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HomeMy WebLinkAbout12-05-2005 Reg. Agenda Mayor Judith Valles Council Members: CITY OF SAN BERNARDINO Esther Estrada 300 N. “D” Street Susan Longville Gordon McGinnis San Bernardino, CA 92418 Neil Derry Website: www.sbcity.org Chas Kelley Rikke Van Johnson Wendy McCammack AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, DECEMBER 5, 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 14 & 15.) CALL TO ORDER: ___________________________________________ PRESENT: ___________________________________________ ABSENT: ___________________________________________ PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. CLOSED SESSION 1. Pursuant to Government Code Section(s): 112/05/2005 MOTION: That the Mayor and Common Council and Community Development Commission recess to closed session for the following: A. Conference with legal counsel – existing litigation – pursuant to Government Code Section 54956.9(a). 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. 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. San Bernardino City Unified School District City of San Bernardino v. Mario Molina D. Closed Session – personnel – pursuant to Government Code Section 54957. 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: Negotiator: Linn Livingston, Human Resources Director Employee Organizations: San Bernardino City Professional Firefighters San Bernardino Police Officers Association G.Conference with real property negotiator – pursuant to Government Code Section 54956.8. END OF CLOSED SESSION 212/05/2005 RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ INVOCATION: _________________________________________ PLEDGE: _________________________________________ 2. Appointments. 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 normal sequence on the agenda. Information concerning Consent Calendar items is available for public review. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 32, be adopted except for ____, ____, ____, ____, and ____. 5. Waive full reading of resolutions and ordinances. MOTION: That full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council and Community Development Commission, be waived. 6. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated November 29, 2005, from Barbara Pachon, Director of Finance, be approved. 312/05/2005 7. Personnel Actions. MOTION: That the personnel actions, as submitted by the Chief Examiner, dated November 30, 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 8. Resolutions authorizing execution of an agreement to jointly fund the consulting services of CWB Consulting (CWB) by and between the City of San Bernardino, the Board of Water Commissioners, and the Economic Development Agency; and a Resolution authorizing the Mayor to execute an agreement with CWB Consulting. (See Attached) (Cost to the General Fund -- $16,000 annually, plus up to 1/3 of miscellaneous expenses not-to-exceed $334.) A. Resolution of the Community Development Commission of the City of San Bernardino authorizing the execution of an Agreement to jointly fund the consulting services of CWB Consulting (CWB) by and between the City of San Bernardino, the Board of Water Commissioners of the City of San Bernardino, and the Redevelopment Agency of the City of San Bernardino. (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement to jointly fund the consulting services of CWB Consulting (CWB) by and between the City of San Bernardino, the Board of Water Commissioners of the City of San Bernardino, and the Community Development Commission of the City of San Bernardino. (Resolution not available at time of printing.) C. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement with CWB Consulting (CWB) for consulting services. (Resolution not available at time of printing.) MOTION: That said resolutions A-C, be adopted. 9. Resolutions authorizing execution of an agreement to jointly fund the consulting services of Copeland, Lowery, Jacquez, Denton, & White; and a Resolution authorizing the Mayor to execute an agreement with Copeland, Lowery, Jacquez, Denton, & White. (See Attached) (Cost to the General Fund -- $21,000 annually, plus one-half of out-of-pocket expenses not to exceed $2,500.) 412/05/2005 (Item Continued on Next Page) 9. Continued. A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement to jointly fund the consulting services of Copeland, Lowery, Jacquez, Denton, & White by and between the City of San Bernardino and the Community Development Commission of the City of San Bernardino. (Resolution not available at time of printing.) B. Resolution of the Community Development Commission of the City of San Bernardino authorizing the execution of an agreement to jointly fund the consulting services of Copeland, Lowery, Jacquez, Denton, & White (CLJDW) by and between the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino. (Resolution not available at time of printing.) C. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an agreement with Copeland, Lowery, Jacquez, Denton, & White for federal representation services. (Resolution not available at time of printing.) MOTION: That said resolutions A-C, be adopted. 10. Resolution of the Mayor and Common Council of the City of San Bernardino approving the American Society of Composers, Authors and Publishers (ASCAP) License Agreement which will allow ASCAP copyrighted music to be played at City owned facilities and City sponsored events. (See Attached) (Cost to the City -- $1,400 from the General Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 11. Set a workshop with Chuck Bader of CWB Consulting and Letitia White of Copeland, Lowery, Jacquez, and White relative to state and federal legislative issues. (See Attached) (No cost to the City for this action.) All Wards MOTION: That the Mayor and Common Council set a workshop for th Monday, January 9, 2006 at 5:00 p.m. in the MIC Room, 6 Floor of City Hall to discuss state and federal legislative issues. 512/05/2005 City Attorney 12. Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain records no longer required to be maintained by the San Bernardino City Attorney’s Office. (Document and Resolution not available at time of printing.) (No cost to the City.) MOTION: That said resolution be adopted. City Clerk 13. Review and take action regarding the need for continuing in 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 continuing in effect the local emergency caused by the Old Waterman Canyon Fire. 14. Resolution of the Mayor and Common Council of the City of San Bernardino requesting that the Board of Supervisors of the County of San Bernardino permit the County Registrar of Voters to render services to the City of San Bernardino relating to a General Municipal Election to be held on February 7, 2006. (See Attached) (Cost to the City -- $290,000 (estimated) from the General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted; and that the Mayor and Common Council authorize the Director of Finance to amend the FY 2005/06 budget and appropriate $290,000 from the General Fund’s undesignated/unreserved fund balance to Account No. 001-032-5502 (Elections – Professional/Contractual Services). 15. Resolution of the Mayor and Common Council of the City of San Bernardino, th California, reciting the facts of the Primary Municipal Election held on the 8 day of November 2005, declaring the results thereof and setting forth such other matters as are allowed by law. (See Attached) (No cost to the City for this action.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 612/05/2005 16. Approve Local Appointments List per Maddy Act. (See Attached) MOTION: That the Mayor and Common Council approve the Local Appointment List of all regular and ongoing boards, commissions, and committees and direct the City Clerk to send a copy of the List to the Feldheym Library for posting pursuant to Government Code Section 54973. Development Services 17. Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Tract Map No. 16865, located on the south side of Northpark Boulevard approximately 1,700 feet west of Little Mountain Drive and 2,000 feet east of University Parkway in the RU-1, Residential Urban land use district, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 18. Resolution of the Mayor and Common Council of the City of San Bernardino approving a Cooperative Agreement between the San Bernardino Associated Governments (SANBAG), the Inland Valley Development Agency (IVDA), the County of San Bernardino, the Cities of San Bernardino and Highland, and the San Manuel Band of Mission Indians, for the preparation of a Project Study Report (PSR) for State Route 210 - Victoria Avenue Interchange.. (See Attached) (Cost to the City -- $50,000 from the ½ Cent Sales and Road Tax Fund.) (Resolution not available at time of printing.) Wards 4&7 MOTION: That the Mayor and Common Council authorize the Director of Finance to transfer $50,000 from Street and Safety Improvements at various locations (CIP No. SS-C) Account No. 129-367-5504- 7156 to Victoria Avenue Study (Account No. 129-367-5504- 7667); and that said resolution be adopted. 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute Amendment No. 1 to Agreement with Watson & Associates, A California Corporation, for grading of Campus Parkway between Kendall Drive and Northpark Boulevard. (See Attached) (Cost to the City -- $347,900.94 from the ½ Cent Sales and Road Tax Fund and the 712/05/2005 Storm Drain Construction Fund.) (Resolution not available at time of printing.) Ward 5 (Item Continued on Next Page) 19. Continued. MOTION #1: That said resolution be adopted; and MOTION #2: That the Director of Finance be authorized to amend the FY 2005/06 budget to reflect increased revenues in Account No. 129-000-4945 from Watson & Associates in the amount of $200,000 as contribution toward the construction of Campus Parkway (SS 04-01) and installation of a traffic signal at Kendall Drive and Campus Parkway (TC 04-07) per Plan Nos. 10952 and 10232; and MOTION #3: That the Director of Development Services be authorized to execute Change Order No. Two to contract with Matich Corporation in the amount of $347,900.94 for construction of Campus Parkway (SS 04-01) and installation of a traffic signal at Kendall Drive and Campus Parkway (TC 04-07) per Plan Nos. 10952 and 10232. 20. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to MCC Equipment Rentals, Inc. for storm drain improvements at Serrano Middle School, (SD06-01), per Plan No. 11555. (See Attached) (Cost to the City -- $119,000 from the Storm Drain Construction Fund.) (Resolution not available at time of printing.) Ward 4 MOTION: That said resolution be adopted. 21. Authorize budget transfer for the acquisition of real property by eminent domain for the extension of Giovanola Avenue, north of 2ndStreet. (See Attached) (Cost to the City -- $207,000 from the AB 2928 Traffic Congestion Relief Fund.) Ward 1 MOTION: That the Director of Finance be authorized to amend the Fy 2005/06 AB 2928 Traffic Congestion Relief Fund budget and transfer $145,000 from Account No. 135-378-5504-7319 and $62,000 from Account No. 135-378-5504-7307 into Account No. 135-378-5720-7319 for a total of $207,000 to be used for the 812/05/2005 acquisition of right-of-way relative to the extension of Giovanola nd Avenue, north of 2 Street. LAID OVER FROM NOVEMBER 21, 2005 22. An Ordinance of the City of San Bernardino modifying Chapter 19.04 (Residential Districts), Section 19.04.030 (2) (N) of the San Bernardino Municipal Code (Development Code) related to planned residential development/small lot subdivisions requirements. (FINAL READING) (Backup material distributed on November 21, 2005, Item No. 33.) MOTION: That said ordinance be adopted. Finance 23. Approval of FY 2004/2005 to FY 2005/2006 Continuing Appropriations and Encumbrance Carryovers and authorization to contribute $261,000 of FY 2004/2005 budget savings to the budgeted reserve to be used for anticipated increases in future PERS Safety costs. (See Attached) MOTION #1: That the Mayor and Common Council approve carrying over the attached listing of FY 2004/2005 Continuing Appropriations and Encumbrances into FY 2005/2006; and MOTION #2: That the Mayor and Common Council approve the contribution of $261,000 from FY 2004/2005 budget savings into the FY 2005/2006 budget reserve to be used for anticipated increases in future PERS Safety costs. Information Services 24. Resolution of the City of San Bernardino authorizing replacement of the Public Safety Communications Center voice logging recorder system and a replacement server for the Computer Aided (CAD) System used by the Public Safety Dispatch Center. (See Attached) (City will be reimbursed $138,304.36 from State PSAP Funds.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2005/06 budget by increasing expenditure Account No. 679-251-5702 by $138,304.36 and revenue Account No. 679-000-4671 by $138,304.36 25. Resolution of the City of San Bernardino authorizing the purchase of Copperfire Reporting Software with TIPS enhancement for the San Bernardino Police Department. (See Attached) (Cost to the City -- $53,000 from the Federal and State Programs Fund.) (Resolution not available at time of printing.) 912/05/2005 All Wards MOTION: That said resolution be adopted. 26. Resolution of the City of San Bernardino authorizing the purchase of networking equipment for Police wireless hot-spots. (See Attached) (Cost to the City -- $46,498.60 from the Federal and State Programs Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 27. Mayor’s Office Resolution of the Mayor and Common Council of the City of San Bernardino approving a revised Amendment No. 2 to that certain Loan Agreement by and among the City of San Bernardino, the San Bernardino Valley Municipal Water District, and the San Bernardino Regional Water Resources Authority, and repealing Resolution No. 2005-127. (See Attached) (No cost to the City for this action.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Police 28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Second Amendment of the Lease Agreement between the City of San Bernardino and the Galstian Family Trust for the office space located at 334 and 336 West Baseline Street to serve as the Central District Community Oriented Police Station. (See Attached) (Cost to the City -- $1.00 annually.) Ward 2 MOTION: That said resolution be adopted. Public Services 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to the Purchase Order No. 206290 to Inland Regional Material Recovery for tipping fees for a total purchase order amount not to exceed $2,280,400.00. (See Attached) (Additional cost to the City -- $1,250,000.00 from the Refuse Fund.) (Resolution not available at time of printing.) All Wards 10 12/05/2005 MOTION: That said resolution be adopted. Telecommunications 30. Resolutions denying the assignment of a cable television franchise by Adelphia Cablevision to Time Warner NY Cable, an indirect subsidiary of Time Warner Cable and denying the transfer of control of the cable television franchise from Adelphia Communications Corporation to Comcast Cable Holdings thereby denying the assignment of the cable television franchise by Comcast Cable Holdings. (See Attached) (No cost to the City.) A. Resolution of the Mayor and Common Council of the City of San Bernardino denying the assignment of a Cable Television Franchise by Adelphia Cablevision of Inland Empire, LLC to Time Warner NY Cable LLC, an indirect subsidiary of Time Warner Cable Inc. (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino denying the transfer of control of the Cable Television Franchise from Adelphia Communications Corporation to Comcast Cable Holdings, LLC thereby denying the assignment of the Cable Television Franchise by Comcast Cable Holdings, LLC to CAC Exchange I, LLC; and thereby denying a transfer of control of CAC Exchange I, LLC from Comcast Corporation to Time Warner Cable Inc. (Resolution not available at time of printing.) MOTION: That said resolutions A&B, be adopted. 31. Item Deleted. 32. Item Deleted. END OF CONSENT CALENDAR COMMITTEE CONSENT Heard at the Ways and Means Committee Meeting on November 23, 2005 – Members present: McGinnis, Estrada and Derry 11 12/05/2005 33. Receive and file the FY 2004/2005 Year End Report and the FY 2005/2006 First Quarter Report. (See Attached) MOTION: That the FY 2004/2005 Year End Report and the FY 2005/2006 First Quarter Report be received and filed. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. Development Services 34. Public hearing – resolution ordering work - Palm Avenue and Irvington Avenue Area Landscape Maintenance Assessment District No. 1043, Zone 1 and Zone 2, Tract Nos. 15940 and 16457. (See Attached) (No cost to the City -- $4,000 processing fee paid by applicant.) Ward 5 Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the area of Palm Avenue and Irvington Avenue, approving the Final Engineer’s Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1043, Zone 1 and Zone 2, ordering the work, confirming the 2006-2007 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. (4/5ths vote required) TO BE HEARD AT 4:00 P.M. 35. Public meeting – formation of a landscape maintenance assessment district in the Acacia Avenue and Hill Drive area – Tract No. 10260. Mayor to open the public meeting . . . MOTION: That the public meeting relative to the formation of the Acacia Avenue and Hill Drive Area Landscape Maintenance Assessment District No. 1040, be closed, and protests and ballots, if any, be carried over to the public hearing on December 19, 2005, at 4:00 p.m. 12 12/05/2005 TO BE HEARD AT 4:00 P.M. Police 36. Public hearing for the proposed expenditures of monies allocated from the FY 05/06 Citizens’ Option for Public Safety (COPS) for 4:00 p.m. on Monday, December 5, 2005. (See Attached) (Cost to the City -- $288,292 grant funding; and $86,781 from the General Fund.) (Item Continued on Next Page) 36. Continued. Resolution of the City of San Bernardino authorizing the obligation and expenditure of the allocated Citizens’ Option for Public Safety (COPS Option) monies for FY 05/06 to supplement front-line law enforcement support services. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. END OF PUBLIC HEARINGS STAFF REPORTS Council Office 37. Resolution of the Mayor and Common Council of the City of San Bernardino adopting “San Bernardino” as one of the City’s official songs. (See Attached) (No cost to the City for this action.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. City Administrator 38. Resolution of the Mayor and Common Council of the City of San Bernardino adopting in concept the Locally Preferred Alternative (LPA) for the E Street Transit Corridor and Transit Supportive Uses adjacent to the LPA stations. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 13 12/05/2005 TO BE HEARD AT 5:00 P.M. 39. Workshop – MIC Room - to discuss and take possible action regarding crime reduction initiatives and the FY 2005/2006 budget. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION TO BE HEARD AT 5:00 P.M. CONTINUED FROM NOVEMBER 21, 2005 R40. Public hearing – Request to provide a HOME Grant to Mary’s Mercy Center for Veronica’s Home Transitional Housing Project. (Item was continued from October 17, 2005, Item No. R37; item was continued from November 21, 2005, Item No. R30.) Ward 1 Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute the 2005 HOME Grant Agreement by and between the Agency and Mary’s Mercy Center, Inc., a non-profit public benefit corporation - 641 Roberds Avenue (IVDA Redevelopment Project Area) (Resolution not available at time of printing.) MOTION: That the matter be continued to December 19, 2005. TO BE HEARD AT 5:00 P.M. Recommended for approval at the Redevelopment Committee meeting on June 7, 2005 – Committee Members present: Estrada and McGinnis R41. 2005 Disposition and Development Agreement – Arrowhead Central Credit Union, a California Corporation (Central City South Redevelopment Project Area.) (Document not available at time of printing.) Ward 1 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2005 Disposition and Development agreement (“DDA”) by and between the Redevelopment Agency of the City of San Bernardino (“Agency”) and Arrowhead Central Credit Union, a California Corporation (“Developer”) (Agency property located north of Mill Street, west of “E” Street (APN: 0136-111-22) – 8.2 acres in the 14 12/05/2005 City of San Bernardino) (“Property”) and making certain findings thereto related to the development of the Project. (Central City South Redevelopment Project Area). (Resolution not available at time of printing.) (Item Continued on Next Page) R41. Continued. (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino approving the 2005 Disposition and Development Agreement (“DDA”) by and between the Redevelopment Agency of the City of San Bernardino (“Agency”) and Arrowhead Central Credit Union, a California Corporation (“Developer”) and authorizing the Agency Interim Executive Director to execute said DDA relating to the sale and development of Agency Property located north of Mill Street, west of “E” Street (APN: 0136-111-22) – 8.2 acres in the City of San Bernardino (“Property”) and making certain findings thereto related to the development of the Project. (Central City South Redevelopment Project Area). (Resolution not available at time of printing.) MOTION: That said resolutions A&B, be adopted. Recommended for approval at the Redevelopment Committee meeting on November 22, 2005 – Committee Members present: Estrada and Longville. R42. Resolution of the Community Development Commission of the City of San Bernardino, California, adopting the Economic Development Agency’s Annual Statement of Investment Policy for the year 2006. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. R43. Request for additional funds for the renovation of the California Theatre located th at 562 West 4 Street – Central City North Redevelopment Project Area. (Document not available at time of printing.) Ward 1 15 12/05/2005 MOTION: That the Community Development Commission of the City of San Bernardino authorize additional funds in the amount of $75,000 for the renovation of the California Theatre located at th 562 West 4 Street in the Central City North Redevelopment Project Area. END OF COMMUNITY DEVELOPMENT COMMISSION ITEMS MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING MONDAY, DECEMBER 5, 2005 – 6:00 P.M. PRESENT: ___________________________________________ ABSENT: ___________________________________________ PLANNING ITEMS TO BE HEARD AT 6:00 P.M. 44. Appeal of Planning Commission’s denial of an Amendment to Conditions – th project site west of 59 Street between Acacia Avenue and Hill Drive. (See Attached) Ward 4 Owner/Appellant: Gardner Construction 555 Cajon Blvd., Suite G Redlands, CA 92373 th Location: The project site is located north of Hill Drive and northwest of 58 th and 59 Streets in the RL, Residential Low, land use district. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the Planning Commission’s denial of Amendment to Conditions to modify Condition of Approval No. 12 of Development Permit Type III No. 03-41. 16 12/05/2005 TO BE HEARD AT 6:00 P.M. 45. Appeal of Planning Commission’s denial of Development Permit I No. 05-81 to re-use an existing vacant building as a coin operated laundry facility located at 4399 N. Sierra Way in the CG-1, Commercial General, land use district. (See Attached) Ward 4 Appellant: In Woo Lee 5072 Cadiz Circle La Palma, CA 90623 (Item Continued on Next Page) 45. Continued. Request/Location: The appellants are appealing the Planning Commission’s denial of Development Permit I No. 05-81 to re-use an existing vacant building as a coin operated laundry facility. The project site is located at 4399 N. Sierra Way in the CG-1, Commercial General, land use district. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the Planning Commission’s denial of Development Permit I No. 05-81 based upon the Findings of Fact. END OF PLANNING ITEMS 46. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission on a matter not on the agenda. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. (Usually any items heard under this heading are referred to staff for further study, research, completion and/or future Council/Commission action.) 47. Adjournment. MOTION: That the meeting be adjourned. 17 12/05/2005 NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, December 19, 2005, in the Council Chambers of City Hall, 300 North “D” Street, San Bernardino, California. 18 12/05/2005 NOTICE: Any member of the public may address this meeting of the Mayor and Common Council/Community Development Commission on any item appearing on the agenda by approaching the microphone in the Council Chambers when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and Common Council/Community Development Commission concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and Common Council/Community Development Commission, may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed forty-five (45) minutes, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. The Mayor and Common Council/Community Development Commission may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and Common Council/Community Development Commission. However, no other action shall be taken nor discussion held by the Mayor and Common Council/Community Development Commission on any item which does not appear on the agenda unless the action is otherwise authorized in 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 hearing has been conducted and closed. 19 12/05/2005