HomeMy WebLinkAbout01-23-2006 MinutesSan
Mayor Judith Valles
CITY OF SAN BERNARDINO Council 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
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JANUARY 23, 2006
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 1:34 p.m., Monday, January 23, 2006, 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, McGinnis, Derry,
Johnson, McCammack; City Attorney Penman, City Administrator Wilson, City Clerk
Clark. Absent: Council Members/Commissioners Longville, Kelley.
Council Member/Commissioner Kelley Arrived
At 1:54 p.m., Council Member/Commissioner Kelley arrived at the Council/Commission
meeting.
Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Abdullah, et al. v. City of San Bernardino and San Bernardino Valley
Municipal Water District - San Bernardino Superior Court Case No.
SCVSS 126706;
01/23/2006
Adams v. City of San Bernardino and San Bernardino Valley Municipal
Water District - San Bernardino Superior Court Case No. SCVSS 126708;
In Re: Bankruptcy of Adelphia Communications Corporation - United
States Bankruptcy Court, Southern District of New York Case No. 02-
41724;
San Bernardino City Unified School District v. Oscar A. Sandoval, et al. -
San Bernardino Superior Court Case No. SCVSS 117009.
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:
Traffic Signal issue
Police Department Personnel issue
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:
Central City East Redevelopment Project Area
Properties: Vacant land
APN: 0135-191-11 and 15
Negotiating Parties: Maggie Pacheco, Interim Executive Director,
on behalf of the Redevelopment Agency, as
property owner, and Waterman Holdings,
LLC, as buyer
Under Negotiation: Purchase price, terms, and conditions
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2. Properties: Vacant land
APN: 0135-142-19
Negotiating Parties: Maggie Pacheco, Interim Executive Director,
on behalf of the Redevelopment Agency, as
owner/seller, and ANR Industries, Inc., as
buyer
Under Negotiation: Purchase price, terms, and conditions
3. Properties: Vacant land
APN: 0151-241-16 and 19
Negotiating Parties: Stacey Aldstadt, General Manager, on behalf
of the City of San Bernardino Water
Department, as owner/seller, and Maggie
Pacheco, Interim Executive Director, on
behalf of the Redevelopment Agency, as buyer
Under Negotiation: Purchase price, terms, and conditions
City Attorney Penman announced that the following additional items would be
discussed in closed session:
Agenda Item No. 26 - a traffic signal issue.
Under Agenda Item No. 1A, Existing Litigation:
Mohammed Fawzi Hassan, et al. v. City of San Bernardino, et al. - United
States District Court Case No. EDCV 05-328 VAP (SGLx).
Closed Session Announcement
City Clerk Clark announced that during closed session discussion had taken place
regarding Adelphia Communications Corporation and the consensus was that a
motion be made that the Mayor and City Council approve the settlement agreement
in the matter of the Bankruptcy of Adelphia Communications Corporation - United
States Bankruptcy Court, Southern District New York, Case No. 41724, as set
forth in the letter dated January 13, 2006, signed by Mark C. Schnitzer, the City's
contract bankruptcy attorney.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the settlement agreement be approved.
3 01/23/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Longville.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Pastor Richard Elwell of University Park Church, followed
by the pledge of allegiance, led by Stacy Shreve of Anderson School.
Moment of Silence
Mayor/Chairman Valles expressed condolences to the family and requested a moment of
silence in memory of lifelong resident and longtime attorney Stanley Wright Mussell,
Junior, who passed away at the age of 81.
2. Appointments - Council Member/Commissioner Johnson
• George Rawls - Planning Commission
• Catherine Hall - Senior Affairs Commission
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the appointments of George Rawls to the
Planning Commission and Catherine Hall to the Senior Affairs Commission, as
requested by Council Member/Commissioner Johnson, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Estrada, Longville.
3. Proclamations & Presentations
A proclamation designating February 3, 2006, as National Wear Red Day for
Women was accepted by Linda Nichols, Chairman of the Board of the Inland
Empire Board of Directors of the American Heart Association.
A certificate of recognition was presented to Dr. D. L. Van Voorhis for his
generous donation of three Philips HeartStart Home Defibrillators to the Parks,
Recreation, and Community Services Department.
A certificate of recognition was presented to Cheryl Brown in appreciation of her
many years of service to the City.
4 01/23/2006
Although she was not present to accept her certificate, Councilman Johnson
recognized Precious Wesley who recently resigned as Senior Affairs
Commissioner.
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/Chairman
Valles in recognition of their many years of dedicated service to the City:
Name
James Funk
Colin Strange
Kathryn Alvarado
Ruth Parish
Wallace Green
Department
Development Services
Economic Development Agency
Human Resources
Information Services
Mayor's Office
Years of Service
5
15
25
10
5
Council Member/Commissioner Longville Arrived
At 3:15 p.m., Council Member/Commissioner Longville arrived at the Council/
Commission meeting.
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 and community events and activities.
Mayor/Chairman Valles indicated that she had asked Interim Chief Billdt to give a
report on the City's crime impact team model.
Interim Police Chief Michael Billdt stated that he had been asked to come up with
both a short- and long-term plan for crime reduction and a deployment model for
the department. He stated that the short-term plan was still a work in progress;
however, he had made some recommendations to the City Council that he wanted
to share today.
Chief Billdt stated that he was recommending that the department proceed with the
immediate implementation of crime impact teams. He stated that five 6-person
teams would be assigned to each of the five policing districts. These teams would
focus specifically on crime trends and patterns in those specific geographic
locations in the City that have the highest level of crime, based upon recent crime
analysis information.
Chief Billdt stated that they would be patrolling in five major corridors in the City
that they believe, again based on crime analysis information, have the highest
density of criminal activity. He stated that the second step of their short-term plan
5 01/23/2006
5
Z
7
would be to utilize their geo mapping program and look back over three years to
identify what areas in the City have had the highest incidents of crime.
Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner McCammack 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.
Claims & Payroll
Council Member/Commissioner McCammack 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 January 17, 2006, from
Barbara Pachon, Director of Finance, be approved.
The motion carried by
Commissioners Estrada,
McCammack. Nays: None
Personnel Actions
the following vote:
Longville, McGinnis,
Absent: None.
Ayes: Council Members/
Derry, Kelley, Johnson,
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner McCammack, that the personnel actions, as submitted by
the Chief Examiner, dated January 19, 2006 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.
8. RES. 2006-13 — Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing execution of an Agreement with the City of San
Bernardino and the San Bernardino Black Culture Foundation for financial
assistance from the Civic and Promotion Fund for FY 2005/06.
6 01/23/2006
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; that the Mayor
and Common Council approve direct funding in the amount of $4,500 and indirect
funding in the amount of $16,914 be transferred from the 2005/06 Civic and
Promotion fund to various city departmental accounts as listed in the staff report
dated December 20, 2005, from Fred Wilson, City Administrator; and that a
waiver of fees and use of city personnel and equipment be authorized to assist in
the 2006 Black History Parade scheduled for February 4, 2006.
The motion carried and Resolution No. 2006-13 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
9. RES. 2006-14 - 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 McCammack made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-14 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. RES. 2006-15 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services
Agreement between AriasAaen and the City of San Bernardino to represent
the City in the case of Frank Ingram, III, Felicia Stansbury v. City of San
Bernardino, Chief Garrett Zimmon, Sergeant Baker, Officer Dave Green, et al. -
United States District Court Case No. EDCV 05-00925 VAP (SGLx).
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-15 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11. RES. 2006-16 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services
Agreement between Mundell, Odlum & Haws and the City of San Bernardino
for the purpose of conducting a personnel investigation.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
7 01/23/2006
Resolution No. 2006-16 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)
Council Member/Commissioner McCammack 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.
13. RES. 2006-17 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the Final Map for Tract Map No. 15228, located at
the southeast corner of Magnolia and Ohio Avenues in the RL, Residential
Low land use district, accepting the public dedications as set forth on said
map; and authorizing execution of the Standard Form of Agreement for the
improvements in said subdivision, with time for performance specified.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-17 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14. Resolutions awarding Contracts - various Landscape Maintenance Assessment
Districts (Areas "A", "B", and "C")
RES. 2006-18 - Resolution of the City of San Bernardino awarding a contract
to Golden West Landscape Contractor for the maintenance of landscaping in
Assessment District Nos. 976, 991, 997, 1017, 1025, 1028, 1030, 1031, 1032,
1035 Zone 1 & Zone 2, 1037, 1039, 1043 Zone 1 & Zone 2 (Area "A"). (14A)
RES. 2006-19 - Resolution of the City of San Bernardino awarding a contract
to Golden West Landscape Contractor for the maintenance of landscaping in
Assessment District Nos. 951, 952, 1002, 1019, 1040 & 1046 (Area "B"). (14B)
8 01/23/2006
RES. 2006-20 - Resolution of the City of San Bernardino awarding a contract
to Golden West Landscape Contractor for the maintenance of landscaping in
Assessment District No. 959 (Area "C"). (14C)
Council Member/Commissioner Derry stated that he would have to abstain on this
item because his new home is within 500 feet of one of the assessment districts.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Johnson, that said resolutions A-C, be adopted.
Resolution Nos. 2006-18, 2006-19 and 2006-20 were adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/
Commissioner Derry. Absent: None.
15. RES. 2006-21 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Master Agreement
Administering Agency - State Agreement for State Funded Projects - between
the City of San Bernardino and the State of California, and authorizing the
City Administrator to execute Program Supplemental Agreements to the
Master Agreement with the California Department of Transportation.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-21 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16. Item Deleted
17. RES. 2006-22 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a purchase order to Guzman
Construction Co. for repair of sidewalks, curbs, gutters, and cross gutters at
various locations throughout the City of San Bernardino.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-22 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9 01/23/2006
18. RES. 2006-23 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a purchase order to Road Works,
Inc. for crack -sealing services throughout the City of San Bernardino.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-23 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. RES. 2006-24 - Resolution of the Mayor and Common Council of the City of
San Bernardino increasing a purchase order for Inland Presort and Mailing
Services.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-24 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20. RES. 2006-25 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the ratification of the submittal of a grant
application by the Police Department for the California Seat Belt Compliance
campaign from the State of California Office of Traffic Safety in the amount
of $50,692.85.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-25 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21. RES. 2006-26 - Resolution of the City of San Bernardino authorizing the
Police Department to submit a Selective Traffic Enforcement Program (STEP)
grant application to the California Office of Traffic Safety (OTS).
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-26 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10 01/23/2006
22. Reclassify the position of Secretary to Administrative Analyst II in the Code
Compliance Department
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council reclassify
the position of Secretary, Range 1350, $2,543-$3,092 per month, to Administrative
Analyst II, Range 4459, $4,380-$5,324 per month; and that the Human Resources
Department be authorized to update Resolution Nos. 6413 and 97-244 to reflect
these actions.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
23. Reclassify the positions of Benefits Coordinator and Personnel Clerk II in the
Human Resources Department
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council reclassify
the position of Benefits Coordinator, Range 4467, $4,559-$5,541/month, to
Human Resources Analyst, Range 3467, $4,559-$5,541/month; reclassify the
position of Personnel Clerk II, Range 1342, $2,444-$2,97 1 /month, to Human
Resources Technician, Range 1362, $2,700-$3,282/month; and that the Human
Resources Department be authorized to update Resolution Nos. 6413 and 97-244 to
reflect these actions.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
24. Item Deleted
25. Public hearing - resolution ordering work - Northpark Boulevard and
Northstar Avenue Landscape Maintenance Assessment District No. 1046 -
Tract No. 16865
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RES. 2006-27 — Resolution of the City of San Bernardino finding and
determining the existence of less than a majority protest, that ballots submitted
in favor of the assessment exceed the ballots submitted in opposition to the
assessment and that the public convenience and necessity require the
maintenance of landscaping in the area of Northpark Boulevard and Northstar
Avenue, approving the Final Engineer's Report, creating an assessment
district to cover the costs of said maintenance, known as Assessment District
No. 1046, ordering the work, confirming the 2006-2007 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.
Council Member/Commissioner Kelley asked if the median on Northpark was
going to be addressed.
James Funk, Director of Development Services, stated that the median is going to
be installed by the developer of the tentative tract map, but because it is already in
a maintenance district it was not illustrated on the assessment diagram.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the public hearing be closed; and that
said resolution be adopted.
The motion carried and Resolution No. 2006-27 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
26. Resolution of the City of San Bernardino amending Resolution No. 655
entitled, in part, "A Resolution . .. designating certain streets, or portions
thereof as through highways . . ." and establishing a four way stop at the
intersection of California Street and Sixteenth Street.
Maira Carrington, 1536 California Street, San Bernardino, stated that she had a
petition signed by approximately 80 residents who want a stop sign at that
intersection.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the matter be continued to the
Council/Commission meeting of February 6, 2006, with the understanding that a
four-way temporary stop sign will be placed at the intersection.
12 01/23/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
27. RES. 2006-28 - Resolution of the City of San Bernardino adopting an updated
Non-Discrimination/Workplace Harassment Policy for said City and Repealing
Resolution No. 95-154.
Council Member/Commissioner McGinnis stated that they were not able to add any
information to the policy when the Council sent it to the Personnel Committee, so
they were going to have to go forward with the policy "as is" to allow it to be
reinstated.
City Attorney Penman stated that he was concerned about this because there had
been quite a discussion specifically to look at referring elected officials to the
District Attorney and the Grand Jury, but the Committee never got into that. He
stated that Ms. McCammack made a motion to send it back to the Council, which
died for lack of a second, and then Mr. McGinnis made the decision outside of the
Committee to put it back on the agenda.
Mr. Penman stated that he had several issues with this policy that he felt needed to
be reviewed by the Personnel Committee before it is acted upon, otherwise they
were going to be coming back meeting after meeting to make these amendments.
He stated that they needed to put some teeth into this policy in terms of what
happens if an elected official is accused of some type of wrongdoing, but they
never got into that at the Personnel Committee meeting.
Mr. McGinnis stated that they had been informed that the policy had lapsed and
they wanted it reinstated. He stated that they could meet again on any committee
day to go over anything having to do with elected officials.
Mr. Penman stated that that was not correct. He advised that the policy had not
lapsed and that the current policy was still in effect. He added that this was a new
policy.
Ms. McCammack stated that she was at that meeting and she did make the motion
to move this policy forward to the full Council, and neither Mr. McGinnis nor the
other member of the Committee would second it to move it forward. She stated
that they had some suggestions on what they could do to strengthen the policy and
there were some issues that were not discussed. She stated that Mr. McGinnis
closed the meeting to any further discussion and it was over. She stated that she
took offense to Mr. McGinnis saying that the Committee got no further, because
they attempted to get further. She stated that she was concerned that Mr.
McGinnis misrepresented what occurred at that Committee meeting, and she was
13 01/23/2006
upset to find it on the Council Agenda with no recommendation from the
Committee.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2006-28 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson.
Nays: Council Member/Commissioner McCammack. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION
RES. CDC/2006-3 — Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute a Professional Services Agreement by and
between the Agency and Shober Consulting, Inc. for the preparation of a
Relocation Plan and Relocation Services (Meadowbrook Neighborhood
Restoration Area).
Maggie Pacheco, Economic Development Agency Interim Executive Director,
stated that this was a professional services contract to retain the services of Shober
Consulting to prepare a relocation plan and provide relocation services for tenants
who reside at the Agency property located at 161 E. Second Street and potentially
three other properties the Agency may be acquiring as a result of the Commission
giving direction to staff to continue the acquisition efforts in the Meadowbrook
area.
Council Member/Commissioner McCammack stated that the staff report mentioned
the fact that the site the Agency has acquired has four tenants and that there are
potentially three other properties that are fully occupied. She asked if that meant
three additional tenants or are they multi -family units.
Ms. Pacheco stated that they are multi -family units. She stated that the parcels that
they refer to in the staff report are all four-plexes.
Ms. McCammack asked if there were 12 families.
Ms. Pacheco answered in the affirmative.
Ms. McCammack asked if this contract was going to cover all of the potential
tenants.
Ms. Pacheco stated that this would cover all tenants in the event the Agency is
successful in acquiring the remaining three parcels. If they only provide relocation
14 01/23/2006
services for the four tenants for the site they currently own, then the cost to the
Agency will be $9,300.
Ms. McCammack asked Ms. Pacheco if she had any idea how many more parcels
the developers are interested in acquiring in order to complete this project.
Ms. Pacheco stated that so far the Commission has given them authority to acquire
4 to 5 four-plexes and she thought this represented No. 4. She stated that it was
her understanding that this would conclude the acquisition of the four-plexes in the
Meadowbrook area.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. CDC/2006-3 was adopted by. the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
RES. CDC/2006-4 — Resolution of the Community Development Commission
of the City of San Bernardino approving the Relocation Plan for the residents
residing in the Agency property located at 745 West 5' Street, San
Bernardino, California (Central City North Redevelopment Project Area).
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. CDC/2006-4 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson.
Nays: Council Member/Commissioner McCammack. Absent: None.
R30. RES. CDC/2006-5 — Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute the Redevelopment Project Study and
Redevelopment Assistance Agreement with DuBois Insurance Agency
("Developer") — Central City North Redevelopment Project Area.
Council Member/Commissioner McCammack asked what the developer expected
from the Agency.
Ms. Pacheco stated that the Agency owns the property and prior to disposition they
need to determine whether the development is feasible. Typically, under most of
the transactions the Agency enters into, they do a study agreement, explore the
feasibility, and if it works out, then at that point in time they would present the
Council with the possibility of disposing the property to DuBois Insurance Agency.
15 01/23/2006
R31
She stated that they do need the Agency for purposes of looking at their
development plan since the Agency does own the land.
Ms. McCammack questioned why they couldn't just go to Development Services
and tell them what they intend to do with this property and then just buy it.
Ms. Pacheco stated that they had to have an agreement in order to do that.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. CDC/2006-5 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
Public hearing — 2006 HOME Program Development Agreement with Habitat
for Humanity, San Bernardino Area, Inc.
RES. CDC/2006-2 — Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino
Agreement
Habitat for
corporation.
("Agency") to execute the 2006 HOME Program Development
("2006 HOME Agreement") by and between the Agency and
Humanity, San Bernardino Area, Inc., a California non-profit
Mayor/Chairman Valles opened the hearing.
Council Member/Commissioner McCammack stated that she had read the backup
and she questioned why she didn't see the names of any contacts for Habitat for
Humanity.
Maggie Pacheco, Economic Development Agency Interim Executive Director,
stated that it depends on the document, but usually they have the Executive
Director of a non-profit organization execute the document and that same person
would be responsible for implementation of the agreement. She stated that in this
case she believed that Sue Pope, Executive Director of Habitat for Humanity, had
resigned and she would have to find out who the new executive director is.
Council Member/Commissioner McCammack asked who from Habitat for
Humanity brought this forward to the Agency.
Ms. Pacheco stated that Sue Pope, former Executive Director of Habitat for
Humanity, had brought it forward.
16 01/23/2006
Council Member/Commissioner McCammack stated that she was under the
impression that the homes would have garages, but the specifications indicate that a
one or two -car carport would be provided. She stated that these specifications
were dated October 1999, and she felt the Council should have been given updated
information.
Ms. Pacheco stated that most of the homes built by Habitat for Humanity include
garages and she noted that the development permit would be subject to Planning
Department approval.
Council Member/Commissioner McCammack stated that the staff report talks
about the estimated construction cost of the home including permits, inspections
and impact fees as being $230,000, and she asked staff to clarify that Habitat for
Humanity was asking for $80,000 from the Agency to buy the site.
Ms. Pacheco stated that they were asking for $80,000—$50,000 would be for land
acquisition and $30,000 would be for various development fees.
Ms. McCammack asked if this would be an affordable housing unit.
Ms. Pacheco answered in the affirmative.
Ms. McCammack asked if this affordable housing unit would qualify for down
payment assistance from the Agency.
Ms. Pacheco stated that the applicant would more than likely meet the requirement
and it is conceivable that they may apply for assistance, but because Habitat for
Humanity carries the paper on their homes, they have not been asking the Agency
for down payment assistance for their buyers.
Ms. McCammack questioned whether the City would be responsible to give them
20 percent of the purchase price if they were to apply for assistance.
Ms. Pacheco stated that the Agency would give them up to 20 percent of the
purchase price.
Ms. McCammack asked what the purchase price would be.
Ms. Pacheco stated that $230,000 was the estimated sales price.
Ms. McCammack asked if this was the first time Habitat for Humanity has asked
for this money.
Ms. Pacheco stated that Habitat for Humanity has done several projects with the
Agency in the last six years and that information is included in the staff report.
She stated that every project the Agency has done with Habitat for Humanity has
17 01/23/2006
been different and usually it has been in the form of a grant for land write -down or
for development fees, but the previous agreements were done back in 2000 and she
didn't know what those dollars amounts were.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Longville, that the hearing be closed; that the Mayor and
Common Council of the City of San Bernardino approve an Amendment to the
2005-2010 Five -Year Consolidated Plan and the 2005-2006 Action Plan authorizing
$80,000 in HOME Partnership Program -Community Housing Development
Organization (CHDO) funds to Habitat for Humanity, San Bernardino Area, Inc., a
California non-profit corporation; and that said resolution be adopted.
The motion carried and Resolution No. CDC/2006-2 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCammack.
Absent: None.
32. Public Comments
Rev. Betty J. Long, P.O. Box 1098, San Bernardino, CA, spoke regarding the
number of gangs in the City of San Bernardino.
Deanna Adams, 1156 N. "F" Street, San Bernardino, CA, stated that eminent
domain is not a good idea and she felt that if the City would lessen its greed and
have a smaller lake, it would have more success.
Jay Lindberg, 6341 Orange Knoll, San Bernardino, CA, talked about zero
tolerance and corruption in law enforcement.
Roger Henderson, 2516 Valencia Avenue, San Bernardino, CA, spoke about the
crime problem in the City of San Bernardino.
Ken Ballinger, 2947 Orange Street, Highland, stated that he didn't know if the
Council remembered him and his flooding problem, but he wanted to let them
know that the situation has not changed. He stated that he is tired of shoveling
mud out of his yard every time it rains. He stated that he has been dealing with
this for about a year and feels that he has been very patient. Mr. Ballinger stated
that people have come out to his property, but they say they don't know what to do
about it.
Fred Wilson, City Administrator, stated that they have had discussions with Mr.
Ballinger and have made an effort to address some of the issues.
18 01/23/2006
Glenn Baude stated that he visited the site and met with the Ballingers. He stated
that he sent Los Padrinos out there and they filled up two dumpsters full of soil
they removed from a drainage ditch. He stated that he left his card and instructed
Mr. Ballinger to call again if he had another problem, but he never received any
calls.
Mr. Ballinger disagreed, stating that the City had not taken any dumpsters of soil
out, and that it was lying on the side of the ditch.
Mr. Baude stated that they did in fact take the material out of the ditch.
Mr. Ballinger stated that Public Works had been at the site while it was raining and
they saw the flooding. He stated that there is a slope in his backyard and when it
drains it comes out of the middle of his hillside and floods his house and his
neighbor's yard. He stated that this had never been a problem until about a year
ago.
Mayor/Chairman Valles stated that the City would look into the matter again and
make sure it is properly taken care of.
33. Adjournment
At 4:45 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, February 6, 2006, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
No. of Items: 33
No. of Hours: 3
RACHEL G. CLARK
City Clerk
B //IA /JDGJJ1'2��
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Linda Sutherland
Deputy City Clerk
19 01/23/2006