HomeMy WebLinkAbout02-07-2005 MinutesSan
CITY OF SAN BERNARDINO
300 N. "D " Street
San Bernardino, CA 92418
Website: www.sbeity.org
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
FEBRUARY 7, 2005
COUNCIL CHAMBERS
Mayor Judith Valles
Council Members:
Esther Estrada
Susan Longville
Gordon McGinnis
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCammack
The joint regular meeting of the Mayor and Common Council and Community
Development Commission was called to order by Mayor/Chairman Valles at 1:38 p.m.,
Monday, February 7, 2005, 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, McGinnis, Derry,
McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson.
Absent: Council Members/Commissioners Longville, Kelley, Johnson.
Council Member/Commissioner Johnson Arrived
At 1:44 p.m., Council Member/Commissioner Johnson arrived at the Council/
Commission meeting.
Council Members/Commissioners Longville and Kelley Arrived
At 1:46 p.m., Council Members/Commissioners Longville and Kelley arrived at the
Council/Commission meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
02/07/2005
Luis Alberto Jovel, an individual; Marina Jovel, an individual v. City of
San Bernardino, et al. - United States District Court Eastern District of
California - Case No. CIV F-04-6586 AWI DLB;
Candice Dick v. City of San Bernardino, et al. - United States District
Court Case No. EDCV 02-158 VAP (SGLx);
Marshall v. City of San Bernardino, et al. - United States District Court
Case No. EDCV 04-00272 VAP (SGLx);
of San Bernardino
States Department of the Army -
CV 96-8867 & CV 96-5205;
Water Department v. The United
ited States District Court Case Nos.
Michelle P. Arroyo v. City of San Bernardino, et al. - United States
District Court Case No. CV 02-8967 ABC (SHSx) & San Bernardino
Superior Court Case No. SCVSS 100619.
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:
Patrick Major v. City of San Bernardino Fire Department;
San Bernardino City Professional Firefighters Local No. 891 v.
City of San Bernardino, Larry Pitzer, et al.
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:
Negotiator:
Linn Livingston, Human Resources Director
2 02/07/2005
G.
Employee Organizations:
General Unit
Fire Safety Employees
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. Proper 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
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
Uptown Project Area
3. Property: APN 0145-242-32 and APN 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")
Central City North Redevelopment Project Area
4. Property #1: 734 W. 411 Street (Vacant land)
APN 0134-093-20 and APN 0134-093-19
3
02/07/2005
5.
G�
91
.7
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Penhun
Ltd./Expo Ltd., property owner(s)
Under Negotation: Purchase price, terms and conditions
Property #7: 796 W. 5' Street
APN 0134-054-25
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and William R.
Bland, property owner(s)
Under Negotiation: Purchase price, terms, and conditions
Property #8: 795 W. 5' Street
APN 0134-093-41
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Tien Lee
International Limited Corp., property owner(s)
Under Negotiation: Purchase price, terms, and conditions
Property #9: 755 W. 5' Street
APN 0134-093-40
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Patel B. and
Premila B. Dashrath, property owner(s)
Under Negotiation: Purchase price, terms, and conditions
Property #11: 745 W. 5' Street
APN 0134-093-05
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Patrick A.
Abitante Trust, property owner(s)
Under Negotiation: Purchase price, terms, and conditions
Property #11: Parking Lot
APN 0134-093-06
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Patrick
Abitante, property owner(s)
Under Negotiation:
10. Property #13:
4
Purchase price, terms and conditions
575 W. 5" Street
APN 0134-093-07
02/07/2005
11
12.
13
14
15.
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and International
Capital Investment, Inc., property owner(s)
Under Negotiation: Purchase price, terms, and conditions
Property #14: 701 W. 5' Street (Vacant lot)
APN 0134-093-08 & APN 0134-093-09
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Faas UP
Family Trust, property owner(s)
Under Negotiation: Purchase price, terms, and conditions
Property #15: Vacant Land
APN 0134-054-24
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Fook Sung
Investment Co. Ltd., property owner(s)
Under Negotiation: Purchase price, terms, and conditions
Property #16: 696 W. 51" Street
APN 0134-061-30
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Christopher
C. and Henry C. Ko, property owner(s)
Under Negotiation: Purchase price, terms, and conditions
Property #17: 795 W. 5' Street
APN 0134-061-22
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Christopher
C. and Henry C. Ko, property owner(s)
Under Negotiation: Purchase price, terms, and conditions
Property #18: 495 N. "G" Street
APN 0134-101-28
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Dae W. and
Jeong I. Hong, property owner(s)
Under Negotiation: Purchase price, terms, and conditions
5 02/07/2005
16.
17
18
19
20
21
Property #19: Vacant Land
APN 0134-093-10
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Parlock
Holdings, LLC, property owner(s)
Under Negotiation: Purchase price, terms, and conditions
Property #20: 448-450 N. "G" Street (Vacant land)
APN 0134-093-11
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Siegfried D.
Faucette, property owner(s)
Under Negotiation: Purchase price, terms, and conditions
Property #21: 448-450 N. "G" Street
APN 0134-093-44
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Protea
Hotel, Inc, property owner(s)
Under Negotiation: Purchase price, terms, and conditions
Property #22: 740 W. 411 Street
APN 0134-093-43
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Penhun
Ltd./Expo Ltd., property owner(s)
Under Negotiation: Purchase price, terms, and conditions
Property #23: 708 W. 4' Street
APN 0134-093-45
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Chiyo
Lapham, property owner(s)
Under Negotiation: Purchase price, terms, and conditions
Property #57: Vacant Land
APN 0134-101-04, 0134-101-05, 0134-101-06
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Charles H.
and Sarah M. Garner Trust, property owner(s)
Under Negotiation: Purchase price, terms, and conditions
6 02/07/2005
IVDA Redevelopment Project Area
22. Property: 2073 N. Newcomb Street
APN 1191-021-21
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency, and Rafael
Orantes, Hector M. Moreno, and Roberto
Romo, property owner(s)
Under Negotiation: Purchase price, terms, and conditions
City Attorney Penman announced that the following items would be discussed in
closed session under Agenda Item No. 1B, Significant exposure to litigation:
Residents of Mirada Road v. City of San Bernardino;
Agenda Item No. 13
City Attorney Penman announced that during closed session the following item
had been discussed under Agenda Item 1G, Conference with real property
negotiator:
Property: 567 N. Sierra Way
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of
the Redevelopment Agency, and David Moore, on
behalf of the YWCA
Under Negotiation: Purchase price, terms & conditions
Moment of Silence
Mayor/Chairman Valles requested a moment of silence in memory of Alonzo
Thompson, who was a member of the Elk's Club for over 65 years, co-founder of the
Pal Center, a former president of WAG, and the founder of the City's Black History
Parade.
Council Member/Commissioner Estrada extended condolences to the family of
Lawrence Mendoza, a former City employee who worked for many, many years in the
Refuse Division and passed away a couple of weeks ago.
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.
7 02/07/2005
Invocation/Pledge of Allegiance
The invocation was given by Reverend Petra Malleis-Sternberg of the First
Congregational United Church of God in Christ, followed by the pledge of allegiance,
led by Mark Luna and Katalina Rubio from Bradley Elementary School.
2. Appointments
• Joyce Seeger - Community Development Citizens Advisory Committee -
Council Member/Commissioner Kelley
Dr. Cecelia Parrenas - Human Relations Commission - Council Member/
Commissioner Estrada
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council approve
the appointments of Joyce Seeger to the Community Development Citizens
Advisory Committee as requested by Council Member/Commissioner Kelley
and Dr. Cecelia Parrenas to the Human Relations Commission as requested by
Council Member/Commissioner Estrada.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
3. Proclamations & Presentations
There were no proclamations or presentations.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative of the Chamber of Commerce regarding
various civic and community events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, 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 Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
8 02/07/2005
6. Claims and Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated February 1,
2005, from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
7. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the personnel actions as submitted by the
Chief Examiner dated February 1, 2005 in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common Council of the City
of San Bernardino, be approved and ratified.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
8. RES. 2005-38 - Resolution of the City of San Bernardino approving the
form of and authorizing the execution and delivery of a Purchase and Sale
Agreement and related documents with respect to the sale of the City of San
Bernardino's Vehicle License Fee Receivable from the State; and directing
and authorizing certain other actions in connection therewith.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2004/05 budget by
increasing revenue Account No. 001-000-4932 (VLF Loan Sale) by $3 million
and a corresponding increase to the General Fund Budget Reserve of $3 million.
The motion carried and Resolution No. 2005-38 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
9. 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.
9 02/07/2005
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council confirm
the need for continuing in effect the local emergency caused by the Old
Waterman Canyon Fire.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. Receive and file - 2003/2004 Annual Audit - Water Department's Water
and Sewer Utilities
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council receive
and file the 2003/2004 Annual Audit of the Water Department's Water and
Sewer Utilities.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11. Contract Change Order No. Two - Nikola Corporation - sewer
improvements on Baseline Street (SW04-04); "I" Street (SW04-30); Wilson
Street and 35' Street (SW04-31), per Plan No. 10890 & authorization for
the Director of Finance to amend the FY 2004/05 budget
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council authorize
the Director of Development Services to execute Change Order No. Two in the
amount of $33,946.12 to contract with Nikola Corporation for sewer
improvements on Baseline Street (SW04-04); "I" Street (SW04-30); Wilson
Street and 35' Street (SW04-31), per Plan No. 10890; and that the Director of
Finance be authorized to amend the FY 2004/05 budget by transferring $33,900
from unallocated sewer construction funds; transfer $11,300 to Account No.
245-365-5504-7417 (SW04-04); transfer $11,300 to Account No. 245-365-5504-
7427 (SW04-30); and transfer $11,300 to Account No. 245-365-5504-7428
(SW04-31).
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10 02/07/2005
12. RES. 2005-41 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Macadee Electrical Construction,
Inc., for traffic signal improvements at 5" Street/Waterman Avenue (TC04-
02), 3'd Street/Waterman Avenue (T'C04-02), Baseline Street/"E" Street
(TC04-02), Baseline Street/Arrowhead Avenue (TC04-02), Pepper
Avenue/Rialto Avenue (TC04-02), Hunts Lane/"E" Street (TC04-19), and
Arden Avenue/20' Street (TC04-25); per Plan No. 11177.
Council Member/Commissioner McCammack asked staff to check on the
scheduling of two signal improvements that were on the CIP—one at 30' and
"E" Street and the other at 30°i and Valencia Avenue.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the Mayor and Common
Council authorize the Director of Finance to amend the FY 04/05 adopted
budget and transfer $59,300 to Account No. 129-367-5504-7338, TC04-02,
"City -Wide Traffic Signal Improvements" from Account No. 129-367-5504-
7331, TC04-14, "Victoria Avenue and Lynwood Drive New Traffic Signal"
(previously allocated Measure "I" funding), and transfer $6,500 to Account No.
250-370-5504-7338 (TC04-02) from Account No. 250-370-5504-7481, TC04-
23, "6°i Street Pedestrian Signal Upgrade"; and
that the Director of Finance be authorized to amend the FY 04/05 adopted
budget and transfer $26,300 to Account No. 250-370-5504-7434, TC04-19,
"Hunts Lane at `E' Street New Traffic Signal" from Account No. 250-370-
5504-7481, TC04-23, "6' Street Pedestrian Signal Upgrade," and transfer
$8,600 to Account No. 250-370-5504-7434 (TC04-19) from Account No. 250-
370-5504-7482, TC04-24, "5°i Street Pedestrian Signal Upgrade"; and
that the Director of Finance be authorized to amend the FY 04/05 adopted
budget and transfer $24,200 to Account No. 250-370-5504-7450, TC04-25,
"Arden Avenue at 20" Street New Traffic Signal" from Account No. 250-370-
5504-7482, TC04-24, "5°i Street Pedestrian Signal Upgrade"; and
that the Director of Development Services be authorized to amend the Measure
"I" 5-year Capital Improvement Program to reflect the transfer of funds from
TC04-14 to TC04-02; and that said resolution be adopted.
The motion carried and Resolution No. 2005-41 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
11 02/07/2005
13. Contract Change Order No. One - Guzman Construction Company - storm
drain improvements in Rialto Avenue from Rancho Avenue to Pennsylvania
Avenue (SD04-09) to include Palm Avenue Catch Basin, per Plan No. 10311
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council authorize
the Director of Development Services to execute Change Order No. One in the
amount of $96,970.80 to contract with Guzman Construction Company for
storm drain improvements in Rialto Avenue from Rancho Avenue to
Pennsylvania Avenue and to install Palm Avenue Catch Basin; and that the
Director of Finance be authorized to appropriate $39,000 from the Storm Drain
fund balance to Account No. 248-368-5504-7255 (Rialto Avenue Storm Drain)
and appropriate $49,000 from the Storm Drain fund balance to Account No.
248-368-5504-7553 (Palm Avenue Storm Drain and Catch Basin.)
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14, RES. 2005-39 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding Golden State Fence Company a purchase
order in the amount of $176,238 for the purchase and installation of
wrought iron security fences at six (6) community pools: Jerry Lewis Swim
Center; Mill Community Center; Rudy Hernandez Center; Ruben Campos
Center; Delmann Heights Center; and Boys & Girls Club.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that the
Mayor and Common Council authorize the Director of Finance to appropriate
$176,500 from the undesignated Park Construction Fund balance to CIP Project
No. 243-363-5504-7504 for the purchase and installation of wrought iron fences
at community pools.
The motion carried and Resolution No. 2005-39 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
15. RES. 2005-40 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a purchase order in the amount of $26,500 to
Pro Line Gymnasium Floors for replacement of gymnasium floor at Norton
Recreation Center per RFQ Bid Specification F05-03.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
12 02/07/2005
Resolution No. 2005-40 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
16. Receive and file - FY 2004/05 Second Quarter Budget Report
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
receive and file the FY 2004/05 Second Quarter Budget Report.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17. Public hearing - resolution ordering work - Belmont Avenue and Magnolia
Avenue Landscape Maintenance Assessment District No. 1037 (Tract No.
13630)
RES. 2005-42 - Resolution of the City of San Bernardino finding and
determining the existence of less than a majority protest, that ballots
representing at least fifty percent (50%) affirmative votes for the proposed
assessment have been received and that the public convenience and necessity
require the maintenance of landscaping in the area of Belmont Avenue and
Magnolia Avenue, approving the final Engineer's Report, creating an
assessment district to cover the costs of said maintenance, known as
Assessment District No. 1037, ordering the work, confirming the 2005-2006
Assessment Roll, and determining that the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 shall not apply.
Mayor/Chairman Valles opened the hearing.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2005-42 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
18. Public hearing - resolution ordering work - Orange Show Road and
Arrowhead Avenue Landscape Maintenance Assessment District No. 1038
(Parcel No. 16222)
13 02/07/2005
Resolution of the City of San Bernardino finding and determining the
existence of less than a majority protest, that ballots representing at least
fifty percent (50%) affirmative votes for the proposed assessment have been
received and that the public convenience and necessity require the
maintenance of landscaping in the area of Orange Show Road and
Arrowhead Avenue, approving the final Engineer's Report, creating an
assessment district to cover the costs of said maintenance, known as
Assessment District No. 1038, ordering the work, confirming the 2005-2006
Assessment Roll, and determining that the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 shall not apply.
Mayor/Chairman Valles opened the hearing.
Burrell Magneson, Chairman of Essex, developer of the property, said it was
his understanding that the landscape maintenance assessment district would be a
default district. He advised that an association is being formed of property
owners within this business development whereby all of the owners will be
members of the association and that very strict CC&Rs will be enacted and filed
that will require each of the owners to pay and to maintain landscaping as well
as other elements of the properties.
He stated that he was merely clarifying his understanding of the process,
because it sounded like the property owners were going to be billed twice —once
by the association and again by the City through an assessment on the actual tax
rolls.
City Administrator Wilson stated that this was the first he had heard of this; that
normally the City goes through the process of forming the landscape
maintenance district and the cost is added to the property tax bill.
Council Member/Commissioner McGinnis questioned whether Essex had
applied for an association. According to Mr. McGinnis, a property owner can
apply for an association in lieu of the landscape district; however, if nobody has
applied, that is when the City goes through and does it's own application for an
assessment district.
Mr. Magneson indicated that he was a bit surprised that the default language
wasn't included, because all along they had intended to maintain the landscaping
themselves, as the association. He stated that in the event the landscaping was
not maintained, the City wanted some teeth whereby they could step in with the
landscape maintenance district formation and enforce the landscaping.
14 02/07/2005
City Clerk Clark stated for the record that there were 14 parcels, that 14
assessment ballot forms had been mailed to the property owner, and that all 14
had been returned to the City unanimously approving the proposed assessment
and they were all signed by Mr. Magneson, the property owner.
City Attorney Penman stated that Special Counsel Sabo was doing something
similar at the old Norton Air Base and asked him to comment on this.
Mr. Sabo explained that at the former Norton Air Base they are about ready to
file for a landscape lighting district, and there is a default mechanism in it;
however, what they are doing is forming the actual district and then they are
proposing an agreement that, as long as a property owner adequately maintains
their adjacent landscaping, they would not then be assessed for that amount.
He stated that it was his understanding that right now the City has no such
mechanism in place for a true default assessment district, and that is why when
he started working on this about a year ago he proposed that there would be a
formal agreement to be approved by the City Council and offered to one or
more of the large property owners —that as long as they adequately maintain
their landscaping, the City would not have contract crews perform the
maintenance. He stated that the City might want to do something similar in this
situation.
Mr. Magneson stated that he thought Mr. Sabo had a good suggestion —that it
seemed to be a great way to reconcile the issue. The association would maintain
the landscaping; however, if it wasn't done properly, or to the City's best
interest, the landscape maintenance district would already be formed and the
City would have the teeth to come in and say, we don't like what you are doing
and we're going to assess.
Council Member/Commissioner McGinnis suggested that the hearing be
continued in order to allow the City Attorney's office to investigate the matter
so that the City is ready with the landscape maintenance district in the event the
association fails to maintain the property, including language or agreements to
ensure that the property owners are not billed twice.
Council Member/Commissioner Estrada questioned whether the Council was
still talking about doing a maintenance district or whether they were talking
about a separate agreement that would be done with the corporation.
City Attorney Penman stated that this would need to be figured out, because he
understood Mr. Magneson to say that he felt the landscape maintenance
assessment district was going to be a backup to the association handling the
landscaping; however, Mr. Penman was not sure what the City understood.
15 02/07/2005
Mayor Valles asked the City Attorney to look into the matter with the goal being
to have the district maintained without billing the landowners twice.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Derry, that the matter be continued to the
Council/Commission meeting of February 22, 2005, to allow the City
Attorney's Office time to investigate and find the best way to handle the matter.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION
Staff present: Mayor/Chairman Valles; Council Members/Commissioners Estrada,
Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman,
Economic Development Agency Executive Director Van Osdel, City Clerk Clark.
R19. RES. CDC/2005-5 - A Resolution of the Community Development
Commission of the City of San Bernardino authorizing and approving the
Executive Director to execute a three (3) year agreement by and between
Neighborhood Housing Services of the Inland Empire, Inc. (NHS) and the
Redevelopment Agency ("Agency") for administration of the Agency's
Single Family Beautification Loan/Grant and Mobile Home Grant
programs.
Council Member/Commissioner McCammack stated that she would have to
abstain because NHS is a business client. She left the Council Chambers and
returned after the vote was taken.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. CDC/2005-5 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Abstentions: Council Member/Commissioner
McCammack. Absent: None.
R20. Close joint public hearing - Disposition and Development Agreement
between the Redevelopment Agency of the City of San Bernardino and
Senior Housing Advocate Corporation (194 E. 11' Street - Affordable
Housing Project.) (Item was heard on January 24, 2005, Item No. R24.)
The hearing remained open.
16 02/07/2005
City Attorney Penman advised that an amendment needed to be made to the
recommended motion and suggested additional language to the Council.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the Mayor and Common Council
and Community Development Commission close the hearing and ratify all
actions previously taken on January 24, 2005.
Council Member/Commissioner McGinnis stated he would abstain since he did
not attend the meeting of January 24.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, Derry, Kelley, Johnson, McCammack.
Nays: None. Abstentions: Council Member/Commissioner McGinnis.
Absent: None.
21. Public Comments
Parrish Highley, 26127 Edgemont Drive, Highland, CA, requested that the
Mayor and Council adopt a formal resolution opposing any further fee to trust
transfers of the San Manuel Band of Mission Indians. He explained that this
would mean that the Tribe can continue to purchase all the land, buildings, and
homes they want, but they would remain within the City's tax base. He
distributed several letters of supporting evidence for his request.
Reverend Betty Long, 734 West 10' Street, San Bernardino, CA, spoke
regarding the problems of potholes and tree roots that are pushing up the
sidewalks, especially as these conditions affect those individuals using
wheelchairs.
22. Adjournment
At 4:52 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for 1:30 p.m., Tuesday, February 22, 2005, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 22
No. of Hours: 3.25
RACHEL G. CLARK
City Clerk p
By: .
Linda E. Hartzel
Deputy City Clerk
17 02/07/2005