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Home My WebLink About11-25-2008 Adjourned Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Estller Estrada Dennis J. Baxter Tobin Brinker Neil Derry Clws Kelley Rikke Van Jollnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING NOVEMBER 25,2008 COUNCIL CHAMBERS This is the time and place designated for a joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino from the joint regular meeting of the Mayor and Common Council and Community Development Commission held at 1:30 p.m., Monday, November 17, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on Monday, November 17, 2008, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 10: 15 a.m., Tuesday, November 18, 2008, on the City Hall breezeway bulletin board. The joint adjourned 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 5:07 p.m., Tuesday, November 25, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarnrnack; City Attorney Penman, Interim City Manager Weinberg, City Clerk Clark. Absent: None. 1 1112512008 1. CLOSED SESSION Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Manta Management v. City of San Bernardino - U.S. Supreme Court Docket No. 08-325; People v. City of San Bernardino/George N. Voss, et aI. - San Bernardino Superior Court Case No. CIVSS 811831. 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: Public Counsel Law Center/Hurnan Potential Consultants LLC v. City of San Bernardino Inland Communities Corp. v. City of San Bernardino (Paradise Hills) Two (2) cases California Aviation Services, Inc. v. City of San Bernardino California State University contract for Police Consultant C. Conference with legal counsel - anticipated litigation - lllitlatlon of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. California State University 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. 2 11125/2008 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property Address: 450 North "E" Street APN: 0134-121-24 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Scott Bailey on behalf of CinemaStar Luxury Theaters, Inc. Under Negotiation: Terms and conditions of possible lease amendment and assignment of lease. 2. Property Address: 450 North "E" Street APN: 0134-121-24 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Moctesuma Esparza, CEO and Founder, on behalf of Maya Cinemas. Under Negotiation: Purchase price, terms and conditions. City Attorney Penman stated that a question had arisen as to whether the action taken regarding Mr. Glenn Baude should have been reported in open session. He stated that the matter had been listed on the agenda as both a personnel matter and under significant exposure to litigation, and the last action taken by the Council in closed session was to make a counter offer to Mr. Baude. He advised that pursuant to Section 54957.1 (3) (B), "If final approval rests with some other party to the litigation or with the court, then as soon as the settlement becomes final, and upon inquiry by any person, the local agency shall disclose the fact of that approval, and identify the substance of the agreement." Mr. Penman confirmed that that had been done when they were contacted by the press last week, and if the press makes a request under the public records act, a copy of Mr. Baude's agreement will be made available to them. He stated that the last time it was discussed Linn Livingston, Human Resources Director, reported that Mr. Baude had signed the agreement and no action was taken by the Mayor and Council; therefore, there was no action to report outside of closed session. 3 1112512008 R2. Joint Public hearing - Maya Cinemas North America, Inc. - 2008 Disposition and Development Agreement (Central City North Redevelopment Project Area) (Continued from November 17, 2008) Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of certain real property by the Redevelopment Agency of the City of San Bernardino ("Agency") to Maya Cinemas North America, Inc. ("Developer") (450 North "E" Street - APN: 0134-131-24, 25, 26, 27 and 28) (Central City North Redevelopment Project Area). (R2A) Resolution of the Community Development Commission of the City of San Bernardino approving the sale of certain real property by the Redevelopment Agency of the City of San Bernardino ("Agency") to Maya Cinemas North America, Inc. ("Developer"), and authorizing the Interim Executive Director of the Agency to execute the 2008 Disposition and Development Agreement by and between the Agency and the Developer (450 North "E" Street - APN: 0134-131-24, 25, 26, 27 and 28) (Central City North Redevelopment Project Area). (R2B) Note: Resolution No. R2A was not distributed with the backup materials. City Attorney Penman requested that this matter be placed on the closed session agenda for December 1, 2008, and the open session agenda for December 12, 2008. Council Member/Commissioner McCarnrnack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of December 1, 2008, to be discussed in closed session, and to the Council/Commission meeting of December 15, 2008, to be discussed in open session. The motion carried unanimously. 3. ORD. MC-1290 - An Urgency Ordinance amending and extending Ordinance No. Me-1288, "An Urgency Ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Section 19.02.050, 19.08.020, Table 08.01, and adding Chapter 19.10-E, Emergency Shelter Overlay District...," amending Section 19.06.020, Table 06.01, modifying the areas designated within the Emergency Shelter Overlay District, declaring the urgency thereof, and taking effect immediately. URGENCY (Continued from November 17, 2008) Mayor/Chairman Morris opened the hearing. City Attorney Penman stated that a replacement page for the Emergency Shelter Overlay District, Chapter 19.1O-E.040, "Development Standards" was being 4 11125/2008 distributed to the Council wherein the maximum capacity for each shelter was reduced from 100 beds to 35 beds. Valerie Ross, Development Services Director, stated that based on the 2007 Homeless Census, homeless people are not located in anyone area so staff tried to provide opportunities throughout the City. Ms. Ross stated that initially they were looking at fewer sites which meant that they had to provide a higher resident capacity to accomplish their goal, but since they've added more sites they believe they can meet their needs and be in compliance with Senate Bill 2 by reducing the resident capacity to 35. She stated that staffs recommendation was to adopt the modifications to the Urgency Ordinance. Colin Drukker, Consultant with The Plarming Center, stated that he believed that the number of sites and the number of acres that have been identified would be adequate to serve the City's need. He stated that the service providers they had talked to indicated that they prefer the dispersal method because it allows the service writers to serve all of the homeless throughout the City and not just in one area, and it also helps mitigate some of the potential negative impacts that they can have on surrounding areas. Mr. Drukker stated that this overlay district consists of 173 acres and approximately 131 parcels and they looked at whether the parcels were of sufficient size, whether they were available for development both inunediately and within the planning period, which goes to 2014. He stated that all of the sites are more than adequate to potentially be redeveloped into shelters. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: John Coote, citizen of San Bernardino and a member of the City Plarming Commission, asked if there were any other changes to the restrictions placed on these facilities relative to square footage, proximity to residences, public transportation, and the other restrictions on the site approval. Mayor/Chairman Morris stated that there are a series of restrictions within the development standards in terms of the capacity, length of stay, square footage, and parking. City Attorney Penman advised Mr. Coute that he needed to state for the record that he was speaking as a private citizen, that he was not speaking on behalf of the Planning Commission, and that he has disqualified himself because he has a conflict. 5 11125/2008 Mr. Coute stated that he was speaking as a private citizen, and the issue he was concerned with as a private citizen was whether there were going to be changes in the proximity to residences and/or public transportation. Mr. Coute stated that he assumed those issues would remain as they were originally set forth in the emergency ordinance. Mayor/Chairman Morris stated that the modifications relative to this overlay district were included in the proposed ordinance. City Clerk Clark requested that the following language be added to the form motion: "that full reading of the ordinance be waived." Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that full reading of the ordinance be waived; that the hearing be closed; and that said urgency ordinance be adopted. The motion carried and Ordinance No. MC-1290 was adopted. Ayes: Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: Kelley. Absent: None. 4. Public Comments There were no public comments. 5. Adjournment At 6:59 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 1, 2008. RACHEL G. CLARK City Clerk By~.t~Jah-~ / Linda Sutherland Deputy City Clerk 6 11125/2008