HomeMy WebLinkAbout04-06-2009 Minutes
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CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrkk J. Morris
Council Members:
Esther Estralkl
Dennis J. Baxter
Tobin Brinker
Fred Shorelt
Chas Kelley
ROcke Van Johnson
Went!Y McCammack
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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 "D" Street, San Bernardino, California.
Roll Call
Present:
Absent:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Kelley, Johnson, McCarnmack; Councilman-elect
Shorett; City Attorney Penman, Assistant City Manager Sassoon, City
Clerk Clark.
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-Store It, et aI. - San
Bernardino County Superior Court, Case No. CIVSS 816400;
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The People of the State of California v. City of San Bernardino/George
N. Voss, et al. - San Bernardino County Superior Court, Case No.
CIVSS 811831;
Frank Ingram, III, 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
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Conference with legal counsel - anticipated litigation - InitIatIon of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
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City of San Bernardino v. California State University
D.
Closed Session - personIlel - pursuant to Government Code Section
54957:
Chief of Police
Legal Secretary 1- Section 54957(b)(1)
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.
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City Attorney Pemnan amIounced 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 circumstances
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
circumstances need not be disclosed: One item.
Reading of Resolntions & 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.
Invocation/Pledge of Allegiance
The invocation was given by Rabbi Emeritus Hillel Cohn of Congregation Emanu El.
The pledge of allegiance was led by Councilman-elect Shorett's daughters, JenIlifer and
Katherine Shorett.
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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 Nunez, 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 McCarnmack, that the appointInent of Martha L.
Pinckney to the BicentenIlial Ad Hoc Committee, as requested by Mayor
Morris, be approved. The motion carried unanimously.
3. Proclamations & Presentations
The Inland Empire Scottish Society bagpipers presented several musical
selections followed by Council Member/Commissioner McCarnmack's
presentation of a proclamation designating April 6, 2009 as Tartan Day in the
City of San Bernardino.
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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 Onmitrans,
provided information regarding the Bus Rapid Transit Project (SBx Project) and
anIlounced 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
AnIlouncements 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
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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.
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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 & Payroll
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.
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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
unanimously.
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the personIlel actions, as submitted by the
Chief Examiner, dated April I, 2009, in accordance with Civil Service rules and
PersonIlel policies adopted by the Mayor and Common Council of the City of
San Bernardino, be approved and ratified. The motion carried unanimously.
9. RES. 2009-63 - 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 unanimously.
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 17'" 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 unanimously.
II. 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.
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Council Member/Commissioner Johnson 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 DepartInent; however, he would need to see the agreement relative
to what we can do insofar as other entities are concerned.
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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 DepartInent 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 aud an increase to a purchase
order to Brett Carlson Construction with up to three (3) one-year extensious
at the City's option for board-up services in the city.
Council Member/Commissioner Johnson 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
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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 (SS04-12)
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#54C0066).
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 40th 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
40th 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.
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18.
Amendments to the Side Letter Agreements with General and Mid-
Management employees' bargaining units
RES. 2009-68 - Resolution of the City of San Bernardino approving a Side
Letter to Resolution No. 2005-75 for full-time, non-safety, General Unit
employees, adding language to Article III, 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 full-time, non-safety, Middle
Management Unit employees, adding language to Article III,
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 Police Management Association regarding budget
concessions.
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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.
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Council Member/Commissioner McCarnmack 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 McCarnmack 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 unanimously.
21.
RES. 2009-75 - Resolution 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 Johnson 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 McCarnmack 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 unanimously.
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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 McCarnmack 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 final adoption. The motion carried unanimously.
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.
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Council Member/Commissioner McCarnmack 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 administratively 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. 2009-76 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 repealing 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.
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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, Health/Related 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 VII, General Provisions, Section 2, Term of
Memorandum of Understanding (MOO). (Continued from March 16, 2009)
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be tabled. The motion
carried unanimously.
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 McCarnmack made a substitute motion,
seconded by Council Member/Commissioner Estrada, to elect 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 unanimously.
28.
Receive and fIle - 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.
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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 unanimously.
28A.
RES. 2009-77 - Resolution of the Mayor and Common Council of the City
of San Bernardino designating 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 unanimously.
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Shorett, Kelley, Johnson, McCarnmack; 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, 5, 6, & 7
Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the State College Redevelopment Plan; extending the time
limit for payment of indebtedness and receipt of property taxes under the
redevelopment plan for the State College 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 making other fmdings 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 making other fmdings in connection therewith (Central City
West Redevelopment Project Area). FIRST READING (R29C)
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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 connection
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
making other fmdings in connection therewith (Northwest Redevelopment
Project Area). FIRST READING (R29E)
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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
making other fmdings 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 Valle Redevelopment Plan; extending the time
limit for payment of indebtedness and receipt of property taxes under the
redevelopment plan for the South Valle Redevelopment Project Area; and
making other fmdings in connection therewith (South Valle 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 making other findings in connection
therewith (Meadowbrook/Central City Redevelopment Project Area).
FIRST READING (R29H)
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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 making other fmdings in connection therewith (Central City
South Redevelopment Project Area). FIRST READING (R29I)
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R30.
Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the Central City East Redevelopment Plan; extending the
time limit for payment of indebtedness and receipt of property taxes under
the redevelopment plan for the Central City East Redevelopment Project
Area; and making other fmdings in connection therewith (Central City East
Redevelopment Project Area). FIRST READING (R29J)
The hearing remains open.
Council Member/Commissioner McCarnmack 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.
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 corner of
"G" and 4th Streets (APNs: 0134-093-019, 20 and a portion of 45) to
TELACU Housing - San Bernardino V, Inc. for the development of 75-Unit
Affordable Senior Citizen Rental Housing (Central City North
Redevelopment Project Area). (R30A)
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). (R30B)
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R31.
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 Councill
Commission meeting of May 4, 2009. The motion carried unanimously.
Public Hearing - Maya Cinemas North America, LLC - HOD 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 McCarnmack asked what sources the City
would use to fund the loan payments on the 108 loan, if at the end of three years
Maya canIlot get another loan to refinance the project.
Agency Counsel Sabo advised that Maya does have an obligation to refmance 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. McCarnmack's scenario
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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.
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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 McCarnmack 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.
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Ms. McCarnmack asked approximately how much that was anIlually.
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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 amIual 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.
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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 canIlot
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.
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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 deja vu-this was the third
time the City has had to refinance and corne 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
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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
runIling." And they got the theatre up and runIling. 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.
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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 CamIot 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.
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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 McCammack 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 - Resolution of the Mayor and Common Council 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 taking other actions in connection
therewith (Southeast Industrial Park and IVDA Redevelopment Project
Areas). (R32A)
Resolution of the Community Development Commission 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 Mazda/Mitsubishi. 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:
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R33.
1.
2.
One (1) parcel- 735 Show Case Drive South;
Three (3) parcels - South Show Case Drive, 735 Show Case Drive
North, and 650 Auto Center Drive;
One (1) parcel - 645 Auto Center Drive.
3.
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 commitInent 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.
Master Cooperative Agreement for the sbX Bus Rapid Transit Project by
Ornnitrans (Continued from March 16, 2009)
Resolution of the Mayor and Common Council 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 Ornnitrans
(sbX Bus Rapid Transit Project). (R33A)
Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Interim Execntive 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 McCarnmack stated that she would abstain
because Omnitrans is one of her clients.
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R34.
R35.
36.
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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 I, 2009. The motion carried with
McCammack abstaining.
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 Council of the City
of San Bernardino authorizing the payment of certain contract amounts
through the Redevelopment Agency of the City of San Bernardino 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 PlamIing 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.
Update/Presentation on the San Bernardino Downtown Core Vision/Action
Plan by EDA W, Inc.
Vaughn Davies of EDA W, Inc. provided a PowerPoint presentation/update on
the Downtown Core Vision/Action Plan project. He anIlounced 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
EDA W, Inc. The motion carried unanimously.
Appeal Hearing - Conditional Use Permit No. 08-21 (Appeal No. 08-07) -
Appeal of the Planning Commission's denial of a Conditional Use Permit to
convert an existing 6,747 square foot church building into a 56-bed
homeless shelter with related support facilities and office space located at
840 North Sierra Way in the RM, Residential Medium, land use district
(Continued from March 16,2009)
The hearing remains open.
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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 Ra11hal, Development Services Deputy Director/City PlanIler, stated that
this item was an appeal of the PlamIing 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 Power Point
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.
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Ms. Ra11hal 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 beginIling 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.
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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
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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.
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Ms. Ra11hal 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 I, 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 corne 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. Ra11hal 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 PlanIling 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:
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The following individuals urged the Council 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.
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The following individuals urged the Council to 2rant the appeal:
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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 resident of HPC.
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.
Chanelle 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.
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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. Ra11hal confirmed that an elementary school is plamIed 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 commitInent 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.
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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 McCarnmack stated that one of the pieces of
information in the backup defines emergency shelters, and based on that
defmition, 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 PlanIler Ra11hal 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 defmition is that it serves those who are
not able to pay.
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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.
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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 PlamIing
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 PlamIing 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. Pemnan stated that City Planning Department personIlel 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.
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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 fmding 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 DepartInent 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.
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We could require that the applicant provide the Police DepartInent 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 DepartInent prior to opening; and the approval would
be based on objective standards, qualifications and training of security
personIlel, 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.
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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 PlamIing Commission's decision and then deal with the
lawsuit, or make a decision not to risk having a court let the facility corne in
without having any restrictions and grant the appeal with conditions.
If the Council wanted to do the second choice, Mr. Pemnan 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.
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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.
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Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner 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 office and come back to the
meeting of April 20, 2009, with conditions to substantially mitigate issues
the Council is concerned about, at which time the Council 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
mamIer-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 corne
back with some 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.
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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 homeless 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. McCarnmack's
motion that they give staff the opportunity to examine this matter further and
perhaps corne 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 corning 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.
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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.
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37.
Ms. McCarnmack 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 Council Member/Commissioner McCammack and
seconded by Council Member/Commissioner Brinker, carried unanimously.
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 McCarnmack 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.
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38.
39.
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 Resolntion No. 2009-81 was adopted with McCammack
abstaining.
Public Comments
Liz Cole, TenIlis 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. 17"' 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.
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:hF~
Linda E. Hartzel
Deputy City Clerk
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