HomeMy WebLinkAbout11-17-2008 Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Pairick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Neil Derry
Chas Kelley
Rikke Von Johnson
Wendy McCammack
~
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
NOVEMBER 17, 2008
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 1:34 p.m., Monday, November 17, 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, McCammack; City Attorney
Penman, Interim City Manager Weinberg, City Clerk Clark.
Absent:
None.
Council Member/Commissioner Derry excused at 6 p.m.
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 Manalolement v. City of San Bernardino, U.S. Supreme Court
Docket No. 08-325;
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11/17/2008
People v. City of San Bernardino/Georlole N. Voss, et al. - 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/Human Potential Community 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 - ImtlatlOn 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.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1.
Property Address:
450 North "E" Street
APN: 0134-121-24
Nelolotiatinlol Parties:
Emil A. Marzullo, Interim
Executive Director, on behalf of the
Redevelopment Agency, and Scott
Bailey on behalf of CinemaStar
Luxury Theaters, Inc.
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2.
3.
4.
Under Nelolotiation:
Property Address:
Nelolotiatinlol Parties:
Under Nelolotiation:
Property Address:
Nelolotiatinlol Parties:
Under Nelolotiation:
Property Address:
Nelolotiatinlol Parties:
Under Nelolotiation:
Terms and conditions of possible
lease amendment and assignment of
lease.
450 North "E" Street
APN: 0134-121-24
Emil A. Marzullo, Interim
Executive Director, on behalf of the
Redevelopment Agency, and
Moctesuma Esparza, CEO and
Founder, on behalf of Maya
Cinemas.
Purchase price,
conditions.
terms
and
2695 West 5th Street, San
Bernardino
APN: 0142-522-08
Emil A. Marzullo, Interim
Executive Director, on behalf of the
Redevelopment Agency, and
Colleen Choisnet on behalf of
Deutsche Bank National Trust Co.
2006
Purchase price,
conditions.
terms
and
2639 West 5th Street, San
Bernardino
APN: 0142-522-35
Emil A. Marzullo, Interim
Executive Director, on behalf of the
Redevelopment Agency, and Brad
Jennings on behalf of Carrington
Mortgage Series 2006-Nc3
Purchase price,
conditions.
terms
and
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11/17/2008
5.
Property Address:
Nelolotiatinlol Parties:
Under Nelolotiation:
6.
Property Address:
Nelolotiatinlol Parties:
Under Nelolotiation:
7.
Property Address:
Nelolotiatinlol Parties:
Under Nelolotiation:
2633 West 5th Street, San
Bernardino
APN: 0142-522-36
Emil A. Marzullo, Interim
Executive Director, on behalf of the
Redevelopment Agency, and
Michael Novak-Smith on behalf of
Fremont Investment & Loan
Purchase pnce,
conditions.
terms
and
2625 West 5th Street, San
Bernardino
APN: 0142-522-37
Emil A. Marzullo, Interim
Executive Director, on behalf of the
Redevelopment Agency, and Gary
Tatar on behalf of GMAC
Mortgage, LLC
Purchase pnce,
conditions.
terms
and
2682 West 5th Street, San
Bernardino
APN: 0142-522-16
Emil A. Marzullo, Interim
Executive Director, on behalf of the
Redevelopment Agency, and Pete
Nyiri on behalf of Deutsche Bank
Trust Co. Americas
Purchase price,
conditions.
terms
and
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.
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11/17/2008
Invocation/Pledge of Allegiance
The invocation was given by Father Barnabas Laubach of St. Bernardine's Medical
Center. The pledge of allegiance was led by Christian Haro, a student at Anderson
School.
2. Appointment - Armando James Gonzales - Board of Building
Commissioners - Council Member Brinker
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner McCammack, that the appointment of Armando James
Gonzales to the Board of Building Commissioners, as requested by Council
Member Brinker, be approved. The motion carried unanimously.
3. Proclamations & Presentations
Rubelio Berganza, the number one student in a class of 708 seniors at San
Gorgonio High School with a 4.91 GPA, was presented a commendation and
recognized as Student of the Month by Council Member/Commissioner
McCammack.
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
Cynthia Buechter
Jessica Farrell
Kenneth Mosteller
Sharlene Williams
William Beaumont
Arthur Figueroa
Gary McCafferty
Mitchell Assumma
Department
City Clerk
Code Enforcement
Facilities Management
Facilities Management
Fire
Fire
Fire
Parks, Recreation & Community
Services
Police
Police
Police
Police
Public Services
Years of Service
25
5
20
20
25
35
25
5
Dale Blackwell
William Harps
Brian Koerner
Pamela Rodriguez
George Newlin
30
30
20
20
35
Special presentations were made by Mayor Morris and members of the Common
Council to outgoing Council Member Neil Derry honoring him for his services
to the City, followed by refreshments in the lobby.
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11/17/2008
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 Johnson 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
unanimously with Derry absent.
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: October
20, 2008. The motion carried unanimously with Derry absent.
7. Claims & Payroll
Council Member/Commissioner Johnson 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 October 16, 2008, from
Barbara Pachon, Director of Finance, be approved. The motion carried
unanimously with Derry absent.
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the personnel actions, as submitted by the
Chief Examiner, dated November 13, 2008, 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
unanimously with Derry absent.
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11/17/2008
9. Approve Local Appointments List per Maddy Act
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the Mayor and Common Council
approve the Local Appointments List of all regular and ongoing boards,
commissions, and committees and direct that the City Clerk send a copy of the
List to the Feldheym Library for posting pursuant to Government Code Section
54973. The motion carried unanimously with Derry absent.
10. RES. 2008-423 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing a Tolling Agreement between the City of San
Bernardino and the County of San Bernardino concerning property tax
administration fees, and rescinding Resolution 2008-396.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-423 was adopted unanimously with Derry absent.
11. RES. 2008-431 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and purchase
order to Government Outreach for the subscription to the Citizen
Relationship Management Software Service.
Council Member/Commissioner Estrada expressed concern regarding the
solvency of the company and requested staff to fmd out how long the other cities
using this same company have been doing so.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2008-431 was adopted unanimously with Derry absent.
12. RES. 2008-424 - Resolution of the City of San Bernardino amending
Resolution No. 3985 entitled, in part, "A Resolution... prohibiting parking
upon certain designated streets, alleys, or portions thereof..." to establish a
no parking except by pennit at any time zone on the east side of Lorna
Avenue between Citrus Street and one-hundred sixty five feet south of
Lynwood Drive.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-424 was adopted unanimously with Derry absent.
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11/17/2008
13. RES. 2008-425 - Resolution of the City of San Bernardino approving
Amendment No. 2 to correct three-year Capital Improvement Program for
FY 2007-2010 for Measure "I" local expenditures.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-425 was adopted unanimously with Derry absent.
14. RES. 2008-426 - Resolution of the City of San Bernardino authorizing
execution of Amendment No. 1 to a Cooperative Agreement (County
Contract No. 07-451) between the City of San Bernardino and the County
of San Bernardino for pavement rehabilitation on Cajon Boulevard from
0.22 miles northwest of Palm Avenue to 0.05 Iniles northwest of Rex Cole
Road (SS07-06).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-426 was adopted unanimously with Derry absent.
15. RES. 2008-427 - Resolution of the Mayor and Common Council of the City
of San Bernardino recognizing the San Bernardino Police Management
Association as the majority representative for the Police Management Unit.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-427 was adopted unanimously with Derry absent.
16. Item deleted
17. RES. 2008-428 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the purchase of Crimeview Community web-
based crime mapping services from the Omega Group of San Diego,
California.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-428 was adopted unanimously with Derry absent.
18. RES. 2008-429 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the purchase of an automated license plate
reader system for the San Bernardino Police Department from PIPS
Technology of Knoxville, Tennessee.
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11/17/2008
Kris Robinson of PIPS Technology made a video presentation regarding the
automated license plate reader system.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-429 was adopted unanimously with Derry absent.
19. Salary increase for the position of Food Service Supervisor II in the Senior
Nutrition Program
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council authorize
an increase for the salary for the Senior Nutrition Food Service Supervisor II
from a flat rate of $19.56 per hour to $24.56 per hour effective 07/01/08; and
authorize the Human Resources Department to update Resolution 2008-20 to
reflect said changes. The motion carried unanimously with Derry absent.
20. Budget amendment to fund Police helicopter services through December 31,
2008
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Finance be authorized to
amend the FY 2008-09 adopted budget by appropriating $92,650 from
unallocated Measure Z funds to Account No. 001-223-5502 to provide
helicopter services through December 31, 2008. The motion carried
unanimously with Derry absent.
21. RES. 2008-430 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the subInitta1 of the application for Waste Tire
Enforcement Grant Funds from the California Integrated Waste
Management Board.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-430 was adopted unanimously with Derry absent.
22. Item deleted
23. RES. 2008-432 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to apply for the California
Gang Reduction, Intervention and Prevention (CALGRIP) Grant.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2008-432 was adopted unanimously with Derry absent.
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11/17/2008
24. Reclassification of Disaster Management Coordinator to Emergency
Services Manager
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the Disaster Management
Coordinator (U), Range 4510, $5,649-$6,867, be reclassified to Emergency
Services Manager (U), Range 4550, $6,896-$8,383; and that the Human
Resources Department be authorized to update Resolution No. 6429 to reflect
this action. The motion carried unanimously with Derry absent.
25. Approval of the FY 2007/2008 Continuing Appropriations and
Encumbrance Carryovers into FY 2008/2009
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the FY 2007/2008 Continuing
Appropriations and Encumbrance Carryovers into FY 2008/2009 be approved.
The motion carried unanimously with Derry absent.
26. Receive and me the FY 2007/2008 Year End Report and the FY 2008/2009
First Quarter Budget Report
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the FY 2007/2008 Year End
Report and the FY 2008/2009 First Quarter Budget Report be received and
filed. The motion carried unanimously with Derry absent.
27. Public Hearing - Resolution establishing the fees and rates to be charged for
the collection of refuse, green wastes and recyclables
RES. 2008-433 - Resolution of the Mayor and Common Council of the City
of San Bernardino establishing the fees and rates to be charged for the
collection of refuse, green wastes and recyclables, and repealing Resolution
2004-239.
Mayor/Chairman Morris opened the hearing.
City Clerk Clark administered an oath to the following individual that she would
provide true and honest testimony:
Cathy Mallon, 1296 West 31" Street, San Bernardino, CA, expressed concern
that the notification and supporting documents provided to the residents lacked
the statistical information necessary for the consumer to actually perform the
mathematical calculations to make an informed decision-that specific details
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11/17/2008
were omitted. She asked for a defmition of the following items: 1) $686,000
landfill tipping fee; $191,000 for internal service; $668,000 for debt service.
Ken Fischer, Director of Public Services, advised that after the trash is collected
it is taken to the landfill for dumping, and each time a load is dumped it is called
tipping and the County charges the City a certain fee for each load that is
tipped.
He explained that the City owned and operated a landfill in the '50s, which
closed in 1960. However, the City must still maintain that property-there are
state and federal laws that require the City to cap that landfill, to install
monitoring wells and a gas collection system, and to treat that gas so it does not
escape as greenhouse gas into the atmosphere. He stated that the $2.447 million
that the City has spent over the last four years was to comply with those legal
requirements-not to use the property as a dump.
Mr. Fischer stated that the $668,000 for debt service is for the new equipment
that has been acquired over the last couple of years-35 new pieces of
equipment that cost approximately $300,000 a piece, which were bought over an
extended period of time. The internal service amount of $191,000 is what the
City pays for the services provided to the Integrated Waste Division-
information technology assistance, Workers' Compensation, risk management
cost, telephone support-things of that nature.
City Clerk Clark stated that Don Shackelford, Director of Finance for the Water
Department, had advised that as of 11 a.m. this morning staff had received 19
confirmed San Bernardino addresses or assessor parcel numbers out of 71,050
or 2.7 one-hundredths of one percent in opposition. In addition, there were 7
unconfirmed San Bernardino addresses or assessor parcel numbers, for a total of
26 objections out of 71 ,050 or 3.7 one-hundredths of one percent.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the hearing be closed; and that said
resolution be adopted. The motion carried and Resolution No. 2008-433 was
adopted. Ayes: Estrada, Baxter, Brinker, Johnson, McCammack. Nays:
Kelley. Absent: Derry.
28. Public Hearing - Review Sewer Rate Study 2008 and Adopt Resolution
RES. 2008-434 - Resolution of the City of San Bernardino fIXing and
establishing charges for services and facilities furnished by the City
sewerage collection and treatment system located within and outside the
incorporated territory of the City, and repealing Resolution 2004-124.
Mayor/Chairman Morris opened the hearing.
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11/17/2008
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; and that said
resolution be adopted. The motion carried and Resolution No. 2008-434 was
adopted. Ayes: Estrada, Baxter, Brinker, Johnson, McCammack. Nays:
Kelley. Absent: Derry.
29. Discussion and possible action concerning calling a special election to fill a
vacancy that will occur in the 4th Ward Council seat (Continued from
October 20, 2008)
Council Member/Commissioner Estrada asked whether there would be voter
education if the Council decided to conduct the election by an all mail ballot.
City Clerk Clark answered in the affirmative, adding that in addition to
educating the public there would be one polling place in the Fourth Ward and
the voters could also go to either the City Clerk's office or the Registrar of
Voters' office to cast their votes.
Council Member/Commissioner Baxter noted that if the election is conducted in
the traditional manner it would cost approximately $111,000 versus $39,000 for
an all-mail ballot election.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the City Clerk and City Attorney's Office
proceed with preparing the required resolution(s) to call for a special election to
be held in the 4th Ward on Tuesday, March 17, 2009, and that such election be
conducted by all-mail ballot; and that the appropriate resolution(s) be placed on
the December 1, 2008 agenda of the Mayor and Common Council. The motion
carried unanimously with Derry absent.
30. Request for continuance for Tentative Tract No. 14112 - located
northeasterly of the intersection of Foothill Drive and Sterling Avenue
(Continued from May 19, 2008)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be tabled due to the
approval of the Final Map for Tentative Tract No. 14112 at the October 20,
2008 meeting of the Mayor and Common Council. The motion carried
unanimously with Derry absent.
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11/17/2008
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Kelley, Johnson, McCammack; City Attorney Penman,
Economic Development Agency Interim Executive Director Marzullo
and Agency Counsel Sabo, City Clerk Clark.
Absent:
Council Member/Commissioner Derry.
R31. Joint Public Hearing - Watennan Holdings, LLC - Amendment No.4 to the
2004 Disposition and Development Agreement (Central City East
Redevelopment Project Area). (Continued from November 3,2008)
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
Waterman Holdings, LLC (4th and Watennan Avenue - APN: 0135-191-17)
(Central City East Redevelopment Project Area). (R31A)
Resolution of the Community Development ComInission 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
Waterman Holdings, LLC, and authorizing the Interim Executive Director
of the Agency to execute Amendment No. 4 to the 2004 Disposition and
Development Agreement, as amended, between the Agency and Waterman
Holdings, LLC (4th Street and Waterman Avenue - APN: 0135-191-17)
(Central City East Redevelopment Project Area). (R3IB)
The hearing remained open.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be continued to the
Council/Commission meeting of December 15, 2008. The motion carried
unanimously with Derry absent.
R32. Public Hearing - Consenting to the approval of the issuance of Health Care
Revenue Bonds for fmancing the Acquisition of licensed health care
facilities by Mountain Shadows Support Group, Inc.
RES. 2008-435 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the issuance of health care revenue bonds for
the purpose of financing the acquisition of licensed health care facilities by
Mountain Shadows Support Group, Inc.
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11/17/2008
R33.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner McCammack remarked that the staff report
indicated that 25787 Mesa Court was in the Seventh Ward, but she did not think
that was correct-that possibly it could be in the County or a County pocket
recently annexed.
Doug Cook, Succession Planning Group, stated that based on their research with
both the City and the County, this address was in the City. He added that it was
his understanding that if the Council approved the information as presented and
it turns out that it is in the County, the only disadvantage would be to the
Planning Group because they would have to go back to the County and get their
approval in addition to that of the City.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that said
resolution be adopted. The motion carried and Resolution No. 2008-435 was
adopted unanimously with Derry absent.
Following the vote, City Attorney Pemnan advised that in looking at the map it
appeared that Mesa Court may be in the Fourth Ward.
Joint Public hearing - Maya Cinemas North
Disposition and Development Agreement
Redevelopment Project Area)
America, Inc. - 2008
(Central City North
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). (R33A)
Resolution of the Community Development ComInission 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). (R33B)
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11/1712008
Note: No resolutions were distributed with the back-up materials.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to an adjourned
Council meeting at 5 p.m., Tuesday, November 25, 2008, in the Council
Chambers of City Hall. The motion carried unanimously with Derry absent.
R34. Public hearing - to Amend the Consolidated Annual Action Plan for Fiscal
Year 2008-2009 to Effectuate a Supplemental Appropriation under the
Neighborhood Stabilization Program authorized under the Housing and
EconoInic Recovery Act of 2008
RES. 2008-436 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, approving a Substantial Amendment to the
Consolidated Annual Action Plan for Fiscal Year 2008-2009; and
authorizing the City Manager or his designee to execute, on behalf of the
City, such documents as requested by the United States Department of
Housing and Urban Development to effectuate the Supplemental
Appropriation.
Mayor/Chairman Morris opened the hearing.
Emil Marzullo, Interim Executive Director, Economic Development Agency,
stated that staff has been working with federal government officials on economic
recovery and stabilization under the current issues the City is facing with
foreclosed properties, which is not only a local issue, but a regional, state, and
national issue as well. Under this federal legislation the City was allocated $8.4
million under the Neighborhood Stabilization Program (NSP), and staff is
asking the Council for authority to issue documentation to the Department of
Housing and Urban Development, which is required to be delivered to them no
later than December 1, 2008, in order to receive those dollars.
Carey Jenkins, Director of Housing and Community Development, provided a
detailed overview of the staff report and answered questions posed by the
Council. It was noted that there are currently 2,264 houses in foreclosure in the
City of San Bernardino.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individual that she would provide true and honest testimony:
Paula Rae Espinoza, advised that Neighborhood Counseling Services is
offering foreclosure counseling services, and many of those coming in are from
San Bernardino. She stated that their main thrust is to keep people in their
homes.
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11/1712008
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolution be adopted. The motion carried and Resolution No. 2008-436 was
adopted unanimously with Derry absent.
R35. Willdan Engineering - Professional Services Agreement for design and
construction management services for the relocation of the sewer line at the
new County court house located at 247 West 3" Street, San Bernardino
(Central City East Redevelopment Project Area)
RES. CDC/2008-43 - Resolution of the Community Development
ComInission of the City of San Bernardino approving and authorizing the
Interim Executive Director of the Redevelopment Agency ("Agency") to
execute a Professional Services Agreement with Willdan Engineering
(Central City East Redevelopment Project Area).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No CDC/2008-43 was adopted unanimously with Derry absent.
R36. Memorandum of Understanding with the California State Department of
Housing and Community Development to receive fmal designation for the
San Bernardino Valley Enterprise Zone
RES. 2008-437 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and authorizing the Mayor to execute a
Memorandum of Understanding with the California State Department of
Housing and Community Development for fmal designation of the San
Bernardino Valley Enterprise Zone. (R36A)
RES. CDC/2008-44 - Resolution of the Community Development
Commission of the City of San Bernardino consenting to the commitment of
staffmg and fmancial resources of the Redevelopment Agency of the City of
San Bernardino ("Agency") in furtherance of a Memorandum of
Understanding with the California State Department of Housing and
Community Development for fmal designation of the San Bernardino Valley
Enterprise Zone. (R36B)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolutions A and B, be adopted.
Mayor and Council Resolution No. 2008-437 and Community Development
Commission Resolution No. CDC/2008-44 were adopted unanimously with
Derry absent.
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37. Workshop - 5 p.m. - presentation of the Parks, Recreation, Trails and Open
Space Master Plan
A PowerPoint presentation/report was given by Bob Mueting, President, RJM
Design Group, Inc. Also participating were Dr. Jim Fletcher, speaking on
maintenance and operations; Pam Woolrich, who provided information on the
telephone survey conducted in the city; and Barbara Harrison, who presented a
program needs summary.
PLANNING
38. Public Hearing - University Hills Specific Plan, SP No. 07-01; General Plan
Amendment No. 08-03; Tentative Parcel Map No. 18969; Tentative Tract
Map No. 18696; Tentative Tract Map No. 18140; Development Agreement
No. 08-02 - A Plan for 980 dwelling units on 404.3 acres located north of
the terminus of Campus Parkway
RES. 2008-422 - Resolution of the City of San Bernardino adopting the
facts, fmdings and statement of overriding considerations, certifying the
fmal subsequent enviromnental impact report, adopting the Initigation
monitoring and reporting plan, amending the General Plan and the
University District Specific Plan, adopting the University Hills Specific Plan
and approving Tentative Parcel Map No. 18969, Tentative Tract Map No.
18696 and Tentative Tract Map No. 18140.
An Ordinance of the City of San Bernardino amending Chapter 19.10
(Special Purpose Districts) of the San Bernardino Municipal Code
(Development Code) related to the University Hills Specific Plan.
Mayor/Chairman Morris opened the hearing.
Terri Ra1tIial, City Planner/Deputy Director of Development Services, explained
that the Council heard a preliminary presentation on this project during a
workshop on August 18, 2008, and the developer would recap that for the
Council today. She provided a brief description of the project, stating that it
had been heard by the Plarming Commission on November 5, 2008. After
hearing testimony for and against, the Plarming Commission voted 4-3 in favor
of approval of the project.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
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The following individuals spoke in opposition to the proposed project:
AI Kelley of Redlands, CA, stated it was a fire indefensible area;
Matthew Baker of Redlands, CA, stated there are numerous foreclosed homes
in the area;
Nonnan Meek, P.O. Box 314, Crestline, CA, stated he was not against
development, but sees no reason for 15-20 dwelling units per acre and would
deny due to natural hazards;
Dave Goodward, 22430 Pico Street, Grand Terrace, CA, representing the San
Bernardino Audubon Society, stated they feel the description of the habitat and
the species of concern for this site are not adequate under CEQA.
The following members of the Crestline Soaring Society, a hang gliding
organization, presented a short video regarding local hang gliding and
expressed opposition to the development as now proposed, stating they
would like the buffer to be maintained and suggested Initigation to keep the
landing area clear:
Kenneth Howells, 849 W. Marshall Blvd., San Bernardino, CA;
Alan Crause, P.O. Box 9052, San Bernardino, CA;
Rob McKenzie, 4231 Sepulveda Avenue, San Bernardino, CA;
David Aldrich, 11078 Charleston Street, Rancho Cucamonga, CA;
Frank Rhodes, 370 Edgerton Drive, San Bernardino, CA;
Megret Oleariler, 27522 Cedarwood Drive, Lake Arrowhead, CA.
David DeMauro, Vice President, Administration and Finance, California State
University San Bernardino, expressed support for the project, stating that 235
acres of open space will be provided as a natural reserve and that certain
restrictions limit development to only the southern part of the property. He
added that it will also provide a major access route on the extension of Campus
Drive to the University.
Terri Ralihal, City Plarmer, advised that relative to the public review period of
the Enviromnental Impact Report, the project documents were put out for public
review; however, sometimes these documents "walk away" and staff tries to
replace them as soon as possible. For that reason, and also because others had
asked for an extended review period, the public review period on the draft was
extended for two weeks.
Mohamad Younes, P.E., Vice President of Inland Communities Corp, 20250
SW Acacia Street, Suite 260, Newport Beach, CA, stated that he had the full
consultant team available to make the presentation for the public.
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Brian James of Inland Communities provided a PowerPoint presentation. He
spoke regarding the physical realities of the site, such as slopes, the San
Andreas Fault, historic landslides, drainage/flood zones and fire hazards, stating
that they have carefully studied each of these issues and designed their plan to
address them.
David Otis, Fire Safe Plarming Solutions, 302 N. EI Camino Real, San
Clemente, CA, provided an overview of the University Hills project and the fuel
modification zones around it-specialized zones that have approved plant
material, irrigation, thinning zones, setback zones-as well as noncombustible
zones that are being maintained by a lighting and landscaping district.
Kent Norton, Director of Environmental Services, Michael Brandrnan
Associates, who prepared the environmental impact report (EIR), stated that this
was a comprehensive EIR-it looked at all of the potential issues under the
CEQA checklist from the state CEQA guidelines. On the draft EIR there were
eight agency comment letters and approximately three hundred letters
commenting primarily on the airpark from private individuals or organizations.
The two prominent issues that came out of the review of the draft EIR and
comments were biological resources and potential hazards regarding the Andy
Jackson Airpark.
Regarding biological resources, the Audubon Society questioned the
classification of the on-site vegetation as chaparral; therefore, there was a
meeting between the biologists and the Audubon Society to try and discuss the
issue. The botanist, as well as the general biologist for the site, went back out
to the site to check their findings; and their conclusions were the same. He
noted that the actual classification of vegetation at this location and some of the
other foothill areas is problematic because a lot of these areas are recovering at
different rates from multiple recurring wild fires; but regardless of what you call
the vegetation on the site, the University Hills plan sets aside what have been
identified throughout both the Paradise Hills and the University Hills projects as
the most significant biological resources on site, and those are the canyons and
the drainages associated with Badger Creek.
Mr. Norton stated that at the Planning Commission hearing the Audubon
representative made some inaccurate and somewhat disparaging remarks about
the EIR, and especially about MBA' s qualifications to prepare EIRs including
biological resources. He advised that the MBA has a history of 26 years of
preparing legally adequate EIRs, and only a handful of them have ever been
successfully challenged. The project that the Audubon representative referred to
at the Plarming Commission hearing is in Arrowhead; and the issues in the court
decision were very, very specific to that site and to that project, especially
biological resource impacts. There was no reflection on MBA in general, or on
this project, or the EIR for this project; and their VIP and biologists are
extremely well qualified. Their work has been reviewed and they believe there
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is no foundation whatsoever for comments indicating that the EIR is inadequate,
especially regarding biological resources.
Regarding the issue of airpark safety, the EIR concluded that the impacts to the
Andy Jackson Airpark were less than significant, primarily based on repeated
discussions with the Crestline Soaring Society in 2006/2007. In fact, the
University Hills plan was changed a number of times in that critical northwest
portion of the site to create a clear zone area, an open space park, to allow
continued landing activities at the airpark. Just before the EIR was circulated,
the Soaring Society submitted a letter that indicated there was a new landing
zone approach route that would pass over several dozen homes in the current
University Hills plan. The letter did not say that no houses could be under the
landing zone approach, and so they thought the issue was resolved.
Mr. Norton spoke regarding the mitigated negative declaration that was
prepared in 1993 by the Department of Water Resources (DWR). At that time,
the property owners submitted a number of letters warning of the future conflict
with the homes and asking the Department of Water Resources to either find
another location or to relocate the airpark further west so that there wouldn't be
that conflict. The DWR mitigated negative declaration determined that the
impact of the airpark operations in light of the housing would be less than
significant because there was an adequate setback and pilots could simply pay
for higher insurance; and that report did not recommend any mitigation before
the potential conflict. Essentially, the Department of Water Resources and the
Soaring Society have known for about 15 years that there would be a potential
conflict with approved housing on this site, and so it's reasonable to conclude
that they would be the primary agents responsible for resolving that conflict.
He advised that another issue is that the Soaring Society operations are actually
in conflict with the City's Development Code Section 12.88 that was approved
in 1978, which precludes hang gliding over the city of San Bernardino without
approval. As far as MBA knows, the airpark operations do not have City
approval to fly over the city itself. Therefore, the City and the EIR are not
required to mitigate for this nonconforming off-site use or activity. Again, it
would be up to the Department of Water Resources and the Soaring Society to
resolve this conflict.
Mr. Younes concluded the presentation, stating that Inland Communities has
worked with the Crestline Soaring Society since 2005 when they first brought in
the Paradise Hills plan.
He noted that back in 1993, the owner of the Paradise Hills and still the owner
of the University Hills, submitted a letter commenting on the relocation of the
flag during the environmental assessment; and specifically requested that
mitigation matters should be included to guarantee that personal and property
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injury and loss incurred from glider accidents within Paradise Hills would be
covered in full by the Crestline Soaring Society.
The response that came back from DWR at the time stated that this is not an
environmental issue, and as such is not subject to consideration in this document
according to CEQA guidelines Section 15131. However, the U.S. Hang
Gliding Association, of which the Crestline Soaring Society is a member, does
carry liability insurance. So DWR made a determination that there was no
conflict with the housing development, and that they did not have to address it in
CEQA; therefore, Mr. Younes stated, they don't have to address it under
CEQA either.
Mr. Younes displayed an exhibit from the Paradise Hills conceptual of land for
the specific plan. He stated that when they approached the Crestline Soaring
Society and told them that they were proposing housing in this area, the Society
stated their concern and said that they would like to move this area and provide
a clear zone. They gave them a specific distance as to where they should move
the development to. The project was revised three or four times at least, and
the design was shared each time with the CrestIine Soaring Society, until the
first tentative tract map for the Paradise Hills was filed in June 2006.
At the time, Crestline Soaring Society had approved and supported the project,
and they issued a letter of support to the Planning Department. When the
tentative tract map was withdrawn to redesign the project for the University
Hills new plan the line was honored. The same area was maintained to provide
the park in that location, and all the housing at the location was eliminated to
make sure that the line was honored as was committed to in 2006.
Mr. Younes stated that he wanted to make sure that the Society understood that
they have worked with them extensively-they have even approached them
personally to make sure that they provided a safe approach for them. He stated
that most of the issues that were raised by the CrestIine Soaring Society
members had already been addressed in their design, and when the EIR was
circulated, the Society came back and asked that the development be moved
further to the east and that another 400 feet of clear zone be provided, which
would be very detrimental to the project, which has been designed to be
sensitive to all the biological resources.
Council Member/Commissioner McCammack asked Ms. Ralihal if she
concurred that the EIR had addressed all of the comments that had been made
by the public during the comment period in terms of what is required and what
is not required by CEQA.
Ms. Ralihal replied in the affirmative.
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Council Member/Commissioner Baxter noted that the Council had been told that
the Fire Chief had approved this plan, and he asked Chief Conrad if he
concurred with that statement.
Chief Conrad answered in the affirmative, stating that the plans have been
extensively reviewed by the fire marshal and meet all of the current code
requirements. He stated that as with any project in Southern California, you
can't ensure 100 percent fireproofmg of a project like this, but it does have the
best science they have available to them now to protect the homes in that area.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the hearing be closed; that said resolution
be adopted; that said ordinance be laid over for final adoption; and that
consideration of the Development Agreement be brought back at a later date for
consideration. The motion carried and Resolution No. 2008-422 was adopted
unanimously.
39. Discuss amendments and an extension of Ordinance No. MC-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, to perInit emergency shelters with approval of a building
perInit within areas of the IL, Industrial Light, Land Use District lying
south of 3'd Street, east of Waterman Avenue and north of Central Avenue,
declaring the urgency thereof, and taking effect immediately.
Terri Ralihal, City Planner, advised that the Council had adopted an urgency
ordinance on October 20, 2008, related to permitting emergency homeless
shelters within the City. She stated that staff continues to work on amendments
to this ordinance, as well as the City's Housing Element, which is related to the
whole picture of providing for the homeless within the city. She stated that the
item was scheduled for Council consideration at an adjourned Council meeting
on November 25, but in the meantime Colin Drukker from the Planning Center,
the City's consultant on the Housing Element, would give the Council some
background information regarding the need for this ordinance and some of the
particulars that will be included in the Housing Element relative to what staff is
hoping to accomplish through this ordinance.
Colin Drukker, Senior Planner with the Planning Center, stated he is helping the
City to update its Housing Element, and one of the components of doing this is
complying with any new state laws that have been passed since the previous
update. One of the new laws, Senate Bill 2, which took effect January 1, 2008,
has a provision that deals specifically with strengthening housing element law to
encourage and facilitate the provision of emergency shelters-specifically, the
City is required to identify a zone where emergency shelters are permitted in a
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nondiscretionary manner, which basically means that the City cannot require
something like a conditional use permit (CUP). Moreover, that zone that is
identified must demonstrate an adequate capacity to address the city's umnet
emergency shelter needs for homeless individuals. He stated that addressing the
unmet need and quantifying that need is quite difficult, not in small part due to
the transient nature of homeless individuals. However, they are using a
number of sources right now to assess an accurate count of the homeless in the
City of San Bernardino.
Mr. Drukker stated that they were also looking at the City's current stock of
emergency shelter beds, and the current count that they have indicates there are
at least a few hundred emergency shelter beds in the city of San Bernardino and
approximately another one hundred sixty-four on line in the next year or two.
They take the count of the homeless individuals in the city of San Bernardino
and subtract out those who are currently served by emergency shelters (the beds
that are curr~ntly in existence) and that is the City's unmet need. They look at
the zone that is identified to permit emergency shelters in a nondiscretionary
fashion and they analyze that zone and look at the land within that zone and
determine whether or not it can serve a certain number of beds. One of the
factors that they use is looking at existing shelters and determining what size
land they require to determine the capacity of the land identified for that zone.
They will also look at some of the development standards that the City can apply
to emergency shelters.
One of the new provisions of the law is that an emergency shelter has to be
treated as a residential or commercial use. Special development standards
cannot apply, although there is a list of five or six special standards that can be
applied. In addition to addressing the specifics of that bill the housing element
will quantify the housing needs-look at some of the specifics of the housing
need-whether it is more family based or more individuals, other services
besides shelters that are provided, and the city's overall continuum of care. He
noted that there are many other provisions of the housing element, but this is the
focus right now, and they are finishing this part up with City staff and with the
City Council.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be continued to a joint
adjourned council meeting at 5 p.m., Tuesday, November 25, 2008, in the
Council Chambers of City Hall. The motion carried. Ayes: Estrada,
Baxter, Brinker, Derry, Johnson, McCammack. Nays: Kelley. Absent:
None.
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40. Public Comments
Oscar C. Gonzalez, 635 E. Evans Street, San Bernardino, CA, Chairman of
the Board of Police Commissioners, submitted a letter dated November 10,
2008, addressed to the Mayor and City Council and signed by all the
commission members, in support of Police Chief Billdt, his staff, and the men
and women of the San Bernardino Police Department.
41. Adjournment
At 7:32 p.m. the meeting adjourned to 4 p.m., Tuesday, November 25, 2008, in
the Council Chambers of City Hall.
RACHELG. CLARK
City Clerk
By:
~E.W
Linda E. Hartzel
Deputy City Clerk
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