HomeMy WebLinkAbout06-Council Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Gordon McGinnis
Neil Derry
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
JULY 10, 2006
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/Chairman Morris at 1:32 p.m., Monday, July 10, 2006, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Ron Can
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Morris; Council Members/Commissioners Baxter, McGinnis, Derry,
Johnson, McCarnmack; City Attorney Penman, City Clerk Clark, City Manager
Wilson. Absent: Council Members/Commissioners Estrada, Kelley.
Council Member/Commissioner Keney Arrived
At 1:50 p.m., Council Member/Commissioner Kelley arrived at the Council/
Commission meeting.
Council Member/Commissioner Estrada Arrived
At 2:35 p.m., Council Member/Commissioner Estrada arrived at the Council/
Commission meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a):
07/1012006
Tom Gronewald, et al v. City of San Bernardino, et aI. - San Bernardino
Superior Court Case No. SCVSS 114589;
City of San Bernardino, et aI. v. Valerie Pope-Ludlam, et aI. - San
Bernardino Superior Court Case No. SCVSS 108965;
Dion and Tina Graham v. City of San Bernardino, et aI. - San
Bernardino Superior Court Case No. SCVSS 130968.
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:
Utility User's Tax - Update
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 :
Contract Extension
City Manager
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 Organizations:
San Bernardino Police Officers Association
Mid-Management
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Central City North Redevelopment Project Area
1. Property Address: 448-450 North "G" Street, San Bernardino
APN: 0134-093-11 and 44
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0711 0/2006
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Protea Hotel, Inc., property
owner/seller
Under Negotiation: Purchase price, terms, and conditions
2. Property Address: 723-739 West 5111 Street, San Bernardino
APN: 0134-093-07
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Walter L. B. Ammons, property
owner/seller
Under Negotiation: Purchase price, terms, and conditions
3. Property Address: 770 West 5111 Street, San Bernardino
APN 0134-054-26
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Raul M. Najera and Catalina A.
Barrera Cantorna, property owners/sellers
Under Negotiation: Purchase, price, terms and conditions
4. Property Address: 746 West 5111 Street, San Bernardino
APN: 0134-054-07, 08 and 09
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Major Fritz on behalf of the
Salvation Army, property owner
Under Negotiation: Purchase price, terms, and conditions
5. Property Address: 696 West 5111 Street, San Bernardino
APN: 0134-061-21, 22, 25 and 30
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Christopher Ko, Henry Ko, and
Bruce Ko, property owners/sellers
Under Negotiation: Purchase price, terms and conditions
6. Property Address: 755 West 5111 Street, San Bernardino
APN: 0134-093-40
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07/10/2006
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Premila Patel, Dashrath Patel
and Sweta Patel, property owners/sellers
Under Negotiation: Purchase price, terms, and conditions
7. Property Address: 795 West 5th Street, San Bernardino
APN: 0134-093-41
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Tien Lee International Limited
Corp., Ha-Ram, Inc., and Fu San Limited,
Inc., property owners/sellers
Under Negotiation: Purchase price, terms, and conditions
Uptown Redevelopment Project Area
8.
Property Address:
1108 West 2"d Street, San Bernardino
APN: 0138-301-07
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Marlene Belichefsky as Trustee,
Belichefsky Children Family Trust,
property owner/seller
Under Negotiation: Purchase price, terms, and conditions
IVDA Redevelopment Project Area
9. Property Address: 2176 Dumbarton Avenue, San Bernardino
APN: 1191-021-59
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Daniel Garcia, property owner/
seller
Under Negotiation: Purchase price, terms, and conditions
10. Property Address: 2195 McKinley Avenue, San Bernardino
APN: 1191-021-61
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07/1 012006
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
Buyer, and Sonia Ortiz, property owner!
seller
Under Negotiation: Purchase price, terms, and conditions
11. Property Address: 2194 N. McKinley Ave., San Bernardino
APN: 1191-021-29
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Dion and Tina Graham,
property owners! sellers
Under Negotiation: Purchase price, terms, and conditions
IVDA Redevelopment Project Area (North Arden Guthrie
Nei2hborhood)
12. Properties and Negotiating Parties:
Maggie Pacheco, Executive Director on behalf of the
Redevelopment Agency, as Buyer and Ramon and Maria G.
Hernandez - 2140 N. Arden Avenue (APN: 1191-021-43); Lou
Cannon - 2104 N. Arden Avenue (APN: 1191-021-41); Luu
Quang Phuoc - 2094 N. Arden Avenue (APN: 1191-021-40);
Humberto Velasquez and Delmy A. Ayala - 2072 N. Arden
Avenue (APN: 1191-021-39); Larry Sr. and Andrea Estrada -
2050 N. Arden Avenue (APN: 1191-021-38); Aaron L. Edwards
- 2028 and 2004 N. Arden Avenue (APN: 1191-041-26 and 25);
Gloria Fimbres - 2123 N. Dumbarton Avenue (APN: 1191-021-
47); Ody Ents - 2005 N. Dumbarton Avenue (APN: 1191-041-
28); Gloria Leynes - 2159 N. Dumbarton Avenue (APN: 1191-
021-45); Robert Moreno - 2140 N. Dumbarton Avenue (APN:
1191-021-57); Don Friedman - 2122 N. Dumbarton Avenue
(APN: 1191-021-56); Sabraj Nijjar - 2123 and 2141 N. McKinley
Avenue (APN: 1191-021-65 and 64); Miguel Flores - 2005 N.
McKinley Avenue (APN: 1191-041-32); Fidelity National Title
Insurance!Ince Co. - 2105 McKinley Avenue (APN: 1191-021-
66); Pedro Uriostegue - 2158 N. McKinley Avenue (APN: 1191-
021-31); Alfonso A. and Teresa E. Hernandez - 2004 N.
McKinley Avenue (APN: 1191-041-22); Silverio and Virginia
Vizcaino - 2195 N. Newcomb Street (APN: 1191-021-28);
Ernique and Maria Cachua - 2051 N. Newcomb Street (APN:
1191-021-20); Phuong Doan - 2005 N. Newcomb Street (APN:
1191-041-19); and Clayton & Virginia Kautzman - 2194 N.
Newcomb Street (APN: 1191-021-11), as property owners
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07/10/2006
Under Ne~otiation: Purchase price, terms, and conditions
City Attorney Pernnan announced that the following case would be discussed in
closed session under Agenda Item No. lA, Existing Litigation:
Michael Desrochers v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 139150.
Under Agenda Item No. IB, Significant Exposure to Litigation, Agenda Item
No. 13.
Closed Session Announcement
Mayor/Chairman Morris announced that in closed session the Mayor and Common
Council had discussed the extension of the contract with City Manager, Fred Wilson.
A motion was made by Council Member/Commissioner Johnson, seconded by Council
Member/Commissioner McGinnis, to approve the extension of Mr. Wilson's contract
in the terms as described in the Fourth Amendment to Employment Agreement between
Fred Wilson and the City of San Bernardino, commencing on July 10, 2006, and
terminating on June 7, 2010.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCamrnack. Nays: None.
Absent: None.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Moment of Silence
Mayor/Chairman Morris expressed condolences to the family and requested a moment
of silence in memory of longtime City resident and businessman, Mickey Braviroff,
who owned and operated Braviroff's Piano and Music Store for more than 20 years.
Mr. Braviroff was a founding member of San Bernardino Rotary North and San
Bernardino Rotary Breakfast Club, and he was a lifelong member of Congregation
Emanu El.
Invocation/Pledge of Allegiance
The invocation was given by Ernest Dowdy, Executive Director of the San Bernardino
Employment and Training Agency (SBET A), followed by the pledge of allegiance, led
by Councilman Derry.
2. Appointment - Frank Schnetz - Civil Service Board -- Mayor Morris
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that the appointment of Frank Schuetz to the
Civil Service Board, as requested by Mayor Morris, be approved.
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07/10/2006
The motion carried by the following vote:
Commissioners Estrada, Baxter, McGinnis,
McCammack. Nays: None. Absent: None.
Ayes:
Derry ,
Council Membersl
Kelley, Johnson,
3. Presentations & Proclamations
On behalf of the California State Assembly, Assemblyman Joe Baca, Jr.
presented the Mayor and City Council with a framed version of the signed
legislation and the article provided by the San Bernardino County Sun regarding
the passage of Assembly Bill 1497 that will allow a park and school to be built
in the City of San Bernardino.
A proclamation designating the month of July 2006 as Parks, Recreation and
Community Services month was accepted by Lemuel Randolph, Director of
Parks, Recreation and Community Services.
Mayor's Assistant Peggi Hazlett announced that the recipient of the First
Quarter 2006 Customer Service A ward was Dodie Otterbein, Records
Management Coordinator in the City Clerk's Office. Dodie was recognized for
her excellent customer service to both internal and external customers and for
going above and beyond the call of duty in the performance of her assigned
tasks.
James Smith, Native Sons of the Golden West, made a presentation to
Councilman Dennis Baxter, Councilman Gordon McGinnis, and Al Bone of the
San Bernardino Pioneer Society, in recognition of their recent induction into the
Native Sons of the Golden West.
Councilman Chas Kelley presented the Citizen of the Month award to Amanda
Jacobs for being a model parent and for her leadership role in the community.
Mayor Morris announced that Ron Collins, Charles Ojeda, Jr. and Leonard
Chavez, all veterans of foreign wars, were deeply concerned about honoring our
nation's flag and thought it appropriate to initiate a possible ballot measure in
the City to ensure that we honor the flag on five important days of the year:
Memorial Day, Flag Day, Fourth of July, 9/11 and Veteran's Day. The Mayor
stated that he had discussed this matter with Mr. Collins and a number of
distinguished business leaders in the community, and they agreed to underwrite
the effort to appropriately place and light the flag on the above-mentioned dates.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic and community events and activities.
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0711012006
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner McCammack 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 and
Community Development Commission, be waived.
The motion carried by the following vote:
Commissioners Estrada, Baxter, McGinnis,
McCammack. Nays: None. Absent: None.
Ayes:
Derry,
Council Members/
Kelley, Johnson,
6. Council Minutes
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the minutes of the following
meeting(s) of the Mayor and Common Council/Community Development
Commission be approved as submitted in typewritten form: June 8, 2006.
The motion carried by the following vote:
Commissioners Estrada, Baxter, McGinnis,
McCammack. Nays: None. Absent: None.
Ayes:
Derry,
Council Members/
Kelley, Johnson,
7. Personnel Actions
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the personnel actions, as
submitted by the Chief Examiner, dated July 6, 2006 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:
Commissioners Estrada, Baxter, McGinnis,
McCammack. Nays: None. Absent: None.
Ayes:
Derry,
Council Members/
Kelley, Johnson,
8. ORD. MC-1228 - An Ordinance of the City of San Bernardino adding
Chapter 9.96 to the San Bernardino Municipal Code regarding establishing
a procedure for the designation of Crime Free Zones. (FINAL READING)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said ordinance be adopted.
Ordinance No. MC-1228 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
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07/10/2006
9. RES. 2006-236 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, reciting the facts of the Special Municipal
Election held on the 6" day of June 2006, declaring the results thereof and
setting forth such other matters as are provided by law.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-236 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. RES. 2006-237 - Resolution of the Mayor and Common Council of the City
of San Bernardino accepting the resignation of Third Ward Council
Member Gordon McGinnis; calling of a special election in the Third Ward
of the City for November 7, 2006 to fIll the vacant Council seat in said
ward, and requesting that the City of San Bernardino's Special Municipal
Election be consolidated with the November 7, 2006 Statewide General
Election conducted by the County of San Bernardino; and other related
matters.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the Mayor and Common Council
accept the resignation of Gordon McGinnis as Council Member of the Third
Ward; and that said resolution be adopted.
The motion carried and Resolution No. 2006-237 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
11. Set workshop for Monday, July 24, 2006, at 5:00 p.m. - Economic
Development Agency Boardroom - review Measure I projects and project
development process
Council Member/Commissioner McCannnack made a motion, seconded by
Council Member/Commissioner Estrada, that a joint Mayor and Common
Council and Planning Commission Workshop be set for Monday, July 24, 2006,
at 5:00 p.m. in the Economic Development Agency Boardroom to discuss
Measure I projects and project development process with emphasis on State
Route 210, Interstate 215 Corridor projects and the Interstate lO/Tippecanoe
Interchange project.
The motion carried by the following vote:
Commissioners Estrada, Baxter, McGinnis,
McCammack. Nays: None. Absent: None.
Ayes:
Derry,
Council Members/
Kelley, Johnson,
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07/10/2006
12. Set Capital Improvement Program (CIP) workshop for Monday, July 24,
2006 at 5:30 p.m. - Economic Development Agency Boardroom - review the
5-Year Capital Improvement Program - Fiscal Years 2006/07-2010/11
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that a Capital Improvement Program
(CIP) workshop be set for Monday, July 24, 2006, at 5:30 p.m. in the
Economic Development Agency Boardroom to review the 5- Year Capital
Improvement Program for Fiscal Years 2006/07-2010/11.
The motion carried by the following vote:
Commissioners Estrada, Baxter, McGinnis,
McCammack. Nays: None. Absent: None.
Ayes:
Derry,
Council Members/
Kelley, Johnson,
13. RES. 2006-247 - Resolution of the City of San Bernardino making
application to the Local Agency Formation Commission of the County of
San Bernardino for a reorganization consisting of annexation to the City of
San Bernardino of 6 areas of unincorporated territories, generally lying
north of Pacific Street, east of Valencia Avenue, south of Piedmont Drive
and west of Victoria Avenue, to be known as Annexation No. 361.
Council Member/Commissioner McCammack stated that when they passed the
annexation of the Del Rosa/Harrison pocket north of Highland Avenue, she was
under the impression that they had already included the revenue generation from
that pocket into the budget; however, the staff report had indicated that they are
including it again so she was confused.
City Manager Wilson stated that when they annexed that parcel a number of
months ago, they noted that there would be increased revenues from the
annexation, but they did not officially include that number in the budget, so this
action officially reflects the addition of that number into the budget.
Council Member/Commissioner McCammack noted that the staff report states
that the Police Department has indicated that these six islands could be absorbed
without significant impact. However, she stated that if they were talking about
the Del Rosa/Harrison annexation plus these six pockets for revenue generation
and costs, that pocket was annexed with full knowledge that we would need
more police support and code support especially because of the apartment
complexes that require the multi-family inspection. She stated that the report
does mention hiring two additional code officers, which they did agree to fund
in this budget cycle specifically for that particular pocket.
Mr. Wilson stated that when they annexed the Del Rosa pocket it was done with
the idea that the annexation would be good for the City in the long term. He
stated that they are hoping that Assembly Bill 1602 passes, which will increase
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07/10/2006
the vehicle license fee allocation to cities. Mr. Wilson stated that if it passes
that would mean an extra $145,000 for the City, which he recommends should
be used to hire additional police officers to tackle some of the crime issues in
that area.
Council Member/Commissioner McCammack stated that for years the citizens
surrounding that pocket have ended up with the backlash of whatever crime
issues or code issues there were within that pocket. She suggested that the area
command for that area should receive the staffing it needs quickly and that we
ramp up inspections of those apartment complexes.
Mayor Morris stated that it is important that we deliver to that newly-annexed
area services at least as vigorous as we do elsewhere in our City. He stated that
he has learned that the County not only has lower standards in terms of
building, but they also have lower standards in terms of policing and code
enforcement, and he stated that he is confident the City will bring improved
services to that corridor.
Council Member/Commissioner McCarnmack stated that the public needs to
understand that the Arrowhead Springs annexation is a very important piece of
the puzzle for development and revenue generation; however, the annexation of
these pockets is independent of the annexation of Arrowhead Springs. She
stated that she believes annexing pockets that are not typically well maintained
by the County and that are already developed are not fiscally sound propositions
for the voters who currently subsidize the City's revenues for City services.
Ms. McCarnmack stated that she could not support the annexation of these six
pockets as she does not think it's legal for LAFCO to hold the City hostage for
Arrowhead Springs-as she has made very clear to LAFCO herself. She
believes that if and when Arrowhead Springs comes to fruition, she knows that
the Council will be very supportive of that project in and of itself. She stated
that she thinks LAFCO is required by law to accept our application for the
annexation of Arrowhead Springs, and for that reason she would not be able to
support this particular annexation.
Council Member/Commissioner Derry stated that he agreed with Ms.
McCammack on the position LAFCO has taken. He stated that these are
generally very well-maintained areas and would not be a drain on the City. He
stated that this is a more acceptable proposal and would be a slight revenue
generator, and he believes the City can provide better service to these areas than
the County has.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted; and that the
Mayor and Common Council:
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Add one (1) Administrative Clerk II position, Range 1313 ($2,115-$2,571 per
month);
Add two (2) Code Enforcement Officer II positions, Range 1412 ($3,465-$4,212
per month);
Authorize the Human Resources Director to update Resolution No. 97-244 to
reflect the additional positions; and
Authorize the Director of Finance to amend the FY 2006/07 adopted budget and
increase the following as detailed in the staff report from Valerie C. Ross,
Director of Development Services, dated July 3, 2006: General Fund revenues
by $112,400; Fire Department salaries and benefits by $27,000; and Code
Compliance salaries, benefits and equipment by $85,400.
The motion carried and Resolution No. 2006-247 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCarinnack.
Absent: None. '
14. RES. 2006-238 - Resolution of the City of San Bernardino approving an
Agreement for Services with LSA Associates, Inc. for the provision of
professional environmental consulting services.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-238 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
15. RES. 2006-248 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a Contract to Matich Corporation for
pavement rehabilitation at eleven locations, 2nd Street (SS 06-07), Del Rosa
Avenue (SS 06-19), "H" Street (SS 06-21), University Parkway (SS 06-32),
Sierra Way (SS 06-50), "H" Street (SS 06-52), l(i'h Street (SS 06-53) & (SS
06-54), Mill Street (SS 06-57), "D" Street (SS 06-70), Mt. Vernon Avenue
(SS 06-77), per Project Plan No. 11735, and authorization for the Director
of Finance to amend the FY 05/06 Budget.
James Penman, City Attorney, stated that he would have to abstain on this
matter because Matich Corporation has made donations in the last year to his
City Attorney re-election campaign.
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07/1 0/2006
Council Member/Commissioner Kelley stated that he just wanted to make sure
that University Parkway, the main corridor into the north end, is going to be
addressed .
Fred Wilson, City Manager, answered in the affirmative, and he pointed out
that there will be a change to the contract which will extend the pavement
rehabilitation on University to include the College to Varsity section of that
street as well, and that will come to the Council later in the change order.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the Director of Finance be
authorized to amend the FY 2005/06 budget by transferring $39,000 from
Account No. 240-379-5504-7610 (SS06-21) "H" Street Pavement
Rehabilitation" to Account No. 240-379-5504-7605 (SS06-07) "2nd Street
Pavement Rehabilitation;" that the Director of Finance be authorized to amend
the FY 2005/06 budget by transferring $95,600 from Account No. 240-379-
5504-7614 (SS06-32) "University Parkway Pavement Rehabilitation" to
Account No. 240-379-5504-7625 (SS06-50) "Sierra Way Pavement
Rehabilitation; and that said resolution be adopted.
The motion carried and Resolution No. 2006-248 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
16. RES. 2006-239 - Resolution of the Mayor and Common Council of the City
of San Bernardino adopting the Caltrans Race-Neutral Disadvantaged
Business Enterprise (DBE) Program, effective May 1, 2006, and the City of
San Bernardino Annual Anticipated DBE Participation Level (AADPL)
submittal for Federal fmancial assistance projects, effective for Federal
Fiscal Year 2006/2007, and authorizing the City Engineer to execute the
Disadvantaged Business Enterprise Race-Neutral Implementation
Agreement.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-239 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17. Item Deleted
18. Item Deleted
19. RES. 2006-249 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving Standard Form of Agreement for Subdivision
Tract No. 16509-4 (Unit 4 - Lots 74 through 90) and Tract No. 16509-5
(Unit 5 - Lots 91 through 105) 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 approving Amendment No. 1 to Standard Form
of Agreement for Subdivision Tract No. 16509-4 (Unit 4 - Lots 74 through
90) and Tract No. 16509-5 (Unit 5 - Lots 91 through 105) with University
Park, LLC as approved by Resolution No. 2005-299, dated, September 6,
2005.
Council Member/Commissioner Kelley stated that he wanted to make sure that
this action would ensure that the agreements in place with Watson and
Associates would be completed by Richmond American.
Valerie Ross, Director of Development Services, answered in the affirmative.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that the
Director of Development Services be authorized to release bonding posted by
University Park, LLC to guarantee completion of infrastructure improvements
for Tract No. 16509-4 (Unit 4 - Lots 74 through 90) and Tract No. 16509-5
(Unit 5 - Lots 91 through 105) as approved by Resolution No. 2005-299, dated
September 6, 2005, except bonding posted for improvements in the Landscape
Maintenance District.
The motion carried and Resolution No. 2006-249 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
20. RES. 2006-240 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement between the
City of San Bernardino and Rogers Anderson Malody and Scott L.L.P. for
the provision of financial auditing services.
Council Member/Commissioner McCannnack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-240 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
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0711012006
21. RES. 2006-241 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the San Bernardino City Fire Department to
enter into a new Interagency Instructional Services Agreement with Rancho
Santiago Community College District.
Council Member/Commissioner McCammack 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 2006/07 budget and
increase General Fund revenue Account No. 001-000-4708 (Fire Training
Agreement) by $21,800 from $36,000 to a new total of $57,800.
The motion carried and Resolution No. 2006-241 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
22. RES. 2006-242 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the San Bernardino City Fire Department
(SBCFD) to enter into a Cooperative Agreement with the United States
Department of Agriculture (USDA), San Bernardino National Forest
relating to fire protection and rescue services within the mutual threat zone.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-242 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
23. RES. 2006-250 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Finance Director or her designee to
execute a purchase order in an amount not to exceed $450,377 to Micon
Construction, Inc. for the purchase and installation of three (3) water
playground systems located at Jerry Lewis Swim Center, Wildwood Park,
and Lytle Creek Park.
James Pemnan, City Attorney, stated that he was concerned about the safety of
the water features.
Lemuel Randolph, Director of Parks, Recreation and Community Services,
described the nature of the water features and stated that he did not expect to
have any problems; however, he would have them monitored.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
15
07/10/2006
Resolution No. 2006-250 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCamrnack. Nays: None. Absent: None.
24. RES. 2006-243 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute an Agreement with the
California Highway Patrol, San Bernardino allowing the California
Highway Patrol to use the City of San Bernardino Police Department's
Firing Range.
Council Member/Commissioner McCamrnack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-243 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCamrnack. Nays: None. Absent: None.
25. RES. 2006-251 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an annual purchase order, with three single
year renewal options, to Pride Automotive for automotive, light and
medium duty truck transmission service, repair and exchange for the City's
fleet.
Agenda Item Nos. 25 and 27 were discussed simultaneously.
Council Member/Commissioner McCamrnack voiced her concerns regarding
buying from local vendors and added that the City is desperately trying to pay
for public safety.
Council Member/Commissioner McCamrnack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2006-251 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCamrnack. Nays: None. Absent: None.
26. RES. 2006-244 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an annual purchase order, with three single
year renewal options, to Drake Supply Company of Fontana, for Unity
spotlights, Target Tech strobes and light bars and miscellaneous electrical
supplies for the City's fleet.
Council Member/Commissioner McCamrnack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
16
07/10/2006
Resolution No. 2006-244 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
27. RES. 2006-252 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to Crest
Chevrolet for a 2007 4WD Tahoe Command Vehicle to be utilized by the
Fire Department.
Agenda Item Nos. 25 and 27 were discussed simultaneously.
Council Member/Commissioner McCannnack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2006-252 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
28. RES. 2006-245 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to Steiny
& Company, Inc. for installation of an electrical service at the Waterman
Landfill treatment site.
Council Member/Commissioner McCannnack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-245 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
29. Item Deleted
30. RES. 2006-246 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Executive Director of the San
Bernardino Employment and Training Agency to execute a Subgrant
Agreement with the State of California Employment Development
Department, and rescinding Resolution No. 83-306.
Council Member/Commissioner McCannnack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-246 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCamrnack. Nays: None. Absent: None.
17
07/1012006
31. RES. 2006-253 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying submittal of an on-line grant application for the
FY 2006 Staffmg for Adequate Fire and Emergency Response (S.A.F.E.R.)
grant submitted to the Department of Homeland Security Federal
Emergency Management Agency.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, submitted articles and
spoke about the over-funding of the Fire Department and questioned whether
this grant was a good idea.
Council Member/Commissioner McGinnis asked if a source of revenue had
already been identified to pay for this versus paying for more police officers.
Fred Wilson, City Manager, stated that this was part of the commitment the
Council had made to ramp up the staffing of the Fire Department from 3 to 4
fire fighters, and this funding simply helps the City reach that goal without
having to impact the general fund sooner rather than later. He stated that they
would probably look to the General Fund reserves and/or the savings they hope
to achieve after the first quarter to help pay for the grant.
Council Member/Commissioner McCammack stated that this is an issue for the
safety of our fire fighters when they are going into a structure to save it from a
fire, and this is a group of fire fighters that we were probably going to hire
anyway.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-253 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
32. RES. 2006-254 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of the FY 2006 Homeland
Security Grant Program and the Emergency Operations Center budget
detail worksheets to the San Bernardino County Fire Department, Office of
Emergency Services.
Council Member/Commissioner Baxter made amotion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-254 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18
07/10/2006
33. RES. 2006-255 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of the budget detail worksheet for
the Fiscal Year 2006 Metropolitan Medical Response System (MMRS) grant
program to the San Bernardino County Fire Department, Office of
Emergency Services.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-255 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
34. RES. 2006-256 - Resolution of the City of San Bernardino ratifying the
submittal of the COPS 2006 Technology Grant application and authorizing
the Police Department to administer the grant award in accordance with the
Grant Expenditure Plan.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-256 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
35. RES. 2006-257 - Resolution of the City of San Bernardino ratifying the
submittal of the FY 2006 Homeland Security Grant application and
authorizing the Police Department to administer the awarded grant funds in
accordance with the Grant Expenditure Plan.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-257 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
36. Item Deleted
37. Public hearing - resolution ordering work - San Bernardino International
Airport/ Alliance-California Area Landscape and Lighting Maintenance
Assessment District No. 1022, Zones 1, 2 and 3 (Continued from June 19,
2006)
19
07/10/2006
Resolution of the City of San Bernardino rmding and determining the
existence of less than a majority protest, that ballots submitted in favor of
the assessment exceed the ballots submitted in opposition to the assessment
and that the public convenience and necessity require the maintenance of
landscaping in San Bernardino International Airport/Alliance-California
area, generally north of Central Avenue, east of Lena Road and south of 3"
Street, approving the Final Engineer's Report, creating an assessment
district to cover the costs of said maintenance, known as Assessment District
No. 1022, Zone 1, Zone 2, and Zone 3, ordering the work, confirming the
2006-2007 assessment roll, and determining that the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931 shall not apply.
The hearing remained open.
No public comments were received.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of July 24,2006.
The motion carried by the following vote:
Commissioners Estrada, Baxter, McGinnis,
McCammack. Nays: None. Absent: None.
Ayes:
Derry,
Council Members/
Kelley, Johnson,
38. Council Minutes - May 1, 2006 and May 22, 2006 (Continued from June 19,
2006)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the minutes be approved.
The motion carried by the following vote:
Commissioners Estrada, Baxter, McGinnis,
McCammack. Nays: None. Absent: None.
Ayes:
Derry ,
Council Members/
Kelley, Johnson,
39. Council Minutes - May 15, 2006 (Continued from June 19, 2006)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the minutes be approved.
The motion carried by the following vote:
Commissioners Estrada, Baxter, McGinnis,
McCammack. Nays: None. Absent: None.
Ayes:
Derry,
Council Members/
Kelley, Johnson,
20
07/10/2006
40. Legislative Update (Continued from June 19, 2006)
Council Member/Commissioner McCammack provided a legislative update
relative to housing bills that are pending and need to be supported because they
are good for the City of San Bernardino or need to be killed because they are
bad for the City of San Bernardino.
Ms. McCammack stated that there is an eminent domain initiative that is likely
to be placed on the ballot in November and it is called the "Anderson Initiative"
or "Protect our Homes."
Ms. McCammack stated that another piece of legislation in Sacramento is the
Telecommunications Bill, or AB 2987, and the public needs to understand the
ramifications of this particular piece of legislation. She stated that it is being
advertised by AT&T and Verizon as fair competition of telecommunication
services, but as with electric deregulation several years ago, the intent is to
make it more cost effective for the consumer, and we all know what happened
with that particular piece of legislation. Ms. McCammack stated that she
believes the League of California Cities is afraid that this is heading down that
same slippery slope. She noted that the commercials say it will make your cable
bill cheaper, and it might at first, but as with electricity, beware of things that
sound too good to be true.
Mayor/Chairman Morris stated that the eminent domain initiative did qualify
and it will appear on the November ballot. He suggested that the residents of
San Bernardino read the analysis and the information both in support and in
opposition very carefully in order to be fully informed on this proposed
initiative that will profoundly alter the way the City does business.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the report from the League of
California Cities, Housing, Community and Economic Development Committee
Meeting of 6-22-06, be received and filed.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Baxter, McGinnis, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner Estrada.
41. RES. 2006-258 - Resolution of the Mayor and Cornmon Council of the City
of San Bernardino authorizing the Mayor to execute Amendment No. 2 to
the Lease between the City of San Bernardino and the San Bernardino
Stampede, Inc. (Continued from June 20,2006)
Council Member/Commissioner McGinnis stated that he had a concern with
someone else maintaining the field.
21
07/10/2006
Mayor/Chairman Morris stated that this particular item only transfers
responsibility for landscape maintenance.
City Attorney Penman stated that the primary purpose for the change of this
amendment was to shift the responsibility for maintaining the field from the City
to the team. They have agreed to take down the backstop prior to a non-
baseball event and raise the backstop upon the completion of a non-baseball
event, but that is the only real change that he could recall.
Lori Sassoon, Assistant City Manager, stated that pursuant to the first
amendment to the agreement, the team has the responsibility and discretion to
market and manage the stadium on a year-round basis, and under the current
arrangement it's the team's decision whether or not to allow a non-baseball
event on a given day. She stated that the agreement contains language that
allows the City to request a certain number of events per year given reasonable
notice. She requested that in the future if the Council has any issues to please
bring them to her attention and they would try to work through them with the
team.
Ms. Sassoon stated that this is the first time she's ever heard of an issue, but she
feels that the team would be willing to work with the City to resolve any issues.
She stated that it's difficult to share park maintenance personnel and the regular
maintenance functions with the stadium over any extended period of time.
Council Member/Commissioner McCammack suggested that they have had
some difficulty in getting the team to agree as to what is reasonable and if we
could change the language to a 24 hour notice and get them to agree to it,
maybe they should leave that in the hands of the Mayor and the City Manager.
Council Member/Commissioner McGinnis asked if this portion of the contract
could be canceled at any given time.
Ms. Sassoon stated that the current lease is for a ten-year period that expires in
October.
Mr. McGinnis asked if this was just a maintenance agreement.
Ms. Sassoon stated that it was an amendment to the existing lease.
Mayor/Chairman Morris advised that they should move ahead, and he suggested
that they could reopen discussion on this issue next month.
Mr. Penman stated that there are good legal reasons to proceed with the
contract. He mentioned that the City really started behind in this agreement in
that the Mayor and Council were already in office when the agreement was
initially negotiated. He stated that the City was willing to subsidize the Los
Angeles Dodgers in order to have a Dodgers minor league team here in San
22
07/10/2006
Bernardino and, as a result, there was a good deal of discussion by the Mayor
and Council as to some of the terms of the agreement. But, the decision was
made by the Mayor and Council that they really wanted the Los Angeles
Dodgers to be here and have their affiliate team here. So given that, an
agreement was entered into which was probably not in the best financial interest
of the City, if you just look at dollars, but the Mayor and Council at that time
weighed the fact that it was the Los Angeles Dodgers. Since then, every time
we have an opportunity we try to gain a little bit, as does the team.
He stated that in Section 5.04.2 on page 2 of the agreement, the team wanted us
to have a provision that, "If, due to unavoidable, unforeseen circumstances, the
Tenant (meaning the team) is unable to perform the groundskeeping services
described herein, the City agrees to resume the groundskeeping services, which
Mr. Penman advised was changed to read, "the City agrees to negotiate with
Tenant for the performance of said services."
Mr. Penman stated that a particular area of difficulty was Section 21.01.1 on
page 3, in that the City is obligated to replace any seats that are broken. In this
agreement they a!lded the following language: "The City shall be credited a flat
rate of $40.00 for each seat that is replaced or repaired," and "The total amount
credited to the City shall be deducted against the field maintenance credit. The
total amount to be credited to the City for stadium seat replacement/repair shall
not exceed $10,000 annually, although it may be less." Mr. Penman advised
that at the present time the City is not able to maintain the field for the rest of
the season and the team is willing to do that in exchange for credit on the
agreement in the amount of $80,000, which seemed to him to be a reasonable
amount. He added that he believed this put the City in a slightly better position.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted; and that
the Director of Finance be authorized to amend the fmal FY 2006/07 budget as
outlined in the staff report dated June 27, 2006, from Fred Wilson, City
Manager.
The motion carried and Resolution No. 2006-258 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: Council Member/Commissioner McGinnis.
Absent: None.
42. Set a Council workshop for July 24, 2006, at 5:30 p.m. in the Economic
Development Agency Boardroom to discuss the formation of a new San
Bernardino community center and park
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that a Council workshop be set for July 24,
23
07/10/2006
2006, at 5:30 p.m. in the Economic Development Agency Boardroom to discuss
the formation of a new San Bernardino community center and park.
The motion carried by the following vote:
Commissioners Estrada, Baxter, McGinnis,
McCammack. Nays: None. Absent: None.
Ayes:
Derry,
Council Members/
Kelley, Johnson,
43. Item Deleted
44. Item Deleted
COMMUNITY DEVELOPMENT COMMISSION
Staff Present
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter,
McGinnis, Derry, Kelley, Johnson, McCammack; Senior Assistant City Attorney
Calkins, City Clerk Clark, Economic Development Agency Executive Director Pacheco
and Special Counsel Sabo.
R45. Hearing - resolution of public interest and necessity for acquisition of real
property - 796 W. 5tb Street
RES. CDC/2006-25 - Resolution of the Community Development
Commission of the City of San Bernardino declaring the public interest and
necessity of acquisition of real property by the Redevelopment Agency of
the City of San Bernardino for community redevelopment purposes over the
property located at 796 W. ~ Street, San Bernardino, California (APN:
0134-054-25) in the Central City North Redevelopment Project Area, and
rescinding Resolution No. CDC/2006-15.
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Economic Development Agency Executive Director, stated
that they previously had this item before this body to consider adoption of a
resolution of necessity. She stated that the property owner has been provided
with all the appropriate offers pursuant to Redevelopment Law, and no
responses have been received.
No public comments were received.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolution be adopted.
24
07/10/2006
The motion carried and Resolution No. CDC/2006-25 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
McGinnis, Derry, Kelley, Johnson. Nays: Council Member/Commissioner
McCammack. Absent: None.
R46. Hearing - resolution of public interest and necessity for acquisition of real
property - 495 N. "G" Street
RES. CDC/2006-26 - Resolution of the Community Development
Commission of the City of San Bernardino declaring the public interest and
necessity of acquisition of real property by the Redevelopment Agency of
the City of San Bernardino for community redevelopment purposes over the
property located at 495 North "G" Street, San Bernardino, California
(APN: 0134-101-28) in the Central City North Redevelopment Project Area,
and rescinding Resolution No. CDC/2006-16.
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Economic Development Agency Executive Director, stated
that this was considered on June 5 by this Commission and the property owner
has been provided with all the appropriate offers. She stated that if there is no
resolution with regard to acquisition of the property, they are recommending
that the Commission again consider the resolution of necessity. Ms. Pacheco
advised that if the property owner is present he should be given an opportunity
to speak on this matter.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the hearing be closed; and that said
resolution be adopted.
Council Member/Commissioner McCammack stated that these two properties
were being paid for out of the bond issue that she had voted against; therefore,
she needed to be consistent with her vote on these two particular properties.
The motion carried and Resolution No. CDCI2006-26 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
McGinnis, Derry, Kelley, Johnson. Nays: Council Member/Commissioner
McCammack. Absent: None.
25
07/10/2006
R47. RES. CDC/2006-27 - Resolution of the Community Development
Commission of the City of San Bernardino (1) approving the sale of
Tuscany Apartments (the "Property") to Capital Foresight Limited
Partnership and (2) approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency") to
execute an Assumption Agreement related to the sale of the property.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. CDC/2006-27 was adopted by the following vote:
Council Members/Commissioners Estrada, Baxter, McGinnis, Derry,
Johnson, McCammack. Nays: None. Absent: None.
Ayes:
Kelley,
PLANNING
48. Public hearing - request for reconsideration of the denial of Appeal No. 05-
24, upholding the Planning Commission denial of DPI No. 05-81, a proposal
to establish a coin-operated laundry at 4399 N. Sierra Way in the CG-l,
Commercial General, land use district
Mayor/Chairman Morris opened the hearing.
Valerie Ross, Director of Development Services, provided background
information. She stated that the Development Code contains provisions
whereby an applicant can request reconsideration based on additional facts or
information. She noted that that is discretionary on the part of the Council and
the hearing authority may vote to reconsider. In May, staff received backup
information to support the request for reconsideration. Ms. Ross stated that the
new information that was provided by the applicant is that the business itself has
been sold to Golden State Laundry Systems, a company that runs these types of
facilities. Golden State proposes to improve the site, which includes a major
remodel of the building, installing a glass door front, installing a video
surveillance system and upgrading the exterior lighting. Golden State has also
committed to have a staff person at the site during all hours of operation. Based
on those proposed changes, staff recommends that the laundry facility be
approved.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the Mayor and Common
Council reconsider the December 19, 2005 denial of Appeal No. 05-24.
26
07/10/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, McGinnis, Kelley, Johnson, McCammack. Nays:
Council Members/Commissioners Baxter, Derry. Absent: None.
Pursuant to Resolution No. 2005-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
Bill Lemann, Attorney representing Mr. Lee, 215 N. "D" Street, Suite 100,
San Bernardino, CA, stated that staffs report accurately reflects their agreement
with regard to their application for reconsideration and their agreement for
modification to the items that were approved by staff at the August meeting. He
stated that conditions of approval were contained in the backup that identify, as
of July 10, 2006, three items that were critical to members of the Council at the
last hearing. He stated that one issue was whether or not they would have full
time employees, managers and attendants at the facility, and they are in
agreement to make that a condition of approval.
Mr. Lemann stated that members of the Council also raised the issue of security
and the fa~ade of the building and whether or not they could add plate glass as
well as glass doors on the west side of the building that faces the patio, so that
you could see through the facility at every angle. He noted that the architects
and engineers have reported that they could add those windows and the applicant
is willing to do so. In addition to the windows that are going to be added to the
facility, Mr. Lemann stated that the operators will install a state-of-the-art
camera system and that surveillance will operate at all times during the
operation of the laundromat and they will keep a digital video tape of everything
that goes on in the facility. He stated that there was also a question about
outdoor lighting in the parking areas and along the store front, and the applicant
is anxious to put in whatever kind of lighting is requested by the Council.
Bob Fisher, 247 E. 42"d Street, San Bernardino, CA, stated that the crime in
this area is out of hand. He stated that there are already two laundromats in the
area, and he suggested that the Council look closely at this proposal.
Mary Cox, 219 E. 44th Street, San Bernardino, CA, stated that they don't live
in a crime-free area so they need to stay vigilant as to what's coming into their
neighborhoods. She stated that they don't need any additional liquor stores, 99t
stores, or coin laundries. Ms. Cox stated that the apartments have their own
laundry facilities and the people who will use the laundry are people who can't
afford their own washers and dryers. She feels that this is not a "common
sense" issue, but a "dollars and cents" issue, and the residents don't appreciate
having people tell them what they need in their neighborhood.
Council Member/Commissioner Johnson stated that he still had concerns with
the windows.
27
07/10/2006
Mr. Lemann stated that the applicant is willing to work with the Council on the
windows as long as they are approved by the architect.
Council Member/Commissioner McCammack voiced her concerns about the
amount of crime in that area and stated that she felt there were better uses for
that property.
Mr. Lemann stated that this will be the best laundromat in the area, and he
believes that in order for the other laundromats to stay in business, they will
have to upgrade their appearances as well. He stated that the trend is to use a
card, much like an ATM card, and they predict this may happen by the time
their laundromat opens for business.
Council Member/Commissioner Kelley stated that considering the fact that this
is a vacant building, and considering the fact that this is an improvement, he
hoped this would be the beginning of much more improvement in that area.
Mr. Kelley asked if the Council, if it was their desire to approve this facility,
could condition the applicant to use that type of card, so the concern of an all
cash business could be resolved.
Ms. Ross stated that she believed that was an appropriate condition to impose.
She stated that staff believes the measures being proposed, especially the
changes to the building to improve safety, should address the concerns that were
raised by the Council.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; and that the Mayor
and Common Council reverse the denial of Appeal No. 05-24, thereby
upholding the August 5, 2005 approval of Development Permit Type I No. 05-
81, subject to the revised conditions of approval recommended in Exhibit 3.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, McGinnis, Kelley, Johnson. Nays: Council Members/
Commissioners Baxter, Derry, McCammack. Absent: None.
49. Public Comments
Randy Lally, 2249 W. Walnut Street, San Bernardino, CA, spoke on behalf of
his neighbors regarding the southwest pocket of the City near Macy between
Mill and Rialto Avenues. He stated that he has spoken with Councilman
McGinnis several times about this particular area, which is the flood control
basin on the corner of Macy and Walnut. Mr. Lally stated that the residents had
concerns about the still water, the drainage, and the swamp-like atmosphere for
100 yards through the middle of this basin. He stated that once every couple of
28
07/1 0/2006
months, members of the maintenance crew come by and dig up the mud and just
throw it to the side, then it builds back up, and it is a continuous process.
Christina Marquez, 1494 W. 9th Street, San Bernardino, CA, voiced her
concerns regarding the use of illegal fireworks in both the Sixth and First
Wards.
Deanna Adams, 1156 N. "F" Street, San Bernardino, CA, spoke about
Proposition 90 regarding eminent domain.
Dee McClure, Construction Liaison from Caltrans, gave an update of an
upcoming construction project called Devore II, which is on Interstate 15 in
Fontana from Sierra Avenue to just south of Cleghorn Road in the Cajon Pass.
She stated that there were going to be some directional closures this summer and
next summer.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the
death of the son of a retired police officer who was killed last week during a
drug investigation.
Marshall D. Goodwill, 957 W. Fromer Street, Rialto, CA, submitted a plan to
take gang members off the streets.
50. Adjournment
At 6:58 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, July 24, 2006, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
B~ <UAi ~~
Lmda Sutherland
Deputy City Clerk
No. of Items: 50
No. of Hours: 5.5
29
07/1012006
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Gordon McGinnis
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCanunack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JULY 24, 2006
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/Chairman Morris at 1:38 p.m., Monday, July 24, 2006, 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 Morris; Council Members/Commissioners Estrada, Baxter,
McGinnis, Derry, Kelley, Johnson, McCanunack; City Attorney Pemnan, City Clerk
Clark, City Manager Wilson. Absent: None.
1. Closed Session
Pursuant to Govermnent Code Section(s):
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Govermnent Code Section 54956.9(a):
City of San Bernardino and Economic Development Agency for the City
of San Bernardino v. Valerie Pope-Ludlam, et al. - San Bernardino
Superior Court Case No. SCVSS 108965;
Sequenta Lawrence, et al. v. City of San Bernardino, et al. - United
States District Court, Central District of California Case No. CV 04-336
FMC (SGLx);
07/24/2006
Juventino Flores v. City of San Bernardino, et a1. - United States
District Court, Central District of California Court Case No. EDCV 05-
00505 SGL (JTLx);
San Bernardino City Unified School District v. Helen Danton, et a1. -
San Bernardino Superior Court Case No. SCVSS 129273.
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:
Diamond Concessions of CA, Inc., dba Diamond Creations v.
City of San Bernardino
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. Daniel Osias
City of San Bernardino and the Redevelopment Agency of the City
of San Bernardino v. Upham Development Company, El Corte
Ingles, S.A. Company, and LNR San Bernardino, LLC
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:
Operation Phoenix Tar2et Area
1. Property Address: 1268 Wall Avenue, San Bernardino
APN: 0146-241-05
2
07/24/2006
Negotiating Parties:
Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer and Edith Aguirre, as property
owner/seller
Under Negotiation:
Purchase price, terms, and conditions
2. Property Address: 253 East 14lh Street, San Bernardino
APN: 0146-212-09
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer and Benjamin Haros, property
owner/seller
Under Negotiation: Purchase price, terms, and conditions
3. Property Address: 1532 Sepulveda Avenue, San Bernardino
APN: 0146-142-15
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer and Margarito Urena and Lorena
Urena, property owners/sellers
Under Negotiation: Purchase price, terms, and conditions
City Attorney Penman announced that the following additional case would be
discussed in closed session:
People v. Manta Management - San Bernardino Superior Court Case
No. SCVSS 117285.
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.
Invocation/Pledge of Allegiance
The invocation was given by Pastor Marco Garcia of The Way World Outreach
Church, followed by the pledge of allegiance, led by Madison Tibke of Anderson
School.
3
07/24/2006
2. Appointment - Council Member Baxter - Redevelopment Committee
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council
appoint Council Member/Commissioner Baxter to the Redevelopment
Committee.
The motion carried by the following vote:
Commissioners Estrada, Baxter, McGinnis,
McCammack. Nays: None. Absent: None.
3. Proclamations & Presentations
Ayes:
Derry,
Council Members/
Kelley, Johnson,
As part of the Economic Development Agency's business retention and
revitalization focus, Executive Director Maggie Pacheco, Mayor Morris, and
Council Member McGinnis presented a Business Recognition A ward to Tim
Jenkins, General Manager, and Dael Strange, Sales and Marketing Director, of
the Hilton Hotel in recognition of their continuing excellence in providing hotel
hospitality services and the promotion of tourism in the region.
Ms. Pacheco, Mayor Morris, and Council Member McGinnis also presented a
Business Recognition Award to Jerry Faust, Dean of Academics at the Art
Institute of California, in recognition of the Institute's leadership in creative
education.
The following individuals were presented a service pin award by Mayor Morris
in recognition of their many years of dedicated service to the City:
Name
Adolfo Navarro
Robert Roset
Daniel Vidana
Wendy Martin
Apolinar Galarza
Ruben Martinez
Tony White
Department
Development Services
Fire
Fire
Police
Public Services
Public Services
Public Services
Years of Service
15
10
10
15
10
15
5
Council Member Gordon McGinnis, who resigned from his position effective
the end of July, was presented a resolution of commendation by Mayor Morris
and a plaque by Council Member Estrada in recognition of his service and
commitment to the City for the past 7 years, followed by a reception in his
honor in the City Hall lobby .
4
07/24/2006
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
Council Member/Commissioner McCammack introduced Jennifer Oberhelman,
Marketing Director for the San Bernardino Adult School, who made a brief
presentation regarding the school and its curriculum.
Council Member/Commissioner Estrada introduced Teresa Flores, who
announced that the San Bernardino girls softball team from the Guadalupe Youth
League had qualified for the nationals in Texas and solicited donations from the
public to help with their expenses and make attendance at the tournament
possible for these girls.
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 and
Community Development Commission be waived.
The motion carried by the following vote:
Commissioners Estrada, Baxter, McGinnis,
McCammack. Nays: None. Absent: None.
Ayes:
Derry,
Council Members/
Kelley, Johnson,
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission be
approved as submitted in typewritten form: June 5, 2006.
The motion carried by the following vote:
Commissioners Estrada, Baxter, McGinnis,
McCammack. Nays: None. Absent: None.
Ayes:
Derry,
Council Members/
Kelley, Johnson,
7. Claims & 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 July 7, 2006,
from Barbara Pachon, Director of Finance, be approved.
5
07/24/2006
The motion carried by the following vote:
Commissioners Estrada, Baxter, McGinnis,
McCammack. Nays: None. Absent: None.
Ayes:
Derry,
Council Members/
Kelley, Johnson,
8. 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 July 19, 2006 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:
Commissioners Estrada, Baxter, McGinnis,
McCammack. Nays: None. Absent: None.
Ayes:
Derry,
Council Members/
Kelley, Johnson,
9. RES. 2006-261 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Mundell, OdIum & Haws and the City of San
Bernardino in the case of Michael Desrochers v. City of San Bernardino, et
al.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-261 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9A. RES. 2006-262 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a joint litigation and
confidentiality agreement between Richards, Watson & Gershon and the
City of San Bernardino in the case of City of San Bernardino, et aI. v.
County of San Bernardino (Perchlorate litigation).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-262 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
6
07/24/2006
10. Resolutions placing a Charter Amendment on the November 7, 2006, ballot
adding Section 123 to the City Charter
Resolution of the Mayor and Common Conncil of the City of San
Bernardino calling a Special Municipal Election on a proposed Charter
Amendment amending Section 120 - the Initiative; Section 122 - the Recall
and adding Section 123 - Compliance with Elections Code and requesting
that said City of San Bernardino's Special Municipal Election be
consolidated with the November 7, 2006 Statewide General Election
conducted by the County of San Bernardino. (lOA)
Resolution of the Mayor and Common Council of the City of San
Bernardino submitting to the qualified electors of said City for their
approval a proposed Charter Amendment amending Section 120 - the
Initiative; Section 122 - the Recall and adding Section 123 - Compliance
with Elections Code; transmission of the proposed Charter Amendment to
the Office of the City Attorney for purposes of preparation of an impartial
analysis. (lOB)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCarnmack. Nays:
Council Member/Commissioner McGiunis. Absent: None.
IDA. Resolutions placing Charter Amendments on the November 7, 2006, ballot
related to Initiative, Recall and Referendum provisions
Resolution of the Mayor and Common Council of the City of San
Bernardino calling a Special Municipal Election on a proposed Charter
Amendment relating to Section 120, the Initiative and requesting that said
City of San Bernardino's Special Municipal Election be consolidated with
the November 7, 2006 Statewide General Election conducted by the County
of San Bernardino. (lOA-A)
Resolution of the Mayor and Common Council of the City of San
Bernardino calling a Special Municipal Election on a proposed Charter
Amendment relating to Section 121, the Referendum and requesting that
said City of San Bernardino's Special Municipal Election be consolidated
with the November 7, 2006 Statewide General Election conducted by the
County of San Bernardino. (lOA-B)
7
07/24/2006
Resolution of the Mayor and Common Council of the City of San
Bernardino calling a Special Municipal Election on a proposed Charter
Amendment relating to Section 122, the Recall and requesting that said City
of San Bernardino's Special Municipal Election be consolidated with the
November 7, 2006 Statewide General Election conducted by the County of
San Bernardino. (10A-C)
Resolution of the City of San Bernardino submitting to the qualified electors
of said City for their approval a proposed Charter Amendment relating to
Section 120, the Initiative; transmission of the proposed Charter
Amendment to the Office of the City Attorney for purposes of preparation
of an impartial analysis. (lOA-D)
Resolution of the City of San Bernardino submitting to the qualified electors
of said City for their approval a proposed Charter Amendment relating to
Section 121, the Referendum; transmission of the proposed Charter
Amendment to the Office of the City Attorney for purposes of preparation
of an impartial analysis. (lOA-E)
Resolution of the City of San Bernardino submitting to the qualified electors
of said City for their approval a proposed Charter Amendment relating to
Section 122, the Recall; transmission of the proposed Charter Amendment
to the Office of the City Attorney for purposes of preparation of an
impartial analysis. (10A-F)
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCarnmack. Nays:
Council Member/Commissioner McGinnis. Absent: None.
11. RES. 2006-263 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of a Master Services Agreement by
and between the Inland Valley Development Agency and the City of San
Bernardino for provision of City services for Fiscal Year 2006/2007.
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 increase Account No. 001-183-5505 by
$100,000 for expedited engineering services, and revenue Account No. 001-
000-4671 by $100,000 to reflect corresponding reimbursement.
8
07/24/2006
The motion carried and Resolution No. 2006-263 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
12. RES. 2006-264 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute a Master Services
Memorandum of Understanding with the Water Department for provision
of City services for Fiscal Year 2006/2007.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-264 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter. McGinnis, Derry. Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13. RES. 2006-268 - 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 Saturdays and Sundays between the hours of 7:00 a.m. and 4:00
p.m. except by permit zone on residential streets located north of Pacific
Street and west of Arden Avenue in the vicinity of the San Bernardino
Soccer Complex.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-268 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14. Authorize Contract Change Order No. One - contract with J.D.C., Inc. for
construction of ADA access ramps and sidewalk at Gilbert Street (SS-B
2005/06) - Plan No. 11567
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services be
authorized to execute Contract Change Order No. One in the amount of
$5,492.05 to the contract with J.D.C., Inc. for construction of ADA access
ramps and sidewalk at Gilbert Street (SS-B 05/06), per Plan No. 11567.
The motion carried by the following vote:
Commissioners Estrada, Baxter, McGinnis,
McCammack. Nays: None. Absent: None.
Ayes:
Derry,
Council Members/
Kelley, Johnson,
9
07/24/2006
15. Authorize Contract Change Order No. One - contract with Downstream
Services, Inc. - cleaning sewer siphons at varions locations in the City of
San Bernardino (SW-D 2005/06) - Project Plan No. 11340B
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services be
authorized to execute Contract Change Order No. One to the contract with
Downstream Services, Inc. for cleaning sewer siphons at various locations in the
City of San Bernardino (SW-D 2005/06), per Project Plan No. 11340B.
The motion carried by the following vote:
Commissioners Estrada, Baxter, McGinnis,
McCammack. Nays: None. Absent: None.
Ayes:
Derry,
Council Members/
Kelley, Johnson,
16. RES. 2006-265 - Resolution of the City of San Bernardino, authorizing and
setting the Special Tax Rate for that certain area annexed into the City of
San Bernardino pursuant to LAFCO 3049, generally located north of
Highland Avenue, east of Golden Avenue, for paramedic services, and
approving the Fiscal Year 2006/2007 Tax Roll and establishing Special Tax
Area 2006-1.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-265 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17. Resolution of the Mayor and Common Council of the City of San
Bernardino approving a Cooperative Agreement between the San
Bernardino County Transportation Anthority, the Inland Valley
Development Agency (lVDA), the Connty of San Bernardino, the cities of
San Bernardino and Highland, and the San Manuel Band of Mission
Indians, for the preparation of a Project Study Report (PSR) for State
Route 210 - Arden-Highland and Victoria Avenue interchanges (SS07-24).
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack.
Nays: Council Member/Commissioner Johnson. Absent: None.
10
07/24/2006
18. Authorize Contract Change Order No. One - contract with David T.
Wasden, Inc. - sewer and street improvements on 34th Street - Leroy Street
to Waterman Avenue (SW 04-23); 48th Street - "F" Street to Electric
Avenue (SW 04-24); and street improvements on Richardson Street - San
Bernardino Avenue to Victoria Avenue (SW 04-34); Cooley Avenue -
Tippecanoe Avenue to Gage Canal (SW 04-35); and "E" Street - rd Street
to 4th Street (SW 04-06) - Project Plan No. 11147
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services be
authorized to execute Contract Change Order No. One to the contract with
David T. Wasden, Inc., for sewer and street improvements on 34th Street -
Leroy Street to Waterman Avenue (SW 04-23); 48th Street - "F" Street to
Electric Avenue (SW 04-24); and street improvements on Richardson Street -
San Bernardino Avenue to Victoria Avenue (SW 04-34); Cooley Avenue -
Tippecanoe Avenue to Gage Canal (SW 04-35); and "E" Street - 2nd Street to 4th
Street (SW 04-06); per project Plan No. 11147.
The motion carried by the following vote:
Commissioners Estrada, Baxter, McGinnis,
McCamrnack. Nays: None. Absent: None.
Ayes:
Derry ,
Council Members/
Kelley, Johnson,
19. RES. 2006-266 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City of San Bernardino to enter into
Standard Agreements with the Department of Mental Health-Patton State
Hospital.
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 2006/07 budget and increase
General Fund revenue Account No. 001-000-4880 (EMS User Fee) by $20,000
from $450,000 to a new total of $470,000.
The motion carried and Resolution No. 2006-266 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
20. Item deleted.
21. RES. 2006-269 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute an Agreement between
the City of San Bernardino and the San Bernardino City Unified School
District for delivery of meals and snacks to Delmann Heights Community
Center Head Start Program.
11
07/24/2006
City Attorney Penman stated that he would abstain on this item because his wife
is a member of the school board, and advised that Special Counsel Sabo had
reviewed the resolution. Mr. Penman left the Council Chambers, returning
after the vote was taken.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-269 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. RES. 2006-270 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute a Services Agreement
between the City of San Bernardino and Boys and Girls Club of San
Bernardino Inc. to provide community services at the Delmann Heights
Community Center.
Council Member/Commissioner Johnson stated that he would abstain on this
item because he is a member of the Boys and Girls Club Board of Directors.
He left the Council Chambers and returned after the vote was taken.
Council Member/Commissioner McCammack expressed concern that the
Council was funding these programs prematurely, without knowing if additional
resources will be available to fund them for the long-term.
Mayor/Chairman Morris advised that the majority of this allocation ($85,000)
has been the annual allocation for assistance to the Boys and Girls Club for the
past couple of years-fiscal years 2004/2005 and 2005/2006-and the additional
$34,000 for the Safe Summer Programs for Youth is being allocated on a one-
year basis only.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-270 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley,
McCammack. Nays: None. Abstentions: Council Member/Commissioner
Johnson. Absent: None.
12
07/24/2006
23. RES. 2006-267 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Finance Director or her designee to
execute a purchase order to Athletic Field Specialists for the design and
installation of irrigation system improvements for two (2) baseball fields and
park located at Nicholson Park.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-267 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
24. RES. 2006-274 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an Agreement with the City of San
Bernardino and Western Regional Little League Baseball for rmancial
assistance from the Civic and Promotion Fund for FY 2006/07.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted; and that direct
funding in the amount of $5,000 from the FY 2006/07 Civic and Promotion
Fund be approved; that indirect funding in the amount of $39,200 be transferred
from the FY 2006/07 Civic and Promotion Fund to various City departmental
accounts, as listed in the staff report from City Manager Wilson dated July 6,
2006; and that a waiver of fees and use of City personnel and equipment be
authorized in the conduct of the 2006 tournament season.
Jim Gerstenslager, Little League Western Regional Director, 6797 Little
League Drive, San Bernardino, CA, thanked the Mayor and Council for their
support .
The motion carried and Resolution No. 2006-274 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson. Nays: None. Absent: Council Members/Commissioners McGinnis,
McCammack.
25. Reclassify one position of Electrical and HV AC Mechanic to Electrical and
HV AC Supervisor - provide salary adjustment for position of Security
Guard - Facilities Management Department
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council increase
the salary for the position of Security Guard from $9.00-$10.94 to $12.00 per
hour;
13
07/24/2006
That the Mayor and Common Council reclassify one (1) Electrical and HY AC
Mechanic position, Range 1414, $3,500-$4,254/month to an Electrical HY AC
Supervisor position, Range 2436, $3,906-$4,747/month; and
That the Human Resources Department be authorized to update Resolution Nos.
6413 and 97-244.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson. Nays: None.
Absent: Council Members/Commissioners McGinnis, McCammack.
26. Update Salary/Position resolutions to include positions approved in the
Fiscal Year 2006/07 Budget
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the Human Resources Department be
authorized to update Resolution Nos. 6413 and 97-244 as indicated in the staff
report dated July 18, 2006, from Linn Livingston, Human Resources Director;
and that the Director of Finance be authorized to increase Account No. 001-388-
5XXX (Salary/Benefits) by $55,000 in the Parks & Recreation Department and
increase the revenue Account No. 001-000-4670 to correspond to the EDA
reimbursement.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson. Nays: None.
Absent: Council Members/Commissioners McGinnis, McCammack.
27. RES. 2006-259 - Resolution of the City of San Bernardino authorizing and
directing the execution of various Default Assessment Agreements relative
to the proposed Assessment District No. 1022 (San Bernardino International
Airport/Alliance-California Landscape and Lighting Maintenance
Assessment District.) (See related Agenda Item No. 28)
Note: Agenda Item Nos. 27 and 28 were discussed simultaneously; therefore,
please see Item No. 28 for any discussion.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2006-259 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14
07/24/2006
28. Public hearing - resolution ordering work - San Bernardino International
Airport/ Alliance-California Area Landscape and Lighting Maintenance
Assessment District No. 1022, Zone 1, 2 and 3 (Continued from July 10,
2006) (See related Agenda Item No. 27)
RES. 2006-260 - Resolution of the City of San Bernardino fmding and
determining the existence of less than a majority protest, that ballots
submitted in favor of the assessment exceed the ballots submitted in
opposition to the assessment and that the public convenience and necessity
require the maintenance of landscaping in San Bernardino International
Airport/Alliance-California area, generally north of Central Avenue, east of
Lena Road and south of 3'd Street, approving the Final Engineer's Report,
creating an assessment district to cover the costs of said maintenance,
known as Assessment District No. 1022, Zone 1, Zone 2, and Zone 3,
ordering the work, confIrming the 2006-2007 assessment roll, and
determining that the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931 shall not apply.
The hearing remained open.
Valerie Ross, Director of Development Services, advised that staff had been
working on establishing this lighting and landscape maintenance district for quite
some time at the San Bernardino International Trade Center-Alliance California.
She stated that the district would include the major streets in the non-airport
portions of the area off of Timber Creek, and that the Engineer's Report, which
was included in the backup materials, determined which properties would
benefit from the assessment district and the extent of their benefits.
Ms. Ross stated that Agenda Item No. 27 was a resolution authorizing and
directing the execution of various default agreements relative to the proposed
assessment district. She explained that if you drive out to the area you will
notice that there is landscaping wherever there are developed properties, as well
as along the parkways and medians, especially on Tippecanoe. She stated that
that landscaping is currently maintained by the City, the Inland Valley
Development Agency, and some of the private properties that are adjacent such
as Mattei and Pep Boys.
Ms. Ross advised that these adjacent businesses, and the businesses now under
construction such as Stater Bros. and Matich, have indicated that they would
like to continue to coordinate the private and the public assessment areas so
there is continuity in both how it is maintained and how the landscaping looks.
Therefore, the reason for their request to enter into the default agreements. She
explained that these businesses would still pay the annual assessment, which the
City will collect for common areas such as the median itself, but they will take
care of the parkway areas that are immediately adjacent to their projects. She
15
07/24/2006
stated that the parties to the default agreements include Hillwood, Stater Bros.,
Matich Corporation, KoW's, and the Inland Valley Development Agency.
Ms. Ross advised that staff was recommending that the Mayor and Council
adopt the resolution to approve the default agreements and adopt the resolution
to establish the landscape and lighting maintenance district.
No public comments were received.
City Clerk Clark and Special Counsel Sabo tabulated the ballots which had been
received. Ms. Clark announced that there were 423.73 ballots in favor and 5.31
ballots against.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2006-260 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
29. Authorize the Finance Director to amend the FY 2006/07 adopted budget
and transfer $180,000 from Account No. 001-092-5502 (General
Government) to various Parks & Recreation and Code Compliance accounts
for programs related to the "Safe Summer for Youth Initiative."
Council Member/Commissioner Johnson stated he would abstain on this item
because he serves on the Board of the Boys and Girls Club, which would benefit
from this action, if approved. He left the Council Chambers and returned after
the vote was taken.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Finance be authorized to
amend the FY 2006/07 adopted budget and transfer $180,000 from General
Government Account No. 001-092-5502 to various Parks & Recreation and
Code Compliance accounts as outlined in the staff report dated July 14, 2006,
from Lemuel Randolph, Director of Parks, Recreation and Community Services
for programs related to the "Safe Summer for Youth Initiative".
The motion carried by the following vote: Ayes:
Commissioners Estrada, Baxter, Derry, Kelley. Nays:
Council Member/Commissioner Johnson. Absent:
Commissioners McGinnis, McCammack.
Council Members/
None. Abstentions:
Council Members/
16
07/24/2006
30. Joint Mayor and Common Council/Planning Commission workshop - review
Measure I projects and project development process - Economic
Development Agency Boardroom
Planning Commissioners Present: John Coute, Kenneth DUff, Larry Heasley,
Susan Longville, A. Jay Munoz, Michael Sauerbrun.
Note: No backup materials were distributed.
Darren Kettle, Director of Freeway Construction with the San Bernardino
Association of Governments (SANBAG), presented information on the scope of
the various Measure I projects, including design information, cost estimates, and
timelines.
Council Member/Commissioner McCarnmack left the room during discussions
related to the 1-215 Freeway, as she owns property within 500 feet of the
project.
No action was taken on this matter.
31. . Capital Improvement Program (CIP) workshop - review 5- Y ear Capital
Improvement Program - Fiscal Years 2006/07-2010/11 - Economic
Development Agency Boardroom
City Attorney Penman announced that Council Members could have possible
conflicts relative to even discussing matters where they may have property
within 500 feet of the developments being discussed. He advised the Mayor and
Council to be careful not to discuss amongst themselves what projects they
thought were good or bad-that the key was not to come to any consensus
today. He stated that if any specific projects were mentioned, the Council
members would be on their own to excuse themselves from the discussion.
Valerie Ross, Director of Development Services, advised that the CIP is a year-
long process that staff goes through involving not only public works staff but
other departments such as Finance, Facilities Management, and Parks and
Recreation.
Mark Lancaster, City Engineer/Deputy Director of Development Services,
provided an overview of the $41 million 2006/07 CIP. He noted that the CIP is
basically divided as follows: 72 percent for streets and street lighting; 9 percent
for sewers; 8 percent for parks and recreation; 6 percent for general buildings; 3
percent for traffic controls; and 2 percent for storm drains.
Mr. Lancaster reviewed each section of the CIP, providing additional
information on specific projects.
17
07/24/2006
No action was taken on this matter.
32. Council workshop - discuss formation of a new San Bernardino community
center and park - Economic Development Agency Boardroom
Council Member/Commissioner Kelley stated that he had placed this item on the
agenda since the Council would already be discussing the CIP and he thought
the issue was vital and should be included. He pointed out that the Council had
taken action earlier on the Bice property (Agenda Item No. R37), and it was
important to begin dialogue on the concept and funding of a new park and
community center since the City has the land.
He stated that he envisioned doing something similar to what they are doing in
north Fontana, and it was important for his colleagues to understand the needs
of the area. He noted that development fees in the amount of $5 million will be
collected on this project, and requested a commitment to move forward and at
least build a community center that would serve the entire city.
Lemuel Randoph, Director of Parks, Recreation and Community Services,
advised that staff does not know at this time what they are going to be building
in that area; however, they will be asking the community for input as to what
they envision for the area.
Council Member/Commissioner Johnson pointed out that if the Council was
going to do this they have to change their mindset and budget for the
maintenance costs as well as the project itself, noting that budgets have been
shrinking, particularly with regard to libraries, park and recreation facilities,
etc.
Mayor/Chairman Morris advised that staff is looking to develop a Park Master
Plan, and for the first time since 1962 the City will have a template to follow for
the development of parks and park facilities.
No action was taken on this matter.
R33. Hearing - resolution of public interest and necessity for acquisition of real
property - 746 West SU' Street
RES. CDC/2006-28 - Resolution of the Community Development
Commission of the City of San Bernardino declaring the Public Interest and
Necessity of Acquisition of Real Property by the Redevelopment Agency of
the City of San Bernardino for community redevelopment purposes over the
property located at 746 West SU' Street, San Bernardino, California (APN:
0134-054-07, 08 and 09) in the Central City North Redevelopment Project
Area.
18
07/24/2006
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Executive Director, Economic Development Agency, advised
that this particular item deals with property acquisition for the downtown mixed-
use project between 4th and 5th Streets and "G" and "H" Streets. She stated that
the subject property, which is owned by the Salvation Army, was located at 746
West 5th Street, and this was a hearing to afford the owner an opportunity to
speak.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
Major Fritz, Salvation Army, stated that the Salvation Army was not opposed
to the redevelopment; however, they were opposed to adoption of the proposed
resolution regarding 746 West 5th Street on the following grounds:
According to Major Fritz, the City of San Bernardino failed to comply with the
requirements of Government Code Section 7267.2. Also, the offer is not a
good faith offer and fails to comply With the requirements of Section 824 of the
California Evidence Code. He stated that the property sought to be acquired is a
nonprofit special use property as defined in Section 1235.155 of the California
Code of Civil Procedures, and as noted in the legislative commentary to Section
1265, "There may be no relevant market for some types of special purpose
property such as schools, churches, cemeteries, parks, utilities, and similar
properties. " He stated that the Salvation Army property currently under
discussion is a church-and that is its first, primary, and only function.
Major Fritz stated that Section 824B of the Evidence Code provides that "a
witness providing opinion testimony on the value of nonprofit, special use
property as defmed by Section 1235.155 of the Code of Civil Procedures, for
which there is not relevant compatible market, shall be based on his or her
opinion on the value of reproducing of the improvements without taking into
consideration any depreciation or obsolescence of the improvements."
He stated that the City appraiser values the replacement cost of the building at
$111.46 per square foot, or $2,059,000; and the value by the appraiser was
$313,000. This brings the valuation of land plus building up to $2,372,000;
however, the City appraiser improperly deducted $1,235,000 for depreciation to
the building and provided a cost approach appraisal of $1,170,000. A
subsequent updated appraisal estimated the value of the property at $1,340,000.
19
07/24/2006
According to Major Fritz, since the City appraisers ignored the requirements of
Evidence Code Section 824 and deducted over $1 million from the replacement
cost of the property, the offer was not made in good faith. He stated that they
would submit that the City is required to make an offer based upon the appraisal
"without taking into consideration any depreciation or obsolescence of the
property" as per Evidence Code 824. Only after negotiations based on an
appraisal will the City be able to make a fmding in good faith concerning the
necessity for the use of the eminent domain power.
Major Fritz advised that the Salvation Army has contracted with Walgren and
Associates from Orange County, who are currently on vacation, and will be
returning at the beginning of the month. They had said that it would take
between six and eight weeks to do a proper evaluation on the property, so he
was asking at this time that this resolution of necessity be postponed until the
Salvation Army has an opportunity to have a proper appraisal done as per the
state statutes.
He reminded the Mayor and Council that for their hospitality house, which is
only one-third of this property and 'one-third of the building on Kingman Street,
they received over $3 million from Caltrans under the same statutes that he was
currently talking about. He noted that there was a very defmite inequality here
between what Caltrans, following the same statute, and what the City, not
following the statute, had offered the Salvation Army.
He reiterated that the Salvation Army is not opposed to moving-all they want is
to be treated fairly under the state law.
Mayor/Chairman Morris assured Mr. Fritz that they would be treated fairly. He
added that the quotes just given to the Council from the Evidence Code refer to
evidence at trial, not in these negotiations. Mayor/Chairman Morris stated that
the Economic Development Agency has an appraisal, and the Salvation Army is
entitled to, and is actually in the process of achieving, an appraisal of their own.
However, the question before the Commission today is not the ultimate question
of value-it is necessity to move ahead with their program.
Special Counsel Sabo stated that part of this is a process that the Agency will be
going through-that they need to start the process and they would be hopeful
that during the next few weeks before they actually file the action that there will
be some negotiations and they can accommodate the Salvation Army in a
mutually satisfactory way. He stated that this is something that will have to be
worked out through the process-whether through negotiations or through the
court process.
Major Fritz stated that the Salvation Army is not desirous of going to court, but
they have resolved to do so.
20
07/24/2006
Deanna Adams, 1156 North "F" Street, San Bernardino, CA, stated that she
opposes all eminent domain because it assaults everything and anything about
being American. She expounded on the fact that America was founded on an
idea in the mind and in the heart-a self evident truth. She stated that the
Declaration of Independence is simply a declaration that all men are created
equal and all men and women have the right to claim these principles. She
stated that eminent domain is evil-taking private property for private gain is an
assault.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the hearing be closed; and that said
resolution be adopted. (Note: The vote was taken following additional
discussion.)
Council Member/Commissioner Derry stated that he has had some concerns
with this project, and he would like to give the Salvation Army a little more time
to see what the property is worth-he didn't think it was that big a hurry on this
building, but this particular parcel could create some problems in the future, so
he thought the Council should be patient. He added that if the motion had been
made, he would vote no; but he would hope it could be continued.
Council Member/Commissioner McCanunack stated that she was concerned that
by approving this action today, the Salvation Army could be put into the
precarious position of not only having to possibly pay double for an appraisal,
because it has to be hurried, but they may also have to hire an attorney-that if
someone told her that this body had given the Economic Development Agency
Executive Director and her attorney the approval to go ahead and fIle an eminent
domain action, she would be hiring an attorney real fast.
She pointed out that this could have an adverse effect on a nonprofit agency such
as the Salvation Army by adding additional costs to their bottom line, thereby
affecting the services they provide for the community.
She inquired whether her colleague would accept an amendment to her motion
that the Commission not move forward on this until at least the first meeting in
August, thereby giving them a little bit more time.
Council Member/Commissioner Estrada answered in the negative.
The motion made by Council Member/Commissioner Estrada, seconded by
Council Member/Commissioner McGinnis, carried and Resolution No.
CDC/2006-28 was adopted by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Kelley, Johnson. Nays: Council
Members/Commissioners Derry, McCanunack. Absent: None.
21
07/24/2006
R34. Hearing - resolution of public interest and necessity for acquisition of real
property - 723-739 West Sth Street
RES. CDC/2006-29 - Resolution of the Community Development
Commission of the City of San Bernardino declaring the Public Interest and
Necessity of Acquisition of Real Property by the Redevelopment Agency of
the City of San Bernardino for community redevelopment purposes over the
property located at 723-739 West Sth Street, San Bernardino, California
(APN: 0134-093-07) in the Central City North Redevelopment Project Area.
Mayor/Chairman Morris opened the hearing.
Pursuant to Resolution 2000-279, City Clerk Clark administered an oath to the
following individual that he would provide true and honest testimony:
Lewis E. Goebel, 110 West "A" Street, Ste. 600, San Diego, CA, appearing on
behalf of Mr. Ammons, stated that he wanted to make an objection to this
resolution of necessity. He stated that they had done that by paper, and they
asked that that be entered into the record. He stated that there are eight issues
that they brought up, much like the previous speaker. He stated that these eight
issues would probably take the remainder of the night to consider, so they will
stand on the paper that-they already filed and put into evidence.
He stated that Mr. Ammons has been doing business on 5th Street for 24 years
and before that in other parts of the city. He added that it is a real burden on
Mr. Ammons to have to make this move at this time, and it would be difficult to
match what he has at this location on 5th Street. He stated it would be their goal
as they go along, in addition to working with the Redevelopment Agency, to
make sure that when it is all [mished Mr. Ammons will have as good a position
as he has had over the past 24 years at this particular location.
Mayor/Chairman Morris stated that the Agency fully intends to be fair with Mr.
Ammons-that he is a longtime businessman in the community and the
Council/Commission respects him and his property rights-that this is just a
resolution of necessity that starts the process. He conceded, however, that the
two parties are a long way apart in terms of their respective evaluations of the
property, but they will keep discussing it as it moves forward.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the hearing be closed; and that saidhresolution be adopted.
22
07/24/2006
Council Member/Commissioner McCammack stated that she did not believe that
this particular project area could be bought up with the money the Agency is
using, which is the low- to moderate-income housing money, only to have it
turned over to a developer who will build mixed-use (although if the housing is
low- to moderate-income, the housing would be legal, but she did not believe it
would be legal to build any commercial entities). She stated that she did not
believe that the Agency should be burdening the taxpayers with $10 million per
square block of debt-that this was not a smart way to spend our money.
Council Member/Commissioner Kelley asked Special Counsel Sabo whether the
action the Commission was being asked to take tonight was a legal action.
Mr. Sabo answered in the affirmative, stating that based upon the staff report
they have analyzed the issues presented by the property owner's attorney and
they have their summary in there and, yes, they believe it is a legal action being
taken by the Commission.
The motion made by Council Member/Commissioner Estrada, seconded by
Council Member/Commissioner McGinnis, carried and Resolution No.
CDC/2006-29 was adopted by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
Council Member/Commissioner McCammack. Absent: None.
R35. Hearing - resolution of public interest and necessity for acquisition of real
property - 696 West Sib Street
RES. CDC/2006-30 - Resolution of the Community Development
Commission of the City of San Bernardino declaring the Public Interest and
Necessity of Acquisition of Real Property by the Redevelopment Agency of
the City of San Bernardino for community redevelopment purposes over the
property located at 696 West Sib Street, San Bernardino, California (APN:
0134-061-21, 22, 2S and 30) in the Central City North Redevelopment
Project Area.
Mayor/Chairman Morris opened the hearing.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
Brnce Ko, property owner of 696 West 5th Street, San Bernardino, CA,
distributed copies of a letter dated July 15, 2006, that he sent to Maggie
Pacheco, Executive Director of the Economic Development Agency, with copies
also mailed to the Mayor and Common Council.
23
07/24/2006
He stated that in his letter he indicated that they welcomed this redevelopment-
that the downtown redevelopment is needed. He stated that they have been in
San Bernardino since 1980, so they have spent more than a quarter of a century
in this part of town and they want to participate in the redevelopment. He stated
that back in February 2005 when they received the first contact from EDA
indicating that their property was part of this redevelopment plan, they were
happy; however, they expressed in their statement of interest that they wanted to
participate. In fact, in that statement they stated, "We are very interested to
join the redevelopment efforts. Please provide more specific plan information
so we can maximize our efforts together. Please include us in all of your
communications and meetings." However, since that statement was sent to the
Agency, they have heard nothing back from the EDA.
Mr. Ko stated that it was not until July 12, 2006, that they received a copy of
one page of a conceptual plan from the Agency's legal representative, which
shows their property, which is on the northeast corner of 5th and "G" Streets.
He stated that since March 2005 they have repeatedly requested to be able to
participate, yet all their requests were unanswered. Then 12 days before today's
hearing they were only given one page of a conceptual plan.
He stated that he was requesting that the proposed resolution of necessity be
either postponed or removed permanently, citing the following reasons for this
request, as outlined in his letter:
1) They were invited to participate; however, they were never contacted
while the conceptual plan was being developed. He questioned whether
they were really invited to participate or whether this was merely
paperwork that was sent to them that satisfies the law.
2) Their property, a restaurant site, is consistent with the City's current
land use.
3) If the Agency does not acquire their property it will not be detrimental to
the redevelopment plan, because unlike other parcels within the project
area, their property is not physically connected to the rest of the project.
4) Acquisition of their property is not really necessary, as they are very
interested in participating and are assembling a team to work
cooperatively with the Agency.
Mr. Ko advised that they have a lot at stake-that they have other property
downtown, so it is in their best interest for the downtown to be successful.
Therefore, they will work extra hard to try to redevelop their property. He
stated that he did not really see a need for the Agency to acquire their property
by eminent domain, because they are willing to go the extra mile to make their
property part of a successful downtown area.
24
07/2412006
Amy Ko, 696 West 5th Street, San Bernardino, CA, mother of Bruce Ko, spoke
regarding their long history of owning property in the downtown area, how hard
it was to maintain their business downtown due to the surrounding area, and
reiterated the comments made by her son relative to their desire and intent to
redevelopment their property as part of the entire redevelopment project.
Ms. Pacheco advised that the property at 696 West 5th Street has been
abandoned for more than ten years and is an eyesore to the Central City
Redevelopment Project Area; and in 2003 the Community Development
Commission reinstituted the power of eminent domain in an effort to revitalize
the downtown area. She stated that up until recently the owner had expressed
an interest in owner participation rights; however, staff was recommending that
the Commission proceed with the adoption of the resolution of necessity with
the understanding that staff will continue to have dialogue and discussions with
the property owner. She added that it was her understanding that staff was
scheduled to meet with the property owner the next morning and they could
begin having those discussions, as adoption of the resolution does not preclude
owner participation discussions.
Council Member/Commissioner McCammack stated that she was ashamed for
our City and for the Ko's, who had to watch their business close down because
the City didn't enforce its own codes and didn't help them get the crime off
those streets. She stated that she was ashamed that the City couldn't have
worked with this family long before to help them reestablish their restaurant and
inject some additional money into it, yet at the II th hour we are telling them that
we are going to condemn their property.
Council Member/Commissioner Estrada stated that she has known the Ko's for
many years, but she was not going to sit up on the dais and contribute to any
future [mancial demands made on the City. She stated that she didn't recall Ms.
McCammack or anyone else being out there saying, "You can't come into San
Bernardino-we don't want you here-we don't want gang members-we don't
want all this trouble coming to our community", but now we can all stand up
and say how ashamed we are of what this City hasn't done. She stated that she
was sorry, but she wouldn't do that because she's been on this Council long
enough to know and to admit to what they have tried to do with the City and
what they are continuing to do for the City against all the odds.
Ms. Estrada stated that she was not going to have anyone blame her or other
previous members of this Council for not doing things that they had no control
over. She stated that they did not have control over all those people coming
from Los Angeles County into this area, and that's one of the things that
happened. They did not have control over Santa Fe picking up and moving out,
and they had no control over the federal government closing Norton and
25
07/24/2006
affecting this community the way it did. She stated that the City of San
Bernardino did not have any control over those problems, and she refused to
apologize for what the City of San Bernardino hasn't done-it's what they have
tried to do that counts for this community.
She stated that she was still convinced that the Ko' s would have an opportunity
to participate at the level they want to participate, and that is what the Council
and staff are going to try to do. She stated that she was told by Ms. Pacheco
that that is what they would do, and she was trusting that they would do that.
She stated that she was not trying to do anything against the Ko's personally-
that she was trying to do something here that was equitable for everyone.
Council Member/Commissioner Kelley stated that he understood what the
Agency/City was trying to do, and he certainly knew that we needed to do
something. He asked Agency staff to tell him, based on the map that was shown
to the Commission, how this piece of property fits into the overall puzzle of the
entire project.
Special Counsel Sabo stated that the concern, when the map was prepared, was
to be able to control the four corners, and when you have an abandoned building
on one of the corners-even though it is not contiguous, it is across the street-
the concerns were that we had two, maybe three, of the corners, but you need to
control all four corners. He stated that of all the properties that the Agency is
looking to acquire, he thought that this property was probably the one that is the
most easily severable and could be separated into a separate owner participation
agreement.
Mr. Sabo advised that within the last several weeks the Ko's have retained an
experienced attorney who understands redevelopment law and a planner who
also does these redevelopment projects. Therefore, as long as there is a valid
interest to proceed diligently in working with staff on some of the issues that
Ms. Pacheco addressed, such as showing staff a plan that is going to be
acceptable and determining that they are going to have the financial wherewithal
to proceed and to come forward with an owner participation agreement, the
process should move forward. He stated that the Agency was certainly not
going to me the action as long as they have good faith and negotiations
proceeding.
He stated that he thought he and Ms. Pacheco both shared the same view-they
would not want to forego this action today, rely upon meeting tomorrow, and
then not be able to go anywhere. He stated that taking this action puts the
pressure on everyone to continue to move forward in good faith, and he would
hope that within the next several months they would be coming back to the
Commission with an owner participation agreement, or at least be able to report
that they had made some diligent efforts to achieve one and provide the
Commission with the results of those efforts.
26
07/2412006
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. CDC/2006-30 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
McGinnis, Derry, Kelley, Johnson. Nays: Council Member/Commissioner
McCammack. Absent: None.
R36. Public hearing - HUD Section 108 Loan Guarantee Contract and related
documents - North Arden Guthrie Commercial Redevelopment Project
(lVDA Redevelopment Project Area)
RES. 2006-271 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and authorizing the Mayor to execute the
contract and related documents for the Loan Guarantee Assistance under
Section 108 of the Housing and Community Development Act of 1974, as
amended, 42 USC Section 5308 (CDBG Section 108 Contract No. B-03-MC-
06-0539) - North Arden Guthrie Commercial Development Project (lVDA
Redevelopment Project Area). (R36A)
RES. 2006-272 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and authorizing the Mayor to execute the
2006 Redevelopment Cooperation Loan Agreement by and between the City
of San Bernardino and the Redevelopment Agency of the City of San
Bernardino ("Agency") - North Arden Guthrie Commercial Development
Project (lVDA Redevelopment Project Area). (R36B)
RES. CDC/2006-31 - 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 2006 Redevelopment Cooperation
Loan Agreement by and between the Agency and the City of San
Bernardino - North Arden Guthrie Commercial Development Project
(lVDA Redevelopment Project Area). (R36C)
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Executive Director, Economic Development Agency, stated
that this Section 108 loan had been discussed with the Commission for quite
some time; in fact, three years ago they talked about using the City's annual
CDBG Program to fund a 108 loan for the purpose of assisting the Agency in
the acquisition program for Arden-Guthrie. She stated that she thought the staff
report detailed all the salient points of the loan transactions between BUD, the
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City, and the Agency. In addition, the diagrams that were attached to the staff
report would give the Council/Commission very specific illustrations of how the
monies will flow from HUD to the City, from the City to the Agency, and what
the proceeds will be used for-and that is principally for the acquisition of the
remainder of the parcels in Arden-Guthrie.
She noted that the City/Agency has a tremendous investment in the Arden-
Guthrie area because we own a majority of the parcels, and the acquisition
proceeds will allow us to buy the remaining parcels in the area and also present
an opportunity for development of the site. She stated that the City, collectively
with the Agency, has been working on this for more than 20 years, so this
presents an opportunity for us to clean up some of the problems we have in
Arden-Guthrie.
There were no public comments.
Council Member/Commissioner Estrada inquired whether any low/mod money
had been used over the 20-year period that the City/Agency has been working
on this project, whether any of the properties had been acquired by using
eminent domain, and whether the ultimate plan is to do a private development.
Ms. Pacheco answered each question in the affirmative.
Council Member/Commissioner Estrada stated that the point she wanted to
make was that on this Council, when voting on a matter, it is not a question as
to whether a project is in the First Ward, Second Ward, or Seventh Ward-that
what is important is the overall impact to the community. She noted that Arden-
Guthrie has been a major bone of contention with this community for many,
many years and has cost the City enormously in resources, police time, etc.
However, it is because of their commitment to resolve the problems that have
been plaguing this area for many years, that former mayors and former Council
members have committed the $10 million and used any resources they had
toward those efforts; and it is no different than the project downtown in terms of
trying to clean up the existing blight.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolutions A-C, be adopted.
The motion carried and Mayor and Common Council Resolution Nos. 2006-271
and 2006-272 and Community Development Commission Resolution No.
CDC/2oo6-31 were adopted by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCarnmack. Nays:
None. Absent: Council Member/Commissioner McGinnis.
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City Attorney Pemnan advised that in 1991 the City Attorney's office, Police
Department, Fire Department, and Code Enforcement cleaned out Arden-
Guthrie entirely. He stated that over 800 people were moved out of the County
and the area was virtually vacant, and the decision had been made that the City
was going to go in and buy those properties. Instead, the mayor and the
Council at that time, in an ill-advised move, decided to put $3 million back into
Arden-Guthrie to loan it to the owners to rehab their properties. Unfortunately,
the owners brought back the same types of people-drug dealers and gang
bangers-and the City had to clean it out again in 1993. He advised that the
original plan was to clean out the area and buy the properties, and had the City
done that initially-those properties were running around $70,000-80,000 a
fourplex, compared to the $200,000 that has to be paid today-it would be a
very different situation today. He stated that people need to remember that the
actual history of Arden Guthrie is very different from any other area in the City.
It was actually cleaned up completely, totally, and all the bad guys were gone;
and then what happened happened.
R37. Public hearing Disposition and Development Agreement by and between the
Agency and Century Crowell Communities, LP (Agency property located
north of Little League Drive, east of 1-215 Freeway). (Continued from June
19, 2006)
RES. 2006-273 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the 2006 Disposition and Development
Agreement ("DDA") by and between the Redevelopment Agency of the City
of San Bernardino ("Agency") and Century Crowell Communities, LP, a
California Limited Partnership ("Developer") related to approximately 79
acres of Agency property located north of Little League Drive, east of 1-215
Freeway ("Property"). (R37A)
RES. CDC/2006-32 - Resolution of the Community Development
Commission of the City of San Bernardino (1) approving the 2006
Disposition and Development Agreement ("DDA") by and between the
Redevelopment Agency of the City of San Bernardino ("Agency") and
Century Crowell Communities, LP, a California Limited Partnership
("Developer") and authorizing the Executive Director of the Agency to
execute said DDA relating to the sale and development of Agency property
located north of Little League Drive, east of 1-215 Freeway - approximately
79 acres in the City of San Bernardino ("Property") and (2) making certain
fmdings thereto related to the development of the Property and adopting a
Mitigated Negative Declaration related to said DDA. (Resolution not
available at time of printing.) (R36B)
The hearing remained open.
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Submitted into the record was an inter-office memorandum dated July 24, 2006,
from Henry Empeiio, Jr., Senior Deputy City Attorney, to the Mayor and
Common Council regarding Agenda Item No. R37.
Maggie Pacheco, Executive Director, Economic Development Agency, advised
that salient points of the memorandum of understanding had been identified in
the staff report, and staff has also identified the key points with regard to the
DDA. She stated that the business points of the transaction remain pretty much
the same, with the exception of a few changes that have transpired since the
MOV was approved in 2004.
She stated that one of the most significant changes had to do with the size of the
project-that the project had started off being approximately 100 acres, and had
now been reduced to 79 acres. She explained that the reduction in the acreage
was to accommodate a request of the City and the desire of Council Member
Kelley to look at development of a community park. She noted that the Agency
and the City already own this property, they have already expended the
resources to acquire the site, and it presents an opportunity to develop this
community park. Therefore, staff went back to Century and asked them to
consider decreasing the size of their project to 79 acres to accommodate our
community park vision.
She stated that she believed the other change had to do with the land use as a
result of the reduction in acreage. She pointed out that the General Plan calls
for the site to be 10,800 square foot lots, minimum; however, if they were
going to eliminate 20-30 acres for a community park, they needed to look at the
economic feasibility of the residential component and look at the land use. She
stated that this was the reason there will have to be consideration of a General
Plan Amendment in the future-not by this body, but by the City Council-but
that is part of the DDA.
In addition, since the authoring of the staff report, staff had a request by Mr.
Penman to ensure that they add some indemnification language relative to the
settlement agreement that was entered into back in 1989.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that said
resolutions A&B, be adopted.
The motion carried and Mayor and Council Resolution No. 2006-273 and
Community Development Commission Resolution No. CDC/2006-32 were
adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Baxter, Derry, Kelley, Johnson. Nays: None. Absent: Council
Members/Commissioners McGinnis, McCammack.
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38. Public Comments
Manuel Armendarez, 3615 Orchid Drive, Highland, CA, began by thanking
Mayor Morris, stating that his nephew has been going to Teen Challenge for
three years and is now an assistant pastor in Whittier; and none of this would
have happened had it not been for then Judge Morris. He announced that he has
started a scholarship-the San-High Youth Sports Scholarship-and this is to
help those youth who want to be involved in local sports activities, but their
families cannot afford to put them into a program. He stated that people who
want to contribute to the scholarship could contact him at (909) 863-1467 or
(909) 213-2950, or bye-mail atmannie939@aol.com.
Paul Sanborn, 3559 Genevieve, San Bernardino, CA, requested the removal of
all signs that are attached to telephone poles throughout the city; stated that he
would like to see the Phoenix Program started four blocks around every school
in the city; and stated that 70 percent of the street lights in the city do not work
properly.
Relative to the article in the newspaper that stated the City wanted to sell the
property at 7'" Street and Seccombe Lake to a developer, he suggested that the
City abandon the street between 7m and Waterman, take that land and make it
part of the cemetery, and he has a buyer on-board for the City.
He stated that any ballot measure relative to additional sales tax is not going to
pass; however, the City has had a windfall in its utility tax for the last two
months, and this money could be spent on new officers. He also suggested
eliminating overtime for police and fire and using that money to hire new police
and fire personnel. In addition, there is also money that the City should collect
from the agreements the City had with those organizations operating the
fireworks stands in the city.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the
hazards of radiation and the impact of state organized crime on the war on
drugs.
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39. Adjournment
At 8:06 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, August 7,2006, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
RACHELG. CLARK
City Clerk
By:
iLk t? 4tf-
Linda E. Hartzel
Deputy City Clerk
No. of Items: 39
No. of Hours: 6.5
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