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HomeMy WebLinkAbout03-16-2009 Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patriek J. Morris Council Members: Esther Estroda De1l1lis J. Baxter Tobin Brinker 4' Ward - Vocant Chos Kelley Rikke Yon Johoson We~ McCammack ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MARCH 16, 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 Pro Tempore Johnson at 3:02 p.m., Monday, March 16, 2009, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor Pro-Tempore Johnson; Council Members/Commissioners Estrada, Baxter, Brinker, Johnson, McCammack; City Attorney Penman, Interim City Manager Weinberg, City Clerk Clark. Absent: Mayor/Chairman Morris, Council Member/Commissioner Kelley Vacant: Fourth Ward I. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Belinsky v. City, Omnitrans, et al. - United States District Court, Case No. CV 08-8571 PSG (MANx); 1 03/16/2009 James Lewis v. County of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVSS 801605; San Bernardino Police Officers Association, et al. v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVD 902362; Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. - United States District Court, Case No. EDCV 06-1408 V AP; United States Court of Appeals, Ninth Circuit, Case No. 07-56673; Odom v. City of San Bernardino - San Bernardino County Superior Court, Case No. CIVSS 707125; Ross v. City of San Bernardino - San Bernardino County Superior Court, Case No. CIVSS 706911; Town of Apple Valley. et al. v. County of San Bernardino (Waste Disposal Al!;reement Litil!;ation) - Los Angeles County Superior Court, Case No. KC 049711 "J". 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: 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; Acting Assistant Chief of Police; Acting Police Chief General Unit Mid-Management Unit 2 03/16/2009 E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional items would be discussed in closed session: People of the State of California v. Manta Manal!;ement Corporation - San Bernardino County Superior Court Case No. SCVSS 117285. Under Agenda Item No. lB, significant exposure to litigation: Agenda Item No. 34; One case. Under Agenda Item No. lC, initiation of litigation: One case. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence Mayor Pro-Tempore/ Acting Chairman Johnson requested a moment of silence in memory of Marietta White, Mary Booker, and Jack Garner. Invocation/Pledge of Allegiance The invocation was given by Jorge Carlos, Executive Staff Assistant to City Council. The pledge of allegiance was led by Channelle Lay, an 8th grade student at Arrowview Middle School. 2. Appointments There were no commission appointments. 3 03/16/2009 3. Presentations Council Member/Commissioner McCammack presented the Student of the Month Award to Channelle Lay, an 8th grade student at Arrowview Middle School. The following individuals were presented a service pin award by Mayor Pro- Tempore/Acting Chairman Johnson in recognition of their many years of dedicated service to the City: Name Carlos Gonzalez Roberto Lopez Mario Ramirez Department Facilities Management Facilities Management Facilities Management Years of Service 20 20 20 4. Announcements Announcements were made by Mayor Pro-Tempore/Acting Chairman Johnson, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried unanimously with Kelley absent and the Fourth Ward vacant. 6. Claims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated February 26, 2009, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously with Kelley absent and the Fourth Ward vacant. 7. Personnel Actions Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the personnel actions, as submitted by the Chief Examiner, dated March 11, 2009, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried unanimously with Kelley absent and the Fourth Ward vacant. 4 03/16/2009 8. RES. 2009-49 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odium & Haws and the City of San Bernardino in the case of San Bernardino Police Officers Associotion; Richard Lawhead; Carol DonneUy v. City of San Bernardino; and Does 1 through 10, inclusive. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-49 was adopted unanimously with Kelley absent and the Fourth Ward vacant. 9. Resolutions of the Mayor and Common Council and of the Community Development Commission of the City of San Bernardino for Authorization to Execute an Agreement for Reimbursement by the Economic Development Agency for Legal Services provided to the City by the City Attorney on Economic Development Agency issues RES. 2009-57 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement for Reimbursement by the Economic Development Agency for legal services provided to the City by the City Attorney on Economic Development Agency issues. (9 A) RES. CDC/2oo9-9 - Resolution of the Community Development Commission of the City of San Bernardino authorizing the Chairperson to execute an Agreement for Reimbursement by the Economic Development Agency for legal services provided to the City by the City Attorney on Redevelopment ~sues. (9B) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolutions A and B, be adopted. Mayor lind Common Council Resolution No. 2009-57 and Community Development Commission Resolution No. CDC/2009-9 were adopted unanimously with Kelley absent and the Fourth Ward vacant. 10. Amendments to the FY 2008/09 budget related to the City Attorney and Development Services departments Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the Director of Finance be authorized to amend the FY 2008/09 budget as indicated in the staff report from Mark Weinberg, Interim City Manager, dated February 23,2009. The motion carried unanimously with Kelley absent and the Fourth Ward vacant. 5 03/1612009 11. Item deleted 12. RES. 2009-50 - Resolution of the City of San Bernardino establishing fair market value and minimum sale price for a portion of certain City Water Department owned parcel of real property generally located at the intersection of Foothill Drive and Sterling Avenue, and setting a public hearing for April 20, 2009, at 4:00 p.m. to consider said sale. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the Director of Development Services be authorized to proceed with the sale of City Water Department property generally located at the intersection of Foothill Drive and Sterling Avenue, and being a portion of APN 0155-361-25; and that said resolution be adopted. The motion carried and Resolution No. 2009-50 was adopted unanimously with Kelley absent and the Fourth Ward vacant. 13. RES. 2009-58 - Resolution of the City of San Bernardino approving Amendment No. 1 to Consultant Services Agreements with the fIrms of Willdan and Transportation Engineering and Planning, Inc. to provide on- eall traffic engineering services. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-58 was adopted unllnimously with Kelley absent and the Fourth Ward vacant. 14. RES. 2009-51 - Resolution of the City of San Bernardino approving Utility Agreement Nos. 18720, 19740, 21245 and 20887 with the State of California, Department of Transportation (Caltrans) for the relocation of City sewer facilities per Plan Nos. 12574 & 12517 due to the widening of the 1-215 and 1- 210 freeways. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the Director of Finance be authorized to amend the FY 2008/09 budget by appropriating a total of $4,903,200 in expenditures in Account No. 242-362-5504-7848 and a corresponding amount in revenues to be reimbursed by Caltrans for project "SW09-03 1-215 Sewer Relocations;" and that said resolution be adopted. The motion carried and Resolution No. 2009-51 was adopted unanimously with Kelley absent and the Fourth Ward vacant. 6 03/16/2009 15. RES. 2009-52 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Finance Director to increase Purchase Order No. 209400 by an additional $10,000 to Waxie Sanitary Supply for custodial supplies. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-52 was adopted unllnimously with Kelley absent and the Fourth Ward vacant. 16. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a bid for lease purchase fmancing to First Municipal Leasing Corporation for the purchase of twelve (12) refuse trucks. Council Member/Commissioner Estrada asked Finance to provide her with an update of the mid-year budget review so she could see how much money was left in the Integrated Waste Management expenditure savings fund. Council Member/Commissioner McCammack stated that this was not a lease-it was a 7-year bond issue. She stated that this will affect the City's bond rating and the ability to borrow through other types of bonds. Discussion ensued regarding the lease financing for the purchase of the 12 refuse trucks . City Attorney Penman stated that Sr. Assistant City Attorney Wilson had reviewed this as a lease purchase; however, he had not seen the bond docnments that Councilmember McCammack was referring to. He requested that this matter be continued so that his office could review the bond docnments. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of April 20, 2009, in order to give the City Attorney the opportunity to review the docnments and that staff be directed to look at different funding mechanisms. The motion carried IIDlIuimously with Kelley absent and the Fourth Ward vacant. 17. RES. 2009-53 - Resolution of the Mayor and Common Council amending Resolution No. 2006-7 regarding the Lease and Service Agreement with the San Beruardino International Airport Authority. 7 03/16/2009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-53 was adopted unanimously with Kelley absent and the Fourth Ward vacant. 18. RES. 2009-56 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Interim City Manager to execute an agreement for C.I.D. staff and program funding between Friends of C.I.D. and City of San Bernardino. The following individuals spoke in support of the Center for Individual Development (C.LD.) program: Celeste D. William~, 1572 N. Mt. View Avenue, San Bernardino, CA; Tamara Hattis, 1233 Friar Lane, Redlands, CA; Janelle Smith, P.O. Box 6042, Crestline, CA; Delphine Gardner, 2011 Arden Avenue, #112, Highland, CA; J. J. LaBreck, 28577 Village Lakes Rd., Highland, CA; Trudi Roser, 18739 Mojave Street, Hesperia, CA; Fannie Sanders, 26125 23"', Highland, CA; Tracie Coruelison, 2874 N. Wall Avenue, San Bernardino, CA; C. Patience Summers, 868 E. Rialto Avenue, San Bernardino, CA; Dorothy Liedise; Slim Callahan, 3734 E. Pacific, San Bernardino, CA. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-56 was adopted unanimously with Kelley absent and the Fourth Ward vacant. 19. RES. 2009-54 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a new agreement and issnance of a new purchase order in the amount of $14,000 to IWORQ Systems Incorporated for the establishment of remote data collection in the Sewer Maintenance and Graffiti Removal Sections of the Public Services Department. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-54 was adopted unanimously with Kelley absent and the Fourth Ward vacant. 8 03/16/2009 20. RES. 2009-55 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the revised records retention schedule for the City of San Bernardino Municipal Water Department. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-55 was adopted unanimously with Kelley absent and the Fourth Ward vacant. 21. Set a public hearing for Monday, April 6, 2009, at 4:00 p.m. in the City Hall Council Chambers to discuss the adjustment of various user fees and the establishment of new user fees Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke in opposition to the proposed increase of various fees such as animal control and weed abatement. Council Member/Commissioner McCammack requested that the fees relative to the multi-fami1y inspection program be revisited. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Brinker, that a public hearing be set for Monday, April 6, 2009 at 4:00 p.m., in the Council Chambers of City Hall, to discuss the adjustment and establishment of various user fees. The motion carried. Ayes: Estrada, Baxter, Brinker, Johnson. Nays: McCammack. Absent: Kelley. Vacant: Fourth Ward. 22. RES. 2009-59 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager or his designee to accept and admini~ter an award from the Department of Homeland Security (OHS) in the amount of $388,364. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-59 was adopted unllnimously with Kelley absent and the Fourth Ward vacant. 23. Item deleted 24. 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 9 03/16/2009 Mayor Pro-Tempore/Acting Chairman Johnson opened the hearing. Terri Rahhal, Development Services Department Deputy Director/City Planner, stated that the project site is approximately one-half acre and is located on the west side of Sierra Way, between 8th and 9th Streets. The appellant is Human Potential Consultants, LLC (HPC), which provides shelter and career development services including job training, independent living skills, instruction and other support services. She stated that the applicant had originally proposed this project as a 56-bed facility, but after hearing concerns from staff regarding the residential density, the applicant volunteered to reduce the capacity to 36 beds. Another revision proposed voluntarily by the applicant was to accept a time limit on the conditional use permit requiring use to be discontinued upon opening of the Lincoln II Elementary School, which is planned to be constructed at the southwest corner of Sierra Way and 8th Street near the site. Ms. Rahhal stated that the Planning Commission considered this proposal and they heard concerns from neighbors and staff, including the Police Department. Many of the concerns were related to security of the site, measures that would be taken to secure the site, and the potential impacts that residents of the facility might have on the surrounding neighborhood. Police Lieutenant Ronald Maass met with the applicant before the Planning Commission meeting and he also appeared at the Planning Commission hearing to testify. He gave some positive feedback about the program, but advised the Planning Commission against approval of the CUP largely due to the location of the domestic violence shelter in the vicinity of the project site. Ms. Rahhal stated that this is a very sensitive land use due to the fact that a domestic violence shelter relies on a high degree of discretion and anonymity to remain successful in the community. In a memo addressed to the Planning Commission Lt. Maass also cited concerns about the potential impact on police services based on extraordinary calls for service that may be expected to occur in the vicinity. Ms. Rahhal stated that another speaker at the Planning Commission hearing was Velda Griffin, Executive Director of Option House, who provided a brief history of Option House to the Planning Commission and stressed the impact that the presence of a homeless shelter of this type could have on residents of that facility, and also the fact that the residents of a domestic violence shelter are particularly fragile and their well being depends on a sense of security . Ms. Ra1thal stated that the Council received a letter from Protima Pandey, Vice- President of the Board of Directors of Option House, Inc. stating that she and Velda Griffm wanted to address the Council on this matter, but they were called away to Sacramento on some funding issues relative to their operation and could not be present. Ms. Pandey requested that the hearing be continued to April 6, 2009, so they may be given an opportunity to voice their concerns. Ms. Rahhal 10 03/16/2009 requested that this matter be continued to April 6, 2009, to allow additional testimony as requested. Debra Pole, partoer in the law firm of Sidley Austin, 555 W. 5th Street, Los Angeles, CA, representative for HPC on a pro bono basis, made a PowerPoint presentation and distributed hard copies of the presentation to the Council and City officials. The following docnments were submitted into the record by Ms. Pole: . Community Action Partoership of San Bernardino County, San Bernardino County 2007 Homeless Census and Survey Comprehensive Report; . City of San Bernardino Housing Element, dated July 2003; . Index of Docnments Constituting the Record Before the San Bernardino Common Council & Mayor on March 16, 2009: Agenda Item No. 24, Appeal of the Planning Commission's Denial of Human Potential Consultants' Application for Conditional Use Permit No. 08-21 (Appeal No. 08-07). In closing, Ms. Pole stated that the City has an undeniable homeless problem and not nearly enough shelter beds to address the problem, and that the problem is getting worse as the foreclosure pandemic deepens. She stated that HPC provides a service that the City needs and the Planning Commission should not stand in the way of this project. She added that Senate Bill 2 was passed to prevent situations like this one. Ms. Pole advised that HPC was prepared to seek a writ of administrative mandate if the Planning Commission's decision was upheld, which would undoubtedly result in the expenditure of substantial time, effort and expense by both HPC and the City that could be better spent serving the City's homeless population. Ms. Pole stated that this appeal presents important land use, housing policy and homelessness prevention issues. She stated that it also presents the opportunity for the City to be a leader on these issues, set an example for other cities and help meet a stated goal to provide adequate emergency shelters for its underserved homeless population. Ms. Pole requested that the Council overrule the Planning Commission's decision and grant HPC's conditional use permit to operate an emergency homeless shelter at the Sierra Way location. She noted that the addition of this shelter, which would be housed in an already existing structure, would not destroy the integrity or character of the area. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: 11 03/16/2009 Dr. Garnett Newcombe, CEO and Co-Founder of HPC, 500 E. Carson Plaza Drive, Suite 127, Carson, CA, provided information regarding HPC's proposed emergency homeless shelter such as location, potential residents, staff training, funding sources, etc. Dedra Norville, COO of HPC, answered questions posed by members of the Council regarding referral and funding sources for this program. She stated that violent offenders would not be accepted into the program, but they could be on parole or probation. William Long, 840 "D" Street, San Bernardino, CA, Treasurer and Member of the Board of Directors of Option House, Inc., spoke in opposition to the proposed homeless shelter. Darlene Toole, speaking on behalf of Option House, Inc., read the following into the record: . A letter addressed to Mayor Patrick Morris from Protima Pandey, Attorney At Law, Vice-President, Board of Directors, Option House, Inc., dated March 11, 2009; . A letter addressed to Mayor Patrick Morris from Velda Griffin, Executive Director, Option House, Inc., dated March 12,2009. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that there are a lot of homeless people in the City and they need a facility. C. Patience Summers, 868 E. Rialto, San Bernardino, CA, stated that the proposed homeless shelter should not be allowed to move in next to Option House. Council Member/Commissioner Estrada stated that they had received a lot of information and she was not ready to vote. She asked that the City Attorney's Office review the matter further. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/Commission meeting of April 6, 2009, in order to allow further review by the City Attorney's office. The motion carried unanimously with Kelley absent and the Fourth Ward vacant. 12 03/16/2009 25. Norton Space and Aeronautics Academy - Reimbursement Agreement for WaiverlReimbursement of Fees (Continued from December 1, 2(08) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of July 6,2009. The motion carried unanimously with Kelley absent and the Fourth Ward vacant. 26. 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, fll'e 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 (MOU). (Continued from March 2, 2009) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of April 6, 2009. The motion carried unanimously with Kelley absent and the Fourth Ward vacant. 27. Municipal Code Section 2.01.010 Mayor Pro-Tempore - Election of Mayor Pro-Tempore Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, nominating Council Member/Commissioner Rikke Van Johnson to serve as Mayor Pro-Tempore until March 15, 2010. No vote was taken. Council Member/Commissioner McCammack requested that this item be postponed to the next Council meeting when Councilman Kelley and the newly- elected Fourth Ward Council Member would be present. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of April 6, 2009. The motion carried unanimously with Kelley absent and the Fourth Ward vacant. 13 03/16/2009 COMMUNITY DEVELOPMENT COMMISSION Present: Mayor Pro-Tempore/Acting Chairman Johnson; Council Members/ Commissioners Estrada, Baxter, Brinker, Johnson, McCammack; City Attorney Penman, Economic Development Agency Interim Executive Director Marzullo and Agency Council Sabo; City Clerk Clark. Absent: Council Member/Commissioner Kelley Vacant: Fourth Ward R28. Public Hearing - ERAF Redevelopment Project Area Plan Amendments Ordinance of the City of San Beruardino extending the time limit to 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 rmdings in connection therewith (State College Redevelopment Project Area) (R28A) Ordinance of the City of San Bernardino extending the time limit to 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 rmdings in connection therewith (Central City North Redevelopment Project Area) (R28B) Ordinance of the City of San Bernardino extending the time limit to 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 rmdings in connection therewith (Central City West Redevelopment Project Area) (R28C) Ordinance of the City of San Bernardino extending the time limit to 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 rmdings in connection therewith (Southeast Industrial Park Redevelopment Project Area) (R28D) 14 03/16/2009 Ordinance of the City of San Bernardino extending the time limit to 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 m..king other fmdings in connection therewith (Northwest Redevelopment Project Area) (R28E) Ordinance of the City of San Bernardino extending the time limit to 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) (R28F) Ordinance of the City of San Bernardino extending the time limit to 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) (R28G) Ordinance of the City of San Bernardino extending the time limit to 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 fmdings in connection therewith (Meadowbrook/Central City Redevelopment Project Area) (R28H) Ordinance of the City of San Bernardino extending the time limit to 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 m..king other fmdings in connection therewith (Central City South Redevelopment Project Area) (R28I) Ordinance of the City of San Bernardino extending the time limit to 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) (R28J) Note: No backup materials were distributed. 15 03/16/2009 Mayor Pro-Tempore/Acting Chairman Johnson opened the hearing. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/Commission meeting of April 6, 2009. The motion carried unanimously with Kelley absent and the Fourth Ward vacant. R29. Master Cooperative Agreement for the sbX Bns Rapid Transit Project by Omnitrans (Continued from March 2, 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 Omnitrans (sbX Bus Rapid Transit Project). (R29A) 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 to execute a Master Cooperative Agreement by and between the Agency and Omnitrans (sbX Bus Rapid Transit Project). (R29B) Note: Resolution No. R29A was not distributed with the backup materials. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of April 6, 2009. The motion carried unanimously with Kelley absent and the Fourth Ward vacant. R30. RES. CDC/2009-10 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Professional Services Agreement by and between the Agency and The Fransen Company, for the preparation of a CommerciallRetail Strategy and develop a Marketing Potential Report for the Downtown Core ConceptNision Plan in the amount not to exceed $110,000. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. CDC/2oo9-10 was adopted unanimously with Kelley absent and the Fourth Ward vacant. 16 03/1612009 R31. Application for Community-Based Transportation Planning (CBTP) Grant Program Funds RES. 2009-60 - Resolution of the Mayor and Common Council of the City of San Bernardino consenting and approving the Interim City Manager of the City of San Bernardino ("City") to submit an application to Caltrans for Community-Based Transportation Planning (CBTP) Grant Program Funds. (R31A) RES. CDC/2009-11- 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 submit sub-recipient documents for Community- Based Transportation Planning (CBTP) Grant Program Funds. (R31A) Council Member/Commissioner McCammack asked if she could get a list of what was included in this grant application process and requested that that information be provided to the Council in the future. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said resolutions A and B, be adopted. Mayor and Common Council Resolution No. 2009-60 and Community Development Commission Resolution No. CDC/2009-11 were adopted unanimously with Kelley absent and the Fourth Ward vacant. 32. Public Comments Rev. Betty J. Long, 854 N. Lugo Avenue, San Bernardino, CA, reported that she was robbed of some clothing and money and asked that it be returned. C. Patience Summers, 868 E. Rialto Avenue, San Bernardino, CA, stated that the City's graffiti problem is getting worse and there should be a law that requires that the kids who are responsible be held accountable by making them buy the paint and clean up the mess. She also spoke about the Operation Phoenix program. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that the City has bigger problems than just graffiti. He spoke about the current state of the economy and stated that someone needs to figure out how to bring the industrial base back to this county and back to this community. 17 03/16/2009 33. AdjourDIDent At 7:27 p.m., the meeting adjourned. The next joint regular meeting is scheduled for 1:30 p.m., Monday, April 6, 2009. RACHEL G. CLARK City Clerk Byr1~A )~~-v~/ Linda Sutherland Deputy City Clerk 18 03/16/2009