HomeMy WebLinkAbout07-24-2006 MinutesMayor Patrick J. Morris
Council Members:
CITY OF SAN BERNARDINO Esther Estrada
300 N. "D "Street Dennis J. Baxter
Gordon McGinnis
San Bernardino, CA 92418 Neil Derry
Website: www.sbcity.org Chas Kelley
Rikke Van Johnson
Wendy McCammack
MTNT TTF.S
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JULY 24, 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 Morris at 1:38 p.m., Monday, July 24, 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 Morris; Council Members/Commissioners Estrada, Baxter,
McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk
Clark, City Manager 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):
City of San Bernardino and Economic Development Agency for the City
of San Bernardino v. Valerie Pope -Ludlam, et al. - San Bernardino
Superior Court Case No. SCVSS 108965;
Sequenta Lawrence, et al. v. City of San Bernardino, et al. - United
States District Court, Central District of California Case No. CV 04-336
FMC (SGLx);
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Juventino Flores v. City of San Bernardino, et al. - United States
District Court, Central District of California Court Case No. EDCV 05-
00505 SGL (JTLx);
San Bernardino City Unified School District v. Helen Danson, et al. -
San Bernardino Superior Court Case No. SCVSS 129273.
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:
Diamond Concessions of CA, Inc., dba Diamond Creations v.
City of San Bernardino
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. Daniel Osias
City of San Bernardino and the Redevelopment Agency of the City
of San Bernardino v. Upham Development Company, El Corte
Ingles, S.A. Company, and LNR San Bernardino, LLC
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:
Operation Phoenix Target Area
1. Property Address: 1268 Wall Avenue, San Bernardino
APN: 0146-241-05
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Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer and Edith Aguirre, as property
owner/seller
Under Negotiation: Purchase price, terms, and conditions
2. Property Address: 253 East 14"Street, San Bernardino
APN: 0146-212-09
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer and Benjamin Haros, property
owner/seller
Under Negotiation: Purchase price, terms, and conditions
3. Property Address: 1532 Sepulveda Avenue, San Bernardino
APN: 0146-142-15
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer and Margarito Urena and Lorena
Urena, property owners/sellers
Under Negotiation: Purchase price, terms, and conditions
City Attorney Penman announced that the following additional case would be
discussed in closed session:
People v. Manta Management - San Bernardino Superior Court Case
No. SCVSS 117285.
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 and Community
Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Pastor Marco Garcia of The Way World Outreach
Church, followed by the pledge of allegiance, led by Madison Tibke of Anderson
School.
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2.
0
Appointment — Council Member Baxter - Redevelopment Committee
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council
appoint Council Member/Commissioner Baxter to the Redevelopment
Committee.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
Proclamations & Presentations
As part of the Economic Development Agency's business retention and
revitalization focus, Executive Director Maggie Pacheco, Mayor Morris, and
Council Member McGinnis presented a Business Recognition Award to Tim
Jenkins, General Manager, and Dael Strange, Sales and Marketing Director, of
the Hilton Hotel in recognition of their continuing excellence in providing hotel
hospitality services and the promotion of tourism in the region.
Ms. Pacheco, Mayor Morris, and Council Member McGinnis also presented a
Business Recognition Award to Jerry Faust, Dean of Academics at the Art
Institute of California, in recognition of the Institute's leadership in creative
education.
The following individuals were presented a service pin award by Mayor Morris
in recognition of their many years of dedicated service to the City:
Name
Adolfo Navarro
Robert Roset
Daniel V idana
Wendy Martin
Apolinar Galarza
Ruben Martinez
Tony White
Department
Development Services
Fire
Fire
Police
Public Services
Public Services
Public Services
Years of Service
15
10
10
15
10
15
5
Council Member Gordon McGinnis, who resigned from his position effective
the end of July, was presented a resolution of commendation by Mayor Morris
and a plaque by Council Member Estrada in recognition of his service and
commitment to the City for the past 7 years, followed by a reception in his
honor in the City Hall lobby.
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4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
Council Member/Commissioner McCammack introduced Jennifer Oberhelman,
Marketing Director for the San Bernardino Adult School, who made a brief
presentation regarding the school and its curriculum.
Council Member/Commissioner Estrada introduced Teresa Flores, who
announced that the San Bernardino girls softball team from the Guadalupe Youth
League had qualified for the nationals in Texas and solicited donations from the
public to help with their expenses and make attendance at the tournament
possible for these girls.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, 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, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission be
approved as submitted in typewritten form: June 5, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
7. Claims & Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated July 7, 2006,
from Barbara Pachon, Director of Finance, be approved.
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The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the personnel actions, as submitted by the
Chief Examiner, dated July 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, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9. RES. 2006-261 - 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 in the case of Michael Desrochers v. City of San Bernardino, et
al.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-261 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9A. RES. 2006-262 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a joint litigation and
confidentiality agreement between Richards, Watson & Gershon and the
City of San Bernardino in the case of City of San Bernardino, et al. v.
County of San Bernardino (Perchlorate litigation).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-262 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
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10. Resolutions placing a Charter Amendment on the November 7, 2006, ballot
adding Section 123 to the City Charter
Resolution of the Mayor and Common Council of the City of San
Bernardino calling a Special Municipal Election on a proposed Charter
Amendment amending Section 120 - the Initiative; Section 122 - the Recall
and adding Section 123 - Compliance with Elections Code and requesting
that said City of San Bernardino's Special Municipal Election be
consolidated with the November 7, 2006 Statewide General Election
conducted by the County of San Bernardino. (10A)
Resolution of the Mayor and Common Council of the City of San
Bernardino submitting to the qualified electors of said City for their
approval a proposed Charter Amendment amending Section 120 - the
Initiative; Section 122 - the Recall and adding Section 123 - Compliance
with Elections Code; transmission of the proposed Charter Amendment to
the Office of the City Attorney for purposes of preparation of an impartial
analysis. (10B)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Io)mson, McCammack. Nays:
Council Member/Commissioner McGinnis. Absent: None.
10A. Resolutions placing Charter Amendments on the November 7, 2006, ballot
related to Initiative, Recall and Referendum provisions
Resolution of the Mayor and Common Council of the City of San
Bernardino calling a Special Municipal Election on a proposed Charter
Amendment relating to Section 120, the Initiative and requesting that said
City of San Bernardino's Special Municipal Election be consolidated with
the November 7, 2006 Statewide General Election conducted by the County
of San Bernardino. (10A -A)
Resolution of the Mayor and Common Council of the City of San
Bernardino calling a Special Municipal Election on a proposed Charter
Amendment relating to Section 121, the Referendum and requesting that
said City of San Bernardino's Special Municipal Election be consolidated
with the November 7, 2006 Statewide General Election conducted by the
County of San Bernardino. (10A -B)
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Resolution of the Mayor and Common Council of the City of San
Bernardino calling a Special Municipal Election on a proposed Charter
Amendment relating to Section 122, the Recall and requesting that said City
of San Bernardino's Special Municipal Election be consolidated with the
November 7, 2006 Statewide General Election conducted by the County of
San Bernardino. (10A -C)
Resolution of the City of San Bernardino submitting to the qualified electors
of said City for their approval a proposed Charter Amendment relating to
Section 120, the Initiative; transmission of the proposed Charter
Amendment to the Office of the City Attorney for purposes of preparation
of an impartial analysis. (10A -D)
Resolution of the City of San Bernardino submitting to the qualified electors
of said City for their approval a proposed Charter Amendment relating to
Section 121, the Referendum; transmission of the proposed Charter
Amendment to the Office of the City Attorney for purposes of preparation
of an impartial analysis. (10A -E)
Resolution of the City of San Bernardino submitting to the qualified electors
of said City for their approval a proposed Charter Amendment relating to
Section 122, the Recall; transmission of the proposed Charter Amendment
to the Office of the City Attorney for purposes of preparation of an
impartial analysis. (10A -F)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
Council Member/Commissioner McGinnis. Absent: None.
11. RES. 2006-263 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of 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 2006/2007.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, 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.
8 07/24/2006
The motion carried and Resolution No. 2006-263 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
12. RES. 2006-264 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute a Master Services
Memorandum of Understanding with the Water Department for provision
of City services for Fiscal Year 2006/2007.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-264 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13. RES. 2006-268 - 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 Saturdays and Sundays between the hours of 7:00 a.m. and 4:00
p.m. except by permit zone on residential streets located north of Pacific
Street and west of Arden Avenue in the vicinity of the San Bernardino
Soccer Complex.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-268 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14. Authorize Contract Change Order No. One - contract with J.D.C., Inc. for
construction of ADA access ramps and sidewalk at Gilbert Street (SS -B
2005/06) - Plan No. 11567
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services be
authorized to execute Contract Change Order No. One in the amount of
$5,492.05 to the contract with J.D.C., Inc. for construction of ADA access
ramps and sidewalk at Gilbert Street (SS -B 05/06), per Plan No. 11567.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9 07/24/2006
15. Authorize Contract Change Order No. One - contract with Downstream
Services, Inc. - cleaning sewer siphons at various locations in the City of
San Bernardino (SW -D 2005/06) - Project Plan No. 11340B
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services be
authorized to execute Contract Change Order No. One to the contract with
Downstream Services, Inc. for cleaning sewer siphons at various locations in the
City of San Bernardino (SW -D 2005/06), per Project Plan No. 11340B.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16. RFS. 2006-265 - Resolution of the City of San Bernardino, authorizing and
setting the Special Tax Rate for that certain area annexed into the City of
San Bernardino pursuant to LAFCO 3049, generally located north of
Highland Avenue, east of Golden Avenue, for paramedic services, and
approving the Fiscal Year 2006/2007 Tax Roll and establishing Special Tax
Area 2006-1.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-265 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17. Resolution of the Mayor and Common Council of the City of San
Bernardino approving a Cooperative Agreement between the San
Bernardino County Transportation Authority, the Inland Valley
Development Agency (IVDA), the County of San Bernardino, the cities of
San Bernardino and Highland, and the San Manuel Band of Mission
Indians, for the preparation of a Project Study Report (PSR) for State
Route 210 - Arden -Highland and Victoria Avenue interchanges (SS07-24).
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack.
Nays: Council Member/Commissioner Johnson. Absent: None.
10 07/24/2006
18. Authorize Contract Change Order No. One - contract with David T.
Wasden, Inc. - sewer and street improvements on 34'h Street - Leroy Street
to Waterman Avenue (SW 04-23); 48th Street - "F" Street to Electric
Avenue (SW 04-24); and street improvements on Richardson Street - San
Bernardino Avenue to Victoria Avenue (SW 04-34); Cooley Avenue -
Tippecanoe Avenue to Gage Canal (SW 04-35); and "E" Street - 2°d Street
to 4`h Street (SW 04-06) - Project Plan No. 11147
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services be
authorized to execute Contract Change Order No. One to the contract with
David T. Wasden, Inc., for sewer and street improvements on 34' Street -
Leroy Street to Waterman Avenue (SW 04-23); 48th Street - "F" Street to
Electric Avenue (SW 04-24); and street improvements on Richardson Street -
San Bernardino Avenue to Victoria Avenue (SW 04-34); Cooley Avenue -
Tippecanoe Avenue to Gage Canal (SW 04-35); and "E" Street - 2"d Street to 4"
Street (SW 04-06); per project Plan No. 11147.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. RES. 2006-266 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City of San Bernardino to enter into
Standard Agreements with the Department of Mental Health -Patton State
Hospital.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2006/07 budget and increase
General Fund revenue Account No. 001-000-4880 (EMS User Fee) by $20,000
from $450,000 to a new total of $470,000.
The motion carried and Resolution No. 2006-266 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
20. Item deleted.
21. RES. 2006-269 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute an Agreement between
the City of San Bernardino and the San Bernardino City Unified School
District for delivery of meals and snacks to Dehnann Heights Community
Center Head Start Program.
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City Attorney Penman stated that he would abstain on this item because his wife
is a member of the school board, and advised that Special Counsel Sabo had
reviewed the resolution. Mr. Penman left the Council Chambers, returning
after the vote was taken.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-269 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. RES. 2006-270 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute a Services Agreement
between the City of San Bernardino and Boys and Girls Club of San
Bernardino Inc. to provide community services at the Dehnann Heights
Community Center.
Council Member/Commissioner Johnson stated that he would abstain on this
item because he is a member of the Boys and Girls Club Board of Directors.
He left the Council Chambers and returned after the vote was taken.
Council Member/Commissioner McCammack expressed concern that the
Council was funding these programs prematurely, without knowing if additional
resources will be available to fund them for the long-term.
Mayor/Chairman Morris advised that the majority of this allocation ($85,000)
has been the annual allocation for assistance to the Boys and Girls Club for the
past couple of years—fiscal years 2004/2005 and 2005/2006—and the additional
$34,000 for the Safe Summer Programs for Youth is being allocated on a one-
year basis only.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-270 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley,
McCammack. Nays: None. Abstentions: Council Member/Commissioner
Johnson. Absent: None.
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23. RES. 2006-267 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Finance Director or her designee to
execute a purchase order to Athletic Field Specialists for the design and
installation of irrigation system improvements for two (2) baseball fields and
park located at Nicholson Park.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-267 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
24. RES. 2006-274 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an Agreement with the City of San
Bernardino and Western Regional Little League Baseball for financial
assistance from the Civic and Promotion Fund for FY 2006/07.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted; and that direct
funding in the amount of $5,000 from the FY 2006/07 Civic and Promotion
Fund be approved; that indirect funding in the amount of $39,200 be transferred
from the FY 2006/07 Civic and Promotion Fund to various City departmental
accounts, as listed in the staff report from City Manager Wilson dated July 6,
2006; and that a waiver of fees and use of City personnel and equipment be
authorized in the conduct of the 2006 tournament season.
Jim Gerstenslager, Little League Western Regional Director, 6797 Little
League Drive, San Bernardino, CA, thanked the Mayor and Council for their
support.
The motion carried and Resolution No. 2006-274 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson. Nays: None. Absent: Council Members/Commissioners McGinnis,
McCammack.
25. Reclassify one position of Electrical and HVAC Mechanic to Electrical and
HVAC Supervisor - provide salary adjustment for position of Security
Guard - Facilities Management Department
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council increase
the salary for the position of Security Guard from $9.00-$10.94 to $12.00 per
hour;
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That the Mayor and Common Council reclassify one (1) Electrical and HVAC
Mechanic position, Range 1414, $3,500-$4,254/month to an Electrical HVAC
Supervisor position, Range 2436, $3,906-$4,747/month; and
That the Human Resources Department be authorized to update Resolution Nos.
6413 and 97-244.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson. Nays: None.
Absent: Council Members/Commissioners McGinnis, McCammack.
26. Update Salary/Position resolutions to include positions approved in the
Fiscal Year 2006/07 Budget
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the Human Resources Department be
authorized to update Resolution Nos. 6413 and 97-244 as indicated in the staff
report dated July 18, 2006, from Linn Livingston, Human Resources Director;
and that the Director of Finance be authorized to increase Account No. 001-388-
5XXX (Salary/Benefits) by $55,000 in the Parks & Recreation Department and
increase the revenue Account No. 001-000-4670 to correspond to the EDA
reimbursement.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson. Nays: None.
Absent: Council Members/Commissioners McGinnis, McCammack.
27. RES. 2006-259 - Resolution of the City of San Bernardino authorizing and
directing the execution of various Default Assessment Agreements relative
to the proposed Assessment District No. 1022 (San Bernardino International
Airport/Alliance-California Landscape and Lighting Maintenance
Assessment District.) (See related Agenda Item No. 28)
Note: Agenda Item Nos. 27 and 28 were discussed simultaneously; therefore,
please see Item No. 28 for any discussion.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2006-259 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14 07/24/2006
28. Public hearing - resolution ordering work - San Bernardino International
Airport/Alliance-California Area Landscape and Lighting Maintenance
Assessment District No. 1022, Zone 1, 2 and 3 (Continued from July 10,
2006) (See related Agenda Item No. 27)
RES. 2006-260 - 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 San Bernardino International
Airport/Alliance-California area, generally north of Central Avenue, east of
Lena Road and south of 3'" Street, approving the Final Engineer's Report,
creating an assessment district to cover the costs of said maintenance,
known as Assessment District No. 1022, Zone 1, Zone 2, and Zone 3,
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.
The hearing remained open.
Valerie Ross, Director of Development Services, advised that staff had been
working on establishing this lighting and landscape maintenance district for quite
some time at the San Bernardino International Trade Center -Alliance California.
She stated that the district would include the major streets in the non -airport
portions of the area off of Timber Creek, and that the Engineer's Report, which
was included in the backup materials, determined which properties would
benefit from the assessment district and the extent of their benefits.
Ms. Ross stated that Agenda Item No. 27 was a resolution authorizing and
directing the execution of various default agreements relative to the proposed
assessment district. She explained that if you drive out to the area you will
notice that there is landscaping wherever there are developed properties, as well
as along the parkways and medians, especially on Tippecanoe. She stated that
that landscaping is currently maintained by the City, the Inland Valley
Development Agency, and some of the private properties that are adjacent such
as Mattel and Pep Boys.
Ms. Ross advised that these adjacent businesses, and the businesses now under
construction such as Stater Bros. and Matich, have indicated that they would
like to continue to coordinate the private and the public assessment areas so
there is continuity in both how it is maintained and how the landscaping looks.
Therefore, the reason for their request to enter into the default agreements. She
explained that these businesses would still pay the annual assessment, which the
City will collect for common areas such as the median itself, but they will take
care of the parkway areas that are immediately adjacent to their projects. She
15 07/24/2006
stated that the parties to the default agreements include Hillwood, Stater Bros.,
Matich Corporation, Kohl's, and the Inland Valley Development Agency.
Ms. Ross advised that staff was recommending that the Mayor and Council
adopt the resolution to approve the default agreements and adopt the resolution
to establish the landscape and lighting maintenance district.
No public comments were received.
City Clerk Clark and Special Counsel Sabo tabulated the ballots which had been
received. Ms. Clark announced that there were 423.73 ballots in favor and 5.31
ballots against.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2006-260 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
29. Authorize the Finance Director to amend the FY 2006/07 adopted budget
and transfer $180,000 from Account No. 001-092-5502 (General
Government) to various Parks & Recreation and Code Compliance accounts
for programs related to the "Safe Summer for Youth Initiative."
Council Member/Commissioner Johnson stated he would abstain on this item
because he serves on the Board of the Boys and Girls Club, which would benefit
from this action, if approved. He left the Council Chambers and returned after
the vote was taken.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Finance be authorized to
amend the FY 2006/07 adopted budget and transfer $180,000 from General
Government Account No. 001-092-5502 to various Parks & Recreation and
Code Compliance accounts as outlined in the staff report dated July 14, 2006,
from Lemuel Randolph, Director of Parks, Recreation and Community Services
for programs related to the "Safe Summer for Youth Initiative".
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley. Nays: None. Abstentions:
Council Member/Commissioner Johnson. Absent: Council Members/
Commissioners McGinnis, McCammack.
16 07/24/2006
30. Joint Mayor and Common Councit/Planning Commission workshop - review
Measure I projects and project development process - Economic
Development Agency Boardroom
Planning Commissioners Present: John Conte, Kenneth Durr, Larry Heasley,
Susan Longville, A. Jay Munoz, Michael Sauerbrun.
Note: No backup materials were distributed.
Darren Kettle, Director of Freeway Construction with the San Bernardino
Association of Governments (SANBAG), presented information on the scope of
the various Measure I projects, including design information, cost estimates, and
timelines.
Council Member/Commissioner McCammack left the room during discussions
related to the I-215 Freeway, as she owns property within 500 feet of the
project.
No action was taken on this matter.
31. Capital Improvement Program (CIP) workshop - review 5 -Year Capital
Improvement Program - Fiscal Years 2006/07-2010/11 - Economic
Development Agency Boardroom
City Attorney Penman announced that Council Members could have possible
conflicts relative to even discussing matters where they may have property
within 500 feet of the developments being discussed. He advised the Mayor and
Council to be careful not to discuss amongst themselves what projects they
thought were good or bad—that the key was not to come to any consensus
today. He stated that if any specific projects were mentioned, the Council
members would be on their own to excuse themselves from the discussion.
Valerie Ross, Director of Development Services, advised that the CIP is a year-
long process that staff goes through involving not only public works staff but
other departments such as Finance, Facilities Management, and Parks and
Recreation.
Mark Lancaster, City Engineer/Deputy Director of Development Services,
provided an overview of the $41 million 2006/07 CIP. He noted that the CIP is
basically divided as follows: 72 percent for streets and street lighting; 9 percent
for sewers; 8 percent for parks and recreation; 6 percent for general buildings; 3
percent for traffic controls; and 2 percent for storm drains.
Mr. Lancaster reviewed each section of the CIP, providing additional
information on specific projects.
17 07/24/2006
No action was taken on this matter.
32. Council workshop - discuss formation of a new San Bernardino community
center and park - Economic Development Agency Boardroom
Council Member/Commissioner Kelley stated that he had placed this item on the
agenda since the Council would already be discussing the CIP and he thought
the issue was vital and should be included. He pointed out that the Council had
taken action earlier on the Bice property (Agenda Item No. R37), and it was
important to begin dialogue on the concept and funding of a new park and
community center since the City has the land.
He stated that he envisioned doing something similar to what they are doing in
north Fontana, and it was important for his colleagues to understand the needs
of the area. He noted that development fees in the amount of $5 million will be
collected on this project, and requested a commitment to move forward and at
least build a community center that would serve the entire city.
Lemuel Randoph, Director of Parks, Recreation and Community Services,
advised that staff does not know at this time what they are going to be building
in that area; however, they will be asking the community for input as to what
they envision for the area.
Council Member/Commissioner Johnson pointed out that if the Council was
going to do this they have to change their mindset and budget for the
maintenance costs as well as the project itself, noting that budgets have been
shrinking, particularly with regard to libraries, park and recreation facilities,
etc.
Mayor/Chairman Morris advised that staff is looking to develop a Park Master
Plan, and for the first time since 1962 the City will have a template to follow for
the development of parks and park facilities.
No action was taken on this matter.
R33. Hearing - resolution of public interest and necessity for acquisition of real
property - 746 West 5'" Street
RES. CDC/2006-28 - 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 located at 746 West 5`s Street, San Bernardino, California (APN:
0134-054-07, 08 and 09) in the Central City North Redevelopment Project
Area.
18 07/24/2006
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Executive Director, Economic Development Agency, advised
that this particular item deals with property acquisition for the downtown mixed-
use project between 4' and 5' Streets and "G" and "H" Streets. She stated that
the subject property, which is owned by the Salvation Army, was located at 746
West 5' Street, and this was a hearing to afford the owner an opportunity to
speak.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
Major Fritz, Salvation Army, stated that the Salvation Army was not opposed
to the redevelopment; however, they were opposed to adoption of the proposed
resolution regarding 746 West 5' Street on the following grounds:
According to Major Fritz, the City of San Bernardino failed to comply with the
requirements of Government Code Section 7267.2. Also, the offer is not a
good faith offer and fails to comply with the requirements of Section 824 of the
California Evidence Code. He stated that the property sought to be acquired is a
nonprofit special use property as defined in Section 1235.155 of the California
Code of Civil Procedures, and as noted in the legislative commentary to Section
1265, "There may be no relevant market for some types of special purpose
property such as schools, churches, cemeteries, parks, utilities, and similar
properties." He stated that the Salvation Army property currently under
discussion is a church—and that is its first, primary, and only function.
Major Fritz stated that Section 824B of the Evidence Code provides that "a
witness providing opinion testimony on the value of nonprofit, special use
property as defined by Section 1235.155 of the Code of Civil Procedures, for
which there is not relevant compatible market, shall be based on his or her
opinion on the value of reproducing of the improvements without taking into
consideration any depreciation or obsolescence of the improvements."
He stated that the City appraiser values the replacement cost of the building at
$111.46 per square foot, or $2,059,000; and the value by the appraiser was
$313,000. This brings the valuation of land plus building up to $2,372,000;
however, the City appraiser improperly deducted $1,235,000 for depreciation to
the building and provided a cost approach appraisal of $1,170,000. A
subsequent updated appraisal estimated the value of the property at $1,340,000.
19 07/24/2006
According to Major Fritz, since the City appraisers ignored the requirements of
Evidence Code Section 824 and deducted over $1 million from the replacement
cost of the property, the offer was not made in good faith. He stated that they
would submit that the City is required to make an offer based upon the appraisal
"without taking into consideration any depreciation or obsolescence of the
property" as per Evidence Code 824. Only after negotiations based on an
appraisal will the City be able to make a finding in good faith concerning the
necessity for the use of the eminent domain power.
Major Fritz advised that the Salvation Army has contracted with Walgren and
Associates from Orange County, who are currently on vacation, and will be
returning at the beginning of the month. They had said that it would take
between six and eight weeks to do a proper evaluation on the property, so he
was asking at this time that this resolution of necessity be postponed until the
Salvation Army has an opportunity to have a proper appraisal done as per the
state statutes.
He reminded the Mayor and Council that for their hospitality house, which is
only one-third of this property and one-third of the building on Kingman Street,
they received over $3 million from Caltrans under the same statutes that he was
currently talking about. He noted that there was a very definite inequality here
between what Caltrans, following the same statute, and what the City, not
following the statute, had offered the Salvation Army.
He reiterated that the Salvation Army is not opposed to moving—all they want is
to be treated fairly under the state law.
Mayor/Chairman Morris assured Mr. Fritz that they would be treated fairly. He
added that the quotes just given to the Council from the Evidence Code refer to
evidence at trial, not in these negotiations. Mayor/Chairman Morris stated that
the Economic Development Agency has an appraisal, and the Salvation Army is
entitled to, and is actually in the process of achieving, an appraisal of their own.
However, the question before the Commission today is not the ultimate question
of value—it is necessity to move ahead with their program.
Special Counsel Sabo stated that part of this is a process that the Agency will be
going through—that they need to start the process and they would be hopeful
that during the next few weeks before they actually file the action that there will
be some negotiations and they can accommodate the Salvation Army in a
mutually satisfactory way. He stated that this is something that will have to be
worked out through the process—whether through negotiations or through the
court process.
Major Fritz stated that the Salvation Army is not desirous of going to court, but
they have resolved to do so.
20 07/24/2006
Deanna Adams, 1156 North "P Street, San Bernardino, CA, stated that she
opposes all eminent domain because it assaults everything and anything about
being American. She expounded on the fact that America was founded on an
idea in the mind and in the heart—a self evident truth. She stated that the
Declaration of Independence is simply a declaration that all men are created
equal and all men and women have the right to claim these principles. She
stated that eminent domain is evil—taking private property for private gain is an
assault.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the hearing be closed; and that said
resolution be adopted. (Note: The vote was taken following additional
discussion.)
Council Member/Commissioner Derry stated that he has had some concerns
with this project, and he would like to give the Salvation Army a little more time
to see what the property is worth—he didn't think it was that big a hurry on this
building, but this particular parcel could create some problems in the future, so
he thought the Council should be patient. He added that if the motion had been
made, he would vote no; but he would hope it could be continued.
Council Member/Commissioner McCammack stated that she was concerned that
by approving this action today, the Salvation Army could be put into the
precarious position of not only having to possibly pay double for an appraisal,
because it has to be hurried, but they may also have to hire an attorney—that if
someone told her that this body had given the Economic Development Agency
Executive Director and her attorney the approval to go ahead and file an eminent
domain action, she would be hiring an attorney real fast.
She pointed out that this could have an adverse effect on a nonprofit agency such
as the Salvation Army by adding additional costs to their bottom line, thereby
affecting the services they provide for the community.
She inquired whether her colleague would accept an amendment to her motion
that the Commission not move forward on this until at least the first meeting in
August, thereby giving them a little bit more time.
Council Member/Commissioner Estrada answered in the negative.
The motion made by Council Member/Commissioner Estrada, seconded by
Council Member/Commissioner McGinnis, carried and Resolution No.
CDC/2006-28 was adopted by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Kelley, Johnson. Nays: Council
Members/Commissioners Derry, McCammack. Absent: None.
21 07/24/2006
R34. Hearing – resolution of public interest and necessity for acquisition of real
property – 723-739 West 5' Street
RES. CDC/2006-29 - 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 located at 723-739 West Ph Street, San Bernardino, California
(APN: 0134093-07) in the Central City North Redevelopment Project Area.
Mayor/Chairman Morris opened the hearing.
Pursuant to Resolution 2000-279, City Clerk Clark administered an oath to the
following individual that he would provide true and honest testimony:
Lewis E. Goebel, 110 West "A" Street, Ste. 600, San Diego, CA, appearing on
behalf of Mr. Ammons, stated that he wanted to make an objection to this
resolution of necessity. He stated that they had done that by paper, and they
asked that that be entered into the record. He stated that there are eight issues
that they brought up, much like the previous speaker. He stated that these eight
issues would probably take the remainder of the night to consider, so they will
stand on the paper that they already filed and put into evidence.
He stated that Mr. Ammons has been doing business on 5' Street for 24 years
and before that in other parts of the city. He added that it is a real burden on
Mr. Ammons to have to make this move at this time, and it would be difficult to
match what he has at this location on 5' Street. He stated it would be their goal
as they go along, in addition to working with the Redevelopment Agency, to
make sure that when it is all finished Mr. Ammons will have as good a position
as he has had over the past 24 years at this particular location.
Mayor/Chairman Morris stated that the Agency fully intends to be fair with Mr.
Ammons—that he is a longtime businessman in the community and the
Council/Commission respects him and his property rights—that this is just a
resolution of necessity that starts the process. He conceded, however, that the
two parties are a long way apart in terms of their respective evaluations of the
property, but they will keep discussing it as it moves forward.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the hearing be closed; and that said
resolution be adopted.
22 07/24/2006
Council Member/Commissioner McCammack stated that she did not believe that
this particular project area could be bought up with the money the Agency is
using, which is the low- to moderate -income housing money, only to have it
turned over to a developer who will build mixed-use (although if the housing is
low- to moderate -income, the housing would be legal, but she did not believe it
would be legal to build any commercial entities). She stated that she did not
believe that the Agency should be burdening the taxpayers with $10 million per
square block of debt—that this was not a smart way to spend our money.
Council Member/Commissioner Kelley asked Special Counsel Sabo whether the
action the Commission was being asked to take tonight was a legal action.
Mr. Sabo answered in the affirmative, stating that based upon the staff report
they have analyzed the issues presented by the property owner's attorney and
they have their summary in there and, yes, they believe it is a legal action being
taken by the Commission.
The motion made by Council Member/Commissioner Estrada, seconded by
Council Member/Commissioner McGinnis, carried and Resolution No.
CDC/2006-29 was adopted by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
Council Member/Commissioner McCammack. Absent: None.
R35. Hearing - resolution of public interest and necessity for acquisition of real
property - 696 West 5' Street
RES. CDC/2006-30 - 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 located at 696 West 5f° Street, San Bernardino, California (APN:
0134061-21, 22, 25 and 30) in the Central City North Redevelopment
Project Area.
Mayor/Chairman Morris opened the hearing.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
Bruce Ko, property owner of 696 West 5`° Street, San Bernardino, CA,
distributed copies of a letter dated July 15, 2006, that he sent to Maggie
Pacheco, Executive Director of the Economic Development Agency, with copies
also mailed to the Mayor and Common Council.
23 07/24/2006
He stated that in his letter he indicated that they welcomed this redevelopment—
that the downtown redevelopment is needed. He stated that they have been in
San Bernardino since 1980, so they have spent more than a quarter of a century
in this part of town and they want to participate in the redevelopment. He stated
that back in February 2005 when they received the first contact from EDA
indicating that their property was part of this redevelopment plan, they were
happy; however, they expressed in their statement of interest that they wanted to
participate. In fact, in that statement they stated, "We are very interested to
join the redevelopment efforts. Please provide more specific plan information
so we can maximize our efforts together. Please include us in all of your
communications and meetings." However, since that statement was sent to the
Agency, they have heard nothing back from the EDA.
Mr. Ko stated that it was not until July 12, 2006, that they received a copy of
one page of a conceptual plan from the Agency's legal representative, which
shows their property, which is on the northeast corner of 5' and "G" Streets.
He stated that since March 2005 they have repeatedly requested to be able to
participate, yet all their requests were unanswered. Then 12 days before today's
hearing they were only given one page of a conceptual plan.
He stated that he was requesting that the proposed resolution of necessity be
either postponed or removed permanently, citing the following reasons for this
request, as outlined in his letter:
1) They were invited to participate; however, they were never contacted
while the conceptual plan was being developed. He questioned whether
they were really invited to participate or whether this was merely
paperwork that was sent to them that satisfies the law.
2) Their property, a restaurant site, is consistent with the City's current
land use.
3) If the Agency does not acquire their property it will not be detrimental to
the redevelopment plan, because unlike other parcels within the project
area, their property is not physically connected to the rest of the project.
4) Acquisition of their property is not really necessary, as they are very
interested in participating and are assembling a team to work
cooperatively with the Agency.
Mr. Ko advised that they have a lot at stake—that they have other property
downtown, so it is in their best interest for the downtown to be successful.
Therefore, they will work extra hard to try to redevelop their property. He
stated that he did not really see a need for the Agency to acquire their property
by eminent domain, because they are willing to go the extra mile to make their
property part of a successful downtown area.
24 07/24/2006
Amy Ko, 696 West 5' Street, San Bernardino, CA, mother of Bruce Ko, spoke
regarding their long history of owning property in the downtown area, how hard
it was to maintain their business downtown due to the surrounding area, and
reiterated the comments made by her son relative to their desire and intent to
redevelopment their property as part of the entire redevelopment project.
Ms. Pacheco advised that the property at 696 West 5' Street has been
abandoned for more than ten years and is an eyesore to the Central City
Redevelopment Project Area; and in 2003 the Community Development
Commission reinstituted the power of eminent domain in an effort to revitalize
the downtown area. She stated that up until recently the owner had expressed
an interest in owner participation rights; however, staff was recommending that
the Commission proceed with the adoption of the resolution of necessity with
the understanding that staff will continue to have dialogue and discussions with
the property owner. She added that it was her understanding that staff was
scheduled to meet with the property owner the next morning and they could
begin having those discussions, as adoption of the resolution does not preclude
owner participation discussions.
Council Member/Commissioner McCammack stated that she was ashamed for
our City and for the Ko's, who had to watch their business close down because
the City didn't enforce its own codes and didn't help them get the crime off
those streets. She stated that she was ashamed that the City couldn't have
worked with this family long before to help them reestablish their restaurant and
inject some additional money into it, yet at the 11' hour we are telling them that
we are going to condemn their property.
Council Member/Commissioner Estrada stated that she has known the Ko's for
many years, but she was not going to sit up on the dais and contribute to any
future financial demands made on the City. She stated that she didn't recall Ms.
McCammack or anyone else being out there saying, "You can't come into San
Bernardino—we don't want you here—we don't want gang members—we don't
want all this trouble coming to our community", but now we can all stand up
and say how ashamed we are of what this City hasn't done. She stated that she
was sorry, but she wouldn't do that because she's been on this Council long
enough to know and to admit to what they have tried to do with the City and
what they are continuing to do for the City against all the odds.
Ms. Estrada stated that she was not going to have anyone blame her or other
previous members of this Council for not doing things that they had no control
over. She stated that they did not have control over all those people coming
from Los Angeles County into this area, and that's one of the things that
happened. They did not have control over Santa Fe picking up and moving out,
and they had no control over the federal government closing Norton and
25 07/24/2006
affecting this community the way it did. She stated that the City of San
Bernardino did not have any control over those problems, and she refused to
apologize for what the City of San Bernardino hasn't done—it's what they have
tried to do that counts for this community.
She stated that she was still convinced that the Ko's would have an opportunity
to participate at the level they want to participate, and that is what the Council
and staff are going to try to do. She stated that she was told by Ms. Pacheco
that that is what they would do, and she was trusting that they would do that.
She stated that she was not trying to do anything against the Ko's personally—
that she was trying to do something here that was equitable for everyone.
Council Member/Commissioner Kelley stated that he understood what the
Agency/City was trying to do, and he certainly knew that we needed to do
something. He asked Agency staff to tell him, based on the map that was shown
to the Commission, how this piece of property fits into the overall puzzle of the
entire project.
Special Counsel Sabo stated that the concern, when the map was prepared, was
to be able to control the four corners, and when you have an abandoned building
on one of the corners—even though it is not contiguous, it is across the street—
the concerns were that we had two, maybe three, of the comers, but you need to
control all four comers. He stated that of all the properties that the Agency is
looking to acquire, he thought that this property was probably the one that is the
most easily severable and could be separated into a separate owner participation
agreement.
Mr. Sabo advised that within the last several weeks the Ko's have retained an
experienced attorney who understands redevelopment law and a planner who
also does these redevelopment projects. Therefore, as long as there is a valid
interest to proceed diligently in working with staff on some of the issues that
Ms. Pacheco addressed, such as showing staff a plan that is going to be
acceptable and determining that they are going to have the financial wherewithal
to proceed and to come forward with an owner participation agreement, the
process should move forward. He stated that the Agency was certainly not
going to file the action as long as they have good faith and negotiations
proceeding.
He stated that he thought he and Ms. Pacheco both shared the same view—they
would not want to forego this action today, rely upon meeting tomorrow, and
then not be able to go anywhere. He stated that taking this action puts the
pressure on everyone to continue to move forward in good faith, and he would
hope that within the next several months they would be coming back to the
Commission with an owner participation agreement, or at least be able to report
that they had made some diligent efforts to achieve one and provide the
Commission with the results of those efforts.
26 07/24/2006
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. CDC/2006-30 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
McGinnis, Derry, Kelley, Johnson. Nays: Council Member/Commissioner
McCammack. Absent: None.
R36. Public hearing - HUD Section 108 Loan Guarantee Contract and related
documents - North Arden Guthrie Commercial Redevelopment Project
(IVDA Redevelopment Project Area)
RES. 2006-271 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and authorizing the Mayor to execute the
contract and related documents for the Loan Guarantee Assistance under
Section 108 of the Housing and Community Development Act of 1974, as
amended, 42 USC Section 5308 (CDBG Section 108 Contract No. B -03 -MC -
06 -0539) - North Arden Guthrie Commercial Development Project (IVDA
Redevelopment Project Area). (R36A)
RES. 2006-272 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and authorizing the Mayor to execute the
2006 Redevelopment Cooperation Loan Agreement by and between the City
of San Bernardino and the Redevelopment Agency of the City of San
Bernardino ("Agency") - North Arden Guthrie Commercial Development
Project (IVDA Redevelopment Project Area). (R36B)
RES. CDC/2006-31 - 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 2006 Redevelopment Cooperation
Loan Agreement by and between the Agency and the City of San
Bernardino - North Arden Guthrie Commercial Development Project
(IVDA Redevelopment Project Area). (R36C)
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Executive Director, Economic Development Agency, stated
that this Section 108 loan had been discussed with the Commission for quite
some time; in fact, three years ago they talked about using the City's annual
CDBG Program to fund a 108 loan for the purpose of assisting the Agency in
the acquisition program for Arden -Guthrie. She stated that she thought the staff
report detailed all the salient points of the loan transactions between HUD, the
27 07/24/2006
City, and the Agency. In addition, the diagrams that were attached to the staff
report would give the Council/Commission very specific illustrations of how the
monies will flow from HUD to the City, from the City to the Agency, and what
the proceeds will be used for—and that is principally for the acquisition of the
remainder of the parcels in Arden -Guthrie.
She noted that the City/Agency has a tremendous investment in the Arden -
Guthrie area because we own a majority of the parcels, and the acquisition
proceeds will allow us to buy the remaining parcels in the area and also present
an opportunity for development of the site. She stated that the City, collectively
with the Agency, has been working on this for more than 20 years, so this
presents an opportunity for us to clean up some of the problems we have in
Arden -Guthrie.
There were no public comments.
Council Member/Commissioner Estrada inquired whether any low/mod money
had been used over the 20 -year period that the City/Agency has been working
on this project, whether any of the properties had been acquired by using
eminent domain, and whether the ultimate plan is to do a private development.
Ms. Pacheco answered each question in the affirmative.
Council Member/Commissioner Estrada stated that the point she wanted to
make was that on this Council, when voting on a matter, it is not a question as
to whether a project is in the First Ward, Second Ward, or Seventh Ward—that
what is important is the overall impact to the community. She noted that Arden -
Guthrie has been a major bone of contention with this community for many,
many years and has cost the City enormously in resources, police time, etc.
However, it is because of their commitment to resolve the problems that have
been plaguing this area for many years, that former mayors and former Council
members have committed the $10 million and used any resources they had
toward those efforts; and it is no different than the project downtown in terms of
trying to clean up the existing blight.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolutions A -C, be adopted.
The motion carried and Mayor and Common Council Resolution Nos. 2006-271
and 2006-272 and Community Development Commission Resolution No.
CDC/2006-31 were adopted by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner McGinnis.
28 07/24/2006
City Attorney Penman advised that in 1991 the City Attorney's office, Police
Department, Fire Department, and Code Enforcement cleaned out Arden -
Guthrie entirely. He stated that over 800 people were moved out of the County
and the area was virtually vacant, and the decision had been made that the City
was going to go in and buy those properties. Instead, the mayor and the
Council at that time, in an ill-advised move, decided to put $3 million back into
Arden -Guthrie to loan it to the owners to rehab their properties. Unfortunately,
the owners brought back the same types of people—drug dealers and gang
bangers—and the City had to clean it out again in 1993. He advised that the
original plan was to clean out the area and buy the properties, and had the City
done that initially—those properties were running around $70,000-80,000 a
fourplex, compared to the $200,000 that has to be paid today—it would be a
very different situation today. He stated that people need to remember that the
actual history of Arden Guthrie is very different from any other area in the City.
It was actually cleaned up completely, totally, and all the bad guys were gone;
and then what happened happened.
R37. Public hearing Disposition and Development Agreement by and between the
Agency and Century Crowell Communities, LP (Agency property located
north of Little League Drive, east of I-215 Freeway). (Continued from June
19, 2006)
RES. 2006-273 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the 2006 Disposition and Development
Agreement ("DDA") by and between the Redevelopment Agency of the City
of San Bernardino ("Agency") and Century Crowell Communities, LP, a
California Limited Partnership ("Developer") related to approximately 79
acres of Agency property located north of Little League Drive, east of I-215
Freeway("Property") (R37A)
RES. CDC/2006-32 - Resolution of the Community Development
Commission of the City of San Bernardino (1) approving the 2006
Disposition and Development Agreement ("DDA") by and between the
Redevelopment Agency of the City of San Bernardino ("Agency") and
Century Crowell Communities, LP, a California Limited Partnership
("Developer") and authorizing the Executive Director of the Agency to
execute said DDA relating to the sale and development of Agency property
located north of Little League Drive, east of I-215 Freeway - approximately
79 acres in the City of San Bernardino ("Property") and (2) making certain
findings thereto related to the development of the Property and adopting a
Mitigated Negative Declaration related to said DDA. (Resolution not
available at time of printing.) (R36B)
The hearing remained open.
29 07/24/2006
Submitted into the record was an inter -office memorandum dated July 24, 2006,
from Henry Empeno, Jr., Senior Deputy City Attorney, to the Mayor and
Common Council regarding Agenda Item No. R37.
Maggie Pacheco, Executive Director, Economic Development Agency, advised
that salient points of the memorandum of understanding had been identified in
the staff report, and staff has also identified the key points with regard to the
DDA. She stated that the business points of the transaction remain pretty much
the same, with the exception of a few changes that have transpired since the
MOU was approved in 2004.
She stated that one of the most significant changes had to do with the size of the
project—that the project had started off being approximately 100 acres, and had
now been reduced to 79 acres. She explained that the reduction in the acreage
was to accommodate a request of the City and the desire of Council Member
Kelley to look at development of a community park. She noted that the Agency
and the City already own this property, they have already expended the
resources to acquire the site, and it presents an opportunity to develop this
community park. Therefore, staff went back to Century and asked them to
consider decreasing the size of their project to 79 acres to accommodate our
community park vision.
She stated that she believed the other change had to do with the land use as a
result of the reduction in acreage. She pointed out that the General Plan calls
for the site to be 10,800 square foot lots, minimum; however, if they were
going to eliminate 20-30 acres for a community park, they needed to look at the
economic feasibility of the residential component and look at the land use. She
stated that this was the reason there will have to be consideration of a General
Plan Amendment in the future—not by this body, but by the City Council—but
that is part of the DDA.
In addition, since the authoring of the staff report, staff had a request by Mr.
Penman to ensure that they add some indemnification language relative to the
settlement agreement that was entered into back in 1989.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that said
resolutions A&B, be adopted.
The motion carried and Mayor and Council Resolution No. 2006-273 and
Community Development Commission Resolution No. CDC/2006-32 were
adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Baxter, Derry, Kelley, Johnson. Nays: None. Absent: Council
Members/Commissioners McGinnis, McCammack.
30 07/24/2006
38. Public Comments
Manuel Armendarez, 3615 Orchid Drive, Highland, CA, began by thanking
Mayor Morris, stating that his nephew has been going to Teen Challenge for
three years and is now an assistant pastor in Whittier; and none of this would
have happened had it not been for then Judge Morris. He announced that he has
started a scholarship—the San -High Youth Sports Scholarship—and this is to
help those youth who want to be involved in local sports activities, but their
families cannot afford to put them into a program. He stated that people who
want to contribute to the scholarship could contact him at (909) 863-1467 or
(909) 213-2950, or by e-mail at mannie939@aol.com.
Paul Sanborn, 3559 Genevieve, San Bernardino, CA, requested the removal of
all signs that are attached to telephone poles throughout the city; stated that he
would like to see the Phoenix Program started four blocks around every school
in the city; and stated that 70 percent of the street lights in the city do not work
properly.
Relative to the article in the newspaper that stated the City wanted to sell the
property at 7' Street and Seccombe Lake to a developer, he suggested that the
City abandon the street between 7`h and Waterman, take that land and make it
part of the cemetery, and he has a buyer on -board for the City.
He stated that any ballot measure relative to additional sales tax is not going to
pass; however, the City has had a windfall in its utility tax for the last two
months, and this money could be spent on new officers. He also suggested
eliminating overtime for police and fire and using that money to hire new police
and fire personnel. In addition, there is also money that the City should collect
from the agreements the City had with those organizations operating the
fireworks stands in the city.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the
hazards of radiation and the impact of state organized crime on the war on
drugs.
31 07/24/2006
39. Adjournment
At 8:06 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, August 7, 2006, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 39
No. of Hours: 6.5
RACHEL G. CLARK
City Clerk
By: e
Linda E. Hartzel
Deputy City Clerk
32 07/24/2006