HomeMy WebLinkAbout09-19-2005 MinutesMayor Judith Valles
CITY OF SAN BERNARDINO
Council t[ Members:
Esther Estrada
300 N. "D " Street
Susan Longville
San Bernardino, CA 92418
Gordon McGinnis
Neil Derry
Website: www.sbcity.org
Chas Kelley
Rikke Van Johnson
Wendy McCammack
MINUTES
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
SEPTEMBER 19, 2005
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council, Community Development
Commission, and the San Bernardino City Housing Authority of the City of San
Bernardino was called to order by Mayor Pro Tem/Acting Chairman Estrada at 1:33 p.m.,
Monday, September 19, 2005, 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 Estrada; Council Members/Commissioners Estrada, McGinnis,
Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Mayor/Chairman Valles, Council Members/
Commissioners Longville, Kelley.
Council Member/Commissioner Kelley Arrived
At 1:50 p.m., Council Member/Commissioner Kelley arrived at the Council/Commission
meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
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Redevelopment Agency of the City of San Bernardino v. Jaime Alvarez, et
al. - San Bernardino Superior Court Case No. SCVSS 86091/United States
District Court Case No. EDCV 02-142 RT (SGLx);
Mark Emoto vs. City of San Bernardino, et al. - San Bernardino Superior
Court Case No. SCVSS 119904.
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:
Appointment
Economic Development Agency Interim Director
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. Property: 247 West 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
2 09/19/2005
3.
17
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: Terms and conditions
Property: Joint Use Multipurpose Room/Gymnasium at the
Cesar Chavez Middle School, 6650 Magnolia
Court, San Bernardino, California
Negotiating Parties: Marianne Milligan, City Attorney's Office, and
Teri Baker, City Administrator's Office, for the
City of San Bernardino, licensee; Wael Elatar,
Facilities Administrator, San Bernardino City
Unified School District, as property owner
Under Negotiation:
Property:
Terms and conditions
Community Facilities:
Delmann Heights Community Center
Fifth Street Senior Center
Lytle Creek Community Center
Mill Community Center
Nicholson Community Center
Perris Hill Park Senior Park
Ruben Campos Community Center
Rudy Hernandez Community Center
Norton/Galaxy Ballroom
2669 N. Flores Street
600 W. Fifth Street
380 S. "E" Street
503 S. "E" Street
2750 W. Second Street
780 E. 21" Street
1717 W. Fifth Street
222 N. Lugo
1494 Art Townsend Drive
Negotiating Parties: Marianne Milligan, City Attorney's Office, and
Lemuel P. Randolph, Director, Parks, Recreation
and Community Services Department, for property
owner; Gregory Humpal, Contract Analyst, San
Bernardino City Unified School District
City Attorney Penman announced that the following additional item would be
discussed in closed session under Agenda Item No. 1D, Personnel:
Threats to a police officer.
Closed Session Announcement
City Clerk Clark announced that in closed session the Council voted unanimously
to appoint Maggie Pacheco as Economic Development Agency Interim Director
effective November 1, 2005, at a salary of $12,439 per month, including a car
allowance, and to keep the deputy director position open.
3 09/19/2005
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland 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 the San Bernardino City Housing Authority.
Invocation/Pledge of Allegiance
The invocation was given by Chaplain David Randolph of San Bernardino Community
Hospital, followed by the pledge of allegiance, led by Albert Avalos from Bradley
Elementary School.
2. Appointment — Dr. J. Milton Clark — Board of Library Trustees — Mayor
Valles
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner McCammack, that the appointment of Dr. J. Milton Clark
to the Board of Library Trustees, as requested by Mayor Valles, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Longville.
3. Presentations
A certificate of recognition was presented to Lila Hayes in honor of her volunteer
work in assisting the victims of the Old Fire in their recovery efforts.
The Second Quarter 2005 Customer Service Award was presented to Teri Dobbs,
Volunteer Coordinator with the Parks, Recreation and Community Services
Department for her excellence in customer service. She was named "Volunteer
Coordinator of the Year" in 2004, and also designed a handy "Community
Services Directory" for staff and volunteers to use as a resource to better serve the
public.
Peggi Hazlett, Community Liaison in the Mayor's Office, announced that with the
help of Tom Rubio of the San Bernardino City Professional Firefighter's
Association and rookie firefighter Ponce De Leon, the City raised approximately
$10,000 for the victims of Hurricane Katrina. Ken Mosley, President of the San
Bernardino Professional Firefighter's Association, thanked Chief Pitzer and the
crews who passed the boot at the Route 66 Rendezvous and collected $20,000. In
addition, Ms. Hazlett announced that Transtech and Watson & Associates each
agreed to match employee contributions up to $10,000, and the Cambodian
Buddhists pledged $3,000, for a grand total of $55,000 that would be sent by the
City of San Bernardino to the United Way of Greater New Orleans.
4 09/19/2005
June Durr, Public Information Officer in the Mayor's Office, read the names of the
following individuals who were presented a service pin award by Mayor Pro Tern
Estrada in recognition of their many years of dedicated service to the City:
Name
Department
Melinda McCoy
Animal Control
Debra Nagy
City Attorney
Sheila Chapman
Code Compliance
Sylvia Loza
Council
Timothy Patsch
Facilities Management
Blanche Medina
Finance
Steven Avila
Fire
Steven Cobb
Fire
David Jacobo
Fire
Steve Tracy
Fire
Mary Chartier
Library
John Pena
Public Services
Tina Torres
Public Services
Years of Service
5
10
15
25
5
20
25
25
25
5
30
15
15
Council Member/Commissioner Longville Arrived
At 3:22 p.m., Council Member/Commissioner Longville arrived at the Council/
Commission meeting.
4. Announcements
Announcements were made by the Mayor Pro Tern, members of the Common
Council, elected officials, and a representative from the Chamber of Commerce
regarding various civic, community, and chamber events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that full reading of the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common
Council, Community Development Commission and the San Bernardino City
Housing Authority, be waived.
The motion carried by the following vote:
Commissioners Estrada, Longville, McGinnis,
McCammack. Nays: None. Absent: None.
Ayes: Council Members/
Derry, Kelley, Johnson,
5 09/19/2005
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the minutes of the following meeting of the
Mayor and Common Council and the Planning Commission of the City of San
Bernardino be approved as submitted in typewritten form: August 8, 2005.
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 Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the claims and payroll and the authorization
to issue warrants as listed on the memorandum dated September 6, 2005, 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.
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the personnel actions, as submitted by the
Chief Examiner, dated September 15, 2005 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. 2005-316 — Resolution of the Mayor and Common Council of the City of
San Bernardino approving a Master Services Agreement by and between the
Inland Valley Development Agency and the City of San Bernardino for
provision of City services for Fiscal Year 2005/2006.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted; and that the
Director of Finance be authorized to increase Account No. 001-183-5505 by
$100,000 for expedited engineering services, and Revenue Account No. 001-000-
4671 by $100,000 to reflect corresponding reimbursement.
6 09/19/2005
The motion carried and Resolution No. 2005-316 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
10. RES. 2005-317 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of Amendment Number 3 and
ratifying Amendment Number 2 to the Cooperative Agreement between the
City of San Bernardino and the San Bernardino Associated Governments
(SANBAG) for the San Bernardino Metrolink Commuter Rail Station and the
San Bernardino Santa Fe Depot Rehabilitation Project, Contract No. 04-040.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-317 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11. RES. 2005-321 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the destruction of certain records no longer
required to be maintained by the San Bernardino City Attorney's Office.
Council Member/Commissioner Longville stated that she wanted more information
because she found out that the documents had to do with Arden Guthrie.
City Attorney Penman stated that the box contained bankruptcy records relative to
Arden Guthrie.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-321 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12. 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 distributed.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council confirm
the need for continuing in effect the local emergency caused by the Old Waterman
Canyon Fire.
7 09/19/2005
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13. RES. 2005-318 - Resolution of the City of San Bernardino amending
Resolution No. 3985 entitled, in part, "A resolution... prohibiting parking upon
certain designated streets, alleys, or portions thereof..." to establish a no
parking except by permit at any time zone on the east side of Golden Avenue
between Holly Vista Boulevard and three hundred sixty five feet north of Holly
Vista Boulevard and on the west side of Golden Avenue between Holly Vista
Boulevard and five hundred feet north of Holly Vista Boulevard.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-318 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14. RES. 2005-319 - Resolution of the City of San Bernardino directing and
authorizing the execution of a Sales and Purchase Agreement with David E.
Mlynarski and the execution of a grant deed for the sale of City property
generally located on the southeast corner of Mac Kay Drive and "D" Street in
the City of San Bernardino.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-319 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
15. RES. 2005-322 - Resolution of the City of San Bernardino authorizing the
execution of a lease agreement between the City of San Bernardino, a
municipal corporation and New Cingular Wireless PCS, LLC, a Delaware
limited liability company. (Nicholson Park, 2750 West Second Street).
Ryan Shields, representing the applicant, Cingular Wireless, 101 S. First Street,
Suite 405, Burbank, CA, stated that he was available to answer questions.
Sylvia Arias, 1330 Reece Street, San Bernardino, CA, Sixth Ward activist, stated
that a 60-foot Team Mobile cell tower was being erected next to her home and she
had concerns about possible health hazards, depreciation of property values, and
the fact that the residents in the area were not notified. Due to the fact that she was
not getting any support from City officials, she requested that a formal report be
8 09/19/2005
given to the Northwest PAC, of which she is a member. Ms. Arias inquired as to
how the placement of these cell towers could be regulated.
Mr. Shields stated that this project was approved on May 24, 2005, by the
Planning Commission. He clarified that this was a replacement site and that there
were two existing cell phone companies operating at the park.
City Clerk Clark stated that according to the staff report, the cell tower was to be
located at Nicholson Park at 2750 W. Second Street, which is quite a distance from
Ms. Arias' residence on Reece Street.
Council Member/Commissioner McCammack stated that these were unrelated
events in terms of location, but she felt that Ms. Arias had a valid concern and
deserved an explanation.
Council Member/Commissioner Johnson stated that when Ms. Arias brought this
matter to his attention, it just so happened that this item was on the agenda. He
stated that the problem is that towers 75 feet or less in height do not require a
hearing in the City. He stated that he requested that this issue be brought to the
Legislative Review Committee so they could look at what's being done in other
municipalities and discuss ways to prevent this from having a negative impact on
the residents.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-322 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16. RES. 2005-323 — Resolution of the Mayor and Common Council of the City of
San Bernardino approving Standard Form of Agreement for Subdivision Tract
No. 10260 located north of Hill Drive and west of Mayfield Avenue with
Gardner Construction & Development, Inc., with time of performance
specified, and authorizing release of John C. Heers, Inc. from terms of
Standard Form of Agreement for Subdivision Tract No. 10260 as approved by
Resolution No. 85-434, dated October 21, 1985.
Council Member/Commissioner Derry abstained due to the fact that he is
purchasing a home in this area. He left the Council Chambers and returned after
the vote was taken.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
9 09/19/2005
Resolution No. 2005-323 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Kelley, Johnson,
McCammack. Nays: None. Abstentions: Council Member/Commissioner
Derry. Absent: None.
17. RES. 2005-324 - 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 used Ford Crown Victoria sedans to be utilized by the Police
Department.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-324 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. RES. 2005-320 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a purchase order to Advanced
Infrastructure Technologies for a used 2005 Chevrolet Express Van complete
with a CCTV camera system to be utilized by the Sewer Line Maintenance
Division.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-320 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. RES. 2005-325 - Resolution of the Mayor and Common Council of the City of
San Bernardino supporting the Sexual Predator Punishment and Control Act:
Jessica's Law.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2005-325 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20. Resolution of the City of San Bernardino setting a public hearing relative to
the formation of Underground Utility District No. 32, generally located along
portions of Victoria Avenue. (Continued from August 1, 2005)
10 09/19/2005
Council Member/Commissioner Derry requested a two -week continuance because
he was waiting for clarification from Edison relative to a potential conflict of
interest.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Kelley, that the matter be continued to the Council/
Commission meeting of October 3, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21. Joint workshop of the Mayor and Common Council and Planning Commission
in the Economic Development Agency Board Room to discuss circulation
improvements and the Nexus Study
Steve Smith of SANBAG distributed copies of the "Nexus Study Workshop," and
discussed highlights of the interoffice memorandum dated September 15, 2005,
from James Funk, Development Services Director, which was included in the
backup materials. He stated that in November 2004, San Bernardino County
voters approved Measure I, the half -cent sales tax that will fund transportation
improvement projects throughout San Bernardino County. Mr. Smith explained
that SANBAG's development mitigation program ensures that new development
will pay its fair share for the construction of regional transportation infrastructure,
including freeway interchanges, major streets and railroad grade separations. He
noted that the expenditure plan in Measure I looks at how to fund these projects
with four basic components: Measure `I' (1/2-cent sales tax), Federal funds, State
funds, and development contributions.
Mr. Smith went on to say that the program does not include a uniform regional fee;
instead, it allows each local jurisdiction to design its own approach to reach
specified levels of fair share contributions from new development. He stated that
SANBAG is setting a fair share requirement for each city, and it is the
responsibility of these municipalities to show how they will reach the required level
of development contribution. He indicated that the fair share contributions are
determined by what they are calling the Nexus Study, which is just a fancy name
for a technical study that determines what the fair share should be, and State law
mandates that there has to be a rational nexus between the fee that's charged and
the impact that takes place. He added that once that study is approved, each
jurisdiction will have a fair share target amount they will have to meet in their own
development mitigation program.
Mr. Smith pointed out that the City has until November 2006 to come back to
SANBAG with a program that shows mitigation relative to regional improvements
and suggested that staff provide them with a draft version for review several
11 09/19/2005
months prior to the deadline. He added that each jurisdiction will set its own fee
levels based on the target amounts identified by SANBAG, and that this would
provide the freedom to allocate the types of fees that will be needed to achieve the
level of total mitigation that is in the SANBAG Nexus Study.
Mark Lancaster, Deputy Director/City Engineer, stated that this program would
collect fees from developers in order to provide funds for freeway interchanges,
grade separations and major arterials that take regional traffic through local
jurisdictions. He discussed how the Nexus Study would be implemented, what
projects were on the list, and the next steps that must be taken.
No action was taken.
COMMUNITY DEVELOPMENT COMMISSION
R22. Public hearing - 2005 491' Street Single Family Residential Disposition and
Development Agreement - TELACU Development, LLC (40'" Street
Redevelopment Project Area) (Continued from September 6, 2005)
Resolution of the Mayor and Common Council of the City of San Bernardino
approving the 2005 49 s Street Single Family Residential Disposition and
Development Agreement by and between the Redevelopment Agency of the
City of San Bernardino ("Agency") and TELACU Development, LLC
("Developer") (TELACU 49" Street New Homes Project - 40' Street
Redevelopment Project Area.). (R22A)
Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director to execute the
2005 49' Street Single Family Residential Disposition and Development
Agreement by and between the Redevelopment Agency of the City of San
Bernardino ("Agency") and TELACU Development, LLC ("Developer")
(TELACU 49`h Street New Homes Project - 40' Street Redevelopment Project
Area.). (R22B)
Note: No backup materials were distributed.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the Council/
Commission meeting of October 17, 2005.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12 09/19/2005
R23. Termination Agreements - Imperial Imports Inc., DBA Toyota of San
Bernardino, Scion of San Bernardino and San Bernardino Hyundai
RES. 2005-326 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor to execute the Termination Agreement
to that certain Redevelopment Cooperation and Financing Agreement by and
between the City of San Bernardino and the Redevelopment Agency of the
City of San Bernardino (Redevelopment Cooperation and Financing
Agreement - Imperial Imports, Inc., DBA Toyota of San Bernardino, Scion of
San Bernardino and San Bernardino Hyundai). (R23A)
RES. CDC/2005-30 - Resolution of the Community Development Commission
of the City of San Bernardino authorizing the Chairperson of the Community
Development Commission to execute the Termination Agreement to that
certain Redevelopment Cooperation and Financing Agreement by and between
the City of San Bernardino and the Redevelopment Agency of the City of San
Bernardino (Redevelopment Cooperation and Financing Agreement - Imperial
Imports, Inc., DBA Toyota of San Bernardino, Scion of San Bernardino and
San Bernardino Hyundai). (R23B)
RES. CDC/2005-31 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Executive
Director of the Agency to execute the Termination Agreement to the
Redevelopment Participation Agreement by and between the Redevelopment
Agency of the City of San Bernardino and Imperial Imports, Inc., (DBA
Toyota of San Bernardino, Scion of San Bernardino and San Bernardino
Hyundai). (R23C)
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that said resolutions A, B, and C, be adopted.
Mayor and Common Council Resolution No. 2005-326 and Community
Development Commission Resolution Nos. CDC/2005-30 and CDC/2005-31 were
adopted by the following vote: Ayes: Council Members/Commissioners Estrada,
Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: None.
R24. Property Owner Participation Agreement (OPA) - Meadowbrook Park
Revitalization Area and Resolution rescinding Resolution No. SBHA/2005-03,
Resolution of Public Interest and Necessity of Acquisition of Real Property
located at the northwest corner of Allen Street and Rialto Avenue, San
Bernardino, California
13 09/19/2005
Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency") to execute
the 2005 Property Owner Participation Agreement by and between the
Redevelopment Agency of the City of San Bernardino and Bonnie S. Johnson
("Owner") for the development of three (3) single family homes on the
property located on the northwest corner of Allen Street and Rialto Avenue
(APN: 0135-292-39) ("Property") (Meadowbrook Park Revitalization Area).
(R24A)
Resolution of the San Bernardino City Housing Authority making certain
findings with respect to the use of certain property for residential development
in the Meadowbrook Park Revitalization Area and rescinding Housing
Authority Resolution No. SBHA/2005-03 adopted June 20, 2005 related to the
land located at the northwest corner of Allen Street and Rialto Avenue, San
Bernardino, California, APN 0135-292-39 ("Property"). (R24B)
Council Member/Commissioner Johnson abstained due to the appearance of a
conflict because this matter involved his boss, who is also his aunt. He left the
Council Chambers and returned after the vote was taken.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Derry, that the said resolutions A and B be adopted. (Note:
No vote was taken.)
Council Member/Commissioner McCammack asked if the Agency would be
required to provide down payment assistance to the homeowners.
Gary Van Osdel, Economic Development Agency Executive Director, stated that
no conversations had been conducted with the owner of the property relative to that
potential assistance. Mr. Van Osdel stated that they were not required to sell to
low and moderate income people, but if they had low and moderate income buyers,
and those buyers come to the Agency requesting down payment assistance, they
would consider that.
Council Member/Commissioner McCammack stated that there was some
information contained in the Property Owner Participation Agreement (OPA)
regarding development of affordable infill housing and some covenants that go with
the land that will run for 24 months. She asked if the Agency would be required to
offer down payment assistance if this was in fact affordable housing and the buyers
did request it.
Maggie Pacheco, Deputy Director, Economic Development Agency, stated that
this agreement did not obligate the Agency to provide any financial assistance to
the particular development, it simply requires the property owner to abide by the
14 09/19/2005
development standards approved by the Planning Commission and also abide by the
development schedule. She stated that if the home buyer were to come in and
apply for home buyer's assistance through the Agency's program, that application
would be reviewed based upon their criteria; however, she stated that there was no
obligation in the agreement to provide that assistance to the owner of this property
or the buyer.
Council Member/Commissioner McCammack stated that she understood that
Council Member/Commissioner Johnson left the room due to the appearance of a
conflict. However, she stated that it appeared to her that this process had been
tainted from the beginning by the mere fact that Mr. Johnson used his position to
influence this item through the Economic Development Agency, and he made a
direct phone call to Mr. Van Osdel asking for a specific price on the land. Ms.
McCammack indicated that she felt the Council should not go forward with this
item until the Fair Political Practices Commission (FPPC) completed their review.
City Attorney Penman stated that this issue was submitted to the FPPC and they
determined that it was an actual conflict of interest violation. He stated that Mr.
Johnson made a telephone call to Mr. Van Osdel, identified himself as Councilman
Johnson, and he stated the amount of money his employer, who is also his aunt,
wanted for the property, which was three times the appraised value. He then asked
that he be contacted and left his City -issued cell phone number.
Council Member/Commissioner Longville stated that she did not have enough
information to vote on this matter, and suggested that it be continued for two
weeks.
Mr. Van Osdel stated that the things being discussed had nothing to do with staff,
and the Agency was not proposing to buy this piece of property. He stated that this
was an Owner Participation Agreement with the person that owns the property to
cooperate with what they were trying to accomplish in the Meadowbook area.
City Attorney Penman stated that EDA staff immediately reported the phone call
from Mr. Johnson, turned the tape over to his investigators, and in reporting it,
advised that Mr. Johnson had given his return phone number as his City cell
number. He stated that the City Council made a decision not to pay the amount
Ms. Johnson was demanding and they voted to proceed to condemn the property.
Mr. Penman stated that at that point in time, EDA was talking with Ms. Bonnie
Johnson and entered into this Owner Participation Agreement as an alternative to
purchasing the property.
Council Member/Commissioner Longville made a substitute motion, seconded by
Council Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of October 3, 2005.
15 09/19/2005
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, McCammack.
Nays: None. Abstentions: Council Member/Commissioner Johnson. Absent:
None.
25. Public Comments
Deanna Adams, 1156 N. "F" Street, San Bernardino, CA, spoke regarding
Mayoral candidates Judge Patrick Morris and James Penman; and stated that the
City needs to address issues such as blight, eminent domain, Seccombe Lake, the
Central City Project, and the Northlake Project.
Phyllis Collins, Ill E. 16' Street, San Bernardino, CA, stated that it takes too
long for the police to respond to problems.
Ken Ballinger, 2947 Orange Street, Highland, CA, stated that he has a drainage
problem in his home that was the result of water being diverted from the street to a
leaky drain that comes out in the middle of his property and floods his house. He
added that he plans to attend every Council meeting until someone pays attention to
him and takes care of the problem.
Roger Henderson, 2516 Valencia Avenue, San Bernardino, CA, stated that he
thought Mr. Penman was the right man for the job of Mayor of San Bernardino.
Brenda Allen, 3119 N. Pepper Tree Lane, San Bernardino, CA, stated that Mr.
Penman knows all the ins and outs and what it takes to be a good Mayor.
Stephanie Allen, resident of San Bernardino, CA, stated that she has known Mr.
Penman for over ten years and believes him to be the most honest attorney she
knows and the most ethical candidate for Mayor.
Sylvia Arias, 1330 Reece, San Bernardino, CA, stated that she just learned that on
August 5, 2004, a cell phone tower was approved to be located next door to her
house and she felt she should have been notified. She advised people to be leery of
this because once they put up one cell tower, they will put them up all over the
City.
S1. Use of City resources for political purposes (Agenda Item Nos. S1 and S2 were
discussed and voted on simultaneously.)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the matter be tabled. (Note: No vote was
taken.)
16 09/19/2005
Mayor Pro Tem/Acting Chairman Estrada stated that there were several people in
the audience who wanted to address this issue. She stated that it had been
suggested that those individuals who wished to speak to this matter could speak
during public comments at the end of the meeting.
City Attorney Penman advised that members of the public have a right to speak on
each agenda item before it is acted upon, and he added that he did not see any legal
basis that required them to wait until public comments. He went on to say that if
an item is on the agenda, members of the audience wishing to speak to that item
must speak during the time allocated for public comments on that item and are
precluded from speaking on any item that is on the agenda during public
comments.
City Clerk Clark stated that the only thing that would preclude members of the
public from being able to speak on this item was if the motion were defeated.
Mr. Penman stated that if the matter is tabled, members of the public would have
the right to address it as though it were an item that was not on the agenda. He
suggested that if they were going to table Agenda Item No. S1, they should also
table Agenda Item No. S2.
Council Member/Commissioner Kelley amended his original motion, seconded by
Council Member/Commissioner Derry, that Agenda Item Nos. S1 and S2 be
tabled.
The motion failed by the following vote: Ayes: Council Members/Commissioners
Derry, Kelley, McCammack. Nays: Council Members/Commissioners Estrada,
Longville, McGinnis, Johnson. Absent: None.
City Attorney Penman stated that Councilman Johnson's public statements at a
press conference claimed he was using Legislative Review Committee (LRC)
meetings for campaign purposes and that that was wrong and even illegal. He
stated that the vote that was just taken indicated that the same thing was happening
at this meeting that Mr. Johnson alleged happened at that meeting. He stated that
four Council Members supporting one candidate for mayor and three Council
Members supporting two different Council Members for mayor have voted in
opposite. Mr. Penman stated that Mr. Johnson's claim that he used LRC meetings
for political purposes had now turned around where Mr. Johnson put an item on
the agenda attacking a candidate opposed to his candidate. He stated that if what
he did at the LRC meetings was wrong, then what this Council just voted to do was
also wrong.
Mr. Penman stated that every time he has run for office, it has been voted to have
the Attorney General, the State Bar or the District Attorney investigate him. Mr.
Penman stated that this has not happened to any other elected official in the City;
and he added that he has been cleared every time by the State Bar, the Attorney
17 09/19/2005
General and the District Attorney. He stated that it happened in 1994, 1995 and
once again in 2005, when he is running for an office, the majority of the Council,
which supports another candidate and opposes his candidacy, is considering an item
to have him investigated for criminal conduct for using City phones, City
computers and City faxes for campaign purposes, which is a violation of the law.
Mr. Penman stated that Item S2 should be heard in conjunction with S1 because of
recent accusations against three other elected officials. He stated that Agenda Item
No. S2 called for all three to be referred to the District Attorney's Office: the City
Attorney, for allegedly using his office to campaign; the Mayor, for using her
office to get campaign signs put up for a specific candidate she was supporting; and
Councilman McGinnis, who, when he was running for Mayor and before he
withdrew his candidacy, was using his office. He stated that the question was
whether to adopt S2, to refer all of the accusations to the public integrity unit, or to
refer only the one that dealt with the City Attorney.
The following individuals spoke in favor of Supplemental Agenda Item No. S1
relative to an investigation of Mr. James Penman's use of City resources for
political purposes:
Jim Sivelle, 5350 Park Lane, San Bernardino, CA;
Shaun Clark, resident of Pasadena, CA, former City Administrator of the City of
San Bernardino;
Susan Willis, 3944 E. Piedmont Drive, Highland, CA;
Tommy Jane Roberts, 3771 Palm Crest Drive, San Bernardino, CA;
Timothy Prince, Attorney at Law, 290 N. "D" Street, Suite 807, San Bernardino,
CA;
Kathleen Ray, 533 W. 21" Street, San Bernardino, CA;
Norm Wallis, 3739 Palm Crest Drive, San Bernardino, CA;
Pick Avila, 863 30' Street, San Bernardino, CA; and
Frank Schnetz, 1635 Hampshire Road, San Bernardino, CA.
The following individuals spoke in opposition to Supplemental Agenda Item No. S1
relative to the use of City resources by Mr. James Penman for political purposes:
Ken Moseley, 371 W. 14' Street, San Bernardino, CA, President of the San
Bernardino City Professional Firefighters;
Roger Henderson, 2516 Valencia Avenue, San Bernardino, CA; and
Sylvia Arias, 1330 Reece, San Bernardino, CA.
Council Member/Commissioner Johnson subsequently changed his vote to support
the motion to table Agenda Item Nos. S1 and S2, and stated that he would follow
up with a formal request for an investigation by the District Attorney.
18 09/19/2005
S2. Use of City resources by elected officials for political purposes (Agenda Item
Nos. S1 and S2 were discussed and voted on simultaneously.)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the matter be tabled.
The motion failed by the following vote: Ayes: Council Members/Commissioners
Derry, Kelley, McCammack. Nays: Council Members/Commissioners Estrada,
Longville, McGinnis, Johnson. Absent None.
Council Member/Commissioner Johnson changed his vote to support the motion to
table Agenda Item Nos. S1 and S2, and stated that he would follow up with a
formal request for an investigation by the District Attorney.
26. Adjournment
At 8:10 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, October 3, 2005, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
No. of Items: 28
No. of Hours: 6
RACHEL G. CLARK
City Clerk
ByV Linda Sutherland
Deputy City Clerk
19 09/19/2005