase
I), per Plan No. 10373.
City Attorney Penman stated that he and his office had declared a conflict on
this matter, since Matich has contributed to his campaign fund. He stated that
Special Counsel Sabo was available to answer any questions.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Anderson, that the matter be continued to the
Council/Commission meeting of September 9, 2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis. Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
18. RES. 2002-273 - Resolution of the City of San Bernardino authorizing the
Purchasing Manager to issue a purchase order in the amount of $31,037.16
to Jensen Environmental Engineering Services Inc. of Indianapolis, IN for a
Horizontal Water Bullet Recovery System (HWBR).
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Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-273 was adopted by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis. Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/ Commissioner
Estrada.
19. RES. 2002-274 - Resolution of the City of San Bernardino authorizing the
Mayor of San Bernardino to execute a Services Agreement with the San
Bernardino City Unified School District for the operation of the school
crossing guards program by the Police Department.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-274 was adopted by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis. Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/ Commissioner
Estrada.
20. RES. 2002-277 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a negotiated purchase order
to Protech Armored Vehicle Systems for the purchase of ballistic front door
panels for 36 Police units to be utilized by the Police Department.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2002-277 was adopted by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis. Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Memberl Commissioner
Estrada.
21. RES. 2002-278 - Resolution of the Mayor and Common Council of the City
of San Bernardino acknowledging the receipt and filing of the Annual
Statement of Investment Policy for the period July 1, 2002 through June 30,
2003.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that said resolution be adopted.
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Resolution No. 2002-278 was adopted by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/ Commissioner
Estrada.
22. RES. 2002-275 - A Resolution of the Mayor and Common Council of the
City of San Bernardino, successor to the South San Bernardino County
Water District, assessing properties within the previous district boundaries
in the amount of $12,750 for the Fiscal Year 2002/2003.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-275 was adopted by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/ Commissioner
Estrada.
23. Public hearing - vacate portion of 10'h Street, from Montgomery Street west
to "J" Street - Plan No. 10468
RES. 2002-279 - Resolution of the City of San Bernardino ordering the
vacation of a portion of 10th Street from Montgomery Street, west to "J"
Street (Plan No. 10468).
Mayor/Chairman Valles opened the hearing.
No public comments were received.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the hearing be closed and the Findings of
Fact, as set forth in the staff report dated luly 24, 2002, from the Director of
Development Services, as to why a portion of 10th Street, from Montgomery
Street west to "1" Street, is no longer necessary for public street purposes, be
adopted; and that said resolution be adopted.
The motion carried and Resolution No. 2002-279 was adopted by the following
vote: Ayes: Council Members/Commissioners Lien, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: Council
Member/Commissioner Estrada.
24. Public meeting - Ohio and Walnut Landscape Maintenance Assessment
District No. 1028 - Tract No. 14193
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Mayor/Chairman Valles opened the public meeting.
lames Funk, Director of Development Services, suggested that it might be
appropriate to continue this matter to the next meeting since it deals with a crib
wall that may be included in the assessment district.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the public meeting be continued to the
Council/Commission meeting of September 9,2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
25. Resolution of the Mayor and Common Council of the City of San
Bernardino adopting Findings in support of the Council's decision to
overturn the Bureau of Franchises' denial of the petition for a Franchise
Permit for AAA Inland Empire Cab Company. (Continued from August 5,
2002)
City Attorney Penman advised that both AAA Inland Empire Cab Company and
Bell/Yellow Cab had requested a continuance of this matter to the next meeting.
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Anderson, that the matter be continued to the
Council/Commission meeting of September 9, 2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis. Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
26. RES. 2002-280 - Resolution of the City of San Bernardino authorizing the
execution of a common use agreement between the City and the San
Bernardino County Regional Parks Division for the development and
construction of the Santa Ana River Trail (SART). (Continued from August
5, 2002)
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-280 was adopted by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis. Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
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Recess Meeting
At 4:13 p.m., Mayor/Chairman Valles recessed the meeting to 7:00 p.m. III the
Council Chambers of City Hall.
Reconvene Meeting
At 7:00 p.m., Mayor/Chairman Valles reconvened the Council/Commission meeting,
and the remaining City items were discussed.
27. RES. 2002-281 - Resolution of the City of San Bernardino approving
Amendment No. One to expand the agreement with The Planning Center
for providing professional services to update the City's General Plan to
include preparation of the Arrowhead Springs Specific Plan and related
tasks.
lames Funk, Director of Development Services, introduced the following
individuals: Thomas Thornburgh, President. American Development Group,
Inc.; Paul Lytle, architect for the American Development Group, Inc.; Rod
Garton, General Manager for Arrowhead Springs representing Campus Crusade
for Christ; and Dwayne Mears, President of The Planning Center.
Mr. Funk advised that the owner of Arrowhead Springs, Campus Crusade for
Christ; American Development Group, Inc.; and the Mayor's office have agreed
on the development plan and have agreed to proceed with annexation of the
historic property into the City of San Bernardino. He noted that the Arrowhead
Spring Project represents an exciting opportunity for both the City and property
owner to assist each other in the development of a unique community--an
integrated mix of office, retail, resort, residential and recreation uses, where the
potential exists to create a sustainable development within an open space area
with unique water resources.
Mr. Lytle explained that sustainable development is the target that one tries to
seek in the balancing of the environment, the community, and the economic
vitality of a project, while meeting the needs of the present, without
compromising needs of the future. This is accomplished by following the
principles of II components, which cover everything from land management to
social responsibility, and integrating these components together.
Mr. Funk provided an overview of the vision for the Arrowhead Springs
property, stating that the project would enhance San Bernardino's image,
increase the stock of executive style housing, augment recreation and retail
opportunities, provide upscale executive offices, create a retirement village, and
jointly create a one-of-a-kind world class resort and desirable sustainable
community.
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He stated that the strategy for accomplishing the vision would include preparing
a specific plan for Arrowhead Springs in coordination with the property owner;
preparing the "fatal flaw" analysis, traffic impact analysis, and environmental
impact reports; preparing a development agreement for the property; and
preparing and successfully processing an application for annexation. He pointed
out that the specific plan and development agreement would only become
effective upon annexation of the property to the City of San Bernardino.
Mr. Funk stated that the Council was currently being asked to consider a
proposed amendment to the City's contract with The Planning Center to expand
the scope of work to include the preparation of the required Arrowhead Springs
Specific Plan and related studies and documents. He advised that the Council
had previously approved The Planning Center to update the City's General Plan,
and that Tom Thornburgh of the American Development Group had interviewed
and approved The Planning Center for the preparation of the necessary
documents.
He pointed out that the City would remain the client in charge of the project;
however, the developer would pay in advance for the needed services to prepare
the specific plan and the documents necessary to accomplish annexation of
Arrowhead Springs into the City of San Bernardino. Mr. Funk indicated that he
had in his possession a check in the amount of $14,400 to cover the first work
task, and if the Council approved this project, he would give authorization to
The Planning Center to proceed.
Mr. Thornburgh informed the Council that he had started talking to Campus
Crusade for Christ about six years ago regarding this project, which would
develop 556 acres of the 1, 916-acre Arrowhead Springs property. He stated
that the area is very unique, as it produces 200 million gallons of spring water a
year, with an ample supply of ground water; and that these natural resources on
this property need to be screened and evaluated to make a sustainable
development.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2002/03 budget to increase
the Development Services Department's Professional/Contractual revenues by
$470,000 and do a corresponding increase in Professional/Contractual Account
No. 001-190-5502. (Note: The vote was taken following extended discussion.)
A lengthy discussion ensued regarding the scope of the project and various
concerns and questions posed by the Council. Concern was expressed regarding
the provision of infrastructure items such as safety and fire protection. Many
concerns were expressed about the transportation element of the project and how
the various alternatives for addressing traffic issues would affect the local
residents and community.
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Council Member/Commissioner McCammack stated that public input was
needed prior to the Council making any decisions, and that she was not prepared
to cast a vote for the project without hearing from the public first.
City Attorney Penman advised the Mayor and Council that the documents before
them were legal as to form and content; however, there were some troubling
things throughout the documents that would cause anyone familiar with this area
and history of attempted projects to sit up and take notice.
Mr. Penman referred to several statements made in Attachment 2, Scope of
Work for Arrowhead Springs TIA and Future Parkway Alignment Study,
Amendment to General Plan Update Contract, under the heading, II. Scope of
Work for the Future Roadway Connection.
He questioned when and where the Mayor and Council had established the goal
of connecting Highway 18 from north of Arrowhead Springs to Highway 30 by
building a new highway, and stated he was interested in whether the City does
have a goal, or is interested in finding out if we should be involved in
connecting Highway 18 north of Arrowhead Springs to Highway 30.
Mr. Penman questioned the language that stated the City is taking the lead role
in the process relative to building the roadway segment between 40'h Street and
30'h Street. He stated that he did not recall the Mayor and Council ever voting
to take a lead role in the process.
He ascertained that there were a lot of things in the document that have been
decided for the Mayor and Council--things that legally only the Mayor and
Council can decide, and they are being told that these things are fact and being
asked to act on the next level when they haven't made a decision yet as to
whether they do have these goals and whether they do want to take the lead role
in the process.
Mr. Penman spoke regarding the alignment study and the fact that the document
states that the Caltrans/FHW A review and approval process would not be
involved, yet the ultimate goal would be to relinquish the jurisdiction of the new
roadway to Caltrans.
Finally, he referred to page 5 where it states, "Subtask, I.I.B is to prepare a
concept alignment to extend the new roadway from 40th Street north to connect
to Highway 18, and from 30'h Street south to connect to Highway 30. The
connection at Highway 30 will have new ramps and eliminate existing ramps at
Waterman A venue/30th Street."
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Mr. Penman pointed out that the ramps the City is going to eliminate are all
Caltrans ramps, and yet we're not going to put this through the Caltrans
process. And then in the next paragraph, "At this stage, the scope of work for
Subtask I.1.B is to prepare concept level alignment plans showing connections
to State highways, (and then) initiate discussion with Caltrans . . ."
Mr. Funk stated that Mr. Penman had brought up some good points. He
conceded that in certain parts of the document he probably should have used
different language which would have portrayed intent or desire rather than an
already determined goal. He explained the difficulties of involving Caltrans at
this point in the process, stating it would mean many months of delay and be
considerably more costly. He advised, however, that there had been discussions
with Caltrans, and the traffic engineers that are subcontractors to The Planning
Center are fully aware of the standards that Caltrans requires for State
highways.
Mr. Funk pointed out that everything has to be reviewed by the public, the
Planning Commission, and ultimately brought back to the Council for adoption
when all the pieces are in. He stated that it is not the intent to do anything other
than make sense out of and expedite the process in a way that will maximize the
City's flexibility, so that by doing these things ultimately the expense of the
Arrowhead Springs Parkway would be out of the City's hands.
Mr. Penman stated that his legal advice to the Council would be that if they
were going to commission work to be done on the feasibility of doing the things
in this document, that they first take a vote so they are on legally secure ground
and they are doing it based on their decision to accomplish the things that are
listed on these pages.
He stated that one of the things that they should take a vote on is whether or not
they want the City to have a goal of connecting Highway 18 north of Arrowhead
Springs to Highway 30 by building a new highway in the north/south direction.
A second thing that they should take a vote on is that they do have a short-term
goal to build--not Caltrans to build, but for the City to build--a roadway segment
between 40th Street and 30th Street.
The third item would be that in order to expedite the facilitation of this segment,
that they want the City to take the lead role in the process. These are some
decisions that the Council should make so they are on secure legal ground as
they progress further.
According to Mr. Penman, the most important decision was whether the City
was going to take the lead role in the process, because for years Caltrans has
promised San Bernardino that Waterman would be temporary and they
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(Caltrans) would build the roadway, they would provide the permanent route
from 30th Street to 40th Street and on up into the mountains, and that San
Bernardino's Waterman Avenue would only be temporary.
Council Member/Commissioner Lien stated that she appreciated Mr. Penman's
comments; however, she believed that he was addressing some deeper issues
than what they were looking at tonight. She stated that she didn't have a
problem with moving forward and voting for approval of the floor motion.
Council Member/Commissioner McCarnmack stated that in her opinion the
resolution should reference a funding requirement of $14,400 rather than
$470,000. She advised that she was not going to cast a "yes" vote for this
project for two reasons-her concerns regarding the funding and the fact that
Mr. Thornburgh was not interested in talking to the public that she represents
prior to the Council agreeing to let The Planning Center spend $470,000.
Mr. Thornburgh answered that the intent of this agreement is to be able to do a
study, and he is totally aware that all the monies spent going forward are
developer monies. He stated he was not asking the City to spend one penny
other than their time for approvals. He noted that the approval process in this
specific plan, and the tie into the General Plan, will bring meetings with the
public and meetings with the neighbors. He stated that his intent is to have
knowledge before he meets with the residents as to whether the plan is feasible
and can be done, or whether it cannot be done.
Council Member/Commissioner Suarez stated that he agreed with what Mr.
Penman was saying relative to the assumption that the City would be responsible
for certain things and applauded him for bringing these issues up. He also
thanked Ms. McCammack for thinking of her constituents. However, he
believed the intent was to come up with a study to point out all the different
areas that will be of concern not only to our City, but to the County and the
State of California; therefore, he supported spending this money in order to get
the study done.
Council Member/Commissioner Derry stated that he was glad that Campus
Crusade had moved forward with this project and brought it to the City at this
point, which is just the studying point--the very beginning of the process. He
reminded everyone that currently this area is not even in the City--it is in the
County, and the City currently has no control over its development. However,
by bringing them into the City with an agreement, it brings some control to the
development of these properties, which means it can be developed within the
parameters of what our City would like to see, with the agreement with Campus
Crusade and the developer.
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8/19/2002
City Attorney Penman stated that one positive thing he could think of for the
Council's consideration is that if the City builds the project at Arrowhead
Springs and doesn't own a road to it, the City can put a lot of pressure on
Caltrans at that point to build a road to it, because when this project is done it's
going to need a throughway other than Waterman Avenue.
Council Member/Commissioner Anderson restated the motion, seconded by
Council Member/Commissioner Derry, that said resolution be adopted; and that
the Director of Finance be authorized to amend the FY 2002/03 budget to
increase the Development Services Department's Professional/Contractual
revenues by $470,000 and do a corresponding increase in
Professional/Contractual Account No. 001-190-5502.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Derry, Suarez, Anderson. Nays:
Council Member/Commissioner McCammack. Absent: Council
Member/Commissioner Estrada.
Following a five-minute break, the Council resumed discussion of Agenda Item
No. 27. City Attorney Penman stated that during the break, Special Counsel
Sabo had indicated that he, too, was troubled by some of the language Mr.
Penman was reading; that it really shouldn't be in the attachment to the legal
agreement.
Special Counsel Sabo advised that he thought it would really be more
appropriate to use language such as, "It's our intent to explore" or "It's our
desire to conduct a study" rather than "It's our goal." He suggested that if
there was any way to simply rewrite those particular phrases so they were stated
more as a desire or intent to do these studies, rather than stating it as a goal, that
it would be more appropriate.
Following a brief discussion regarding the wording of the motion, Council
Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the Mayor and Common Council direct
the City Attorney's Office, with the assistance of Special Counsel Sabo, to
review the agreement with The Planning Center and to make appropriate
changes to the language so it does not bind the Council, but expresses an intent
to explore and study.
The motion carried by the following vote: Ayes: Council
Member/Commissioners Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
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Council Member/Commissioner McCammack stated that she had concerns with
the agreement; however, one of her concerns which had to do with the scope of
services had just been addressed in the previous motion.
Ms. McCammack reminded her colleagues that in the agreement with The
Planning Center, the Council is agreeing to pay them $470,000. She stated that,
in her opinion, there were not enough caveats in the agreement to stop the
consultant from continuing on without the Council's approval. She stated that
since the Council has approved the agreement for $470,000, she would like to
see a motion that would insert language in the agreement stating that the Council
must approve each change in the scope of work.
Discussion ensued regarding the management of the funds. Some of the Council
members felt that this would be micro-managing, since it was already
understood that The Planning Center would not be paid unless authorized by the
Director of Development Services.
Special Council Sabo stated that from what he was hearing, it was not the fact
that they may go ahead and do all of the work-it's the question of whether they
are creating a general fund liability for the City. He advised that it needed to be
made very clear that the only source of funds to pay them is from developer
deposits-that there is no general fund liability, and it is only from funds
deposited into a special fund from the developer.
Council Member/Commissioner McCammack stated that this was not entirely
the problem--that the agreement already stated that the City could not authorize
in writing any proceeding with any work without receipt of funds from the
developer. Her concern, however, was the statement that "Upon satisfactory
completion of said work item, task, or phase of the additional services contained
herein, the City shall pay to Consultant the additional fee ..." She stated that
the wording had her very worried, and she asked the question, Upon satisfactory
completion to whom?
A question arose relative to reimbursement of the developer, and Mr. Funk
clarified that the City does not reimburse the developer for one red cent, so if
this language is not clearly stated in the document, then it should be. According
to Mr. Funk, he and the City Attorney's staff had worked on the document to
make sure that without the money there would be no authorization. He
reiterated that the City does not reimburse the developer. He stated it was his
belief that this had been covered on page I of the resolution; however, if it
could be improved upon, that would be great.
Mr. Penman stated that this language also needed to be in the agreement. He
stated that it appeared that there was contradictory language appearing in the
documents (resolution and agreement).
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Mayor Valles stated that it was her understanding that the reason City staff
decided to use The Planning Center for this project is because they are currently
doing the City's General Plan, and so they were asked to extend the General
Plan to Arrowhead Springs, which is in the City's sphere of influence, with the
ultimate goal of annexing the Arrowhead Springs property into the City of San
Bernardino. She stated that the points that had been made today were for
further clarification, and she would ask both Mr. Penman and Mr. Sabo to assist
in clarifying the language with respect to payment.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Suarez, that City Attorney Penman and Special
Counsel Sabo be directed to make changes in the language in the agreement so
that it clearly reflected the intent and purpose of the Council relative to deposit
of monies by the developer and payment upon satisfactory completion of each
phase of the work with Mayor and Council approval. (Note: There was no
vote taken.)
City Clerk Clark expressed concern that earlier a motion had been passed which
adopted the resolution and the accompanying agreement. The Council then
approved a motion directing the City Attorney and Mr. Sabo to review the
agreement and make appropriate changes, as needed. She asked City Attorney
Penman whether the Mayor and Council would have to rescind their previous
motion and bring back a new document, since the Council had adopted the
resolution authorizing execution of the agreement prior to any changes.
Council Member/Commissioner McCammack stated that that would be her
motion, to rescind the previous motion which approved the resolution and
agreement.
The motion failed for lack of a second.
City Attorney Penman stated that he believed a time factor was involved.
However, if the Mayor and Council were comfortable in directing his office,
with the assistance of Mr. Sabo, to make changes in the legal language that
would protect the City and ensure that no City funds are expended without
coming back to the Mayor and Council for approval, but would allow the
developer and The Planning Center to move ahead and do the work that the
majority of the Mayor and Council indicated that they wanted to have done, he
believed the problems could be cured and the document would pass everyone's
muster.
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8/19/2002
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council direct
the City Attorney's Office, with the assistance of Special Counsel Sabo, to
amend the agreement to ensure that money from the developer must be on
deposit prior to any release of payments to the consultant; and to make those
changes in the legal language that will protect the City and ensure that no City
funds are expended without coming back to the Mayor and Council for
approval.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Derry, Suarez, Anderson. Nays:
Council Member/Commissioner McCarnmack. Absent: Council
Member/Commissioner Estrada.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the
traffic issues relative to the development of the Arrowhead Springs property.
Community Development Commission/San Bernardino Joint Powers Financing
Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San
Bernardino Associated Communities Financing Authority - Joint Regular Meeting
At 9:25 p.m., Mayor/Chairman Valles called to order the joint regular meeting of the
Community Development Commission/San Bernardino 10int Powers Financing
Authority/San Bernardino Park Acquisition 10int Powers Financing Authority/San
Bernardino Associated Communities Financing Authority and Mayor and Common
Council.
Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Valles; Council Members/Commissioners Lien, McGinnis, Derry,
Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Council Member/Commissioner Estrada.
R28. RES. CDC/2002-29 Resolution of the Community Development
Commission approving and authorizing the Executive Director of the
Agency to execute Amendment No. 2 to the October 2, 2000 Development
Disposition Agreement, and as subsequently amended, by and between the
Agency and San Bernardino Senior Housing, Inc. - transfer of the property
located at 1520 West Baseline.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
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8/1912002
Resolution No. CDC12002-29 was adopted by the following vote: Ayes:
Council Members/Commissioners Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
29. Public Comments
Bob Neves, 2348 Sterling #439, San Bernardino, CA, stated that he had been
trying to make season reservations at the California Theatre, but had been
unsuccessful because they have sold out all of the area reserved for people with
wheelchairs. He noted that the law allows them to place folding chairs in this
area if it is not sold to people with disabilities, but the theatre is doing this up-
front and not allowing the handicapped to use the seating that is provided for
their use.
City Administrator Wilson stated that his office had contacted the California
Theatre management to ensure this problem is addressed.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, informed the Council
that he was making a presentation at the Democratic Luncheon Club regarding
the disposal of nuclear waste on Friday, August 23, 12 noon to 2 p.m., at the
Denny's restaurant on Second Street and invited anyone interested to attend.
30. Adjournment
The meeting adjourned at 9:30 p.m. The next joint regular meeting is scheduled
for 8:00 a.m., Monday, September 9, 2002, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
By:
RACHEL G. CLARK
;L;it~lerk
Linda E. Hartze(i4i
Deputy City Clerk
No. of Items: 30
No. of Hours: 5.25
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