HomeMy WebLinkAbout09-17-2001 Minutes
MINUTES
MA YOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
SEPTEMBER 17, 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, September 17,2001, 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 Estrada, Lien, McGinnis, Suarez, Anderson; Senior
Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent:
Council Members/Commissioners Schnetz, McCammack.
A special memorial tribute was held in honor of the thousands of people who lost their lives in
the terrorist attacks that occurred in New York City, Washington D.C., and Pennsylvania on
September 11, 2001.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing 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 GHK;
Gloria Aldama, et al. v. Darby et al. - San Bernardino County Superior Court
Case No. SCVSS 61691.
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.
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D. Closed session - personnel - pursuant to Government Code Section 54957.
Appointment:
Director - Parks, Recreation & Community Services
City Clerk Clark announced that during closed session the Council approved the
appointment of Lemuel Randolph, Director of Parks, Recreation & Community
Services, Range 4562, effective October 29, 2001.
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, Director of Human Resources
Employee Organization:
San Bernardino Public Employees Association - Mid-Management Unit
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
1.
Property Address:
Real estate parcels bordered
by Rialto A venue on the north,
E Street on the east, Mill
Street on the south and the
215 Freeway on the west
Negotiating Parties:
Timothy Cook on behalf of the City of San
Bernardino and property owners of the
affected real estate parcels
Under Negotiation:
Purchase terms & 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.
Pledge of Allegiance
The pledge of allegiance was led by Manita L y, a studem at Bradley Elementary School.
2. Appointments
Postponed due to memorial ceremony.
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3. Presentations
Postponed due to memorial ceremony.
4. Announcements
Announcements were made by the Mayor Valles and Common Council regarding
various civic and community events/activities.
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 agenda 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, Suarez, Anderson. Nays: None. Absent: Council
Members/Commissioners Schnetz, McCammack.
6. Council Minutes
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the minutes of the June 14, 2001 meeting of the
Mayor and Common Council/Community Development Commission of the City of San
Bernardino, be approved as submitted in typewritten form.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson. Nays: None. Absent: Council
Members/Commissioners Schnetz, McCammack.
7. 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 September 12, 2001 from Barbara
Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson. Nays: None. Absent: Council
Members/Commissioners Schuetz, McCammack.
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8. 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 September 11, 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, Suarez, Anderson. Nays: None. Absent: Council
Members/Commissioners Schnetz, McCammack.
9. Authorize Budget Transfer - Temporary Clerical Staffing
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Director of Finance be authorized to amend the
FY 2001-2002 Council Office budget and transfer $1,800 from Account No. 001-021-
50xx (Salary and Benefits Savings) to Account No. 001-021-5505 (Other Professional
Services) to pay for temporary clerical staff.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson. Nays: None. Absent: Council
Members/Commissioners Schnetz, McCammack.
10. RES. 2001-297 - Resolution of the City of San Bernardino approving an agreement
for professional services with Richard Pope & Associates to develop a Master Plan
for Enhanced Landscape/Aesthetics Treatment for the proposed 1-215
improvement project.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2001-297 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson. Nays: None.
Absent: Council Members/Commissioners Schnetz, McCammack.
11. RES. 2001-281 - Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor or her designee to execute Program Supplement
Agreement with the State of California for the seismic retrofit of 6 bridges over
flood control channels and the seismic retrofit of 4 bridges at railroad grade
separations.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
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Resolution No. 2001-281 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson. Nays: None.
Absent: Council Members/Commissioners Schnetz, McCammack.
12. Approve - Development Permit (Type 1) No. 01-70 & determination of public
convenience or necessity - Department of Alcoholic Beverage Control Type 20
liquor license - 738 S. Waterman Avenue
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Anderson, that the Mayor and Common Council approve
Development Permit Type 1 No. 01-70 and determine 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 20 (off-sale beer and wine)
liquor license for a grocery store located at 738 S. Waterman Avenue.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson. Nays: None. Absent: Council
Members/Commissioners Schnetz, McCammack.
13. Approve - Contract Change Order No. One - Lambco Engineering, Inc. -
removal of existing sidewalk & installation of irrigation system & tree grates -
Highland Avenue from "E" Street to Sierra Way
Council Member ICommiss ioner Lien made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council authorize the
Director of Finance to amend the FY 2000-01 budget to increase the budget in Account
No. 126-369-5504-5040 by $16,900.00 and reflect the associated reduction in
unappropriated fund balance; and that the Mayor and Common Council authorize the
execution of Change Order No. One in the amount of $16,937.50 to contract with
Lambco Engineering, Inc. for removal of existing sidewalk and installation of irrigation
system and tree grates on Highland Avenue from "E" Street to Sierra Way.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson. Nays: None. Absent: Council
Members/Commissioners Schnetz, McCammack.
14. RES. 2001-282 - Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to execute an agreement for professional
transportation modeling services with Srinivasa S. Bhat.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted; and that the Finance
Director be authorized to amend the FY 2001-02 Development Services budget and
transfer $24,000 from salary savings (001-185-5011 - $9,640,001-183-5011 - $14,360)
to professional contractual services (001-181-5502) to fund the Professional
Transportation Modeling Services.
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The motion carried and Resolution No. 2001-282 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson.
Nays: None. Absent: Council Members/Commissioners Schnetz, McCammack.
15. RES. 2001-283 - Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with John Egan &
Associates, Inc. for Civil Engineering Services for the realignment of Laurelwood
Drive from Tippecanoe Avenue to Orchard Drive.
16. ORD. MC-1104 - An Ordinance of the Mayor and Common Council ofthe 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 Centra] City South Redevelopment Project and certifying an
Addendum to the 1976 Environmental Impact Report.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolutIOn and ordinance be adopted.
Resolution No. 2001-283 and Ordinance No. MC-ll04 were adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Suarez,
Anderson. Nays: None. Absent: Council Members/Commissioners Schnetz,
McCammack.
17. Approve funding - Fine Arts & Cultural Agreements - Fiscal Year 2001-2002
RES. 2001-284 - Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the Inland Empire
Symphony Association for the promotion of arts and culture. (17 A)
RES. 2001-285 - Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the Cauto Bello Master
Chorale for the promotion of arts and culture. (17B)
RES. 2001-286 - Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the Inland Dance
Theatres, Inc. for the promotion of arts and culture. (17C)
RES. 2001-287 - Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the Junior University
of San Bernardino, Inc. for the promotion of arts and culture. (170)
RES. 2001-288 - Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the San Bernardino-
Riverside Counties District Metropolitan Opera auditions for the promotion of arts
and culture. (17E)
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RES. 2001-289 - Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the Prime Time
Choraliers for the promotion of arts and culture. (17F)
RES. 2001-290 - Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the San Bernardino
Valley Community Concert Association for the promotion of arts and culture.
(17G)
RES. 2001-291 - Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the Sinfonia Mexicana
for the promotion of arts and culture. (17H)
RES. 2001-292 - Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the Sturges Family
Playhouse for the promotion of arts and culture. (171)
RES. 2001-293 - Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the CSUSB
Foundation, Coyote Conservatory for the Arts for the promotion of arts and
culture. (17J)
18. RES. 2001-294 - Resolution of the City of San Bernardino authorizing the Mayor
of the City of San Bernardino or her designee to execute an agreement with the
San Bernardino City Unified School District to provide contractual services for
after-school recreation programs at school district sites.
19. RES. 2001-295 - Resolution authorizing the Mayor of the City of San Bernardino
or her designee to apply for and administer a grant in the amount of $50,000 from
San Bernardino County Emergency Food & Shelter Program Local Board FEMA
XIX for the administration of Food & Shelter Program for at risk families through
the Westside Community Center.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolutions be adopted.
Resolution Nos. 2001-284 through 2001-295 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson.
Nays: None. Absent: Council Members/Commissioners Schnetz, McCammack.
20. Set Public Hearing - Proposed expenditures of monies allocated from the FY
2001102 Local Law Enforcement Block Grant (LLEBG)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council set a public
hearing for 10:00 a.m., Monday, October 1, 2001, to ratify the expenditure of the
awarded Local Law Enforcement Block Grant (LLEBG) funding for FY 2001102.
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The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson. Nays: None. Absent: Council
Members/Commissioners Schnetz, McCammack.
21. RES. 2001-298 - Resolution of the City of San Bernardino authorizing the
execution of a purchase order with two single year renewal options, to
Consolidated Fabricators Corporation for the purchase of commercial/residential
front load and roll-off refuse bins.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-298 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson. Nays: None.
Absent: Council Members/Commissioners Schnetz, McCammack.
22. RES. 2001-296 - Resolution of the City of San Bernardino authorizing the
execution of a piggyback purchase between the City of San Bernardino and Crest
Chevrolet for the purchase of two (2) one-ton extended cab and chassis trucks for
the Animal Control Department.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-296 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson. Nays: None.
Absent: Council Members/Commissioners Schnetz, McCammack.
23. Approve - Request for funding - 1st Annual San Bernardino Jazz Festival -
Sunday, September 23,2001 - Roosevelt Bowl in Perris Hill Park - $2,000
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council authorize
payment of $2,000 in Civic and Promotion funding payable to the Friends of the San
Bernardino City Parks in support of the I" Annual San Bernardino Jazz Festival to be
held on September 23, 2001 at Perris Hill Park.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson. Nays: None. Absent: Council
Members/Commissioners Schuetz, McCammack.
24. Public Hearing - Development Code Amendment No. 00-01 - To establish Social
Service Uses/Centers as conditionally permitted uses & Conditional Use Permit No.
00-11 - To establish a facility for Central City Lutheran Mission - Southwest
corner of Virginia & "G" Streets (Continued from September 4, 2001)
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An Ordinance of the City of San Bernardino amending Chapter 19.02 (Definitious)
and Chapter 19.04 (Residentia] Districts) and Chapter 19.06 (Commercia]
Districts) of the San Bernardino Municipal Code (Development Code) to add text
related to definitious, requirements and standards for social services uses/centers.
FIRST READING
Valerie Ross, City Planner, Development Services Department, requested that Council
proceed with the public hearing for the Development Code Amendment and continue
the public hearing for the Conditional Use Permit for two weeks in order to address
issues that exist between the Lutheran Mission and the neighbors.
Mayor/Chairman Valles opened the hearing.
No public comments were received.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the hearing be closed relative to Development
Code Amendment No. 00-01; the Negative Declaration be adopted; the first reading be
waived and the ordinance be laid over for final adoption; and that the public hearing for
Conditional Use Permit No. 00-11 be continued 10 October 1, 2001.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson. Nays: None. Absent: Council
Members/Commissioners Schnetz, McCammack.
Recess Meeting
At 11:19 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 Acquisitiou Joint Powers Financing Authority/San
Bernardino Associated Communities Financing Authority - J oint Regular Meeting
At 2:05 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, Suarez, Anderson; Senior
Assistant City Attorney Carlyle, Economic Development Agency Special Counsel Sabo, City
Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: Council
Members/Commissioners Schnetz, McCammack.
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R25. Public Hearing - Disposition & Development Agreement - Public Enterprise
Center
A Resolution of the Community Development Commission of the City of San
Bernardino, as the governing body of the Redevelopment Agency of the City of
San Bernardino, approving that certain Disposition and Development Agreement
by and between the Redeve]opment Agency of the City of San Bernardino and
Fallbrook Capita], LLC, on the terms set forth in such agreement.
A Resolution of the Mayor and Common Council of the City of San Bernardino
acknowledging receipt of a report relating to that certain Disposition aud
Development Agreement by and between the Redeve]opment Agency of the City of
San Bernardino and Fallbrook Capital, LLC.
Mayor/Chairman Valles opened the hearing.
Gary Van Osdel, Executive Director, Economic Development Agency, reviewed
highlights of the staff report.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the
following individuals that they would provide truthful and honest testimony.
Clifford Hackney, 1180 W. 9th Street, San Bernardino, CA, representing YSP, LLC,
stated that they never had the opportunity to present the full scope of the package for
the uses of the building. He indicated that he attended a meeting on July 11, 2001, and
participated in discussions regarding the sale of the Public Enterprise Center (PEC)
building, including the condition that draft documentation be submitted to Mr. Lopez
by August I, 200 I, in order to proceed with the process leading to the public hearing
scheduled to take place in October 2001.
Larry Odum, P.O. Box 2877, Rancho Cucamonga, CA, stated that YSP, LLC wanted
to contest the sale of the PEC building to Fallbrook Capital, LLC, based on the prior
meetings and negotiations with the City of San Bernardino and EDA representatives.
Luis Lopez, 323 W. 18"' Street, San Bernardino, CA, Attorney with Gilbert, Kelly,
Crowley, and Jennett, representing YSP, LLC, stated that YSP has been working in
conjunction with the school district on using the building for the betterment of the
City's youth. Mr. Lopez stated that he felt his clients were due an explanation as to
why they were not notified of the counteroffer.
Rick Schindler, representing Fallbrook Capital, LLC, stated that he made a good faith
offer to purchase the building and on September 10, 2001, met with the majority of the
tenants in the building to let them know that it was his desire that the building remain a
community-based center. He stated that it was never his intent to change the
demographics of either the area or the building.
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The following individuals voiced their concerns regarding the sale of the PEC building,
proposed uses and potential impacts to the community, and requested a 60-day
extension in order to give the citizens of the west side an opportunity to provide input.
Pastor Ray Turner, 1583 W. Union, San Bernardino, CA; Rev. Johnson, a resident
of San Bernardino; Sylvester McGill, 1188 S. Church Street, Bloomington, CA;
Hardy L. Brown, 1626 Pennsylvania, San Bernardino, CA; Lonetta Harris, 2058 N.
Pico Avenue; Cecilia Lowe, 26077 Holly Vista, San Bernardino, CA; Rikke Van
Johnson, 1555 Penn Court, San Bernardino, CA; Linda Hart, a resident of San
Bernardino; and Willie Garrett, 1830 W. 20th Street, San Bernardino, CA.
Mr. Van Osdel provided a chronology of the events that took place prior to receipt of
the offer from Fallbrook Capital, LLC. He stated that the Agency acted in compliance
with the law - consistent with redevelopment requirements and regulations.
Council Member/Commissioner McGinnis asked if the City was obligated to continue
with the current bids or could it seek additional bids.
Special Counsel Sabo stated that the Agency was not required to request sealed bids and
noted that anyone from the public could come forward and submit an offer, which was
the reason for the public hearing.
Council Member/Commissioner McGinnis asked how the Council could obtain
legitimate offers on the building.
Mr. Sabo suggested that Council could either accept the current offer, or continue the
matter to the second meeting in October in order to give all the parties and the
community an opportunity to submit an offer. This would also allow staff an
opportunity to review those offers.
It was the consensus of the Council that a 60-day extension be granted in order to give
the community the opportunity to provide a competitive offer on the sale of the PEC
building; and agreed that November 1, 2001, would be the cutoff date to receive new
and revised proposals.
Mr. Sabo suggested that he could prepare a ]etter, attach a copy of the agreement, and
require that any comments and/or changes, including the dollar amount, be submitted
by November 1,2001.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the hearing be continued to the Mayor and
Common Council/Community Development Commission meeting of November 19,
2001.
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The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson. Nays: None. Absent: Council
Members/Commissioners Schnetz, McCammack.
R26. Amendment to extend eminent domain power on non-residential property - Mt.
Vernon Corridor Redevelopment Project (Continued from September 4,2001)
RES. 2001-299 - Reso]ution of the Mayor and Common Council of the City of San
Bernardino approving and adopting a response to oral objections received prior to
or at the September 4, 2001, Joint Public Hearing concerning the proposed 2001
Eminent Domain Amendment to the Redevelopment Plan for the Mt. Vernon
Corridor Redevelopment Project.
RES. CDC/2001-35 - 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
Addendum 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 Impact Report. FIRST READING
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution of the Mayor and Common
Council, be adopted.
Mayor and Common Council Resolution No. 2001-299 was adopted by the following
vote: Ayes: Council Members/Commissioners Lien, McGinnis, Suarez, Anderson.
Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent:
Council Members/Commissioners Schnetz, McCammack.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution of the Community Development
Commission, be adopted; and that said ordinance be laid over for final adoption.
The motion carried and Community Development Commission Resolution No.
CDC12001-35 was adopted by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Suarez, Anderson. Nays: None.
Abstentions: Council Member/Commissioner Estrada. Absent: Council
Members/Commissioners Schnetz, McCammack.
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R27. Joint Public Hearing - Tippecanoe Retail Project - In-N-Out Owner Participation
Agreement (Continued from September 4, 2001)
A Resolution of the Community Deve]opment Commission of the City of San
Bernardino, as the governing body of the Redevelopment Agency of the City of
San Bernardino, making certain findings and determinations pursuant to Health
and Safety Code Section 33433, making other findings and determinations in
accordance with the California Envirorunental Quality Act and approving that
certain Owner Participation Agreement by and between the Redeve]opment
Agency of the City of San Bernardino and In-N-Out Burgers on the terms set forth
in such agreement.
A Resolution of the Mayor and Common Council of the City of San Bernardino
acknowledging receipt of a report relating to that certain Owner Participation
Agreement by and between the Redeve]opment Agency of the City of San
Bernardino and In-N-Out Burgers.
Mayor Pro TemlVice Chair Lien opened the hearing.
John Hoeger, Project Manager, Economic Development Agency, provided a brief
synopsis of the agreement between the Agency and In-N-Out.
Jack Rubens, 333 S. Hope Street, 48th Floor, Los Angeles, CA, representing In-N-Out
Burger, expressed his appreciation for being given an opportunity to participate in the
redevelopment of the site, and stated that In-N-Out looked forward to selling many
hamburgers in the City for many years to come.
Mr. Hoeger advised the Council that the Agency had just received an approved draft of
the Owner Participation Agreement. He suggested that the Council close the public
hearing and take separate votes on the resolutions.
Senior Assistant City Attorney Carlyle stated that he and Mr. Sabo had reviewed the
proposed changes to the resolutions, and were of the opinion that the changes were
more than minor. He recommended that the matter be continued to October I, 200 I,
even though the Owner Participation Agreement was not affected by the recent
changes.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the hearing be closed; and that the adoption of
said resolutions be continued to the Mayor and Common Council/Community
Development Commission meeting of October I, 2001.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson. Nays: None. Absent: Council
Members/Commissioners Schnetz, McCammack.
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R28. RES. CDC/2001-36 - A Resolution of the Community Development Commission of
the City of San Bernardino, as the governing body of the Redevelopment Agency
of the City of San Bernardino, approving that certain exclusive right to negotiate
for property acquisition and redevelopment assistance (New Century
Entertainment, Inc.) by and between the Redeve]opment Agency of the City of San
Bernardino and New Century Entertainment. Inc., on the terms set forth in such
agreement.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. CDC12001-36 was adopted by the following vote:
Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson.
Absent: Council Members/Commissioners Schnetz, McCammack.
Ayes: Council
Nays: None.
R29. RES. CDC/2001-37 - A Reso]ution of the Community Development Commission of
the City of San Bernardino, as the governing body of the Redevelopment Agency
of the City of San Bernardino, approving the sale of Silverwood Apartments
Project to San Bernardino 328/AF XXX, LLC; approving and authorizing
execution of certain amendments to the Indenture and Loan Agreement relating to
$7,000,000 Redevelopment Agency of the City of San Bernardino Variable Rate
Demand Multifamily Housing Revenue Bonds (Silverwood Apartments Project)
Series 1996; approving and authorizing execution of an Assumption Agreement in
connection with the sale of Silverwood Apartments Project; appointing Bond
Counsel in connection with the sale of Silverwood Apartments Project and
amendments to the Indenture and Loan Agreement; and authorizing distribution
of a Supplement to the Placement Memorandum relating to $7,000,000
Redevelopment Agency of the City of San Bernardino Variab]e Rate Demand
Multifamily Housing Revenue Bonds (Silverwood Apartments Project) Series 1996.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. CDC1200l-37 was adopted by the following vote:
Members/Commissioners Lien, McGinnis, Suarez, Anderson. Nays:
Council Members/Commissioners Estrada, Schnetz, McCammack.
Ayes: Council
None. Absent:
R30. Resolution of the Community Deve]opment Commission of the City of San
Bernardino approving and authorizing (1) the Executive Director of the Agency to
execute a HOME Program Community Housing Development Organization
(CHDO) Agreement (Fiscal Year 2000-2001) by and between Neighborhood
Housing Services of the Inland Empire, Inc., (NHS) and the Redevelopment
Agency of the City of San Bernardino (11 units multi-family housing acquisition
and rehabilitation) and (2) making certain findings of environmental exemption.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
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The motion failed by the following vote: Ayes: Council Members/Commissioners
Lien, McGinnis, Suarez. Nays: Council Member/Commissioner Anderson. Absent:
Council Members/Commissioners Estrada, Schnetz, McCammack.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Suarez, that the matter be continued to the Mayor and Common
Council/Community Development Commission meeting of October 1,2001.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Lien, McGinnis, Suarez, Anderson. Nays: None. Absent: Council
Members/Commissioners Estrada, Schnetz, McCammack.
R31. RES. CDC/2001-38 - Resolution of the Community Development Commission of
the City of San Bernardino approving and authorizing (1) the Executive Director
of the Agency to execute a HOME Program Community Housing Development
Organization (CHDO) Agreement (Fiscal Year 2000-2001) by and between Habitat
for Humanity, San Bernardino area and Redevelopment Agency of the City of San
Bernardino (development of three [3] single family homes) and (2) making certain
findings of environmental exemption.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Lien, that said resolution be adopted.
Resolution No. CDCI2001-38 was adopted by the following vote:
Members/Commissioners Lien, McGinnis, Suarez, Anderson. Nays:
Council Members/Commissioners Estrada, Schnetz, McCammack.
Ayes: Council
None. Absent:
R32. RES. 2001-300 - A resolution of the Mayor and Common Council of the City of
Sau Bernardino approving certain fee deferrals in connection with the Kohl's
Development Project to be located on the former Norton Air Force Base.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council approve the
summary of a Pass-Through Agreement between the City and the Economic
Development Agency in connection with certain redevelopment assistance (Kohl's
Development Project) as presented to this meeting and authorize the preparation of said
Pass-Through Agreement; that said resolution be adopted; and that the Community
Development Commission approve the deal point summary of a Property Tax
Increment Incentive Agreement with Kohl's Corporation as presented to this meeting
and authorize preparation of Incentive Agreement.
The motion carried and Resolution No. 2001-300 was adopted by the following vote:
Ayes: Council Members/Commissioners Lien, McGinnis, Suarez, Anderson. Nays:
None. Absent: Council Members/Commissioners Estrada, Schnetz, McCammack.
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33. Public Comments
Paul Sanborn, 267 S. "D" Street, San Bernardino, CA, asked the Council to
reconsider placing the issue of the Mayor's salary on the ballot.
J. Theodore Royale, P.O. Box 29369, Laughlin, NV, owner of a business called
Industrial Development Economic Assistance Services (IDEAS), LLC, introduced
himself to the Council and stated that he had been asked to study whether a name
change would benefit the Stampede team and the City. Mr. Royale stated that they
have come up with not only a name, but also a client willing to help put a name on the
Stadium and build a fan base. Mr. Royale indicated that the number one problem is
signage, and noted that no client would be interested in putting his or her name on a
stadium with the lease due to expire in less than 20 years. Mr. Royale stated that he
would submit a proposal to the City within a week.
Harold A. Pilant, 550 W. 5th Street, #203, San Bernardino, CA, stated that no
provisions were made for parking for the residents of his apartment complex during the
Route 66 Rendezvous, and suggested that perhaps a "Resident" sticker could be
provided for their windshields, which would alert the police officers covering the event.
34. Adjournment
The meeting adjourned at 4:52 p.m. The next joint regular meeting of the Mayor and
Common Council and Community Development Commission is scheduled for 8 a.m.,
Monday, October 1, 2001, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
By~A"A / ~Ah~ )
Linda Sutherland
Deputy City Clerk
No. of Items: 34
No. of Hours: 6
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