HomeMy WebLinkAbout08-20-2001 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
AUGUST 20, 2001
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
8:15 a.m., Monday, August 20,2001, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
Roll Call
Roll call was taken by Deputy City Clerk Medina with the following being present:
Mayor/Chairman Valles; Council Members/Commissioners Estrada, Schnetz, Anderson,
McCammack; City Attorney Penman, Deputy City Clerk Medina, Code Compliance Director
Baude. Absent: Council Members/Commissioners Lien, McGinnis, Suarez.
City Clerk Medina Excused
At 8:15 a.m., Deputy City Clerk Medina left the Council/Commission meeting and was
replaced by City Clerk Clark.
Council Member/Commissioner Suarez Arrived
At 8:29 a.m., Council Member/Commissioner Suarez arrived at the Council/Commission
meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to Government
Code Section 54956.9(a):
Rhami Ghandour v. Citv of San Bernardino. et al. - San Bernardino Superior
Court Case No. SCVSS 70142;
Bailev v. Citv of San Bernardino. et al. - United States District Court Case No.
EDCV 00-00991 V AP (SGLx);
Victoria Development Company v. Henri Traugott. et al. and Cross-Actions -
San Bernardino Superior Court Case No. SCVSS 075996.
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B. Conference with legal counsel - anticipated litigation - significant exposure to
litigation - pursuant to subdivision (b) (1). (2), (3) (A-F) of Government Code
Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of litigation -
pursuant to subdivision (c) of Government Code Section 54956.9.
D. Conference with legal counsel - 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:
Ed Raya, Human Resources Director
Employee Organization:
San Bernardino Public Employees Association - General Unit
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
Propertv Address:
Parcel Il former Norton Air Force
Base
Gary Van Osdel on behalf of the City of San
Bernardino and John Magness on behalf of
Hillwood Development
Sale/Lease terms & conditions
Negotiating Parties:
Under Negotiation:
City Attorney Penman announced that the following additional case would be discussed
in closed session:
Avila Construction. rnc.. a California Corporation: Richard P. Avila. an individual
v. Citv of San Bernardino. a municipal corporation: Inland Valley Development
Aflencv (IVDA). a ioint powers authority: Alex Estrada. an individual: Rav Casev.
an individual: Mike Grubbs. an individual: Rich Aspril. an individual: Henry
Empefio. an individual: DOES 1 through 10. inclusive - Case No. EDCV 01-0582
V AP (SGL).
Mr. Penman announced that the City had just received the following lawsuit and
recommended it be referred to Mr. Arias of Lewis, D' Amato, Brisbois and Bisgaard:
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David M. Sanborn dba D. M. Sanborn Pipeline Contractors v. Avila Construction
Inc.. a Corporation. City of San Bernardino. DOES 1 throuil"h 10 inclusive - San
Bernardino Superior Court Case No. SCVSS 078410.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the above matter be referred to Mr. Arias of
Lewis, D' Amato, Brisbois and Bisgaard.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council
Members/Commissioners Lien, McGinnis.
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.
Invocation/Pledge of Allegiance
The invocation was given by Elder 1. Lee Ward of the Trinity Mission Church of God in
Christ, followed by the pledge of allegiance, led by Council Member/Commissioner Schnetz.
2. Appointment - Board of Police Commissioners - Jan Misquez - Council
Member/Commissioner McGinnis
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Suarez, that the appointment of Jan Misquez to the Board of
Police Commissioners, as requested by Council Member/Commissioner McGinnis, be
approved.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council
Members/Commissioners Lien, McGinnis.
3. Proclamations, Presentations, and Service Pin Awards
A Lifetime Achievement Award was presented to Congressman Lewis by the Business
Press Publisher, Wendy Mattioli; Editor, Randy Drummer; Vice President of Finance
and Operations, Ed Lasak; and Nominator, Ann Atkinson.
Delegates from Kigali, Rwanda were present to sign the documents officially making
Kigali, Rwanda San Bernardino's tenth Sister City. Kevin Biggers from Governor
Gray Davis' Office read a proclamation declaring August 20, 2001, as San
Bernardino/Kigali Sister Cities Day.
Charlie Seymour, Adopt a Bike and Computer and Golf Academy, was presented a
check for $5,000 by Steve Henthorn, Jason Evans, and John Jamerson, which
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represented proceeds from the Convention and Visitors Bureau Spring Celebrity Golf
Tournament.
Reports on the historical background and current status of the Tri-Centennial
Commission were submitted to the Mayor and Common Council by City Clerk Clark
and Dr. William R. Coleman.
Teri Rubi, Executive Assistant to the Mayor. read the names of the following
individuals who were presented a service pin award by Mayor/Chairman Valles in
recognition of their many years of dedicated service to the City:
Name
Daniel Alvarez
Francisco Villalobos
Ed Raya
Jill Fonzi
Donna Rutherfurd
Carl Williams, Ir.
Department
Animal Control
Development ServIces
Personnel
Police
Police
Police
Years of Service
20
15
5
5
15
15
4. Announcements
Announcements were made by the Mayor and Common Council, elected officials, and
the Chamber of Commerce regarding various civic, community, and chamber
events/activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that full reading of the resolutions and ordinances on
the regular agenda of the Mayor and Common Council/Community Development
Commission, be waived.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council
Members/Commissioners Lien, McGinnis.
6. Council Minutes
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that the minutes of the following meetings of the
Mayor and Common Council/Community Development Commission of the City of San
Bernardino, be approved as submitted in typewritten form: June 6, 2001; and June
26,2001.
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The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council
Members/Commissioners Lien, McGinnis.
7. Claims & Payroll
Council Member/Commissioner Anderson 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 August 15, 2001 from Barbara
Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council
Members/Commissioners Lien, McGinnis.
8. Personnel Actions
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that the personnel actions as submitted by the Chief
Examiner dated August 14,2001, 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, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council
Members/Commissioners Lien, McGinnis.
9. RES. 2001-250 - A resolution of the City of San Bernardino amending Resolution
No. 1999-173 relating to Dine & Dance/Entertainment License Fee.
10. ORD. MC-llOl - An ordinance of the City of San Bernardino amending Chapter
G19.10 (Development Design Guidelines) of the San Bernardino Municipal Code
(Development Code) to add text establishing commercial design guidelines for the
40th Street Redevelopment Project Area. FINAL READING
11. RES. 2001-251 - Resolution of the City of San Bernardino approving Amendment
No. 1 to Professional Services Agreement with Korve Engineering, Inc. for
preparing final plans, specifications, and estimate for the design of street
improvements on Pepper Linden.
12. RES. 2001-252 - Resolution of the City of San Bernardino amending Resolution
No. 655 entitled, in part, "A resolution...designating certain streets, or portions
thereof as through highways..." and authorizing the installation of a one-way stop
at the intersection of Pico A venue and King Street.
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13. RES. 2001-253 - Resolution of the City of San Bernardino amending Resolution
No. 655 entitled, in part, "A resolution...designating certain streets, or portions
thereof as throngh highways..." and establishing a three way stop at the
intersection of Universal Avenue and Cambridge Avenue.
14. RES. 2001-254 - Resolution of the City of San Bernardino amending Resolution
No. 655 entitled, in part, "A resolution...designating certain streets, or portions
thereof as through highways..." and authorizing the installation of a one-way stop
at the intersection of Kenwood A venue and Niles Street and a two way stop at the
intersection of Kenwood Avenue and Evans Street.
15. RES. 2001-255 - 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 any time
zone on west side of Meridian Avenue between Second Street and three-hundred
feet south of Second Street.
16. RES. 2001-256 - Resolution of the Mayor and Common Council of the City of San
Bernardino approving the DBE goals for Federal Financial Assistance Projects for
the Fiscal Year 200112002, and approving a new DBE Liaison Officer for the
established Disadvantaged Business Enterprise (DBE) Program.
17. RES. 2001-257 - Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Steiny and Company, Inc. for installation of a
signalized pedestrian crossing on 4lh Street between "F" Street and "E" Street per
Plan No. 10059.
18. RES. 2001-258 - Resolution of the City of San Bernardino awarding a contract to
Trugreen Landcare for vine trimming at the San Bernardino Santa Fe Depot.
19. RES. 2001-259 - Resolution approving a Memorandum of Understanding
regarding a cost sharing agreement with G.F.R. Enterprises for debris basin in
Tract No. 12958.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolutions and ordinance be adopted.
Resolution Nos. 2001-250 through 2001-259 and Ordinance No. MC-l10l were
adopted by the following vote: Ayes: Council Members/Commissioners Estrada,
Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council
Members/Commissioners Uen, McGinnis.
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20. RES. 2001-266 - Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City of San Bernardino Fire Department to enter into
an agreement with the Office of San Bernardino County Superintendent of Schools
Regional Occupational Program to provide mentoring services from September 1,
2001 through June 30, 2005.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-266 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Schnetz, Suarez, Anderson, McCammack. Nays:
None. Absent: Council Members/Commissioners Lien, McGinnis.
21. RES. 2001-260 - Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Purchasing Manager to issue an annual purchase order
to Long Beach Uniform in the amount of $40,000.
22. RES. 2001-261 - Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Purchasing Manager to issue an annual purchase order
to AIlstar Fire Equipment Inc. in the amount of $64,000 for replacement of fire
safety clothing.
23. RES. 2001-262 - Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City of San Bernardino Fire Department to enter into
a billing services agreement with Stat Physicians' Services for first responder,
paramedic, and membership program fees.
24. RES. 2001-263 - Resolution authorizing an agreement between the City of San
Bernardino and California State University, San Bernardino providing for the
cooperative uses of the University's outdoor athletic facilities and the City's
Fiscalini Field, and terminating the previous agreement under Resolution 97-26.
25. RES. 2001-264 - Resolution of the City of San Bernardino authorizing the
Purchasing Manager to issue a purchase order in the amount of $52,716 to
Motorola Incorporated of Riverside, CA for the purchase of (40) Motorola
LTS2000 Handie-Talkie (HT) Radios.
26. RES. 2001-265 - Resolution of the City of San Bernardino authorizing an annual
purchase order, with two (2) single year renewal options with Toter Incorporated
for purchase of automated carts for residential refuse services.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolutions be adopted.
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Resolution Nos. 2001-260 through 2001-265 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Members/Commissioners Lien,
McGinnis.
27. RES. 2001-267 - Resolution authorizing the execution of a purchase order to
Nixon-Egli Company for a used Lee-Boy paving machine and a purchase order to
Nixon-Egli Equipment Company for a new Lee-boy emulsion trailer to be utilized
by the Public Services Street Division.
Submitted into the record was an interoffice memorandum from Lynn Merrill, Director
of Public Services, dated August 20, 2001, addressed to the Mayor and Common
Council, which provided additional information regarding the request to purchase a
used Lee-Boy Paving Machine.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Schnetz, that said resolution be adopted conditionally with the
consent of Councij Members/Commissioners Anderson and McCammack upon review
of equipment service records.
The motion carried and Resolution No. 2001-267 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Members/Commissioners Lien,
McGinnis.
28. RES. 2001-268 - Resolution authorizing the Mayor to execute the second
amendment to the agreement between the City and Bryan A. Stirrat and
Associates relating to closure and maintenance engineering services at the fonner
Watennan Landfill.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-268 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Schnetz, Suarez, Anderson, McCammack. Nays:
None. Absent: Council Members/Commissioners Lien, McGinnis.
29. RES. 2001-270 - Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing establishment of a voluntary contribution check-off
program to support Action for Better Cities through voluntary financial assistance.
Henry Nickel, 12410 Overcrest Drive, Yucaipa, CA, stated that he wanted to call
attention to the larger issue of looking to outside faith-based initiatives as a vital part of
recreating and contributing to the progress of the City of San Bernardino.
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Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Schnetz, that said resolution be adopted.
Resolution No. 2001-270 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Schnetz, Suarez, Anderson, McCammack. Nays:
None. Absent: Council Members/Commissioners Lien, McGinnis.
30. ORD. MC-ll02 - An ordinance of the City of San Bernardino amending Section
8.24.280 of the San Bernardino Municipal Code relating to violation and penalty of
Chapter 8.24. FINAL READING
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be adopted.
Ordinance No. MC-I102 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Schnetz, Suarez, Anderson, McCammack. Nays:
None. Absent: Council Members/Commissioners Lien, McGinnis.
31. Public Hearing - Resolution authorizing execution of agreement - Sale of City
property, northwest of University Parkway, northeast of Kendall Drive
RES. 2001-249 - Resolution of the City of San Bernardino directing and
authorizing the execution of a Sales and Purchase Agreement and the execution of
a Quitclaim Deed for the sale of City property generally located northwesterly of
University Parkway, northeasterly of Kendall Drive in the City of San Bernardino.
Mayor Pro TemlVice Chairman Estrada opened tile hearing.
No public comments were received.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Schnetz, that the hearing be closed; and that said resolution be
adopted.
The motion carried and Resolution No. 2001-249 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Members/Commissioners Lien,
McGinnis.
32. An ordinance of the City of San Bernardino adding Section 9.92.010 through
9.92.120 to the San Bernardino Municipal Code to establish an Administrative
Citation Program.
(Note: No backup material was submitted.)
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Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be referred to the Legislative
Review Committee.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council
Members/Commissioners Lien, McGinnis.
33. Authorization to join amicus curiae brief in support of the City of Sacramento in
the case of Barden v. City of Sacramento
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council authorize the
City Attorney to join in the amicus curiae brief in support of the City of Sacramento in
the case of Barden v. City of Sacramento.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council
Members/Commissioners Lien, McGinnis.
34. Ordinance of the City of San Bernardino adding Section 15.16.400 to the San
Bernardino Municipal Code, designating the Building Official as an authorized
representative of the Fire Chief to enforce building standards adopted by the
California State Fire Marshal related to new construction or alterations. FIRST
READING
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council
Members/Commissioners Lien, McGinnis.
35. Resolution of the City of San Bernardino authorizing the Mayor of San Bernardino
to execute a services agreement with the Sun Bernardino City Unified School
District for the operation of the School Crossing Guards Program by the Police
Department. (Continued from July 23, 2001)
Council Member/Commissioner Suarez made a
Member/Commissioner McCammack, that [he
Council/Commission meeting of September 4, 2001.
motion,
matter
seconded by Council
be continued to the
The motion carried by the following vote: Ayes:
Estrada, Schnetz, Suarez, Anderson, McCammack.
Members/Commissioners Lien, McGinnis.
Council Members/Commissioners
Nays: None. Absent: Council
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36. Finding of consistency with the General Plan - Development of a high school in the
CCS-l, Central City South land nse district
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the Mayor and Common Council make a
determination that the acquisition of property and development of a high school in the
Central City South Plan area is not consistent with the City's General Plan.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council
Members/Commissioners Lien, McGinnis.
NB I. Discussion - Impartial Analysis Procedure - Measure "I"
Council Member/Commissioner Estrada indicated that she had a concern that the
Impartial Analysis had been prepared by the City Attorney's Office rather than outside
counsel, and felt that this could be considered a conflict of interest.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Schnetz, that the matter arose subsequent to the posting of the
agenda.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council
Members/Commissioners Lien, McGinnis.
Discussion ensued. No action was taken on this matter.
Recess Meeting
At 11:07 a.m., Mayor/Chairman Valles recessed the meeting to 2 p.m. III the Council
Chambers of City Hall.
Community Development Commission/San Bernardino J oint Powers Financing
Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San
Bernardino Associated Communities Financing Authority - Joint Regular Meeting
At 2:07 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, Schnetz, Suarez, Anderson, McCammack;
Senior Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo,
City Clerk Clark, Economic Development Agency Executive Director Van Os del. Absent:
Council Members/Commissioners Lien, McGinnis.
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8/20/2001
R37. Joint Public Hearing - Tippecanoe Retail Project - In-N-Out Owner Participation
Agreement (OPA)
(Note: No backup material was submitted.)
Gary Van Osdel, Executive Director, EconomIc Development Agency, stated that
although time was of the essence on the HUB project there were still a few items that
had to be negotiated and the Owner Participation Agreement finalized. He requested
that the hearing be opened and that the matter be continued to the Council/Commission
meeting of September 4, 2001.
Mayor/Chairman Valles opened the hearing.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the Joint Public Hearing be continued to the
Council/Commission meeting of September 4, 20tH.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council
Members/Commissioners Lien, McGinnis.
R38. Joint Public Hearing - Amendment to extend eminent domain power on non-
residential property in the Mt. Vernon Corridor Redevelopment Project
Resolution of the Community Development Commission of the City of San
Bernardino making a finding that conditions of blight burden the Redevelopment
Project Area of the Mt. Vernon Corridor Redevelopment Project, approving the
Section 33352 Report to the Mayor and Common Council on the 2001 Eminent
Domain Amendment to the Redevelopment Plan for the Mt. Vernon Corridor
Redevelopment Project, and recommending the certification of the Addendwn to
the 1990 Environmental Impact Report.
An Ordinance of the Mayor and Common Council of the City of San Bernardino
approving the Section 33352 Report to the Mayor and Common Council and
adopting the 2001 Eminent Domain Amendment to the Redevelopment Plan for the
Mt. Vernon Corridor Redevelopment Project and certifying an Addendum to the
1990 Environmental hnpact Report. FIRST READING
Mayor/Chairman Valles opened the joint hearing.
Affidavits of mailing and publication, marked Exhibits "A" and "B", were accepted as
evidence without objection.
Margaret Park, Project Manager, Economic Development Agency, provided a
summary of the background and reasons for the Amendment to the Redevelopment Plan
for the Mt. Vernon Corridor Redevelopment Project Area.
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8/20/2001
Felise Acosta of Resenow Spevacek Group, Inc., provided a summary of the Agency's
report to the Mayor and Common Council.
Nancy Ferguson, Senior Project Manager, Lilburn Corporation, presented background
information on the Addendum to the Environmental Impact Report.
Special Counsel Sabo explained the eminent domain process.
Council Member/Commissioner Anderson requested an explanation of the guidelines
that would be followed in the consolidation of residential and commercial properties.
Ms. Acosta stated that mixed and incompatible uses was one of the conditions of blight
that was cited in the 1990 report to Council, and noted that there are still a lot of
incompatible uses remaining in the project area. She noted that although the plan
amendment is for eminent domain, there are still a number of different solutions to the
problem of mixed and incompatible uses in addition to acquiring property and
consolidating.
Council Member/Commissioner McCammack stated that she would have to abstain
from discussing and/or voting on this matter due to the fact that her property location is
listed on the project area map.
There was discussion as to whether Council Member/Commissioner Estrada should also
abstain from voting on this matter due to the fact that her employer's facility is located
in the IVDA project area.
The Amendment to the Redevelopment Plan for the Mt. Vernon Corridor
Redevelopment Project (Exhibit C); the written staff report (Exhibit D); the Agency's
Report to the Mayor and Common Council on the Amendment to the Redevelopment
Plan for the Mt. Vernon Corridor Redevelopment Project (Exhibit 2); and the
Addendum to the 1990 EIR (Exhibit 5) were accepted as evidence and as part of the
official record.
No written objections were received.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the
following that they would provide true and honest testimony:
Robert Gogo, 3435 Valencia, San Bernardino, CA, owner of property on "I"
Street, stated that the proposed amendment would only affect the taxpaying citizens
who own property in that area.
Francine Wixen, 799 E. Avery, San Bernardino, CA, stated that she had a problem
with eminent domain and did not believe a thorough explanation had been provided
to the public as to how the values are determined. She noted that there have not
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8/20/2001
been a lot of sales comparables in the subject areas, which meant those citizens
would get lower values for their property.
Mr. Sabo stated that an appraiser would look at market comparables and sales in the
area, and if it is an income producing property, they would look at replacement value
and cash flow and come up with a number to determine its worth.
Council Member/Commissioner Schnetz stated that some appraisers will go outside the
immediate neighborhood and make the necessary adjustments if they can't find
comparable sales.
City Attorney Penman advised Council Member/Commissioner Estrada to abstain due
to the close proximity of her residence to the project area, which meant the matter
would have to be continued due to lack of a quorum.
Due to lack of a quorum, the matter was continued to the Council/Commission meeting
of September 4, 2001.
R39. Joint Public Hearing - Amendment to re-establish eminent domain power on non-
residential property in the Central City South Redevelopment Project
Resolution of the Community Development Commission of the City of San
Bernardino, making a finding that conditions of blight burden the Redevelopment
Project Area of the Central City South Redevelopment Project, approving the
Section 33352 Report to the Mayor and Conunon Council on the 2001 Eminent
Domain Amendment to the Redevelopment Plan for the Central City South
Redevelopment, approving the 2001 Eminent Domain Amendment to the
Redevelopment Plan and recommending the certification of the Addendum to the
1976 Environmental hnpact Report.
An ordinance of the Mayor and Common Council of the City of San Bernardino
approving the Section 33352 Report to the Mayor and Common Council and
adopting the 2001 Eminent Domain Amendment to the Redevelopment Plan for the
Central City South Redevelopment Project and certifying an Addendum to the
1976 Enviroumental Impact Report. FIRST READING
Mayor/Chairman Valles opened the joint hearing.
Affidavits of mailing and publication, marked Exhibits "A" and "B", were accepted as
evidence without objection.
Margaret Park, Project Manager, Economic Development Agency, provided a
summary of the background and reasons for the Amendment to the Redevelopment Plan
for the Central City South Redevelopment Project Area.
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8/20/2001
Felise Acosta of Resenow Spevacek Group, Inc., provided a summary of the Agency's
report to the Mayor and Common Council.
Nancy Ferguson, Senior Project Manager, Lilburn Corporation, presented background
information on the Addendum to the Environmental Impact Report.
The Amendment to the Redevelopment Plan for the Central City South Redevelopment
Project (Exhibit C); the written staff report (Exhibit D); the Agency's Report to the
Mayor and Common Council on the Amendment to the Redevelopment Plan for the
Central City South Redevelopment Project (Exhihit 2); and the Addendum to the 1976
ElR (Exhibit 5) were accepted as evidence and as part of the official record.
City Clerk Clark advised that a written objection dated June 25, 2001 had been received
from Henry J. Thys, 4463 Rainbow Vista Dr., Fallbrook, CA, and was provided as
part of the backup (Exhibit 7).
E.C. Keller, 1696 Mesa Verde, San Bernardino. CA, had to leave before he was able
to give testimony, but noted that he was opposed to the proposed amendment.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the
following that she would provide true and honest testimony:
Francine Wixen, 799 E. Avery, San Bernardino, CA, stated that the City had made
it infeasible for her to develop her property and caused her to move her business
elsewhere. She stated that she has tried to sell her property for the last 10-15 years,
but the City keeps changing the zoning and lowering its value. Mrs. Wixen
requested that this proposal be denied and that the area be rezoned to be more
suitable to freeway traffic.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council and
Community Development Commission close the Joint Public Hearing and consider
written responses to the written objections at the Council/Commission meeting of
September 4, 2001.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council
Members/Commissioners Lien, McGinnis.
R40. Public Hearing - Reprogramming of 1999/2000 & 200l/2002 Community
Development Block Grant (CDBG) Funds
Mayor/Chairman Valles opened the hearing.
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Maggie Pacheco, Director of Housing and Community Development, Economic
Development Agency, requested that the amount proposed to be transferred to the Code
Compliance Blight Eradication Program be modified from $175,000 to $166,700.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Anderson, that the hearing be closed; that the Mayor and
Common Council (I) approve the reprogramming of 199912000 and 2001/2002 CDBG
funds, as amended, by decreasing the $175,000 appropriated to the Code Compliance
Blight Eradication Program to $166,700 to allow for the July payment to be made
directly to Los Padrinos and for the Arden-Guthrie Parking Lot Improvements and (2)
terminate the CDBG Agreement by and between the City of San Bernardino and Los
Padrinos Youth Services, Inc., as approved by the Mayor and Common Council
Resolution No. 2001-104.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council
Members/Commissioners Lien, McGinnis.
R41. RES, 2001-269 - Resolution of the City of San Bernardino authorizing execution of
a new Services Agreement with Los Padrinos, Youth Services Inc. a non-profit
organization, and rescinding Resolution 2001-46 thereby tenninating the existing
agreement.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2001-269 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Schnetz, Suarez, Anderson, McCammack. Nays:
None. Absent: Council Members/Commissioners Lien, McGinnis.
R42. RES. CDC/2001-32 - Resolution of the Community Development Commission of
the City of San Bernardino, California, approving an amendment to Exhibit "B"
of the personnel policies and procedures for all employees of the City of San
Bernardino Economic Development Agency.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. CDC/2001-32 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Schnetz, Suarez, Anderson, McCammack. Nays:
None. Absent: Council Members/Commissioners Lien, McGinnis.
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R43. Resolution of the Community Development Commission of the City of San
Bernardino authorizing and approving an Exclusive Right to Negotiate Agreement
with GFR Enterprises, Inc., related to AP #261-191-27,28,29 and 30, commonly
known as the Glacier's property in north San Bernardino (the "Site") for single
family housing development.
Submitted into the record was a document regarding the Arrow Vista - Glaziers
Negotiations outlining the chronology of events from September 19, 2000 through
August 9,2001.
The following individuals spoke in OppOSItIon: Ernest Vincent, Century Crowell,
1535 South "D" Street, Suite 200, San Bernardino, CA; Richard Koon, Executive
Vice-President, Indy Mac Bank (formerly Tokai Bank of California); John Pavelack,
Century Crowell, 1535 South "D" Street, Suite 200, San Bernardino, CA; Chuck
Wessman, CPA with Mellon, Johnson, & Reardon, 863 W. Ridge View Court, San
Bernardino, CA; and Dave Cooper, Project Manager for Arrow Vista.
The following individuals spoke in favor: Richard Herrera, GFR Enterprises, 549
Westminster Court, San Dimas, CA; Felix Robles, GFR Enterprises, 549 Westminster
Court, San Dimas, CA.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that said resolutIon be adopted.
The motion failed by the following vote: Ayes: Council Members/Commissioners
Estrada, Suarez. Nays: Council Members/Commissioners Schnetz, Anderson,
McCammack. Absent: Council Members/CommIssioners Lien, McGinnis.
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner Anderson, that the Community Development Commission
reject all proposals, proceed with the Tentative Tract Map approval process, which
should be completed within 30-45 days, and return to the RDA Committee with their
recommendation.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Schnetz, Suarez, Anderson, McCammack. Nays: Council Member/Commissioner
Estrada. Absent: Council Members/Commissioners Lien, McGinnis.
R44. Accept donated property - 1650 North Sierra Way
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Anderson, that the Community Development Commission
approve and accept the donated property located at 1650 North Sierra Way, NIP # I,
from the County of San Bernardino to the Redevelopment Agency, to be utilized for the
purposes noted in the Staff Report dated August q, 2001.
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The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council
Members/Commissioners Lien, McGinnis.
R45. RES, CDC/2001-33 - Resolution of the Community Development Commission of
the City of San Bernardino authorizing and approving a $75,000 housing loan per
the terms of the promissory note to Wayne L. & Dolores Browning, Gary F. &
Janet Schones and David P. & Peggy Lansing, the "joint owners" of the Cypress
Inn Mobile Home Park located at 2057 Mt. Vernon Avenue - Northwest
Redevelopment Project Area.
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. CDC12001-33 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Schnetz, Suarez, Anderson, McCammack. Nays:
None. Absent: Council Members/Commissioners Lien, McGinnis.
46. Public Comments
James Elder, 2572 W. 2nd Avenue, San Bernardino, CA, indicated that he wanted to
run against Judith Valles for Mayor of the City of San Bernardino, but was told that
since he did not live within the City limits, he could not do so. He requested a waiver
of Article 4, Section 50 of the City Charter, which prohibits his running because his
residence is located within the unincorporated area of San Bernardino.
Teresa Lopez, representing the Westside Residents for Cleaner Air Now, 683 Ramona,
San Bernardino, CA, stated that she would like to see the Omnitrans refueling station
moved out of her neighborhood and into an industrial area.
Steve Figueroa, a resident of the City of San Bernardino, stated that a civil rights
violation was filed against the City on the implementation of contracts in the Avila
Construction matter.
Jan Misquez, 659 N. Hancock, San Bernardino, CA, asked if the City was still
reviewing the Conditional Use Permit relative to the Omnitrans matter.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, distributed a document dated
July 9, 200 I, regarding the depleted uranium in Desert Storm munitions and pointed
out the similarities with the dangers at Norton Air Force Base.
Jeff DeFilIipes, a resident of the City of San Bernardino, stated that the existing parks
should be upgraded before new ones are built, and that Omnitrans should carry natural
fuel on their buses.
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47. Adjournment
The meeting adjourned at 6:24 p.m. The next joint regular meeting of the Mayor and
Common Council and Community Development Commission is scheduled for 8 a.m.,
Tuesday, September 4, 2001, in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
RACHEL G. CLARK
City Clerk
B J'/>1'r/d J~AAd ..-
V ~ Linda Sutherland
Deputy City Clerk
No. of Items: 48
No. of Hours: 7.2
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