HomeMy WebLinkAbout11-15-2004 MinutesMINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
NOVEMBER 15, 2004
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 1:37 p.m., Monday, November 15, 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/
Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: None.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Dale Blackwell v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 096441;
City of San Bernardino, a Municipal Corporation and the Economic
Development Agency for the City of San Bernardino v. Valerie Pope -
Ludlam, Edward Negrete, Yolanda Negrete, Michael Beauregard, Allan
Steward, Inc., Steward & Associates, et al. - San Bernardino Superior
Court Case No. SCVSS 108965;
Diana M. Sanchez, et al. v. Verizon Wireless, et al. - Los Angeles
Superior Court Case No. BC 272529.
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:
1 11/15/2004
Potential Defendants: Fire Chief Larry Pitzer, Fire Captain Ralph
Romero, and Fire Engineer Kevin Bathgate;
San Bernardino City Professional Firefighters Local 891 v. City
of San Bernardino and Larry Pitzer, Fire Chief;
Significant exposure to litigation - pursuant to Government Code
Section 54956.9: (b) (3) (A).
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.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1. Proper : 247 W. Third Street
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
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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")
4. Proper APN 0266-362-12
5055 Hallmark Parkway
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Moto
Canyon Holdings. LLC, Property Owners(s)
Under Negotiation: Purchase price, terms and conditions
City Attorney Penman announced that the following items would be discussed in
closed session 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;
Agenda Item No. R40.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council/Community
Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Sister Marita Beumer of St. Bernardine's Catholic
Church, followed by the pledge of allegiance, led by Ainsley Eager, a fifth grade
student at Ramona Alessandro School.
3 11/15/2004
Moment of Silence
Mayor/Chairman Valles offered condolences to the family and requested a moment of
silence in memory of Robert "Bob" Franz, a resident of San Bernardino for 48 years
and owner of Morgan and Franz Insurance, who passed away on November 3 in
Tucson, Arizona.
2. Appointment - Frank E. Schnetz - Civil Service Board - Mayor Valles
City Attorney Penman expressed concern regarding the appointment of Mr.
Schnetz to this position, stating that his concern was not with Frank Schnetz the
individual, but with Frank Schnetz the property manager sitting on the Civil
Service Board and the ramifications and inherent conflict between his job duties
and this appointment.
Ken Moseley, Secretary/Treasurer of the San Bernardino City Professional Fire
Fighters, 371 West 14" Street, San Bernardino, CA, expressed opposition to the
appointment of Mr. Schnetz to the Civil Service Board, stating he did not think
he would be an impartial advocate for the employee.
Submitted into the record was an inter -office memorandum to the Mayor and
Common Council from Huston T. Carlyle, Jr., Senior Assistant City Attorney,
dated November 15, 2004, regarding Appointment to the Civil Service Board,
which explained that Mr. Schnetz' appointment would be to fill the unexpired
term of Dr. Juanita Scott, who recently retired, instead of a temporary
replacement for Dennis Reichardt, as indicated in the agenda.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council
approve the appointment of Frank E. Schnetz to the Civil Service Board to fill
the unexpired term of Juanita Scott.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
Council Member/Commissioner McCammack. Absent: None.
3. Proclamations & Presentations
Council Member/Commissioner Estrada presented a plaque to Mr. Anthony
Hernandez of the Knights of Columbus in commemoration of their 1001"
Anniversary.
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Council Member/Commissioner McCammack made a presentation to George
W. Schnarre commending him for his service and leadership on the Board of
Police Commissioners on the occasion of his relocation and resignation from the
Board.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative of the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
6. Council Minutes
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, 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: October
4, 2004; October 11, 2004; and October 18, 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 Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated November 1,
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.
5 11/15/2004
8. Personnel Actions
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the personnel actions as submitted by the
Chief Examiner dated November 10, 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. Waive fees — YMCA Children's Christmas Parade — December 4, 2004
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the request for a waiver of fees in the
amount of $3,515 for department, personnel and equipment costs associated
with the 27' Annual YMCA Children's Christmas Parade scheduled for
December 4, 2004, be approved; and that $3,515 be transferred from the Civic
and Promotion Fund into the various departmental accounts as listed in the staff
report dated October 15, 2004, from Fred Wilson, City Administrator, to
recover their costs incurred in assisting with the parade.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. RES. 2004-354 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing and directing the Handicap Accessibility
Appeals Board to assume the duties and responsibilities of the Commission
for Disabled Persons.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2004-354 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
11. 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.
6 11/15/2004
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson that the Mayor and Common Council confirm
the need for continuing in effect the local emergency caused by the Old
Waterman Canyon Fire.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12. Set Mayor and Common Council and Community Development Commission
regular meeting dates for 2005
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Kelley, that the Mayor and Common Council and the
Community Development Commission approve the following dates for regular
meetings of the Mayor and Common Council/Community Development
Commission for the year 2005: January 10 (second Monday); January 24
(fourth Monday); February 7 and 22; March 7 and 21; April 4 and 18; May 2
and 16; June 6 and 20; July 5 and 18; August 1 and 15; September 6 and 19;
October 3 and 17; November 7 and 21; December 5 and 19.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13. Resolution of the City of San Bernardino approving a Professional Services
Agreement with Transtech Engineers, Inc. for planning, architecture and
engineering services to prepare the Santa Fe Depot District Area Plan.
Note: The resolution was not included in the backup materials.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the
Council/Commission meeting of December 6, 2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14. Authorize Contract Change Order No. Two - contract with David T.
Wasden, Inc. - 9' Street storm drain improvements from Waterman
Avenue to East Twin Creek Channel - Plan No. 10676
7 11/15/2004
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services be
authorized to execute Contract Change Order No. Two to contract with David
T. Wasden, Inc. for 9' Street storm drain improvements from Waterman
Avenue to East Twin Creek Channel per Plan No. 10676 and to accept from San
Bernardino Valley Municipal Water District reimbursement to the City for
$82,974; and that the Director of Finance be authorized to amend the Fiscal
Year 2004/2005 budget to increase the project expenditures in Account No.
248-368-5504-7429 by $82,974 and a corresponding increase to revenues in the
amount of $82,974 in Account No. 248-000-4651-0000.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
15. RES. 2004-355 - Resolution of the City of San Bernardino authorizing and
directing the execution of a Quitclaim Deed for that certain north/south
alley located between Lugo Avenue and Sierra Way, north of Highland
Avenue in the City of San Bernardino.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2004-355 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
16. Reject all bids - remodel of cat building at the City Animal Shelter
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Finance be authorized to
reject all bids to RFQ F-05-022, remodel of the cat building at the City Animal
Shelter, and to rebid the project.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17. RES. 2004-356 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Purchasing Manager to issue a purchase
order to L.N. Curtis & Sons in the amount of $50,000 for self contained
breathing apparatus (SCBA).
8 11/15/2004
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2004-356 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
18. RES. 2004-357 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute an agreement with the
San Bernardino Symphony Orchestra for the promotion of arts and culture.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2004-357 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
19. RES. 2004-358 - Resolution of the Mayor and Common Council of the City
of San Bernardino encouraging policies and practices that support and
foster the development of sustainable communities.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2004-358 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
20. Salary increases - Coordinator of Volunteers (part time) for Senior
Companion Program (SCP) & Mentoring Coordinator for Mentoring
Program
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council approve
salary increases for the following positions, retroactive to July 1, 2004:
Coordinator of Volunteers (part time) in the Senior Companion Program from
$9.42 to $11.00 per hour, and the Mentor Coordinator (full time) in the
Mentoring Program from $18.56 to $19.60 per hour; and that the Human
Resources Department be directed to update Resolution No. 6413, Section 13.
The motion carried by the following vote:
Commissioners Estrada, Longville, McGinnis,
McCammack. Nays: None. Absent: None.
Ayes: Council Members/
Derry, Kelley, Johnson,
9 11/15/2004
21. RES. 2004-359 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor or her designee to execute
Amendment No. 3 to the Concessionaire Contractual Agreement between
the City of San Bernardino and Diamond Creations, Inc. to extend
concession services at the San Bernardino Soccer Complex from November
19, 2004 through December 20, 2004.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2004-359 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
22. RES. 2004-360 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of annual purchase orders for
evidence collection, ballistic vests and to increase the annual purchase order
for transcription outsourcing from $24,999 to $50,000 to be used by the San
Bernardino Police Department.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2004-360 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
23. RES. 2004-361 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to
Fairview Ford for two (2) Ford Crown Victoria Police Interceptors.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2004-361 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
24. RES. 2004-362 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to Crest
Chevrolet for six (6) 2005 Chevy Equinox SUV's to be utilized by the Fire
Department Apartment Inspection Program.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
10 11/15/2004
Resolution No. 2004-362 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
25. RES. 2004-363 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to
Wondries Automotive for the purchase of four (4) CNG vehicles for various
divisions/departments.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2004-363 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
26. RES. 2004-365 - Resolution of the City of San Bernardino authorizing the
execution of an agreement to employ Dennis Reichardt on a part-time basis
for a six month period, or 960 hours, whichever occurs first.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted; and that the
Director of Finance be authorized to amend the Fiscal Year 2004/05 General
Fund Budget to reflect a reduction of $74,100 from Account No. 001-092-5803
(Salaries permanent/full time) and an increase in that amount to Account No.
001-201-5505 (Other professional services).
The motion carried and Resolution No. 2004-365 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
27. Approve transfer of funds to appropriate funding for street sewer main
replacement - Project Nos. SW04-23 & SW04-24
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Finance be authorized to
amend the FY 2004/05 budget and transfer $280,000 from the unallocated
Sewer Line Maintenance Fund balance to Account No. 132-431-5505-7501 and
transfer $125,000 from the unallocated Sewer Line Maintenance Fund balance
to Account No. 132-431-5505-7502.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11 11/15/2004
28. RES. 2004-364 - Resolution of the Mayor and Common Council of the City
of San Bernardino agreeing to the selling price set forth in the Agreement to
Purchase Tax -Defaulted Property between the Board of Supervisors of San
Bernardino County and the City of San Bernardino for APN 0140-191-18-
0000.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2004-364 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
29. RES. 2004-366 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor of the City of San Bernardino or
her designee to apply for and administer six (6) $1,000 grants from the
California Fertilizer Foundation.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2004-366 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
30. RES. 2004-367 - Resolution of the Mayor and Common Council of the City
of San Bernardino endorsing application under the Mobile Source Air
Pollution Reduction Review Committee by 2003-04 Local Government
Match Program.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-367 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
31. RES. 2004-368 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Police Department to apply for and
accept a California Seat Belt Compliance Campaign Mini Grant from the
State of California Office of Traffic Safety in the amount of $49,523.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
12 11/15/2004
Resolution No. 2004-368 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
32. Public hearing - proposed expenditures of monies allocated from the FY
2004/2005 Local Law Enforcement Block Grant (LLEBG) (Continued from
November 1, 2004)
Note: No backup materials were submitted.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be continued to the
Council/Commission meeting of December 6, 2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
33. Public hearing - formation of a landscape maintenance assessment district
in the Palm Avenue & Verdemont Drive area - Assessment District No.
1032 - Tract No. 14352
RES. 2004-369 - Resolution of the City of San Bernardino finding and
determining the existence of less than a majority protest, that ballots
representing at least fifty percent (50%) affirmative votes for the proposed
assessment have been received and that the public convenience and necessity
require the maintenance of landscaping in the area of Palm Avenue and
Verdemont Drive, approving the final Engineer's Report, creating an
assessment district to cover the costs of said maintenance, known as
Assessment District No. 1032, ordering the work, confirming the 2005-2006
Assessment Roll, and determining that the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 shall not apply.
Mayor/Chairman Valles opened the hearing.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2004-369 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
13 11/15/2004
34. Public hearing - formation of landscape maintenance assessment district in
the Palm Avenue & Meyers Road area - Assessment District No. 1035 -
Tract Nos. 13572 & 15538
RES. 2004-370 - Resolution of the City of San Bernardino finding and
determining the existence of less than a majority protest, that ballots
representing at least fifty percent (50%) affirmative votes for the proposed
assessment have been received and that the public convenience and necessity
require the maintenance of landscaping in the area of Palm Avenue and
Meyers Road, approving the final Engineer's Report, creating an
assessment district to cover the costs of said maintenance, known as
Assessment District No. 1035, Zone 1 and Zone 2, ordering the work,
confirming the 2005-2006 Assessment Roll, and determining that the Special
Assessment Investigation, Limitation and Majority Protest Act of 1931 shall
not apply.
Mayor/Chairman Valles opened the hearing.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2004-370 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
35. Public meeting - formation of landscape maintenance assessment district in
the Magnolia Avenue & Ohio Avenue area - Assessment District No. 1030 -
Tract No. 14604
Mayor/Chairman Valles opened the meeting.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Derry, that the public meeting relative to the formation
of the Magnolia Avenue and Ohio Avenue area Landscape Maintenance
Assessment District No. 1030 be closed, and protests and ballots, if any, be
carried over to the public hearing on December 6, 2004, at 4:00 p.m.
14 11/15/2004
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
R36. Hearing - resolution of public interest and necessity for acquisition of real
property - 2073 N. Newcomb Street
RES. CDC/2004-43 - Resolution of the Community Development
Commission of the City of San Bernardino declaring the public interest and
necessity of acquisition of real property by the Redevelopment Agency of
the City of San Bernardino for Community Redevelopment purposes over
the property known as 2073 N. Newcomb Street, San Bernardino,
California (AP# 1191-021-21) in the Arden Guthrie Implementation Area
(IVDA Redevelopment Project Area).
Maggie Pacheco, Deputy Director, Economic Development Agency, advised
that staff had learned that this property had transferred ownership, and this
hearing was to afford the new property owner the opportunity to speak on this
matter.
The new owner was not present and did not submit any written comments.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. CDC/2004-43 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
37. Report on chronology of filling vacant tire fighter/paramedic positions -
communications between Fire Administration and Civil Service (Continued
from November 1, 2004)
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Derry, that the Mayor and Common Council receive
and file the report regarding the chronology of filling vacant fire fighter/
paramedic positions and communications between Fire Administration and Civil
Service.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
15 11/15/2004
38. Approve Continuation - Final Map for Tentative Tract No. 14112 located
northeasterly of the intersection of Foothill Drive and Sterling Avenue
(Continued from May 17, 2004)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council
approve continuance of the Final Map for Tentative Tract No. 14112 to the
Council/Commission meeting of May 16, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION
R39. Arrowhead Avenue Street Improvements (Continued from November 1,
2004)
RES. 2004-371 - A Resolution of the Mayor and Common Council of the
City of San Bernardino approving (1) a certain County Agreement and (2)
the Cooperation Agreement with the Redevelopment Agency of the City of
San Bernardino for costs invoicing relative to the National Orange Show
Events Center/Arrowhead Avenue Improvements project. (R39A)
RES. CDC/2004-44 - Resolution of the Community Development
Commission of the City of San Bernardino approving the Cooperation
Agreement for costs invoicing relative to the National Orange Show Events
Center/Arrowhead Avenue Improvements project. (R39B)
RES. CDC/2004-45 - Resolution of the Community Development
Commission of the City of San Bernardino approving the Redevelopment
Grant Agreement with the National Orange Show Events Center for the
Arrowhead Avenue improvements. (R39C)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolutions A-C, be adopted.
Mayor and Common Council Resolution No. 2004-371 and Community
Development Commission Resolution Nos. CDC/2004-44 and CDC/2004-45
were adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
16 11/15/2004
R40. Proposal to provide a CDBG Limited Loan Guarantee to the Totally Kids,
Inc. project (Previously discussed on November 1, 2004)
Gary Van Osdel, Executive Director, Economic Development Agency, advised
that subsequent to the last Council/Commission meeting, staff had been advised
that their 108 application to HUD had been approved for $7.5 million. He
noted that the Council had authorized to program $500,000 per year out of the
annual CDBG entitlement to make payment on the 108 loan. Therefore, the
item before them would be next to impossible and the Council could not be
expected to find another $250,000 in their annual block grant.
Therefore, staff was recommending a substitute motion, as follows: "That the
Mayor and Common Council of the City of San Bernardino refer this agenda
item to the Community Development Commission to be considered and
agendized on the next available agenda for such action as may be deemed
appropriate."
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council of the
City of San Bernardino refer this agenda item to the Community Development
Commission to be considered and agendized on the next available agenda for
such action as may be deemed appropriate. (Note: The vote was taken
following discussion.)
Council Member/Commissioner McCammack voiced opposition to this project
and asked her colleagues not to support this action. She noted that Community
Hospital already has a wing designated for kids just like those served by the
Totally Kids facility with beds ready to serve these patients. She claimed that
several local banks had turned Totally Kids down for a loan, and that the City
would be in the last position to collect its money if Totally Kids were to default.
Ms. McCammack was also critical of the fact that Bob Lemley and Mike Valles
were associated with the project, stating that Mr. Lemley was a close friend of
Valerie Pope -Ludlam and partly responsible for millions of dollars of
uncollectible loan guarantees that happened prior to Mr. Van Osdel becoming
director of the Economic Development Agency (EDA). According to Ms.
McCammack, the difference between Totally Kids getting City funding and
Community Hospital not getting this money is because Community Hospital did
not retain Bob Lemley and Mike Valles as their consultants.
Ms. McCammack advised that local mortgage lenders saw the last
Council/Commission meeting on television and have offered their services to
help Totally Kids, who have $25 million in assets, get hooked up with a
nongovernment guaranteed loan. In fact, she has the name of a lender who says
17 11/15/2004
he will be glad to help with a loan for any group of managing partners with $25
million in assets —liquid or not.
Council Member/Commissioner Longville expressed her opposition to raiding
the EDA coffers now that CDBG funding is no longer available. She stated she
did not see any mechanism by which the Council could justify giving this
financial assistance, stating that it is not going to generate sales tax, it's not
going to create jobs that San Bernardino residents are clamoring to obtain, and
the City has neighborhoods that desperately need assistance from the EDA. She
stated that she would be voting in opposition to considering this project from
another funding source as well.
Council Member/Commissioner Estrada clarified that she has worked in the past
with Mr. Bob Lemley, and she does not know that Mr. Lemley ever had a vote
on this Council/Commission—that he could not approve anything or carry
anything forward in any way, shape, or form unless the Commission instructed
him to do so —that the Commission is the one who votes and approves or
disapproves projects.
City Attorney Penman expressed his concerns regarding Mr. Lemley's
involvement in this project, citing his close ties with Valerie Pope -Ludlam and
his close ties to two major losses of loan guarantees in the past, including the
Standard Mortgage Project. He denounced Mike Valles for allegedly criticizing
a Council member to her face for her stance on this matter and stated it was a
sad day for the City when we have reached the point where nepotism seems to
be having an impact on the project being considered.
Mayor Valles advised that she has a commitment not only for service to the
children, but also a commitment for training and preparing professionals in the
health -related occupations; and her brother, Mike Valles, had asked if she was
aware of the Totally Kids Program and explained what they do. Subsequently,
she visited them and found that he was absolutely right, and she thanked him for
calling her attention to them.
Mayor Valles stated that she took it upon herself to visit the Community
Hospital wing mentioned earlier by Council Member/Commissioner
McCammack, and she was very disappointed with what she found —especially
the lack of one-on-one care that she personally witnessed. She stated she was
disappointed that Ms. McCammack and Mr. Penman chose to use a public
forum to accuse her brother of something unethical.
City Attorney Penman stated that if the City was as willing to give assistance to
nonprofit Community Hospital, which has been in this city for many, many
years —perhaps they could afford to have people tending those children one-on-
one, instead of giving money to an organization that has heretofore not been in
18 11/15/2004
this city, has no track record in this city, and the only basis on which it appears
the Mayor is supporting it is the fact of who they have hired as a consultant.
He added that the Mayor, herself, led a drive to ban nepotism from the City of
San Bernardino employment, and he thought it would have been appropriate, if
her brother was going to be in this position, to recuse herself to avoid the
appearance of a conflict and not lobby the Council members and not push them
to go visit this program. He added that there is no question that the service
Totally Kids provides is a good service. The problem is, this is a for -profit
corporation, and it is not generally the City's role to fund for -profit corporations
in health care —nonprofits maybe, but not for -profits.
Mayor Valles clarified that Mr. Penman is not aware of the dialogue that is
going on between her office and Community Hospital, and the intentions of her
office to meet with the different boards to assist the Community Hospital as best
the City can. Insofar as nepotism is concerned, she stated that it was her
understanding that nepotism is when you are in a position of power and you hire
someone and they use monies for payment; and in this case, she did not think
nepotism was an issue.
Council Member/Commissioner Derry stated that there seems to be a large issue
here between for -profit and nonprofit organizations and he wanted to be very
clear, that if the needs and services of the community are going to be met, it is
going to take public/private partnerships —that it is going to take work between
the City (when it can) and nonprofits and for -profits —it is not a one-way street.
He stated that he was going to make a determination on whether using Economic
Development Agency funds was the correct way to go on this —that he was
going to think about it long and hard, which is why there was a motion to
continue the matter. He stated he did not want anyone to think that the City and
the nonprofits are going to be the only solution —that is simply false and without
for -profits it will not happen. He also advised that he had not been approached
by Community Hospital for any help, but he would be happy to look at some
options Community Hospital might have. He stated that the City was not
approached until lately about their needs, and he did not know about their
program. He added that the Totally Kids project has been a number of years in
the making, and he felt the Council members needed to take the time to consider
it in a legitimate fashion.
Mr. Derry stated that he understood the nonprofits having some concerns that
the City is taking something away from them, but that simply is not the case
right now. As a matter of fact, he pointed out to some of the nonprofits that
contacted him, that the City spends $2 million in CDBG funding for code
enforcement purposes that are not related to nonprofits at all. He stated that he
thought the City could defend that, but it is up to this Council to make some
determination and to be fair and reasonable and honest. He stated that he
19 11/15/2004
thought the Council needed to consider this opportunity very closely and make a
determination not based on any knee jerk reactions but on thoughtful
deliberation.
Anthony Rubio, County of San Bernardino Children's Network, 385 North
Arrowhead Avenue, 2nd Floor, San Bernardino, CA, stated he was the County
Childcare Coordinator and works with the San Bernardino Planning Childcare
Council. He expressed support for this project, stating that one of their six
goals is to ensure that children have access to quality care, including children
with special needs.
Augustos Suiter, 733 North "G" Street, San Bernardino, CA, stated he was a
25-year resident of San Bernardino and was critical of government at any level
giving away taxpayers money —whether it be grants, loans, or guarantee of
loans. He also questioned the assertion that the Totally Kids project would
provide a training ground for nurses and medical staff and be an addition to the
city's economic base. He stated that the one thing he saw that was absent in the
whole process is that there is no follow-up by the Council or Redevelopment to
ensure that those receiving the monies are doing what they have promised and
are supposed to do.
Tony Jackson, Vice President of Clinical Services at Community Hospital and
administrator for the pediatric sub -acute unit, 1805 Medical Center Drive, San
Bernardino, CA, stated that his goal was to educate the Mayor and Council on
the services offered at Community Hospital. He expressed disappointment with
the Mayor's comments relative to the hospital's pediatric sub -acute unit and
ascertained that if the Mayor were to contact the State she would be told that on
a per child basis they provide more staffing than any other sub -acute unit in the
state. He stated that they want to emphasize that if the need is for care for
special needs children, they have the capacity; and although they have only been
open since May, to have ten kids by this point in time is a great
accomplishment. He noted that they have 24 beds certified, and if education is
part of the goal, they offer that also.
Mayor Valles stated that this is not about supporting one program over another,
and she would hope that with the hospital everyone can work cooperatively to
serve the children and the students in the best way possible. She stated that she
hoped the City could help both Community Hospital and Totally Kids as best it
can and not pit one against the other. She reaffirmed that it is her intention to
work with Community Hospital and that so much more can be accomplished if
everyone joins forces and works together to provide these healthcare services to
the children.
20 11/15/2004
Marvin Reiter, 2481 Cymbidium Court, Highland, CA, stated he has been a
member of the Board of Directors of San Bernardino Community Hospital since
1982 and the hospital is very near and dear to him. He noted that Community
Hospital profits stay in the community completely; and that the Council should
realize that anything they do to help Totally Kids will detract from the hospital's
ability to continue to serve the community, which they have been doing for over
95 years.
Council Member/Commissioner Johnson thanked the individuals from
Community Hospital for coming to the meeting and informing the Mayor and
Council of the services they provide. He reiterated that this is not a competition
for dollars.
Council Member/Commissioner McGinnis noted that the City has made many,
many deals with for -profit agencies. He stated that he had seen the Totally Kids
facility and would like to see the hospital's program. He expressed support of
this endeavor, stating that it was a good public/private venture.
The motion made by Council Member/Commissioner Estrada, seconded by
Council Member/Commissioner McGinnis, that the Mayor and Common
Council of the City of San Bernardino refer this agenda item to the Community
Development Commission to be considered and agendized on the next available
agenda for such action as may be deemed appropriate, carried by the following
vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry,
Kelley, Johnson. Nays: Council Members/Commissioners Longville,
McCammack. Absent: None.
Mayor Valles asked Ms. McCammack to provide the names of the local
mortgage companies who stated they would be willing to guarantee the loan
without a government guarantee to representatives from Totally Kids.
R41. 2004 Redevelopment Participation Agreement between the Redevelopment
Agency and La Curacao, Inc., - Redevelopment Cooperation and Financing
Agreement between the Redevelopment Agency and the City (La Curacao
Department Store)
RES. 2004-372 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a certain Redevelopment Cooperation and
Financing Agreement between the Redevelopment Agency of the City of San
Bernardino and the City of San Bernardino, California (La Curacao, Inc.,
- Redevelopment Cooperation and Financing Agreement). (R41A)
21 11/15/2004
RES. CDC/2004-46 - Resolution of the Community Development
Commission of the City of San Bernardino approving a certain
Redevelopment Cooperation and Financing Agreement between the
Redevelopment Agency of the City of San Bernardino and the City of San
Bernardino, California (La Curacao, Inc., - Redevelopment Cooperation
and Financing Agreement). (R41B)
RES. CDC/2004-47 - Resolution of the Community Development
Commission of the City of San Bernardino approving a certain 2004
Redevelopment Participation Agreement between the Redevelopment
Agency of the City of San Bernardino and La Curacao, a California
Corporation. (R41C)
Council Member/Commissioner McCammack stated that she did not think the
best use of the old Sam's Club building was something that requires a City
incentive. She stated that the Council/Commission has to stop giving it away
and start spending it on cleaning up blight and reducing crime.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolutions A-C, be adopted.
Mayor and Common Council Resolution No. 2004-372 and Community
Development Commission Resolution Nos. CDC/2004-46 and CDC/2004-47
were adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: Council
Member/Commissioner McCammack. Absent: None.
42. Public Comments
Augustus Suiter, 733 North "G" Street, San Bernardino, CA, spoke regarding
the Flesh Club lawsuit and the fact that no one seems to know exactly how much
money has been spent over the years on this matter. Also, when the Council or
Community Development Commission evaluate projects, the agreements need to
include follow-up specifications such as audits, physical inspections, etc. to
make sure the organizations are doing what they have said they will do.
City Attorney Penman provided background information on the Flesh Club case,
advising that the total cost to date to defend the City was $456,911.41--
$261,772.10 for outside legal counsel and $195,139.31 for other costs. He
added that the judgment against the City entered by the jury was initially $2.6
million, but the jury lowered the amount to $1.4 million.
Larry Singleton, a resident of San Bernardino, spoke regarding the inequities
that exist within our society and the plight of the less privileged.
22 11/15/2004
Marshall Hansen, 18177 Hawthorne Avenue, Bloomington, CA, a member of
the Fontana Lodge of Odd Fellowship, spoke in support of preserving the
building at 1156 North "F" Street, which is part of the Lakes Project.
Reverend Deanna Adams, Victory Chapel, 1156 North "F" Street, San
Bernardino, CA, spoke in opposition to the Lakes Project. She stated that she
has a petition with 350 signatures opposing the Lakes Project, which she will
submit when she has 1,000 signatures.
Francis R. Calderon, 1298 North Arrowhead Avenue, San Bernardino, CA,
stated that she had been told that her property was going to be acquired by
eminent domain to build more school buildings. She expressed distress and
concern that she had not received notice and that her property could be taken
from her for this purpose.
Mayor Valles advised Ms. Calderon that the City was not buying her property;
that this was an issue involving the School District and the School Board. She
informed her that there would be a combined Council/School Board meeting on
Tuesday, November 16, at 5:30 p.m. at the District Offices, and suggested she
attend the meeting and address the members of the Board regarding her
concerns.
Reverend Betty Long, 734 West 10' Street, San Bernardino, CA, spoke
regarding several items including the fact that Council Member/Commissioner
Longville's presence is nonexistent in her neighborhood, the ownership of
Seccombe Lake, and her plans to run for Mayor at the next City election.
Demetrius Sims, 1650 West 16' Street, San Bernardino, CA, stated that he was
injured on an uneven sidewalk at 1076 Baseline, he has noticed that many of the
sidewalks on the Westside are in need of repair, and there is a need for
sidewalks to be installed where he lives as there are many seniors there.
Paul Sanborn, 3559 Genevieve, San Bernardino, CA, congratulated the Mayor
and Council on the clean-up of Seccombe Lake, criticized The Sun newspaper
on their reporting of particular events, and advised the Council that they were
losing the battle with graffiti. Mr. Sanborn also stated that the City needs more
cops and should place a moratorium on building until we have enough cops; and
commented on the $113 million the County "found" and questioned how many
nonprofits tried to get funds from the County and were told there was no
money.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the
recent election and how George Bush stole the election.
23 11/15/2004
43. Adjournment
At 5:29 p.m. the meeting adjourned to 5:30 p.m., Tuesday, November 16,
2004, at the San Bernardino City Unified School District, 777 North "F" Street,
San Bernardino, California. The next joint regular meeting of the Mayor and
Common Council/Community Development Commission is scheduled for 1:30
p.m., Monday, December 6, 2004, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
No. of Items: 43
No. of Hours: 4
RACHEL G. CLARK
City Clerk
By: L� e. Yo r X
Linda E. Hartzel
Deputy City Clerk
24
11/15/2004