HomeMy WebLinkAbout03-03-2008 MinutesCITY OF SAN BERNARDINO
300 N. `D "Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Moms
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
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
MARCH 3, 2008
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, March 3, 2008, 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, Brinker,
Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager
Wilson. Absent: Council Member/Commissioner Kelley.
Council Member/Commissioner Kelley Arrived
At 1:49 p.m., Council Member/Commissioner Kelley arrived at the Council/Commission
meeting.
City Clerk Clark Excused
At 5:30 p.m., City Clerk Clark left the Council/Commission meeting and was replaced
by Assistant City Clerk Medina.
Council Member/Commissioner Kelley Excused
At 6:01 p.m., Council Member/Commissioner Kelley left the Council/Commission
meeting.
03/03/2008
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. -
United States District Court, Central District of California, EDCV 06-
1408 VAP (JCRx) and related Civil Service Board case, In re Steve
Lowes;
San Bernardino Redevelopment Agency, a Joint Powers Agency v.
William Cooper - San Bernardino Superior Court Case No. SCVSS
67622.
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:
Arrowhead Country Club Area Residents v. City of San Bernardino
Gina Meyer 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. Arrowhead Country Club
D. Closed Session - personnel - pursuant to Government Code Section
54957:
Law Student Intern
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:
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Central City Redevelopment Project Area
1. Property Address: 333 N. "H" Street
APN: 0134-182-04
Negotiating Parties: Emil Marzullo, Interim Executive Director,
on behalf of the Redevelopment Agency, as
buyer, and Walter Hunt, as owner
Under Negotiation: Purchase price, terms, and conditions
Central City North Redevelopment Project Area (Downtown
Acquisition Program)
2. Property Address: 701 W. 5`' Street (Vacant building)
APN: 0134-093-08 and 09
Negotiating Parties: Emil Marzullo, Interim Executive Director,
on behalf of the Redevelopment Agency, as
buyer, and Ali Salman, on behalf of Infinite
State, Inc., property owner/seller
Under Negotiation: Purchase price, terms, and conditions
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.
Inaugural Ceremony
The invocation was given by Reverend Joshua Beckley of Ecclesia Christian Fellowship,
followed by the pledge of allegiance, led by Ben Mendoza, a sixth grade student at Del
Rosa Christian School.
Music was provided by Cal State University San Bernardino Chamber Singers, and
Minister Cliff Duncan, who was accompanied by Julian Marsailes Johnson.
Mayor Patrick J. Morris administered the oath of office to City Clerk Rachel G. Clark,
City Treasurer David C. Kennedy, Third Ward Council Member Tobin Brinker, and
Sixth Ward Council Member Rikke Van Johnson; Judge John Martin administered the
oath of office to City Attorney James F. Penman and Seventh Ward Council Member
Wendy McCammack; and Judge Cynthia A. Ludvigsen administered the oath of office to
Fifth Ward Council Member Chas Kelley. A reception followed in the foyer of City
Hall.
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Moment of Silence
Mayor/Chairman Morris extended condolences to the families and requested a moment
of silence in memory of John L. Nellans, who retired from the Police Department after
nearly 40 years of service; and John Gallo, Jr., a long-time resident of the City of San
Bernardino who retired from the Police Department after 20 years of service and was
also a mechanic with the Santa Fe Railroad for 20 years.
2. Appointments - Youth Advisory Commission - Mayor Morris
• Raddae Chew - Public Safety Academy Appointee
• Jimmy Seter - Aquinas High School Appointee
• Rocio Ruiz - San Gorgonio High School Appointee
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the appointments of Raddae Chew, Jimmy
Seter and Rocio Ruiz, to the Youth Advisory Commission, as requested by
Mayor Morris, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
3. Presentations
There were no presentations.
4. Announcements
Announcements were made by the Mayor and members of the Common Council
regarding various civic/community events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, 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: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
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6. Claims & Payroll
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated February 15, 2008, from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
7. Personnel Actions
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the personnel actions, as submitted by the
Interim Chief Examiner, dated February 26, 2008 in accordance with Civil
Service rules and Personnel policies adopted by the Mayor and Common Council
of the City of San Bernardino, be approved and ratified.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
8. RES. 2008-68 - Resolution of the Mayor and Common Council of the City of
San Bernardino rescinding Resolution No. 2007-459 and authorizing the
execution of an amendment to the agreement to form a Landscape
Maintenance District between the City of San Bernardino and SE I-215,
L.P., HSB I-215, L.P., HW LIT INTERCHANGE, LP, HILLWOOD LIT II,
LP, and INTERCHANGE DRAINAGE BASIN, LLC, for that certain real
property generally located on the west side of I-215, north of Shandin Hills
Golf Course, south of University Parkway, and east of Cajon Boulevard, in
San Bernardino.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-68 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9. RES. 2008-69 - Resolution of the City of San Bernardino declaring its
intention to order the vacation of a portion of Pear Street, north of Walnut
Street and east of Mount Vernon Avenue.
5 03/03/2008
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-69 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. RES. 2008-70 - Resolution of the City of San Bernardino declaring its
intention to order the vacation of a portion of Crescent Avenue between Huff
Street and College Drive.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that amended Plan No. 12291A showing the
area of the proposed vacation, be approved; and that said resolution be adopted.
The motion carried and Resolution No. 2008-70 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
11. RES. 2008-71 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the Final Map for Subdivision Tract No. 16509-7
(Unit 6 - Lots 106 through 159) located on the west side of Northpark
Boulevard between University Parkway and the Devil Creek Flood Control
Channel, accepting the public dedications as set forth on said maps; and
authorizing execution of the standard form of agreement for the
improvements in said subdivisions, with time for performance specified.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-71 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12. Item Deleted
13. Request for waiver of fees for the Berdoo Bikes & Blues Rendezvous event
scheduled for May 2-3, 2008
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the request for a waiver of fees in
the amount of $49,000 for Police Department fees for personnel and equipment
costs associated with the "Berdoo Bikes & Blues Rendezvous" scheduled for May
2-3, 2008, be approved.
6 03/03/2008
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Kelley.
14. Item Deleted
15. Public hearing - resolution approving the annexation, resolution calling the
special election and resolution certifying the results of an election relative to
Community Facilities District No. 1033, Annexation No. 5 for property
consisting of a residential development located at Belmont Avenue and Olive
Avenue - Tentative Tract No. 17396
RES. 2008-65 - A Resolution of the Mayor and Common Council of the City
of San Bernardino, California, authorizing the annexation of territory
generally located southerly of Belmont Avenue, easterly of Olive Avenue
(Annexation No. 5) to Community Facilities District No. 1033 and authorizing
the levy of a special tax and submitting the levy of tax to the qualified
electors. (15A)
RES. 2008-66 - A Resolution of the Mayor and Common Council of the City
of San Bernardino, California, calling a special election and submitting to the
voters of Annexation No. 5, generally located southerly of Belmont Avenue,
easterly of Olive Avenue, of City of San Bernardino Community Facilities
District No. 1033 propositions regarding the annual levy of special taxes
within Annexation No. 5 and the establishment of an appropriations limit.
(15B)
RES. 2008-67 - A Resolution of the Mayor and Common Council of the City
of San Bernardino, California, making certain findings, certifying the results
of an election and adding property to Community Facilities District No. 1033,
Annexation No. 5, generally located southerly of Behnont Avenue, easterly of
Olive Avenue. (15C)
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; and that said
resolutions A & B, be adopted.
The motion carried and Resolution Nos. 2008-65 and 2008-66 were adopted by
the following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
7 03/03/2008
Assistant City Clerk Medina announced that the ballot, which represented five (5)
votes, was returned in favor of Propositions A and B of the proposed annexation.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution C, be adopted.
Resolution No. 2008-67 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing execution of an agreement with the San Bernardino Downtown
Rotary Club for financial assistance from the Civic and Promotion Fund for
FY 2007/08. (Earth Day Fair & Expo 2008) (Continued from February 19, 2008)
Oscar Hermosillo, Jr., Sunset Rotary Club, 1836 Commercenter Circle, San
Bernardino, CA, spoke in support of the item.
Tracylyn Sharrit, President of the San Bernardino Sunset Rotary Club, 3238
Roberds Avenue, San Bernardino, CA, stated that having the City's support
would be a big plus and she could see this becoming a great event like the Orange
Show and Route 66. She stated that they need to move forward and felt that it
would be a bad idea to continue this item for another two weeks.
Jim Conkle, Co -Chair of the Earth Day Fair and Expo, stated that this was a
good opportunity to make the City of San Bernardino stand out as being "green
friendly".
Santos Pineda, Los Padrinos, 445 S. Arrowhead, San Bernardino, CA, stated
that they supported this event and looked forward to working with the City.
Thomas Salisbury, PR and Fundraising Chairperson for the San Bernardino
Sunset Rotary Club, 1443 Clock Avenue, Redlands, CA, read their vision
statement for this event and stated that waiting an additional two weeks would be
very detrimental. He stated that in order to give this event credibility they would
need to get approval to use the City logo.
Linda Gregory, 31 N. Buena Vista, Redlands, CA, teacher at Urbita Elementary
School, stated that for the last ten years she has taken a group of about 50 kids to
the environmental expo that was held at Cal State and that they were devastated to
hear that the expo would not take place this year.
Chelsea Lock, member of the Youth Advisory Commission, 3238 Roberds
Avenue, San Bernardino, CA, stated that this was a great opportunity to get
people involved and having the City's support would make it much better.
8 03/03/2008
Jimmy Seter, member of the Youth Advisory Commission, 2772 Sterling
Avenue, San Bernardino, CA, asked for the City's support for the upcoming
Earth Day Expo event. He stated that he believed that the youth of San
Bernardino have a vested interest in the global future and his generation must take
action in bettering the environment.
Qing Cao, member of the Earth Day Committee, 1836 Commerce Center Circle,
San Bernardino, CA, stated that they need to teach young people about
conservation and environmental awareness.
Staff requested that this matter be continued for two weeks due to the fact that
there were several legal issues that needed to be resolved such as getting the
required permits and use of the City seal, which requires a written agreement.
Council Member/Commissioner McCammack had concerns regarding event
sponsors and partners, discrepancies in the total amount requested, math errors,
and the report from the Ways and Means Committee, and requested that the
information be provided to them at the next Council meeting.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the matter be continued to the
Council/Commission meeting of March 17, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Kelley.
17. RES. 2008-72 — Resolution of the Mayor and Common Council of the City of
San Bernardino ratifying the submittal of a grant application to the David
and Lucille Packard Foundation, and accepting said grant, and authorizing
the City Manager to execute grant documents. (Continued from February 19,
2008)
Council Member/Commissioner McCammack expressed concern that this item
had not gone to the Grants Ad Hoc Committee prior to coming before the full
Council.
Council Member/Commissioner McCammack stated that she supports the concept
of preschool for every child; however, if they have to invest any money into this
program other than the 15 percent of staff time, she made it clear that she would
oppose it at that time.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
9 03/03/2008
Resolution No. 2008-72 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Kelley.
COMMUNITY DEVELOPMENT COMMISSION
Staff present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Johnson, McCammack; City Attorney Penman, Economic
Development Agency Interim Executive Director Marzullo and Special Counsel Sabo.
Absent: Council Member/Commissioner Kelley.
R18. Joint Public Hearing - TELACU Housing - San Bernardino IV, Inc., 2008
HOME Funds Loan and Grant Development Agreement (IVDA
Redevelopment Project Area) (Continued from February 19, 2008)
Resolution of the Mayor and Common Council of the City of San Bernardino
approving 1) an amendment to the City's 2005-2010 Five -Year Consolidated
Plan and the 2007-2008 Annual Action Plan, and 2) the allocation of $3.2
million in Federal HOME CHDO Grant Funds to TELACU Housing - San
Bernardino IV, Inc., a California non-profit public benefit corporation
("Developer") (IVDA Redevelopment Project Area). (R18A)
Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Interim Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency") to execute
the 2008 HOME Funds Loan and Grant Development Agreement by and
between the Agency and TELACU Housing - San Bernardino IV, Inc., a
California non-profit public benefit corporation ("Developer") (IVDA
Redevelopment Project Area). (R18B)
The hearing remained open.
Submitted into the record was a document titled, "TELACU - R18,
REVISIONS," dated March 3, 2008, which noted the revisions that had been
made to pages 1 and 2 of the staff report, page 1 of the Community Development
Commission resolution, and page 14 of the agreement.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that said
resolutions A & B, be adopted. (Note: No vote was taken.)
Council Member/Commissioner McCammack stated that she was confused
because she thought the Council had previously discussed the improbability of
this project going through because of some major investment that had been made.
10 03/03/2008
Interim Executive Director Marzullo stated that that discussion was regarding
TELACU V. He requested that this item be continued for two weeks in order to
clarify any questions and/or concerns that Council Member/Commissioner
McCammack may have.
No public comments were received.
Council Member/Commissioner Baxter made a substitute motion, seconded by
Council Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of March 17, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Kelley.
R19. Shandin Hills Golf Course Lease - Consent to Assignment of Lease to CNL
Income EAGL Leasehold Golf, LLC (State College Redevelopment Project
Area)
RES. CDC/2008-9 - Resolution of the Community Development Commission
of the City of San Bernardino approving the assignment of the 1985 Shandin
Hills Golf Club Lease along with its amendments, from Shandin Hills Golf
Club, a California corporation, to CNL Income EAGL Leasehold Golf, LLC,
a Delaware Limited Liability Company, and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute (1) the Consent to Assignment of Lease
and Sublease, Assumption of Lease Obligations and Release; (2) the Estoppel
Certificate; (3) the Memorandum of Understanding; and (4) the
Memorandum of Lease (State College Redevelopment Project Area).
Council Member/Commissioner McCammack stated that she would have to
abstain on this matter because Shandin Hills Golf Club is a client of her business.
Warner Hodgdon, 405 E. Arrowhead Road, San Bernardino, CA, discussed and
submitted into the record two reports titled, "Shandin Hills Golf Course -
Consent to Assignment of Lease to CNL Income EAGL Leasehold Golf, LLC
(State College Project Area)," dated March 3, 2008.
Paul Ballam, speaking on behalf of the new lessee, stated that the golf course is
in excellent condition and that usage and revenues are at all time highs. He stated
that over the last three years American Golf privately funded several
improvements including ADA upgrades, renovation of the banquet facility, and
upgrades to the kitchen. He stated that they appreciate the City's commitment to
the golf course.
11 03/03/2008
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. CDC/2008-9 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Kelley.
20. Public Comments
Kimberly Miller, 1660 Kendall Drive, #110, San Bernardino, CA, social work
student at Cal State, spoke about the need to provide educational assistance to
women who leave prison and have no place to go.
Patryce Sinktield, P.O. Box 2091, Rancho Cucamonga, CA, social work student
at Cal State, asked if the City could provide a facility for female parolees and
their children.
Lewis Whilden, 4007 Verdugo Road, Los Angeles, CA, spoke regarding the
Homeowners and Bank Protection Act of 2007.
Tom Seccombe, 242 E. 4' Street, San Bernardino, CA, stated that he has made
several calls to the City to complain about the street lights on his street that have
been out for over a month and nothing is being done.
21. Adjournment
At 7:23 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, March 17, 2008, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
No. of Items: 21
No. of Hours: 6
RACHEL G. CLARK
City Clerk
Linda Sutherland
Deputy City Clerk
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