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HomeMy WebLinkAbout11-17-2008 Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Pairick J. Morris Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Neil Derry Chas Kelley Rikke Von Johnson Wendy McCammack ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 17, 2008 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:34 p.m., Monday, November 17, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney Penman, Interim City Manager Weinberg, City Clerk Clark. Absent: None. Council Member/Commissioner Derry excused at 6 p.m. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Manta Manalolement v. City of San Bernardino, U.S. Supreme Court Docket No. 08-325; 1 11/17/2008 People v. City of San Bernardino/Georlole N. Voss, et al. - San Bernardino Superior Court Case No. CIVSS 811831. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Public Counsel Law Center/Human Potential Community LLC v. City of San Bernardino Inland Communities Corp. v. City of San Bernardino (Paradise Hills) Two (2) cases California Aviation Services, Inc. v. City of San Bernardino California State University contract for Police Consultant C. Conference with legal counsel - anticipated litigation - ImtlatlOn of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. California State University D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property Address: 450 North "E" Street APN: 0134-121-24 Nelolotiatinlol Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Scott Bailey on behalf of CinemaStar Luxury Theaters, Inc. 2 11/17/2008 2. 3. 4. Under Nelolotiation: Property Address: Nelolotiatinlol Parties: Under Nelolotiation: Property Address: Nelolotiatinlol Parties: Under Nelolotiation: Property Address: Nelolotiatinlol Parties: Under Nelolotiation: Terms and conditions of possible lease amendment and assignment of lease. 450 North "E" Street APN: 0134-121-24 Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Moctesuma Esparza, CEO and Founder, on behalf of Maya Cinemas. Purchase price, conditions. terms and 2695 West 5th Street, San Bernardino APN: 0142-522-08 Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Colleen Choisnet on behalf of Deutsche Bank National Trust Co. 2006 Purchase price, conditions. terms and 2639 West 5th Street, San Bernardino APN: 0142-522-35 Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Brad Jennings on behalf of Carrington Mortgage Series 2006-Nc3 Purchase price, conditions. terms and 3 11/17/2008 5. Property Address: Nelolotiatinlol Parties: Under Nelolotiation: 6. Property Address: Nelolotiatinlol Parties: Under Nelolotiation: 7. Property Address: Nelolotiatinlol Parties: Under Nelolotiation: 2633 West 5th Street, San Bernardino APN: 0142-522-36 Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Michael Novak-Smith on behalf of Fremont Investment & Loan Purchase pnce, conditions. terms and 2625 West 5th Street, San Bernardino APN: 0142-522-37 Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Gary Tatar on behalf of GMAC Mortgage, LLC Purchase pnce, conditions. terms and 2682 West 5th Street, San Bernardino APN: 0142-522-16 Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Pete Nyiri on behalf of Deutsche Bank Trust Co. Americas Purchase price, conditions. terms and Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. 4 11/17/2008 Invocation/Pledge of Allegiance The invocation was given by Father Barnabas Laubach of St. Bernardine's Medical Center. The pledge of allegiance was led by Christian Haro, a student at Anderson School. 2. Appointment - Armando James Gonzales - Board of Building Commissioners - Council Member Brinker Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner McCammack, that the appointment of Armando James Gonzales to the Board of Building Commissioners, as requested by Council Member Brinker, be approved. The motion carried unanimously. 3. Proclamations & Presentations Rubelio Berganza, the number one student in a class of 708 seniors at San Gorgonio High School with a 4.91 GPA, was presented a commendation and recognized as Student of the Month by Council Member/Commissioner McCammack. The following individuals were presented a service pin award by Mayor Morris in recognition of their many years of dedicated service to the City: Name Cynthia Buechter Jessica Farrell Kenneth Mosteller Sharlene Williams William Beaumont Arthur Figueroa Gary McCafferty Mitchell Assumma Department City Clerk Code Enforcement Facilities Management Facilities Management Fire Fire Fire Parks, Recreation & Community Services Police Police Police Police Public Services Years of Service 25 5 20 20 25 35 25 5 Dale Blackwell William Harps Brian Koerner Pamela Rodriguez George Newlin 30 30 20 20 35 Special presentations were made by Mayor Morris and members of the Common Council to outgoing Council Member Neil Derry honoring him for his services to the City, followed by refreshments in the lobby. 5 11/17/2008 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried unanimously with Derry absent. 6. Council Minutes Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: October 20, 2008. The motion carried unanimously with Derry absent. 7. Claims & Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated October 16, 2008, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously with Derry absent. 8. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the personnel actions, as submitted by the Chief Examiner, dated November 13, 2008, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried unanimously with Derry absent. 6 11/17/2008 9. Approve Local Appointments List per Maddy Act Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council approve the Local Appointments List of all regular and ongoing boards, commissions, and committees and direct that the City Clerk send a copy of the List to the Feldheym Library for posting pursuant to Government Code Section 54973. The motion carried unanimously with Derry absent. 10. RES. 2008-423 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a Tolling Agreement between the City of San Bernardino and the County of San Bernardino concerning property tax administration fees, and rescinding Resolution 2008-396. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-423 was adopted unanimously with Derry absent. 11. RES. 2008-431 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order to Government Outreach for the subscription to the Citizen Relationship Management Software Service. Council Member/Commissioner Estrada expressed concern regarding the solvency of the company and requested staff to fmd out how long the other cities using this same company have been doing so. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-431 was adopted unanimously with Derry absent. 12. RES. 2008-424 - Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A Resolution... prohibiting parking upon certain designated streets, alleys, or portions thereof..." to establish a no parking except by pennit at any time zone on the east side of Lorna Avenue between Citrus Street and one-hundred sixty five feet south of Lynwood Drive. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-424 was adopted unanimously with Derry absent. 7 11/17/2008 13. RES. 2008-425 - Resolution of the City of San Bernardino approving Amendment No. 2 to correct three-year Capital Improvement Program for FY 2007-2010 for Measure "I" local expenditures. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-425 was adopted unanimously with Derry absent. 14. RES. 2008-426 - Resolution of the City of San Bernardino authorizing execution of Amendment No. 1 to a Cooperative Agreement (County Contract No. 07-451) between the City of San Bernardino and the County of San Bernardino for pavement rehabilitation on Cajon Boulevard from 0.22 miles northwest of Palm Avenue to 0.05 Iniles northwest of Rex Cole Road (SS07-06). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-426 was adopted unanimously with Derry absent. 15. RES. 2008-427 - Resolution of the Mayor and Common Council of the City of San Bernardino recognizing the San Bernardino Police Management Association as the majority representative for the Police Management Unit. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-427 was adopted unanimously with Derry absent. 16. Item deleted 17. RES. 2008-428 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the purchase of Crimeview Community web- based crime mapping services from the Omega Group of San Diego, California. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-428 was adopted unanimously with Derry absent. 18. RES. 2008-429 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the purchase of an automated license plate reader system for the San Bernardino Police Department from PIPS Technology of Knoxville, Tennessee. 8 11/17/2008 Kris Robinson of PIPS Technology made a video presentation regarding the automated license plate reader system. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-429 was adopted unanimously with Derry absent. 19. Salary increase for the position of Food Service Supervisor II in the Senior Nutrition Program Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council authorize an increase for the salary for the Senior Nutrition Food Service Supervisor II from a flat rate of $19.56 per hour to $24.56 per hour effective 07/01/08; and authorize the Human Resources Department to update Resolution 2008-20 to reflect said changes. The motion carried unanimously with Derry absent. 20. Budget amendment to fund Police helicopter services through December 31, 2008 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Finance be authorized to amend the FY 2008-09 adopted budget by appropriating $92,650 from unallocated Measure Z funds to Account No. 001-223-5502 to provide helicopter services through December 31, 2008. The motion carried unanimously with Derry absent. 21. RES. 2008-430 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the subInitta1 of the application for Waste Tire Enforcement Grant Funds from the California Integrated Waste Management Board. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-430 was adopted unanimously with Derry absent. 22. Item deleted 23. RES. 2008-432 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to apply for the California Gang Reduction, Intervention and Prevention (CALGRIP) Grant. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-432 was adopted unanimously with Derry absent. 9 11/17/2008 24. Reclassification of Disaster Management Coordinator to Emergency Services Manager Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the Disaster Management Coordinator (U), Range 4510, $5,649-$6,867, be reclassified to Emergency Services Manager (U), Range 4550, $6,896-$8,383; and that the Human Resources Department be authorized to update Resolution No. 6429 to reflect this action. The motion carried unanimously with Derry absent. 25. Approval of the FY 2007/2008 Continuing Appropriations and Encumbrance Carryovers into FY 2008/2009 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that the FY 2007/2008 Continuing Appropriations and Encumbrance Carryovers into FY 2008/2009 be approved. The motion carried unanimously with Derry absent. 26. Receive and me the FY 2007/2008 Year End Report and the FY 2008/2009 First Quarter Budget Report Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the FY 2007/2008 Year End Report and the FY 2008/2009 First Quarter Budget Report be received and filed. The motion carried unanimously with Derry absent. 27. Public Hearing - Resolution establishing the fees and rates to be charged for the collection of refuse, green wastes and recyclables RES. 2008-433 - Resolution of the Mayor and Common Council of the City of San Bernardino establishing the fees and rates to be charged for the collection of refuse, green wastes and recyclables, and repealing Resolution 2004-239. Mayor/Chairman Morris opened the hearing. City Clerk Clark administered an oath to the following individual that she would provide true and honest testimony: Cathy Mallon, 1296 West 31" Street, San Bernardino, CA, expressed concern that the notification and supporting documents provided to the residents lacked the statistical information necessary for the consumer to actually perform the mathematical calculations to make an informed decision-that specific details 10 11/17/2008 were omitted. She asked for a defmition of the following items: 1) $686,000 landfill tipping fee; $191,000 for internal service; $668,000 for debt service. Ken Fischer, Director of Public Services, advised that after the trash is collected it is taken to the landfill for dumping, and each time a load is dumped it is called tipping and the County charges the City a certain fee for each load that is tipped. He explained that the City owned and operated a landfill in the '50s, which closed in 1960. However, the City must still maintain that property-there are state and federal laws that require the City to cap that landfill, to install monitoring wells and a gas collection system, and to treat that gas so it does not escape as greenhouse gas into the atmosphere. He stated that the $2.447 million that the City has spent over the last four years was to comply with those legal requirements-not to use the property as a dump. Mr. Fischer stated that the $668,000 for debt service is for the new equipment that has been acquired over the last couple of years-35 new pieces of equipment that cost approximately $300,000 a piece, which were bought over an extended period of time. The internal service amount of $191,000 is what the City pays for the services provided to the Integrated Waste Division- information technology assistance, Workers' Compensation, risk management cost, telephone support-things of that nature. City Clerk Clark stated that Don Shackelford, Director of Finance for the Water Department, had advised that as of 11 a.m. this morning staff had received 19 confirmed San Bernardino addresses or assessor parcel numbers out of 71,050 or 2.7 one-hundredths of one percent in opposition. In addition, there were 7 unconfirmed San Bernardino addresses or assessor parcel numbers, for a total of 26 objections out of 71 ,050 or 3.7 one-hundredths of one percent. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2008-433 was adopted. Ayes: Estrada, Baxter, Brinker, Johnson, McCammack. Nays: Kelley. Absent: Derry. 28. Public Hearing - Review Sewer Rate Study 2008 and Adopt Resolution RES. 2008-434 - Resolution of the City of San Bernardino fIXing and establishing charges for services and facilities furnished by the City sewerage collection and treatment system located within and outside the incorporated territory of the City, and repealing Resolution 2004-124. Mayor/Chairman Morris opened the hearing. 11 11/17/2008 No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2008-434 was adopted. Ayes: Estrada, Baxter, Brinker, Johnson, McCammack. Nays: Kelley. Absent: Derry. 29. Discussion and possible action concerning calling a special election to fill a vacancy that will occur in the 4th Ward Council seat (Continued from October 20, 2008) Council Member/Commissioner Estrada asked whether there would be voter education if the Council decided to conduct the election by an all mail ballot. City Clerk Clark answered in the affirmative, adding that in addition to educating the public there would be one polling place in the Fourth Ward and the voters could also go to either the City Clerk's office or the Registrar of Voters' office to cast their votes. Council Member/Commissioner Baxter noted that if the election is conducted in the traditional manner it would cost approximately $111,000 versus $39,000 for an all-mail ballot election. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the City Clerk and City Attorney's Office proceed with preparing the required resolution(s) to call for a special election to be held in the 4th Ward on Tuesday, March 17, 2009, and that such election be conducted by all-mail ballot; and that the appropriate resolution(s) be placed on the December 1, 2008 agenda of the Mayor and Common Council. The motion carried unanimously with Derry absent. 30. Request for continuance for Tentative Tract No. 14112 - located northeasterly of the intersection of Foothill Drive and Sterling Avenue (Continued from May 19, 2008) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be tabled due to the approval of the Final Map for Tentative Tract No. 14112 at the October 20, 2008 meeting of the Mayor and Common Council. The motion carried unanimously with Derry absent. 12 11/17/2008 COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack; City Attorney Penman, Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo, City Clerk Clark. Absent: Council Member/Commissioner Derry. R31. Joint Public Hearing - Watennan Holdings, LLC - Amendment No.4 to the 2004 Disposition and Development Agreement (Central City East Redevelopment Project Area). (Continued from November 3,2008) Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of certain real property by the Redevelopment Agency of the City of San Bernardino ("Agency") to Waterman Holdings, LLC (4th and Watennan Avenue - APN: 0135-191-17) (Central City East Redevelopment Project Area). (R31A) Resolution of the Community Development ComInission of the City of San Bernardino approving the sale of certain real property by the Redevelopment Agency of the City of San Bernardino ("Agency") to Waterman Holdings, LLC, and authorizing the Interim Executive Director of the Agency to execute Amendment No. 4 to the 2004 Disposition and Development Agreement, as amended, between the Agency and Waterman Holdings, LLC (4th Street and Waterman Avenue - APN: 0135-191-17) (Central City East Redevelopment Project Area). (R3IB) The hearing remained open. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/Commission meeting of December 15, 2008. The motion carried unanimously with Derry absent. R32. Public Hearing - Consenting to the approval of the issuance of Health Care Revenue Bonds for fmancing the Acquisition of licensed health care facilities by Mountain Shadows Support Group, Inc. RES. 2008-435 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the issuance of health care revenue bonds for the purpose of financing the acquisition of licensed health care facilities by Mountain Shadows Support Group, Inc. 13 11/17/2008 R33. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner McCammack remarked that the staff report indicated that 25787 Mesa Court was in the Seventh Ward, but she did not think that was correct-that possibly it could be in the County or a County pocket recently annexed. Doug Cook, Succession Planning Group, stated that based on their research with both the City and the County, this address was in the City. He added that it was his understanding that if the Council approved the information as presented and it turns out that it is in the County, the only disadvantage would be to the Planning Group because they would have to go back to the County and get their approval in addition to that of the City. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2008-435 was adopted unanimously with Derry absent. Following the vote, City Attorney Pemnan advised that in looking at the map it appeared that Mesa Court may be in the Fourth Ward. Joint Public hearing - Maya Cinemas North Disposition and Development Agreement Redevelopment Project Area) America, Inc. - 2008 (Central City North Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of certain real property by the Redevelopment Agency of the City of San Bernardino ("Agency") to Maya Cinemas North America, Inc. ("Developer") (450 North "E" Street - APN: 0134-131-24,25,26,27 and 28) (Central City North Redevelopment Project Area). (R33A) Resolution of the Community Development ComInission of the City of San Bernardino approving the sale of certain real property by the Redevelopment Agency of the City of San Bernardino ("Agency") to Maya Cinemas North America, Inc. ("Developer"), and authorizing the Interim Executive Director of the Agency to execute the 2008 Disposition and Development Agreement by and between the Agency and the Developer (450 North "E" Street - APN: 0134-131-24, 25, 26, 27 and 28) (Central City North Redevelopment Project Area). (R33B) 14 11/1712008 Note: No resolutions were distributed with the back-up materials. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to an adjourned Council meeting at 5 p.m., Tuesday, November 25, 2008, in the Council Chambers of City Hall. The motion carried unanimously with Derry absent. R34. Public hearing - to Amend the Consolidated Annual Action Plan for Fiscal Year 2008-2009 to Effectuate a Supplemental Appropriation under the Neighborhood Stabilization Program authorized under the Housing and EconoInic Recovery Act of 2008 RES. 2008-436 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, approving a Substantial Amendment to the Consolidated Annual Action Plan for Fiscal Year 2008-2009; and authorizing the City Manager or his designee to execute, on behalf of the City, such documents as requested by the United States Department of Housing and Urban Development to effectuate the Supplemental Appropriation. Mayor/Chairman Morris opened the hearing. Emil Marzullo, Interim Executive Director, Economic Development Agency, stated that staff has been working with federal government officials on economic recovery and stabilization under the current issues the City is facing with foreclosed properties, which is not only a local issue, but a regional, state, and national issue as well. Under this federal legislation the City was allocated $8.4 million under the Neighborhood Stabilization Program (NSP), and staff is asking the Council for authority to issue documentation to the Department of Housing and Urban Development, which is required to be delivered to them no later than December 1, 2008, in order to receive those dollars. Carey Jenkins, Director of Housing and Community Development, provided a detailed overview of the staff report and answered questions posed by the Council. It was noted that there are currently 2,264 houses in foreclosure in the City of San Bernardino. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that she would provide true and honest testimony: Paula Rae Espinoza, advised that Neighborhood Counseling Services is offering foreclosure counseling services, and many of those coming in are from San Bernardino. She stated that their main thrust is to keep people in their homes. 15 11/1712008 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2008-436 was adopted unanimously with Derry absent. R35. Willdan Engineering - Professional Services Agreement for design and construction management services for the relocation of the sewer line at the new County court house located at 247 West 3" Street, San Bernardino (Central City East Redevelopment Project Area) RES. CDC/2008-43 - Resolution of the Community Development ComInission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency ("Agency") to execute a Professional Services Agreement with Willdan Engineering (Central City East Redevelopment Project Area). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No CDC/2008-43 was adopted unanimously with Derry absent. R36. Memorandum of Understanding with the California State Department of Housing and Community Development to receive fmal designation for the San Bernardino Valley Enterprise Zone RES. 2008-437 - Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the Mayor to execute a Memorandum of Understanding with the California State Department of Housing and Community Development for fmal designation of the San Bernardino Valley Enterprise Zone. (R36A) RES. CDC/2008-44 - Resolution of the Community Development Commission of the City of San Bernardino consenting to the commitment of staffmg and fmancial resources of the Redevelopment Agency of the City of San Bernardino ("Agency") in furtherance of a Memorandum of Understanding with the California State Department of Housing and Community Development for fmal designation of the San Bernardino Valley Enterprise Zone. (R36B) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolutions A and B, be adopted. Mayor and Council Resolution No. 2008-437 and Community Development Commission Resolution No. CDC/2008-44 were adopted unanimously with Derry absent. 16 11/17/2008 37. Workshop - 5 p.m. - presentation of the Parks, Recreation, Trails and Open Space Master Plan A PowerPoint presentation/report was given by Bob Mueting, President, RJM Design Group, Inc. Also participating were Dr. Jim Fletcher, speaking on maintenance and operations; Pam Woolrich, who provided information on the telephone survey conducted in the city; and Barbara Harrison, who presented a program needs summary. PLANNING 38. Public Hearing - University Hills Specific Plan, SP No. 07-01; General Plan Amendment No. 08-03; Tentative Parcel Map No. 18969; Tentative Tract Map No. 18696; Tentative Tract Map No. 18140; Development Agreement No. 08-02 - A Plan for 980 dwelling units on 404.3 acres located north of the terminus of Campus Parkway RES. 2008-422 - Resolution of the City of San Bernardino adopting the facts, fmdings and statement of overriding considerations, certifying the fmal subsequent enviromnental impact report, adopting the Initigation monitoring and reporting plan, amending the General Plan and the University District Specific Plan, adopting the University Hills Specific Plan and approving Tentative Parcel Map No. 18969, Tentative Tract Map No. 18696 and Tentative Tract Map No. 18140. An Ordinance of the City of San Bernardino amending Chapter 19.10 (Special Purpose Districts) of the San Bernardino Municipal Code (Development Code) related to the University Hills Specific Plan. Mayor/Chairman Morris opened the hearing. Terri Ra1tIial, City Planner/Deputy Director of Development Services, explained that the Council heard a preliminary presentation on this project during a workshop on August 18, 2008, and the developer would recap that for the Council today. She provided a brief description of the project, stating that it had been heard by the Plarming Commission on November 5, 2008. After hearing testimony for and against, the Plarming Commission voted 4-3 in favor of approval of the project. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: 17 11/1712008 The following individuals spoke in opposition to the proposed project: AI Kelley of Redlands, CA, stated it was a fire indefensible area; Matthew Baker of Redlands, CA, stated there are numerous foreclosed homes in the area; Nonnan Meek, P.O. Box 314, Crestline, CA, stated he was not against development, but sees no reason for 15-20 dwelling units per acre and would deny due to natural hazards; Dave Goodward, 22430 Pico Street, Grand Terrace, CA, representing the San Bernardino Audubon Society, stated they feel the description of the habitat and the species of concern for this site are not adequate under CEQA. The following members of the Crestline Soaring Society, a hang gliding organization, presented a short video regarding local hang gliding and expressed opposition to the development as now proposed, stating they would like the buffer to be maintained and suggested Initigation to keep the landing area clear: Kenneth Howells, 849 W. Marshall Blvd., San Bernardino, CA; Alan Crause, P.O. Box 9052, San Bernardino, CA; Rob McKenzie, 4231 Sepulveda Avenue, San Bernardino, CA; David Aldrich, 11078 Charleston Street, Rancho Cucamonga, CA; Frank Rhodes, 370 Edgerton Drive, San Bernardino, CA; Megret Oleariler, 27522 Cedarwood Drive, Lake Arrowhead, CA. David DeMauro, Vice President, Administration and Finance, California State University San Bernardino, expressed support for the project, stating that 235 acres of open space will be provided as a natural reserve and that certain restrictions limit development to only the southern part of the property. He added that it will also provide a major access route on the extension of Campus Drive to the University. Terri Ralihal, City Plarmer, advised that relative to the public review period of the Enviromnental Impact Report, the project documents were put out for public review; however, sometimes these documents "walk away" and staff tries to replace them as soon as possible. For that reason, and also because others had asked for an extended review period, the public review period on the draft was extended for two weeks. Mohamad Younes, P.E., Vice President of Inland Communities Corp, 20250 SW Acacia Street, Suite 260, Newport Beach, CA, stated that he had the full consultant team available to make the presentation for the public. 18 11/17/2008 Brian James of Inland Communities provided a PowerPoint presentation. He spoke regarding the physical realities of the site, such as slopes, the San Andreas Fault, historic landslides, drainage/flood zones and fire hazards, stating that they have carefully studied each of these issues and designed their plan to address them. David Otis, Fire Safe Plarming Solutions, 302 N. EI Camino Real, San Clemente, CA, provided an overview of the University Hills project and the fuel modification zones around it-specialized zones that have approved plant material, irrigation, thinning zones, setback zones-as well as noncombustible zones that are being maintained by a lighting and landscaping district. Kent Norton, Director of Environmental Services, Michael Brandrnan Associates, who prepared the environmental impact report (EIR), stated that this was a comprehensive EIR-it looked at all of the potential issues under the CEQA checklist from the state CEQA guidelines. On the draft EIR there were eight agency comment letters and approximately three hundred letters commenting primarily on the airpark from private individuals or organizations. The two prominent issues that came out of the review of the draft EIR and comments were biological resources and potential hazards regarding the Andy Jackson Airpark. Regarding biological resources, the Audubon Society questioned the classification of the on-site vegetation as chaparral; therefore, there was a meeting between the biologists and the Audubon Society to try and discuss the issue. The botanist, as well as the general biologist for the site, went back out to the site to check their findings; and their conclusions were the same. He noted that the actual classification of vegetation at this location and some of the other foothill areas is problematic because a lot of these areas are recovering at different rates from multiple recurring wild fires; but regardless of what you call the vegetation on the site, the University Hills plan sets aside what have been identified throughout both the Paradise Hills and the University Hills projects as the most significant biological resources on site, and those are the canyons and the drainages associated with Badger Creek. Mr. Norton stated that at the Planning Commission hearing the Audubon representative made some inaccurate and somewhat disparaging remarks about the EIR, and especially about MBA' s qualifications to prepare EIRs including biological resources. He advised that the MBA has a history of 26 years of preparing legally adequate EIRs, and only a handful of them have ever been successfully challenged. The project that the Audubon representative referred to at the Plarming Commission hearing is in Arrowhead; and the issues in the court decision were very, very specific to that site and to that project, especially biological resource impacts. There was no reflection on MBA in general, or on this project, or the EIR for this project; and their VIP and biologists are extremely well qualified. Their work has been reviewed and they believe there 19 11/17/2008 is no foundation whatsoever for comments indicating that the EIR is inadequate, especially regarding biological resources. Regarding the issue of airpark safety, the EIR concluded that the impacts to the Andy Jackson Airpark were less than significant, primarily based on repeated discussions with the Crestline Soaring Society in 2006/2007. In fact, the University Hills plan was changed a number of times in that critical northwest portion of the site to create a clear zone area, an open space park, to allow continued landing activities at the airpark. Just before the EIR was circulated, the Soaring Society submitted a letter that indicated there was a new landing zone approach route that would pass over several dozen homes in the current University Hills plan. The letter did not say that no houses could be under the landing zone approach, and so they thought the issue was resolved. Mr. Norton spoke regarding the mitigated negative declaration that was prepared in 1993 by the Department of Water Resources (DWR). At that time, the property owners submitted a number of letters warning of the future conflict with the homes and asking the Department of Water Resources to either find another location or to relocate the airpark further west so that there wouldn't be that conflict. The DWR mitigated negative declaration determined that the impact of the airpark operations in light of the housing would be less than significant because there was an adequate setback and pilots could simply pay for higher insurance; and that report did not recommend any mitigation before the potential conflict. Essentially, the Department of Water Resources and the Soaring Society have known for about 15 years that there would be a potential conflict with approved housing on this site, and so it's reasonable to conclude that they would be the primary agents responsible for resolving that conflict. He advised that another issue is that the Soaring Society operations are actually in conflict with the City's Development Code Section 12.88 that was approved in 1978, which precludes hang gliding over the city of San Bernardino without approval. As far as MBA knows, the airpark operations do not have City approval to fly over the city itself. Therefore, the City and the EIR are not required to mitigate for this nonconforming off-site use or activity. Again, it would be up to the Department of Water Resources and the Soaring Society to resolve this conflict. Mr. Younes concluded the presentation, stating that Inland Communities has worked with the Crestline Soaring Society since 2005 when they first brought in the Paradise Hills plan. He noted that back in 1993, the owner of the Paradise Hills and still the owner of the University Hills, submitted a letter commenting on the relocation of the flag during the environmental assessment; and specifically requested that mitigation matters should be included to guarantee that personal and property 20 11/17/2008 injury and loss incurred from glider accidents within Paradise Hills would be covered in full by the Crestline Soaring Society. The response that came back from DWR at the time stated that this is not an environmental issue, and as such is not subject to consideration in this document according to CEQA guidelines Section 15131. However, the U.S. Hang Gliding Association, of which the Crestline Soaring Society is a member, does carry liability insurance. So DWR made a determination that there was no conflict with the housing development, and that they did not have to address it in CEQA; therefore, Mr. Younes stated, they don't have to address it under CEQA either. Mr. Younes displayed an exhibit from the Paradise Hills conceptual of land for the specific plan. He stated that when they approached the Crestline Soaring Society and told them that they were proposing housing in this area, the Society stated their concern and said that they would like to move this area and provide a clear zone. They gave them a specific distance as to where they should move the development to. The project was revised three or four times at least, and the design was shared each time with the CrestIine Soaring Society, until the first tentative tract map for the Paradise Hills was filed in June 2006. At the time, Crestline Soaring Society had approved and supported the project, and they issued a letter of support to the Planning Department. When the tentative tract map was withdrawn to redesign the project for the University Hills new plan the line was honored. The same area was maintained to provide the park in that location, and all the housing at the location was eliminated to make sure that the line was honored as was committed to in 2006. Mr. Younes stated that he wanted to make sure that the Society understood that they have worked with them extensively-they have even approached them personally to make sure that they provided a safe approach for them. He stated that most of the issues that were raised by the CrestIine Soaring Society members had already been addressed in their design, and when the EIR was circulated, the Society came back and asked that the development be moved further to the east and that another 400 feet of clear zone be provided, which would be very detrimental to the project, which has been designed to be sensitive to all the biological resources. Council Member/Commissioner McCammack asked Ms. Ralihal if she concurred that the EIR had addressed all of the comments that had been made by the public during the comment period in terms of what is required and what is not required by CEQA. Ms. Ralihal replied in the affirmative. 21 11/1712008 Council Member/Commissioner Baxter noted that the Council had been told that the Fire Chief had approved this plan, and he asked Chief Conrad if he concurred with that statement. Chief Conrad answered in the affirmative, stating that the plans have been extensively reviewed by the fire marshal and meet all of the current code requirements. He stated that as with any project in Southern California, you can't ensure 100 percent fireproofmg of a project like this, but it does have the best science they have available to them now to protect the homes in that area. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; that said resolution be adopted; that said ordinance be laid over for final adoption; and that consideration of the Development Agreement be brought back at a later date for consideration. The motion carried and Resolution No. 2008-422 was adopted unanimously. 39. Discuss amendments and an extension of Ordinance No. MC-1288, an Urgency Ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Section 19.02.050, 19.08.020, Table 08.01, and adding Chapter 19.10-E, Emergency Shelter Overlay District, to perInit emergency shelters with approval of a building perInit within areas of the IL, Industrial Light, Land Use District lying south of 3'd Street, east of Waterman Avenue and north of Central Avenue, declaring the urgency thereof, and taking effect immediately. Terri Ralihal, City Planner, advised that the Council had adopted an urgency ordinance on October 20, 2008, related to permitting emergency homeless shelters within the City. She stated that staff continues to work on amendments to this ordinance, as well as the City's Housing Element, which is related to the whole picture of providing for the homeless within the city. She stated that the item was scheduled for Council consideration at an adjourned Council meeting on November 25, but in the meantime Colin Drukker from the Planning Center, the City's consultant on the Housing Element, would give the Council some background information regarding the need for this ordinance and some of the particulars that will be included in the Housing Element relative to what staff is hoping to accomplish through this ordinance. Colin Drukker, Senior Planner with the Planning Center, stated he is helping the City to update its Housing Element, and one of the components of doing this is complying with any new state laws that have been passed since the previous update. One of the new laws, Senate Bill 2, which took effect January 1, 2008, has a provision that deals specifically with strengthening housing element law to encourage and facilitate the provision of emergency shelters-specifically, the City is required to identify a zone where emergency shelters are permitted in a 22 11/17/2008 nondiscretionary manner, which basically means that the City cannot require something like a conditional use permit (CUP). Moreover, that zone that is identified must demonstrate an adequate capacity to address the city's umnet emergency shelter needs for homeless individuals. He stated that addressing the unmet need and quantifying that need is quite difficult, not in small part due to the transient nature of homeless individuals. However, they are using a number of sources right now to assess an accurate count of the homeless in the City of San Bernardino. Mr. Drukker stated that they were also looking at the City's current stock of emergency shelter beds, and the current count that they have indicates there are at least a few hundred emergency shelter beds in the city of San Bernardino and approximately another one hundred sixty-four on line in the next year or two. They take the count of the homeless individuals in the city of San Bernardino and subtract out those who are currently served by emergency shelters (the beds that are curr~ntly in existence) and that is the City's unmet need. They look at the zone that is identified to permit emergency shelters in a nondiscretionary fashion and they analyze that zone and look at the land within that zone and determine whether or not it can serve a certain number of beds. One of the factors that they use is looking at existing shelters and determining what size land they require to determine the capacity of the land identified for that zone. They will also look at some of the development standards that the City can apply to emergency shelters. One of the new provisions of the law is that an emergency shelter has to be treated as a residential or commercial use. Special development standards cannot apply, although there is a list of five or six special standards that can be applied. In addition to addressing the specifics of that bill the housing element will quantify the housing needs-look at some of the specifics of the housing need-whether it is more family based or more individuals, other services besides shelters that are provided, and the city's overall continuum of care. He noted that there are many other provisions of the housing element, but this is the focus right now, and they are finishing this part up with City staff and with the City Council. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to a joint adjourned council meeting at 5 p.m., Tuesday, November 25, 2008, in the Council Chambers of City Hall. The motion carried. Ayes: Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: Kelley. Absent: None. 23 11/1712008 40. Public Comments Oscar C. Gonzalez, 635 E. Evans Street, San Bernardino, CA, Chairman of the Board of Police Commissioners, submitted a letter dated November 10, 2008, addressed to the Mayor and City Council and signed by all the commission members, in support of Police Chief Billdt, his staff, and the men and women of the San Bernardino Police Department. 41. Adjournment At 7:32 p.m. the meeting adjourned to 4 p.m., Tuesday, November 25, 2008, in the Council Chambers of City Hall. RACHELG. CLARK City Clerk By: ~E.W Linda E. Hartzel Deputy City Clerk 24 11/17/2008