HomeMy WebLinkAbout06-Council Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Fred Shorelt
Chas Kelley
Rikke Van Johnson
Wendy McCammack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JULY 20, 2009
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Deyelopment Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:35 p.m., Monday, July 20, 2009, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Baxter,
Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman,
City Manager McNeely, City Clerk Clark.
Absent:
Council Member/Cornmissioner Estrada,
Council Member/Commissioner Estrada arrived at 1:40 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):
07/2012009
Linda Williams v. City of San Bernardino, et al. - San Bernardino County
Superior Court Case No. CIVSS 809402;
Jennifer Walker Y. City of San Bernardino, et al. - San Bernardino
County Superior Court Case No. CIVSS 806544;
Kenneth Kilpatrick Y. Carlos Quiroz, et al. - United Status District Court
Case No. EDCV 04-00771 and United States Court of Appeals, Ninth
Circuit Case No. 07-55633;
Patricia Morana v, City of San Bernardino, et al. - San Bernardino
County Superior Court Case No. SCVSS 137616; Fourth District Court of
Appeals Case No. E0404471;
Michael Desrochers and Steve Lowes Y. City of San Bernardino, et al. -
United States Court of Appeals for the Ninth Circuit Case No. 07-56773;
People of the State of California v. Allen, et al. - San Bernardino County
Superior Court Case No. CIVSS 818572;
People of the State of California Y. In-N-Out, et al. - San Bernardino
County Superior Court Case No. CIVSS 818573.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of
Goyernment Code Section 54956.9:
Agenda Item No. 29
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
Human Potential Consultants, LLC v. City of San Bernardino
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdiyision (c) of Government Code Section
54956.9:
City of San Bernardino v. California State University
Vickie R. Smith
D, Closed Session - personnel - pursuant to Government Code Section
54957.
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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 seryices or public facilities - pursuant to Government Code Section
54957.
F. Conference with labor negotiator - pursuant to Goyernment Code Section
54957.6.
G. Conference with real property negotiator - pursuant to Goyernment Code
Section 54956.8.
City Attorney Penman announced that the following additional case would be
discussed in closed session:
Retired Police Chief Michael Billdt v. City of San Bernardino - a PERS case.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Cornmunity
Deyelopment Commission.
Moment of Silence
Mayor/Chairman Morris requested a moment of silence in mernory of D. Elliott
Whitlock and Dr. James T. Hudson.
Invocation/Pledge of Allegiance
The inyocation was given by Reverend Fred Adams of The Rock Church. The pledge of
allegiance was led by Brooklyn Gregory of Del Rosa Elementary School.
2. Appointments
There were no commission appointments.
3. Presentations
Rabbi Hillel Cohn, Chairrnan of the Bicentennial Committee, stated that when the
Committee was established in 2007, they took it upon themselyes to come up with
a theme to guide them throughout the observance of the Bicentennial, and that
theme is "A Rich History and a Bright Future." He stated that they haye
addressed the rich history, and the bright future refers not only to the economic
future of San Bernardino, but also the environmental future, the cultural future,
and the future of the generations to come, which is represented by the City's
youth. Rabbi Cohn introduced Cheryl Brown, the chair and coordinator of the
Youth Committee, who presented an update of the Youth Committee's actiyities
in preparation for the City's Bicentennial celebration.
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The following individuals were presented a service pin award by Mayor/
Chairman Morris in recognition of their many years of dedicated service to the
City:
Name
Barbara Masters
Venus Williams
Robert Eisenbeisz
Michelle Parra
Darren Means
Gilbert Ruyalcaba
Gwendolyn Waters
Charlene Gallagher
Edward Jones
Erlinda Krause
Janice Stowers
4. Announcements
Department
City Treasurer
Code Enforcement
Deyelopment Services
Finance
Police
Police
Police
SBETA
SBETA
SBETA
SBET A
Years of Service
25
30
5
15
10
25
25
30
30
15
10
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representatiye from the Chamber of Cornmerce regarding
various civic, community, and chamber eyents and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Cornmissioner Estrada, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived. The motion carried
unanimously.
6, Council Minutes
Council Mernber/Commissioner Baxter made a motion, seconded by Council
Member/Cornmissioner Estrada, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Deyelopment Cornmission of the
City of San Bernardino be approved as submitted in typewritten form: June 15,
2009; and June 29,2009. The motion carried unanimously.
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7. Claims & Payroll
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Cornmissioner Estrada, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated July 2, 2009, from Barbara
Pachon, Director of Finance, be approyed. The motion carried unanimously.
8. Personnel Actions
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the personnel actions, as submitted by the
Chief Examiner, dated July 15, 2009, in accordance with Ciyil Seryice rules and
Personnel policies adopted by the Mayor and Common Council of the City of San
Bernardino, be approyed and ratified. The motion carried unanimously.
9, RES. 2009-265 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement with Arias & Lockwood for legal services in the claim of Sheryl
Nash, et aI.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Cornmissioner Estrada, that said resolution be adopted. Resolution No.
2009-265 was adopted unanimously.
10. RES. 2009-266 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement with Arias & Lockwood for legal services in the claim of Leslie T.
Johnson, Jr., et al.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted. Resolution No.
2009-266 was adopted unanimously.
11, Item deleted
12, Item deleted
13. Item deleted
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14, RES. 2009-267 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and the
issuance of an annual purchase order in the amount of $95,000 with two (2)
one-year extensions at the City's option to Alexis Oil Company for
automotive, heavy truck and heavy equipment lubricants to be utilized by the
Public Services Department, Fleet Division.
Council Member/Cornmissioner Baxter made a rnotion, seconded by Council
Member/Cornmissioner Estrada, that said resolution be adopted. Resolution No.
2009-267 was adopted unanimously.
15. RES. 2009-268 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance of
a purchase order in the amount of $48,900 to the County of San Bernardino
for slurry seal treatment to the pavements on Fifth Street, from Waterman
Ayenue to 0.23 mile west of Pedley Road and on Third Street, from
Waterman Avenue to Tippecanoe Avenue.
Council Mernber/Commissioner Estrada inquired as to whether the Inland Valley
Deyeloprnent Agency (IVDA) had been asked to assist the City with these costs
since they are looking at beautirying the Third Street corridor frorn Waterman
Avenue to Tippecanoe Ayenue.
Mayor/Chairman Morris suggested that staff coordinate with the County and
IVDA relatiye to the possibility of an expanded partnership.
Council Member/Cornmissioner Estrada made a motion, seconded by Council
Member/Cornmissioner Baxter, that said resolution be adopted, Resolution No.
2009-268 was adopted unanimously.
16. RES. 2009-269 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of a grant application for the Fiscal
Year 2009 Metropolitan Medical Response System (MMRS) to the San
Bernardino County Fire Department Office of Emergency Services and
authorizing the Fire Department to administer the grant.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Cornmissioner Baxter, that said resolution be adopted. Resolution No.
2009-269 was adopted with Brinker absent.
17. RES. 2009-270 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing acceptance of a Selective Traffic Enforcement
Program (STEP) Grant from the State of California Office of Traffic Safety
(OTS) in the amount of $222,034.
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Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Cornmissioner Estrada, that said resolution be adopted. Resolution No.
2009-270 was adopted unanimously.
18. City Manager's Office Reorganization
City Manager McNeely stated that the proposed salary adjustments for the
Assistant City Manager and the Senior Administratiye Analyst positions had been
recommended for approyal by the Personnel Cornmittee. However, the proposed
establishment of the position of Manager of Cornmunications and the job
description associated with that position were not recornmended for approyal by
the Committee. He stated that it was his decision to bring all the items back
before the full Council for their review and possible action.
Council Member/Commissioner Brinker rnade a motion, seconded by Council
Member/Commissioner Baxter, to approye motions 1-6. No vote was taken.
Issues raised and discussed at length by members of the Council relative to the
proposed Manager of Communications position included salary and benefit costs;
job responsibilities; cornmittee and sub-committee policies, procedures, and
guidelines; possible violations of the City Charter; and forms of internal and
external communication,
Council Member/Commissioner McCammack made a substitute motion. seconded
by Council Mernber/Commissioner Estrada, to approye motions 1 and 2 only:
I) that a salary adjustment be authorized for the position of Assistant City
Manager, from Range 4650, $11,356 - $13,804, to Range 4685, $13,522 _
$16,436 per month; and 2) that a salary adjustment be authorized for the position
of Senior Administratiye Analyst, from Range 4490, $5,113 - $6,215, to Range
4520, $5,938 - $7,218 per month. The motion carried with Baxter voting
"no."
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, to approve motions 3-6: 3) that the position of
Manager of Communications be established, Range 4600, $8,850 - $10,757 per
month; 4) that the job description for the position of Manager of Communications
be approyed; 5) that the Human Resources Department be authorized to update
Resolutions 97-244 and 2008-033; and 6) that the Director of Finance be
authorized to incorporate these changes into the FY 2009-2010 adopted budget.
The motion carried with Estrada, Kelley and McCammack voting "no."
19. Fire Department Reorganization
Staff requested a two-week continuance.
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Council Mernber/Commissioner Brinker made a motion, seconded by Council
Member/Cornmissioner Baxter, that the rnatter be continued to the Council/
Commission meeting of August 3, 2009. The motion carried with Estrada,
Kelley and McCammack voting "no."
19A. Council Office Reorganization
Council Member/Commissioner Estrada made a rnotion, seconded by Council
Member/Cornmissioner Johnson, that funding be restored for the position of
Council Administratiye SuperYisor, Salary Range 3480, for FY 09/10; and that
the Finance Department be authorized to transfer $71,852 from the General Fund
Reserve or any other funding source to the Council Office Budget Account No,
001-021-5011-0000. The motion carried unanimously.
20. Public Hearing - An Urgency Ordinance extending a temporary moratorium
on the establishment and operation of new Parolee/Probationer Group
Homes, Registered Sex Offender Group Homes and Unlicensed Group
Homes
ORD. MC-1310 - An Urgency Ordinance of the City of San Bernardino
extending a temporary moratorium on the establisIunent and operation of
new Parolee/Probationer Group Homes, Registered Sex Offender Group
Homes and Unlicensed Group Homes, declaring the urgency thereof, and
taking effect immediately. URGENCY
Mayor/Chairman Morris opened the hearing.
No public comments were receiyed.
Council Mernber/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said urgency
ordinance be adopted, The motion carried and Ordinance No. MC-1310 was
adopted unanimously.
21. Public Hearing - Resolution ordering the vacation of Romo Road, north of
Sixth Street, west of Del Rosa Drive
RES. 2009-273 - Resolution of the City of San Bernardino ordering the
vacation of Romo Road, north of Sixth Street, west of Del Rosa Drive.
Mayor/Chairman Morris opened the hearing.
City Attorney Penman declared a conflict due to the fact that the yacation of
Romo Road was requested by the San Bernardino City Unified School District of
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which his wife is a member of the board. He adyised that Agency Counsel Sabo
had reviewed and signed the resolution. He left the Council Chambers and
returned after the yote was taken.
No public comments were receiyed.
Council Member/Commissioner Estrada made a rnotion, seconded by Council
Member/Commissioner Brinker, that the hearing be closed; that the Findings of
Fact, as set forth in the staff report from the Director of Deyelopment Services
dated June 16, 2009, as to why the portion of Romo Road, north of Sixth Street,
west of Del Rosa Drive is no longer necessary for public street purposes, be
adopted; and that said resolution be adopted. The motion carried and
ResoIntion No. 2009-273 was adopted unanimously.
22. Public Hearing - An Urgency Ordinance adding Area 6 to the areas
designated within the Emergency Shelter Overlay District as provided in
Development Code Section 19.10-E.020
An Urgency Ordinance adding Area 6 to the areas designated within the
Emergency Shelter Overlay District as provided in Development Code Section
19.10-E.020, declaring the urgency thereof, and taking effect immediately.
URGENCY (22A)
Ordinance adding Area 6 to the areas designated within the Emergency
Shelter OyerIay District as provided in Development Code Section
19.10-E.020. FIRST READING (22B)
Mayor/Chairman Morris stated that one of the issues that prompted the
continuance of this matter was the possible existence of terms and conditions of
ownership and use on one of the properties.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that the rnatter be continued to the Council/
Commission meeting of August 3, 2009. The motion carried with Estrada,
Kelley and McCammack voting "no."
23, Resolution of the City of San Bernardino approving License Agreement No,
09-37471 with the Burlington Northern Santa Fe (BNSF) Railway for
maintenance of temporary shoring under the Mt. Vernon Viaduct between
2nd Street and 4th Street (BR#54C0066). (Continued from July 6,2009)
Note: No resolution was distributed with the backup materials.
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Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Cornmissioner Baxter, that the matter be continued to the Council!
Cornmission rneeting of August 3,2009. The motion carried unanimously.
COMMUNITY DEVELOPMENT COMMISSION
R24. Joint Public Hearing - Meta Housing, Inc., Magnolia Highland, L.P.,
Disposition and DeyeIopment Residual Receipts Loan Agreement (The
Magnolia at Highland Project - Northwest Redevelopment Project Area)
Resolution of the Mayor and Common Council of the City of San Bernardino
consenting to the disposition of the Redevelopment Agency of the City of San
Bernardino's properties located on the southwest corner of Highland Avenue
and Medical Center Drive (APN's: 0143-191-38, 46 and 63) to Meta Housing,
Inc. - Magnolia Highland, L.P., for the development of 79 units of
affordable senior citizen rental housing (Northwest Redevelopment Project
Area). (R24A)
Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Interim Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency") to execute
the 2009 Affordable Senior Citizen Rental Housing Acquisition, Disposition
and Development Agreement ("DDA") by and between the Agency and Meta
Housing, Inc. - Magnolia Highland, L.P. (Northwest Redevelopment Project
Area). (R24B)
Note: No backup materials were distributed.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Cornmissioner Baxter, that the matter be continued to the Council!
Commission rneeting of August 3,2009. The motion carried unanimously.
R25. Mary Erickson Community Housing, Inc. ("MECH") - Delegation and
authorization for the implementation of the Neighborhood Stabilization
Program ("NSP") and approval of a certain Master Agreement between the
Agency and MECH (Continued from July 6, 2009) (See related Agenda Item
Nos. R26 and R28)
RES. 2009-271 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and authorizing the expenditure of certain
Neighborhood Stabilization Program ("NSP") funds pursuant to the Housing
and Economic Recovery Act of 2008 ("HERA") in accordance with NSP
Grant Number B-08-MN-06-0520 in the principal amount equal to
$8,408,558. (R25A)
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RES. CDC/2009-35 - Resolution of the Community Development Commission
of the City of San Bernardino accepting the delegation of administration and
management for the use of the City of San Bernardino Neighborhood
Stabilization Program ("NSP") funds in accordance with the Housing and
Economic Recovery Act of 2008. (R25B)
RES. CDC/2009-36 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the use of Low and
Moderate Income Housing funds and Neighborhood Stabilization Program
("NSP") funds through a certain Master Agreement by and between the
Redevelopment Agency of the City of San Bernardino ("Agency") and Mary
Erickson Community Housing, Inc. ("MECH"), pursuant to the
Neighborhood Stabilization Program. (R25C)
Emil Marzullo, Economic Deyelopment Agency Interim Executiye Director,
pointed out that the Mary Erickson project is part of the Neighborhood
Stabilization Program-a series of projects in and around the southern Arden
Guthrie area near Sunrise and 19th Street, east of Sterling, west of Arden.
He stated that the Federal Government allocated dollars earlier in the year for a
number of economic programs and one of them was housing and dealing with the
issue of foreclosed homes. These are the dollars that haye been allocated through
NSP1, and they are entitled to these dollars based on population, the economic
status of that population, and the number of foreclosures as compared to other
places within our region, state, and country.
Carey Jenkins, Economic Development Agency Director of Housing and
Community Development, made a Power Point presentation to the Mayor and
Cornmon Council titled "NSP Overview."
Mr. Marzullo stated that the Econornic Development Agency has a number of
roles and one of them is economic development-trying to provide for jobs,
creating a better working environment, and bringing in industry. One of their
primary focus points is on housing, and under the Community Redevelopment
Law they are charged with trying to create certain housing opportunities and
trying to eliminate blighting and blighted influences within the City. He stated
that it is a tremendous job to have to take on with the limited resources they have
so they haye to prioritize. They prioritize where the worst issues are and where
they think they can be more effective, and their 20 percent Set-Aside, which is 20
percent of the redeyelopment funds that they get -the tax increment that's used
for affordable housing-is simply not enough to deal with the issues they face
within the community, He stated that the 20 percent Set-Aside can be used for
tearing down houses, demolishing, and buying up some of these units, but it is
inadequate on a City-wide basis to take on projects of this magnitude. They
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07/20/2009
estimate a project like this in this neighborhood, which is 244 apartment units to
buy, tear down, and rebuild, would probably be a $50 million project.
He stated that the Arden Guthrie area has been problematic for a number of
years. At one time it was a yery nice neighborhood. In the last 20 years there
have been a number of reasons for the declining property maintenance in this City
and this area has been particularly hard hit. The challenge is not so much with
the tenants, but with the managernent of the tenants. He stated that if they were
to design a neighborhood in terms of mixed housing, they would want a
neighborhood like this because of the ayailability of resources. So, for that
reason, they did not recornmend leyeling the whole neighborhood and getting rid
of all the four-plexes, but instead they haye recornmended stabilizing the
neighborhood first by acquiring what they could with the NSP funds and putting it
under single ownership and reverting the rnultiple 25 lots that are there now to
two single parcels, two condominiurn lots, so they could never be subdivided and
put under separate ownership again.
Mr. Marzullo stated that the housing market cycles up and down and it's very
predictable. Most people think that you can't predict a housing slump or housing
rise and you clearly can and the smart money does it all the time. They haye
spent almost $30 million dealing with that problem in Arden Guthrie 1, which is
the neighborhood to the north. This neighborhood has cycled twice in the last 20
years where the City made sorne valiant efforts-they did some very
comprehensive policing, they put in rehab money, they rnade loans-and the
neighborhood cycled down in the 1990s recession. There was a clean up process
in the late 1990s and the smart money bought it at a good time and sold it in this
last downturn, and now we're right back where we were again and the srnart
money is waiting on the sidelines to buy them again, clean them up, rehab them,
re-tenant them, and do the same thing.
He referred to the handout titled, "San Bernardino County Rent and Income
Limits FY 2009 Per HCD (Housing and Cornmunity Development) (Marston),"
and proYided an oyerview of the information contained therein.
Mr. Marzullo stated that they are offering a cornprehensiye solution for a serious
and cornplex problem in this neighborhood. He stated that it would probably take
5-7 years to complete the task of taking on all these four-plexes and consolidating
those that need to be torn down, getting a new developer in the next housing
market to build, and controlling those that are salvageable.
He stated that they have two forms of funding. They haye 20 percent Set-Aside
Funds and they haye NSP funds, and those are the only sources of real money
that he has to address this problem in a comprehensive way. Howeyer, the NSP
money comes with a 25 percent requirement of dollars to address 50 percent Area
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Median Income (AMI) housing. He stated that they will also use the low-mod
money on this project and they will use it within the neighborhood to try to
provide a similar solution. They believe that at the end of this project this
neighborhood will be stable and stabilized for the future.
Mr. Marzullo summarized by stating that the Mary Erickson project is a piece of
the oyerall project. It's not the whole project, it is only one piece-it's 25 four-
plexes. The project is part of the overall NSP project within the City and they
are addressing a number of neighborhoods that haye similar problems and they
will recommend the use of those federal monies wherever they haye worse
problems or on the most compelling places, but it's entirely up to the Council
where the dollars are spent.
The following individuals spoke in favor of the project:
Jane Sneddon, San Bernardino, CA;
Vernette Ross, San Bernardino, CA;
Alex Juback, San Bernardino, CA;
Jim Mulvihill, San Bernardino, CA;
Pastor Joshua Beckley, San Bernardino, CA;
Pastor Ray Turner, San Bernardino, CA;
Susan McDevitt, Executive Director for Mary Erickson Community Housing,
Carlsbad, CA, stated that their mutual goal is to remoye the blight, stabilize
declining neighborhood values, reduce the calls for seryice, enhance the sense of
community and develop community spirit and pride, and to develop some much
needed affordable housing. Their plan is to acquire the properties, some of which
are blighted and boarded, and rehabilitate the properties. They'ye been in
existence for 19 years and they own properties in Orange County, Riyerside
County, and in San Bernardino County. They work yery closely with law
enforcement to incorporate security features into the properties such as lighting,
mail box placement, etc. They want to enhance the community not detract from
it. They have strict leasing standards. They take into account income levels and
there is a lot of misconception that the incorne level is $19,000, which is
completely false-the income level is $32,100. They do criminal background
checks, eviction checks, and reference checks, and they have a zero tolerance
policy on all of their properties. The property management firm they work with
is one of the top five nationally and has a section deyoted exclusively to
affordable housing. They are yery "hands-on" in their communities. They are
non-profit and they want to support the well being of their tenants. Once their
tenants are selected they continue with the rnanagernent. They have interior and
exterior inspections, they haye a crime-free addendum, they provide educational
programs which are designed to enhance self-sufficiency and they have references
to social seryices, educational programs, and have programs relative to utility
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discounts. This is their rnission, this is their business, it's what they do, and they
do it well.
The following individuals spoke about the project, but comments were not
necessarily in support or in opposition:
Shawntell Tolbert, San Bernardino, CA;
Carolyn Franks, San Bernardino, CA;
Tierra Hightower, San Bernardino, CA;
Brittany Hopkins, San Bernardino, CA;
Joe Bonadiman, San Bernardino, CA, recornmended that this matter be
continued until they have a better understanding of what the City is doing.
Jeannette Vasilakis, San Bernardino, CA, stated that she didn't know if what
was being proposed is good or not, but she belieyes that homeowners take better
care of their property .
Robert Torres, San Bernardino, CA, stated that they have issues and their
landlord does not want to help them.
Marina Briones, San Bernardino, CA, stated that their landlord doesn't take care
of the property, They have roaches and they have no outside water. She stated
that Code Enforcernent told them to take pictures and file a complaint.
Luke Conner, San Bernardino, CA, stated that this is a good place, but they need
several things, most importantly, street lights.
Jess Biggers, San Bernardino, CA, stated that people want to stay there.
Dana Ericchick, San Bernardino, CA, stated that the neighborhood is good,
people are friendly, and he has had no problems,
Warner Hodgdon, San Bernardino, CA, stated that he would support whateyer
decision the Council makes.
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The following individuals spoke in opposition to the project:
Joe Arnett, San Bernardino, CA;
Lawrence Hebron, Highland, CA;
DarreI A. Smith, Highland, CA;
Alfred Arellano, San Bernardino, CA;
Nelson Brown, San Bernardino, CA;
Darcie Tossetti, Highland, CA;
Dick Fawcett, San Bernardino, CA;
Daniel Caldwell, San Bernardino, CA;
Nelson Brown, Highland, CA, property manager in area, stated that the people
there really want a safe place to be, they want a clean place, they want a place
that's free of crime and they also want to invest in their own area. He gets the
people who liye in the area to work in the area and he pays them because when
you get the people who are there to be inyolyed in the cornmunity they take more
pride in it and they want to be there. He stated that a lot of these people would
not qualiry for this program.
Sir Lindsay, San Bernardino, CA, stated that if you want to address poverty you
have to go knock on their front door and find out what they need.
C. Patience Summers, San Bernardino, CA, stated that there haye been seyeral
complaints to Code Enforcement from the residents about their landlords and they
are being ignored.
Dr. Denise Whisler, San Bernardino, CA, stated that if a building is yacant, if
it's trashy, if it has mold, asbestos, and/or lead, either haye it razed or use
preemptiye domain to build single-family homes. She distributed and discussed a
handout dated 20 July 2009 titled, "Spend San Bernardino Money Wisely, I.C.C.
and H.C.C.
Jay Lindberg, San Bernardino, CA, stated that if you invest in homes and you
don't haye the economy to sustain it, you are not going to stabilize those
cornmunities.
David McCammack, San Bernardino, CA, spoke about the lack of Code
Enforcement in the City and suggested that the department be outsourced.
Janine Hinrichs, Chino Hills, CA, stated that the current property management
companies are horrible and they are the cause of most of the problems. The
community needs rnore policing and community centers and the residents need
education and direction.
15
07/20/2009
Roger Henderson, San Bernardino, CA, stated that the City should put Code
Enforcement in that area 24/7 to straighten it up.
Maria Hallstrom, San Bernardino, CA, stated that she bought her apartments in
2002 with the intention of liYing and retiring there.
Council Member/Cornmissioner McCarnmack stated that they could build a senior
complex, they could rehab the four-plexes into required owner-occupied duplexes
and the tenant could be a lower income family, which would satisry the 25
percent requirernent of this money and would proYide more home ownership in
the City. She stated that she would rather haye local property managers take care
of these properties than out-of-towners, because at least the City could hold them
to certain standards. She passed out a real estate listing of 19 homes on the north
end of town that are in foreclosure and explained how the City could buy the
hornes and turn 57 families from renters into home owners. She stated that she
did not want to give all this money to one yendor because she feared the City
would lose control and would not be able to enforce the requirements of this
contract.
Mr. Marzullo stated that NSP does not haye to be used on this project, but if you
take NSP in any project, you have to use 25 percent of it for 50 percent of the
AMI. NSP will be used for the acquisition of foreclosed homes. The $18 million
total NSP I and 2 is directed at foreclosed homes and the foreclosures in this
neighborhood were one way to use it-not the only way. The proposal is not just
to tear down four-plexes, the proposal is to build single-family housing for low-
and moderate-incorne persons of which in Phase 2, 20 percent Set-Aside Funds
will be used. We can do nothing, or we can build affordable housing; but when
you use low-mod rnoney you haye to replace the housing you take out. This is a
legitimate use of NSP money because there are 18-20 foreclosed four-plexes in
the area, and with it cornes the requirement to build that 50 percent AMI housing.
Council Member/Commissioner Kelley suggested that perhaps the best way to use
these dollars would be to spread them fairly and eyenly around the City so that
each ward has an opportunity to rehab, refurbish, and/or save a foreclosed horne
and to ensure that the NSP dollars are used for foreclosed homes and that we are
looking at opportunities with abandoned property. In the meantime, the City
Manager could work with the Code Enforcement Department to ensure that health
and safety issues are being addressed throughout the City.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said resolutions A - C, be adopted. The
motion carried with Estrada, Kelley and McCammack voting "no."
16
07/20/2009
R26, Recommended Intermediary Services Providers in support of the
Neighborhood Stabilization Program ("NSP") Request for Proposal ("RFP")
(Continued from July 6, 2(09) (See related Agenda Item No, R25)
RES. CDC/2009-37 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to enter into a Master Agreement with each of the
selected Intermediaries identified through the Neighborhood Stabilization
Program ("NSP") Intermediary Services RFP procurement process for the
purpose of rehabilitating and selling Agency identified and approved
foreclosed and/or abandoned single-family residences within the City of San
Bernardino.
Dr. Denise Whisler, San Bernardino, CA, stated that the City should build
owner-occupied Habitat for Humanity style single-family residences that anyone
would be proud to live in and let the people who live in that area have the first
right to buy. She stated that the slum landlords allow the code violations to
continue by not paying the fines, not paying the penalties, and not improYing the
conditions and she urged the public to not blame City officials and Code
Enforcement officers.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
CDC/2009-37 was adopted with Estrada, Kelley and McCammack voting
"no."
R27. City of San Bernardino and the Redevelopment Agency of the City of San
Bernardino - Adoption of a Policy regarding the distribution of tickets or
passes pursuant to the requirements of Fair Political Practices Commission
Regulation 18944.1 (Continued from July 6, 2009)
Resolution of the Mayor and Common Council of the City of San Bernardino
adopting a Joint Policy with the Redevelopment Agency of the City of San
Bernardino regarding the distribution of tickets or passes pursuant to the
requirements of Fair Political Practices Commission Regulation 18944.1.
(R27 A)
Resolution of the Community Development Commission of the City of San
Bernardino adopting a Joint Policy with the City of San Bernardino
regarding the distribution of tickets or passes pursuant to the requirements of
Fair Political Practices Commission Regulation 18944.1. (R27B)
Note: Resolution No. R27A was not distributed with the backup materials.
17
07/20/2009
Council Member/Cornmissioner McCamrnack made a motion, seconded by
Council Mernber/Cornmissioner Brinker, that the matter be continued to the
Council/Commission rneeting of August 3, 2009. The motion carried
unanimously.
R28. Delegation of administration and management for the use of the City of San
Bernardino Neighborhood Stabilization Program ("NSP") funds in
accordance with the Housing and Economic Recovery Act of 2008 (See related
Agenda Itern No. R25)
RES. 2009-272 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and authorizing the expenditure of certain
Neighborhood Stabilization Program ("NSP") funds to be utilized for
acquisition, demolition, rehabilitation and resale activities pursuant to the
Housing and Economic Recovery Act of 2008 ("HERA") in accordance with
NSP Grant Number B-08-MN-06-0520. (R28A)
RES. CDC/2009-38 - Resolution of the Community Development Commission
of the City of San Bernardino accepting the Delegation of Administration and
Management for the use of the City of San Bernardino Neighborhood
Stabilization Program ("NSP") funds to be utilized for acquisition,
demolition, rehabilitation and resale actiyities in accordance with the Housing
and Economic Recovery Act of 2008. (R28B)
Dr. Denise Whisler, San Bernardino, CA, stated that people need safe haven
zones for their children. They need community centers and they need to learn
how to socialize positively to become crime free, drug free, and foul language
free. She urged the Council not to throw money down the drain because she felt
the City could do far better and far more for its citizens.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Cornmissioner Baxter, that said resolutions A and B, be adopted.
Mayor and Common Council Resolution No. 2009-272 and Community
Development Commission Resolution No. CDC/2009-38 were adopted with
Estrada, Kelley and McCammack voting "no."
PLANNING ITEMS
29. Appeal Hearing - Conditional Use Permit No. 08-21 (Appeal No. 08-07) -
Appeal of the Planning Commission's denial of a Conditional Use Permit to
convert an existing 6,747 square foot church building into a 56-bed homeless
shelter with related support facilities and office space located at 840 North
Sierra Way in the RM, Residential Medium, land use district. (Continued
frorn July 6, 2009)
18
07/20/2009
The hearing was closed at the Council/Cornmission meeting of April 6, 2009.
Council Mernber/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Brinker, that the matter be continued to the
Council/Cornmission meeting of August 3, 2009. The motion carried
unanimously.
30. Public Comments
No public cornments were receiyed.
31, Adjournment
At 9:17 p.m., the meeting adjourned and the City Manager was directed to
reschedule the budget meeting originally scheduled for 4 p.m., Tuesday, July 28,
2009. The next joint regular meeting of the Mayor and Cornmon Council!
Community Deyelopment Commission is scheduled for 1:30 p.m., Monday,
August 3, 2009, in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California,
RACHEL G. CLARK
City Clerk
BY~,~
Linda Sutherland
Deputy City Clerk
19
07/20/2009
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Fred Shorelt
Chas Kelley
Rikke Van Johnson
Wen,ry McCammack
~
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
SPECIAL MEETING
JULY 28, 2009
ECONOMIC DEVELOPMENT AGENCY BOARDROOM
201 NORTH "E" STREET
SAN BERNARDINO, CA
NOTICE IS HEREBY GIVEN that the Mayor and Common Council of the City of San
Bernardino haye called a special meeting of the Mayor and Common Council for 4 p, m. ,
Tuesday, July 28, 2009, in the Economic Development Agency Boardroom, 201 North
"E" Street, San Bernardino, California.
The purpose for which this meeting was called was: 1) closed session; 2) to discuss and
adopt a resolution authorizing the City of San Bernardino to establish 2009-2010
expenditures for the month of August, 2009 only, at one-twelfth the actual leyels
contained in the adopted budget for 2008-2009 fiscal year, or as needed to pay the
authorized costs incurred for the rnonth of August, 2009 only, pending final approyal of
the 2009-2010 budget; and 3) to set a budget workshop date for FY 2009/10 budget
discussions,
The special meeting of the Mayor and Common Council of the City of San Bernardino
was called to order by Mayor/Chairman Morris at 4:11 p.m" Tuesday, July 28,2009, in
the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino,
California,
1
07/28/2009
Roll Call
Present:
Mayor/Chairman Morris; Council Members/Cornmissioners Baxter,
Shorett, Kelley, Johnson, McCarnmack; City Attorney Penman, City
Manager McNeely, City Clerk Clark.
Absent:
Council Members/Commissioners Estrada and Brinker.
1. Closed Session
Pursuant to Goyernment Code Section(s):
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdiyision (b) (I), (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 Goyernment Code Section
54956.9.
D. Closed Session - personnel - pursuant to Goyernment 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 Goyernment Code Section
54957,
F. Conference with labor negotiator - pursuant to Goyernment Code Section
54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8,
Note: The Mayor and Common Council did not consider closed session items at
this meeting.
2
07/28/2009
2. RES. 2009-274 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, authorizing the City of San Bernardino to
establish 2009-2010 expenditures for the month of August, 2009 only, at one-
twelfth the actual levels contained in the adopted budget for 2008-2009 fiscal
year, or as needed to pay the authorized costs incurred for the month of
August, 2009 only, pending final approval of the 2009-2010 budget.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Cornmissioner Shorett, that full reading be waiyed; and that said
resolution be adopted. The motion carried and Resolution No. 2009-274 was
adopted unanimously with Estrada and Brinker absent.
3, Set Budget Workshop date for FY 2009/10 budget discussions
Barbara Pachon, Director of Finance, stated that the State passed their budget and
the bad news is that 8 percent of the City's property tax was taken, which equates
to $3 million, but the good news is that they did not yote to take gas tax from
local government. She stated that the State ended up taking a little rnore from
redevelopment agencies than what was originally anticipated, and that will impact
the City.
Emil Marzullo, Economic Development Agency Interim Executiye Director,
stated that the Educational Reyenue Augmentation Fund (ERAF) hit to the
Redeveloprnent Agency budget was projected last year and this year at $2.5
million. However, with the new numbers that came out last week, an additional
$9.5 million was projected under the Supplemental Educational Reyenue
Augmentation Fund (SERAF), and those numbers haye changed to $12 million,
for a total potential hit of $14.5 million to the Redevelopment Agency. He stated
that they haye to take some measured steps, remain in contact with their state
lobbyist, and take a look at what is likely versus the potential worst case scenario,
and that's somewhere between $2,5 and $14 million.
Mayor/Chairman Morris stated that he heard that the legislature has routed ERAF
money in a different way, using different language, and that under Proposition
98, we will backfill the school budget using ERAF dollars.
Mr. Marzullo stated that the formula has been re-worked whereby the
Supplemental ERAF numbers would go to schools and would be based on average
daily attendance within schools, within RDA areas. He stated that that creates a
third dimension of having to interface with the school districts to figure out how
those numbers will work.
City Manager McNeely stated that he had previously suggested a possible date for
the budget workshop would be August 4, 2009. However, due to the fact that
3
07/28/2009
approyal of the State's budget has resulted in further significant financial impacts
to the City of San Bernardino, particularly with respect to the Redevelopment
Agency, he recommended that the budget meeting be held on August 10, 2009, at
5 p.m. in the Economic Development Agency Boardroom.
Council Member/Cornmissioner McCarnmack stated that because Council
Mernbers/Cornmissioners Estrada and Brinker were not present at today's
meeting. she requested that the matter be continued to the next regular Council
meeting, at which time a specific date and time could be selected.
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Shorett, that the matter be continued to the
Council/Cornmission meeting of August 3, 2009, The motion carried
unanimously with Estrada and Brinker absent.
4. Adjournment
At 4:24 p.m., the meeting was adjourned, The next joint regular meeting IS
scheduled for 1:30 p.m., Monday, August 3,2009.
RACHEL G. CLARK
City Clerk
BY~~
Linda Sutherland
Deputy City Clerk
4
07/28/2009
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Fred Shorett
Coos Kelley
Rikke Van Johnson
Wemry McCammack
~
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
AUGUST 3,2009
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Cornmission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:33 p,m., Monday, August 3, 2009, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
RoD Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Shorett, Kelley, Johnson, McCammack; City Attorney Penman,
City Manager McNeely, City Clerk Clark,
Absent:
Council Member/Commissioner Brinker.
Council Member/Commissioner Estrada Excused at 6:45 p.m.
Council Member/Commissioner Brinker Arrived at 7 p.m.
Council Member/Commissioner Brinker Excused at 7:30 p.m,
1 , Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Goyernment Code Section 54956,9(a):
08/03/2009
Batey v. City of San Bernardino - San Bernardino County Superior
Court Case No. 141503;
People of the State of California v, Allen, et aL - San Bernardino
County Superior Court Case No. CIVSS 818572;
San Bernardino City Unified School District v, Irnma Chacon, et aL -
San Bernardino County Superior Court Case No. CIVDS 908940;
Luisa Maravilla v. City of San Bernardino et aL - San Bernardino
Superior Court Case No, CIVSS 707097;
Loren Mesick v. City of San Bernardino - San Bernardino Superior
Court Case No, SCVSS 141527;
Ian and Dan Batey v. City of San Bernardino - San Bernardino Superior
Court Case No. SCVSS 141503;
Brady Armstron~ v. Garrett W. Zimmon et aL - San Bernardino
Superior Court Case No. CIVDS 906212,
B, Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of
Government Code Section 54956.9:
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
Human Potential Consultants, UC v. City of San Bernardino
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdiyision (c) of Government Code Section
54956.9:
City of San Bernardino v. California State University
Vickie R. Smith
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,
2
08/0312009
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.
City Attorney Penman announced that under Agenda Item No. IC, anticipated
litigation, the name of Vickie R. Smith had erroneously been listed and would
not be discussed today.
Closed Session Announcement
City Clerk Clark announced that during closed session, in the case of San Bernardino
City Unified School District v. lmma Chacon, et al. - San Bernardino County Superior
Court Case No. CIVDS 908940, Council Member/Commissioner Kelley made a
motion, seconded by Council Member/Commissioner Johnson, to waive any potential
conflict of interest in Mr. Penman representing the City in this case. The motion
carried with McCarnmack abstaining and Brinker absent.
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 Father Patricio Guillen of Libreria del Pueblo. The
pledge of allegiance was led by Shawn Ruiz, a 5th grade student from Hillside
University Demonstration School.
2. Appointments
There were no commission appointments.
3. Presentations
Mayor Morris presented Certificates of Recognition to Ronnie Bunse, Tanner
Clark, Andrew Crowley, Brandon Kinser, Justin Martinez, Wesley Meyer,
Arnulfo "Tito" Paez, Chase Phillips, Adam Quintana, Jeffrey Ricker, Aaron
Rueda, Alex Rueda, and Brandon Swanson, members of the San Bernardino
American Legion Post 14 Baseball Team for having won the California
American Legion State Baseball Tournament in Yountville last week. The team
will now advance to the regional tournament that begins on Thursday in
Fairfield, California.
3
08/03/2009
The winners of the 4th of July parade trophies were announced and awarded by
Mayor Morris and Linda and Steve Sutherland, owners of the Fun Corner, as
follows:
. Best of Theme Award went to the Inland Empire Vehicle Preservation
Association;
. The Community Spirit Award was presented to Shab EI Awar and
members of the Challengers;
. The No Boundaries Car Club and the PT Cruiser Club won the Award
for Originality; and
. The Humor Award was presented to Juan Pollo restaurants.
Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, and Trudy Freidel
announced the Festival of Faiths, an inter-faith festival to be held at 3 p.m. on
May 16,2010, at the Western Regional Little League Baseball Park.
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 Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived. The motion carried
unanimously with Brinker absent.
6. Claims & Payroll
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated July 14,
2009, from Barbara Pachon, Director of Finance, be approved. The motion
carried unanimously with Brinker absent.
4
08/03/2009
7. Personnel Actions
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the personnel actions, as submitted by the
Chief Examiner, dated July 30, 2009, 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 Brinker absent.
8. Resolutions authorizing a Master Cooperative Agreement by and between
Omnitrans, the City of San Bernardino, and the Economic Development
Agency of the City of San Bernardino for the Development of the "E" Street
Corridor sbX Rapid Transit Project.
Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City Manager to execute a Master Cooperative
Agreement by and between the City, the Economic Development Agency
and Omnitrans for the Development of the "E" Street Corridor sbX Rapid
Transit Project. (8A)
Resolution of the Community Development Commission of the City of San
Bernardino authorizing the Interim Director of the Redevelopment Agency
to execute a Master Cooperative Agreement by and between the City of San
Bernardino, the Economic Development Agency and Omnitrans for the
Development of the "E" Street Corridor sbX Rapid Transit Project. (8B)
Note: The resolutions were not distributed with the backup materials.
City Manager McNeely advised that he and City Attorney Penman believed
there were some unresolved issues relative to Agenda Item Nos. 8, 9, II, and
12 and were recommending that these items be continued.
City Attorney Penman stated there were a number of problems with this item
and requested a 30-day continuance.
Joe Ortiz, San Bernardino, CA, spoke regarding various problems with the
current Omnitrans buses such as weaving in and out and cutting traffic down to
one lane in some very high traffic areas.
Council Member/Commissioner Kelley made a
Member/Commissioner Baxter that the matter
Commission meeting of September 8, 2009.
McCammack abstaining and Brinker abseut.
motion, seconded by Council
be continued to the Council/
The motion carried with
5
08/03/2009
Council Member/Commissioner Estrada asked the City Manager to explore for
possible stimulus money for this very large, expensive, and important project.
9. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City Manager to execute a Master Services
Agreement by and between the Inland Valley Development Agency and the
City of San Bernardino for provision of City services for Fiscal Year
2009/2010.
Note: No resolution was distributed with the backup materials.
City Attorney Penman stated that 12 issues had been identified in this item that
needed more scrutiny and requested a continuance.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be continued to the Council/
Commission meeting of August 17, 2009. The motion carried unanimously
with Brinker absent.
10. RES. 2009-275 - Resolution of the City of San Bernardino objecting to the
August 2009 tax sale of properties with City assessments.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2009-275 was adopted unanimously with Brinker absent.
11. Resolution of the City of San Bernardino approving an Agreement for
Services with Bureau Veritas North America, Inc. for on-call plan review
services related to the sbX "E" Street Corridor Bus Rapid Transit Project.
Note: No resolution was distributed with the backup materials.
Staff asked for a 30-day continuance on this matter, stating that Agenda Item
No.8 needed to be approved before taking action on this resolution.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commissioner meeting of September 8, 2009. The motion carried with
McCammack abstaining and Brinker absent.
6
08/03/2009
12. Resolution of the City of San Bernardino authorizing the City Manager to
execute Agreements for Services with the firms of Aecom, AEI-CASC
Consulting, David Evans and Associates, Inc., Lim & Nascimento
Engineering Corporation, Traustech Engineers, Inc. and Willdan for on-
call civil engineering design and project management services for the
Capital Improvement Program (CIP).
Note: No resolution was distributed with the backup materials.
City Attorney Penman requested that this item be referred to the Legislative
Review Committee.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be referred to the Legislative
Review Committee. The motion carried unanimously with Brinker absent.
13. RES. 2009-278 - Resolution of the City of San Bernardino authorizing the
execution of Amendment No. 1 to agreement with LAN Engineering
Corporation to provide Civil Engineering Design Services and Project
Management Services for State Street from 16'h Street to Foothill Boulevard
- extend and construct (4) lanes of roadway (1.5 miles) to connect State
Street to Rancho Avenue (SS04-09).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-278 was adopted unanimously with Brinker absent.
14. Item deleted
15. Resolution of the City of San Bernardino amending the City's Master Fee
Schedule, Resolution 2009-122, to reflect the new hazardous material spill
fee.
Mr. Penman advised that the Fire Department had requested a two-week
continuance of this item.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be continued to the
Council/Commission meeting of August 17, 2009. The motion carried
unanimously with Brinker absent.
7
08/03/2009
16. RES. 2009-276 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Vendor
Service Agreement and the Director of Finance to issue an annual purchase
order to Cliff's Pest Control, Inc., in the amount of $50,300 for FY 09/10
pursuant to Municipal Code Section 3.04.010-B3.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2009-276 was adopted unanimously with Brinker absent.
17. RES. 2009-277 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying an increase in the amount of $24,800 to
Purchase Order No. 302921 issued to W. Wood and Associates for
additional emergency repair work related to the well pump repairs at the
soccer complex.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2009-277 was adopted unanimously with Brinker absent.
18. RES. 2009-279 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Public Services Department to apply for
technical assistance from the California Energy Commission.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2009-279 was adopted unanimously with Brinker absent.
19. RES. 2009-280 - Resolution of the City of San Bernardino ratifying the
submittal of a grant application to the Community Action Partnership of
San Bernardino County for American Recovery and Reinvestment Act
Community Services Block Grant funding in the amount of $29,475 to
supplement funding for the Senior Companion Program through June 30,
2010.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-280 was adopted unanimously with Brinker absent.
20. RES. 2009-281 - Resolution of the City of San Bernardino ratifying the
submittal of a grant application to Kaiser Permanente for funding in the
amount of $20,000 to augment the Parks, Recreation and Community
Services Department Swim Program for the 2009 summer season.
8
08/03/2009
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-281 was adopted unanimously with Brinker absent.
21. RES. 2009-282 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying submittal of the 2009/10 Used Oil and Filter
Recycling Block Grant application for grant funds from the California
Integrated Waste Management Board.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Comniissioner Johnson, that said resolution be adopted. Resolution
No. 2009-282 was adopted unanimously with Brinker absent.
22. An Ordinance of the City of San Bernardino adding San Bernardino
Municipal Code Chapter 17.06, relating to the City of San Bernardino
Water Wise Landscape Program. FIRST READING
City Attorney Penman noted that a couple of changes had been made to the
ordinance since the meeting of July 6, 2009. He stated that the final ordinance
now included language that states that a participant in the program who elects to
withdraw prior to completion may now do so by paying a fee of $100 for each
month the property was covered by the program; that making a false statement
in a program document or displaying an official program sign on property not
covered by the program are specified as misdemeanors; and the program
requires owner occupancy of the subject property to preclude the potential of
abuse of the program.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be laid over for final
adoption. The motion carried unanimously with Brinker absent.
23. RES. 2009-283 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an agreement with the City of San
Bernardino and Western Regional Little League Baseball for financial
assistance from the Civic and Promotion Fund for FY 2009-10.
Council Member/Commissioner Kelley stated that in each staff report requesting
Civic and Promotion funding he would like to see an approximate dollar amount
of the remaining fund balance once the item is approved.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-283 was adopted unanimously with Brinker absent.
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08/03/2009
24. Public Hearing - Imposing liens on property located within the City of San
Bernardino for uncollected business registration fees
RES. 2009-284 - 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 Baxter made a motion, seconded by Council
Member/Commissioner Estrada, 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. The
motion carried and Resolution No. 2009-284 was adopted unanimously with
Brinker absent.
25. Item deleted
26. Public Hearing - An Urgency Ordinance adding Area 6 to the areas
designated within the Emergency Shelter Overlay District as provided in
Development Code Section 19.10-E.020. (See related Item No. 39.)
An Urgency Ordinance adding Area 6 to the areas designated within the
Emergency Shelter Overlay District as provided in Development Code
Section 19.10-E.020, declaring the urgency thereof, and taking effect
immediately. URGENCY (26A)
Ordinance adding Area 6 to the areas designated within the Emergency
Shelter Overlay District as provided in Development Code Section 19.10-
E.020. FIRST READING (26B)
Mayor/Chairman Morris opened the hearing.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to August 17,
2009; and that Planning staff be directed to prepare an ordinance to allow
homeless facilities at 673 S. Waterman Avenue, subject to the City Attorney's
determination as to whether to proceed with a regular or urgency ordinance or
both. The vote was taken following discussion.
Valerie Ross, Director of Development Services, advised that two weeks ago
when this item was discussed, staff was looking at two different sites for a
potential facility for Human Potential Consultants (HPC). She stated that since
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08/03/2009
that time, the site on Orange Show Lane was no longer an option; however, the
site on South Waterman appeared to be a feasible site-a site not surrounded by
sensitive uses with a 9500 square foot stand-alone building, which meets the
needs of HPC. She stated that staff's recommendation is for a two-week
continuance with assistance from the City Attorney's office as to whether to
proceed with an urgency ordinance or a regular ordinance.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals, as well as those who spoke later in the discussion, that
they would provide true and honest testimony:
Joe Ortiz, San Bernardino, CA, stated that the City is at risk if there is any
indication of impropriety, and that any indication of such must be checked out.
Deborah Pole, partner in the law firm of Sidley Austin, which represents
Human Potential Consultants on a pro bono basis, stated that she was here today
with representatives of HPC, as well as Liz Roubidoux, who is HPC's real
estate agent from NAI Capitol, and Lauren Nevitt, another attorney from Sidley
Austin. Ms. Pole provided background information starting with the April 6,
2009, meeting of the Mayor and Common Council, at which time the Council
directed HPC to meet with City staff to research and identifY alternative site
locations for HPC's proposed emergency shelter. She recounted that HPC had
done just that for the past four months. Ultimately, HPC and City staff
identified two locations as the best possible alternatives to the 840 North Sierra
Way site, the subject of HPC's appeal.
Ms. Pole advised that the City Attorney's office informed HPC that the site
located at 225 West Orange Show Lane was identified as the City's top choice
in closed session on July 6, 2009. However, after extensive lease negotiations
between the owner and HPC, the owner decided not to go forward with the
deal. This last minute deterioration of the lease negotiations with the owner at
that site was unexpected. She stated that on July 20, 2009, HPC became aware
of an e-mail that was circulated among property owners and included mention of
the Mayor's office. HPC shared the contents of this e-mail with the City
Attorney's office and its staff; however, HPC did not express any allegations
against the Mayor or his staff. HPC did express its concern that such
communications could threaten the success of the four months long collaboration
with City staff to identifY an alternative location and avoid litigation, and to
explain the possibility that HPC would not have a letter of intent to lease the
West Orange Show Lane spaces.
Ms. Pole emphasized that regardless of any unresolved issues that arose between
the Mayor's office and the City Attorney in the past week, the legal issue that
was presented to this Council on March 16, 2009, on April 6, 2009, and on July
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20, 2009, and again today is unchanged-Senate Bill 2 prohibits the City from
taking discretionary action to disapprove HPC's proposed emergency shelter.
She stated that driven by its desire to work with the City to achieve the mutually
beneficial goal of opening an emergency shelter, HPC had collaborated in good
faith with City staff in a four-month long search to find an alternative to the
originally proposed North Sierra Way site. The search led them to where they
are today. The only viable alternative that HPC has identified is located at 673
South Waterman Avenue. This site is ideal for a number of reasons-it is a
stand-alone, self-contained, fenced-in site that is completely isolated from
sensitive uses. The property is contiguous to the Emergency Shelter Overlay
District and surrounding properties are zoned Industrial Light and Office
Industrial Park; and the building layout is appropriately configured for HPC's
use. Most importantly, the property owners are enthusiastic about HPC's use
and have already negotiated the terms of the lease with HPC's real estate agent,
who is available to answer any questions the Council members may have
regarding this site. After four months of scouring the city for alternative sites,
HPC and City staff have successfully identified an ideal alternative to the
originally proposed North Sierra Way site. HPC urged the Council to adopt the
Planning Department's recommendation and direct Planning staff to prepare an
ordinance to allow the site for HPC's proposed shelter at 673 South Waterman
Avenue.
Lauren Nevitt, attorney with the law firm of Sidley Austin, stated that the only
relevant legal issue before this Council relates to the City's affirmative
obligation that is mandated by Senate Bill 2; however, she was here to respond
to the controversy surrounding this item and clear up any misunderstanding that
may have occurred. She provided a summary of the events of the last couple of
weeks starting with July 6, 2009, basically reiterating the comments of Ms. Pole
and providing additional information regarding issues in which she was directly
involved. She also indicated that during this time frame she had received a copy
of the CC&Rs of the property at 225 West Orange Show Lane. (Note: The
CC&Rs were ultimately shown to contain language stating that no uses
involving overnight stays were allowed, which would have precluded HPC from
leasing this site.)
Ms. Nevitt stated that on Wednesday, July 22, the City Attorney's office
contacted her to request additional information regarding the e-mail that HPC
had sent to them the day before. She stated that they had a telephone
conversation conveying information; however, there were no allegations in that
conversation. The next time she had a conversation with the City Attorney's
office was Tuesday, July 28, and they scheduled a meeting to discuss alternative
sites. During this meeting there was no mention of the issue between the City
Attorney and the Mayor's office until the end of the meeting when Henry
Empeiio handed Liz Roubidoux a copy of the memo authored by City Attorney
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08/03/2009
Penman. Later that day Mr. Empeiio e-mailed her a copy of the memo at
approximately 3 p.m., and this was the first time that HPC had heard of any
allegations against the Mayor's office, which the City Attorney's office now
alleges that HPC instigated.
Responding to an inquiry from Council Member/Commissioner Johnson, Ms.
Nevitt confirmed that she received the CC&R's on Tuesday, July 21; and up
until that time she had never heard of them, their real estate agent was not aware
of them, and the property owners themselves did not know they existed.
City Attorney Penman entered the following document into the record:
· An Interoffice memorandum dated July 24, 2009, from Henry Empeiio
Jr. to James F. Penman regarding Human Potential Consultants, LLC
("HPC"), which he read verbatim (including attachments) into the
record.
According to Mr. Penman, when Mr. Empeiio read this correspondence from
Lauren Nevitt it concerned him because he felt, based on an Attorney General's
opinion that he had read, that it was a potential violation of the common law
prohibition against conflicts of interest.
Provided to the Council members and elected officials, but not distributed to the
public, was an Inter Office Memorandum dated July 31, 2009, from James F.
Penman to the Common Council designated Confidential - Legal Confidential
Memo No. 09-054 regarding Alleged Conflict of Interest by Mayor Morris
Relating to the Potential Site for Homeless Parolee Facility at 225 West Orange
Show Lane Related to Liability (a 22-page document with attachments).
Mr. Penman provided a lengthy, detailed oral presentation regarding this
matter. Mr. Penman stated that in his letters he took pains to point out that the
allegations regarding a possible conflict of interest by the Mayor came from
HPC and did not generate in his office. He reviewed at length the dates and
events of this matter, some of which were provided in the backup materials. He
stated that what his office does not know, and the reason his office said the
matter needs to be looked into, is that they don't have the facts to show that the
Mayor does not have a financial interest in his daughter's business. According
to Mr. Penman, if the City gets sued, allegations are going to be made, and they
(City/Council) are going to want to go forward and say, yes, we looked into that
at the time, we investigated it, and we confirmed that the Mayor did not have an
interest, so the folks suing us are mistaken about this.
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08/03/2009
Mr. Penman advised the Mayor that if he would just recuse himself from this
matter he would take away a potential argument that a person suing the City
might have. He stated he was not accusing the Mayor of having any conflict-
he was just saying that HPC had made those statements that both he and Mr.
Empeiio saw as allegations.
Mayor/Chairman Morris stated that they had heard from the folks from Sidley
Austin, and they did not make any accusations.
Mayor Morris stated that he had taken into consideration Mr. Penman's 30
pages of memoranda and his advice, he had reviewed the facts of the law-and
there is no conflict. He told Mr. Penman to do what he needed to do-to talk to
the D.A., to talk to the Attorney General-if that is what he needed to do.
Council Member/Commissioner Estrada questioned whether the City would
have a conflict by having a contract/agreement with a particular entity, if the
entity becomes involved in a matter involving another entity that the City is
trying to do business with. There appeared to be no concrete answer to this
question without knowing a lot more information about the matter.
Therefore, Ms. Estrada stated that she was not going to vote on anything until
she found out if they were jeopardizing the City of San Bernardino by doing
what they were doing.
Council Member/Commissiner McCarnmack stated she was glad HPC was no
longer considering the Orange Show Lane site, because she voted against the
Orange Show Lane project; however, her issue was that democracy had been
derailed. A vote was taken (by the Council in closed session), the Orange Show
Lane location passed, and then they came back two weeks later and were told
that the location needed to be changed. She stated that in her opinion, since
they are a legal body and they created an action and then things change, the
activity becomes suspect.
Ms. McCammack stated that because of the Mayor the change was made to a
location three-tenths of a mile from a Charter Academy and a Headstart
Elementary School; and that was unacceptable.
According to Ms. McCammack, the reality is that this city does not need
anymore parolee housing, so whether the current issue (as to whether the Mayor
has a conflict and should have recused himself) continues or not, the
conversation will still happen because she doesn't want to see anymore parolee
houses in the city.
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08/03/2009
Council Member/Commissioner Johnson noted that when they started this whole
process they had over 30 sites and narrowed it down to two sites-one on
Orange Show Lane and the other on South Waterman. Then they found out that
the site on Orange Show Lane had Conditions, Covenants, and Restrictions
(CC&Rs) prohibiting any business in that area from having anyone sleep
overnight in any of the premises. He questioned why this information did not
come out when they investigated this location.
City Attorney Penman answered that the sites were not investigated in that
manner. Planning looked at the locations in cooperation with HPC and they
tried to find sites that would not be close to residences or schools, etc. HPC,
according to Deputy City Attorney Empeiio, is the one that suggested the
Orange Show Lane site. No one knew about the CC&Rs-even the building
owner claims he did not know about the CC&Rs. He added that it was not the
City's responsibility to ferret this information out -that was the responsibility of
the entity interested in buying or leasing the property.
Commenting on the suggested motion on the agenda, Mr. Penman stated that he
would definitely not recommend an urgency ordinance at this point. He stated
that he thought they should notifY people-that they should notifY everybody
within a mile around these facilities before they approve them. He stated that he
did not think they should even do a regular ordinance at this point. He
suggested that they start from scratch, send it to the Planning Commission first,
let them act on it, let them refer it to staff for an ordinance, let the hearings take
place there and at the Council, and start letting the people in town within a mile
radius of any proposed facility, whether it be a liquor store, a convenience
store, a parolee facility, a private school-let them know up front what is being
considered.
Therefore, his recommendation would not be to bring it back for an urgency
ordinance or regular ordinance, but rather to send it back to Planning and have
them start the process and go through it and require that everybody gets notice.
Council Member/Commissioner McCarnmack made a substitute motion,
seconded by Council Member/Commissioner Estrada, to send the Waterman site
to the Planning Commission to do due diligence and notifY all property owners
within one mile of the proposed project location. The vote was taken
following discussion.
Council Member/Commisisoner Kelley stated that they should listen to the
residents and business owners surrounding these facilities, and reiterated how
detrimental this type of facility is to the City of San Bernardino-both to
residents and businesses alike.
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08/03/2009
Ms. Pole stated that HPC's proposed shelter is a homeless shelter-it is not a
parolee facility. She stated that that term can be inflammatory; and used here, it
is definitely misleading. She stated that the Waterman site that has been
discussed is not in conflict with Katie Willis, and HPC does not have a contract
with the owner of the Orange Show location, so whatever relationship she
(Katie) has with that place is of no consequence to HPC because she is not
involved in the Waterman site.
Ms. Pole stated that HPC shared with the City Attorney an e-mail that came to
their attention in an attempt to explain why we would not have a letter of intent.
The City Attorney's office staff directed them to have intense negotiations with
the owner of that site-they did not get a contract for reasons that are best
known to him. She stated that they cannot know why the City Attorney
interpreted them giving the e-mail to his office in the way that the City
Attorneys did; but from what she has heard it was not HPC nor Sidley Austin's
intent, and is still not their intent, to make any allegations regarding the Mayor.
She stated that she could only tell the Council what they said-she could not tell
them what the City Attorney heard.
She reiterated that the bottom line is, Senate Bill 2 prohibits the City from
taking discretionary action to disapprove HPC' s proposed emergency shelter. If
the City goes back to the Planning Commission, which she did not think the
City could do, HPC runs the risk of losing that site, thereby increasing HPC's
damages. They have been to the Planning Commission, they are on appeal from
the Planning Commission, and they agreed to continue their appeal because of
what the City asked them to do. They have cooperated with City staff and they
have tried to agree with the City as to what sites would be appropriate; and they
have narrowed it down to one site, and that is the Waterman site. She stated
that their agreement with the City was that they would continue the appeal until
they worked this out. If HPC has to, it would have to re-urge this appeal, and
that is something they hoped they would not have to do. They are urging the
City Council to allow City staff to look again and prepare an emergency
ordinance so that this site can be deemed appropriate.
Council Member/Commissioner McCarnmack stated that prior to searching the
30 sites, the Sierra Way site was still an option, but with conditions.
Ms. Nevitt pointed out that the City Attorney's office proposed conditions for
the North Sierra Way site which would have made the operation of a shelter at
that place infeasible; and if you impose such conditions on a site that makes
operation of a business or a shelter at that site infeasible, then you are taking
discretionary action through the approval of conditions and making that a
discretionary action to disapprove a site.
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08/03/2009
City Attorney Penman stated that the Council and City staff understand that it is
HPC's position that the conditions that the Council discussed in closed session
and directed his office to inform them of-they were not comfortable with those
conditions as far as their business plan is oncerned. But those conditions were
legal. They would have restricted HPC' s ability to place certain parolees at that
site, and that is what they objected to; but for the record, the fact that it wasn't
what they wanted in their business plan does not make it absolutely illegal.
According to Mr. Penman, that's a question of fact that a court may have to
determine.
He stated that it was the City's position that the City Council had the right to ask
for those conditions and that they could have opened a homeless shelter with
those conditions. It might have been difficult for them to open a parolee
homeless shelter, but they could have opened a homeless shelter. And they
really could have opened one with parolees, too, but there would have been
restrictions in terms of there not being sex offenders.
Liz Roubidoux, Sr. Vice President, NAI Capital, Commercial Real Estate,
stated that Councilman Johnson had raised the question regarding the CC&Rs on
Orange Show Lane, and she wanted to clarifY that. She stated that there are
recorded CC&Rs dated 2005, which do not indicate that this type of use was
prohibited. On July 20, 2009, it was found that there was a second set of
CC&Rs that were apparently drafted and adopted by the association in February
2008, which did prohibit this type of use. She stated that as far as she knew the
CC&Rs drafted in 2008 were not recorded. The property owners were not
aware of them until the matter was raised by the association and they produced
the 2008 second set of CC&Rs.
C. Patience Summers, San Bernardino, CA, spoke regarding the clients of
HPC, stating that some of them have serious records; and the possibility that
HPC intentionally pitted the City Attorney and the Mayor against each other,
knowing that there were already issues.
Roger Henderson, San Bernardino, CA, stated that he thought The Sun
newspaper owed Mr. Penman an apology-they have been very biased every
time he does smell a little smoke and wants to go after it. He told the City
Attorney to keep up the good work and thanked Ms. McCammack for doing a
good job.
The substitute motion made by Council Member/Commissioner McCammack,
seconded by Council Member/Commissioner Estrada, to send the Waterman site
to the Planning Commission to do due diligence and notifY all property owners
within one mile of the proposed project location failed. Ayes: Kelley,
McCammack. Nays: Baxter, Shorett, Johnson. Abstentions: Estrada.
Absent: Brinker.
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08/03/2009
The original motion made by Council Member/Commissioner Shorett, seconded
by Council Member/Commissioner Baxter, that the matter be continued to
August 17, 2009; and that Planning staff be directed to prepare an ordinance to
allow homeless facilities at 673 S. Waterman Avenue, subject to the City
Attorney's determination as to whether to proceed with a regular or urgency
ordinance or both failed. Ayes: Baxter, Shorett, Johnson. Nays: Kelley,
McCammack. Abstentions: Estrada. Absent: Brinker.
Council Member/Commissioner Estrada left the meeting and Council Member/
Commissioner Brinker arrived at the meeting.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that Agenda Item No. 26 be reconsidered.
The motion carried. Ayes: Baxter, Brinker, Shorett, Johnson. Nays:
Kelley, McCammack. Absent: Estrada.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to August 17,
2009; and that Planning staff be directed to prepare an ordinance to allow
homeless facilities at 673 S. Waterman Avenue, subject to the City Attorney's
determination as to whether to proceed with a regular or urgency ordinance or
both. The motion carried. Ayes: Baxter, Brinker, Shorett, Johnson.
Nays: Kelley, McCammack. Absent: Estrada.
27. Resolution of the City of San Bernardino authorizing and directing the
execution of a quitclaim deed to Camden Holdings, LLC, for vacated
Gannett Parkway, between Hallmark Parkway and Georgia Boulevard and
an adjacent storm drain easement and authorizing the acceptance of
easement for storm drainage purposes, an easement for emergency vehicle
access and an easement and right of way for sidewalk ramps and traffic
signal facilities. (Continued from July 6, 2009.)
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be tabled. The motion carried
unanimously with Estrada absent.
28. Resolution of the City of San Bernardino authorizing and directing the
execution of a Grant of Easement to Southern California Edison across City
owned property located on the northeast corner of Palm Avenue and
Irvington Avenue, known as Tom Minor Park (APN 0261-691-48)
(Continued from July 6, 2009.)
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08/03/2009
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Kelley, that the matter be continued to the council/
Commission meeting of August 17, 2009. The motion carried unanimously
with Estrada absent.
29. Resolutions approving the 2009/2010 Assessment Rolls - various Assessment
Districts. (Continued from July 6, 2009.)
RES. 2009-285 - Resolution of the City of San Bernardino confirming the
2009/2010 Assessment Roll for Assessment District No. 1016, Landscaping
Maintenance District, Coulston Street area. (29X)
RES. 2009-286 - Resolution of the City of San Bernardino confirming the
2009/2010 Assessment Roll for Assessment District No. 1017, Landscaping
Maintenance District, Pine Avenue and Kendall Drive area. (29Y)
RES. 2009-287 - Resolution of the City of San Bernardino confirming the
2009/2010 Assessment Roll for Assessment District No. 1019, Landscaping
Maintenance District, Northpark Boulevard and Mountain Drive area.
(29AA)
RES. 2009-288 - Resolution of the City of San Bernardino confirming the
2009/2010 Assessment Roll for Assessment District No. 1023, Landscaping
Maintenance District, Elm Avenue and Coulston Street area. (29DD)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolutions X, Y, AA, and DD, be
adopted. Resolution Nos. 2009-285, 2009-286, 2009-287, and 2009-288 were
adopted unanimously with Estrada absent.
30. Resolution of the City of San Bernardino approving License Agreement No.
09-37471 with the Burlington Northern Santa Fe (BNSF) Railway for
maintenance of temporary shoring under the Mt. Vernon Viaduct between
2nd Street and 4th Street (BR#54C0066). (Continued from July 20,2009.)
Council Member/Commissioner Kelley made a motion, secouded by Council
Member/Commissioner Johnson, that the matter be continued to the Council!
Commission meeting of August 17, 2009. The motion carried unanimously
with Estrada absent.
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08/03/2009
31. Fire Department Reorganization (Continued from July 20, 2009.)
Steve Brown, firefighter-paramedic with the City of San Bernardino Fire
Department, spoke in opposition to the Chief's reorganization plan, stating that
it was strongly opposed by the Department and a slap in the face of the rank and
file firefighters.
Joe Ortiz, San Bernardino, CA, spoke about the special interests of some of the
Council members-basically expressing opposition to the Chief's plan.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley that the Fire Department's Management
staff be kept as is; and that the Fire Department be directed to generate
additional revenue of $254,200 (FY 2009/10) through compliance enforcement
and the additional revenue be used to reinstate firefighter positions. The
motion failed. Ayes: Kelley, McCammack. Nays: Baxter, Brinker,
Shorett, Johnson. Absent: Estrada.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the Fire Department Reorganizatiou Plan
be implemented as outlined in Attachment A and the savings be used to balance
the FY 2009/10 budget as proposed in the budget workshops. The motion
carried. Ayes: Baxter, Brinker, Shorett, Johnson. Nays: Kelley,
McCammack. Absent: Estrada.
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Baxter,
Shorett, Kelley, Johnson, McCammack; City Attorney Penman,
Economic Development Agency Interim Executive Director Marzullo
and Agency Counsel Sabo, City Manager McNeely, City Clerk Clark.
Absent:
Council Members/Commissioners Estrada, Brinker.
R32. Joint Public Hearing - Meta Housing, Inc., Magnolia Highland, L.P.,
Disposition and Development Residual Receipts Loan Agreement (The
Magnolia at Highland Project - Northwest Redevelopment Project Area)
(Continued from July 20, 2009.)
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08/03/2009
RES. 2009-289 - Resolution of the Mayor and Common Council of the City
of San Bernardino consenting to the disposition of the Redevelopment
Agency of the City of San Bernardino's properties located on the southwest
corner of Highland Avenue and Medical Center Drive (APN's: 0143-191-38,
46 and 63) to Meta Housing, Inc. - Magnolia Highland, L.P., for the
development of 79 units of affordable senior citizen rental housing
(Northwest Redevelopment Project Area). (R32A)
RES. CDC/2009-39 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Interim Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute the 2009 Affordable Senior Citizen
Rental Housing Acquisition, Disposition and Development Agreement
("DDA") by and between the Agency and Meta Housing, Inc. - Magnolia
Highland, L.P, (Northwest Redevelopment Project Area). (R32B)
Mayor/Chairman Morris opeued the hearing.
Carey Jenkins, Director of Housing and Community Development, Economic
Development Agency, provided background information from the staff report.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
Shirley Harlan, a member of the Senior Affairs Commission, asked if the
project had been discussed with the commission, stating that this project is the
type of thing that should come before the commission and City staff is not really
utilizing many of the committees/commissions as they should.
Mr. Jenkins replied that it had not been discussed with the Senior Affairs
Commission; however, staff would be glad to make a presentation to them.
Phillip Moreno, Chair of the Northwest Redevelopment Project Area
Committee (NWPAC), stated that META Housing had met with the PAC twice;
and that the PAC approved of this project and recommended that the Council
vote for the project.
Kimiko Ford, representing San Bernardino Community Hospital, stated that the
hospital strongly endorsed the project and that they would partner with MET A
Housing to ensure success of the project.
Council Member/Commissioner McCammack stated that she completely
supported this project; however, she had concerns regarding the contract and the
grant deed. She stated that she did not feel comfortable approving documents
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08/03/2009
that had several blanks contained in them. She was also concerned about the
age requirement and whether a young person would be allowed to live in the
project.
Interim Agency Executive Director Marzullo stated that the document did state
that a qualified household has to have one person 62 years of age or older.
Ms. McCammack stated that she did not see in the document where it says that
someone under 62 cannot live in the project, which basically means anybody of
any age can live there as long as one person is 62 or older. She stated that if the
deed states what is allowed in one section, then it should say what is not allowed
in that same deed.
Mr. Jenkins asked the Council to look at Attachment 9, Agency Regulatory
Agreement, page 26, item #24, which states, "The developer shall adopt written
tenant selection policies and criteria that are consistent with the purpose of
providing housing for individuals who are at least 62 years of age and have an
income that is not more than a qualifYing tenant income. He noted that this is a
55-year regulatory agreement that will be recorded.
Mr. Sabo suggested that at the top of page 6 instead of using the word "family"
they use the word "household" so that it says, "Provided at least one member of
the household is 62 years of age or older to qualifY for permanent residence,
and households are limited to two individuals with no minor children."
Ms. McCammack stated that that language was acceptable.
Interim Agency Executive Director Marzullo added that this is the beginning of
the project-not the end-that this is the first step that gives the Agency and the
nonprofit the ability to work together. However, staff will bring these
documents back before the Council/Commision in the future for approval, and
they will be completed documents.
Council Member/Commissioner Johnson 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. 2009-289 and Community Development
Commission Resolution No. CDC/2009-39 were adopted unanimously with
Estrada and Brinker absent.
Council Member/Commissioner Baxter requested that in the future the Senior
Affairs Commission be included in the process.
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R33. City of San Bernardino and the Redevelopment Agency of the City of San
Bernardino - Adoption of a Policy regarding the distribution of tickets or
passes pursuant to the requirements of Fair Political Practices Commission
Regnlation 18944.1. (Continued from July 20,2009.)
RES. 2009-290 - Resolution of the Mayor and Common Council of the City
of San Bernardino adopting a Joint Policy with the Redevelopment Agency
of the City of San Bernardino regarding the distribution of tickets or passes
pursuant to the requirements of Fair Political Practices Commission
Regulation 18944.1. (R33A)
RES. CDC/2009-40 - Resolution of the Community Development
Commission of the City of San Bernardino adopting a Joint Policy with the
City of San Bernardino regarding the distribution of tickets or passes
pursuant to the requirements of Fair Political Practices Commission
Regulation 18944.1. (R33B)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Shorett, that said resolutions A and B, be adopted.
Mayor and Common Council Resolution No. 2009-290 and Community
Development Commission Resolution No. CDC/2009-40 were adopted
unanimously with Estrada and Brinker absent.
R34. Item deleted
R35. Contracts for Professional Services: Rosenow Spevacek Group, Inc.
(Merger and Plan Amendments) and RBF Consulting (Program EIR _
Merger and Plan Amendments)
RES. CDC/2009-4I - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Interim Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute a Contract for Professional Services by
and between the Agency and Rosenow Spevacek Group, Inc., to provide
consultant services in connection with merging certain redevelopment
project areas and plan amendments (Central City North, Southeast
Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central
City South and Central City East Redevelopment Project Areas). (R35A)
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RES. CDC/2009-42 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Interim Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute a Contract for Professional Services by
and between the Agency and RBF Consulting, to provide consultant services
in connection with the preparation of a Program Environmental Impact
Report for the proposed project areas merger and plan amendments
(Central City North, Southeast Industrial Park, Tri-City, South Valle,
Meadowbrook/Central City, Central City South and Central City East).
(R35B)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissiouer Johnson, that said resolutious A and B, be adopted.
Resolution Nos. CDC/2009-41 and CDC/2009-42 were adopted unanimously
with Estrada and Brinker absent.
R36. Waterman Holdings, LLC - Approve Defense, Indemnification and Hold
Harmless Agreement and Easement, Maintenance and Operation
Agreement (Central City East Redevelopment Project Area)
Resolution of the Mayor and Common Council of the City of San
Bernardino approving a Defense, Indemnification and Hold Harmless
Agreement between the City of San Bernardino and Waterman Holdings,
LLC, concerning real property (4th and Waterman Avenue - APN: 0135-
191-17) (Central City East Redevelopment Project Area). (R36A)
Resolution of the Mayor and Common Council of the City of San
Bernardino approving an Easement, Maintenance and Operation
Agreement between the City of San Bernardino and Waterman Holdings,
LLC, concerning real property (4th Street and Waterman Avenue - APN:
0135-191-17) (Central City East Redevelopment Project Area). (R36B)
Staff requested a two-week continuauce of this matter.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council!
Commission meeting of August 17, 2009. The motion carried unanimously
with Estrada and Brinker absent.
R37. Mobile Home Rent Board Expenditure - Appropriate Agency Low/
Moderate Housing Funds to the General Fund
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08/03/2009
RES. CDC/2009-43 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
appropriation of an amount not to exceed $44,480 from the Redevelopment
Agency of the City of San Bernardino Low and Moderate Income Housing
Funds for transfer to the City of San Bernardino General Fund for costs
associated with the procurement of an Independent Appraiser, Spanish
Translator and Hearing Officer as it relates to the proposed rent increases
for Orangewood, Hillside, Glen Aire and Pacific Palms Mobile Home
Parks.
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Baxter, that the Mayor and Common Council
of the City of San Bernardino request the appropriation of an amount not to
exceed $44,480 from the Redevelopment Agency of the City of San Bernardino
Low and Moderate Income Housing Funds for deposit to the City of Sau
Bernardino General Fund for costs associated with the procurement of an
Independent Appraiser, Spanish Translator and Hearing Officer as it relates to
the proposed rent increases for Orangewood, Hillside, Glen Aire and Pacific
Palms Mobile Home Parks; aud that the Community Development Commission
of the City of San Bernardino adopt said resolution. The motion carried and
Community Development Commission Resolution No. CDC/2009-43 was
adopted unanimously with Estrada and Brinker absent.
R38. Item deleted
PLANNING ITEMS
39. Appeal Hearing - Conditional Use Permit No. 08-21 (Appeal No. 08-07) _
Appeal of the Planning Commission's denial of a Conditional Use Permit to
convert an existing 6,747 square foot church building into a 56-bed
homeless shelter with related support facilities and office space located at
840 North Sierra Way in the RM, Residential Medium, land use district.
(Continued from July 20,2009.) (See related Item No. 26.)
The hearing was closed at the Council/Commission meeting of April 6, 2009.
Jay Lindberg, San Bernardino, CA, stated that the city needs more industry-
not more homeless shelters.
Joe Ortiz, San Bernardino, CA, stated that the majority of the homeless are
right where they want to be.
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Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be continued to the Council/
Commission meeting of August 17, 2009. The motion carried. Ayes:
Baxter, Brinker, Shorett, Johnson. Nays: Kelley, McCammack. Absent:
Estrada.
40. Public Hearing - Request for reconsideration of the denial of Conditional
Use Permit (CUP) No. 07-04 to establish a gas station, car wash, mini-mart
with Type 20 Alcoholic Beverage Control (ABC) license, 2 drive-thru
restaurants and Tentative Parcel Map (TPM) No. 19162 to create 3 parcels
on 2.1 acres at the northeast corner of Inland Center Drive and "I" Street
and Development Code Amendment (DCA) No. 08-02, an ordinance to
revise location standards for convenience stores and ABC licenses.
Note: No backup materials were submitted.
Staff had requested a two-week continuance of this item.
The hearing was not opened at this time; however, public comments were
accepted.
Joe Ortiz, San Bernardino, CA, stated that once again someone was trying to
circumvent the process to get around an established ordinance that was set up to
curtail the block-to-block liquor stores, tattoo parlors, boom box establishments,
strip clubs, etc. that were targeting our city for expansion.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be continued to the Council!
Commission meeting of August 17, 2009. The motion carried. Ayes:
Baxter, Shorett, Kelley, Johnson. Nays: McCammack. Absent: Estrada,
Brinker.
41. Set Budget Workshop date for FY 2009/10 budget discussions (Continued
from July 28, 2009.)
City Manager McNeely advised that all Council Members had been polled and
the consensus was to schedule the next budget meeting for 5 p.m., Monday,
August 10, 2009, in the Economic Development Agency Boardroom.
42. Public Comments
C. Patience Summers, San Bernardino, CA, spoke regarding the displacement
of families in the Arden Guthrie area; Operation Sunrise; and the Child
Protective Services system.
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08/03/2009
Marina Briones, San Bernardino, CA, stated that Code Compliance had told
her that she was going to be evicted and, therefore, didn't even come into her
home to inspect it.
Sir Isaac Lindsay, San Bernardino, CA, thanked Council Member
McCammack and City Attorney Penman and talked about coming together for
the people in the Arden Guthrie area-that there needs to be a proper plan for
the area.
Joe Ortiz, San Bernardino, CA, spoke regarding the actions of four Council
members relative to the budget and recent actions they took regarding budget
decisions.
Jay Lindberg, San Bernardino, CA, repeated his request for a copy of the
Executive Seismic Summary for City Hall, and stated that developers have a lot
of power in this County and he wants to make sure they don't control political
power in the City.
Shirley Harlan, San Bernardino, CA, stated that she hoped there were citizens
watching who would come down and participate in the Council meetings. She
expressed concern regarding the posturing of the Mayor and Council and the
negative effect it has on the city.
Jim Smith, San Bernardino, CA, stated that it was long overdue that we address
the problems that we have with personalities at the dais, that we have to work
on the image of the City, and encouraged more citizens to come down to the
Council meetings. He also noted that he had heard that City Attorney Penman
does not support the bicentennial being planned for 2010.
Councilwoman Wendy McCammack, speaking from the podium, stated that
she answers the calls and requests of her constituents to the best of her ability
and is often told by those callers to keep fighting the corrupt politicians. She
stated that people should be afraid when all seven votes on the Council agree
time after time after time.
City Attorney Penman, speaking from the podium, stated that the reason he
has not spoken about the bicentennial is because San Bernardino wasn't really
founded in 181O-that the valley was named in 1810 and in 1910 they
manufactured that they would celebrate the 100th anniversary-but the City was
not actually incorporated until the 1850s.
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43. Adjournment
At 8:25 p.m. the meeting adjourned to 5 p.m., Monday, August 10, 2009, in
the Economic Development Agency Boardroom to consider the Fiscal Year
2009/10 City and Economic Development Agency budgets.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for Monday, August 17, 2009.
RACHEL G. CLARK
~ity Clerk
By: c:? ~
Linda E. Hartzel
Deputy City Clerk
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