HomeMy WebLinkAbout08-15-2005 Minutesi
Mayor Judith Valles
CITY OF SAN BERNARDINO Council t[ Members:
Esther Estrada
300 N. "D " Street Susan Longville
San Bernardino, CA 92418 Gordon McGinnis
Neil Derry
Website: www.sbcity.org Chas Kelley
Rikke Van Johnson
Wendy McCammack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
AUGUST 15, 2005
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by Mayor Pro
Tem/Acting Chairman McCammack at 1:41 p.m., Monday, August 15, 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 Pro
Tem/Acting Chairman McCammack; Council Members/Commissioners Estrada,
McGinnis, Derry, Kelley, Johnson, McCammack; Senior Assistant City Attorney
Milligan, City Clerk Clark, City Administrator Wilson. Absent: Mayor/Chairman
Valles, Council Member/Commissioner Longville.
Council Member/Commissioner Longville Arrived
At 2:15 p.m., Council Member/Commissioner Longville 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):
Mohammed Fawzi Hassan, et al. v. City of San Bernardino, et al. - United
States District Court Case No. EDCV 05-328 VAP (SGLx);
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Jennifer Vasquez v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 119021.
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.
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. San Bernardino Unified School District
855 Hope Street (APN 0280-181-15)
Vacant Lot (APN 0280-181-16)
895 Hope Street (APN 0280-181-14)
834 Cleavenger Street (APN 0280-181-44)
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
Employee Organization:
San Bernardino City Professional Firefighters
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1. Proper : 247 West 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
3. Property: Joint Use Multipurpose Room/Gymnasium at the
Cesar Chavez Middle School, 6650 Magnolia
Court, San Bernardino, California
Negotiating Parties: Marianne Milligan, City Attorney's Office, and
Teri Baker, City Administrator's Office, for the
City of San Bernardino, licensee; Wael Elatar,
Facilities Administrator, San Bernardino City
Unified School District, as property owner
Under Negotiation: Terms and conditions
Central City North Redevelopment Project Area
4. Pro 745 West 5' Street
APN 0134-093-05 and APN 0134-093-06
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
5. Property: 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
6. Pro 740 West 4' Street
APN 0134-093-19, 20, and 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
7. Pro 723-739 West 5' Street
APN 0134-093-07
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Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of
the Redevelopment Agency, and Walter L. B.
Ammons, property owner(s)
Under Negotiation: Purchase price, terms and conditions
8. Property: 708, 720 West 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
9. Property: 570 West 4' Street
APN 0134-131-019, 020, 021, 022, 023 and 024
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of
the Redevelopment Agency, property owner(s),
and Frank Rizzi, purchaser
Under Negotiation: Purchase price, terms and conditions
Senior Assistant City Attorney Milligan announced that the following additional
items would be discussed in closed session under Agenda Item 1A, Existing
Litigation:
et al. v. Valerie Pone -Ludlam, et al. - San Bernardino
Legal issues relating to Agenda Item No. 27.
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
and Community Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Major Russell Fritz of the Salvation Army, followed by the
pledge of allegiance, led by Council Member/Commissioner Longville.
2. Appointments
There were no commission appointments.
3. Presentations
Council Member/Commissioner Johnson presented certificates of recognition to
members of Team Inland of San Bernardino, winner of the National AAU
Basketball Championship for ages 11 and under.
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A resolution acknowledging the Rotary Breakfast Club of San Bernardino, the
Wallis Jones Foundation, and the Blair Park Neighborhood Cluster Youth
Association, for their outstanding support of the Center for Individual Development
(C.I.D.) and Parks, Recreation & Community Services Department programs, was
accepted by Shab El-Awar, Assistant Governor for Rotary District 5330, and
Tracylyn Sharrit, Director of Community Services for the Rotary Breakfast Club.
Olivia Partida, President of the Women of Achievement Committee, announced
that the winners of the 2005 Women of Achievement Scholarship Competition were
Peggi Hazlett, Assistant to the Mayor, and Kristina Hernandez, Customer Services
Representative for the Water Department.
Council Member/Commissioner Longville announced that Manuel Alberto Aybar
was selected as one of three American conductors to conduct and perform at the
Royal College of Music in London during the week of August 1-5, 2005. She
stated that over the summer she had sent letters to people in the arts and
development communities and community institutions requesting donations to help
Manuel with the costs associated with his trip. On behalf of the people of the City
of San Bernardino, Ms. Longville presented Manuel with checks totaling $1,365.
Mr. Aybar thanked everyone for their generous contributions. He stated that
representing San Bernardino and being the only Californian in London was a
wonderful experience. He added that he loves to conduct and he hopes to share his
gifts and talents with the people of San Bernardino as often as possible.
Wallace Green, Assistant to the Mayor/EEO Officer, read the names of the
following individuals who were presented a service pin award by Mayor Pro
Tem/Acting Chairman McCammack in recognition of their many years of
dedicated service to the City:
Name
Department
Years of Service
Jesse Balderama
Code Compliance
20
Deborah Morrow
Finance (Purchasing)
20
Kim Burgett
Parks, Recreation & Community
25
Services
Jeffrey Breiten
Police
25
Jackie Rodriguez
Police
5
Susan Salbato
Police
5
Christina Sanchez
Police
5
Donald Soderbloom
Police
25
Kathryn Thompson
Police
5
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4.
5.
7
A
Announcements
Announcements were made by the Mayor Pro Tem, members of the Common
Council, elected officials, and a representative of the Chamber of Commerce
regarding various civic and community events and activities.
Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that full reading of the resolutions and
ordinances on the regular and supplemental agendas 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.
Council Minutes
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the minutes of the following meeting of the
Mayor and Common Council/Community Development Commission of the City of
San Bernardino be approved as submitted in typewritten form: July 5, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
Claims & Payroll
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the claims and payroll and the authorization
to issue warrants as listed on the memorandum dated August 3, 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.
Personnel Actions
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the personnel actions, as submitted by the
Chief Examiner, dated August 10, 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.
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The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9. RES. 2005-284 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor to execute an Amendment to the
Services Agreement with R3 Consulting Group, Inc., for assistance concerning
commercial refuse services provided by franchised refuse haulers.
Council Member/Commissioner Longville stated that she did not understand how
this agreement exceeded the maximum of $58,070 by $30,000 without ever coming
back to the City Council and with not one word about why significant progress had
evolved requiring additional work by the consultant.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McGinnis, that this item be continued for two weeks so she
could get some answers. (Note: No vote was taken at this time.)
City Administrator Wilson replied by stating that it had to do with the initial intent
behind the consultant's project which was to look at outsourcing some of the new
commercial growth. He stated that during the course of the past year and through
the efforts of the Budget Committee, they began to look at other ways to help
address the City's budget situation. One of the ideas they came up with was to
franchise the roll -off operation, so they used the excess capacity in the existing
contract and asked the consultant to explore roll -off operation services. Mr.
Wilson stated that it was their intent that the successful bidder would have paid the
lion's share of the consultant's contracts, and the goal was to have it all wrapped
up at one time, but since they were not able to do that, they were forced to bring
this item back for the Council's approval. He added that it should have been a no -
cost proposal, but because it didn't accomplish their initial goals, they decided not
to proceed.
Council Member/Commissioner Longville made a substitute motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted; and that
the Director of Finance be authorized to amend the FY 2005/06 budget as indicated
in the staff report dated July 28, 2005, from Fred Wilson, City Administrator.
The motion carried and Resolution No. 2005-284 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
10. RES. 2005-276 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the destruction of certain records no longer
required to be maintained by the San Bernardino City Attorney's Office.
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Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-276 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11. 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 Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, 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.
12. ORD. MC-1212 - An Ordinance of the City of San Bernardino modifying
Chapter 19.20 (Property Development Standards), Section 19.20.030(8), Table
20.01 of the San Bernardino Municipal Code (Development Code) related to
heights of fences for schools (established prior to November 1, 2004) in
Residential Land Use Districts. FINAL READING
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said ordinance be adopted.
Ordinance No. MC-1212 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13. Resolution of the City of San Bernardino directing and authorizing the
execution of a Sales and Purchase agreement and the execution of a grant deed
for the sale of City property generally located on the southeast corner of Mac
Kay Drive and "D" Street in the City of San Bernardino.
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the matter be tabled.
8 08/15/2005
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14. RES. 2005-277 — Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to David T. Wasden, Inc., for the
replacement of sewer manholes at various locations in the City of San
Bernardino (SW05-08) per Project Plan No. 11341.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the Director of Finance be authorized to
allocate $128,300 from Sewer Maintenance Funds balance to Account No. 132-
431-5505-7472 for replacement of sewer manholes at various locations (SW05-08)
per Plan No. 11341; that the Director of Finance be authorized to unallocate the
$128,300 in Account No. 245-365-5504-7472 "Manhole Replacement/Upgrade" to
City standard (SW05-08) and return it to the Sewer Line Construction Fund
balance; and that said resolution be adopted.
The motion carried and Resolution No. 2005-277 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
15. RES. 2005-278 — Resolution of the Mayor and Common Council of the City of
San Bernardino approving Standard Form of Agreement for Subdivision Tract
No. 16509-2 (Lots 32 through 59) located on the west side of Northpark
Boulevard between University Parkway and the Devil Creek Flood Control
Channel with Richmond American Homes of California, Inc., with time of
performance specified, and authorizing release of University Park, LLC from
terms of Standard Form of Agreement for Subdivision Tract No. 16509-2 (Lots
32 through 59) as approved by Resolution No. 2005-114 dated May 16, 2005.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-278 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16. Authorize the Director of Development Services to execute Contract Change
Order No. Three to contract with David T. Wasden, Inc. for 9`h Street Storm
Drain Improvements from Waterman Avenue to East Twin Creek Channel per
Plan No. 10676 and authorize the Director of Finance to amend the FY
2005/06 Budget
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Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Derry, that the Director of Finance be authorized to amend
the FY 2005/2006 budget by transferring $40,000 from Account No. 248-368-
5504-7316, "SD04-08 State Street Storm Drain" to Account No. 248-368-5504-
7429, "9`h Street Storm Drain from Waterman Avenue to East Twin Creek (SD04-
12)"; and that the Director of Development Services be authorized to execute
Change Order No. Three to contract with David T. Wasden, Inc. for 9' Street
Storm Drain Improvements from Waterman Avenue to East Twin Creek Channel,
per Plan No. 10676 for $12,806.01.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17. Authorize the Director of Development Services to execute Change Order No.
Two to contract with Elite Bobcat Service, Inc. for Tippecanoe Avenue
Widening (Phase III) and Harriman Place (Phase III), per Plan No. 10373B
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the Director of Development Services be
authorized to execute Change Order No. Two in the amount of $29,265.37 to
contract with Elite Bobcat Services, Inc. for Tippecanoe Avenue Widening (Phase
III) and Harriman Place (Phase III), per Plan No. 10373B.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. Authorize payment to Willdan Associates for engineering plan checking
services from Fiscal Year 2004/05 Contractual Services (Account No. 001-190-
5502)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the Director of Finance be authorized to
pay Willdan Associates $29,097.50 from available funds in FY 2004/05 contractual
services, Account No. 001-190-5502.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. RES. 2005-279 — Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the San Bernardino City Fire Department to enter
into an Agreement with the Office of San Bernardino County Superintendent
of Schools Regional Occupational Program to provide mentoring services from
July 1, 2005 through June 30, 2010.
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Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-279 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20. RES. 2005-280 — Resolution of the City of San Bernardino amending
Resolution No. 2000-264 relating to implementing provisions of Internal
Revenue Code Section 414(h)(2) and authorizing a pre-tax payroll deduction
plan for service credit purchases.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-280 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21. RES. 2005-281 — Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor or her designee to execute Amendment
No. 3 to Contract 02-1166 with the County of San Bernardino to provide youth
mentoring services for the period of July 1, 2005 through June 30, 2006.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-281 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. RES. 2005-282 — Resolution ratifying the submittal of a grant application to
administer a program continuation grant from the Corporation for National
and Community Service (CNCS) in the amount of $57,658 to continue the
administration and operation of the Retired and Senior Volunteer Program
(RSVP) for the period October 1, 2005 through September 30, 2006.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-282 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
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23. RES. 2005-283 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the destruction of certain City records of the Parks,
Recreation and Community Services Department.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-283 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
24. RES. 2005-285 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Memorandum of Understanding
(MOU) for the San Bernardino Police Department to participate as a member
of the California Department of Justice Bureau of Narcotic Enforcement
Inland Crackdown Allied (INCA) Task Force.
Council Member/Commissioner McCammack stated that the Justice Department
had asked the Police Department to participate in a task force to operate within the
Inland Empire region and that one officer from the Narcotics Unit would be
assigned to this Inland Crackdown Allied Task Force to enhance drug enforcement
efforts in the San Bernardino area. She added that the trafficking of narcotics and
dangerous drugs as well as other associated illegal activity has a substantial
detrimental effect on the health and general welfare of the community. Ms.
McCammack stated that she believed they started this action for very important
reasons, the most important reason being something that came up recently in an
article in the Los Angeles Times, and it was the connection between drug
trafficking and the murder rate. She stated that during the budget hearings she had
asked Chief Zimmon for crime statistics for the City because she kept hearing from
residents that they didn't believe crime statistics were down.
Ms. McCammack indicated that in the LA Times article dated August 9, 2005, it
stated that according to an FBI Uniform Crime Report for calendar year 2004, San
Bernardino is listed as No. 2 in the State and No. 13 in the nation for murder. She
stated that that was just further evidence of what she was trying to explain to the
Mayor and Council when they were trying to garner as much support as they could
get to include as many additional officers as they thought the City could afford and
as many as the community absolutely needed. According to Police Administration,
the information that has been given to the public is that crime is down. Ms.
McCammack stated that if the City is in fact experiencing lower crime rates, she
was confused as to why the FBI would report that the murder rate was out -of -
control, and that the out -of -control drug trafficking issue in the City is a prime
factor in the murder rate. She stated that obviously whatever is being done to curb
the drug trafficking issue in this City is not working, and she felt the Police
Department needed to stop painting a Pollyanna picture and recognize the
seriousness of the crime in this City. Ms. McCammack stated that articles like this
12 08/15/2005
one in the LA Times are very harmful to the City's image, and if we stick our
heads in the sand in denial of this problem, it will only get worse.
Chief Zimmon responded by stating that he had not heard all of the comments
made by Council Member/Commissioner McCammack—he came in at the end of
her presentation when there was some discussion about an LA Times article that he
was not familiar with. Chief Zimmon stated that his only comment was that he did
not think the Police Department has ever indicated that the City does not have a
crime problem. He stated that crime is not just a Police responsibility —it is the
entire City's responsibility.
Chief Zimmon stated that he saw a decrease in crime last year and has also seen a
decrease this year. He stated that he has seen an increase in homicides in the City,
but there are many factors to a homicide. Some homicides are neighbor disputes,
family disputes, and baby shakings, and they have very little effect on those types
of homicides. In gang or narcotic violence homicides, they put into place their
tactical action plans and violence protocols and they try to do everything they can
to keep them from occurring. He added that gang and narcotic homicides were
down from last year. Chief Zimmon stated that he does not take crime lightly and
one of the reasons they get involved in these task forces is because it brings
additional resources to the City. He stated that they also have two full time FBI
agents who have been assigned to the City who are helping with Federal
investigations, and he has seen gang crime go way down on the west side of the
City because the FBI is there. Chief Zimmon stated that he feels they have done
some phenomenal things in the City and he has seen some positive results such as
implementation of the beat plan to keep the same officers in the same communities.
Council Member/Commissioner Estrada asked the Chief to read and respond to the
article. She stated that they hired Mr. Zimmon and not some reporter from the LA
Times to be the Police Chief.
Council Member/Commissioner McCammack stated that she had put this
information in a memo back in October 2004, but she has yet to receive a
response.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-285 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
25. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the San Bernardino Employment and Training Agency
("SBETA") to enter into a lease with Arrowhead Professional Center, L.P.,
for premises located at 600 N. Arrowhead Avenue, Suite 300, San Bernardino.
13 08/15/2005
Council Member/Commissioner McCammack stated that she felt the City could
have provided the space needed for SBETA for a lot less money. She stated that
the backup didn't provide her with any information as to what other locations were
considered or whether the City or EDA owns any buildings that could be used.
City Administrator Wilson suggested continuing this item for two weeks to give
them an opportunity to meet with EDA staff and explore this in more detail.
Ernest Dowdy, Executive Director of SBETA, stated that they should consider the
most feasible, economical deal for the community; however, he advised that they
would have to move as quickly as possible in order to stay in compliance with State
requirements.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McGinnis, that the matter be continued to the
Council/Commission meeting of September 6, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26. Authorization to proceed with the annexation of an island of unincorporated
territory generally located north of Highland Avenue, east of Golden Avenue
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services be
authorized to initiate proceedings for the annexation of an island of unincorporated
territory generally located north of Highland Avenue, east of Golden Avenue.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
27. RES. 2005-286 - Resolution of the Mayor and Common Council of the City of
San Bernardino repealing Resolution No. 99-86 and establishing standard
criteria for Towing Carriers to provide tow services for the City of San
Bernardino.
Senior Assistant City Attorney Milligan advised that a correction had been made in
the second to the last sentence of the last paragraph on page 2 of the staff report
and she read the following into the record: "The Police Ad Hoc Committee made
a recommendation to grandfather the interim carriers. If this resolution is adopted,
all six rotations will be held by current tow carriers, both permanent and interim."
14 08/15/2005
Michael McGovern, representing Wilson and Big Z Towing, San Bernardino, CA,
stated that they looked forward to continuing to provide services to the City under
the terms of the new agreement.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted, to include the
grandfathering provision which would grandfather in the three permanent tow
carriers currently on rotation and the three interim tow carriers currently on
rotation.
The motion carried and Resolution No. 2005-286 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
28. Authorization for the Director of Finance to exchange FY 2004/2005 AB 2928
Funds for FY 2004/2005 Gas Tax Funds for three -pavement rehabilitation
projects (Continued from August 1, 2005)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council authorize
the Director of Finance to exchange $146,888 in FY 2004/2005 AB 2928 Funds
for FY 2004/2005 Gas Tax Funds for three -pavement rehabilitation projects.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
29. RES. 2005-287 - Resolution of the Mayor and Common Council of the City of
San Bernardino adopting the 2005/2006 through 2009/2010 Capital
Improvement Program. (Continued from August 1, 2005)
Senior Assistant City Attorney Calkins stated that because of potential conflicts of
interest of several Council Members the procedure to be utilized to adopt the
Capital Improvement Program (CIP) would occur by way of three independent
motions. He stated that the first motion would be a general motion approving all
Capital Improvement Projects other than those where conflicts began to arise.
Mr. Calkins stated that Council Member/Commissioner Estrada would take over
the duties of Mayor Pro Tern during the second motion to consider all Capital
Improvement Projects except those for which Mayor Pro Tem McCammack, the
Mayor, and Council Member/Commissioner McGinnis had conflicts.
Lastly, Mr. Calkins stated that the third motion would consider those items that are
a conflict with Council Members/Commissioners Longville and Johnson. He
advised that City Attorney Penman had a conflict with Capital Improvement Project
SS 06-71; therefore, the first motion would be handled by Special Counsel Sabo.
15 08/15/2005
V
Council Member/Commissioner Johnson stated that he was concerned that there
was no plan in place to rehabilitate the City's residential streets.
City Administrator Wilson stated that the City would have to spend probably $40-
$50 million, and he added that the Council made a big commitment by funding a
$10 million infrastructure loan to begin to address the problem. He stated that
because of limited dollars, the City was going to be hard pressed to pay as much as
it could with only $3-$4 million per year. Mr. Wilson added that the City
currently has a Pavement Management System in place that lays out the priorities
and he felt that through their efforts and by working with the Council Members,
they will do the best they can.
Council Member/Commissioner Kelley stated that he supported rebuilding the
streets in the inner part of the City, but he stated that staff needs to recognize and
understand the need to take proactive measures to rejuvenate streets that are not
quite as old so they don't end up with a City-wide problem.
Council Member/Commissioner Estrada stated that unless the taxpayers of this City
were willing to take some of the responsibility and put more money in the pot, the
City would continue to patch its streets and do the best it can with the resources it
has.
Council Member/Commissioner Derry stated that he blamed Sacramento for
diverting gas tax dollars away from transportation projects on both freeways and
local communities to pay for other projects in Sacramento to make themselves look
good.
Council Member/Commissioner McCammack stated that the State infrastructure
bank loan that had been mentioned was a very low interest loan the City has had to
rely on in order to get projects through the system quicker, otherwise the streets
would be more deteriorated than they are.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution and Exhibit A be adopted; and
that the Director of Finance be authorized to amend the FY 2005/2006 budget to
incorporate the completed FY 2005/2006 Capital Improvement Program (CIP) into
the Final FY 2005/2006 budget as documented on the spreadsheets attached to the
staff report dated July 25, 2005, from James Funk, Director of Development
Services.
The motion carried and Resolution No. 2005-287, including Exhibit A, was
adopted by the following vote: Ayes: Council Members/Commissioners Estrada,
Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: None.
Council Members/Commissioners McGinnis and McCammack left the Council
Chambers and returned after the next vote was taken.
16 08/15/2005
Council Member/Commissioner Estrada assumed the duties of Mayor Pro Tem.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution and Exhibit B be adopted.
The motion carried and Resolution No. 2005-287, including Exhibit B, was
adopted by the following vote: Ayes: Council Members/Commissioners Estrada,
Longville, Derry, Kelley, Johnson. Nays: None. Abstentions: Council
Members/Commissioners McGinnis, McCammack. Absent: None.
Council Members/Commissioners McGinnis and McCammack returned.
Council Members/Commissioners Longville and Johnson left the Council
Chambers and returned after the next vote was taken.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Derry, that said resolution and Exhibit C be adopted.
The motion carried and Resolution No. 2005-287, including Exhibit C, was
adopted by the following vote: Ayes: Council Members/Commissioners Estrada,
McGinnis, Derry, Kelley, McCammack. Nays: None. Abstentions: Council
Members/Commissioners Longville, Johnson. Absent: None.
30. RES. 2005-288 - Resolution of the City of San Bernardino adopting the Five-
year Capital Improvement Program (2005-2010) for Measure "I" local
expenditures. (Continued from August 1, 2005)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2005-288 was adopted 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 Pro Tem/Acting Chairman McCammack; Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; Senior Assistant
City Attorney Milligan, Economic Development Agency Deputy Director Pacheco,
Deputy City Clerk Hartzel. Absent: None.
R31. Public hearing - 2005 Disposition and Development Agreement with Watson-
Westridge, LLC - 143.72-acre residential development located north of
Foothill Drive and east of Sterling Avenue (Continued from August 1, 2005)
17 08/15/2005
RES. 2005-290 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving that certain Purchase and Sale Agreement by and
between the City of San Bernardino ("City") and the Redevelopment Agency
of the City of San Bernardino ("Agency") relating to the sale of City property
located north of Foothill Drive, east of Sterling Avenue (135.6 acres AN 0155-
361-25) in the City of San Bernardino. (R31A)
RES. 2005-291 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the 2005 Disposition and Development Agreement
("DDA") by and between the Redevelopment Agency of the City of San
Bernardino ("Agency") and Watson-Westridge, LLC ("Developer") (City and
Agency property located north of Foothill Drive, east of Sterling Avenue (AP#
0155-361-25, 0155-381-11 & 45 - 143.72 acres in the City of San Bernardino)
("Property") and making certain findings thereto related to the development
of the property. (R31B)
RES. CDC/2005-25 - Resolution of the Community Development Commission
of the City of San Bernardino approving that certain Purchase and Sale
agreement by and between the City of San Bernardino ("City") and the
Redevelopment Agency of the City of San Bernardino ("Agency") relating to
the sale of City property located north of Foothill Drive, east of Sterling
Avenue (135.6 acres: AP# 0155-361-25) in the City of San Bernardino.
(R31C)
RES. CDC/2005-26 - Resolution of the Community Development Commission
of the City of San Bernardino approving the 2005 Disposition and
Development Agreement ("DDA") by and between the Redevelopment Agency
of the City of San Bernardino ("Agency") and Watson-Westridge, LLC
("Developer") and authorizing the Agency Executive Director to execute said
DDA relating to the sale and development of certain City and Agency property
located north of Foothill Drive, east of Sterling Avenue (AP# 0155-361-25,
0155-381-11 & 45 - 143.72 acres in the City of San Bernardino) ("Property")
and making certain findings thereto related to the development of the
property. (R31D)
Mayor Pro Tem/Acting Chairman McCammack opened the hearing.
Maggie Pacheco, Economic Development Agency Deputy Director, provided
highlights of the staff report.
Council Member/Commissioner McCammack inquired as to what the City paid for
the land.
Bernard Kersey, Water Department General Manager, stated that the property was
actually an exchange of land with the U.S. Forest Service that took place in 1974
18 08/15/2005
F
for a parcel called Lost Lake and a portion of property in Devil Canyon. He stated
that there was no monetary value and he thought the exchange value was $17,000.
Ms. Pacheco responded by stating that the Agency bought the land back in
1991/1992 for the purchase price of $330,820.
Ms. McCammack asked why the appraisal was so low in terms of the price per
square foot compared to other land that had been selling in the City.
Ms. Pacheco stated that the property was previously appraised in 2003 for
approximately $200,000 and currently it was appraised at $368,000.
Mr. Kersey stated that the appraisal value on the 136 acres on the City's side, was
based on comps, but there was a deduction of value because of the significant costs
associated with bringing water to the property.
Council Member/Commissioner Derry stated that originally 107 homes were
scheduled to be on this property, but due to the extensive surveys done by the
developer, it was reduced down to 77 homes because of fault lines and other issues
natural for the area.
No public comments were received.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Kelley, that the hearing be closed; and that said resolutions
A-D, be adopted.
The motion carried and Mayor and Common Council Resolution Nos. 2005-290
and 2005-291 and Community Development Commission Resolution Nos.
CDC/2005-25 and CDC/2005-26 were adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
R32. RES. CDC/2005-27 — Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Executive
Director to execute Amendment No. 1 to the Theatrical Arts International
Operation and Management Agreement for the California Theatre ("2005
Agreement).
Senior Assistant City Attorney Milligan stated that she had a correction to page 2
of the staff report where it indicated that the City Attorney directed staff to seek
competitive proposals. She stated that the City Attorney's Office does not have the
authority to direct staff to seek competitive proposals and certainly did not do so in
this case. Ms. Milligan stated that the City Attorney's Office did advise EDA staff
that pursuant to EDA's own policies and procedures regarding purchasing, EDA
must go out to bid for any purchases over $25,000.
19 08/15/2005
r
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. CDC/2005-27 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
R33. RES. CDC/2005-28 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Executive
Director of the Redevelopment Agency of the City of San Bernardino
("Agency") to (1) execute a Redevelopment Project Study and Redevelopment
Assistance Agreement by and between the Agency and HSB I-215, L.P., SE I-
215, L.P. (collectively referred to as "Hillwood"); (2) execute Amendment No.
2 to the Terra Nova Planning and Research, Inc. Agreement, as subsequently
amended; and (3) authorize the Executive Director to prepare and submit a
$2,000,000 grant application to the Economic Development Administration
(EDA) related to improvements to the University Parkway I-215 Freeway
interchange (former Culligan site and Agency property - State College
Redevelopment Project Area).
Council Member/Commissioner Kelley wanted to clarify that the $2 million grant
application for the improvements of University Parkway would go towards the fly-
over that staff was working on.
Ms. Pacheco stated that that was one of the intents; however, she heard that there
was a transportation bill that contemplates a series of dollars allocated to the City
to be used for this particular project. She stated that if that were to materialize,
there would be no need to apply for the EDA grant.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. CDC/2005-28 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
R34. Ramona Senior Complex, Inc. and Highland Lutheran Senior Housing, Inc. -
2005 HOME Grant Agreements
Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency") to execute
the 2005 HOME Grant Agreement by and between the Agency and Ramona
Senior Complex, Inc., a non-profit corporation - 1519 West 8' Street.
(R34A)
20 08/15/2005
Staff requested a two -week continuance on Item No. R34A.
Council Member/Commissioner Estrada stated that she would be abstaining on
Item R34A due to the appearance of a conflict.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McGinnis, that said Resolution A be continued to the
Council/Commission meeting of September 6, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Longville, McGinnis, Derry, Kelley, Johnson, McCammack.
Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent:
None.
RES. CDC/2005-29 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Executive
Director of the Redevelopment Agency of the City of San Bernardino
("Agency") to execute the 2005 HOME Grant Agreement by and between the
Agency and Highland Lutheran Senior Housing, Inc., a non-profit corporation
- 2355 North Osbun Road (IVDA Redevelopment Project Area). (R34B)
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution B, be adopted.
Resolution No. CDC/2005-29 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
35. Public Comments
Herbert E. Blair, 3049 N. "F" Street, San Bernardino, CA, requested the
Council's assistance in erecting a monument in Blair Park in honor of George C.
Blair who was the Mayor of the City of San Bernardino from 1951 through 1955.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the
possible closure of Frank's Meats by the USDA, and asked for the Council's
support.
S1. RES. 2005-289 - Resolution of the Mayor and Common Council of the City of
San Bernardino amending Professional Services Agreement between Richards,
Watson & Gershon and the City of San Bernardino regarding representation
related to cable franchise transfers to Time Warner Cable.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
21 08/15/2005
t
Resolution No. 2005-289 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
36. Adjournment
At 5:52 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, September 6, 2005, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
No. of Items: 37
No. of Hours: 4
RACHEL G. CLARK
City Clerk
B/
Linda Sutherland
Deputy City Clerk
22 08/15/2005