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HomeMy WebLinkAbout04-04-2005 Reg. Agenda CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Judith Valles Council Members: Esther Estrada Susan Longville Gordon McGinnis Neil Derry Chas Kellev Rikke Van Johnson Wendy McCammack AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO MONDAY, APRIL 4,2005 - 1:30 P.M. COUNCIL CHAMBERS The City of San Bernardino recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Director of Facilities Management (384-5244) two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. CALL TO ORDER. PRESENT ABSENT PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-rmnute lIrmtatIOn shall apply to each member of the publIc who wIshes to address the Mayor and Common CouncIlICommumty Development COmmISSIOn. No member of the publIc shall be penmtted to "share" ills/her three rmnutes wIth any other member of the publIc CLOSED SESSION 1 Pursuant to Government Code SectIOn(s) 1 04/04/2005 MOTION: That the Mayor and Common CouncIl and Commumty Development COmmISSIOn recess to closed seSSIOn for the followmg A Conference wIth legal counsel - eXIstmg lItIgatIOn - pursuant to Government Code SectIOn 54956 9(a) People of the State of CalIfornIa v Manta Management CorporatIOn, et ~ - San Bernardmo Supenor Court Case No SCV 18157, Stephen Peach, Reyna Peach v CIty of San Bernardmo, et al - San Bernardmo Supenor Court Case No SCVSS 121993, CIty of San Bernardmo, et al v Valene Pope-Ludlam, et al - San Bernardmo Supenor Court Case No SCVSS 108965 B Conference wIth legal counsel - antIcIpated lItIgatIOn - sIgmficant exposure to lItIgatIOn - pursuant to subdIVISIOn (b) (1), (2), (3) (A-F) of Government Code SectIOn 54956 9 BICEP Issues San Bernardino City Professional FirefiRhters Local No. 891 v. City of San Bernardino, Larry Pitzer, et al. Harold E. Sykes v. City of San Bernardino, et al. C Conference wIth legal counsel - antIcIpated lItIgatIOn - ImtIatIOn of lItIgatIOn - pursuant to subdIvIsIOn (c) of Government Code SectIOn 54956 9 D Closed SessIOn - personnel - pursuant to Government Code SectIOn 54957 Appoil1tmel1t PublIc ServIces DIrector E Closed seSSIOn wIth Cillef of PolIce on matters posmg a threat to the secunty of publIc bUIldmgs or threat to the publIc's nght 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 2 04/04/2005 1 Contmued. (Item COl1til1ued 011 Next Page) G Conference wIth real property negotiator - pursuant to Government Code SectIOn 54956 8 1 Property Negotiating Parties Under Negotiation. 2 Property Negotiating Parties Under Negotiation. 247 W Third Street Judith Valles, Mayor, on behalf of the Redevelopment Agency, property owners, and Gerry Newcombe, Deputy Administrative Officer, on behalf of the County of San Bernardino Purchase price, terms and conditions That parcel consisting of approximately 67 75 acres identified as Parcel 1-2 at the San Bernardino International Airport, and generally bounded by Harry Sheppard Boulevard, Del Rosa Drive, Paul Villasenor Boulevard, and Memorial Drive Don Rogers on behalf of the Inland Valley Development Agency David Newsom on behalf of Hillwood/San Bernardino LLC Bruce Varner on behalf of Stater Bros Markets James F Penman on behalf of the City of San Bernardino Terms and conditions Uptown Redevelopment Project Area 3 Property Owner/Seller Buyer APN 0145-242-32 and APN 0145-242-33 Mayor Judith Valles, on behalf of the Redevelopment Agency of the City of San Bernardino, property owner(s) San Bernardino City Unified School District (" District") 4 Property Address Central City North Redevelopment Project Area APN 0134-054-07 Negotiating Parties Gary Van Osdel, Executive Director, on behalf of the Redevelopment 3 04/04/2005 1 Continued Under Negotiation. 5 Property Address Negotiating Parties Under Negotiation. 6 Property Address Negotiating Parties Under Negotiation. 40th Redevelopment Project Area 7 Property Address Negotiating Parties Under Negotiation. 8 Property Address Negotiating Parties Under Negotiation. 9 Property Address Negotiating Parties 4 Agency, and The Salvation Army, property owner(s) Purchase price, terms, and conditions 770 West 5th Street APN 0134-054-26 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Raul M Najera and Catalina A Barrera Cantoran, property owners Purchase price, terms and conditions 637 West 5th Street APN 0134-101-02 and 0134-101-03 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and San Bernardino School Property, property owner(s) Purchase price, terms, and conditions 251 East 49th Street APN 0154-126-01 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Sandra Maxey, property owner(s) Purchase price, terms, and conditions 255 East 49th Street APN 0154-126-02 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Frank Marques, property owner(s) Purchase price, terms, and conditions 259 East 49th Street APN 0154-126-03 Gary Van Osdel, Executive Director, on behalf of the Redevelopment 04/04/2005 1 Continued 10 11 12 13 Under Negotiation. Property Address Negotiating Parties Under Negotiation. Property Address Negotiating Parties Under Negotiation. Property Address Negotiating Parties Under Negotiation. Property Address Negotiating Parties Under Negotiation. Agency, and Maribel Torres, property owner(s) Purchase price, terms, and conditions 267 East 49th Street APN 0154-126-25 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Oscar Palomera, property owner(s) Purchase price, terms and conditions 299 East 49th Street APN 0154-126-30 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Scott C Mueller, property owner(s) Purchase price, terms, and conditions 288 East 49th Street APN 0154-125-07 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Richard and Kristin Mungo, property owner(s) Purchase price, terms, and conditions 292 East 49th Street APN 0154-125-06 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Lance Fisher, property owner(s) Purchase price, terms, and conditions 5 04/04/2005 (Item Continued on Next Page) 1 Continued Verdemont Area - Bice Property 14 Property Address APN 0261-111-21, 23, 25, 29, 30, 33, 35 and 40, 0261-121-01, 02, 03, 13 and 14, 0261-451-01 through 48, and 0261-461-01 through 66 N/S Frontage Road, 1,000:t feet w/o North Little League Drive Negotiating Parties Century Crowell Communities, LP, Purchaser, San Bernardino County Tax Collector, and Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, property owner Under Negotiation. Purchase price, terms, and conditions END OF CLOSED SESSION 6 04/04/2005 RECONVENE MEETING - 3:00 P.M. PRESENT ABSENT INVOCATION PLEDGE 2 Appomtments A Ammal Control COmmISSIOn - MarIlyn Sauer - Mayor Valles (See Attached) B Ammal Control COmmISSIOn - Alternate Member - Bud Coffey - Mayor Valles (See Attached) C Board of PolIce COmmISSIOners - Scott Beard - CouncIl Member McCammack. (See Attached) MOTION: That the appomtments of MarIlyn Sauer and Bud Coffey (Alternate) to the Ammal Control COmmISSIOn and Scott Beard to the Board of PolIce COmmISSIOners, as requested by Mayor Valles and CouncIl Member McCammack, be approved. 3 PresentatIOns 4 Announcements by Mayor and Common CouncIl All Consent Calendar items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or other interested persons so request, in which event the item will be removed from the Consent Calendar and considered in its nonnal sequence on the agenda. Infonnation concerning Consent Calendar items is available for public review. CONSENT CALENDAR MOTION: That the motIOns mdIcated by consent calendar Items 5 through 19, be adopted except for _, _, _, _, and _ 7 04/04/2005 5 WaIve full readmg of resolutIOns and ordmances MOTION: That full readmg of the resolutIOns and ordmances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common CouncIlICommumty Development COmmISSIOn and San Bernardmo CIty Housmg Authonty, be waIved. 6 CouncIl Mmutes (See Attached) MOTION: That the rmnutes of the followmg meetmgs of the Mayor and Common CouncIlICommumty Development COmmISSIOn of the CIty of San Bernardmo be approved as subrmtted m typewntten form. March 7, 2005 (Special Meetil1g) (Distributed 011 3/23/05) March 7, 2005 (Distributed 011 3/25/05) 7 Personnel ActIOns (See Attached) MOTION: That the personnel actIOns, as subrmtted by the Cillef Exarmner, dated March 29, 2005 m accordance wIth CIvil ServIce rules and Personnel polIcIes adopted by the Mayor and Common CouncIl of the CIty of San Bernardmo, be approved and ratIfied. City Attorl1ey LAID OVER FROM MARCH 21, 2005 8 An Ordmance of the CIty of San Bernardmo amendmg SectIOn 8 24 010 of the San Bernardmo MumCIpal Code, DefimtIOns regardmg dumpmg garbage, rubbIsh, recyclable dIscards, or greenwaste on another's property FINAL READING (Backup material was distributed 011 March 21,2005, Item No. 21.) MOTION: That saId ordmance be adopted. 8 04/04/2005 LAID OVER FROM MARCH 21, 2005 9 An Ordmance of the CIty of San Bernardmo amendmg SectIOn 8 15 020 of the San Bernardmo MumCIpal Code, DefimtIOns regardmg lItter, and SectIOn 8 15 170 (B) of the San Bernardmo MumCIpal Code regardmg enforcement. FINAL READING (Backup material was distributed 011 March 21, 2005, Item No. 22.) MOTION: That saId ordmance be adopted. 10 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the executIOn of a ProfessIOnal ServIces Agreement between Mundell, Odium & Haws and the CIty of San Bernardmo m the case of Tom Gronewald, Jean Gronewald v. City of San Bernardino, et al. (See Attached) MOTION: That saId resolutIOn be adopted. City Clerk 11 RevIew and take actIOn regardmg the need for contmumg m effect the local emergency caused by the Old Waterman Canyon Fire pursuant to Government Code SectIOn 8630 (c)( 1) MOTION: That the Mayor and Common CouncIl confirm the need for contmumg m effect the local emergency caused by the Old Waterman Canyon Fire Developmel1t Services 12 ResolutIOn of the CIty of San Bernardmo amendmg ResolutIOn No 8234 entItled, m part, "A ResolutIOn. establIsillng parkmg tIme lIrmtatIOns upon certaIn desIgnated streets or alleys, or portIons thereof "and authonzmg the changmg of the tIme lIrmtatIOn from one hour to tillrty rmnutes on the east sIde of "E" Street between Court Street and Fourth Street. (See Attached) (Cost to the City -- $500 from the Gel1eral FUl1d.) (Resolutiol1 110t available at time of pril1til1g.) Ward 1 MOTION: That saId resolutIOn be adopted. 9 04/04/2005 13 AuthonzatIOn to proceed and approval of Plan No 11409 - proposed vacatIOn of portIons of 19th Street and varIOUS alleys south of 20th Street, east of GuthrIe Street. (See Attached) (No cost to the City -- $1,200 processil1g fee paid by applical1t.) Ward 7 MOTION #1: That the DIrector of Development ServIces and the CIty Clerk be authonzed to proceed wIth the proposed vacatIOn of portIons of 19th Street and varIOUS alleys south of 20th Street, east of GuthrIe Street, and MOTION #2: That Plan No 11409 showmg the proposed vacatIOn of portIons of 19th Street and varIOUS alleys south of 20th Street, east of GuthrIe Street, be approved. 14 AuthonzatIOn to proceed - sale of Water Department property located on the northeast corner of Pme and Belmont Avenues and southeast corner of Oillo & Pme Avenues (See Attached) (No cost to the City.) Ward 5 MOTION: That the DIrector of Development ServIces be authonzed to proceed wIth the sale of CIty property located at the northeast corner of Pme and Belmont Avenues and southeast corner of Oillo and Pme Avenues, also known as Assessor's Parcel Numbers 0261-101-16 & 17 15 AuthonzatIOn to proceed - sale of Water Department property located on the southeast corner of MacKay Dnve and "D" Street. (See Attached) (No cost to the City.) Ward 3 MOTION: That the DIrector of Development ServIces be authonzed to proceed wIth the sale of CIty property located at the southeast corner of MacKay Dnve and "D" Street, also known as Assessor's Parcel Number 0141-311-21 Fil1al1ce 16 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the extensIOn of the agreement between the CIty of San Bernardmo and Conrad and Associates, L L P for a two year penod, FY 04-05 and FY 05- 06, for the provIsIOn of FinancIal AudItmg ServIces (See Attached) (Cost to the City -- $55,760 for FY 04-05 al1d $56,880 FY 05-06 from the Gel1eral FUl1d.) (Resolutiol1l1ot available at time of pril1til1g.) 10 04/04/2005 MOTION: That saId resolutIOn be adopted. Fire 17 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the Purchasmg Manager or desIgnee to mcrease Allstar Fire EqUIpment Inc annual purchase order for protectIve clotillng and eqUIpment for structural firefightmg (See Attached) (Cost to the City -- $20,000 from the Gel1eral FUl1d.) (Resolutiol1l1ot available at time of pril1til1g.) All Wards MOTION: That saId resolutIOn be adopted. 18 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo amendmg the Fire Apparatus Replacement Program Schedule (See Attached) (Cost to the City -- $210,327 il1 CDBG fUl1dil1g for FY 06/07.) (Resolutiol1 110t available at time of pril1til1g.) All Wards MOTION: That saId resolutIOn be adopted. Humal1 Resources 19 ResolutIOn of the CIty of San Bernardmo Implementmg a Memorandum of Understandmg between the CIty of San Bernardmo and employees m the General BargaImng Umt of the City of San Bernardmo represented by San Bernardmo PublIc Employees ASSOCiatIOn (SBPEA)) (See Attached) (Cost to the City -- $341,300 for FY 04/05 al1d $894,700 for FY 05/06 from various fUl1ds.) (Resolutiol1l1ot available at time of pril1til1g.) MOTION #1: That saId resolutIOn be adopted, and MOTION #2: That the DIrector of Finance be authonzed to transfer $268,600 from the FY 200412005 General Government Budget to departments that are funded wIth General Funds and willch have General Umt employees Also, all non-general fund budgets are to be amended, as necessary, as outlmed m the staff report dated March 25, 2005, from Linn LIvmgston, DIrector of Human Resources 11 04/04/2005 END OF CONSENT CALENDAR COMMITTEE CONSENT Recommel1ded for approval at the Gral1ts Committee 011 March 15, 2005 - Members presel1t: McCammack, Estrada al1d LOI1~ville Developmel1t Services 20 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the subrmttal of eIght (8) proJect applIcatIOns for FY 2005/06 Hazard ElIrmnatIOn Safety (HES) Program fundmg (See Attached) (Gral1t FUl1dil1g requested: $508,950; if all projects are approved, local match requiremel1t of $56,550 (10%) would come from the Traffic Systems COl1structiol1 FUl1d.) (Resolutiol1l1ot available at time of pril1til1g.) Wards 1,2,3,6&7 MOTION: That saId resolutIOn be adopted. Fire 21 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the subrmttal of a grant applIcatIOn to the Department of Homeland Secunty m the amount of $150,687 (See Attached) (Gral1t fUl1dil1g requested $120,550 [80%]; if awarded, City's match will be $30,137 [20%]) (Resolutiol1l1ot available at time of pril1til1g.) All Wards MOTION: That saId resolutIOn be adopted. Heard at the Ways al1d Meal1s Committee 011 March 23, 2005 - Members presel1t: McCammack al1d LOI1~ville 22 ResolutIOn authonzmg the Issuance of one or more senes of PenSIOn OblIgatIOn Bonds, approvmg the form of and authonzmg the executIOn and delIvery of a Trust Agreement, and authonzmg a valIdatIOn actIOn and other matters relatmg thereto (Document not aVaIlable at tIme of pnntmg) (Origil1al backup was material distributed 011 March 7, 2005, Item No. 1 011 the Special Meetil1g Agel1da.) MOTION: That saId resolutIOn be adopted. 23 ReceIve and file FY 2004-2005 MId-Year Budget Report. (See Attached) 12 04/04/2005 MOTION: That the FY 2004-2005 MId-Year Budget Report be receIved and filed. Recommel1ded for approval at the Persol1l1el Committee meetil1~ 011 March 28, 2005 - Members presel1t: McCammack, LOI1~ville al1d McGil1l1is 24 Create three posItIOns of Development ServIces TechmcIan m the Development ServIces Department. (See Attached) (Cost to the City - $24,000 from the Gel1eral FUl1d.) MOTION #1: That the Mayor and Common CouncIl approve the creatIOn of three Development ServIces TechmcIan posItIOns, Range 1386, ($3,044 to $3,700 per month), and MOTION #2: That the Human Resources Department be authonzed to update ResolutIOn Nos 6413 and 97-244 to reflect tills actIOn. END OF COMMITTEE CONSENT PUBLIC HEARINGS CONTINUED FROM MARCH 21, 2005 TO BE HEARD AT 4:00 P.M. Developmel1t Services 25 PublIc hearmg - resolutIOn ordenng work - Orange Show Road and Arrowhead Avenue Landscape MaIntenance Assessment DIstnct No 1038 (Parcel No 16222) (Backup material was distributed 011 February 7, 2005, Item No. 18; item was cOl1til1ued to February 22, 2005, Item No. 17; item was cOl1til1ued to March 7, 2005, Item No. 18, al1d item was cOl1til1ued to March 21, 2005, Item No. 31.) ResolutIOn of the CIty of San Bernardmo findmg and detenmmng the eXIstence of less than a maJonty protest, that ballots representmg at least fifty percent (50%) affirmatIve votes for the proposed assessment have been receIved and that the publIc convemence and necessIty reqUIre the maIntenance of landscapmg m the area of Orange Show Road and Arrowhead Avenue, approvmg the Final Engmeer's Report, creatmg an assessment dIstnct to cover the costs of saId maIntenance, known as Assessment DIstnct No 1038 ordenng the work, confinmng the 2005-2006 Assessment Roll, and detenmmng that the SpecIal 13 04/04/2005 Assessment InveStIgatIOn, LIrmtatIOn and MaJonty Protest Act of 1931 shall not apply The hearil1g remail1s opel1 . . . MOTION: That the matter be contmued to Apn118, 2005 STAFF REPORTS Police 26 ResolutIOn approvmg a Lease and ServIces Agreement wIth Nestor Traffic Systems, Inc , for a Traffic SIgnal ViolatIOn Video Enforcement System, and a ResolutIOn approvmg an Addendum to the MaIntenance Agreement for Traffic SIgnal Red Light Enforcement EqUIpment m State Routes m the CIty of San Bernardmo wIth Caltrans (Documel1t 110t available at time of pril1til1g.) (Cost to the City -- it is al1ticipated that revel1ue will offset the cost for this program. ) A ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo approvmg a Lease and ServIces Agreement wIth Nestor Traffic Systems, Inc , for a Traffic SIgnal ViolatIOn Video Enforcement System. (Resolutiol1l1ot available at time of pril1til1g.) B ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo approvmg an Addendum to MaIntenance Agreement for Traffic SIgnal Red Light Enforcement EqUIpment m State Routes m the CIty of San Bernardmo wIth Caltrans (Resolutiol1 110t available at time of pril1til1g.) MOTION: That saId resolutIOns A & B, be adopted. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Recommel1ded for approval at the Redevelopmel1t Committee Meetil1~ 011 March 22, 2005 - Committee Members Presel1t: Estrada, LOI1~ville al1d McGil1l1is R27 ResolutIOn of the Commumty Development COmmISSIOn of the CIty of San Bernardmo, CalIfornIa, approvmg Amendment No 1 to the agreement wIth Conrad and Associates, L L P , and authonzmg executIOn thereof, provIdmg for a two year extensIOn to perform financIal audIt servIces for the Econormc 14 04/04/2005 Development Agency (Documel1t al1d Resolutiol1 110t available at time of pril1til1g.) (Cost to the Agel1cy -- $69,330 [for services for years el1dil1g 6/30/2005 al1d 6/30/2006] MOTION: That saId resolutIOn be adopted. TO BE HEARD AT 5:00 P.M. R28 Hearmg - resolutIOn of publIc mterest and necessIty for acqUIsItIOn of real property - 514 N Mt. V ernon Avenue (Documel1t 110t available at time of pril1til1g.) (Cost to the Agel1cy - approximately $209,250 from the Mt. Verl1ol1 BOl1d proceeds.) Ward 1 ResolutIOn of the Commumty Development COmmISSIOn of the CIty of San Bernardmo declarmg the publIc mterest and necessIty of acqUIsItIOn of real property by the Redevelopment Agency of the CIty of San Bernardmo for Commumty Redevelopment purposes over the property known as 514 North Mt. Vernon Avenue, San Bernardmo, CalIfornIa (AP# 0138-115-06) m the Mt. Vernon Corndor Redevelopment ProJect Area. (Resolutiol1 110t available at time of pril1til1g.) Mayor to opel1 the hearil1g . . . MOTION: That the hearmg be closed, and that saId resolutIOn be adopted. TO BE HEARD AT 5:00 P.M. R29 Hearmg - resolutIOn of publIc mterest and necessIty for acqUIsItIOn of real property - northwest corner of RIalto Avenue and Allen Street. (Documel1t 110t available at time of pril1til1g.) Ward 1 (Sal1 Berl1ardil1o City Housil1g Authority) ResolutIOn of the San Bernardmo CIty Housmg Authonty declarmg the publIc mterest and necessIty of acqUIsItIon of real property by the San Bernardmo CIty Housmg Authonty over the property located at the northwest corner of RIalto Avenue and Allen Street, San Bernardmo, CalIfornIa (APN# 0135-292-39) m the Inland Valley Redevelopment ProJect Area. (Resolutiol1 110t available at time of pril1til1g.) Mayor to opel1 the hearil1g . . . MOTION: That the hearmg be closed, and that saId resolutIOn be adopted. 15 04/04/2005 TO BE HEARD AT 5:00 P.M. R30 Jomt publIc hearmg - DISposItIOn and Development of property at 155 E 2nd Street to Meadowbrook Park Homes, Inc pursuant to the approved 2005 Meadowbrook Smgle Farmly ResIdentIal DISposItIOn and Development Agreement. (See Attached) Ward 1 (Item COl1til1ued 011 Next Page) R30 Contmued. (Sal1 Berl1ardil1o City Housil1g Authority) A ResolutIOn of the San Bernardmo CIty Housmg Authonty approvmg the transfer of the property (155 E 2nd Street) to the Redevelopment Agency of the CIty of San Bernardmo pursuant to the approved May 17, 2004 Redevelopment CooperatIOn Agreement for the Meadowbrook NeIghborhood Smgle Farmly ResIdentIal Development (IVDA Redevelopment ProJect Area) (Resolutiol1 110t available at time of pril1til1g.) (Commul1ity Developmel1t Commissiol1) B ResolutIOn of the Commumty Development COmmISSIOn of the CIty of San Bernardmo (1) acceptmg the property (155 E 2nd Street) from the San Bernardmo CIty Housmg Authonty, (2) approvmg the DISposItIOn and Development of the property (155 E 2nd Street) to Meadowbrook Park Homes, Inc , and (3) mcrease the down payment assIstance to the qualIfied homebuyer pursuant to the approved 2005 Meadowbrook Smgle Farmly ResIdentIal DISposItIOn and Development Agreement (IVDA Redevelopment ProJect Area) (Resolutiol1 110t available at time of pril1til1g.) (Mayor al1d Commol1 Cowlcil) C ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo approvmg the DISposItIOn and Development of the property (155 E 2nd Street) to Meadowbrook Park Homes, Inc , pursuant to the approved 2005 Meadowbrook Smgle Farmly ResIdentIal DISposItIOn and Development Agreement (IVDA Redevelopment ProJect Area) (Resolutiol1l1ot available at time of pril1til1g.) MOTION: That the hearmg be closed, and that saId resolutIOns A-C, be adopted. 16 04/04/2005 MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY HOUSING AUTHORITY RECONVENE MEETING MONDAY, APRIL 4,2004 - 7:00 P.M. PRESENT ABSENT PLANNING ITEMS TO BE HEARD AT 7:00 P.M. 31 Appeal of Plannmg COmmISSIOn demal of TentatIve Tract Map No 16533 & CondItIOnal Use Penmt No 03-28 to subdIvIde 37 2 acres mto 48 lots, plus three remaInder parcels at the northwest corner of MagnolIa Avenue and Pernn Dnve m the RL, ResIdentIal Low, land use dIstnct and the HIllsIde Management Overlay DIstnct. (See Attached) (No cost to the City.) Ward 5 ApplIcant/ Appellant. Steven WollochlRoger Hobbs Century Amencan Development Corp 1430 E Chapman Avenue Orange, CA 92866 Appellant. (Contact) Wilfred C Lemann Fullerton, Lemann, Schaefer & DOIll1illck 215 N "D" Street San Bernardmo, CA 92401 Request/LocatIOn. The appellants are requestmg to subdIvIde approxImately 37 2 acres of land mto 48 smgle-family resIdentIal propertIes WIth a rmmmum lot SIze of 10,800 square feet (as per RL, ResIdentIal Low, land use dIstnct standards), and three lettered remaInder parcels The sIte IS located at the northwest corner of the mtersectIOn of MagnolIa Avenue and Pernn Dnve m the RL, ResIdentIal Low, land use dIstnct. Mayor to opel1 the hearil1g . . . (Item COl1til1ued 011 Next Page) 17 04/04/2005 31 Contmued. MOTION #1: That the hearmg be closed, and that the Mayor and Common CouncIl deny the appeal and uphold the Plannmg COmmISSIOn'S demal of TentatIve Tract Map No 16533 and CondItIOnal Use Penmt No 03-28 based upon the Findmgs of Fact contaIned m the February 17, 2005, memorandum to the Plannmg COmmISSIOn, or MOTION #2: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the appeal and approve TentatIve Tract Map No 16533 and CondItIOnal Use Penmt No 03-28 based upon the Findmgs of Fact contaIned m the ongmal staff report dated February 8, 2005, subJect to the CondItIOns of Approval and Standard ReqUIrements TO BE HEARD AT 7:00 P.M. 32 Appeal of Plannmg COmmISSIOn approval of CondItIOnal Use Penmt No 04-14 to construct a 4,207 square foot office/sales structure, and a 16,837 square foot mventory lot, to be used m conJunctIOn wIth FaIrvIew Ford. The proJect sIte IS located on the north sIde of 2nd Street approxImately 186 feet west of "G" Street m the CR-l, CommercIal RegIOnal, land use dIstnct. (See Attached) (No cost to the City.) Ward 1 Appellant. Mr & Mrs Powell 222 N "G" Street, SUIte 1 San Bernardmo, CA 92410 CUP ApplIcant: Tom Skalla FaIrvIew Ford 292 N "G" Street San Bernardmo, CA 92410 Request/LocatIOn. The appellants are appealmg the Plannmg COmmISSIOn'S approval of CondItIOnal Use Penmt (CUP) No 04-14 CUP No 04-14 IS a request to construct a 4,207 square foot office/sales structure, and a 16,837 square foot mventory lot, to be used m conJunctIOn wIth FaIrvIew Ford. The proJect sIte IS located on the north sIde of 2nd Street approxImately 186 feet west of "G" Street m the CR-l, CommercIal RegIOnal, land use dIstnct. Mayor to opel1 the hearil1g . . . 18 04/04/2005 (Item COl1til1ued 011 Next Page) 32 Contmued. MOTION 1: That the hearmg be closed, and that the Mayor and Common CouncIl deny the appeal and uphold the Plannmg COmmISSIOn'S approval of CondItIOnal Use Penmt No 04-14 based upon the Findmgs of Fact contaIned m the Plannmg COmmISSIOn staff report, subJect to the CondItIOns of Approval as amended, and Standard ReqUIrements END OF PLANNING ITEMS City Attorl1ey 33 Authonze contmued fundmg for employment of two part-tIme CIty Attorney InvestIgators for the remaInder of FY 2004/05 for the purpose of enforcmg the CIty of San Bernardmo' s MumCIpal Code relatmg to code enforcement matters (See Attached) (Cost to the City -- $43,000 from the Gel1eral FWld.) MOTION #1: That the Mayor and Common CouncIl authonze the CIty Attorney to contmue the employment of two part-tIme CIty Attorney InvestIgators for the remaInder of FY 2004/05 (through June 30, 2005) wIth no benefits, at $32 per hour, for the purpose of enforcmg the CIty of San Bernardmo' s MumCIpal Code relatmg to code enforcement matters, and MOTION #2: That the DIrector of Finance be authonzed to effect a budget amendment transfernng $43,000 m savmgs from Account No 00l-073-5XXX (Code Enforcement ProfessIOnal ServIces- CDBG) to Account No 00l-05l-5XXX (CIty Attorney's Office Part-Time Hmng) 34 PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA A three-rmnute lIrmtatIOn shall apply to each member of the publIc who wIshes to address the Mayor and Common CouncIl/Commumty Development COmmISSIOn on a matter not on the agenda. No member of the publIc shall be penmtted to "share" ills/her three rmnutes wIth any other member of the publIc (Usually any Items heard under tills headmg are referred to staff for further study, research, completIOn and/or future Council/COmmISSIOn actIOn.) 35 AdJournment. 19 04/04/2005 MOTION: That the meetmg be adJourned. NOTE: The next Jomt regular meetmg of the Mayor and Common CouncIlICommumty Development COmmISSIOn IS scheduled for 1 30 p m., Monday, Apn118, 2005, m the CouncIl Chambers of CIty Hall, 300 North "D" Street, San Bernardmo, CalIfornIa. NOTICE: Any member of the publIc may address tills meetmg of the Mayor and Common CouncIlICommumty Development COmmISSIOn on any Item appearmg on the agenda by approacillng the rmcrophone m the CouncIl Chambers when the Item about willch the member desIres to speak IS called and by askmg to be recogmzed. Any member of the publIc deslflng to speak to the Mayor and Common CouncIlICommumty Development COmmISSIOn concernIng any matter not on the agenda but willch IS wItmn the subJect matter JunsdIctIOn of the Mayor and Common CouncIlICommumty Development COmmISSIOn, may address the body at the end of the meetmg, dunng the penod reserved for publIc comments SaId total penod for publIc comments shall not exceed forty-five (45) rmnutes, unless such tIme lIrmt IS extended by the Mayor and Common CouncIlICommumty Development COmmISSIOn. A three rmnute lIrmtatIOn shall apply to each member of the publIc, unless such tIme lIrmt IS extended by the Mayor and Common CouncIlICommumty Development COmmISSIOn. No member of the publIc shall be penmtted to "share" ills/her three rmnutes wIth any other member of the publIc The Mayor and Common CouncIlICommumty Development COmmISSIOn may refer any Item raIsed by the publIc to staff, or to any COmmISSIOn, board, bureau, or COmmIttee for appropnate actIOn or have the Item placed on the next agenda of the Mayor and Common CouncIlICommumty Development COmmISSIOn. However, no other actIOn shall be taken nor dIscussIOn held by the Mayor and Common CouncIlICommumty Development COmmISSIOn on any Item willch does not appear on the agenda unless the actIOn IS otherwIse authonzed m accordance wIth the provIsIOns of subdIvIsIOn (b) of SectIOn 54954 2 of the Government Code PublIc comments wIll not be receIved on any Item on the agenda when a publIc hearmg has been conducted and closed. 20 04/04/2005