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HomeMy WebLinkAbout05-16-2005 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 THE COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO MONDAY, MAY 16, 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. (Community Development Commission items are on pages 15 & 16.) CALL TO ORDER. PRESENT ABSENT PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-mmute InmtatlOn shall apply to each member of the publIc who wIshes to address the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn. No member of the publIc shall be pefIllltted to "share" ills/her three mmutes wIth any other member of the publIc 1 05/16/2005 CLOSED SESSION I Pursuant to Government Code SectlOn(s) MOTION: That the Mayor and Common CouncIl and Commumty Development COIllIll1SSlOn recess to closed seSSlOn for the followmg A Conference wIth legal counsel - eXIstmg lItIgatlOn - pursuant to Government Code SectlOn 54956 9(a) People of the State of CalIforma v Manta Management CorporatlOn, et ~ - San Bernardmo Supenor Court Case No SCV 18157, CIty of San Bernardmo, et al v Valene Pope-Ludlam, et al - San Bernardmo Supenor Court Case No SCVSS 108956, 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 lItlgatlOn - sIgmficant exposure to lItlgatlOn - pursuant to subdIvIslOn (b) (1), (2), (3) (A-F) of Government Code SectlOn 54956 9 C Conference wIth legal counsel - antIcIpated lItlgatlOn - ImtIatlOn of lItlgatlOn - pursuant to subdIvIslOn (c) of Government Code SectlOn 54956 9 City of San Bernardino v. Gregory E. Bryant D Closed SesslOn - personnel - pursuant to Government Code SectlOn 54957 E Closed seSSlOn 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 SectlOn 54957 F Conference wIth labor negotiator - pursuant to Government Code SectlOn 54957 6 G Conference wIth real property negotiator - pursuant to Government Code SectlOn 54956 8 2 05/16/2005 1 Continued (Item Continued on Next Page) 1 Property 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 Central City North Redevelopment Project Area Negotiating Parties Under Negotiation. 2 Property Negotiating Parties Under Negotiation. 3 Property Negotiating Parties Under Negotiation. 4 Property Negotiating Parties Under Negotiation. 796 West 5th Street, San Bernardino APN 0134-054-25 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and William R. Bland, property owner(s) Purchase price, terms, and conditions Vacant Land APN 0134-054-24 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Fook Sung Investment Co Ltd, property owner(s) Purchase price, terms, and conditions 3 05/16/2005 1 Continued (Item Continued on Next Page) 5 Property Negotiating Parties Under Negotiation. 6 Property Negotiating Parties Under Negotiation. 7 Property Negotiating Parties Under Negotiation. Vacant Land APN 0134-093-10 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Par lock Holdings, LLC , property owner(s) Purchase price, terms, and conditions 448-450 North "G" Street, San Bernardino APN 0134-093-11 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Protea Hotel, Inc , property owner(s) Purchase price, terms, and conditions Vacant Land APN 0134-101-04,0134-101-05, 0134-101-06 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Charles H and Sarah M Garner Trust, property owner(s) Purchase price, terms, and conditions END OF CLOSED SESSION 4 05/16/2005 RECONVENE MEETING - 3:00 P.M. PRESENT ABSENT INVOCATION PLEDGE 2 Appomtments 3 PresentatlOns A ServIce Pm A wards Ceremony 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 motlOns mdIcated by consent calendar Items 5 through 30, be adopted except for _, _, _, _, and _ 5 WaIve full readmg of resolutlOns and ordmances MOTION: That full readmg of the resolutlOns and ordmances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn and San Bernardmo CIty Housmg Authonty, be waIved. 6 ClaIms and Payroll. (See Attached) MOTION: That the claIms and payroll and the authonzatlOn to Issue warrants as lIsted on the memorandum dated May 5, 2005, from Barbara Pachon, DIrector of Finance, be approved. 5 05/16/2005 7 Personnel ActlOns (See Attached) MOTION: That the personnel actlOns, as subrmtted by the Cillef EXaIlliner, dated May 10, 2005 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. City Administrator's Office 8 Set dates for FY 2005/06 budget hearIngs (See Attached) MOTION: That the folloWIng dates be set for deliberatlOn of the FY 2005/06 CIty/EDA budgets to be held In the EDA Board room. Tuesday, June 7, 2005 Thursday, June 16, 2005 Thursday, June 23, 2005 3 00-5 30 p m. 3 00-5 30 p m. 3 00-5 30 p m. 9 Set a publIc hearIng to consIder a resolutlOn settmg varlOUS fees (See Attached) MOTION: That the Mayor and Common CouncIl set a publIc hearmg for Monday, June 6, 2005, at 4 00 pm. m the CIty Hall CouncIl Chambers to consIder settmg varlOUS fees City Attorney 10 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the executlOn of a ProfesslOnal ServIces Agreement between Mundell, Odium & Haws and the CIty of San Bernardmo to represent the CIty m the case of Mohammed Fawzi Hassan, an Individual and Armada Transport, Inc. v. City of San Bernardino, Fred Wilson, City Administrator, Judith Valles, James F. Penman, and Garrett W. Zimmon as individuals, et al. Umted States DIstnct Court Case No EDCV 05-328 V AP (SGLx) (Document and Resolution not available at time of printing.) MOTION: That saId resolutlOn be adopted. II ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the executlOn of a ProfesslOnal ServIces Agreement between Arias, Lockwood & Gray and the CIty of San Bernardmo to represent CIty Attorney James F Penman, as an mdIvIdual and m ills officIal capacIty, and CouncIl Member Wendy McCammack, as an mdIvIdual and m her officIal capacIty, m the case of Fire Captain Ralph P. Romero, an individual v. City Attorney James Penman, et al. (Document and Resolution not available at time of printing.) 6 05/16/2005 MOTION: That saId resolutlOn be adopted. 12 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo approvmg the destructlOn of certaIn records no longer reqUIred to be maIntaIned by the San Bernardmo CIty Attorney's Office (See Attached) MOTION: That saId resolutlOn be adopted. 13 AuthonzatlOn to execute a purchase order for the rental of a U - Haul Storage Umt for storage of closed legal cases and files m the CIty Attorney's Office (Document not aVaIlable at tIme of pnntmg ) MOTION: That the Mayor and Common CouncIl authonze the executlOn of a purchase order for the rental of a U - Haul storage umt at the approxImate monthly cost of $74 95 or twelve (12) months, for a total cost of $899 40 14 Item Deleted. City Clerk 15 RevIew and take actlOn regardmg the need for contmumg m effect the local emergency caused by the Old Waterman Canyon Fire pursuant to Government Code SectlOn 8630 (c)( I) MOTION: That the Mayor and Common CouncIl confirm the need for contmumg m effect the local emergency caused by the Old Waterman Canyon Fire Development Services 16 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo approvmg Standard Form of Agreement for SubdIvIslOn Tract No 16509-1 (Lots I through 31) located on the west sIde of Northpark Boulevard between UmversIty Parkway and the DevIl Creek Flood Control ChaIlllel wIth Richmond Amencan Homes of CalIforma, Inc , wIth tune of performance specIfied, and authonzmg release of UmversIty Park, LLC from terms of Standard Form of Agreement for SubdIvIslOn Tract No 16509-1 (Lots I through 31) as approved by ResolutlOn No 2004-306 dated October 4, 2004 (See Attached) (No cost to the City.) Ward 5 7 05/16/2005 MOTION: That saId resolutlOn be adopted. 17 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo approvmg the Final Map for SubdIvIslOn Tract No 16509-2 (Lots 32 through 59) and the Final Map for Tract No 16509-3 (Lots 60 through 73) located on the west sIde of Northpark Boulevard between UmversIty Parkway and the DevIl Creek Flood Control ChaIlllel, acceptmg the publIc dedIcatlOns as set forth on saId maps, and authonzmg executlOn of the standard form of agreement for the Improvements m SaId subdIvIslOns, wIth tIme for performance specIfied. (See Attached) (No cost to the City.) Ward 5 MOTION: That saId resolutlOn be adopted. 18 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo awardmg a contract to Nikola ConstructlOn CorporatlOn DBA Nikola CorporatlOn for sewer Improvements on Victona Avenue - Richardson Street to Mt. View Avenue (SW 04-32), Cooley Dnve - Richardson Street to Mt. View Avenue (SW 04-33), Richardson Street - Cooley Dnve to Victona Avenue (SW 04-34), Cooley Avenue - TIppecanoe Avenue to Gage Canal (SW 04-35), and street Improvements on Victona Avenue, Richardson Street to Mt. View Avenue (SS 04-120), Cooley Dnve - Richardson Street to Mt. View Avenue (SW 04-33), "I" Street - Marshall Boulevard to 30th Street (SW 04-30), 35th Street - Del Rey Dnve to Harnson Street (SW 04-31) per Plan No 11237 (See Attached) (Cost to the City -- $1,500,000 from various fWlds.) (Resolution not available at time of printing.) Wards 3,5&7 MOTION: That saId resolutlOn be adopted, and authonze the DIrector of Finance to amend the FY 2004/05 budget by transfernng funds as mdIcated m the document entItled, "Sewer Project-Cost DIstributlOn", willch IS attached to the staff report, dated May, I, 2005, from Development ServIces DIrector James Funk. 19 Item Deleted. 20 ResolutlOn of the CIty of San Bernardmo authonzmg and dIrectmg the executlOn of QUItclaIIll Deeds relatIve to draInage easements, generally located along the easterly portlOn of Lots 9, 10 and 11, Tract No 13572, located on Lynn Court, 8 05/16/2005 north of Meyers Road m saId CIty (See Attached) (Resolution not available at time of printing.) (No cost to the City.) Ward 5 MOTION: That saId resolutlOn be adopted. 21 ResolutlOn of the CIty of San Bernardmo gIvmg notIce mVItmg competItIve sealed and oral bIds for the sale of certaIn real property owned by the CIty, generally located on the northeast corner of Pme and Belmont A venues and the southeast corner of Oillo and Pme Avenues m the CIty, and detefIlllmng the faIr market value and establIsillng rmmmum sale pnce for saId property (See Attached) (No cost to the City - 10% of sales proceeds may go to the City.) (Resolution not available at time of printing.) Ward 5 MOTION: That saId resolutlOn be adopted. 22 ResolutlOn of the CIty of San Bernardmo gIvmg NotIce mVItmg competItIve sealed and oral bIds for the sale of certaIn real property owned by the CIty, generally located on the southeast corner of MacKay Dnve and South "D" Street m the City, and detefIlllnmg the faIr market value and establIsillng rmmmum sale pnce for saId property (See Attached) (No cost to the City - 10% of sales proceeds may go to the City.) (Resolution not available at time of printing.) Ward 3 MOTION: That saId resolutlOn be adopted. 23 Authonze executlOn of Change Order No One to Contract wIth ElIte Bobcat ServIce, Inc for TIppecanoe Avenue wIdemng (Phase III) Harnman Place (Phase III), per Plan No 10373B (See Attached) (Cost to the City $32,799.42 from various funds.) Ward 3 MOTION: That the Mayor and Common CouncIl authonze the Development ServIces DIrector to execute Change Order NoOne m the amount of $32,799 42 to contract wIth ElIte Bobcat ServIces, Inc for TIppecanoe Avenue wIdemng (Phase III) Harnman Place (Phase III), per Plan No 10373B 24 Authonze executlOn of Change Order No Two to contract wIth Kalban ConstructlOn, Inc for the constructlOn of ADA access ramps and sIdewalk at varlOUS 10catlOns (Phase VI) per Plan No 10992B (See Attached) (Cost to the City -- $76,200 from the % Cent Sales and Road Tax Fund.) All Wards 9 05/16/2005 MOTION #1: That the Mayor and Common CouncIl authonze the DIrector of Development ServIces to execute Change Order No Two m the amount of $76,185 25 to contract wIth Kalban ConstructlOn Inc , for the constructlOn of ADA access ramps and sIdewalk at varlOUS 10catlOns (Phase VI) per Plan No 10992B, and 24 Contmued. MOTION #2: That the Mayor and Common CouncIl authonze the DIrector of Finance to transfer $55,000 from Account No 126-367-5504- 7306 (Pavement ReJuvenatlOn at varlOUS 10catlOns) to Account No 126-369-5504-7202 (Construct AccessibIlIty Improvements at varlOUS 10catlOns) Parks, Recreation & Community Services 25 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg an aIlllual purchase order m the amount of $30,127 to Waterlme TechnologIes for SWIIllIll1ng pool chermcals (chlonne and aCId) for FY 2005/06 (See Attached) (Cost to the City -- $30,127 from the General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That saId resolutlOn be adopted. 26 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the Mayor or her desIgnee to execute Amendment No I to the contractual Agreement between the City of San Bernardmo and the County of San Bernardmo for shared use of the recreatlOn facIlItIes at the former Norton AIr Force Base for the penod of July I, 2005 through June 30, 2006 (See Attached) (No cost to the City.) Ward 1 MOTION: That saId resolutlOn be adopted. 27 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the Mayor or her desIgnee to execute Amendment No I to the consultant agreement between the CIty of San Bernardmo and Bruce C Damels to provIde Management servIces at the San Bernardmo Soccer Complex for the 10 05/16/2005 penod of June I, 2005 through May 31, 2006 (See Attached) (Cost to the City - Up to $85,000, plus up to $4,000 in expenses; and 10% Commission from the Sports Complex fWld.) (Resolution not available at time of printing.) Ward 7 MOTION: That saId resolutlOn be adopted. Police 28 ResolutlOn of the CIty of San Bernardmo authonzmg the Mayor of San Bernardmo to execute a ServIces Agreement wIth the San Bernardmo CIty Umfied School DIstnct for the operatlOn of the school crossmg guards program by the PolIce Department. (See Attached) (Cost to the City -- $150,000 from the General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That saId resolutlOn be adopted. Public Services 29 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg subrmttal of the fundmg request form to the Department of ConservatlOn, DIvIslOn of Recyclmg for CalIforma Beverage ContaIner Recyclmg and Litter and ReductlOn actIvItIes (See Attached) (No cost to the City -- $53,642 in grant fWlding requested.) All Wards MOTION: That saId resolutlOn be adopted. 30 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg subrmttal of 200512006 Used 011 Recyclmg Block Grant applIcatlOn for grant funds from the CalIforma Integrated Waste Management Board. (See Attached) (No cost to the City -- $50,561 in grant funding requested.) All Wards MOTION: That saId resolutlOn be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT 11 05/16/2005 Recommended for approval at the Personnel Committee on April 25, 2005 - Committee Members present McGinnis, Lon~ville & McCammack 31 RevIsed CIVIl ServIce Rules (See Attached) MOTION: That the Mayor and Common CouncIl adopt the revIsed CIVIl ServIce Rules Recommended for approval at the Ways and Means Committee on May 4, 2005 - Committee Members present McCammack and Lon~ville 32 Request for fundmg for 4th of July Parade and CelebratlOn at Arrowhead CredIt Umon Park. (See Attached) (Cost to the City -- $45,700 from the General Fund. ) MOTION: That the Mayor and Common CouncIl approve fundmg m the amount of $45,700 from the CiVIC and PromotIons fund for the 2005 4th of July Parade and CelebratlOn. Recommended for approval at the Grants Committee on May 10, 2005 - Committee Members present: McCammack and Lon~ville 33 ResolutlOn of the CIty of San Bernardmo ratIfymg the subrmttal of a grant applIcatlOn and authonzmg the PolIce Department to adImmster the allocated FY 2005 Homeland Secunty grant funds m accordance wIth the Grant ExpendIture Plan. (See Attached) (No cost to the City - Police Department will receive $171,506 in allocated funds.) (Resolution not available at the time of printing.) MOTION: That saId resolutlOn be adopted. 34 ResolutlOn of the CIty of San Bernardmo authonzmg the PolIce Department to subrmt a COPS 2005 Technology Grant applIcatIon and adImmster the awarded grant funds m accordance wIth the Grant ExpendIture Plan. (See Attached) (No cost to the City -- $493,322 in COPS Technology Grant funding.) (Resolution not available at time of printing.) MOTION: That saId resolutlOn be adopted. 12 05/16/2005 END OF COMMITTEE CONSENT CONTINUED ITEMS City Administrator CONTINUED FROM MAY 2, 2005 35 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo approvmg Amendment No 2 to that certaIn Loan Agreement by and among the CIty of San Bernardmo, the San Bernardmo Valley MumCIpal Water DIstnct, and the San Bernardmo ReglOnal Water Resources Authonty (New Staff Report Attached) (Backup material was distributed on April 25, 2005, Item No.3; and item was continued to May 2, 2005, Item No. 30.) MOTION: That saId resolutlOn be adopted. Development Services CONTINUED FROM NOVEMBER 15, 2004 36 Final Map for TentatIve Tract No 14112 located northeasterly of the mtersectlOn of Foothill Dnve and Sterlmg Avenue (New Staff Report Attached) (Original backup material was distributed on December 3, 2001, Item No. 28; item was continued to March 4, 2002, Item No. 24; item was continued to June 3, 2002, Item No. 26; item was continued to December 2,2002, Item No. 28; item was continued to January 21, 2003, Item No. 28; item was continued to May 19, 2003, Item No. 12; item was continued to August 18, 2003, Item No. 27; item was continued to November 17, 2003, Item No. 30; item was continued to May 17, 2004, Item No. 20; and item was continued to November 15, 2004, Item No. 38.) MOTION: That the Mayor and Common CouncIl deny the request for contmuance of the Final Map for TentatIve Tract No 14112 and dIsapprove the Final Map for TentatIve Tract No 14112 END OF CONTINUED ITEMS 13 05/16/2005 STAFF REPORTS City Administrator 37 PresentatlOn on "E" Street TransIt Corndor ProJect. (Document not aVaIlable at tIme of pnntmg ) MOTION: That the Mayor and Common CouncIl receIve and file the report. City Clerk 38 Status report on the Tn-Centenmal COIllIll1SSlOn and presentatlOn by Dr WillIam Coleman on the 200th anmversary of the foundmg of San Bernardmo (See Attached) (No cost to the City.) All Wards MOTION: That the Mayor and Common CouncIl establIsh a COIllIll1SSlOn or COIllIll1ttee to plan for the celebratlOn of the 200th Anmversary of the foundmg of San Bernardmo Public Services 39 Report establIsmng the rates and fees to be charged for the collectIon and dISpOSal of green wastes, refuse, and recyclables pursuant to ResolutlOn No 2004-239 (See Attached) All Wards MOTION: That the Mayor and Common CouncIl acknowledge receIpt of the report and defer any actlOn untIl a future publIc hearmg can be held pursuant to State law 40 ResolutlOns concermng a refuse francmse and refuse related consultant servIces (Document not aVaIlable at tIme of pnntmg ) A ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the executlOn of a CollectlOn ServIces Contract between the CIty of San Bernardmo and Burrtec Waste Industnes, Inc , relatmg to refuse collectlOn and dISpOSal (Resolution not available at time of printing.) B ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the Mayor to execute an Amendment to the ServIces Agreement wIth R3 Consultmg Group, Inc, for assIstance concermng commercIal refuse servIces provIded by Francmsed Refuse 14 05/16/2005 Haulers and other Issues related to refuse regulatlOns and operatlOns (Resolution not available at time of printing.) MOTION: That saId resolutlOns A&B, be adopted, and the DIrector of Finance be authonzed to amend the FY 2004/05 budget as mdIcated m the attached staff report, dated May 10, 2005, from CIty AdImmstrator Fred Wilson. END OF STAFF REPORTS SAN BERNARDINO CITY HOUSING AUTHORITY TO BE HEARD AT 5:00 P.M. R41 Hearmg - ResolutlOn of publIc mterest and necessIty for acqUIsItlOn of real property located at 123 North SIerra Way (APN 0135-292-35) (See Attached) Ward 1 ResolutlOn 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 123 North SIerra Way, San Bernardmo, CalIforma (AP# 0135-292-35) m the Inland Valley Development Agency Redevelopment ProJect area. Mayor to open the hearing . . . MOTION: That the hearmg be closed, and that saId resolutlOn be adopted. COMMUNITY DEVELOPMENT COMMISSION TO BE HEARD AT 5:00 P.M. R42 Jomt publIc hearmg - Lease Agreement wIth the Young Women's ChrIstIan ASSOCIatlOn of Great San Bernardmo, Inc for lease of a portlOn of Agency property located at 567 North SIerra Way (Document not available at tune of ~~) W~1 (Community Development Commission) A ResolutlOn of the Commumty Development COIllIll1SSlOn of the CIty of San Bernardmo approvmg the lease of certaIn real property by the Redevelopment Agency of the CIty of San Bernardmo to the Young Women's ChrIstIan ASSOCIatlOn of Greater San Bernardmo, Inc , and authonzmg the Agency ExecutIve DIrector to execute the lease agreement between the Agency and the Young Women's ChrIstIan 15 05/16/2005 ASSOCIatlOn of Greater San Bernardmo, Inc (567 North SIerra Way, San Bernardmo, CalIforma) (Resolution not available at time of printing.) (Mayor and Common Cowlcil) B ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo approvmg the lease of certaIn real property by the Redevelopment Agency of the CIty of San Bernardmo to the Young Women's ChrIstIan ASSOCIatlOn of Greater San Bernardmo, Inc (567 North SIerra Way, San Bernardmo, CalIforma) (Resolution not available at time of printing.) (Item Continued on Next Page) R42 Contmued. Mayor to open the hearing . . . MOTION: That the hearmg be closed, and that saId resolutlOns A&B, be adopted. CONTINUED FROM MAY 2, 2005 TO BE HEARD AT 5:00 P.M. R43 PublIc hearmg - reallocatlOn of 200312005 Commumty Development Block Grant (CDBG) funds, recommended allocatlOns of 200512006 Commumty Development Block Grant (CDBG) funds, Emergency Shelter Grant (ESG) funds, and HOME funds (No backup material was distributed on May 2, 2005, Item No. R32.) A ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo I) approvmg the 2005-2006 Commumty Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and HOME appropnatlOns, 2) approvmg the Five (5) Year 2005-2010 ConsolIdated Plan and the One (1) year 2005-2006 ConsolIdated Annual Plan, 3) approvmg the proposed reallocatlOn of 2003-2005 CDBG funds, and 4) authonzmg the Mayor to execute and subrmt to HUD appropnate documents and take all necessary actlOns for the executlOn of PublIc ServIce contracts (Resolution not available at time of printing.) B ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo I) amendmg the 2004-2005 ConsolIdated Annual Plan and approvmg HOME 2001-2004 allocatlOns m the amount of $5,750,000 as detaIled and outlmed m Attachment III, 2) authonzmg and dIrectmg staff 16 05/16/2005 to prepare the appropnate contracts between the Redevelopment Agency and orgamzatlOns as specIfied m Attachment III and dIrect staff to return to the Mayor and Common CouncIl for approval (Resolution not available at time of printing.) MOTION: That the hearmg be closed, and that saId ResolutlOns A&B, be adopted. 17 05/16/2005 MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY HOUSING AUTHORITY RECONVENE MEETING MONDAY, MAY 16, 2005 - 6:00 P.M. PRESENT ABSENT PLANNING ITEMS TO BE HEARD AT 6:00 P.M. 44 PublIc hearmg - General Plan Amendment No 05-02, a request to change the land use desIgnatlOn of approxImately I 3 acres from CG-3, CommercIal General, to RU-l, ReSIdentIal Urban and an amendment to TentatIve Tract Map No 16509 to add a I 3-acre park sIte and create mne addItlOnallots - located at the southeast corner of Kendall Avenue and the future extenslOn of Campus Parkway (See Attached) (No cost to the City) Ward 5 ResolutlOn of the CIty of San Bernardmo adoptmg General Plan Amendment No 05-02 to the General Plan of the CIty of San Bernardmo, to amend the General Plan land use desIgnatlOn from CG-3, CommercIal General, to RU-l, ReSIdentIal Urban, for one parcel located on the southeast corner of Kendall A venue and the future extenslOn of Campus Parkway Owners Robm Plaza, LLC 101 MaIn Street, SUIte A Seal Beach, CA 90740 UmversIty Park, LLC 101 MaIn Street, SUIte A Seal Beach, CA 90740 ApplIcant. UmversIty Park, LLC 101 MaIn Street, SUIte A Seal Beach, CA 90740 18 05/16/2005 (Item Continued on Next Page) 44 Contmued. RequestlLocatlOn. The applIcant requests approval of General Plan Amendment No 05-02 to change the land use desIgnatlOn of approxImately I 3 acres, from CG-3, CommercIal General, to RU-l, ReSIdentIal Urban and approve amended TentatIve Tract Map No 16509 to further subdIvIde two large lots to create mne addItlOnal lots wItmn the prevlOusly approved subdIvIslOn. The proJect sIte IS located at the southeast corner of Kendall A venue and the future extenslOn of Campus Parkway Mayor to open the hearing . . . MOTION: That the hearmg be closed, and that the Mayor and Common CouncIl adopt the resolutlOn and approve amended TentatIve Tract Map No 16509 based upon the Findmgs of Fact contaIned m the Planmng COIllIll1SSlOn Staff Report dated Apnl 19, 2005, subJect to the CondItlOns of Approval (Attachment C) and Standard ReqUIrements (Attachment D) TO BE HEARD AT 6:00 P.M. 45 Appeal hearmg - appeal of Planmng COIllIll1SSlOn'S CondItlOns of Approval for Development PefIlllt III (DPIII) Nos 04-41 & 04-42 regardmg the fencmg and wall reqUIrements (See Attached) Ward 5 Appellant. Lmda Valia John LaIng Homes 255 E Rincon Street, #100 Corona, CA 92879 RequestlLocatlOn. The appellant IS appealmg the Planmng COIllIll1SSlOn' S CondItlOns of Approval for Development PefIlllt III (DPIII) Nos 04-41 and 04- 42 regardmg the fencmg and wall reqUIrements m that the Planmng COIllIll1SSlOn reqUIred all block walls (no matter the 10catlOn) to be of decoratIve block, wIth both sIdes decoratIve DecoratIve means slump stone or splIt face block. The sIte IS located at both the northeast and northwest corners of the mtersectlOn of Palm Avenue and Irvmgton Avenue m the RL, ResIdentIal Low, land use dIstnct [wIth the 4 7 acre park sIte remaImng m the RE, ResIdentIal Estate, land use dIstnct on the northeast corner adJacent to TentatIve Tract No 16457] Mayor to open the hearing . . . MOTION #1: That the hearmg be closed, and 19 05/16/2005 (Item Continued on Next Page) 45 Contmued. MOTION #2: That the Mayor and Common CouncIl deny the appeal and uphold the Planmng COIllIll1SSlOn'S CondItlOns of Approval as related to Development PefIlllt No 04-41 based upon the Findmgs of Fact contaIned m the Planmng COIllIll1SSlOn Staff Report dated February 8, 2005, subJect to the CondItlOns of Approval and Standard ReqUIrements, and MOTION #3: That the Mayor and Common CouncIl deny the appeal and uphold the Planmng COIllIll1SSlOn'S CondItlOns of Approval as related to Development PefIlllt No 04-42 based upon the Findmgs of Fact contaIned m the Planmng COIllIll1SSlOn Staff Report dated February 8, 2005, subJect to the CondItlOns of Approval and Standard ReqUIrements END OF PLANNING ITEMS 46 PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA A three-rmnute lIrmtatlOn shall apply to each member of the publIc who wIshes to address the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn on a matter not on the agenda. No member of the publIc shall be pefIllltted 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, completlOn and/or future CouncillCoIllIll1SSlOn actlOn.) 47 AdJournment. MOTION: That the meetmg be adJourned. NOTE: The next Jomt regular meetmg of the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn IS scheduled for 1:30 p.m., Monday, June 6, 2005, m the CounCIl Chambers of CIty Hall, 300 North "D" Street, San Bernardmo, CalIforma. 20 05/16/2005 NOTICE: Any member of the publIc may address tills meetmg of the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn 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 COIllIll1SSlOn concermng any matter not on the agenda but willch IS wItmn the subJect matter JunsdIctlOn of the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn, 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 COIllIll1SSlOn. A three rmnute lIrmtatlOn shall apply to each member of the publIc, unless such tIme lIrmt IS extended by the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn. No member of the publIc shall be pefIllltted to "share" ills/her three rmnutes wIth any other member of the publIc The Mayor and Common CouncIlICommumty Development COIllIll1SSlOn may refer any Item raIsed by the publIc to staff, or to any COIllIll1SSlOn, board, bureau, or COIllIll1ttee for appropnate actlOn or have the Item placed on the next agenda of the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn. However, no other actlOn shall be taken nor dIscusslOn held by the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn on any Item willch does not appear on the agenda unless the actlOn IS otherwIse authonzed m accordance wIth the provIslOns of subdIvIslOn (b) of SectlOn 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. 21 05/16/2005