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HomeMy WebLinkAbout06-City Clerk CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor PtJtrl&1c J. Morris Cowu:il Members: Esther Estrada Dennis J. Baxter Tobin Brinleer Fred Slwreu Chas Kelley /liJr;U Van Johnson Wendy McComnlol:k - MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING APRIL 6, 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 1:36 p.m., Monday, April 6, 2009, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack; Councilman-elect Shorett; City Attorney Penman, Assistant City Manager Sassoon, City Clerk Clark. Absent: None. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): County of Santa Clara v. Driver Alliance Ins., etc. - Superior Court for the County of Alameda - Case No. RG06278924; The People of the State of California v. U-8tore It, et al. - San Bernardino County Superior Court, Case No. CIVSS 816400; 1 04/06/2009 The People of the State of California v. City of San Bernardino/GeorJ!;e N. Voss, et aI. - San Bernardino County Superior Court, Case No. CIVSS 811831; Frank lnJ!;ram, ill, et aI. v. City of San Bernardino, et aI. - United States Court of Appeals, Case No. 07-56616. 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: Glenn Baude v. City of San Bernardino Brian Boom v. City of San Bernardino Inland Communities Corp. v. City of San Bernardino (Paradise Hills) Human Potential Consultants 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: Chief of Police Legal Secretary 1- Section 54957(b) (I) 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: Fire Safety Employees Unit G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2 04/06/2009 City Attorney Penman announced that the following additional items were also discussed in closed session: Agenda Item Nos. 11, 12, 17, 18A and R32; and Under Agenda Item No. IB, Section 54956.9 (b)(3)(A) - facts and circwnstances that might result in litigation against the local agency but which the local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and circwnstances need not be disclosed: One item. 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. InvocationlPledge of Allegiance The invocation was given by Rabbi Emeritus Hillel Cohn of Congregation Emanu El. The pledge of allegiance was led by Counciiman-elect Shorett's daughters, Jennifer and Katherine Shorett. Swearing-In Ceremony A swearing-in ceremony was held for newly-elected Council Member Fred Shorett, followed by a reception. Moment of Silence A moment of silence was observed in memory of Lupe Enciso Nuiiez, John Tucker, and Ben Wixen. 2. Appointment - Martha L. Pinckney - Bicentennial Ad Hoc Committee (Alternate) - Mayor Morris Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCllmtrlllck, that the. appointment of Martha L. Pinckney to the Bicentennial Ad Hoc Committee, as requested by Mayor Morris, be approved. The motion carried IInAnimously. 3. Proclamations & Presentations The Inland Empire Scottish Society bagpipers presented several musical selections followed by Council Member/Commissioner McCllmmllck's presentation of a proclamation designating April 6, 2009 as Tartan Day in the City of San Bernardino. 3 04/0612009 Mayor/Chairman Morris presented a proclamation designating the month of April as National Child Abuse Prevention Month to Crystal Miller of the County Child Abuse Prevention Team. David Rutherford, Communication and Public Relations Manager of Omnitrans, provided information regarding the Bus Rapid Transit Project (SBx Project) and announced a meeting to be held at the Norman Feldheym Library on April 27 from 4-7 p.m. for the public to review the project; and also an artists workshop to be held Monday evening, April 13, in the Council Chambers for submission of proposals for artwork at the stations. Mayor/Chairman Morris recognized members of Boy Scout Troop 128, who came to observe the Council meeting and see City government in operation. 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. 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: February 17, February 19, March 2, March 9, March 16 and March 19, 2009. The motion carried unanimously with Shorett abstaining. 7. Claims & PayroU Council Member/Commissioner Brinker stated that it would be nice to have a comparison with the same time frame of the previous year and some analysis of expenditures submitted with the register. Also, though not relevant to this item, he also requested a brief graffiti report that tells the Council how many calls have been received over the last time period (Council meeting to Council meeting), how many calls staff responded to, and how quickly they responded. 4 04/06/2009 Lori Sassoon, Assistant City Manager, stated she would inquire as to how much staff time would be involved in providing this information and let the Council members know. Council Member/Commissioner Brinker 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 March 12, 2009, from Barbara Pachon, Director of Finance, be approved. The motion carried nnanlmously. 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 April 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 nnanlmously. 9. RES. 2009-63 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the claim of Brian Boom v. City of San Bernardino. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-63 was adopted nnanl~ously. 10. RES. 2009-64 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, reciting the facts of the Special Municipal Election held on the 1"" day of March 2009, declaring the results thereof and setting forth such other matters as are provided by law. Council Member/Commissioner Johnson .made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-64 was adopted nnanlmously. 11. RES. 2009-65 - Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution 2008-390, which authorized a Lease Agreement by and between the City of San Bernardino, the County of San Bernardino, and the High Desert Partnership in Academic Excellence Foundation, Inc., for property located at 503 East Central Avenue, San Bernardino, CA. 5 04/06/2009 Council Member/Commissioner Iohnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-65 was adopted unanimously. 12. RES. 2009-72 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino Municipal Water Department for the resale of sewer capacity rights. Council Member/Commissioner Estrada stated she was interested in finding out the value of these sewer capacity rights and whether they could legally be sold for more. Discussion ensued regarding this matter. City Attorney Penman advised that the amount would be limited if they are sold to the Water Department; however, he would need to seethe agreement relative to what we can do insofar as other entities are concerned. Assistant City Manager Sassoon advised that regarding the current value of the sewer rights, staff has had that same internal discussion. It was the consensus of staff, that given today's development environment, there is not enough development activity that would allow them to get market value above what the Water Department is going to provide the City at this time. She stated that the argument could be made to defer the sale until development improves; however, given the severity of the current budget situation, during the February budget talks this action had been adopted as one of the measures to be used to balance the budget. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-72 was adopted with Estrada and McCammack voting "no." 13. RES. 2009-66 - Resolution of the City of San Bernardino authorizing the execution of a Vendor Services Agreement and an increase to a purchase order to Brett Carlson Construction with up to three (3) one-year extensions at the City's option for board-up services in the city. Council Member/Commissioner Iohnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-66 was adopted unanimously. 14. Authorization to proceed and approval of Plan No. 12610 - Proposed street vacation of Romo Road, north of Sixth Street, west of Del Rosa Drive 6 04/06/2009 City Attorney Penman declared a conflict because the City Unified School District requested this vacation and his wife is a member of the School Board. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Development Services and the City Clerk be authorized to proceed with the proposed street vacation of Romo Road, north of Sixth Street, west of Del Rosa Drive; and that Plan No. 12610 showing the proposed street vacation of Romo Road, north of Sixth Street, west of Del Rosa. Drive, be approved. The motion carried unanimously. 15. Authorize the Director of Development Services to execute Contract Change Order Number One with Skanska for the temporary support of Mt. Vernon Bridge over the Burlington Northern Santa Fe (BNSF) Railroad (8804-12) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Development Services be authorized to execute Contract Change Order Number One with Skanska for the temporary support of Mt. Vernon Bridge over the Burlington Northern Santa Fe (BNSF) Railroad (SS04-12). The motion carried unanimously. 16. 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). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council! Commission meeting of April 20,2009. The motion carried unanimously. 17. RES. 2009-67 - Resolution of the City of San Bernardino setting a public hearing for May 4, 2009, at 4:00 p.m. relative to the formation of . Underground Utility District No. 35, generally located along portions of "H" Street, between Kendall Drive and 4011I Street and portions of Kendall Drive, southeasterly of "H" Street. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Development Services and the City Clerk be authorized to proceed with the formation of Underground Utility District No. 35 for portions of "H" Street, between Kendall Drive and 40'" Street and portions of Kendall Drive, southeasterly of "H" Street, pursuant to San Bernardino Municipal Code Section 13.36; and that said resolution be adopted. The motion carried and Resolution No. 2009-67 was adopted unanimously. 7 04/06/2009 18. Amendments to the Side Letter Agreements with General and Mid- Management employees' barplnlng units RES. 2009-68 - Resolution of the City of San Bernardino approving a Side Letter to Resolution No. 2005-75 for fuD-time, non-safety, General Unit employees, adding language to Article m, Compensation, Section 3, Overtime, Section 1, Salaries and Section 2, PERS. (18A) RES. 2009-69 - Resolution of the City of San Bernardino approving a Side Letter to Resolution No. 2007-343 for fuD-time, non-safety, Middle Management Unit employees, adding language to Article m, Compensation, Section 6, Overtime, Section 1, Wages and Section 5, PERS. (18B) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolutions be adopted. Resolution Nos. 2009-68 and 2009-69 were adopted unAnimously. 18A. RES. 2009-70 - Resolution of the City of San Bernardino approving a Memorandum of Understanding between the City of San Bernardino and the San Bernardino Ponce Management Association regarding budget concessions. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-70 was adopted unAnimously. 18B. RES. 2009.71 - Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution No. 2007-345, Section 2, B, Compensation; Section 2, H, Uniform Allowance; Section 2, K, Overtime; Section 2, 0, Deferred Compensation; Section 2, Q, Vacation Leave; Section 2, X, Post Employment Health Plan; and adding Section 2, AA, Welfare Benefit Plan and Trust, between the City and Management/Confidential Fire Safety Management employees. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-71 was adopted unAnimously. 19. RES. 2009-73 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Transitional Services Agreement between the City of San Bernardino and Charles E. McNeely. 8 04/0612009 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-73 was adopted unAnimously. 20. RES. 2009-74 - Resolution of the City of San Bernardino authorizing the obligation and expenditure of the allocated FY 2009/10 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Funds and execution of a JAG Interlocal Agreement between the City of San Bernardino and County of San Bernardino; and authorization for the Chief of Police or his designee to apply for the COPS Hiring Recovery Program (CHRP) to fund the restoration of up to 22 sworn police officer positions. Council Member/Commissioner McCammack expressed concern and questioned whether the City will have the funds to keep these officers once the grant monies have been used. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-74 was adopted IInAnimQusly. 21. RES. 2009.75 - Resoiution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager of the City of San Bernardino to execute a Memorandum of Understanding between the City of Riverside Office of Emergency Management and the City of San Bernardino and authorizing the obligation and expenditure of Urban Area Security Initiative Grant Funds. Council Member/Commissioner Iohnson stated that he had concerns relative to the rescue vehicle, and he hoped that when these items are brought back before the Council that the rescue vehicle would be considered separately from the hazmat and the active shooter training. Council Member/Commissioner McCammack stated that the Council had been told that the grant application was going to include upgrading the public safety communication system. Ms. Sassoon advised that the City had asked for a number of things which were not approved. Lieutenant Mark Garcia provided information on the CBRNE vehicle. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-75 was adopted IInAnimously. 9 04/06/2009 22. Public Hearing - amend Municipal Code regarding prohibiting parking of motor trucks in the residence district Ordinance of the City of San Bernardino amending Section 10.16.120 of the San Bernardino Municipal Code relating to prohibiting parking of motor trucks in the residence district. FIRST READING Mayor/Chairman Morris opened the hearing. Council Member/Commissioner Brinker stated that the Council should consider the high end of the fee scale to discourage these trucks from parking in residential neighborhoods. . Council Member/Commissioner Estrada stated that it is a serious issue when it affects the health of the City's citizens. Mayor/Chairman Morris advised that staff has a meeting with the California Air Resources Board (CARB) regarding working with them on strategies to diminish this high-risk area, particularly around the north residential area of the BNSF multi-modal center. Council Member/Commissioner McCammack noted that there have been instances when the drivers have dropped their trailers and/or empty containers and left them on the streets for extended periods. City Attorney Penman advised that this is a very strict ordinance which prohibits these vehicles from parking or standing for two hours or more. Also, if the vehicle is left for more than 24 hours it can be towed. Assistant City Attorney Sassoon noted that staff is exploring escalating fines. No public comments were received. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said ordinance be laid over for fina1 adoption. The motion carried IInanimously. 23. Public Hearing - resolution imposing liens for uncollected business registration fees RES. 2009-76 - Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. Mayor/Chairman Morris opened the hearing. 10 04/0612009 Council Member/Commissioner McCammack advised that she personally had paid for #129 on Exhibit A; and City Attorney Penman noted that #10 had also been paid. No public comments were received. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; that the City Clerk be directed to admini~trativeIy remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion. carried and Resolution No. 200!)-76 was adopted unanimously. 24. Resolution establishing certain fees for services; Ordinances regarding unauthorized signs and yard sales Resolution of the City of San Bernardino establishing certain fees for services furnished by the City of San Bernardino, amending Resolution Nos. 89-471 and 91-148, and rep""'ling Resolution Nos. 85-480, 88-405, 96-169, 2000-283,2008-149,2008-177, and 2008-315. (24A) An Ordinance of the Mayor and Common Council of the City of San Bernardino, California adding Chapter 16.18 of the San Bernardino Municipal Code regarding unauthorized signs on public property. FIRST READING.. (24B) An Ordinance of the Mayor and Common Council of the City of San Bernardino, California repealing and replacing Chapter 5.68 of the San Bernardino Municipal Code regarding yard sales. FIRST READING (24C) Note: The resolution and ordinances were not distributed with the backup materials. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of April 20,2009. The motion carried unanimously. 11 04/06/2009 25. Resolution of the Mayor and Common Council of the City of San Bernardino approving a Side Letter to Resolution No. 2005-66 for full-time, fire safety employees, adding language in Article IV, Fringe Benefits: Section 1, HealthlRelated Insurance; Section 4, Deferred Compensation; Section 7, Vacation and Holiday Sell-Back; Section 8, Welfare Benefit Trust; and Article V, Leave Provisions: Section 1, Vacation; adding Section 7, Fire Leave; and Article vn, General Provisions, Section 2, Term of Memorandum of Understanding (MOU). (Continued from March 16, 2009) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be tabled. The motion carried IInAnimously. 26. Municipal Code Section 2.01.010 Mayor Pro-Tempore - Election of Mayor Pro-Tempore (Continued from March 16, 2009) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, to elect Council Member/Commissioner Johnson as Mayor Pro-Tempore. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Estrada, to eIect Council Member/Commissioner Baxter as Mayor Pro-Tempore. Council Member/Commissioner Baxter declined the nomination. The motion made by Council Member/Commissioner Baxter, seconded by Council Member/Commissioner Kelley, to elect Council Member/ Commissioner Johnson as Mayor Pro-Tempore until March 15, 2010, carried with McCammAck voting "no." 27. Council Committee Assignments Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the Council! Commission meeting of April 20, 2009. The motion carried IInAnimously. 28. Receive and f'de - report from National League of Cities - Washington, D.C. - Council Member Kelley Council Member/Commissioner Kelley made a brief oral presentation. He noted that there are a great deal of opportunities available to the City, and that Congressmen Baca and Lewis are well aware of the challenges in this area. 12 04/0612009 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the report from the National League of Cities be received and filed. The motion carried IInAnlmously. 28A. RES. 2009-77 - Resolution of the Mayor and Common Council of the City of San Bernardino dP.lligPAting the week of May 10, 2009 as "Blue Ribbon Week. " Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-77 was adopted IInAnlllll)usly. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Shorett, Kelley, Johnson, McCammack; Assistant City Attorney Wilson, Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo, City Clerk Clark. Absent: None. R29. Public Hearing - ERAF Redevelopment Project Area Plan Amendments (Continued from March 16, 2009) Wards 1, 2, 3, S, 6, & 7 Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the State Conege Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the State Conege Redevelopment Project Area; and mAking other findings in connection therewith (State College Redevelopment Project Area). FIRST READING (R29A) Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Central City North Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Central City North Redevelopment Project Area; and mAklllg other findings in connection therewith (Central City North Redevelopment Project Area). FIRST READING (R29B) Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Central City West Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Central City West Redevelopment Project Area; and mAldng other findings in connection therewith (Central City West Redevelopment Project Area). FIRST READING (R29C) 13 04/06/2009 Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Southeast Industrial Park Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Southeast Industrial Park Redevelopment Project Area; and making other findings in counection therewith (Southeast Industrial Park Redevelopment Project Area). FIRST READING (R29D) Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Northwest Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Northwest Redevelopment Project Area; and mllkillg other findings in connection therewith (Northwest Redevelopment Project Area). FIRST READING (R29E) Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Tri City Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Tri City Redevelopment Project Area; and milking other findings in connection therewith (Tri City Redevelopment Project Area). FIRST READING (R29F) Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the South VaDe Redevelopment Plan; extending the time Iimit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the South VaDe Redevelopment Project Area; and milking other findings in connection therewith (South VaDe Redevelopment Project Area). FIRST READING (R29G) Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Meadowbrook/Central City Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Meadowbrook/Central City Redevelopment Project Area; and milking other findings in connection therewith (Meadowbrook/Central City Redevelopment Project Area). FIRST READING (R29H) Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Central City South Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Central City South Redevelopment Project Area; and milking other findings in connection therewith (Central City South Redevelopment Project Area). FIRST READING (R291) 14 04/0612009 Ordinance of the City of San Bernardino extending the time Hmit of the effectiveness of the Central City East Redevelopment Plan; extending the time Hmit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Central City East Redevelopment Project Area; and mAldllg other findings in connection therewith (Central City East Redevelopment Project Area). FIRST READING (R29J) The hearing remains open. Council Member/Commissioner McC"mm"ck stated that she wanted to be sure that. the Uptown Redevelopment Area was not included in this action and also inquired whether any of the redevelopment areas listed in the staff report were in the Seventh Ward. She was assured by Agency Counsel Sabo that the Uptown Redevelopment Area was not included and none of the project areas were in the Seventh Ward. Interim Executive Director Marzullo provided an overview of the staff report. No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Brinker, that said Ordinances A - J, be laid over for final adoption. The motion carried unAnimously. R30. Joint Public Hearing - TELACU Housing - San Bernardino V, Inc., Disposition and Development Grant Agreement (TELACU Senior Housing V - Central City North Redevelopment Project Area) Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of the Redevelopment Agency of the City of San Bernardino's Properties located on the northwest comer of "G" and 4110 Streets (APNs: 0134-093-019, 20 and a portion of 4S) to TELACU Housing - San Bernardino V, Inc. for the development of 75-Unit Affordable Senior Citizen Rental Housing (Central City North Redevelopment Project Area). (R3OA) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the 2009 Affordable Senior Citizen Rental Housing Low and Moderate Income Housing Funds Grant Disposition and Development Agreement by and between the Agency and. TELACU Housing - San Bernardino V, Inc. (Affordable Senior Citizen Rental Housing Development - Central City North Redevelopment Project Area). (R3OB) 15 04/0612009 Note: No backup materials were distributed. Mayor/Chairman Morris opened the hearing. Staff requested that the matter be continued to May 4, 2009. Council Member/Commissioner Estrada requested that Mr. Marzullo provide her with any and all information that he has from the last time that she dealt with this project, which was some time ago. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of May 4, 2009. The motion carried unAnimously. R3l. Public Hearing - Maya Cinemas North America, LLC - BUD Application for a Section 108 Loan Guarantee (Central City North Redevelopment Project Area) RES. 2009-78 - Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing 1) the submittal of the Section 108 Loan Guarantee Application for Maya Cinemas North America, Inc. to the U.S. Department of Housing and Urban Development and 2) the Mayor to execute such documents as may be required to submit and implement the Application (Maya Theater Project) (Central City North Redevelopment Project Area). Mayor/Chairman Morris opened the hearing. Economic Development Agency Interim Executive Director Marzullo stated that this was the next to the final step on the HUD 108 loan for the Maya Cinemas. He stated that staff would know if the HUD loan is approved or not approved sometime in June, and at that point staff would be bringing that action, as appropriate, back to the Council. A lengthy discussion ensued regarding the proposed project and, in particular, financing for the project and what would happen if Maya was eventually unable to fulfill their financial obligations. Council Member/Commissioner McCammack asked what sources the City would use to fund the loan payments on the 108 loan, if at the end of three years Maya cannot get another loan to refinance the project. Agency Counsel Sabo advised that Maya does have an obligation to refInance in three years; however, if they don't refinance in three years, they are still making payments on that loan. He assumed that in Ms. McCammack's scenario 16 04/0612009 they made payments on the loan for the first three years, keeping it current, but they haven't refinanced in three years. Therefore, at three years the letter of credit gets drawn, they lose their development rights for the grass area, and they will continue to make their payments until the seventh year; and if they default by the seventh year, then they are out of there. Ms. McCammack asked why, if they lost their development ability at the end of three years because we take it from them, and then we cash in their $450,000 letter of credit, they would continue making payments. Mr. Sabo stated it was because they would be in default and they would lose the entire theatre. Mr. Marzullo stated that for talking purposes he thought they needed to break the project up into phases and Phase I is the theatre project; and if this loan funds, it is expected that the theatre will be open long before the end of this calendar year. In that scenario, with it being completed, they will be paying the debt service out of their operating revenues. Even if they are losing money they will be paying operating revenue-that is the requirement. He pointed out that what Mr. Sabo was talking about on the development rights-that's Phase II-development rights of the grass area in the front. He explained that Maya has to perform within three years and take the City out of the 108 loan. If they fail to do that, then they lose the development right on the front. Then the City can do that on its own, or it can seek another developer. In the seventh year, assuming the worst case scenario comes to be and they go out of business, then the City has the right not only to foreclose on their cash that they put in, but it has the ability to take back the entire project. So, the City essentially has a lien on the property. Council Member/Commissioner McCammack stated that the worst case scenario is that the. City has to have some money set aside to make these payments if Maya can't; and she questioned how much money the City would have to have set aside. Mr. Marzullo noted that currently the City has a default situation-that since the CinemaStar went into default 18 months ago the Agency has been putting out, up until the time they left, $45,000 a month-and once they left, the amount increased to the entire debt service, which is about $60,000 a month. So the Agency is currently paying $60,000 per month out of Agency funds to keep the 108 loan solvent, although technically, under the law the 108 loan is secured by the CDBG grant allocation that the City receives. Ms. McCammack asked approximately how much that was annually. 17 04/06/2009 Mr. Marzullo stated it is $3.5 million; but they have not cashed this debt for this 108 loan to that source-they've made it out of Agency funds so the City did not have the issue. In essence, they would have a bigger issue in terms of debt to be made up on a monthly basis; but this is a very different project, because you have millions of dollars in equity that will have been put into the theatre by that time. He added that if they didn't feel comfortable going in with this operator, they wouldn't be bringing it to the Council-that they had the opportunity to look at and talk to a number of operators. However, they felt that Maya Entertainment Group had not only the best balance sheet, but the best fit for our community . In response to a question by Council Member/Commissioner Estrada, regarding how much of the $3.5 million CDBG funds is already committed, Mr. Marzullo explained that on an annual basis the Council commits 100 percent of it. He added that what would happen under a default provision, HUD would essentially condition the grant by whatever the arrearage is, so instead of getting $3.5 million they would take an amount back from that, or the Council would alternately designate. For instance, the HUD 108 loan for the Arden Guthrie area comes out of CDBG funds, and approximately $300,000-$400,000 a year is allocated to repay that 108 loan. In the Arden Guthrie case you are talking about a forced allocation reduction, and in this case it would be HUD actually reducing our entitlement grant by whatever the equivalent amount is on debt service. City Attorney Penman stated that although this item was on the Redevelopment agenda, it was not a Redevelopment item-it was a City item; and the City is 100 percent liable to pay back this loan-the Redevelopment Agency is not required to pay back any of it. He stated that presently, because the City cannot afford to pay back the current 108 loan, the Redevelopment Agency is using tax increment funds to make those payments; however, the Community Development Block Grants go to the City-not the RDA-and they are the guaranteed resource for this loan. He advised that the City gets $3.5 million a year in CDBG funding, and it is used all the time and never goes unspent. He stated that it is used not only by nonprofit agencies, such as Legal Aid and other groups, but it is also used to fund City activities. He added that for him this was ~jli vu-this was the third time the City has had to refinance and come up with a new company to run the theatre. He stated that when they did it the first time it was very obvious that that company was undercapitalized and would not be able to provide the services they had promised. And he heard Council members say at that meeting, "If they do what they said they're going to do, this will be great." He stated that his office did not sign that original document, and they predicted that the company would go bankrupt in the first 18 months and they did. But first they came back and asked for more time to make payments to us, but they ultimately 18 04/06/2009 went under. Then staff came back with a second developer, and we committed $4.6 million of the City's CDBG funds for that developer to run the theatre. And again, Council members said, "If they do what they said they're going to do, this will be great-the most important thing is we've got to get that theatre up and running." And they got the theatre up and running. And, again, the Attorney's office did not sign off on that agreement because it was again obvious that they were not going to be able to make the payments. The City was desperate to keep that theatre, so it entered into a forbearance agreement with this second company. And this group did the same thing-they went under. Mr. Penman went on to state that now, having gone from almost nothing to $4.6 million, we are now going to a $9 million obligation, not on the RDA, but on the City. That's why Maya, when they came in, was such an interest to us because they told us they didn't need any City money to do this-they would do it with their own money. We've heard it said that if they don't make the payment they lose their development rights for the grass area. If they don't make their payments they don't care about the grass area because they haven't been able to make a go of the theatre. Mr. Penman stated he was putting this on the record, because it is the City Attorney's job to advise the Council of what this agreement means to them and to the City. He added that as long as the RDA is solvent and has a tax increment, and they don't need it for something else, he was sure that since the Council was also the Community Development Commission they would make them pay it with tax increment money. But, if the RDA runs out of money and the City cannot make the payments (and they can't afford to make them on the existing 108 loan), what then. He stated that he wanted them all to understand what they were voting on. Mayor/Chairman Morris pointed out that the City was leasing the property to CinemaStar, it wasn't selling the property to CinemaStar-we were the owners, they were the lessees, and this is a whole different construct. He stated that in his view this was a well-crafted, well-designed attempt to do exactly what Mr. Penman says they should be doing, and that is to relieve themselves of the ownership role in this particular asset, have it run by a company who knows what they are doing, who is operating right now and has a successful portfolio and an excellent business plan. Mr. Penman stated that he was just saying that if the Mayor and Council were business people, they wouldn't be doing this. 19 04/06/2009 Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that she would provide true and honest testimony: Marge Arnett stated that she did not think this was a good idea; in fact, she would prefer that the City just go out and hire more cops rather than underwriting the theatre. 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. 2009-78 was adopted with McCAmmacl[ abstaining. R32. Joint Public Hearing - Formation of an Auto Center Property and Business Improvement District ("PBID") (Southeast Industrial Park and IVDA Redevelopment Project Areas) RES. 2009-79 - Resolntion of the Mayor and Common CouncU of the City of San Bernardino approving the formation of an Auto Center Property and Business Improvement District ("District"), fixing boundaries thereof and providing for the levy of assessments and tAlring other actions in connection therewith (Southeast Industrial Park and IVDA Redevelopment Project Areas). (R32A) Resolution of the Community Development Commiulon of the City of San Bernardino approving and authorizing funding equal to $1,218,372 pursuant to the formation of the Auto Center Property and Business Improvement District ("District") and funding the operations and activities of the district (Southeast Industrial Park and IVDA Redevelopment Project Areas). (R32B) Mayor/Chairman Morris opened the hearing. Agency Interim Director Marzullo advised that the Council had approved a resolution of intention approximately five weeks ago in which they stated their intent to form the Property and Business Improvement District within the Auto Mall serving the three dealerships-Toyota, Nissan, and MazdalMitsubishi. He stated that the public hearing tonight was to determine if the protest proceeding by the property owners had passed or had failed-that the action required a minimum of 50.1 percent of property owners, by weight of ballot to pass. City Clerk Clark advised that three ballots had been received representing the following properties and each ballot indicated a "yes. vote: 20 04/06/2009 1. One (1) parcel-735 Show Case Drive South; 2. Three (3) parcels - South Show Case Drive, 735 Show Case Drive North, and 650 Auto Center Drive; 3. One (1) parcel- 645 Auto Center Drive. No public comments were received. Mr. Marzullo stated that the Council had the option to certify or not to certify the election-that they had heard from the City Clerk that they had a 100 percent property concurrence with the formation portion of the action. He noted that there were actually two portions to the action being considered tonight-one was the formation of the PBID and the other was a loan commitment that would be made to the PBID; and on that second portion he asked for a continuance of at least two weeks, as staff had some additional items of discussion with the dealerships before they bring that back. However, tonight the Council could certify, either confirming the vote or denying the vote under the assessment for the formation of the PBID. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; that the election results be confirmed and certified; and that Resolution. A be adopted and Resolution B be continued to April 20, 2009. The motion carried and Resolution No. 2009-79 was adopted unAnimously. R33. Master Cooperative Agreement for the sbX Bus Rapid Transit Project by Omnitrans (Continued from March 16,2009) Resolution of the Mayor and Common CouncU of the City of San Bernardino approving and authorizing the Interim City Manager to execute a Master Cooperative Agreement by and between the City and Omnitrans (sbX Bus Rapid Transit Project). (R33A) Resolution of the Community Development Commimon of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino to execute a Master Cooperative Agreement by and between the Agency and Omnitrans (sbX Bus Rapid Transit Project). (R33B) Note: Resolution A was not distributed with the backup materials. Council Member/Commissioner McCammack stated that she would abstain because Omnitrans is one of her clients. 21 04/06/2009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/Commission meeting of June 1, 2009. The motion carried with McCAmmAck abstaining. R34. Authorize payments from HOME Funds for an agreement of the City of San Bernardino with The PlAnning Center for consultant services to update the General Plan Housing Element RES. 2009-80 - Resolution of the Mayor and Common ConneD of the City of San Bernardino authorizing the payment of certain contract amounts through the Redevelopment Agency of the City of San Bern8rdino from HOME Funds. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted; and that the Community Development Commission of the City of San Bernardino concur in the actions taken by the Mayor and Common Council of the City of San Bernardino ratifying prior payments and authorizing the payment of contract amounts to The Planning Center to be made by the Interim Executive Director of the Agency from HOME Funds as administered by the Redevelopment Agency of the City of San Bernardino. The motion carried and Resolution No. 2009-80 was adopted unAnimously. R35. UpdatelPresentation on the San Bernardino Downtown Core Vision/Action Plan by EDAW, Inc. Vaughn Davies of EDA W, Inc. provided a PowerPoint presentation/update on the Downtown Core Vision/ Action Plan project. He announced that he would be making a presentation for the public on Thursday, April 9,6:30-7:30 p.m., in the Council Chambers of City Hall. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that the Community Development Commission of the City of San Bernardino receive and file the presentation/report by EDAW, Inc. The motion carried unAnimously. 36. Appeal Hearing - Conditional Use Permit No. 08-21 (Appeal No. 08-07) - Appeal of the Planning Commi,.qon'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 March 16, 2009) The hearing remains open. 22 04/06/2009 City Attorney Penman advised that the City had provided DVDs of the last Council meeting to the Mayor and those Council members who were not in attendance and did not hear the presentation made by the applicant. He asked Mayor Morris, Council Member Shorett, and Council Member Kelley whether they had viewed the DVDs, and each one answered in the affirmative. Terri Rahhal, Development Services Deputy Director/City Planner, stated that this item was an appeal of the Planning Commission's denial on November 5, 2008, of a conditional use permit on the subject site. The conditional use permit is a proposal to convert an existing church building at 840 North Sierra Way to an emergency homeless shelter. The project proponent is Human Potential Consultant, which will be referred to as HPC. She advised that at the previous Council meeting on March 16, staff gave a description of the site and the project, and the applicant also made a PowerPoint presentation to the Council describing the proposal and the program that they conduct at other locations in Southern California. She noted that there were two letters of opposition submitted from the Option House, the domestic violence shelter. The Director of Option House and the board member who wrote the two letters were not able to appear at the last hearing, and that was one of the primary reasons for continuing to this evening. Ms. Rahhal stated that staff would not repeat the details of the previous staff report unless there were questions from the Council; however, they would like to offer some points of clarification to some of the materials that are in the staff report. Specifically, the last attachment to the staff report is a letter from Public Counsel that was written on behalf of the applicant. The letter is dated November 26, 2008. It is a 15-page letter, and beginning on page 9 there are some statements made that staff would like to offer further clarification on. First of all, there is a statement that the existing single-family homes in the area are minimal, and it emphasizes the nonresidential uses surrounding the project site, including the cemetery, Seccombe Lake Park, and some of the commercial properties. Staff would like to go on record specifying that there is a single- family residence immediately adjacent to the site to the north and three single- family units and a duplex on the opposite side of Sierra Way. Also, there are others in the immediate vicinity of the project site within 300 feet. Another item noted in the letter dated November 26, 2008, is a statement that the Salvation Army facility on Fifth Street, that has been noted in the staff report as a 68-bed shelter facility-there is a statement in this letter that that facility is closed. This facility is not closed, it is open and operating with 68 shelter beds. In fact, during the cold weather months of November through April they make room for up to 40 additional people. Ultimately, the Salvation Army does plan to utilize that Fifth Street facility only as an administrative 23 04/06/2009 center, but that is pending completion of their most recent application for a shelter project with emergency shelter and transitional housing on Tenth Street. Also, in mentioning the Salvation Army, there is an update on their men's shelter on Doolittle Drive-the 124-bed facility has been completed. It is now open with a temporary certificate of occupancy as they complete some of the final site improvements. Finally, the last item to address in the November 26 letter attached to the staff report is a reference to the Frazee Community Center on Mill Street. This letter cites the fact that the Frazee facility is also in a residential neighborhood and directly adjacent to, or very near, two schools. It makes a statement that for the City to deny this current application by HPC would be an arbitrary act after having approved a permit for a homeless facility at the Frazee Center. The fact is, the Frazee Center does operate in a residential neighborhood-it has for many years and successfully so. It was originally established through outreach efforts of St. Stephens Methodist Church in the early 1960s, and the homeless outreach and services that have been provided at that site over the years have been recognized as a legal nonconforming use, for lack of a CUP. Ms. Rahha1 noted that after the staff reports were distributed by the Planning Division, staff did receive a packet of other information that the Council has already had, but for their easy reference staff had provided a copy of Ordinance No. 1290, which is the Emergency Shelter Overlay District previously adopted by the Council; the letter dated April 1, 2009, from Deborah Poole of Sidley Austin, which was transmitted last week by facsimile to each Council member; and finally, staff added a program description for Human Potential Consultants from June 2008, which had been omitted from their previous staff report. One other item that has come to the Council and has also been provided to the applicant, is a memo dated April 2, 2009, from Lt. Ronald Moss of the Police Department. Ms. Rahha1 advised that there were two alternative motions provided on the agenda this evening-one that would support denial of the appeal based on findings presented to the Planning Commission; and an alternative motion should the Council wish to grant the appeal and a recommendation for staff to bring back findings for approval and appropriate conditions of approval. At this point, staff is not making a recommendation pending the conclusion of the testimony on this item. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: 24 04/06/2009 The following individuals urged the CouneD to deny the appeal: Velda Griffin, Executive Director, Option House, Inc. and also a survivor of domestic violence, stated that she recognized the excellent work that HPC is doing as a social service provider and understands the need for additional services in the City of San Bernardino. However, the population that she serves is also a homeless victim, and they have no place else to go. She stated that often it is a life or death situation, and the safety of these individuals is her only concern. She urged the Council to deny the appeal and not allow the proposed facility in that particular location. Protima Pardey, Vice-President, Board of Directors, Option House, Inc., requested that HPC make an attempt at locating an alternate place for this particular facility. Darlene Toole, Program Manager, Option House, Inc. and a resident of San Bernardino, stated that San Bernardino has a huge homeless population and domestic violence victims are included in that population and need to be heard. She asked the Council not to put the needs of many in front of the needs and safety of a few. C. Patience Summers, 868 E. Rialto Ave., San Bernardino, CA, stated that the proposed facility would present a danger to the women at Option House. The following individuals urged the CouneD to 2I'IUlt the appeal: Laura Evans, Counsel for HPC, stated that denial would be against the law. Deidre Norville, HPC Chief Operations Officer, took exception to several facts contained in Sgt. Moss' report, stating that the report makes inaccurate statements and comparisons of HPC's facilities and gives misleading information in reference to LAPD's calls for service to HPC facility addresses, and provided specific rebuttal information on several of the "facts" contained in the report. William Cain, 4116 E. Compton Blvd., Compton, CA, president of an HPC facility . Jonathan J. Harris, Sr., 6226 S. Western Ave., Los Angeles, CA, a resident of HPC. Alexandra Rodriguez, 500 E. Carson Plaza Drive, Carson, CA, who was referred to HPC by Job Corps. Brian Foster, 6226 S. Western Ave., Los Angeles, CA, a resilient ofHPC. Natalie Stuparitz, 500 E. Carson Plaza Drive, Ste. 127, Carson, CA, an HPC employee who spoke regarding the safety and security features and practices observed by HPC. Chane1le Brimmer, 500 E. Carson Plaza Drive, Ste. 127, Carson, CA, Human Resources and Training Supervisor for HPC. Camille Chatman, 500 E. Carson Plaza Drive, Ste. 127, Carson, CA, Contract Coordinator for HPC, spoke regarding how they obtain their funding, stating that all of their revenues are gained through a competitive bid process. 25 04/0612009 Remy De La Peza, attorney with Public Counsel, who urged the Council to pay attention to the law and abide by the law. Council Member/Commissioner Kelley expressed concern that a new elementary school will be opened near this facility, and he would not want this facility near a school. Ms. Rahhal confirmed that an elementary school is planned for less than a block away at the southwest corner of Sierra Way and Eighth Street. She noted that staff has discussed this concern at length with the applicant, and one of the letters attached to the staff report contains a commitment from the applicant that they are willing to accept a sunset clause, should the permit be granted, that they would not only vacate the facility prior to the opening of the new school, but they would also be willing to convert the site to some other youth oriented land use. Council Member/Commissioner Johnson stated that more emergency homeless shelters are needed in our cities, and that HPC seems to offer a very good service. However, he needs to ensure the safety of the City's long-term residents at Option House, a condition that existed at the time of HPC's application. He stated that if they are to co-exist, he believes it is incumbent upon the City to ensure that sufficient guidelines are in place in order for that to happen. He would like to see staff come back to the Council with a workable solution for all parties involved to mitigate any unforeseen problems. Council Member/Commissioner McCammack stated that one of the pieces of information in the backup defines emergency shelters, and based on that definition, if the Council were to decide to grant this appeal, she wondered if staff could ensure that this really truly is an emergency shelter, and that they won't turn people away who can't pay, including the people that they have noted-the homeless that reside at Seccombe Lake. City Planner Rahhal explained that this is an application for a conditional use permit for an emergency shelter for the homeless; and the conditions of approval that would apply to such a use permit would include set parameters of what an emergency shelter is-the basic definition is that it serves those who are not able to pay. Council Member/Commissioner Brinker stated that there is a definite need for homeless shelters, but he is also concerned about Option House and the proposed elementary school. He is concerned about how they will deal with certain types of individuals that might be housed here, such as the violent criminals, or people who are domestic abusers. He stated that he wants the City to find a way to make this work; however, he also needs more answers. He inquired as to how the Council should move forward on this matter. 26 04/06/2009 City Attorney Penman advised. that in closed session the Council had discussed the potential for litigation between HPC and the City. He stated that the Council had two alternatives-they can deny the appeal and uphold the Planning Commission's decision, in which case HPC will probably file a lawsuit. The main contention will be that the City is not in compliance with SB 2, and if a court should conclude that HPC is correct, the City could end up with a situation where the homeless shelter would go in without any conditions or any real restrictions by the City. The other possibility is that the Council could grant the appeal, overturn the decision of the Planning Commission, and issue the conditional use permit with conditions that are responsive to some of the comments that have been made today by the Council and the representatives of Option House and other testimony heard over the course of these two meetings. Mr. Penman stated that City Planning Department personnel have met with HPC and tried to persuade them to locate their facility somewhere else, largely because of the problem with Option House being so close; however, it was his understanding that HPC had declined to do that. He stated that he thought the first thing that needed to be done was to make another effort to try and get them to relocate voluntarily-perhaps try to assist them in finding a location for a homeless shelter. He stated that the potentially devastating consequences of putting people with some of the backgrounds HPC indicated that they deal with in such close proximity to a shelter for abused women and children is a very frightening thing. He advised that there are conditions that the City could impose. For example, the City could require the applicant to provide the Police Department with an up-to-date list of the names, dates of birth, and identifying information of all the residents of the facility on a weekly basis; and whenever a new resident is admitted we could require the applicant to cooperate with the Police Department in identifying facility residents who are on probation, parole, or have fourth amendment waivers or outstanding warrants. We could require that the applicant provide the Police Department with access to the sign-in and sign-out records being maintained by the facility upon request. We could require that the security plan for the facility be provided, which would be approved by the Police Department prior to opening; and the approval would be based on objective standards, qualifications and training of security personnel, control of residents presence in or absence from the facility, security devices, curfew hours, that type of thing. The facility's staff could prepare a contraband report after discovering contraband such as illegal drugs or weapons on a facility resident, which the applicant's security plan says they will do. A copy of the report could be required to be provided to the Police Department. 27 04/06/2009 We could require that the residents of the facility not park or access private vehicles at the facility. We could consider a condition prohibiting any person convicted of certain penal code violations from residing at that facility. We could impose a condition that the facility not admit any person required to participate in or complete a battery program. Mr. Penman continued, indicating that the Council had two choices-deny the appeal and uphold the Planning Commission's decision and then deal with the lawsuit, or make a decision not to risk having a court let the facility come in without having any restrictions and grant the appeal with conditions. If the Council wanted to do the second choice, Mr. Penman recommended that Council ask staff to come back with a specific list of proposed conditions for their consideration; and prior to that, perhaps direct staff to try and meet with HPC representatives and make another attempt to get them to locate elsewhere. Secondly, see which conditions that HPC might be willing to agree to, and then make a decision as to whether the Council wants to impose any conditions other than those that they would be willing to agree to. Mayor/Chairman Morris noted that the Council had heard the counsel from Sidley Austin, the pro bono attorneys for the applicant, identify this correctly as largely a legal issue. Addressing City Attorney Penman, he asked him what his recommendation would be to the Council, knowing the options available to them. City Attorney Penman replied that he thought it would be a disastrous situation if this facility was allowed to open at that location with proximity to Option House and a proposed new school without making a restriction on it; and if the Council denies the appeal and HPC sues, and he believes they will, that could happen. So, you have to weigh that and decide; and he thought the safer legal course would be to issue a conditional use permit imposing restrictions that respond to the concerns of Option House-that respond to the concerns that the Council expressed when they talked about the school going in and some of the others that the Council talked about. He pointed out that the Council could impose conditions and HPC could still sue and challenge those conditions; and then the test would be whether or not the conditions they imposed were such to make it infeasible for anyone to operate an emergency homeless shelter at that location. They would have to be sure that whatever conditions they impose would not make it infeasible to operate such a facility there. Mayor/Chairman Morris asked Mr. Penman if that was his recommendation; and Mr. Penman replied that he always recommends taking the safer course. 28 04/06/2009 CouneD Member/C(lmmillll\oner McCAmmacl[ made a motion, seconded by CouneD Member/Comml"sioner Brinker, that the hearing be closed; .that staff be directed to meet with HPC to research finding another location; and that staff work with the City Attorney's oftice and come back to the meeting of April 20, 2009, with conditions to substantiaUy mitigate issues the ConneD is concerned about, at which time the ConneD will make a decision on whether or not they can grant the appeal. (Note: The vote was taken following discussion.) Council Member/Commissioner Brinker stated that he really had this very deep concern that they put themselves and members of the community at risk if they don't really think this through properly. He stated that he agreed that they needed to send this back to staff, and they needed to do this in a thoughtful manner-he wanted to make sure that they were doing the right thing, and he didn't think they had enough information to act tonight. But if staff could come back with SOtne recommendations based on what they talked about, and maybe think this through and talk it through one more time, he might feel more comfortable to move forward. Council Member/Commissioner Estrada stated that the City of San Bernardino is divided into seven wards and she represents the First Ward of the City. She stated that a majority of the existing shelters are in her district, and adding one more is obviously a concern. She stated that she sympathizes with the need to provide shelter for the homeless, but the description that she heard one of the staff members give on the security measures that they take in their other facilities somehow just doesn't add up to a hotneless shelter per se in the more traditional sense of the word. She stated that when we hear about homeless shelters we think about these poor individuals who have no place to live, and she has never heard of a homeless shelter with those kinds of very strict security measures in place, so that concerns her a little bit. She stated that she wanted to make sure, like her colleagues, that the decision that they make is a well-grounded decision based on facts and on some kind of consensus between HPC and the City that clearly addresses the safety matters that they are all very concerned about. So she agreed with Ms. McCammack's motion that they give staff the opportunity to examine this matter further and perhaps come up with some conditions that they can all live with in terms of moving forward with this project. She stated that she felt compelled to let everyone know where she was coming from relative to the fact that she has a number of shelters in her district already, and her concern obviously is with the safety of the residents and especially the children in the community. City Attorney Penman asked the Mayor and Council if the types of conditions that he mentioned were the types of things that they were thinking about. 29 04/06/2009 . , Ms. McCammack stated yes, but also the concerns they had all discussed and mentioned during the hearing. Mr. Penman stated that what he heard was a real concern for the safety of the community and for the people at Option House. He heard a recognition of the fact that we have to have, and we need, homeless shelters in our community; and we want to provide for those individuals. He stated that he thought the tougher decision to make was if they were to decide that they were not going to do just the political thing and give a knee jerk "no." He stated that he was going to try and craft some type of conditions knowing that HPC has a good legal argument to get in there-perhaps without conditions. He stated that he wanted to put some conditions on them, that if they do go in, these conditions would increase the chances that the community is going to be protected and that those people who are residents of Option House are going to be protected. The motion made by CouneD Member/Commiqioner McCammAck and seconded by CouueD Member/Commi!l!rioner Brinker, carried IInAnimously. 37. Public Hearing and resolution ordering vacation of a portion of Kendall Drive (formerly State Highway 206) east of "H" Street RES. 2009-81 - Resolution of the City of San Bernardino ordering the vacation of a portion of Kendall Drive (Formerly State Highway 206) east of "H" Street and reserving an access and landscape easement for the Castaway Restaurant. Mayor/Chairman Morris opened the hearing. Valerie Ross, Director of Development Services, stated that this item had been brought before the Council previously-that it is an excess piece of right of way on Kendall Drive in the vicinity of the Castaways restaurant. She stated that staff has had inquiries from the Castaways and County Flood Control for portions of this property once it is vacated. She added that it does not serve any purpose for access uses and staff recommends approval. Council Member/Commissioner McCammack had concerns and asked questions regarding ownership, maintenance, and charging for the property, which were addressed by Valerie Ross, Director of Development Services, and Mayor/Chairman Morris. No public comments were received. 30 04/06/2009 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; that the Findings of Fact, as set forth in the staff report dated February 25, 2009, from Valerie Ross, Director of Development Services, as to why the portion of Kendall Drive (formerly State Highway 206) east of "H" Street is no longer necessary for public street purposes be adopted; and that said resolution be adopted. The motion carried and Resolution No. 2009-81 was adopted with McCammack abstaining. 38. Public Comments Liz Cole, Tennis Director at the Norton Recreation Center, spoke regarding her program and the importance of the recreation center to the community. Mr. Catrone spoke regarding the services being offered at the Norton Recreation Center, stating that the programs provide everything you need to keep healthy and that he hoped the center could be kept open. C. Patience Summers, 868 E. Rialto Ave., San Bernardino, CA, expressed her displeasure with the mayor. Robert Medina, 1539 W. 17lb Street, San Bernardino, CA, commented on the rental inspection program and offered tips to owners and renters relative to the upkeep of their properties. He urged residents to call those who are not taking care of their property; otherwise, to call Code Compliance. 39. Adjournment At 10:20 p.m. the meeting adjourned. The next joint regular meeting is scheduled for 1:30 p.m., Monday, April 20, 2009. RACHEL G. CLARK City Clerk By: ~ 21Lp Linda E. Hartzel Deputy City Clerk 31 04/0612009