HomeMy WebLinkAbout09-21-2009 Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Palrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Fred Shorett
Chas Kelley
Rikke Van Johnson
Wen<(y McCammack
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MINUTES
MA YOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
SEPTEMBER 2 I, 2009
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and the Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:58 p.m., Monday, September 21, 2009, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Brinker, Shorett, Kelley; City Attorney Penman; City Manager McNeely;
City Clerk Clark.
Council Members/Commissioners Baxter, Johnson, McCammack.
Absent:
Council Member/Commissioner McCammack arrived at 3:11 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):
Michael Garland v. State of California and John McQuarter - San
Bernardino Superior Court, Case No. SCVSS 144135.
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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:
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
Human Potential Consultants, ILC v. City of San Bernardino
C. Conference with legal counsel - anticipated litigation - lmtlatlon of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. California State University
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code Section
54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
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.
Invocation/Pledge of Allegiance
The invocation was given by Eddie Kelley, Elder with the Living Faith Gospel Church.
The pledge of allegiance was led by Josiah Kisling, a 5th grade student at Inghram
Elementary School.
2. Appointments - Martha Munoz - Board of Fire Commissioners - Council
Member Johnson
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the appointment of Martha Munoz to the
Board of Fire Commissioners, as requested by Council Member Johnson, be
approved. The motion carried unanimously with Baxter and Johnson absent.
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3. Presentations
Kenny Rogers, Executive Director of the Governor's Council on Physical Fitness
and Sports, presented a $10,000 check to Kevin Hawkins and Glenda Robinson of
the City's Parks, Recreation and Community Services Department in recognition
of the Westside Steppers Drill Team and Drum Squad who received the Gold
Medal Parks and Recreation Spotlight A ward for the Parks and Recreation
Program of the Year. A brief performance by the Westside Steppers Drill Team
and Drum Squad followed the presentation.
Council Member/Commissioner Kelley presented the Student of the Month Award
to Brittany Green, an 8th grade student at Cesar Chavez Middle School.
Council Member/Commissioner Shorett presented a certificate of recognition to
Jesse Jacobs who recently attained the rank of Eagle Scout and provided the
homeless people in the community with hygiene kits to enhance the quality of
their lives and to let them know that there are people who care about them.
Council Member/Commissioner Shorett presented a certificate of recognition to
Police Officer Marci Atkins in recognition of her 15 years of dedicated service to
the community and for outstanding leadership as demonstrated through her
mission to provide the homeless members of the community with resources and
hope for a better future.
Mayor/Chairman Morris presented a proclamation designating September 23,
2009, as National Job Corps Day in the City of San Bernardino to Linda Stull,
Director of the Inland Empire Job Corps.
Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, stated that he had
hoped Dr. Skip Herbert would have been present to announce one of their
projects; however, he was unable to attend the meeting. Rabbi Hillel Cohn
explained that a coloring book had been developed that will feature pictures of
historic buildings in the City of San Bernardino and will be used in third and
fourth grade classes. He stated that their new website is SanBernardino200. org.
An update on the City Manager's graffiti initiative was presented to the Mayor
and Common Council by City Manager McNeely and Police Chief Kilmer
followed by a question and answer session.
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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
Elveida Tayor
Robert McClelland II
Gerald Mohney
Ann Kassel-Wilkes
Laurel Drumm
Ramon Rocha III
Roxana Velasco
4. Announcements
Department
City Clerk
Fire
Fire
Parks, Recreation and
Community Services
Police
Police
Police
Years of Service
20
20
35
20
5
25
25
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 Brinker made a motion, seconded by Council
Member/Commissioner Shorett, 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 with
Baxter and Johnson absent.
6. Council Minutes
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, 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: August
10,2009; and August 17, 2009. The motion carried with Baxter and Johnson
absent.
7. Claims & Payroll
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated August 31, 2009, from
Barbara Pachon, Director of Finance, be approved. The motion carried with
Baxter and Johnson absent.
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8. Personnel Actions
No personnel actions were submitted.
9. RES. 2009-321 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing Amendment No. 1 to the Facility Lease dated
April 15, 2006 by and between the City of San Bernardino and the California
Infrastructure and Economic Development Bank.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution No.
2009-321 was adopted with Baxter and Johnson absent.
10. ORD. MC-1314 - An Ordinance of the City of San Bernardino adding San
Bernardino Municipal Code Chapter 9.58, relating to the use of private
surveillance equipment. FINAL READING (Continued from September 8,
2009)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said ordinance be adopted. Ordinance No.
MC-1314 was adopted with Baxter and Johnson absent.
11. RES. 2009-322 - Resolution of the Mayor and Common Council of the City
of San Bernardino amending Resolution No. 2009-148 and extending the time
for execution of an agreement with Nexus I.S. for the equipment
maintenance of the City's telephone system for the Facilities Management
Department.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution No.
2009-322 was adopted with Baxter and Johnson absent.
12. Establish salaries - Police Department Ranges P-I, P-2, P-3 & Law
Enforcement Trainee, effective August I, 2009
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the salaries for Police Department Ranges
P-l (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant) and Law
Enforcement Trainee be established, effective August 1, 2009; that the Human
Resources Department be authorized to amend Resolution No. 6429 to reflect the
above action; and that the Director of Finance be authorized to amend the FY
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2009/10 budget by increasing the Police Department General Fund Budget for
Charter 186 costs by transferring $639,300 from the General Government
Budget, Account No. 001-092-5011, and also make the appropriate adjustments to
the various Police grants as allowed by the grants for the Charter 186 costs. The
motion carried with Baxter and Johnson absent.
13. Authorize the Director of Finance to amend the Parks, Recreation and
Community Services FY 2009/10 budget
Council Member/Commissioner Shorett requested that this matter be continued
due to some inaccuracies he discovered in the backup.
Council Member/Commissioner McCammack requested that the item not be
delayed because it was the height of soccer season.
Council Member/Commissioner Shorett agreed with going forward, but stated
that he wanted to discuss the matter with all the parties involved.
City Manager McNeely stated that he would like to follow up by bringing the
issue back to the full Council so they are fully informed of any inaccuracies.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the Director of Finance be authorized to
amend the Parks, Recreation and Community Services FY 2009/10 budget and
transfer $25,000 from Soccer Complex Landscape Contracts (Account No. 134-
462-5506) to the Soccer Complex Miscellaneous Equipment (Account No. 134-
462-5704), and $5,000 from Soccer Complex Salaries/Full time (Account No.
134-462-5011) to the Soccer Complex Miscellaneous Equipment (Account No.
134-462-5704). The motion carried with Baxter and Johnson absent.
14. Item deleted
15. RES. 2009-323 - 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 $200,000 with four (4) one-year extensions
at the City's option to Advanced Sewer Technology for the cleaning and video
inspection of sewer main lines.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution No.
2009-323 was adopted with Baxter and Johnson absent.
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16. RES. 2009-324 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement and issuance of
a Contract Purchase Order in the amount of $2,544,397 with four (4) one-
year extensions at the City's option to Matich Corporation for street paving
services for mill and overlay projects.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2009110 CIP budget as
outlined in the staff report from Acting Director Randy Kuettle, dated September
15, 2009. Resolution No. 2009-324 was adopted with Baxter and Johnson
absent.
17. RES. 2009-325 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying submittal of renewal Local Incentive Award
Grant Application and authorizing the City Manager to execute a Standard
Agreement with the California Department of Health Services for a Network
for Healthy California (Network) Grant in the amount of $93,805 for a one-
year period - October 1, 2009 through September 30, 2010.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2009-325 was adopted with Baxter and Johnson absent.
18. Request for Refund of Fees - Lutheran Church of Our Savior
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council approve a
fee refund of $5,080.62. The motion carried with Baxter and Johnson absent.
19. Authorization to proceed with site development planning prior to the
placement of a modular unit at Al Guhin Park and to amend the FY 2009/10
budget
Public Comments:
Mary Solis, San Bernardino, CA.
Lynette Kaplan, San Bernardino, CA.
Kevin Mitchell, San Bernardino, CA.
Hank Mitchell, San Bernardino, CA, submitted into the record a document
titled, "Verdemont Specific Infrastructure Master Plan, City of San Bernardino,
5th Ward, proposed by Hank Mitchell and Larry Heasley, September 2008."
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City Manager McNeely stated that this portion of the project covered the design
and the initial steps for the modular unit, but the staffing issue would have to be
finalized.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the Director of Development Services
be authorized to proceed with issuing a Request for Proposals for site
development planning prior to the placement of a modular unit at Al Guhin Park;
and that the Director of Finance be authorized to amend the FY 2009/10 budget
by appropriating $300,000 from Fund No. 208 (Verdemont Improvement) to
Account No. 208-687-5504-7743 "PR04-28: Verdemont Community Center."
The motion failed. Ayes: Estrada, Kelley, McCammack. Nays: Brinker,
Shorett. Absent: Baxter, Johnson.
20. Public Hearing - An ordinance amending Chapter 19.22, Sign Regulations, of
the San Bernardino Municipal Code (Development Code)
An Ordinance of the City of San Bernardino amending Chapter 19.22, Sign
Regulations, of the San Bernardino Municipal Code (Development Code),
including approval of an electronic message center sign for the Hospitality
Business District. FIRST READING
Mayor/Chairman Morris opened the hearing.
Terri Rahhal, Deputy Director/City Planner, Development Services Department,
stated that the ordinance would update and clarify the City's sign regulations and
would include a proposal for an electronic message center sign for the Hospitality
Business District. However, just by amending the Code to provide for an
electronic message center sign at this location, it would not approve an actual sign
at the location and that a conditional use permit application would be required to
go through the Planning Commission as well as a license agreement that would
have to be approved by the Council.
Another major element of the proposal is to provide for on-site electronic signage
using the new LED and LCD media that are available. This would also require
the Planning Commission Design Review process for sites to incorporate
electronic signage and at the same time would bring up to current standards all of
the signs on the proposed site and preclude future use of temporary signs, which
would not be needed if there is changeable message copy available.
The last element is the potential to convert existing permitted freeway-oriented
billboards to an electronic format with some provisions that no size increase shall
be permitted and that any electronic sign shall be located at least 1000 feet from
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09/21/2009
any other electronic sign, existing or permitted, and that such a sign would also
go through the conditional use permit process.
On July 29, 2009, the Planning Commission considered the proposal and voted
unanimously to recommend that the Mayor and Common Council approve
Development Code Amendment No. 09-01.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following that he would provide true and honest testimony.
Public Comments:
Gary Quiel, San Bernardino, CA, supported approval of the item.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Shorett, that the hearing be closed; and that said
ordinance be laid over for final adoption. The motion carried with Baxter,
Johnson and McCammack absent.
21. Resolutions authorizing a Master Cooperative Agreement by and between
Omnitrans, the City of San Bernardino, and the Redevelopment Agency of
the City of San Bernardino for the development of the "E" Street Corridor
sbX Rapid Transit Project (Continued from September 8, 2009)
RES. 2009-326 - 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 among the City of San Bernardino, the
Redevelopment Agency and Omnitrans for the development of the "E" Street
Corridor sbX Bus Rapid Transit Project.
RES. CDC/2009-55 - Resolution of the Community Development Commission
of the City of San Bernardino authorizing the Interim Executive Director of
the Redevelopment Agency of the City of San Bernardino to execute a Master
Cooperative Agreement by and among the City of San Bernardino, the
Agency and Omnitrans for the Development of the "E" Street Corridor sbX
Bus Rapid Transit Project.
Council Member/Commissioner McCammack declared a conflict because
Omnitrans is a business client. She left the Council Chambers and returned after
the vote was taken.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that said resolutions A and B, be adopted.
Mayor and Common Council Resolution No. 2009-326 and Community
Development Commission Resolution No. CDC/2009-55 were adopted with
McCammack abstaining and Baxter and Johnson absent.
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22. RES. 2009-327 - Resolution of the City of San Bernardino approving an
Agreement for Services with Bureau Veritas North America, Inc. to provide
on-call plan review services for the sbX "E" Street Corridor Bus Rapid
Transit Project. (Continued from September 8, 2009)
Council Member/Commissioner McCammack declared a conflict because
Omnitrans is a business client. She left the Council Chambers and returned after
the vote was taken.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted. Resolution No.
2009-327 was adopted with McCammack abstaining and Baxter and Johnson
absent.
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 September 8, 2009)
Staff requested a two-week continuance.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be continued to the Council/
Commission meeting of October 5, 2009. The motion carried with Baxter and
Johnson absent.
24. Item deleted
25. Water Wise Program Permit Process
Susan Lien Longville made a Power Point presentation to the Mayor and Common
Council and urged homeowners to participate in the program. No formal action
was taken on this item.
26. An Urgency Ordinance and a Non-Urgency Ordinance of the City of San
Bernardino adding San Bernardino Municipal Code Section 19.06.026
(Development Code) prohibiting the establishment and operation of medical
marijuana dispensaries and other similar uses
ORD. MC-1315 - An Urgency Interim Ordinance of the City of San
Bernardino adding San Bernardino Municipal Code Section 19.06.026
(Development Code) prohibiting the establishment and operation of medical
marijuana dispensaries and other similar uses, declaring the urgency thereof,
and taking effect immediately. URGENCY
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09121/2009
An Ordinance of the City of San Bernardino adding San Bernardino
Municipal Code Section 19.06.026 (Development Code) prohibiting the
establishment and operation of medical marijuana dispensaries and other
similar uses. FIRST READING
Public Comments:
Jay Lindberg, San Bernardino, CA.
Sam Clauder, San Bernardino, CA.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said urgency ordinance A, be adopted; and
that the Development Services Department initiate a Development Code
Amendment to add Section 19.06.026 to the Development Code; and that said
ordinance B, be referred to the Planning Commission for a recommendation.
Ordinance No. MC-1315 was adopted with Baxter and Johnson absent.
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Brinker, Shorett, Kelley, McCammack; Sf. Assistant City Attorney
Wilson; Economic Development Agency Interim Executive Director
Marzullo and Agency Counsel Sabo; City Clerk Clark.
Absent:
Council Members/Commissioners Baxter, Johnson.
R27. Public Hearing - Relocation Plan and Replacement Housing Plan (5th Street
and Meridian Avenue Project)
RES. CDC/2009-56 - Resolution of the Community Development Commission
of the City of San Bernardino approving and adopting the Relocation Plan
and Replacement Housing Plan for displaced residents and businesses related
to the 5th Street and Meridian A venue Project.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the hearing be closed; and that said
resolution be adopted. Resolution No. CDC/2009-56 was adopted with Baxter
and Johnson absent.
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R28. Resolution of the Commuuity 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 Homelessness Prevention and Rapid Re-Housing Program Agreement by
and between the Agency and Inland Temporary Homes for homelessness
prevention services. (Continued from September 8, 2009)
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner McCammack requested that staff provide the
Council with documents similar to the ones provided for Agenda Item No. R27.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Kelley, that the matter be continued to the Counci1/
Commission meeting of October 5, 2009. The motion carried with Baxter and
Johnson absent.
R29. Prepaid postage fees for the California Theatre of the Performing Arts semi-
annual performance brochures
Council Member/Commissioner McCammack asked if local vendors had been
invited to do this work and requested a list of the bidders.
Council Member/Commissioner Estrada requested that staff provide the Council
with a budget and expenditure report for both last year and the coming year
relative to the money-making portion of the venture.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the Community Development Commission
of the City of San Bernardino authorize and approve the Redevelopment Agency
of the City of San Bernardino ("Agency") to pay the amount of $46,410 to the
U. S. Postal Service for the brochures postage fee for Agency advertising of
performances at the California Theatre of the Performing Arts. The motion
carried with Estrada voting "no" and Baxter and Johnson absent.
R30. Neighborhood Housing Services of the Inland Empire ("NHSIE") annual
update of program activities for the Fiscal Year ending June 30,2009
Council Member/Commissioner McCammack
Neighborhood Housing Services is a business
Chambers and returned after the vote was taken.
declared a conflict because
client. She left the Council
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09/2112009
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Brinker, that the Community Development Commission
of the City of San Bernardino receive and file the annual update of program
activities provided by the Neighborhood Housing Services of the Inland Empire.
The motion carried with McCammack abstaining and Baxter and Johnson
absent.
R31. RES. CDC/2009-57 - Resolution of the Community Development Commission
of the City of San Bernardino, California, approving a Professional Services
Agreement with Catherine F. Feher and authorizing execution thereof,
providing for grant and program development consultant services on behalf
of the Redevelopment Agency of the City of San Bernardino.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. CDC/2009-57 was adopted with Baxter and Johnson absent.
R32. Designating the City of San Bernardino as a Recovery Zone under the
American Recovery and Reinvestment Act of 2009
RES. 2009-328 - Resolution of the Mayor and Common Council of the City
of San Bernardino designating the City of San Bernardino as a Recovery
Zone for purposes of Sections 1400U-l, 1400U-2 and 1400U-3 of the Internal
Revenue Code of 1986.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2009-328 was adopted with Baxter and Johnson absent.
R33. CMB Infrastructure Investment Group III, L.P. - Loan Agreement for a
$15,000,000 loan under the EB-5 Program
Resolution of the Community Development Commission of the City of San
Bernardino authorizing that certain Redevelopment Agency of the City of
San Bernardino Tax Exempt Promissory Note Series 2009 (CMB
Infrastructure Investment Group III, L.P.) in the amount not to exceed
$15,000,000, approving the form of legal documents related thereto and
authorizing and directing preparation, execution and delivery of the final
form thereof.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. The motion
failed. Ayes: Brinker, Shorett. Nays: Estrada, Kelley. Abstentions:
McCammack. Absent: Baxter, Johnson.
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R34. RES. CDC/2009-58 - 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 certain Sub-Recipient Agreement by and
between the Agency and Affordable Housing Solutions of San Bernardino
and delegating property acquisition responsibilities in furtherance of the
administration and management for the use of City of San Bernardino
Neighborhood Stabilization Program ("NSP") Funds in accordance with the
Housing and Economic Recovery Act of 2008.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. CDC/2009-58 was adopted with Baxter and Johnson absent.
PLANNING ITEMS
35. 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
August 17, 2009)
Mayor/Chairman Morris opened the hearing.
Valerie Ross, Director of Development Services, stated that on August 17, 2009,
staff brought forward an alternative location for the emergency shelter on
Waterman Avenue. That motion did not pass, which resulted in the Council
having to consider an appeal of the Planning Commission's denial to use the site
on Sierra Way for an emergency shelter. She stated that staff's recommendation
was that the appeal be granted subject to the conditions of approval that had
previously been discussed with Human Potential Consultants (HPC).
Deputy City Attorney Empefio stated that the City Attorney's office had received
a nine page letter from HPC' s attorneys protesting 11 out of the proposed 34
conditions of approval recommended by staff. These 34 conditions had been
previously provided in writing in draft form to HPC and their attorneys back in
April 2009.
Mr. Empefio stated that a meeting was held with HPC and their attorneys to
discuss the conditions of approval. HPC noted that they had objections to several
of the conditions and they said that they were going to provide a written response
to those conditions; however, the City Attorney's office had not received any
written response from them until today. Mr. Empefio requested a two-week
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09/21/2009
continuance in order to analyze the conditions, but more importantly, to create a
further dialogue with HPC and their attorneys because some of HPC's concerns
may be resolvable.
Lauren Nevitt, Attorney with Sidley Austin, LLP, representing HPC, stated that
they had received draft conditions at the April 16 meeting. They went through
each condition and raised their objections to the City Attorney's office and then at
that meeting they decided to go forward with an alternative site search, which is
why they came before the Mayor and Council several times over the past five
months. She stated that they had verbal objections to the conditions, but it wasn't
until Thursday afternoon when she received a copy of the conditions attached to
the staff report that they had ever seen these conditions in any final form. She
stated that they do not agree to the continuance as this matter has been continued
11 times now, the last time being August 17, 2009, and they would like a final
decision.
Public Comments:
Jay Lindberg, San Bernardino, CA, supported approval of the item.
Shirley Harlan, San Bernardino, CA, supported approval of the item.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of October 5, 2009. The motion carried with Baxter and
Johnson absent.
36. Public Comments
Betty J. Long, San Bernardino, CA, spoke regarding the theft of personal
property .
Evelyn Alexander, President of the Del Rosa Neighborhood Action Group,
better known as DR NAG, San Bernardino, CA, spoke regarding the Council's
behavior.
Jane Sneddon, San Bernardino, CA, gave kudos to the Public Service Academy
for the clean-up efforts they provided during the Route 66 Rendezvous.
Joe Ortiz, San Bernardino, CA, gave a political speech in support of Jim Penman
for Mayor.
Jay Lindberg, San Bernardino, CA, spoke regarding solar energy.
C. Patience Summers, San Bernardino, CA, spoke regarding Operation Phoenix.
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Sam H. Clauder, San Bernardino, CA, presented his idea that the City offer
internet service in order to generate additional revenue.
Shirley Harlan, San Bernardino, CA, spoke about the interaction of the Mayor
and Council and how it impacts the City.
Emil Marzullo, Interim Executive Director, Economic Development Agency,
San Bernardino, CA, provided additional information regarding Agenda Item No.
R29.
Jim Penman, San Bernardino, CA, declared his position on several past City
issues.
NB 1. Report of registered sex offender working at the Church of the Nazarene
near the campus of the central Operation Phoenix facility and the Soar
School Academy
Council Member/Commissioner Kelley stated that he had received a copy of a
memo at the beginning of the meeting that he believed was an issue that arose
after the posting of the agenda. He stated that it was a memo marked
"Confidential," from Keith L. Kilmer, Chief of Police, regarding an incident that
happened at the Soar Academy in and around the Operation Phoenix area.
Council Member/Commissioner Kelley stated that perhaps the matter should be
referred to the Ways and Means Committee, but he wanted to be able to discuss
this issue-he just wasn't sure what the process was.
City Attorney Penman advised Councilman Kelley that he could discuss it as part
of his announcements, he could ask that it be referred to Ways and Means, or he
could ask that it be considered as an agenda item where the need to take action
arose after the agenda was posted.
Mayor/Chairman Morris suggested that the matter be referred to the Ways and
Means Committee and brought back to the Council at a future date.
Council Member/Commissioner McCammack recommended that the matter be
discussed and that action be taken today. She read into the record the memo
dated September 2, 2009, addressed to Teri Baker, Assistant to City Manager,
from Keith L. Kilmer, Chief of Police, regarding PC 290 Registrant working at
the Church of the Nazarene.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the matter arose subsequent to the
posting of the agenda. The motion carried with Baxter and Johnson absent.
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Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that they temporarily suspend that center
until Pastor Rhone can either ban Mr. Hoyt from the premises, or until they can
move that particular Operation Phoenix facility. No vote was taken.
Issues raised and discussed at length by members of the Council and staff relative
to registered sex offender, Jason John Hoyt, included possible interaction with
children and staff, lack of communication with members of the Council and the
City Attorney, the City's civil liability, the public notification process, and the
criminal investigation.
Council Member/Commissioner McCammack made an amended motion,
seconded by Council Member/Commissioner Kelley, that they either demand that
the pastor not allow the parishioner to come back to the church ever, or they will
stop paying rent there. No vote was taken.
Council Member/Commissioner McCammack clarified her amended motion,
seconded by Council Member/Commissioner Kelley, that Pastor Rhone be
advised that he may not have Mr. Hoyt or any other registered sex offender on
his premises at any time, and if he can't agree to that then the City will stop
paying rent to him and will find another location for that Operation Phoenix
center. The motion carried with Baxter and Johnson absent.
37. Adjournment
At 9:50, the meeting adjourned. The next joint regular meeting of the Mayor and
Common Council/Community Development Commission is scheduled for 1:30
p.m., Monday, October 5, 2009.
RACHEL G. CLARK
City Clerk
B~~ / .J~--d;;h~d -/
Linda Sutherland
Deputy City Clerk
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