Loading...
HomeMy WebLinkAbout07-20-2009 Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayar Patrick J. Marris Council Members: Esther Estrada Dennis 1. Baxter Tobin Brinker Fred Shorett ClIas Kelley Rikke Van Johnson Wendy McCammack MINUTES MA YOR 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 Development 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/Commissioner 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 - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): 07/20/2009 Linda Williams v. City of San Bernardino, et al. - San Bernardino County Superior Court Case No. CIVSS 809402; Jennifer Walker v. City of San Bernardino, et al. - San Bernardino County Superior Court Case No. CIVSS 806544; Kenneth Kilpatrick v. 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 v. 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 v. 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) (1), (2), (3) (A-F) of Government 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 subdivision (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. 2 07/20/2009 E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 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 Community Development Commission. Moment of Silence Mayor/Chairman Morris requested a moment of silence in memory of D. Elliott Whitlock and Dr. James T. Hudson. Invocation/Pledge of Allegiance The invocation 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, Chairman of the Bicentennial Committee, stated that when the Committee was established in 2007, they took it upon themselves 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 have 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 activities in preparation for the City's Bicentennial celebration. 3 07/20/2009 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 Ruvalcaba Gwendolyn Waters Charlene Gallagher Edward Jones Erlinda Krause Janice Stowers 4. Announcements Department City Treasurer Code Enforcement Development Services Finance Police Police Police SBETA SBET A SBET A SBETA 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 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 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 Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: June 15, 2009; and June 29,2009. The motion carried unanimously. 4 07/20/2009 7. Claims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner 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 approved. 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 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. 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 al. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner 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. II . Item deleted 12. Item deleted 13. Item deleted 5 07/20/2009 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/Commissioner Baxter made a motion, seconded by Council Member/Commissioner 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 Avenue to 0.23 mile west of Pedley Road and on Third Street, from Waterman Avenue to Tippecanoe Avenue. Council Member/Commissioner Estrada inquired as to whether the Inland Valley Development Agency (IVDA) had been asked to assist the City with these costs since they are looking at beautifying the Third Street corridor from Waterman Avenue to Tippecanoe Avenue. Mayor/Chairman Morris suggested that staff coordinate with the County and IVDA relative to the possibility of an expanded partnership. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner 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/Commissioner 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. 6 07/20/2009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner 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 Administrative Analyst positions had been recommended for approval by the Personnel Committee. However, the proposed establishment of the position of Manager of Communications and the job description associated with that position were not recommended for approval 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 made a motion, seconded by Council Member/Commissioner Baxter, to approve 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; committee 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 Member/Commissioner Estrada, to approve motions I 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 Administrative 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 approved; 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. 7 07/20/2009 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that the matter 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 motion, seconded by Council Member/Commissioner Johnson, that funding be restored for the position of Council Administrative Supervisor, 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 establishment 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 received. Council Member/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 vacation of Romo Road was requested by the San Bernardino City Unified School District of 8 07/20/2009 which his wife is a member of the board. had reviewed and signed the resolution. returned after the vote was taken. He advised that Agency Counsel Sabo He left the Council Chambers and No public comments were received. Council Member/Commissioner Estrada made a motion, 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 Development 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 Resolution 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 Overlay 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 matter 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#S4C0066). (Continued from July 6, 2009) Note: No resolution was distributed with the backup materials. 9 07 /20/2009 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of August 3, 2009. The motion carried unanimously. COMMUNITY DEVELOPMENT COMMISSION R24. 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) 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/Commissioner Baxter, that the matter be continued to the Council! Commission meeting 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-06-0S20 in the principal amount equal to $8,408,558. (R2SA) 10 07/20/2009 RES. CDC/2009-3S - 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. (R2SB) 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. (R2SC) Emil Marzullo, Economic Development Agency Interim Executive 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 have been allocated through NSPI, 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 PowerPoint presentation to the Mayor and Common Council titled "NSP Overview." Mr. Marzullo stated that the Economic 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 have 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 redevelopment 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 11 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 very 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 management 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 availability of resources. So, for that reason, they did not recommend leveling the whole neighborhood and getting rid of all the four-plexes, but instead they have recommended stabilizing the neighborhood first by acquiring what they could with the NSP funds and putting it under single ownership and reverting the multiple 25 lots that are there now to two single parcels, two condominium 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 have spent almost $30 million dealing with that problem in Arden Guthrie I, which is the neighborhood to the north. This neighborhood has cycled twice in the last 20 years where the City made some valiant efforts-they did some very comprehensive policing, they put in rehab money, they made 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 smart 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 Community Development) (Marston)," and provided an overview of the information contained therein. Mr. Marzullo stated that they are offering a comprehensive solution for a serious and complex 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 have 20 percent Set-Aside Funds and they have NSP funds, and those are the only sources of real money that he has to address this problem in a comprehensive way. However, the NSP money comes with a 25 percent requirement of dollars to address 50 percent Area 12 07/20/2009 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 overall 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 have similar problems and they will recommend the use of those federal monies wherever they have 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 remove the blight, stabilize declining neighborhood values, reduce the calls for service, 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've been in existence for 19 years and they own properties in Orange County, Riverside County, and in San Bernardino County. They work very 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 income 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 devoted exclusively to affordable housing. They are very "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 management. They have interior and exterior inspections, they have a crime-free addendum, they provide educational programs which are designed to enhance self-sufficiency and they have references to social services, educational programs, and have programs relative to utility 13 07/20/2009 discounts. This is their mission, 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, recommended 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 believes 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 Enforcement 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 whatever decision the Council makes. 14 07/20/2009 The following individuals spoke in opposition to the project: Joe Arnett, San Bernardino, CA; Lawrence Hebron, Highland, CA; Darrel 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 live in the area to work in the area and he pays them because when you get the people who are there to be involved in the community they take more pride in it and they want to be there. He stated that a lot of these people would not qualify 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 have been several 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 vacant, if it's trashy, if it has mold, asbestos, and/or lead, either have it razed or use preemptive 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 have the economy to sustain it, you are not going to stabilize those communities. 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 more 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 living and retiring there. Council Member/Commissioner McCammack 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 satisfy the 25 percent requirement of this money and would provide more home ownership in the City. She stated that she would rather have 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 homes and turn 57 families from renters into home owners. She stated that she did not want to give all this money to one vendor 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 have 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-income 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 money you have 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 comes 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 evenly around the City so that each ward has an opportunity to rehab, refurbish, and/or save a foreclosed home 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, 2009) (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 improving 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/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/Commission meeting 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 Item 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-06-0S20. (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 activities 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/Commissioner 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 from July 6, 2009) 18 07/20/2009 The hearing was closed at the Council/Commission meeting of April 6, 2009. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/Commission meeting of August 3, 2009. The motion carried unanimously. 30. Public Comments No public comments were received. 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 Common Council/ Community Development 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