HomeMy WebLinkAbout01-07-2002 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JANUARY 7,2002
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 Valles at 8:07 a.m., Monday, January 7, 2002, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Valles; Council Members/Commissioners Lien, McGinnis, Schnetz,
Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Council Member/Commissioner Estrada.
1. Closed Session (See related Agenda Item Nos. 22 and SI - pages 12
&17)
Pursuant to Government Code Sections:
A. Conference with legal counsel - extstmg litigation - pursuant to
Government Code Section 54956.9(a):
Jaime Alvarez, et aL v. City of San Bernardino - United States District
Court Case No. CV 00-03048;
Stubblefield Construction Company, et aL v. City of San Bernardino, et
aL - San Bernardino Superior Court Case No. SCV 252058;
Richard P. Avila, an individual, Avila Construction, Inc., a California
Corporation, v. Mike Grubbs, an individual, Ray
Casey, an individual, James Funk, an individual, et aL - San Bernardino
Superior Court Case No. SCVSS 084862.
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.
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C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6.
Negotiator:
Fred Wilson, City Administrator
Under Negotiation:
Police Managers
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
1.
Property Address:
APN 0261-191-06
Negotiating Parties:
Fred Wilson, on behalf of the City
and Gary Van Osdel on behalf of
the Redevelopment Agency and
Beamco, Lt.
Under Negotiation:
Purchase terms & conditions
2.
Property Address:
HUB Properties
Negotiating Parties:
0281-081-01
0281-081-02
0281-081-03
0281-081-04
Gary Van Osdel for the Redevelopment Agency
and
Cecilia Moreno
Cecilia Moreno
Cecilia Moreno
Janice S. Casey
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0281-081-05
0281-082-05
0281-082-06
0281-082-07
0281-082-08
0281-082-09
0281-082-10
0281-082-11
0281-082-12
0281-082-13
0281-082-14
0281-082-15
0281-082-16
0281-082-17
0281-082-26
0281-082-27
0281-082-28
0281-082-29
0281-082-30
0281-082-32
0281-082-33
0281-082-34
0281-082-35
0281-082-36
0281-082-37
0281-082-38
0281-082-39
0281-082-40
0281-082-41
0281-082-55
0281-082-57
0281-083-01
0281-083-02
0281-083-04
0281-083-05
0281-083-06
0281-083-07
0281-083-08
0281-083-09
0281-083-10
0281-083-11
0281-083-12
Gina Ranlirez
Gerry C. Politano & Lea G. Politano
Cruz A vila & Leonor A vila
Ronnie E. Searcy & Susan Ann Searcy
Jose T. Castaneda & Brenda Castaneda
Anthony Grgec & Gloria E. Grgec
Anthony Grgec & Gloria E. Grgec
Angelina Rodriguez Coeur
Alta J . Moffitt
Charles 1.. Brown
Elisa 1.. Gurrola & Evangelina 1.. Montez
Juan P. Trujillo & Consuelo Y. Trujillo
Chia-Ping Hwang & Mei Fan Hwang
Enrique Villapando & Mary Villapando
West End Investments
Kreten Jakobsen & Rebecca G. Jakobsen
Kreten Jakobsen & Rebecca G. Jakobsen
Neil Calvin Hansen, Jr. & Sandra Kay Hansen
Ronald Norris & Phyllis Norris
David V. Kon, Trustee
David V. Kon, Trustee
Juan P. Trujillo & Consuelo Y. Trujillo
Roberto O. Betancourt & Rita M. Betancourt
Pedrito B. Tongpo & Perida L Tongpo
Pedrito B. Tongpo & Perida L Tongpo
Henry W. Shelton & Betty J. Shelton
George R. Hallock & Janet Knickerbocker
Altegra Credit Co
Blue Diamond Unlimited, Inc
Henry W. Shelton & Betty J. Shelton
Vibhakerbhai B. Patel & Vimalaben Patel
Alfred Anthony Simental
1..1..c., A CA Limited Liability Co.
Jaks, 1..1..c., A CA Limited Liability Co.
Henry W Shelton & Betty J. Shelton
Henry W. Shelton & Betty J. Shelton
Leo Rittenhouse
Harold P. Luke & Chintana V. Luke
J. C. Hancock & Lorean Hancock
Henry W. Shelton & Betty J. Shelton
Victor M. Castillo
Fern L Kopitzke, Trustee
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0281-083-13
0281-083-14
0281-083-15
0281-083-16
0281-083-17
0281-083-18
0281-083-20
0281-091-39
Under Negotiation:
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Purchase terms & conditions
Council Member/Commissioner Estrada Arrived
At 8: 16 a.m., Council Member/Commissioner Estrada arrived at the
Council/Commission meeting.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular and supplemental agenda of the Mayor and Common Council
and Community Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Father Patricio Guillen of Libreria del Pueblo, followed
by the pledge of allegiance, led by Council Member/Commissioner Lien.
2. Appointments.
There were no Commission appointments.
3. Proclamations & Presentations
There were no proclamations or presentations.
4. Announcements
Mayor Valles extended her condolences to the families of the following
individuals who passed away during the past two weeks-Paul Collette and
Danny Marquez, Jr., employees with the San Bernardino Employment and
Training Agency; Mary Santolucito, grandmother of Council
Member/Commissioner Schnetz; and Dr. Joyce Cozza, one of San Bernardino's
distinguished educators--and requested a moment of silence in their memory.
Announcements were made by Mayor Valles, members of the Common
Council, elected officials, and a representative from the Chamber of Commerce
regarding various civic, community, and chamber events and activities.
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5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that full reading of the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common
Council/Community Development Commission be waived.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
6. Claims & Payroll
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the claims and payroll and the authorization
to issue warrants as listed on the memorandum dated December 28, 2001, from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
7. Personnel Actions
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the personnel actions as submitted by the
Chief Examiner dated December 26, 2001, 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, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
8. ORD. MC-1114 - An Ordinance of the City of San Bernardino amending
Title 6 of the San Bernardino Municipal Code relating to animals. FINAL
READING
The following individuals spoke in opposition to the ordinance; in particular,
those sections dealing with cats and the establishment of a five-cat quota:
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1/7/2002
Lorraine Shelton, 541 N. Main Street, #104-134, Corona, CA;
George Eigenhauser, Regional Director, Cat Fanciers Association, 8880 Rio
San Diego, Ste. 800, San Diego, CA; and
Suzanne Baron, 13362 Poway Road, Poway, CA.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said ordinance be adopted.
Ordinance No. MC-I114 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
9. Authorize submittal of grant application to Mobile Source Air Pollution
Reduction Review Committee (MSRC) - "Rideshare to Rails" Commuter
Rail Station Rideshare Incentive Program - $24,000
Council Member/Commissioner Estrada requested a copy of the survey
referenced in the staff report, and City Administrator Wilson advised that staff
had requested a copy from SANBAG and would make it available as soon as
they received a copy.
Council Member/Commissioner Schuetz made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council
approve submission of the grant application.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez. Nays:
None. Absent: Council Members/Commissioners Anderson, McCammack.
10. Authorize budget amendment reimbursement from Economic
Development Agency budget to Code Compliance budget - to reflect the
Agency's contribution to the Los Padrinos Services Agreement
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council authorize
the Finance Director to amend the FY 2001-2002 adopted budget and increase
the Code Compliance Department budget by $166,700 and Economic
Development Agency revenue reimbursement in a corresponding amount to
reflect the contract/abatement costs to he reimbursed with Community
Development Block Grant (CDBG) funds.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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1/7/2002
11. Resolutions awarding contracts for various Landscape Maintenance
Assessment Districts
RES. 2002-1 - Resolution of the City of San Bernardino awarding a contract
to Golden West Landscape Contractor for the maintenance of landscaping
in Assessment District Nos. 976, 991, 997,1017 & 1025 (Area "A"). (l1A)
RES. 2002-2 - Resolution of the City of San Bernardino awarding a contract
to Trugreen Landcare for the maintenance of landscaping in Assessment
District Nos. 951, 952, 1002 & 1019 (Area "B"). (l1B)
RES. 2002-3 - Resolution of the City of San Bernardino awarding a contract
to D.M.S. Landscape Services for the maintenance of landscaping in
Assessment District No. 959 (Area "C"). (l1C)
RES. 2002-4 - Resolution of the City of San Bernardino awarding a
contract to D.M.S. Landscape Services for the maintenance of landscaping
in Assessment District No. 982 (Area "D"). (l1D)
RES. 2002-5 - Resolution of the City of San Bernardino awarding a contract
to Trugreen Landcare for the maintenance of landscaping in Assessment
District Nos. 993 & 1005 (Area "E"). (l1E)
RES. 2002-6 - Resolution of the City of San Bernardino awarding a contract
to R P Landscape and Irrigation for the maintenance of landscaping in
Assessment District No. 953 (Area "F"). (l1F)
RES. 2002-7 - Resolution of the City of San Bernardino awarding a contract
to R P Landscape and Irrigation for the maintenance of landscaping in
Assessment District Nos. 974, 975, 981, 986, 989, 1001, 1007, 1012 & 1020
(Area "G"). (l1G)
RES. 2002-8 - Resolution of the City of San Bernardino awarding a contract
to Trugreen Landcare for the maintenance of landscaping in Assessment
District Nos. 956, 968, 1016, 1023 & 1027 (Area "H"). (11H)
RES. 2002-9 - Resolution of the City of San Bernardino awarding a contract
to Trugreen Landcare for the maintenance of landscaping in Assessment
District No. 1024 (Area "I"). (111)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolutions A-I, be adopted.
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1/7/2002
Resolution Nos. 2002-1 through 2002-9 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
12. Determine public convenience or necessity - Type 47 Liquor License (on-sale
General - Eating Place) - existing sports bar/pool room/restaurant - 194
West Club Center Drive, No. A
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council make a
determination that the public convenience or necessity is served and direct the
Development Services Department to send a letter to the Department of
Alcoholic Beverage Control for a Type 47 (on-sale General - Eating Place)
license for an existing sports bar/pool room/restaurant located at 194 West Club
Center Drive, No. A.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez. Nays:
None. Absent: Council Members/Commissioners Anderson, McCammack.
13. Reject all bids - seismic retrofit of five-level parking structure - direct staff
to rebid project
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council reject all
bids for the seismic retrofit of the five-level parking structure and direct staff to
re-bid the project as described in the staff report dated December 18, 2001,
from James Funk, Director of Development Services.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, Schnetz, Suarez, McCammack. Nays:
None. Absent: Council Members/Commissioners: McGinnis, Anderson.
14. RES. 2002-14 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a Freeway Agreement and a Memorandum of
Understanding with the State of California, Department of Transportation
(Caltrans) for the right-of-way acquisition and construction of the State
Route 215 Freeway.
Council Member/Commissioner Estrada expressed her concerns relative to
keeping the residents and businesses directly affected by the project well
informed as to what is going on--that there needs to be a plan in place to
accomplish this and keep dialogue open. She added that it is important that
those affected be able to voice their concerns and have a forum where their
questions can be addressed during the project construction period.
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1/7/2002
Ms. Estrada advised that there have been inquiries as to whether the City can
help or assist these businesses to survive during the two to four years it will take
to complete the project, and suggested that maybe some kind of a meeting
schedule can be developed to conduct meetings with these businesses along the
way in an effort to see how the City can assist them.
Deputy Director/City Engineer Casey advised that there has been a commitment
by CaItrans to have ongoing public information meetings during the construction
of the project. In addition, CaItrans and SANBAG have both committed to
making every effort to keep Fifth Street open in order to help the businesses in
that area, and this is reflected in the MOU.
Council Member/Commissioner Lien stated that she would like to be involved in
the actual structuring of what the outreach efforts will be.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-14 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Abstentions: Council Member/Commissioner McCammack.
Absent: None.
15. RES. 2002-15 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a Freeway Agreement and a Memorandum of
Understanding (MOD) with the State of California, Department of
Transportation (CaItrans) for the right-of-way acquisition and construction
of the State Route 210 Freeway westerly of "H" Street.
Council Member/Commissioner McCammack inquired whether the height and
level of sound-proofing of the proposed sound walls was based on future
expanded use of the freeway or on current plans only, noting that this has been a
big problem at other locations of the freeway.
John Bumps, Design Branch Chief, Caltrans. advised that the analysis done for
sound walls is outlined by both state and federal law; that they look at the
opening first-day sound levels, as well as the 20-year build-out of the freeway
sound levels, and design the sound wall height and length for the worst case.
However, the sound walls are designed for the existing land use at the time the
freeway is designed.
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
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Resolution No. 2002-15 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
16. RES. 2002-10 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a contract with Lawrence
W. Rosine Co. for the installation of a Tarkett gymnasium floor at the San
Bernardino Boys' and Girls' Club in the amount of $53,900.00
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2001-2002 Facilities
Management budget to increase the expenditure Account No. 001-325-5505 by
$50,000 and increase the corresponding revenue Account No. 001-000-4651 by
$50,000 to reflect reimbursement to be received from the County of San
Bernardino.
The motion carried and Resolution No. 2002-10 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None.
17. Resolution of the City of San Bernardino approving the destruction of
certain obsolete records by the San Bernardino Police Department.
Mayor/Chairman Valles requested that this matter be continued until the new
Police Chief could review the records prior to destruction.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commission Estrada, that the matter be tabled.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
18. RES. 2002-11 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to the annual purchase order to
Matich Corporation and Vulcan Materials/Cal Mat Division, to supply
materials for roadway pavement repairs utilized by the Public Services
Street Division.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2001-2002 Street budget and
transfer $30,000 from Account No. 001-402-5502, Professional/ Contractual to
Account No. 001-402-5111, Materials and Supplies.
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1/7/2002
The motion carried and Resolution No. 2002-11 was adopted by the following
vote: Ayes: Council Members/Commissioners Lien, McGinnis, Suarez,
Anderson, McCarnmack. Nays: None. Abstentions: Council
Members/Commissioners Estrada, Schnetz. Absent: None.
19. RES. 2002-12 - Resolution of the Mayor and Common Council of the City
of San Bernardino for ratification of a grant application to help fund a
public-access LNG/LCNG fueling facility.
Lynn Merrill, Director of Public Services. explained that the Air Quality
Management District has adopted rules that require the City to move toward
alternative fuel vehicles; particularly, in the area of refuse equipment.
Council Member/Commissioner Estrada pointed out that the location currently
proposed for this fueling facility is very close to residential properties. She
noted that this is very new technology and questioned whether acceptance of the
grant would mandate that the facility be placed at this location.
Mr. Merrill stated that the only mandate he was aware of involved fuel
alternatives, and he did not know of anything which mandated the location of
the facility.
Ms. Estrada recommended that the Council ask the Mayor to convene a meeting
with staff (which she would like to be a part of) to talk about some of the
problems and issues associated with constructing this new LNG/LCNG fueling
facility and how these problems will be addressed, prior to beginning the
project. She stated she felt it was important to alert the neighbors of what is
going on and to receive input from the residents and the community before
pursuing this conversion.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Lien, that said resolution be adopted.
Resolution No. 2002-12 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez. Nays:
None. Absent: Council Members/Commissioners Anderson, McCammack.
20. League of California Cities - Legislative Task Force Update
Council Member/Commissioner Lien advised that the task force had not been
meeting regularly; however, there had been a meeting with the local legislators
regarding the state's budget crisis. She stated she believes we are in a good
position as a region, but would have more to report in February.
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21. RES. 2002-16 - Resolution of the Mayor and Common Council of the City
of San Bernardino opposing the fueling operations of the Omnitrans Facility
at 1700 West 5th Street and demanding that such facility be relocated to an
area safely away from residential property.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-16 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
22. Closed session (luncheon workshop) (See related Agenda Item Nos. 1 & SI,
pages 1 and 17)
Pursuant to Government Code Section 54956.9(a):
City of San Bernardino Municioal Water Deoartment v. The United States
Department of the Armv - United States District Court Case No. CV 96-8867
consolidated with CV 96-5205.
(Note: The Council/Commission reconvened from the luncheon workshop at
2: 13 p.m. and immediately went into closed session under Agenda Item No. 1
until 3:52 p.m., at which time they reconvened for the Community
Development Commission.)
There were no public announcements following the closed session.
Community Development Commission/San Bernardino Joint Powers Financing
Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San
Bernardino Associated Communities Financing Authority - Joint Regular Meeting
At 3:59 p.m., Mayor/Chairman Valles called to order the joint regular meeting of the
Community Development Commission/San Bernardino Joint Powers Financing
Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San
Bernardino Associated Communities Financing Authority and Mayor and Common
Council.
Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Valles; Council Members/Commissioners Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle,
Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic
Development Agency Executive Director Van Osdel. Absent: None.
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1/7/2002
R23. Public hearing - sale of certain real properties to the San Bernardino City
Unified School District (Note: No backup material was submitted.)
Resolution of the Community Development Commission approving and
authorizing the Redevelopment Agency of the City of San Bernardino to sell
certain vacant parcels located at 9th & Del Rosa (AP#278-061-54, 68, 74 &
75; 278-201-30, 31, 32, 33 & 34); and certain other vacant parcels located
on 20th Street between Arden and Guthrie (2241, 2251, 2261, 2271, 2291,
2311, 2321, 2331, 2371, 2381 and 2391 20th St.), collectively hereinafter
referred to as the "Properties." (R23A)
Resolution of the Mayor and Common Council of the City of San
Bernardino acknowledging receipt of that certain 33433 Summary Report
and consenting to the sale of the Properties (9th/Del Rosa - AP#278-061-54,
68, 74, & 75; 278-201-30, 31, 32, 33 & 34) and certain other vacant parcels
located on 20th Street between Arden and Guthrie (2241, 2251, 2261, 2271,
2291, 2311, 2321, 2331, 2371, 2381 and 2391 20th Street) by the
Redevelopment Agency of the City of San Bernardino to the San
Bernardino City Unified School District and acknowledging receipt of a
report relating to the sale of said Properties. (R23B)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the hearing be continued to January 22,
2002.
Council Member/Commissioner Suarez removed his second for the purpose of
discussion.
Council Member/Commissioner Estrada requested that when the matter is
brought back on January 22 that the property located at 9th and Del Rosa be
presented separately for voting purposes.
Council Member/Commissioner Suarez reinstated his second.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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R24. RES. CDC/2002-1 - Resolution of the Community Development Commission
of the City of San Bernardino referring certain additional properties to the
Inland Valley Development Agency for acquisition pursuant to that certain
1999 Redevelopment Cooperation Agreement, dated July 12, 1999,
regarding the HUB Project and approving other actions in connection
therewith.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. CDC12002-1 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez,
Anderson. Nays: None. Abstentions: Council Member/Commissioner
McCammack.
R25. RES. CDC/2002-2 - Resolution of the Community Development Commission
authorizing the Agency Chairperson, or his/her designee, to execute the
Home Grant Agreement in the amount of $300,000 by and between the
Redevelopment Agency and TELACU Housing-San Bernardino, Inc., a
California non-profit corporation (the "Developer")- Senior Housing
Development at 602-666 West 6th Street, (Central City North Redevelopment
Project Area).
Tom Prevencio, Vice President for The East Los Angeles Community Union
(TELACU), provided information on the TELACU Corporation, stating that
they were established in 1968 as an off-shoot to the war on poverty during the
Johnson administration. He noted that TELACU is a very multi-faceted
company with a number of different entities, including for profit and nonprofit,
which was originally 100 percent dependent on the Federal Government for
funding, but has moved to being a self-sufficient entity.
Greg Villanueva, architect for the project, provided information on the
architectural details of the complex and surrounding landscaping. He also
answered questions regarding the proposed parking accommodations and
measures taken to discourage graffiti.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. CDC12002-2 was adopted by the following vote:
Council Members/Commissioners Estrada, Lien, McGinnis, Schuetz,
Anderson, McCammack. Nays: None. Absent: None.
Ayes:
Suarez,
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R26. RES. CDC/2002-3 - Resolution of the Community Development Commission
of the City of San Bernardino (1) appro,'ing and authorizing the Agency
Chairperson, or its designee, to execute the 2002 Home Community Housing
Development (CHDO) Loan Agreement by and between the Redevelopment
Agency and Frazee Community Center related to Frazee's Affordable
Housing Program in the north Arden Guthrie area and (2) authorizing the
Agency to accept title from Frazee for the properties located at 2094 & 2104
McKinley and 2141 Dumbarton and to demolish improvements on said
properties.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted.
Council Member/Commissioner Lien expressed concern regarding the Crescent
Avenue project, since the loan is forgivable for a 25-year period and the
property is within the Specific Plan that is being developed for the area between
Baseline and Mill Street and the 215 Freeway and "E" Street. She felt it would
be in the best interest of Frazee and the Agency to address the issue that if
development should occur in less than 25 years, and should Frazee be asked to
relocate, that language be included in the agreement to deal with that possibility.
Maggie Pacheco, Deputy DirectorfDirector Housing & Community
Development, stated that staff could incorporate a provision that requires Frazee
to cooperate in the event that issue comes up, stating that the parties would
come together to develop an alternative plan.
Resolution No. CDC/2002-3 was adopted by the following vote:
Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz,
Anderson, McCammack. Nays: None. Absent: None.
Ayes:
Suarez,
R27. Development of Agency owned land - northeast corner of California & 16th
Streets - Century Crowell Communities - Northwest Redevelopment Project
Area
RES. CDC/2002-4 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Agency Chairperson, or its designee, to execute an amendment
("Amendment No.2") to that certain Disposition and Development
Agreement dated July 19, 1999, (The "DDA") and subsequently amended
on December 4, 2000, by and between the Redevelopment Agency and
Century Crowell Communities, L.P., ("Developer") - Development of 38
parcels located within the Northwest RedeYelopment Project Area. (R27A)
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RES. 2002-17 - Resolution of the Mayor and Common Council of the City
of San Bernardino (1) acknowledging receipt of a Summary Report relating
to the proposed Amendment No. 2 to that certain Disposition and
Development Agreement dated July 19, 1999 and subsequently amended on
December 4, 2000, by and between the Agency and Century Crowell
Communities, L.P., ("Developer"), and (2) authorizing the sale by the
Redevelopment Agency of the 38 parcels located at the northeast corner of
California and 16th Streets to the Developer-Northwest Redevelopment
Project Area. (R27B)
Maggie Pacheco, Deputy Director/Director Housing & Community
Development, provided an overview of the staff report and the agreement. She
noted that there had been two changes to the agreement-one relative to the due
diligence period and the other regarding payments to the Developer. (Note:
Said changes were incorporated into the final motion.)
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner Lien, that said resolutions, A & B, be adopted,
including two changes to the agreement as follows: (1) The due diligence
period shall be changed from 30 days to 60 days; and (2) the disbursement draw
of $710,400 will be paid to the developer in three installments--one installment
at the close of escrow, with a second payment during the course of construction,
to equal 60 percent of the $710,400; and a final payment of the remaining 40
percent to be released when the total project is completed.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
28. Public Comments
Noel Escamilla, National Spoksman for Nation to Nation, a United Nations net
aid organization partner and a program of Friends of Russell Latimer, Inc., a
501 (c) (3) nonprofit corporation established in 1992, which raises funds and
donations of medical equipment for needy nations. Mr. Escamilla and Ibo
Dadzee, Ghana Bureau Chief for Nation to Nation, spoke regarding fund-raisers
they will be sponsoring every Thursday beginning February 7 at Carlos
O'Brien's restaurant to raise money for their Aids relief project.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the
health problems being experienced by workers at the World Trade Center,
which he believes are due to the depleted uranium used in the wings of the
aircraft as stablizers. He compared the situation to the health dangers which
could affect the residents of San Bernardino due to the polluted water stream
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coming from the former Norton Air Force Base. Mr. Lindberg submitted
copies of various documents into the record.
Elena Labistida, Alvarez & Associates, 201 North E Street, San Bernardino,
CA, pointed out discrepancies in the audit report conducted by. the Harvey M.
Rose Accountancy Corporation of the City of San Bernardino's Economic
Development Agency's contractual relationship with Alvarez & Associates for
services related to the Acquisition, Rehabilitation and Resale Program and
Mortgage Assistance Program.
Jaime Alvarez, Alvarez & Associates, 201 North E Street, San Bernardino,
CA, also pointed out discrepancies in the audit report conducted by Harvey M.
Rose Accountancy Corporation; and advised that there were no negative
findings in the audit performed by the Department of Housing and Urban
Development. Mr. Alvarez submitted copies of several documents into the
record including letters, staff reports, and a document titled, San Bernardino
Actual Property Statistics Report dated 1/4/2002.
S1. Closed Session (See related Agenda Item Nos. 1 and 22, pages 1 and 12)
Pursuant to Government Code Section:
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City v. Stampede Baseball
There were no public announcements following the closed session.
S2. RES. 2002-13 - Resolution of the Mayor and Common Council of the City
of San Bernardino rescinding Resolution No. 2001-330 and authorizing the
execution of a revised Professional Services Agreement between Mundell,
OdIum, & Haws and the City of San Bernardino to represent the City in the
case of Lavon Dwyer, et at. v. City of San Bernardino, et at.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-13 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez. Nays:
None. Absent: Council Members/Commissioners Anderson, McCammack.
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29. Adjournment
At 5:05 p.m., the meeting was adjourned to 9 a.m., Monday, January 14,2002,
in the Council Chambers of City Hall, to consider closed session item Nos. 1
and S1. The next joint regular meeting is scheduled for 8 a.m., Tuesday,
January 22, 2002, in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
By:
RACHEL G. CLARK
City Clerk
U24~J
Linda E. Hartzel ,)
Deputy City Clerk
No. of Items: 31
No. of Hours: 9
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