HomeMy WebLinkAbout11-20-2006 MinutesSan
CITY OF SAN BERNARDINO
300 N. `D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
MINI iTF.S
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
NOVEMBER 20, 2006
COUNCIL CHAMBERS
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Vacant
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCammack
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 1:30 p.m., Monday, November 20, 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, Derry,
Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager
Wilson. Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
Council Member/Commissioner Kelley Arrived
At 1:50 p.m., Council Member/Commissioner Kelley arrived at the Council/
Commission meeting.
1. Closed Session
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Annette Mendenhall v. City of San Bernardino - San Bernardino
Superior Court Case No. SCVSS 113604;
eisenberger, et al. v. City of San Bernardino, et al. - San
Superior Court Case No. SCVSS 134901;
11/20/2006
Zimmon v. City of San Bernardino - Workers' Compensation Appeals
Board Case Nos. SBR 0329202 and SBR 0329212.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
IVDA Redevelopment Project Area
1. Property Address: 2158 McKinley Avenue
APN: 1191-021-31
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Pedro M. Uriostegue, property
owner/seller
Under Negotiation: Purchase price, terms, and conditions
2. Property Address: 2105 McKinley Avenue
APN: 1191-021-56
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Fidelity National Title, property
owner/seller
2 11/20/2006
Under Negotiation: Purchase price, terms, and conditions
3. Property Address: 2195 McKinley Avenue
APN: 1191-021-61
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Sonia Ortiz, property
owner/seller
Under Negotiation: Purchase price, terms, and conditions
4. Property Address: 2050 Arden Avenue
APN: 1191-021-38
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Larry Senior and Andrea
Estrada, property owner/seller
Under Negotiation: Purchase price, terms, and conditions
City Attorney Penman announced that two additional cases would be discussed
in closed session:
People of the State of California v. Jose Lopez and Marco Cardenas, et
al. and the cross complaint - San Bernardino Superior Court Case No.
SCVSS 134051;
San Bernardino City Professional Firefighters Union, et al. v. Larry
Pitzer - United States District Court Case No. EDCV 05-473 VAP
(OPx).
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 Deacon John Barna of Our Lady of Assumption Church,
followed by the pledge of allegiance, led by Eduardo Morales of Ramona Alessandro
School.
3 11/20/2006
Moment of Silence
Mayor Morris expressed condolences to the families, friends, and colleagues of the
following individuals and requested a moment of silence in their memory: Angelo
Mazza, who owned Angelo's Shoe Shop on North Sierra Way for 58 years; Jess C.
Hernandez, a lifelong resident of San Bernardino and humanitarian dedicated to serving
his community; Glenn Taylor, a retired English teacher who worked for our school
district for 34 years; former First Ward Councilman Eddie Negrete, who served as a
councilman from 1993 to 1998; Lewis Corns, who worked for the City's Police
Department as a detective and forensic specialist for 30 years; Dr. Elsie Rosso Llopart,
who practiced obstetrics at St. Bernardine Medical Center and Community Hospital for
32 years; and Dr. Bruce Shepard, who practiced anesthesiology at St. Bernardine's
Hospital and also taught respiratory physiology at San Bernardino Valley College and
Victor Valley College.
2. Appointment - John R. Lowe - Santa Ana River Trail Commission -
Council Member Derry
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Estrada, that the appointment of John R. Lowe to the
Santa Ana River Trail Commission, as requested by Council Member Derry, be
approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
3. Proclamations & Presentations
Mayor Morris presented the Third Quarter 2006 Customer Service Award to
Barbara Sladek, an Account Clerk II in the Parks, Recreation and Community
Services Department, who received six nominations from her fellow Parks
employees for being a team player and for her willingness to step up and assist
the department during a period of staffing challenges.
City Clerk Rachel Clark presented the City's 40-year-old voting machine to
Steve Shaw, President of the San Bernardino Historical Society.
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 Department
Josie Soria City Attorney
Margaret Schwarz Library
Years of Service
15
25
4 11/20/2006
Robert Albright
Police
15
Janice Bean
Police
15
Steve Casarez
Police
10
Timothy Matlock
Police
15
Clayton Smith
Police
15
Michael Diaz
Public Services
10
James McCracken
Public Services
5
Ricky Parker
Public Services
10
Allen Waite
Public Services
10
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.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, 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, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
6. Claims & Payroll
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated November 9,
2006, from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
7. Personnel Actions
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the personnel actions, as submitted
by the Chief Examiner, dated November 15, 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.
5 11/20/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
8. Mayor and Common Council/Community Development Commission regular
meeting dates for 2007
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the Mayor and Common Council
and the Community Development Commission approve the following dates for
regular meetings of the Mayor and Common Council/Community Development
Commission for the year 2007: January 8 (second Monday); January 22 (fourth
Monday); February 5 and 20; March 5 and 19; April 2 and 16; May 7 and 21;
June 4 and 18; July 2 and 16; August 6 and 20; September 4 and 17; October 1
and 15; November 5 and 19; December 3 and 17.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
9. Set joint workshop of the Mayor and Common Council and Planning
Commission - Redlands Passenger Rail Station Area Plans
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the Mayor and Common Council
set a joint workshop with the Planning Commission for Monday, December 4,
2006 at 5:30 p.m. in the EDA Board Room related to the Redlands Passenger
Rail Station Area Plans.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
10. RES. 2006-400 - Resolution of the City of San Bernardino amending
Resolution 2005-341 to increase the purchase order amount for a Services
Agreement with Albert Johnson for the provision of contract building
inspection services.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted; and that
the Director of Finance be authorized to amend the FY 2006/07 adopted budget
by transferring $106,000 from Account No. 001-191-50xx (Salaries and
Benefits) to Account No. 001-191-5502 (Professional/ Contractual Services).
6 11/20/2006
The motion carried and Resolution No. 2006-400 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
11. Establish salaries for Fire Department Ranges P-5, P-6 & P-7, effective
August 1, 2006
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the salaries for Fire Department
Ranges P-5 (Battalion Chief), P-6 (Deputy Fire Chief), and P-7 (Fire Chief) be
established, effective August 1, 2006; that the Human Resources Department be
directed to amend Resolution No. 6429 to reflect the above action; and that the
Director of Finance be authorized to amend the FY 2006/07 budget by
increasing the Fire Department General Fund budget by $57,600 for Charter
186 costs by appropriating $57,600 from the General Fund budget reserves and
make appropriate adjustments to the various Fire grants.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
12. RES. 2006-401 - Resolution of the City of San Bernardino authorizing the
purchase of 29 Motorola XTS 5000 portable and 10 Motorola XTL 5000
mobile radios from Motorola, Inc.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-401 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
13. 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 Golden State Fence Company for the installation of
wrought iron fencing around the perimeter of La Plaza Park.
Note: No resolution was included in the backup materials.
City Manager Wilson requested that this item be tabled.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be tabled.
7 11/20/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
14. RES. 2006-404 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to sign a lease agreement with
Russell Properties Partnership for offsite office space on behalf of the San
Bernardino Police Department.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-404 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
15. Resolution of the Mayor and Common Council of the City of San
Bernardino approving the destruction of certain Police Department records,
documents and papers pursuant to Section 34090 and 34090.6 of the
Government Code of the State of California.
Note: No resolution was included in the backup materials.
City Attorney Penman requested a two -week continuance.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, questioned how long
the City was required to keep various records and documents and where he
could obtain guidelines regarding records destruction.
Mayor/Chairman Morris referred him to Police Chief Billdt.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of December 4, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
16. RES. 2006-405 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying submittal of a grant application for the FY
05106 South Coast Air Quality Management District Carl Moyer Memorial
Air Quality Standards Attainment Program to assist in the purchase of (20)
new LNG refuse trucks to be utilized by the Public Services Department,
Refuse Division.
8 11/20/2006
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2006-405 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
17. RES. 2006-402 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing submittal of the application for waste tire
enforcement grant funds from the California Integrated Waste Management
Board.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-402 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
18. RES. 2006-403 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to
Fairview Ford of San Bernardino for the negotiated purchase of two 2007
Ford Ranger pick up trucks, to be utilized by the Code Compliance
Department.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-403 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
19. Public meeting - formation of a Landscape Maintenance Assessment
District in the Ohio Avenue and Chestnut Avenue area (Tract No. 14881 -
AD 1049)
Mayor/Chairman Morris opened the meeting.
No public comments were received.
9 11 /20/2006
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that the public meeting relative to the
formation of the Ohio Avenue and Chestnut Avenue Area Landscape
Maintenance Assessment District No. 1049 be closed; and protests and ballots,
if any, be carried over to the public hearing on December 4, 2006 at 4:00 p.m.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
20. Public meeting - formation of a Landscape Maintenance Assessment
District in the 6`s Street and Sterling Avenue area (Tract No. 17372 - AD
1053)
Mayor/Chairman Morris opened the meeting.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the public meeting relative to the formation
of the 6`" Street and Sterling Avenue Area Landscape Maintenance Assessment
District No. 1053 be closed; and protests and ballots, if any, be carried over to
the public hearing on December 4, 2006, at 4:00 p.m.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
21. Public meeting - formation of Landscape Maintenance Assessment District
in the Campus Parkway and Valles Drive area (Tract No. 17699 - AD 1054)
Mayor/Chairman Morris opened the meeting.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that the public meeting relative to the
formation of the Campus Parkway and Valles Drive Area Landscape
Maintenance Assessment District No. 1054 be closed, and protests and ballots,
if any, be carried over to the public hearing on December 4, 2006, at 4:00 p.m.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
10 11/20/2006
22. Public hearing — obligation and expenditure of the allocated Citizen's
Option for Public Safety (COPS) monies for FY 2006/07
RES. 2006-406 - Resolution of the City of San Bernardino authorizing the
obligation and expenditure of the allocated Citizens Option for Public Safety
(COPS Option) monies for FY 06/07 to supplement front-line law
enforcement support services.
Mayor/Chairman Morris opened the hearing.
Council Member/Commissioner McCammack pointed out that this is an
opportunity for the City to receive $392,822 in grant money for front-line law
enforcement support services.
Police Chief Billdt stated that this was the fifth year the City has received this
money, which has been used to fund four police officers.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2006-406 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
23. Public hearing — resolution imposing liens on property located within the
City for uncollected business registration fees
RES. 2006-407 - Resolution of the City of San Bernardino imposing liens on
certain parcels of real property located within the City of San Bernardino
for uncollected business registration fees.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the hearing be closed; that the City
Clerk be directed to administratively remove any properties from Exhibit A
which have been paid prior to the hearing; and that said resolution be adopted.
11 11/20/2006
The motion carried and Resolution No. 2006-407 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
24. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement and purchase order
between the City of San Bernardino and NPG Corporation for
miscellaneous street repairs as detailed in Bid Specification No. RFQ F-07-
14. (Continued from November 6, 2006)
Responding to a question from Council Member/Commissioner McCammack,
City Manager Wilson assured her that slurry seal was not included in any of the
street repairs detailed in this bid specification. He stated that it was work
beyond potholes, but not full-scale street repairs.
Ms. McCammack stated that the reason she had questioned this was because six
of the ten bidders were nonresponsive and she wondered why. She asked that
this information be available at the next Council meeting.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the Council/
Commission meeting of December 4, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
25. Workshop with State Senator Bob Dutton - 5:00 p.m. in the MIC Room, 6'
Floor, City Hall
Note: No backup materials were distributed.
Senator Dutton noted that the City of San Bernardino is postured very well, and
stated that he was a willing partner to try and help all of us to do what is right
for our city —that it is not about being democrat or republican, but about what is
good for the people in the area. He provided an overview of the bond measures
approved by the voters on November 7 and the impact they will have on the
Inland Empire. He stated that the state still needs to deal with a $5 billion
deficit and it will take awhile to get the bonds "fired up." He stated that he will
try to make an annual visit to the cities he represents; however, he also
encouraged the mayor and council to visit him in Sacramento once or twice a
year.
12 11/20/2006
COMMUNITY DEVELOPMENT COMMISSION
Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk
Clark, Economic Development Agency Special Counsel Sabo and Executive Director
Pacheco. Absent: None. Vacant: Third Ward.
R26. Joint public hearing - Disposition and Development Agreement (DDA) for
development of a shopping center - La Placita on 2°" Street - Uptown
Redevelopment Project Area. (Continued from November 6, 2006)
RES. 2006-409 - Resolution of the Mayor and Common Council of the City
of San Bernardino consenting to the sale of certain property and the
funding of certain public improvements as identified in the 2006 Disposition
and Development Agreement ("DDA") by and between the Redevelopment
Agency of the City of San Bernardino ("Agency") and La Placita on 2°"
Street, a California Limited Liability Corporation and accepting the
Community Development Commission's certain environmental findings
related to the development of the proposed project. (R26A)
RES. CDC/2006-49 - 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 La
Placita on 2°" Street, a California Limited Liability Corporation; (2)
authorizing the Executive Director of the Agency to execute said DDA
relating to the sale of certain property in the City of San Bernardino; and
(3) making certain findings thereto related to the development of the project
and the funding of certain public improvements. (R26B)
Council Member/Commissioner McCammack stated that she would abstain on
this item because she owns property in the Uptown Redevelopment Project
Area. She left the Council Chambers and returned after the vote was taken.
The hearing remained open.
Maggie Pacheco, Executive Director, Economic Development Agency, stated
that this agreement gives the City an opportunity to remove the substandard and
dilapidated shopping center commonly referred to as the El Tigre grocery store.
She stated that it will assure that the existing structures are removed and will
make way for a new shopping center of about 100,000 square feet that will be
anchored by a Superior Super Warehouse, with the remaining square footage of
approximately 55,000 square feet to be utilized by other retailers. She advised
that the development will complement the architecture treatment seen at the
13 11/20/2006
historic Santa Fe Depot, and that the developer intends to spend a minimum of
$22 million demolishing the existing structures and redoing the entire shopping
center.
Ms. Pacheco stated that the schedule calls for the developer to accomplish
demolition within six months of the date of approval of this agreement to begin
paving the way for the new construction. In addition, the agreement places
substantial responsibility upon the Agency, in that the Agency will convey five
parcels of land to the developer at fair market value, and the developer will
repay the Agency for all the costs associated with the acquisition of the five
parcels, including any relocation costs and legal expenses that the Agency incurs
related to any condemnation. She advised that the Agency's responsibility
would also be to provide $2 million in outside improvements to help facilitate
the development of the area.
Ms. Pacheco advised that one key component of the agreement requires the
developer to acquire the property to the south of Second Street to pave the way
for a mixed -use development. The agreement also outlines that the Agency will
make its best efforts to acquire adjacent properties just east of the property that
the developer has acquired; however, that would be the subject of a later
agreement.
No public comments were received.
City Clerk Clark read into the record the amended resolution titles contained in
the new staff report.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; and that said
resolutions A and B, be adopted.
The motion carried and Mayor and Common Council Resolution No. 2006-409
and Community Development Commission Resolution No. CDC/2006-49 were
adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Baxter, Derry, Kelley, Johnson. Nays: None. Abstentions: Council
Member/ Commissioner McCammack. Absent: None. Vacant: Third Ward.
R27. Joint Public Hearing - 2006 HOME Community Housing Development
Organization (CHDO) Capacity Building Agreement with Arroyo Valley
Community Economic Development Corporation, a non-profit corporation
14 11/20/2006
RES. 2006-410 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and amending the 2005-2010 Consolidated
Plan and the 2006-2007 Annual Action Plan to allocate $50,000 in HOME
Capacity Building Funds to Arroyo Valley Community Economic
Development Corporation, a non-profit corporation. (R27A)
RES. CDC/2006-50 - 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 HOME CHDO Capacity
Building Agreement between the Agency and Arroyo Valley Community
Economic Development Corporation, a non-profit corporation. (R27B)
Mayor/Chairman Morris opened the hearing.
Agency Executive Director Pacheco advised that this item deals with allocating
federal HOME dollars to a nonprofit organization, principally to use these funds
for capacity nourishing of a nonprofit, whose fundamental purpose is to provide
affordable housing. She stated that the $50,000 grant represents the 10 percent
of the total budget of the organization, and staff is recommending approval. She
stated that there is a stipulation in the contract that does require the nonprofit to
perform; therefore, if they do not produce a dwelling unit within an 18-month
period from execution of the agreement, they would be required to repay the
grant funds at 6 percent interest.
No public comments were received.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; and that said
resolutions A and B, be adopted.
The motion carried and Mayor and Common Council Resolution No. 2006-410
and Community Development Commission Resolution No. CDC/2006-50 were
adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
None. Vacant: Third Ward.
R28. Joint Public Hearing - 2006 Affordable Single -Family Disposition and
Development Agreement (HOME Funds -Four Agency Lots) - Arroyo Valley
Community Economic Development Corporation and Inland Empire
Concerned African American Churches
15 11/20/2006
RES. 2006-411 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving an amendment to the 2005-2010 Consolidated
Plan and the 2006-2007 Annual Action Plan and consenting to the
disposition of certain properties located in the City of San Bernardino on
160' and Harris Streets (APN: 0144-131-21) and 17' and "J" Streets (APN:
0144-131-36, 0144-123-03 and 46) ("Agency Lots"), by the Redevelopment
Agency of the City of San Bernardino ("Agency") pursuant to the terms of
the 2006 Affordable Single -Family Disposition and Development Agreement
(HOME Funds -Four Agency Lots), by and between the Agency, Arroyo
Valley Community Economic Development Corporation and Inland Empire
Concerned African American Churches - IVDA Redevelopment Project
Area. (R28A)
RES. CDC/2006-51 - Resolution of the Community Development
Commission of the City of San Bernardino approving the disposition of
certain properties located in the City of San Bernardino on 16' and Harris
Streets (APN: 0144-131-21) and 17' and "J" Streets (APN: 0144-131-36,
0144-123-03 and 46) ("Agency Lots"), by the Redevelopment Agency of the
City of San Bernardino ("Agency") and authorizing the Executive Director
of the Agency to execute the 2006 Affordable Single -Family Disposition and
Development Agreement (HOME Funds -Four Agency Lots), by and
between the Agency, Arroyo Valley Community Economic Development
Corporation and Inland Empire Concerned African American Churches -
IVDA Redevelopment Project Area. (R28B)
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Agency Executive Director, stated that this item pertains to
the disposition of four parcels that the Agency currently owns to the Arroyo
Valley Community Economic Development Corporation and the Inland Empire
Concerned African American Churches. She stated that the property will be
conveyed to the developer and the participants for the purpose of developing
four single-family homes. She advised that the agreement also provides for the
Agency to contribute up to $593,000 in HOME federal dollars for assisting the
participant and the developer with gap financing that's needed in the form of
construction financing. The developer and participants are responsible for
obtaining the approximately $893,000 of construction funds to complete
approximately $1.3 million in development costs for the four homes.
No public comments were received
16 11/20/2006
Council Member/Commissioner McCammack expressed concern that the
backup materials contained nonprofit status information for Arroyo Valley;
however, she could find nothing regarding the nonprofit status of the
participant. She stated that she would have thought both organizations would
have needed to provide this information.
Ms. Pacheco stated that if it is lacking in the document, it clearly is in the
Agency offices. She stated that non-profit status of the participant is a
requirement, and she was sorry it was not included in the backup materials. She
assured Ms. McCammack that staff had verified the nonprofit status of the
participant. Project Manager Musibau Arogundade confirmed Ms. Pacheco's
comments.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolutions A and B, be adopted.
The motion carried and Mayor and Common Council Resolution No. 2006-411
and Community Development Commission Resolution No. CDC/2006-51 were
adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
None. Vacant: Third Ward.
R29. RES. CDC/2006-52 - 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 Redevelopment Project Study and
Exclusive Right to Negotiate Agreement ("Agreement") with Home Depot,
Inc. (North Arden Guthrie - IVDA Redevelopment Project Area).
(Continued from November 6, 2006)
Agency Executive Director Pacheco stated that this was a 24-month agreement
,between the Agency and Home Depot which would allow the Agency to explore
development of the northern Arden Guthrie area. She stated that Home Depot
has made a commitment to develop all 17 acres, and this will allow that process
to begin. She advised that a key point to this particular agreement is that Home
Depot is providing the Agency a 1 percent deposit of the projected purchase
price of $5.8 million; however, that will be verified later on as they proceed to
enter into a development agreement. She pointed out that this agreement is a
precursor to a Disposition and Development Agreement and simply allows staff
to study the development feasibility.
17 11/20/2006
Council Member/Commissioner McCammack pointed out that this is not just
going to be a Home Depot —it's a Home Depot on a portion of the property, and
Home Depot wants to guarantee development of the additional six acres of the
site with youth oriented retail, sit-down restaurants, and other types of
establishments with immediate access to the soccer field. She added that Home
Depot has stated that they will not be closing their store on Muscupiabe, as it is
one of their highest producing stores.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. CDC/2006-52 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
R30. RES. CDC/2006-53 - 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 a Professional Services Agreement by
and between the Agency and California Property Specialists, Inc., for
relocation services (Central City North Redevelopment Project Area -
Downtown Acquisitions).
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. CDC/2006-53 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
R31. RES. CDC/2006-54 - 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 a Professional Services Agreement by
and between the Agency and California Property Specialists, Inc., for
acquisition and relocation services (IVDA Redevelopment Project Area -
Arden Guthrie Acquisitions).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. CDC/2006-54 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
18 11/20/2006
R32. RES. CDC/2006-55 - 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 Amendment No. 1 to the Contractor
Services Agreement Minor Grant Repair Program (Elderly/Special Needs)
between the Oldtimers Foundation and the Agency, reinstating said
Agreement and authorizing the amount of one hundred thousand dollars
($100,000) annually, for a three (3) year term commencing in 2007, subject
to annual funding availability.
Council Member/Commissioner McCammack asked if there was a way to
allocate additional funding to.this program.
Agency Executive Director Pacheco stated that additional resources could be
allocated; however, at this point in time they are trying to make sure that they
don't overextend the Oldtimers services. She stated that a lot of the work is
done by the Oldtimers, that they are now at an evaluation period, and if it turns
out that there is a need and they can handle the additional labor, it can be
brought back to the Commission.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. CDC/2006-55 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
R33. RES. CDC/2006-56 - 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 Redevelopment Project Study and
Exclusive Right to Negotiate Agreement with Hoprock 2 Verdemont, LLC
("Developer") - Verdemont Area.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. CDC/2006-56 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
19 11/20/2006
34. Authorize the Director of Finance to amend the FY 2006/07 adopted budget
to reflect costs associated with Operation Phoenix Programs in the Parks
and Recreation Department and to also reflect the corresponding revenue
reimbursement from County NIP Funds
Council Member/Commissioner McCammack verified with staff and the mayor
that the use of NIP funds for this purpose fell within the realm of the grant.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the Director of Finance be
authorized to amend the FY 2006/07 adopted budget to reflect costs associated
with Operation Phoenix programs in the Parks & Recreation Department and to
also reflect the corresponding revenue reimbursement from County NIP funds,
as outlined in the staff report dated November 7, 2006, from Lemuel Randolph,
Director of Parks, Recreation and Community Services.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
35. RES. 2006-408 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute Amendment No. One
to the Securitas Security Services USA, Inc. Agreement, dated November 6,
2006, for security guard services at the San Bernardino Metrolink Station.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-408 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
36. Public Comments
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, distributed a handout
to the Mayor and Council and spoke regarding the ten years he has been coming
before the Council. He commented on the recent election of new Senate
majority leader Harry Reid from Nevada, which he believes will be a significant
blow to the Yucca Mountain Project and the issue of rail transportation of
nuclear waste.
20 11/20/2006
37. Adjournment
At 6:30 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, December 4, 2006, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 37
No. of Hours: 5
RACHEL G. CLARK
City Clerk
By: 2 Y
Linda E. Hartzel
Deputy City Clerk
21 11/20/2006