HomeMy WebLinkAbout10-05-2009 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 Shorett
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
OCTOBER 5, 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 1:39 p.m., Monday, October 5, 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,
Baxter, Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney
Penman; City Manager McNeely; City Clerk Clark.
Absent:
None.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a):
Mary Gomez v. So. Cal. Reg. Rail Authority - San Bernardino County
Superior Court, Case No. CIVSS 804560;
Keluin Troupe v. City of San Bernardino, et al. - San Bernardino
County Superior Court, Case No. CIVDS 912104;
10/05/2009
Timothy Weisenberger, et al. v. City of San Bernardino - San
Bernardino County Superior Court, Case No. SCVSS 134901.
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, 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
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:
sth Street & Meridian Avenue Project
I. Property Address: 2683 West 5th Street, San Bernardino
APN: 0142-522-09
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as Buyer and Abel Martinez, as
Owners.
Under Negotiation: Purchase price, terms, and conditions.
2
10/05/2009
2. Property Address: 2669 West 5th Street, San Bernardino
APN: 0142-522-10
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as Buyer and Jose & Martha
Ramirez, as Owner.
Under Negotiation: Purchase price, terms, and conditions.
3. Property Address: 2642 West 5th Street, San Bernardino
APN: 0142-522-13
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as Buyer and Francisco Huesca, as
Owner.
Under Negotiation: Purchase price, terms, and conditions.
4. Property Address: 2670 West 5th Street, San Bernardino
APN: 0142-522-15
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as Buyer and Chau Nguyen, as
Owner.
Under Negotiation: Purchase price, terms, and conditions.
5. Property Address: 2694 West 5th Street, San Bernardino
APN: 0142-522-17
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as Buyer and Mary Do, as Owner.
Under Negotiation: Purchase price, terms, and conditions.
6. Property Address: 2618 West 5th Street, San Bernardino
APN: 0142-522-26
3
10/05/2009
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as Buyer and Ryan Rangel, as
Owner.
Under Negotiation: Purchase price, terms, and conditions.
7.
Property Address:
2619 West 5th Street, San Bernardino
APN: 0142-522-38
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as Buyer and Gilbert Badillo, as
Owner.
Under Negotiation: Purchase price, terms, and conditions.
8.
Property Address:
2638 West 5th Street, San Bernardino
APN: 0142-522-41
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as Buyer and Ismael Mendoza &
Gilbert Badillo, as Owners.
Under Negotiation: Purchase price, terms, and conditions.
9.
Property Address:
2632 West 5th Street, San Bernardino
APN: 0142-522-42
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as Buyer and Ismael Mendoza &
Gilbert Badillo, as Owners.
Under Negotiation: Purchase price, terms, and conditions.
City Attorney Penman announced that one un-named case would be discussed in
closed session under Agenda Item No. IB, anticipated litigation, significant
exposure to litigation.
4
10/05/2009
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.
Moment of Silence
A moment of silence was observed in memory of Dr. Jerry Taurek, Leroy J. Fischer,
and Richard "Dick" Messer.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Mark Winick of the Spiritual Care Office at St.
Bernardine's Medical Center. The pledge of allegiance was led by Mia Lopez, a 5th
grade student from Kendall Elementary School.
2. Appointments
There were no commission appointments.
3. Presentations
Mayor Morris presented a proclamation designating this week as Fire
Prevention Week in the City of San Bernardino to Fire Marshall Doug Dupree.
Mayor Morris presented a Certificate of Recognition to Bonnie Woodrome,
Community Resource Specialist with First 5 for their generous donation of
books, and issued a proclamation designating October 8, 2009, as Jumpstart's
"Read for the Record Day" in the City of San Bernardino.
Council Member/Commissioner Johnson presented a Citizen of the Month
award to A. Majadi in recognition of his work with the City's youth.
Mayor Morris was joined by Kevin Hawkins, Director of Parks, Recreation and
Community Services, to unveil a sign presented to the City by KaBOOM!
designating San Bernardino as a "Playful City" in recognition of the five
playgrounds that have been built by KaBOOM! throughout the city.
Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, introduced
committee member Beverly Bird, who announced the Bicentennial presentation
of the musical production "Legend of the Arrowhead" to be held February 17 &
18, 2010, to be sponsored by the Economic Development Agency and directed
by Jason James.
5
10/05/2009
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.
6. Council Minutes
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, 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:
September 8, 2009. The motion carried unanimously.
7. 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 September
16, 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 Johnson, that the personnel actions, as submitted by the
Chief Examiner, dated October 1,2009, 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. 2009-329 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement with the San
Bernardino Symphony Orchestra for the promotion of Arts and Culture.
6
10/05/2009
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2009-329 was adopted unanimously.
10. ORD. MC-I316 - 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. FINAL READING (Continued
from September 21,2009)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be adopted. Ordinance
No. MC-1316 was adopted unanimously.
11. Establish salaries for Police Department Ranges P-4, P-S, P-6 & P-7,
effective August I, 2009
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the salaries for Police Department Ranges
P-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Police Chief), and P-7 (Police
Chief) be established, effective August I, 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 2009/10
budget by increasing the Police Department General Fund Budget for Charter
186 costs by transferring $123,700 from the General Government Budget,
Account No. 001-092-5011, to the appropriate Police Department Divisions'
budget accounts and also make the appropriate adjustments to the various Police
grants as allowed by the grants. The motion carried unanimously.
12. Establish salaries for Fire Department Ranges P-I, P-2, P-3 & P-4,
effective August I, 2009
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that salaries for Fire Department Ranges P-l
(Firefighter), P-2 (Paramedic), P-3 (Fire Engineer), and P-4 (Fire
Investigator/Captain) 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 2009/10 budget by increasing the Fire Department General Fund Budget for
Charter 186 costs by transferring $611,500 from the General Government
Budget, Account No. 001-092-5011. The motion carried unanimously.
7
10/05/2009
13. Establish salaries for Fire Department Ranges P-S, P-6 & P-7, effective
Augnst 1, 2009
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the salaries for Fire Department Ranges P-
5 (Battalion Chief), P-6 (Deputy Fire Chief), and P-7 (Fire Chief) 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 2009110 budget by
increasing the Fire Department General Fund Budget for Charter 186 costs,
transferring $74,300 from the General Government Budget, Account No. 001-
092-5011. The motion carried unanimously.
14. RES. 2009-330 - Resolution of the City of San Bernardino authorizing the
City Manager of San Bernardino to execute the Crossing Guards Service
Agreement with the Rialto Unified School District for the operation of the
school crossing guard program at Myers Elementary School and Kelley
Elementary School by the Police Department.
Council Member/Commissioner Brinker declared a conflict because he IS
employed by the Rialto Unified School District.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2009-330 was adopted with Brinker abstaining.
15. RES. 2009-331 - Resolution of the Mayor and Common Council to enter
into a contract for crossing guard services with all City Management
Services for two crossing guards at Belvedere Elementary School and to
enter into an agreement with the San Manuel Band of Serrano Mission
Indians for payment of crossing gnard services through the SDF Grant.
Council Member/Commissioner McCammack declared a conflict because San
Manuel is a business client.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2009-331 was adopted with McCammack abstaining.
8
10/05/2009
16. RES. 2009-332 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of a grant application to the
Corporation for National and Community Service for the Retired Senior
Volunteer Program (RSVP) and accepting the amount of $S7,41S for the
period of October 1, 2009 through September 30,2010.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-332 was adopted unanimously.
17. Ordinance amending San Bernardino Municipal Code Chapter 2.S6 -
Elections. FIRST READING
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said ordinance be laid over for
final adoption. The motion carried unanimously.
18. Reclassify Soccer Complex Manager to Deputy Director of Parks,
Recreation & Community Services
Public Comments:
Joe Ortiz, San Bernardino, CA.
Charles Greenwood, City of San Bernardino employee.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that one (1) Soccer Complex
Manager, Range 500, $5,374 - $6,532 per month, be reclassified to Deputy
Director of Parks, Recreation and Community Services (U), Range 600, $8,850
- $10,757 per month; that the Director of Finance be authorized to retroactively
compensate the reclassified employee as of July 1, 2009; that the Human
Resources Department be authorized to update Resolution Number 97-244; and
that the Director of Finance be authorized to amend the FY 2009110 budget to
reflect these actions. The motion carried with Brinker and Shorett voting
"no."
19. RES. 2009-333 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement with the San
Bernardino - Tachikawa Sister Cities Committee for the promotion of Arts
and Culture.
Council Member/Commissioner McCammack made
Council Member/Commissioner Brinker, that said
Resolution No. 2009-333 was adopted unanimously.
a motion, seconded by
resolution be adopted.
9
10/05/2009
20. Public Hearing - An Urgency Ordinance amending the San Bernardino
Municipal Code (Development Code) regarding the Emergency Shelter
Overlay District
ORD. MC-I317 - An Urgency Ordinance amending and extending
Ordinance No. MC-1290, an Urgency Ordinance of the City of San
Bernardino amending San Bernardino Municipal Code (Development Code)
Section 19.02.0S0, 19.08.020, Table 08.01, adding Chapter 19.10-E,
amending Section 19.06.020, Table 06.01, designating the areas within the
Emergency Shelter Overlay District, declaring the urgency thereof, and
taking effect inunediately. URGENCY
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that said
urgency ordinance be adopted. Ordinance No. MC-I317 was adopted with
McCammack voting "no."
21. 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 September 21,
2009)
Note: No resolution was distributed with the backup materials.
Staff requested a continuance.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of October 19, 2009. The motion carried
unanimously.
22. Authorization to proceed with site development planning prior to the
placement of a modular nnit at Al Guhin Park; and authorizing the
Director of Finance to amend the FY 2009/10 budget by appropriating
$300,000 from Fund No. 208 (Verdemont Improvement) to Account No.
208-687-SS04-7743 "PR04-28: Verdemont Community Center."
10
10/05/2009
Concern was expressed by some Council members that a funding source had not
been identified for staffing costs, and that there are other park facilities in the
City that are "ready to go" but have been shuttered because there are no funds
for staffing.
Public Comments:
Lynette Kaplan, San Bernardino, CA.
Hank Mitchell, San Bernardino, CA.
It was suggested that this project could be used as a pilot program for other
areas in the city. City Manager McNeely stated this was something that could
be discussed at a retreat.
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 2009110
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 carried with Brinker and Shorett voting
"no."
23. Rescind actions taken against the Church of the Nazarene
Council Member/Commissioner Johnson stated that there were three reasons for
rescinding the previous action taken against the Church of the Nazarene.
. The registered sex offender in question has relocated to another city.
. This issue was investigated by multiple agencies with each one coming to
the conclusion that the offender was in compliance with all laws .
. Because it was the wrong action to take.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Council rescind the motion approved at
the September 21, 2009 meeting of the Mayor and Common Council which
required 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 that if he can't
agree to that, the City will stop paying rent to him and will find another location
for that Operation Phoenix Center. The vote was taken following public
comments and discussion.
11
10/05/2009
The following individuals expressed support for the churches and for
rescinding the action taken against the Church of the Nazarene:
Pastor Joshua Beckley, read into the record and submitted a memorandum
dated 10/5/09 addressed to the Mayor and Common Council, City of San
Bernardino, California, from the Clergy of San Bernardino regarding the
Ultimatum Issued 9121109, with 47 local clergy and 7 from the Inland Empire
signing in support of the memorandum.
Pastor David Rhone, Sr., Church of the Nazarene, San Bernardino, CA.
Rabbi Hillel Cohn, San Bernardino, CA.
Rev. Robin Hyde, Cornerstone Church of the Nazarene, San Bernardino, CA.
Rev. Sandy Tice, San Bernardino, CA.
James Tate, San Bernardino, CA.
Rev. Dennis Morgan Brown, San Bernardino, CA.
Pastor Sam Clauder, San Bernardino, CA.
Larry Singleton, San Bernardino, CA.
Pastor David Kalke, San Bernardino, CA.
Michelle Freeman, San Bernardino, CA.
Dr. Felix Roger Jones III, Redlands, CA.
Pastor T. Elliott, San Bernardino, CA.
Pastor Ray Turner, San Bernardino, CA.
Kim Carter, San Bernardino, CA.
Mike Hartley, San Bernardino, CA.
Jay Lindberg, San Bernardino, CA.
Timothy Prince, San Bernardino, CA.
Barbara Babcock, San Bernardino, CA.
Shirley Harlan, San Bernardino, CA.
Stephen Pardy, San Bernardino, CA.
Karen Milum, Director, Pacific Justice Institute, Yucaipa, CA
The following individuals expressed opposition to rescinding the actions
taken against the Church of the Nazarene:
Ruben Lopez, San Bernardino, CA.
Paul Sanborn, San Bernardino, CA.
Joe Ortiz, San Bernardino, CA.
C. Patience Summers, San Bernardino, CA.
Rose Loya, San Bernardino, CA.
Ron Coats, San Bernardino, CA.
Amelia Lopez, San Bernardino, CA.
Roger Henderson, San Bernardino, CA.
Philip Lee, San Bernardino, CA.
12
10/05/2009
The following individuals also commented:
Lou Costello, San Bernardino, CA.
Jerry Moya, San Bernardino, CA.
City Attorney Penman responded to the public comments.
Council Member/Commissioner McCammack made a substitute motion,
seconded by Council Member/Commissioner Kelley, that all City contractors
and those they may employ or otherwise engage (including volunteers, etc.) or
those who shall be permitted on the premises by the contractor, must be
submitted to Human Resources and submit to a background check (i.e., Life
Scan) and successfully screened prior to being permitted at facility(ies)
subsidized with taxpayers' money.
Council Member/Commissioner Brinker stated he was not sure he was
comfortable with the substitute motion-that he thought it needed to go to
committee. He added that he thought the committee should not only discuss a
policy for screening contractors and their workers/volunteers, but should also
discuss the development and codification of a process for notifying Council
members of information. Council Member/Commissioner Estrada expressed
support for referring the matter to committee.
Council Member/Commissioner McCammack amended her substitute motion
to state that the Mayor and Council refer to committee discussion regarding
a policy that all City contractors and those they may employ or otherwise
engage (including volunteers, etc.) or those who shall be permitted on the
premises by the contractor, must be submitted to Human Resources and submit
to a background check (i.e., Life Scan) and successfully screened prior to being
permitted at facility(ies) subsidized with taxpayers' money. There was no
second to the amended motion.
The substitute motion made by Council Member/Commissioner McCammack,
seconded by Council Member/Commissioner Kelley, that all City contractors
and those they may employ or otherwise engage (including volunteers, etc.) or
those who shall be permitted on the premises by the contractor, must be
submitted to Human Resources and submit to a background check (i.e., Life
Scan) and successfully screened prior to being permitted at facility(ies)
subsidized with taxpayers' money failed by the following vote: Ayes:
Estrada, Kelley, McCamrnack. Nays: Baxter, Brinker, Shorett, Johnson.
13
10/05/2009
Council Member/Commissioner Brinker amended the original motion (made by
Johnson, seconded by Baxter), seconded by Council Member/Commissioner
Shorett, that the Council rescind the motion approved at the September 21, 2009
meeting of the Mayor and Common Council which required 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 that if he can't agree to that, the City will stop
paying rent to him and will find another location for that Operation Phoenix
Center; and that an apology be issued to the Church of the Nazarene and Pastor
Rhone. The motion carried with Kelley and McCammack voting "no."
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Shorett, that the process for screening individuals
working at facilities subsidized with taxpayer monies and the development and
codification of a process for informing/notifying Council members of
information be referred to the Legislative Review Committee. The motion
carried unanimously.
24. Item deleted
25. RES. 2009-33S - Resolution of the City of San Bernardino adopting the six-
year Capital Improvement Program (2009-2015) for Measure "I" local
expenditures.
Council Member/Commissioner Brinker advised that he lived within 500 feet of
Project SS06-102 listed on Exhibit A, and Council Member/Commissioner
McCammack stated that she had a business client connected to Project SS 10-07
listed on Exhibit A. It was the consensus of staff to remove those two items
from Exhibit A and add them to Exhibit C.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted with Exhibits A
and B, with the removal of Projects SS06-102 and SS10-07 from Exhibit A.
The motion carried and Resolution No. 2009-33S was adopted unanimously.
Council Members/Commissioners Brinker and McCammack left the Council
Chambers and returned after the vote was taken.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted with Exhibit C,
with the addition of Projects SS06-102 and SS10-07 to Exhibit C. The motion
carried with Brinker and McCammack absent.
14
10/05/2009
26. RES. 2009-336 - Resolution of the City of San Bernardino adopting the five-
year Capital Project Needs Analysis (2010-201S) for Measure I 2010-2040
expenditures.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2009-336 was adopted unanimously.
27. RES. 2009-334 - Resolution of the Mayor and Common Council of the City
of San Bernardino acknowledging and honoring the SOth Anniversary of the
Sister Cities relationship between Tachikawa, Japan, and the City of San
Bernardino, California, and reaffirming our continued commitment to this
most rewarding Sister Cities relationship.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-334 was adopted unanimously.
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Shorett, Kelley, Johnson, McCammack; Sr. Assistant
City Attorney Wilson; Economic Development Agency Interim
Executive Director Marzullo and Agency Counsel Sabo; City Clerk
Clark.
Absent:
None.
R28. RES. CDC/2009-S9 - 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 Homelessness Prevention and Rapid
Re-Housing Program Agreement by and between the Agency and Inland
Temporary Homes for homelessness prevention services. (Continued from
September 21,2009)
Council Member/Commissioner McCammack reminded Mr. Marzullo that he
was going to obtain a resume for Inland Temporary Homes for the Commission
members.
Council Member/Commissioner Estrada wanted to see language incorporated
into the document that the individuals must maintain the rental property.
15
10/05/2009
Council Member/Commissioner McCammack stated that she would like to see
priority given to those who are on the verge of homelessness-not for helping
the chronic homeless.
Agency Counsel Sabo suggested that the following language be added to the end
of the first bullet point in Section 2 on page 3: "... provided that each
participant be required to adequately maintain such rental property. "
He also suggested that a new bullet be added to Section 2 on page 3, stating:
"Target families who are identified on a property basis the criteria for which
shall be agreed upon with Agency staff within thirty (30) days after the date of
this Agreement."
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted, with language
added to the Program Agreement as provided by Agency Counsel Sabo. The
motion carried and Resolution CDC/2009-S9 was adopted unanimously.
R29. Veronica Tam & Associates, LLC - Professional Services Agreement for
consultant services
RES. CDC/2009-60 - 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 Professional Services Agreement by
and between the Agency and Veronica Tam & Associates, LLC for
professional consultant services.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
CDC/2009-60 was adopted unanimously.
PLANNING ITEMS
30. 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 September 21,2009)
The hearing remained open.
16
10/05/2009
Terri Rahhal, Deputy Director/City Planner, Development Services, provided
background information. She stated that ultimately staff had been asked to make
a final recommendation on the appeal for the site at 840 North Sierra Way. She
stated that staff presented a staff report to the Council at their meeting of
September 21, which included a recommendation to grant the appeal and
approve the conditional use permit for a shelter facility at the 840 North Sierra
Way location with conditions of approval.
She advised that the appellant had submitted a letter asking for 11 of the
conditions of approval to be amended, and staff had made revisions to all 11 of
the conditions that they had asked to be amended. She indicated there was a set
of revised conditions of approval and revised final findings for approval of the
project distributed for today's meeting. She stated, however, that staff had not
heard back from the appellant, formally, on their reaction to the final
recommended conditions.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following that they would provide true and honest testimony.
Public Comments:
Jay Lindberg, San Bernardino, CA, questioned how you would make a shelter
a profitable entity.
Shirley Harlan, San Bernardino, CA, stated that it's not so much where the
project is located but the element of the homeless. She suggested that the City
establish some kind of policy so they can move forward in a more progressive
way on this subject.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the hearing be closed; and that the
Mayor and Common Council grant the appeal and approve Conditional Use
Permit No. 08-21 based on the recommended revised Findings of Fact and
subject to the recommended revised Conditions of Approval. The vote was
taken after discussion.
Council Member/Commissioner Brinker asked whether SB2 requires the City to
provide the applicant with a location that has a building that meets their
specifications, or whether the City is only required to provide areas of
designated land.
Deputy City Attorney Empefio answered that the City is just required to provide
land on which a non-discretionary permit can be granted to establish an
emergency shelter.
17
10/05/2009
Mr. Brinker stated that he believed the City had adequate possibilities in the
overlay district, so he could not support this item.
The motion made by Council Member/Commissioner McCammack, seconded
by Council Member/Commissioner Kelley, failed. Ayes: Johnson,
McCammack. Nays: Estrada, Baxter, Brinker, Shorett, Kelley.
Following a brief closed session, Council Member/Commissioner McCammack
made a motion, seconded by Council Member/Commissioner Johnson, that the
Mayor and Council reconsider Agenda Item No. 30. The motion carried with
Brinker voting "no."
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the hearing be closed; and that
the Mayor and Common Council grant the appeal and approve Conditional Use
Permit No. 08-21 based on the recommended revised Findings of Fact and
subject to the recommended revised Conditions of Approval. The motion
failed. Ayes: Johnson, McCammack. Nays: Estrada, Baxter, Brinker,
Shorett, Kelley.
Lauren Nevitt, Attorney with Sidley Austin, LLP, representing Human Potential
Consultants, LLC, stated that this item had been continued 11 times, and the
Council must either vote to approve or vote to deny. She stated that she had
received the revised conditions; however, they did not address the majority of
HPC's objections as explained in her letter of September 21,2009.
She stated that at this time, HPC renews its objections to the conditions-that
such onerous conditions would make development of the emergency homeless
shelter infeasible and violate California Government Code Section 65589.5(d).
City Attorney Penman stated that his interpretation of what he had heard HPC
counsel say, is that if the Council approves the conditions, they are so onerous
and they (HPC) will not be able to do the project.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the Mayor and Council
reconsider Agenda Item No. 30. The motion carried with Brinker and
Shorett voting "no."
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the hearing be closed; and that the
Mayor and Common Council grant the appeal and approve Conditional Use
Permit No. 08-21 based on the recommended revised Findings of Fact and
subject to the recommended revised Conditions of Approval. The motion
carried with Estrada, Brinker, and Shorett voting "no."
18
10/05/2009
R31. CMB Infrastructure Investment Group III, L.P. - Loan Agreement for a
$IS,OOO,OOO loan under the EB-S Program
RES. CDC/2009-61 - 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 $IS,OOO,OOO, approving the form of legal
documents related thereto and authorizing and directing preparation,
execution and delivery of the final form thereof.
Council Member/Commissioner Estrada expressed concern that the Commission
will not be specific enough when they identify what this money will be used for.
Public Speakers:
Jay Lindberg, San Bernardino, CA.
Richard Sierra, San Bernardino, CA.
Council Member/Commissioner McCammack stated she would abstain because
one of the potential vendors is a business client.
Emil Marzullo stated that if it was the Commission's preference, they could
bring an item forward to adopt a policy similar to the City's local contractor
preference policy.
Council Member/Commissioner Estrada requested a list of approximate costs of
the listed projects.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. CDC/2009-61 was adopted with Estrada voting "no" and McCammack
abstaining.
32. Public Comments
James McNair, San Bernardino, CA.
Rebecca Wilson, San Bernardino, CA.
Kimberly McNair, San Bernardino, CA.
Pastor Owusu Hodari, San Bernardino, CA.
T. Kenya Tapscott, San Bernardino, CA.
Kim Carter, San Bernardino, CA.
Zaheva Knowles, Director and Attorney for Time for Change.
Jay Lindberg, San Bernardino, CA.
Jevoni Robinson, San Bernardino, CA.
19
10/05/2009
C. Patience Summers, San Bernardino, CA.
Barbara Babcock, San Bernardino, CA.
Joe Ortiz, San Bernardino, CA.
Larry Singleton, San Bernardino, CA.
Clinton Winson, San Bernardino, CA.
James Penman, San Bernardino, CA.
Shirley Harlan, San Bernardino, CA.
33. Adjournment
At 10: 16 p.m. the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for Monday, October 19, 2009.
RACHEL G. CLARK
City Clerk
By: ~ H~~fJ4;J
Deputy City Clerk
20 10/05/2009