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HomeMy WebLinkAbout12-20-2004 MinutesMINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING DECEMBER 20, 2004 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority of the City of San Bernardino was called to order by Mayor Pro Tem/Acting Chairman Johnson at 1:42 p.m., Monday, December 20, 2004, 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 Pro Tem/Acting Chairman Johnson; Council Members/Commissioners Longville, McGinnis, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Assistant to the City Administrator Sassoon. Absent: Mayor Valles; Council Members/Commissioners Estrada, Derry. Council Member/Commissioner Estrada Arrived At 2:10 p.m., Council Member/Commissioner Estrada arrived at the Council/ Commission/San Bernardino City Housing Authority meeting. Council Member/Commissioner Derry Arrived At 2:16 p.m., Council Member/Commissioner Derry arrived at the Council/ Commission/San Bernardino City Housing Authority 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): City of San Bernardino Municipal Water Department v. The United States Department of the Army - U.S. District Court Case Nos. CV 96- 8867 & CV 96-5205; 12/20/2004 La France Hamilton v. City of San Bernardino, et al. - United States District Court Case No. EDCV 00-107 RT (RNBx); City of San Bernardino v. Guadalupe V. Sauced a - San Bernardino Superior Court Case No. SCVSS 120393; Peter Christian Charles Hessing v. City of San Bernardino Police Department - United States District Court Case No. EDCV 04-01438; Stubblefield Construction Company et al. v. City of San Bernardino et al. - San Bernardino Superior Court Case No. SCVSS 252058 (Stubblefield II). 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. 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: Linn Livingston, Human Resources Director Employee Organizations: General Unit Mid -Management G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Proper : 247 W. Third Street 2 12/20/2004 Negotiating Parties: Judith Valles, Mayor, on behalf of the Redevelopment Agency, property owners, and Gerry Newcombe, Deputy Administrative Officer, on behalf of the County of San Bernardino Under Negotiation: Purchase price, terms and conditions 2. Property: That parcel consisting of approximately 67.75 acres identified as Parcel 1-2 at the San Bernardino International Airport, and generally bounded by Harry Sheppard Boulevard, Del Rosa Drive, Paul Villasenor Boulevard, and Memorial Drive Negotiating Parties: Don Rogers on behalf of the Inland Valley Development Agency. David Newsom on behalf of Hillwood/San Bernardino LLC. Bruce Varner on behalf of Stater Bros. Markets. James F. Penman on behalf of the City of San Bernardino Under Negotiation: Uptown Project Area 3. Property: Terms and conditions APN 0145-242-32,0145-242-33 Owner/Seller: Mayor Judith Valles, on behalf of the Redevelopment Agency of the City of San Bernardino, property owner(s) Buyer: San Bernardino City Unified School District ("District") IVDA Redevelopment Project Area — (Meadowbrook Project) 4. Proper 188 North Allen Street APN 0135-291-17 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority, and Narciso R. Garcia, property owner(s) Under Negotiation: Purchase price, terms and conditions IVDA Redevelopment Project Area — (Walnut Street) 5. Property: 1502 Walnut Street APN 0274-024-01 3 12/20/2004 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority, and Katherine M. Rodriguez, property owner(s) Under Negotiation: Purchase price, terms and conditions 6. Proper 1530 Walnut Street APN 0274-023-01 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority, and Lope Ensign, property owner(s) Under Negotiation: Purchase price, terms and conditions 7. Proper 1550 Walnut Street APN 0274-023-02 & APN 0274-023-03 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority, and Jesse and Albert Trevino, property owner(s) Under Negotiation: Purchase price, terms and conditions City Attorney Penman announced that the following additional cases would be discussed in closed session: Under Agenda Item 1A, Existing Litigation: Frank Moreno v. City of San Bernardino - Workers' Compensation Appeals Board Case Nos. SBR 3107767 & RIV 0054724. Under Agenda Item 1G1, 247 West Third Street: The negotiating parties will be James F. Penman, City Attorney, on behalf of the Redevelopment Agency, property owners, and Gerry Newcombe, Deputy Administrative Officer, on behalf of the County of San Bernardino. Under Agenda Item 113, Significant Exposure to Litigation: Facts and circumstances that might result in litigation against the local agency but which the local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. 4 12/20/2004 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 agendas of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority. Invocation/Pledge of Allegiance The invocation was given by Pastor Petra Malleis-Sternberg of the First Congregational United Church of Christ, followed by the pledge of allegiance, led by Jose Reyes, a student from Bradley Elementary School. Moment of Silence Mayor Pro Tern Johnson extended condolences to the family and requested a moment of silence in memory of Dr. Angel Osvaldo Garcia, who worked for a number of years as a dentist in San Bernardino until his retirement. 2. Appointments There were no Commission appointments. 3. Proclamations & Presentations Mayor Pro Tern Johnson presented a resolution of commendation to Patricia Carolyn Gantes-Kostiw on the occasion of her retirement from the Police Department after 33 years of service. Mayor Pro Tern Johnson presented a proclamation designating the month of December as the 5' Annual "Days to Remember Month" for The Unforgettables Foundation to Susan Patane. Wallace Green, Assistant to the Mayor, read the names of the following individuals who were presented a service pin award by Mayor Pro Tern Johnson in recognition of their many years of dedicated service to the City: Name Cynthia Sepulveda James Black John Block Vickie Cervantes Kimberlyn Hearns Mitch Kimball Bradley Lawrence Henry Melendez Susanna Sandoval Cheri Williams Department Information Services Police Police Police Police Police Police Police Police Police Years of Service 20 10 5 15 15 25 20 5 5 25 5 12/20/2004 Richard Mendoza Public Services 5 Ruben Ontiveros Public Services 5 Carlos Teran Public Services 5 4. Announcements Announcements were made by the Mayor Pro Tern, members of the Common Council, elected officials, and a representative of the Chamber of Commerce regarding various civic and community events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6. Council Minutes Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the minutes of the following meeting of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority of the City of San Bernardino be approved as submitted in typewritten form: November 1, 2004. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7. Claims & Payroll Council Member/Commissioner McCammack 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 December 15, 2004, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6 12/20/2004 8. Personnel Actions Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the personnel actions as submitted by the Chief Examiner dated December 14, 2004, 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, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. RES. 2004-395 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Attorney to increase the hourly rate paid to the law firm of Arias, Lockwood & Gray. Gil Navarro, 1440 West Sixth Street, San Bernardino, CA, distributed a copy of page 19 of 25 of California 1994 Form 490 for James Frank Penman, Committee to Re-elect City Attorney Jim Penman, for the period from 5/10/99 through 6/30/99 which showed that said committee received a $150 donation from Joseph Arias on 6/14/99. He asked when this matter had last gone out to bid to ensure that the City is obtaining a competitive price. City Attorney Penman advised that a Request for Proposal is put out in March of every year, and the next Request for Proposal would go out in March 2005. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that Said resolution be adopted. Resolution No. 2004-395 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. Review and take action regarding the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire pursuant to Government Code Section 8630 (c)(1) Note: No backup materials were submitted. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council confirm the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire. 7 12/20/2004 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. Approve Local Appointments List per the Maddy Act Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council approve the Local Appointments List of all regular and ongoing boards, commissions, and committees and direct that the City Clerk send a copy of the List to the Feldheym Library for posting pursuant to Government Code Section 54973. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. RES. 2004-388 - Resolution of the City of San Bernardino authorizing the execution of a Common Use Agreement between the City and the San Bernardino County Regional Parks Division for the development and construction of Phase III of the Santa Ana River Trail (SART) project, Orange Show Road and Tippecanoe Avenue bridges. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2004-388 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2004-389 - Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Belmont Avenue and Magnolia Avenue area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1037; preliminarily approving the Engineer's Report and giving notice of a public meeting and public hearing. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2004-389 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8 12/20/2004 14. RES. 2004-390 - Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Orange Show Road and Arrowhead Avenue area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1038; preliminarily approving the Engineer's Report and giving notice of a public meeting and public hearing. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90 with the establishment of a Landscape Maintenance Assessment District in the Orange Show Road and Arrowhead Avenue (Parcel Map No. 16222), to be known as Assessment District No. 1038; and that said resolution be adopted. The motion carried and Resolution No. 2004-390 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. Authorize Contract Change Order No. Two - contract with Repipe- California, Inc. (dba PPR) - sewer rehabilitation by Cured -In -Place Pipe (CIPP) method on "E" Street between 2Id Street and 5 ' Street (SW04-06) - Plan No. 10540 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Development Services be authorized to execute Change Order No. Two in the amount of $9,300.00 to contract with Repipe-California, Inc. (dba PPR) for the sewer rehabilitation by Cured -In -Place Pipe (CIPP) method on "E" Street between 2"d Street and 5' Street (SW04-06), per Plan No. 10540. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. Authorize Contract Change Order No. Three - contract with Bonadiman- McCain, Inc. - Timber Creek improvements Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Development Services be authorized to execute Change Order No. Three in the amount of $16,091.19 to contract with Bonadiman-McCain, Inc., for Timber Creek improvements. 9 12/20/2004 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2004-391 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Gwinco Construction and Engineering, Inc., for Old Waterman Canyon Road Bridge Repair (SS05- 11) per Plan No. 11304. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2004-391 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2004-392 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Kalban, Inc. for the construction of ADA accessibility ramps and sidewalk at various locations, Phase VI, (SS-B), per Plan No. 10992B. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2004-392 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2004-393 - Resolution of the City of San Bernardino authorizing and directing execution of a License and Agreement with Lockheed Martin Corporation (LMC) for encroachment of a groundwater monitoring well in the public right-of-way located on San Jacinto Street, east of Gifford Avenue, south of Mill Street. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2004-393 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10 12/20/2004 20. Reject all bids — authorize staff to re -advertise for bids - Landscape Maintenance Assessment District contract areas "A", "B", "G" and "H" Council Member/Commissioner Longville suggested that the City Administrator's Office look into the possibility of doing a little outreach on this subject so that more contractors know what the qualifications are, thereby encouraging more bids. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council reject all bids relative to the maintenance of landscaping for Landscape Maintenance Assessment Districts within contract areas "A", "B", "G" and "H"; and that staff be authorized to re -advertise for bids for Landscape Maintenance Assessment District contract areas "A", "B", "G" and "H". The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. Establish salaries - Police Department classifications P4, P5, P6, & P7 - effective August 1, 2004 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council establish salaries for the following Police Department classifications as outlined in the Staff Report dated December 13, 2004, from Linn Livingston, Director of Human Resources, effective August 1, 2004: Police Department P4 (Lieutenant), P5 (Captain), P6 (Assistant Police Chief), and P7 (Police Chief); that the Director of Finance be authorized to amend the Fiscal Year 2004/2005 Budget to transfer $84,500 from the General Government Budget (Account No. 001-092-5011) to the Police Department Budget in the General Fund; and that the Human Resources Department prepare an amendment to Resolution No. 6429 to reflect the revised salaries. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2004-396 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute a Memorandum of Understanding between the City of San Bernardino and the Lighthouse for the Blind for Senior Nutrition Program Services. 11 12/20/2004 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-396 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. RES. 2004-394 - Resolution of the Mayor and Common Council of the City of San Bernardino to authorize the execution of a Concessionaire Contractual Agreement between the City of San Bernardino and Diamond Creations, Inc. for concession services at the San Bernardino Soccer Complex for the period of December 21, 2004 through December 20, 2006. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2004-394 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. Distribution of federal grant proceeds - North Lake Project RES. 2004-397 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Sub -recipient Agreement between the City of San Bernardino and the San Bernardino Regional Water Resources Authority concerning the distribution of federal grant proceeds related to the North Lake Project. (24A) RES. 2004-398 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Grant Allocation Agreement between the City of San Bernardino and the San Bernardino Valley Municipal Water District concerning the distribution of federal grant proceeds related to the North Lake Project. (24B) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolutions A and B be adopted. Resolution Nos. 2004-397 and 2004-398 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. Reclassify - Workers' Compensation Supervisor - from Range 2486 to Range 4486 12 12/20/2004 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council approve reclassification of the position of Workers' Compensation Supervisor, Range 2486, $5,012-$6,092/month, to the position of Workers' Compensation Manager, Range 4486, $5,012 to $6,092/month; and that the Human Resources Department be directed to update Resolution No. 6413 to reflect this action. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. Reorganization - Code Compliance Department Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council approve reclassification of the position of Administrative Operations Technician, Range 1371, $2,824-$3,433/month, to the position of Code Compliance Officer II, Range 1407, $3,380-$4,108/month; that the Mayor and Common Council create the position of Supervising Code Compliance Officer, Range 2462, $4,446-$5,405/month; and that the Human Resources Department be directed to update Resolution No. 6413 to reflect this action. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. Authorize Amendment No. Two to Professional Services Agreement with Lim & Nascimento Engineering & Amendment No. One with Myra L. Frank/Jones & Stokes for provision of professional environmental services - design of Mt. Vernon Avenue Viaduct over the BNSF Railroad (Continued from December 6, 2004) RES. 2004-399 - Resolution of the City of San Bernardino approving Amendment No. 2 to Services Agreement with Lim & Nascimento Engineering Corporation for project management of the Mt. Vernon Avenue Viaduct over the BNSF Railroad. (27A) RES. 2004-400 - Resolution of the City of San Bernardino approving Amendment No. 1 to Services Agreement with Myra L. Frank/Jones & Stokes for provision of professional environmental services for the design of the Mt. Vernon Ave. Viaduct over the BNSF Railroad. (27B) Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Longville, that said resolutions A and B be adopted. 13 12/20/2004 Resolution Nos. 2004-399 and 2004-400 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor Pro Tem/Acting Chairman Johnson; Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, Economic Development Agency Special Legal Counsel Sabo and Executive Director Van Osdel, City Clerk Clark. Absent: Mayor/Chairman Valles. R28. Joint public hearing - Meadowbrook Single Family Residential Development Agreement with ANR Industries, Incorporated. (Continued from December 6, 2004) Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of January 10, 2005, at 5:00 p.m. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R29. Joint public hearing - Disposition and Development Agreement with Redevelopment Agency and El Paseo Petroleum, LLC (Mt. Vernon Corridor Redevelopment Project area) Note: No backup materials were submitted. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of January 10, 2005, at 5:00 p.m. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R30. Public Hearing - Five-year Implementation Plan (2004/05 - 2008/09) - Agency's Redevelopment Project Areas 14 12/20/2004 RES. CDC/2004-53 - A Resolution of the Community Development Commission of the City of San Bernardino, the governing body of the Redevelopment Agency of the City of San Bernardino, approving the Five- year Implementation Plan for the Agency's ten (10) Redevelopment Project Areas (Central City Projects, Central City North, Central City West, State College, Southeast Industrial Park, Northwest, Tri-City, South Valle, Uptown and Mt. Vernon Corridor). Mayor Pro Tem/Acting Chairman Johnson opened the hearing. Council Member/Commissioner McCammack advised that she needed to abstain because she owns property in the Uptown Redevelopment Area and left the Council/Commission meeting. Gary Van Osdel, Executive Director of the Economic Development Agency, advised that redevelopment law requires that every five years all redevelopment agencies adopt a five-year implementation plan. He stated that the Agency was bringing this forward to the Community Development Commission (CDC); however, it is a work in progress since staff does not know all that is going to happen in the next five years. Therefore, they brainstorm different ideas, and as they come upon development in the future that is not reflected in the plan, they will come back to the CDC to request an amendment. Mr. Van Osdel asked Maggie Pacheco, Deputy Director of the Agency, and Colin Strange, Project Manager, to answer any questions brought forward during the public comments portion of the hearing. Council Member/Commissioner Longville stated that she was not at the Redevelopment Committee meeting held on Thursday, but when she read through the plan she was amazed when she got to the Uptown Project Area. She stated that she gave up her seat and status as a committee chair on the Legislative Review Committee so that she could sit on the Redevelopment Committee for one reason —there was no redevelopment taking place in the Second Ward of the Uptown Project Area and she wanted to see some projects occur in this area. Ms. Longville noted that the Uptown Project Area is divided into two areas — three -quarters of it represents Baseline and Highland and "E" Street, with one - quarter being the area around the depot. She stated that this plan, as written for Uptown, identifies 92 percent of the proposed expenditures going into one - quarter of the Uptown Project Area, with the Agency coming up with ideas on how to spend only 8 percent of the money in 75 percent of the area --the most distressed commercial area in the city. 15 12/20/2004 Ms. Longville stated that she would be voting against the plan, stating that she will be there during the remainder of her term to make sure that what is written in the proposed plan does not occur because money needs to be spent on Baseline and Highland and "E" Street and the older parts of town. Dolores Armstead, 2529 San Anselmo, San Bernardino, CA and Tommy Cook, both members of the Northwest Project Area Committee (NWPAC), asked several questions which were answered by Ms. Pacheco and Mr. Strange, as follows: Ms. Armstead - On page 43, in the second paragraph it says, "A bridge was built connecting the industrial area to the State College Business Park allowing both areas better access to the I-15 and I-215 freeway interchange." Could you tell us where this bridge is located? Ms. Pacheco stated that she did not know the answer to that question and deferred to Special Counsel Sabo for an answer. Special Counsel Sabo explained that back in the 80's there was a lot of discussion about a bridge that would connect over the flood control channel that runs under the I-215 freeway and separates the State College from the Northwest Industrial Park. So there is a bridge, not a very large bridge, but it does cover that flood control channel to connect it; otherwise, it would be necessary to go all the way north to Palm to get back onto the I-215 freeway. Ms. Armstead noted that the City has a Freeway Site Plan surrounding the I- 210 expansion and requested that a copy be provided to the Northwest PAC. Ms. Armstead stated that the NWPAC has requested copies of any new development proposed in the affected area so the PAC members can review them and make their comments. She advised that they are not getting these proposals and wanted to know how we can get these draft proposals in a timely manner —that one or two days does not help them. Ms. Pacheco stated that staff would be happy to supply whatever plans are available. She stated that usually the plans come to the Development Services Department, and she assumed that the PAC was receiving all documents as part of the design review. However, if this is not being done, staff would endeavor to get these documents to them. 16 12/20/2004 Ms. Armstead referred to page 44 and asked for an explanation of the chart of assessed property values. She stated that in looking at the projected assessed property values, according to her calculations, they are projected to increase only 1 to 2 percent; and that seems like a very low increase in values when the surrounding areas are typically increasing by 15 percent. She asked whether 2 percent was a realistic figure for increase of property values in the area? Ms. Pacheco explained that under Prop. 13, the assessed value increases 2 percent, and that is calculated by the County; however, there is growth beyond that, which is not reflected here. She stated that staff uses the conservative approach and the standard 2 percent, but concurred that it is not reflective of the market and the increases to property values. Ms. Armstead noted that it would be helpful to have that statement in the report. Ms. Armstead pointed out that on page 45, under Existing Obligations, a consistent statement appears which says, "Administrative expenditure allows for the facilitation of Northwest activities." She noted that it was a very general statement and did not explain what the money was being spent on. She stated that the PAC does not know what the Agency's expenditures are, and they are very curious as to whether there is something that is happening in the Northwest Project Area that they don't know about? Ms. Pacheco answered that these items are broken down in the budget, and staff would be happy to give copies to the PAC. She noted that these are ongoing costs, whether it be bond indebtedness or administrative costs. Mr. Van Osdel added that these were prorated administrative costs that the Agency has broken down via the ten different redevelopment projects. Ms. Armstead referred to page 46, New Projects, stating that some of the projects listed there —No. 1, No. 2, and No. 5—were not in the PAC's ward, but they are getting $50,000 of some kind of incentive. She asked staff to explain why incentives were being given to projects in other wards. Mayor Pro Tem/Acting Chairman Johnson advised that Project Nos. 1, 2, and 5 were in the Sixth Ward. In addition, City Attorney Penman explained that the project does cover both the Fifth and Sixth Wards. Ms. Armstead referred to page 47, asking staff to explain what the $170,000 for Project No. 4 covered. 17 12/20/2004 Ms. Pacheco explained that these are public improvements for those two corners that will facilitate two specific developments—Walgreens and Amapola—and basically covers curb and gutter and street widening at those two corners, along with possible signals. Ms. Armstead noted that on page 47, Item No. 7 was the only one that did not have an address. She asked where this project was located, as the text just stated it was a blighted area at the Westside of town, but didn't provide an address or location. Ms. Pacheco stated that she did not know —that staff would have to supply that information to the PAC. Ms. Armstead stated that with all the incentives that are being provided, the PAC hopes that there are jobs directly related to these incentives —that there is a job cost ratio here —and asked whether there were jobs connected with the incentives being provided. Ms. Pacheco stated that typically, this would be true. Ms. Armstead asked whether the job cost ratios were included in the draft proposals. Ms. Pacheco advised that when the Agency gets involved in a project, staff does look at the economic benefits, and one of them may be job creation. They evaluate how many jobs will be retained or created, and it's normally incorporated into the agreement between the Agency and the party that is developing the subject property. Ms. Armstead advised that the PAC did not get its proposal in a timely manner; however, PAC members did a quick comparative analysis this morning, looking at the PAC area and the Mt. Vernon Corridor. She stated that one of the items she wanted to bring up real quick was Ite,__ No: 6 on the Mt. Vernon Corridor, with a cost of $17,000 covering four block . The same type of project in the Northwest area covers a larger area, yet only $5,000 is being provided for pretty much the same type of service/improvement. She stated that it looks like the improvements being provided in the Northwest area are of a lower standard than the improvements being provided in a different area. Ms. Pacheco advised that in some of these project areas the Agency may not have direct financial contributions —it might be a City project. She stated that this one reflects an administrative expense on the part of the Agency, where the other one could in fact reflect where the Agency may be doing the actual 18 12/20/2004 contribution to the improvements. So it's a combination of Agency efforts in redevelopment project areas, including City efforts as well. Ms. Armstead asked if there was a more detailed copy of these improvements being proposed so they could look at them. Ms. Pacheco answered in the affirmative, stating that the Capital Improvement Program would have a more descriptive detail. Tommy Cook inquired what the procedure was for notifying the public for public comments at this meeting and similar meetings. Gary Van Osdel advised that in this particular meeting it was different than most public hearings. In addition to publications in a newspaper of general circulation, notices were posted in each and every project area. Ms. Pacheco confirmed that this was correct —that four notices were posted in each project area, in addition to four consecutive weeks of publication; and with respect to the Northwest Project Area Committee, they were provided with the plan prior to this hearing. She stated that she understood that the PAC did not have adequate time to review the plan, but certainly staff could take their comments and review them for incorporation into a possible amendment to the plan, if appropriate. Tommy Cook pointed out that the draft plan states the Agency's goal is to improve the appearance of buildings, streets, etc. He asked what improvement projects had been implemented in the Northwest Project Area. Colin Strange stated that the major focus of the industrial site of the Northwest Project Area was the creation of Industrial Parkway and Hallmark Parkway —and that is where the bulk of the initial infrastructure was done to attract the industrial development. Tommy Cook asked if everything was focused by the freeway. Colin Strange replied that there was a lot of work done about two or three years ago —maybe longer —with the public improvements on Mt. Vernon Avenue, as well as the storm drain in that part of the project area. Tommy Cook stated that the Agency's goal is to encourage cooperation and participation of residents, business persons, etc. and revitalize an area to encourage private sector investment. He inquired as to what has been done in the Northwest PAC area. Colin Strange answered that the Northwest PAC area has actually seen some of the most vigorous activity in the last year and a half, including the recently completed MAPEI Factory, that was about a $35 million investment and will be employing about 120 people. He stated that currently going through plan check is the Allair Project —an 850,000-square-foot building which is another $55 19 12/20/2004 million investment into the area. In addition, Pacific Coast Steel, a 78,000- square-foot facility that is moving up from San Diego will be employing about 48 people —again in manufacturing. He stated that these are just a few projects which represent about a $125 million investment in the Northwest area. He stated that he would like to point out that the amounts listed here are very, very small incentives —they basically just represent staff time getting the plans through the process, because some of these projects are enormous and, therefore, very complicated. He added that none of these major projects have actually asked for any incentives from the Agency or the Project Area so they will all be contributing directly to the tax base without us giving anything back. Tommy Cook inquired about housing development for low- and moderate - income, asking what investments were made by the Agency in the Northwest PAC area. Ms. Pacheco stated that a couple of developments that came to mind were the Arrow Vista Development, where 62 homes were built in the 16' Street and California area; and the brand new senior complex constructed on Baseline. She stated that she was sure there were other projects as well that pre -date her being on staff. She noted that in the past, staff has been asked on numerous occasions to prepare a list of projects that have occurred in the Northwest Project Area, and they would be happy to provide the PAC with the list of all the projects that have been through the Agency's administration. Tommy Cook stated he would appreciate that and thanked Ms. Pacheco. He then asked how much autonomy the Agency has from the City to conduct business and special projects in a project area. Ms. Pacheco responded that through the Northwest Redevelopment Project Area Plan the Agency has exclusive authority to administer redevelopment activities in the project area. However, all development must be approved by the City of San Bernardino through the development process. Tommy Cook pointed out that incentive programs to encourage business retention and creation, including finance and technical assistance, are listed; however, no one or agency provided service in the Northwest area. He asked how many businesses in the Northwest Project Area have received technical or financial assistance for development of their business. Colin Strange answered that it depends on each individual business's circumstances. Sometimes they will want assistance because there is a gap, or there is some geological problem, or some roadwork that needs to be done; and sometimes they don't want to involve themselves with any financial assistance. Sometimes they will just be asking for technical assistance in getting their plans 20 12/20/2004 through the process. He advised that a big impact on this has been the imposition of Senate Bill 975, which rendered the entire project subject to prevailing wage. He stated that certain developers are happy to do a project at prevailing wage; therefore, the Agency is able to contribute more to the project. Others say they are not interested in prevailing wage, so they will look for assistance in other ways. And sometimes they don't want anything to do with us other than for us to get them through the entitlement process, for reasons of their own. So each project is always completely different. Each one is a one of a kind. Tommy Cook asked staff to explain the ERAF (Educational Revenue Augmentation Fund) and how our tax increment base is impacted. He asked what formula is being used to determine what will be taken from each area. Gary Van Osdel stated that the formula is determined by the State of California and cannot be challenged by local agencies. They figure out the formula, they figure out how much each agency owes, they tell each agency how much to pay, and they tell them to pay it by May of each year. It is rather simple insofar as the State is concerned. Ms. Pacheco added that the Agency had an item on the agenda previous to this which described the ERAF obligation, and staff would be happy to produce that copy for the PAC. Mayor Pro Tem/Acting Chairman Johnson commended the Northwest PAC for their diligence and activism in this matter and reminded them that it was possible to amend the plan at a later date, if appropriate. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. CDC/2004-53 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson. Nays: Council Member/Commissioner Longville. Abstentions: Council Member/Commissioner McCammack. Absent: None. R31. RES. CDC/2004-52 - Resolution of the Community Development Commission of the City of San Bernardino, California, adopting the Economic Development Agency's Annual Statement of Investment Policy for the Year 2005. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. 21 12/20/2004 Resolution No. CDC/2004-52 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R32. RES. CDC/2004-51 - Resolution of the Community Development Commission of the City of San Bernardino, California, approving an Educational Revenue Augmentation Fund loan from Community Low and Moderate Income Housing funds and promissory notes from Redevelopment Project Areas, and authorizing execution thereof. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McGinnis, that the Community Development Commission approve notes payable from each of the redevelopment project areas, as outlined in the Staff Report dated December 9, 2004, from Barbara Lindseth, Administrative Services Director, for payment of the Fiscal Year 2004/05 ERAF; and that said resolution be adopted. The motion carried and Resolution No. CDC/2004-51 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 33. Public Comments Reverend Betty Long, 734 West 10' Street, San Bernardino, CA, commented on monies raised by Congressman Joe Baca for the Lakes and Streams project; and noted that the meeting did not start on time and that two Council Members were whispering back and forth between themselves while the meeting was in session. Gil Navarro, 1440 West Sixth Street, San Bernardino, CA, stated that many residents in the city are undocumented immigrants. He advised that since the governor has refused to sign a driver's license bill, the Mexican -American Political Association (MAPA) took a vote last month to do a state-wide boycott and not purchase gasoline on Mondays. He stated that this is being done in an effort to show the governor that Latinos in California have a large impact on the economy of California. Rick Avila, Avila Construction, Inc., stated that he was at the meeting today to expose the corruption of City Attorney Penman and Attorney Joe Arias relative to the City terminating a contract it had with his company without due process. City Attorney Penman suggested that Mr. Avila talk with the District Attorney's Office, which has an excellent corruption task force. 22 12/20/2004 Jay Lindberg 6340 Orange Knoll, San Bernardino, CA, spoke regarding the alleged suicide of investigative journalist Gary Webb. S1. RES. 2004-401 - 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 establishing a 3- way stop at the intersection of Victoria Avenue and Lynwood Drive. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2004-401 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 34. Adjournment At 5:46 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, January 10, 2005, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 35 No. of Hours: 4.25 RACHEL G. CLARK City Clerk By: is C inda E. Hartzel Deputy City Clerk 23 12/20/2004