HomeMy WebLinkAbout11-01-2004 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
NOVEMBER 1, 2004
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council, 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, November 1, 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, Longville, Derry, Kelley, Johnson,
McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson.
Absent: Council Member/Commissioner McGinnis.
Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to Government
Code Section 54956.9(a):
City of San Bernardino Municipal Water Department v. United States
Department of the Army - United States District Court Case Nos. CV 96-
8867 and CV 96-5205:
City of San Bernardino, a Municipal Corporation and the Economic
Development Agency for the City of San Bernardino v. Valerie Pope -
Ludlam Edward Negrete, Yolanda Negrete, Michael Beauregard, Allan
Steward, Inc., Steward & Associates, et al. - San Bernardino Superior Court
Case No. SCVSS 108965;
Dale Evan Miley v. J. Valdivia, Officer J. Rodriguez - United States District
Court Case No. EDCV 04-768 ABC (CW);
Salvador Torres v. City, et al. - San Bernardino Superior Court Case No.
SCVSS 082631.
11/01/2004
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:
Potential Defendants: Fire Chief Larry Pitzer; Fire Captain Ralph
Romero and Fire Engineer Kevin Bathgate
C. Conference with legal counsel - anticipated litigation - initiation of litigation
- pursuant to subdivision (c) of Government Code Section 54956.9:
City of San Bernardino v. City of Riverside
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.
1. Property: 247 W. Third Street
Negotiating Parties: Judith Valles, Mayor, on behalf of the
Redevelopment Agency, property owners, and
Gerry Newcombe, Deputy Administrative
Officer, on behalf of the County of San
Bernardino
Under Negotiation: Purchase price, terms and conditions
2. Property: That parcel consisting of approximately 67.75
acres identified as Parcel 1-2 at the San
Bernardino International Airport, and generally
bounded by Harry Sheppard Boulevard, Del
Rosa Drive, Paul Villasenor Boulevard, and
Memorial Drive
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Negotiating Parties: Don Rogers on behalf of the Inland Valley
Development Agency. David Newsom on behalf
of Hillwood/San Bernardino LLC. Bruce
Varner on behalf of Stater Bros. Markets.
James F. Penman on behalf of the City of San
Bernardino.
Under Negotiation: Terms and conditions
Meadowbrook Housing Project - IVDA Project Area
3. Property: 151 East 2"d Street
APN 0135-291-09
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and/or San
Bernardino City Housing Authority and Ivan
Miletich, property owner
Under Negotiation: Purchase price, terms and conditions
4. Proper 161 East 2nd Street
APN 0135-291-11
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and/or San
Bernardino City Housing Authority and Alberto
Falcon and Maria Garcia, property owners
Under Negotiation: Purchase price, terms and conditions
5. Property: 167 East 2nd Street
APN 0135-291-12
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and/or San
Bernardino City Housing Authority and Pedro
Medina Jr., property owner
Under Negotiation: Purchase price, terms and conditions
6. Property: 156 East King Street
APN 0135-291-27
3 11/01/2004
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and/or San
Bernardino City Housing Authority and Miguel
Ramirez, property owner
Under Negotiation: Purchase price, terms and conditions
7. Property: 253 East King Street
APN 0135-302-09
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and/or San
Bernardino City Housing Authority and Victor
Licon, property owner
Under Negotiation: Purchase price, terms and conditions
Catellus Industrial Project
8. Property: Warm Creek Conservation Basin - San
Bernardino
APN 0136-521-07; 0141-241-14 & 30; 0141-
251-07, 31 & 33; 0164-281-01, 02 & 09;0164-
181-08 & 12
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and David H.
Slaughter, Director of Real Estate Services on
behalf of the County of San Bernardino,
property owner
Under Negotiation: Purchase price, terms and conditions
HUB Project
9. Property: Southwest corner of Tippecanoe and Harriman
Place, formerly known as 1914 South
Tippecanoe Avenue
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Vibhakerbhai
B. Patel and Vimalaben V. Patel, property
owners
Under Negotiation: Purchase price, terms and conditions
4 11/01/2004
Uptown Project Area
10. Proper : APN 0145-242-32, 0145-242-33
Owner/Seller: Mayor Judith Valles, on behalf of the
Redevelopment Agency of the City of San
Bernardino, property owner(s)
Buyer: San Bernardino City Unified School District
("District")
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common Council,
Community Development Commission, and the San Bernardino City Housing Authority.
Invocation/Pledge of Allegiance
The invocation was given by Dr. Aloha L. Smith of St. Francis of Assisi Episcopal Church,
followed by the pledge of allegiance, led by Council Member/Commissioner Kelley.
Moment of Silence
Mayor/Chairman Valles extended condolences to the families of David Hatfield, longtime
friend and architecture professor at San Bernardino Valley College; Richard Bryant, co-
owner of F&W Smith Company and operator of the Flower Pot; and Don Townsend, son of
Art Townsend, founder of the Precinct Reporter, and requested that a moment of silence be
observed in their memory.
2. Appointments
There were no commission appointments.
3. Presentations
A resolution of commendation was presented to Deputy Fire Chief Brian Preciado in
appreciation of his outstanding contributions to the City of San Bernardino and
wishing him continued success in his new position of Fire Chief of Vacaville,
California.
A resolution of commendation honoring Rudy Vidana, a City employee who retired
from the Refuse Department on October 15 after 41 years of service, was accepted
by Lynn Merrill, Director of Public Services.
A resolution of commendation was presented to Lynn Merrill, Director of Public
Services, in appreciation of his outstanding contributions to the City and wishing him
continued success in his new career in the private sector.
5
11/01/2004
Mayor Valles, Fleet Manager Don Johnson, Fleet Operations Coordinator Dan
Thomas, and the entire Fleet Division staff received a commendation from Stan
Phillippe and Ty Smith of the State Department of Toxic Substances Control, Office
of Pollution Prevention and Technology Development, for implementing practices to
cut down the generation of hazardous waste. Mr. Phillippe stated that only a small
number of garages and only four or five cities in the State have received the status of
"Model Shop." He indicated that San Bernardino is the first City in San Bernardino
County to receive this honor.
Council Member/Commissioner Estrada made a presentation to the El Chicano
Newspaper on the occasion of their 35" anniversary.
4. Announcements
Announcements were made by members of the Common Council, elected officials,
and a representative from the Chamber of Commerce regarding various civic,
community, and chamber events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that full reading of the resolutions and ordinances on
the regular and supplemental agendas of the Mayor and Common Council,
Community Development Commission, and the San Bernardino City Housing
Authority, be waived.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
Council Member/Commissioner McGinnis.
6. Claims & Payroll
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated October 19, 2004, from Barbara
Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
Council Member/Commissioner McGinnis.
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7. Personnel Actions
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that the personnel actions as submitted by the Chief
Examiner dated October 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, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
Council Member/Commissioner McGinnis.
8. ORD. MC-1190 - Ordinance of the City of San Bernardino repealing Chapters
2.47 (Central City Advisory Board), 2.44 (Cemetery Commission), 2.41 (Main
Street Advisory Board), and 2.27 (Commission for Disabled Persons) of the San
Bernardino Municipal Code, and amending Section 2.42.020 of the San
Bernardino Municipal Code by adding Paragraph "I" relating to meetings of
the Community Television Commission. FINAL READING.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that said ordinance be adopted.
Ordinance No. MC-1190 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
9. RES. 2004-335 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services Agreement
between Brunick, Battersby, McElhaney, & Beckett and the City of San
Bernardino to represent the City and its employees in the case of Ricky Jesus
and James Seay v. City of San Bernardino, Ofcr. Forsythe, Ofcr. Sharp and Sgt.
Lowes, and Does 1-10, inclusive.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-335 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
10. RES. 2004-336 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services Agreement
between Arias, Lockwood and Gray and the City of San Bernardino to
represent the City and its employees in the case of Qion Lamar Marshall v. City
of San Bernardino, Travis E. Walker, and Does 1 Through 10, inclusive.
7 11/01/2004
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-336 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
11. RES. 2004-337 - 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 employees in the case of Seguenta Lawrence, as personal
representative of the Estate of William Lawrence, deceased, and individually, et al.
v. City of San Bernardino, et al.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-337 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
12. 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 materials were distributed.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that the Mayor and Common Council confirm the
need for continuing in effect the local emergency caused by the Old Waterman
Caynon Fire.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
Council Member/Commissioner McGinnis.
13. RES. 2004-338 - Resolution of the City of San Bernardino amending Resolution
2002-328 entitled in part, "Resolution ... amending Conflict of Interest Code...",
by amending Appendix A to add, delete and change the titles of various
positions within Departments of the City which must file Conflict of Interest
Statements (Statements of Economic Interests, Form 700).
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
8 11 /01 /2004
Resolution No. 2004-338 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
14. RES. 2004-347 - Resolution of the City of San Bernardino amending Resolution
No. 3985 entitled, in part, "A Resolution ... prohibiting parking upon certain
designated streets, alleys, or portions thereof..." to establish a no parking any
time zone on the south side of Lynwood Drive between Golden Avenue and four
hundred twenty-five (425) feet east of Golden Avenue.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2004-347 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
15. RES. 2004-339 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the Final Map for Parcel Map No. 16222, located at
the northeast corner of Arrowhead Avenue and Orange Show Road, accepting
the public dedications as set forth on said map; and authorizing execution of the
Standard Form of Agreement for the improvements in said subdivision, with
time for performance specified.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-339 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
16. RES. 2004-340 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the City of San Bernardino Fire Department to
enter into Memorandum of Agreement (MOA) with the City of Riverside Fire
Department to participate in the Federal Emergency Management Agency
National Urban Search and Rescue Task Force.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-340 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
9 11/01/2004
17. RES. 2004-341 - Resolution of the City of San Bernardino authorizing a
transfer of funds from an existing purchase order for Verizon of California to
SBC for frame relay service providing connectivity from City remote sites to
City Hall.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-341 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
18. RES. 2004-348 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor of the City of San Bernardino or her
designee to execute a lease agreement between the City of San Bernardino and
Nextel Communications for the lease of twelve hundred (1200) square feet of
land at the San Bernardino Soccer Complex.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted; and that the Director
of Finance be authorized to amend the FY 2004/05 Parks, Recreation and
Community Services San Bernardino Soccer Complex budget to include revenue to
Account No. 134-000-4520 (Land and Building Rental) and expenditure of $76,860
in Account No.134-462-5706 (Renovations).
The motion carried and Resolution No. 2004-348 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
19. RES. 2004-349 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor of the City of San Bernardino or her
designee to execute an agreement with Active Network Inc. to provide software
service for registrations and reservations.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2004-349 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
10 11/01/2004
20. RES. 2004-342 - Resolution of the City of San Bernardino authorizing the
Purchasing Manager to issue a purchase order for $149,713.88 to Motorola
Incorporated of San Diego, CA for the purchase of (43) Motorola XTS5000
Digital Ready 800 MHz handheld radios.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-342 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
21. RES. 2004-343 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Second Amendment to the
Memorandum of Understanding (MOU) with the County of San Bernardino
Probation Department to administer the grant funded Juvenile Accountability
Program known as Intervention and Management of Probationer Accountability
and Compliance of Terms (IMPACT).
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-343 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
22. RES. 2004-344 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing a grant of easement to San Bernardino Valley
Municipal Water District for a pipeline on property located at 399 Chandler
Place, San Bernardino (APN 0141-291-23 and 0141-311-06).
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-344 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
23. RES. 2004-345 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing a grant of non-exclusive easement to San
Bernardino Valley Municipal Water District for Baseline feeder south pipeline
on property located on the north side of Dumas Street west of Washington
Avenue, San Bernardino, CA (APN 0136-441-16 and 0136-441-18).
11 11/01/2004
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-345 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
24. Resolutions authorizing the Mayor or her designee to apply for and administer
two (2) State Urban Parks and Healthy Communities Grants
RES. 2004-350 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor of the City of San Bernardino or her
designee to apply for and administer a State Urban Parks and Healthy
Communities Grant from the State of California Department of Parks and
Recreation for the State Urban Parks and Healthy Communities Program under
the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal
Protection Act of 2002 for the upgrade/renovation of the Ruben Campos
Center. (24A)
RES. 2004-351 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor of the City of San Bernardino or her
designee to apply for and administer two (2) State Urban Parks and Healthy
Communities Grants from the State of California Department of Parks and
Recreation for the State Urban Parks and Healthy Communities Program under
the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal
Protection Act of 2002 for two (2) new baseball fields at AI Guhin Park.
(24B)
Council Member/Commissioner Longville stated that she was very disappointed that
the City was once again passing over the badly needed 5,000 square foot addition to
the Perris Hill Senior Center.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that said resolutions A & B, be adopted.
Resolution Nos. 2004-350 and 2004-351 were adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
25. Resolutions authorizing the Mayor or her designee to apply for and administer
two (2) youth soccer and recreation development grants
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RES. 2004-352 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor of the City of San Bernardino or her
designee to apply for and administer a Youth Soccer and Recreation
Development Grant from the State of California Department of Parks and
Recreation for the Youth Soccer and Recreation Development Program under
the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal
Protection Act of 2002 for the Soccer Complex to convert two (2) grass fields to
synthetic fields. (25A)
RES. 2004-353 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor of the City of San Bernardino or her
designee to apply for and administer a Youth Soccer and Recreation
Development Grant from the State of California Department of Parks and
Recreation for the Youth Soccer and Recreation Development Program under
the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal
Protection Act of 2002 for the Nunez Soccer Field to convert one dirt field to
synthetic turf. (25B)
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that said resolutions A & B, be adopted.
Resolution Nos. 2004-352 and 2004-353 were adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
26. Public hearing -- proposed expenditure of monies allocated from the FY
2004/2005 Local Law Enforcement Block Grant (LLEBG)
Note: No backup materials were distributed.
Staff requested that this item be continued to November 15, 2004.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that the hearing be continued to the
Council/Commission meeting of November 15, 2004.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
Council Member/Commissioner McGinnis.
27. Public bearing -- proposed expenditures of monies allocated from the FY
2004/2005 Citizen's Option for Public Safety (COPS)
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RES. 2004-346 - Resolution of the City of San Bernardino authorizing the
obligation and expenditure of the allocated Citizens Option for Public Safety
(COPS Option) monies for FY 04105 to supplement front-line law enforcement
support services.
Mayor/Chairman Valles opened the hearing.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that the hearing be closed; and that said resolution be
adopted.
The motion carried and Resolution No. 2004-346 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
28. Public meeting - 4:00 p.m. - formation of a landscape maintenance assessment
district in the Palm Avenue and Verdemont Drive area (AD 1032 - Tract No.
14352)
Mayor/Chairman Valles opened the meeting.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the public meeting relative to the formation of
the Palm Avenue and Verdemont Drive area Landscape Maintenance Assessment
District No. 1032 be closed, and protests and ballots, if any, be carried over to the
public hearing on November 15, 2004, at 4:00 p.m.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
Council Member/Commissioner McGinnis.
29. Public meeting - 4:00 p.m. - formation of a landscape maintenance assessment
district in the Palm Avenue and Meyers Road area (AD 1035 - Tract Nos. 13572
and 15538)
Mayor/Chairman Valles opened the meeting.
No public comments were received.
14 11/01/2004
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the public meeting relative to the formation of
the Palm Avenue and Meyers Road area Landscape Maintenance Assessment District
No. 1035 be closed, and protests and ballots, if any, be carried over to the public
hearing on November 15, 2004, at 4:00 p.m.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
Council Member/Commissioner McGinnis.
30. ORD. MC-1191 - An Urgency Ordinance of the City of San Bernardino
amending Chapter 19.20 (Property Development Standards) of the San
Bernardino Municipal Code (Development Code) related to heights of fencing
for schools. URGENCY
Council Member/Commissioner Longville requested that day care facilities be added
to the final ordinance.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that said urgency ordinance be adopted.
Ordinance No. MC-1191 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
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, Derry, Kelley, Johnson,
McCammack; City Attorney Penman, City Clerk Clark, Economic Development Agency
Special Counsel Sabo and Executive Director Van Osdel. Absent: Council
Member/Commissioner McGinnis.
R31. RES. CDC/2004-39 - A Resolution of the Community Development Commission
of the City of San Bernardino approving and adopting the Redevelopment
Agency of the City of San Bernardino Replacement Housing Plan for
Meadowbrook Single-family Housing Project. (Continued from October 18, 2004)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
15 11/01/2004
Resolution No. CDC/2004-39 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
R32. Arrowhead Avenue Street Improvements
A Resolution of the Mayor and Common Council of the City of San Bernardino
approving (1) a certain County Agreement and (2) the Cooperation Agreement
with the Redevelopment Agency of the City of San Bernardino for costs
invoicing relative to the National Orange Show Events Center/Arrowhead
Avenue Improvements Project. (R32A)
Resolution of the Community Development Commission of the City of San
Bernardino approving the Cooperation Agreement for costs invoicing relative to
the National Orange Show Events Center/Arrowhead Avenue Improvements
Project. (R32B)
Resolution of the Community Development Commission of the City of San
Bernardino approving the Redevelopment Grant Agreement with the National
Orange Show Events Center for the Arrowhead Avenue Improvements.
(R32C)
Special Counsel Sabo requested that this matter be continued for two weeks.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of November 15, 2004.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
Council Member/Commissioner McGinnis.
R33. RES. CDC/2004-40 - Resolution of the Community Development Commission of
the City of San Bernardino, California, designating check signers and
countersigners for the City of San Bernardino Redevelopment Agency/Economic
Development Agency checks and wire transfers, and repealing Resolution No.
CDC 2001-45.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. CDC/2004-40 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
16 11/01/2004
R34. Set a joint public hearing for Monday, December 6, 2004, to consider the
Meadowbrook Single Family Residential Development Agreement with ANR
Industries, Incorporated
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Derry, that the Mayor and Common Council and the
Community Development Commission set a joint public hearing for December 6,
2004 to consider the sale of certain parcels in accordance with a proposed
Development Agreement by and between ANR Industries, Inc. and the
Redevelopment Agency.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
Council Member/Commissioner McGinnis.
R35. Proposal to provide a Community Development Block Grant (CDBG) Limited
Loan Guarantee to the Totally Kids, Inc. Project
Council Member/Commissioner Kelley asked who would be financially responsible
if the proposal were to fail.
Gary Van Osdel, Economic Development Agency Executive Director, stated that if
the entire deal were to fail, Grow San Bernardino would take the first $250,000 that
would be on deposit in the restricted fund. Thereafter, the City would be expected
to pay $250,000 in CDBG funds for three years that would be payable to the Grow
San Bernardino Fund. He stated that the maximum amount the City would have to
pay would be $1 million from CDBG funds.
Council Member/Commissioner McCammack inquired as to why a resolution was
not prepared.
Mr. Van Osdel stated that originally there was a resolution that not only asked for
the approval of the guarantee, but also asked that the Mayor be authorized to execute
the guarantee. He stated that because this documentation had not been received from
Grow San Bernardino Fund, the City Attorney's Office advised that it would be best
not to ask the Council to authorize the Mayor to sign something that the Council had
not seen. Mr. Van Osdel stated that rather than modify a large resolution that would
do nothing more than the recommended motion, staff decided to use a motion instead
of the resolution. He indicated that staff would have to come back to the Council
with the actual documentation that the Mayor would be authorized to execute.
Council Member/Commissioner McCammack requested the address of the project.
Mr. Van Osdel stated that the project was located on the west side of Mountain View
on the eastern limits of the City just above the I-10 Freeway.
17 11/01/2004
Council Member/Commissioner McCammack inquired as to what position the City
was in for the loan guarantee.
Special Counsel Sabo stated that one of the other documents yet to be generated
besides the loan guarantee, was the inter -creditor agreement, an agreement among
the Grow San Bernardino Fund, the first lender, the City, and the IVDA, that would
explain what will happen if there is a default. He stated that there will be crossed
defaults, meaning that if there is a default under the first loan, there will be an
automatic default under this loan and vice versa.
Mr. Sabo stated that if there is a default, it is expected that the first source of funds
if there is a default would be the $250,000 that the City will be putting up and the
$250,000 that the IVDA will be putting up. He stated that the next source of funds
would come from the personal guarantees, which are quite substantial, so there may
not be a reason to go after the remaining three payments from the City or the IVDA.
He stated that if they did go after those personal guarantees and if the loan were
completely paid off and the City was still out the $250,000, then the City would get
the assignment of those personal guarantees under this inter -creditor agreement.
In answer to Mrs. McCammack's question, Mr. Sabo stated that the order would
begin with a first lender, such as a Wells Fargo Bank, who would be purchasing new
money market tax credits; a County loan that he believed would be secured by other
properties that are in the vicinity; the Grow San Bernardino Loan, which would have
two components—IVDA and the City of San Bernardino; and the inter -creditor
agreement that would address what will happen in the event of default. Mr. Sabo
stated that if there is a default, the $250,000 would be gone immediately, and then
the issue would be to make sure the City has access to those personal guarantees for
whatever assets are remaining.
Council Member/Commissioner McCammack wanted to verify that what she read in
the staff report was correct —that the $1 millon of CDBG Funds would be tied up for
25 years.
Mr. Sabo stated that $250,000 would initially be appropriated and deposited with
Grow San Bernardino Fund and it would be a 25-year loan. He stated that if there is
a default, the City would have the remaining obligation to appropriate additional
$250,000 amounts for three consecutive years.
Mr. Van Osdel stated that the Agency's consultant had reviewed this transaction and
he believes the loan will be paid within the first 3-7 years and does not anticipate it
going the full 25 years, although that is a possibility.
City Attorney Penman stated that this money would be amortized over 25 years and
if a default occurs in say ten years, the City and IVDA would have to pay about
$600,000. Mr. Penman stated that this project was a precedent setting situation for
the City in that it deals with children that have severe disabilities and is an area that
18 11/01/2004
normally would not be funded by a City using CDBG Funds, but would be funded
by the Federal, State, or County Government. He stated that although he understood
this to be a very needy project, he felt the amount was too great to tie up for 25
years.
Doug Padgett, President of Totally Kids, stated that they serve disabled children
within the City and County of San Bernardino. He stated that they approached the
City over two years ago because it was impossible to develop this expansion without
some special assistance. He noted that they will be bringing 150 jobs to this area.
City Attorney Penman asked if Mr. Padgett had applied to any other cities for loan
guarantees.
Mr. Padgett stated that they had not.
Council Member/Commissioner McCammack asked if Totally Kids, Inc. was a non-
profit organization.
Mr. Padgett stated that Totally Kids, Inc. is a for -profit organization.
Council Member/Commissioner McCammack stated that she was confused as to why
they were having difficulty getting funding since the four managing partners have a
combined net worth in excess of $25 million.
Mr. Sabo stated that they were initially looking for a bank loan, and the bank was
looking for a governmental agency that would guarantee it.
Council Member/Commissioner McCammack asked why a bank would ask a for -
profit agency to get a governmental agency's guarantee.
Mr. Padgett stated that the bank was going to give a 65 percent loan to value on the
special use property and another bank they approached would only go 50 percent.
He explained that the equity that is available is really not available. The greatest
amount of equity is in their existing property and it has a collateralized debt that
became a bond issue that is untouchable. So the equity that has built up in the
existing operation in San Bernardino cannot be touched.
City Attorney Penman stated that when this project first came before the Council he
had read that this group had some non-profit components and some for -profit
components, and he just learned that they were going to make this loan to a non-
profit organization. He stated that there was a reason that one bank would only loan
50 percent and another bank would loan 60-65 percent, and that is because it is not a
good business venture and this money is the money the City would be using to
perform demolitions and pay off loans used to purchase new fire trucks.
19 11/01/2004
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council of the City of
San Bernardino (1) authorize a $1 million limited loan guarantee from the City's
Community Development Block Grant (CDBG) funds ($250,000 per year for 4
years, commencing 2005/2006), and (2) authorize the preparation for consideration
by the Mayor and Common Council a Limited Guarantee Agreement and
corresponding documents, by and between Grow San Bernardino Fund, Totally
Kids, Inc., and the City - Totally Kids, Inc. Pediatric Subacute Care Facility.
The motion failed by the following vote: Ayes: Council Members/Commissioners
Estrada, Derry, Johnson. Nays: Council Members/Commissioners Longville,
Kelley, McCammack. Absent: Council Member/Commissioner McGinnis.
Mayor Valles stated that she was disappointed because she felt this project was a
good investment in the children and the community. She requested that this matter
be placed on the November 15, 2004, Council agenda.
Council Member/Commissioner Estrada stated that she did not want the public to
assume that what the Council was thinking of doing was to set aside $250,000 for a
profit making group without enough consideration. She stated that the City does
business transactions with profit making businesses all the time and it didn't matter
to her if the money comes out of the general fund, tax increment, or different types
of bond money, as those monies could also be used for other projects in the
community; but the Council chooses to make deals with those businesses because
they think it will be good for the people they are providing services to and the
community as a whole.
Ms. Estrada stated that she thought it was unfair to let the people of San Bernardino
think that their focus was to take $250,000 of Community Development Block Grant
money, then set it aside and hold it in abeyance because this deal was going to be
done with a for -profit making group. She stated that they do this all the time when
they make deals with car dealerships, mall owners, and other types of businesses in
the community they believe they are making an investment for the people of the City
and for the good of its residents. She stated that this is a project that has been before
them for the last two years and is going to create a number of good paying jobs for a
number of people in this community.
City Attorney Penman stated that Ms. Estrada's comments were misleading because
she was referring to tax increment dollars, not CDBG grants. He stated that the City
has indirectly used CDBG grants in the past to help fund some profits through the
use of Section 108 loans, but has not, to the best of his knowledge, directly used
CDBG money in this manner.
Mr. Van Osdel stated that even though they have never used CDBG funds in the
method they are proposing, one of the eligible activities under CDBG and some of
20 11/01/2004
the things that used to be done with CDBG are for economic development purposes,
and that is clear in the law. He stated that although this is a different approach, it is
consistent with what they are allowed to do with CDBG funds.
Mayor/Chairman Valles asked those Council Members who voted against the project
if they would reconsider their vote. Council Member/Commissioner Kelley
indicated that he would reconsider. Council Members/Commissioners Longville and
McCammack indicated that they would not.
R36. RES. CDC/2004-41 - Resolution of the Community Development Commission of
the City of San Bernardino, on behalf of the Economic Development Agency of
the City of San Bernardino, amending Resolution No. 4420 (as amended by
Resolution Nos. 4852, 5048, 5057, 5356, 5389, 5424, 5507, 5560, CDC/2000-44,
and CDC/2001-51) entitled, in part, "Resolution ... adopting a Conflict of
Interest Code...," by amending Appendix A to add, delete and change the titles
of various positions within the Economic Development Agency of the City of San
Bernardino which must file Conflict of Interest Statements.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. CDC/2004-41 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
R37. RES. CDC/2004-42 - Resolution of the Community Development Commission of
the City of San Bernardino authorizing the Chairperson of the Redevelopment
Agency of the City of San Bernardino to execute a Partial and Limited Release
from Declaration of Restrictions in favor of California State University San
Bernardino.
Council Member/Commissioner Longville abstained due to the fact that she is an
employee of Cal State University San Bernardino.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. CDC/2004-42 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Derry, Kelley, Johnson, McCammack. Nays:
None. Abstentions: Council Member/Commissioner Longville. Absent: Council
Member/Commissioner McGinnis.
21 11/01/2004
38. Public Comments
Rick Avila, Avila Construction, 4022 North "F" Street, San Bernardino, CA, stated
that both Jim Penman and Joe Arias have several cases that are sitting idle in the
courts and he feels they should be investigated for corruption.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding
certification of voting software.
Joe Ramirez, 6984 North Little League Drive, San Bernardino, CA, spoke
regarding some of the problems he has experienced in trying to obtain a permit to
build his home at 1387 W. Spruce Street.
S1. Report on chronology of filling vacant fire fighter/paramedic positions and
communications between Fire Administration and Civil Service
Note: No backup materials were distributed.
City Attorney Penman requested that this matter be continued to the next meeting.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the
Council/Commission meeting of November 15, 2004.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
Council Member/Commissioner McGinnis.
39. Adjournment
At 5:21 p.m., the meeting adjourned. The next joint regular meeting of the Mayor
and Common Council/Community Development Commission is scheduled for 1:30
p.m., Monday, November 15, 2004, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
No. of Items: 40
No. of Hours: 4
RACHEL G. CLARK
City Clerk
B ' A .wA/f..4A.f � �
Linda Sutherland
Deputy City Clerk
22 11/01/2004