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HomeMy WebLinkAbout07-10-2006 Reg. Agenda Mayor Patrick J. Morris Council Members: CITY OF SAN BERNARDINO Esther Estrada Dennis J. Baxter 300 N. “D” Street 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, JULY 10, 2006 – 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 18-19.) 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. 07/10/2006 1 CLOSED SESSION 1. Pursuant to Government Code Section(s): 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): Tom Gronewald, et al v. City of San Bernardino, et al. – San Bernardino Superior Court Case No. SCVSS 114589; City of San Bernardino, et al. v. Valerie Pope-Ludlum, et al. – San Bernardino Superior Court Case No. SCVSS 108965; Dion and Tina Graham v. City of San Bernardino, et al. – San Bernardino Superior Court Case No. SCVSS 130968. 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: Utility User’s Tax – Update C. Conference with legal counsel – anticipated litigation – initiation of litigation – pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session – personnel – pursuant to Government Code Section 54957: Contract Extension City Manager 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. (Item Continued on Next Page) 07/10/2006 2 1. Continued. F.Conference with labor negotiator – pursuant to Government Code Section 54957.6: Negotiator: Linn Livingston, Human Resources Director Employee Organizations: San Bernardino Police Officers Association Mid-Management G. Conference with real property negotiator – pursuant to Government Code Section 54956.8: Central City North Redevelopment Project Area 1. Property Address: 448-450 North “G” Street, San Bernardino APN: 0134-093-11 and 44 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Protea Hotel, Inc., property owner/seller Under Negotiation: Purchase price, terms, and conditions th 2. Property Address: 723-739 West 5 Street, San Bernardino APN: 0134-093-07 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Walter L. B. Ammons, property owner/seller Under Negotiation: Purchase price, terms, and conditions th 3. Property Address: 770 West 5 Street, San Bernardino APN 0134-054-26 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Raul M. Najera and Catalina A. Barrera Cantorna, property owners/sellers 07/10/2006 3 Under Negotiation: Purchase, price, terms and conditions (Item Continued on Next Page) 1. Continued. th 4. Property Address: 746 West 5 Street, San Bernardino APN: 0134-054-07, 08 and 09 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Major Fritz on behalf of the Salvation Army, property owner Under Negotiation: Purchase price, terms, and conditions th 5. Property Address: 696 West 5 Street, San Bernardino APN: 0134-061-21, 22, 25 and 30 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Christopher Ko, Henry Ko, and Bruce Ko, property owners/sellers Under Negotiation: Purchase price, terms and conditions th 6. Property Address: 755 West 5 Street, San Bernardino APN: 0134-093-40 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Premila Patel, Dashrath Patel and Sweta Patel, property owners/sellers Under Negotiation: Purchase price, terms, and conditions th 7. Property Address: 795 West 5 Street, San Bernardino APN: 0134-093-41 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Tien Lee International Limited Corp., Ha-Ram, Inc., and Fu San Limited, Inc., property owners/sellers Under Negotiation: Purchase price, terms, and conditions 07/10/2006 4 (Item Continued on Next Page) 1. Continued. Uptown Project Area Redevelopment Project Area nd 8. Property Address: 1108 West 2 Street, San Bernardino APN: 0138-301-07 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Marlene Belichefsky as Trustee, Belichefsky Children Family Trust, property owner/seller Under Negotiation: Purchase price, terms, and conditions IVDA Redevelopment Project Area 9. Property Address: 2176 Dumbarton Avenue, San Bernardino APN: 1191-021-59 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Daniel Garcia, property owner/ seller Under Negotiation: Purchase price, terms, and conditions 10. Property Address: 2195 McKinley Avenue, San Bernardino APN: 1191-021-61 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as Buyer, and Sonia Ortiz, property owner/ seller Under Negotiation: Purchase price, terms, and conditions 11. Property Address: 2194 N. McKinley Ave., San Bernardino APN: 1191-021-29 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Dion and Tina Graham, 07/10/2006 5 property owner/seller Under Negotiation: Purchase price, terms, and conditions (Item Continued on Next Page) 1. Continued. IVDA Redevelopment Project Area (North Arden Guthrie Neighborhood) 12. Properties and Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as Buyer and Ramon and Maria G. Hernandez - 2140 N. Arden Avenue (APN: 1191-021-43); Lou Cannon - 2104 N. Arden Avenue (APN: 1191-021-41); Luu Quang Phuoc - 2094 N. Arden Avenue (APN: 1191-021-40); Humberto Velasquez and Delmy A. Ayala - 2072 N. Arden Avenue (APN: 1191-021-39); Larry Sr. and Andrea Estrada - 2050 N. Arden Avenue (APN: 1191-021-38); Aaron L. Edwards - 2028 and 2004 N. Arden Avenue (APN: 1191-041-26 and 25); Gloria Fimbres - 2123 N. Dumbarton Avenue (APN: 1191-021- 47); Ody Ents - 2005 N. Dumbarton Avenue (APN: 1191-041- 28); Gloria Leynes - 2159 N. Dumbarton Avenue (APN: 1191- 021-45); Robert Moreno - 2140 N. Dumbarton Avenue (APN: 1191-021-57); Don Friedman - 2122 N. Dumbarton Avenue (APN: 1191-021-56); Sabraj Nijjar - 2123 and 2141 N. McKinley Avenue (APN: 1191-021-65 and 64); Miguel Flores - 2005 N. McKinley Avenue (APN: 1191-041-32); Fidelity National Title Insurance/Ince Co. - 2105 McKinley Avenue (APN: 1191-021- 66); Pedro Uriostegue - 2158 N. McKinley Avenue (APN: 1191- 021-31); Alfonso A. and Teresa E. Hernandez - 2004 N. McKinley Avenue (APN: 1191-041-22); Silverio and Virginia Vizcaino - 2195 N. Newcomb Street (APN: 1191-021-28); Enrique and Maria Cachua - 2051 N. Newcomb Street (APN: 1191-021-20); Phuong Doan - 2005 N. Newcomb Street (APN: 1191-041-19); and Clayton & Virginia Kautzman - 2194 N. Newcomb Street (APN: 1191-021-11), as property owners Under Negotiation: Purchase price, terms, and conditions END OF CLOSED SESSION 07/10/2006 6 RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Civil Service Commission – Frank Schnetz – Mayor Morris. MOTION: That the appointment of Frank Schnetz to the Civil Service Commission, as requested by Mayor Morris, 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 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 30, 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. Council Minutes. MOTION: That the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission be approved as submitted in typewritten form: 07/10/2006 7 June 8, 2006 (Distributed on 6/28/06) 7. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated July 6, 2006 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. LAID OVER FROM JUNE 19, 2006 City Attorney 8. An Ordinance of the City of San Bernardino adding Chapter 9.96 to the San Bernardino Municipal Code regarding establishing a procedure for the designation of Crime Free Zones. (FINAL READING) (Item was considered on June 19, 2006, Item No. 46.) MOTION: That said ordinance be adopted. City Clerk 9. Resolution of the Mayor and Common Council of the City of San Bernardino, th California, reciting the facts of the Special Municipal Election held on the 6 day of June 2006, declaring the results thereof and setting forth such other matters as are provided by law. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 10. Resolution of the Mayor and Common Council of the City of San Bernardino accepting the resignation of Third Ward Council Member Gordon McGinnis; calling of a special election in the third ward of the City for November 7, 2006 to fill the vacant Council seat in said ward, and requesting that the City of San Bernardino’s Special Municipal Election be consolidated with the November 7, 2006 Statewide General Election conducted by the County of San Bernardino; and other related matters. (Document and Resolution not available at time of printing.) MOTION: That the Mayor and Common council accept the resignation of Gordon McGinnis as Council Member of the Third Ward; and that said resolution be adopted. 07/10/2006 8 Development Services 11. Set workshop for Monday, July 24, 2006, at 5:00 p.m. – EDA Boardroom – to review Measure I Projects and project development process. (See Attached) MOTION: That a joint Mayor and Common Council and Planning Commission Workshop be set for Monday, July 24, 2006, at 5:00 p.m. in the Economic Development Agency Boardroom to discuss Measure I projects and project development process with emphasis on State Route 210, Interstate 215 Corridor projects and the Interstate 10/Tippecanoe Interchange project. 12. Set Capital Improvement Program (CIP) workshop for Monday, July 24, 2006 at 5:30 p.m. in the Economic Development Agency Boardroom to review the 5- Year Capital Improvement Program – Fiscal Years 2006/07–2010/11. (See Attached) MOTION: That a Capital Improvement Program (CIP) workshop be set for Monday, July 24, 2006, at 5:30 p.m. in the Economic Development Agency Boardroom to review the 5-Year Capital Improvement Program for Fiscal Years 2006/07–2010/11. 13. Resolution of the City of San Bernardino making application to the Local Agency Formation Commission of the County of San Bernardino for a reorganization consisting of annexation to the City of San Bernardino of 6 areas of unincorporated territories, generally lying north of Pacific Street, east of Valencia Avenue, south of Piedmont Drive and west of Victoria Avenue, to be known as Annexation No. 361. (Document and Resolution not available at time of printing.) (Various fees and salary costs to various accounts.) MOTION #1: That said resolution be adopted; and MOTION #2: That the Mayor and Common Council add one (1) Administrative Clerk II position, Range 1313 ($2,115-$2,571 per month); and MOTION #3: That the Mayor and Common Council add two (2) Code Enforcement Officer II positions, Range 1412 ($3,465-$4,212 per month); and 07/10/2006 9 MOTION #4: That the Human Resources Director be authorized to update Resolution No. 97-244 to reflect the additional positions; and (Item Continued on Next Page) 13. Continued. MOTION #5: That the Director of Finance be authorized to amend the FY 2006/07 adopted budget and increase the following as detailed in the staff report from Valerie C. Ross, Director of Development Services, dated July 3, 2006: General Fund revenues by $112,400; Fire Department salaries and benefits by $27,000; and Code Compliance salaries, benefits and equipment by $85,400. 14. Resolution of the City of San Bernardino approving an Agreement for Services with LSA Associates, Inc. for the provision of professional environmental consulting services. (See Attached) (No cost to the City -- $107,170 cost will be paid by project proponent.) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. 15. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a Contract to Matich Corporation for pavement rehabilitation at eleven nd locations, 2 Street (SS 06-07), Del Rosa Avenue (SS 06-19), “H” Street (SS 06-21), University Parkway (SS 06-32), Sierra Way (SS 06-50), “H” Street (SS th 06-52), 16 Street (SS 06-53) & (SS 06-54), Mill Street (SS 06-57), “D” Street (SS 06-70), Mt. Vernon Avenue (SS 06-77), per Project Plan No. 11735, and authorization for the Director of Finance to amend the FY 05/06 Budget. (See Attached) (Cost to the City -- $1,600,000 from the California Infrastructure and Economic Development Bank Loan Capital Projects Fund.) (Resolution not available at time of printing.) Wards 1,2,4,5,6&7 MOTION #1: That the Director of Finance be authorized to amend the FY 2005/06 budget by transferring $39,000 from Account No. 240- 379-5504-7610 (SS06-21) “H” Street Pavement Rehabilitation” nd to Account No. 240-379-5504-7605 (SS06-07) “2 Street Pavement Rehabilitation”, and MOTION #2: That the Director of Finance be authorized to amend the FY 2005/06 budget by transferring $95,600 from Account No. 240- 379-5504-7614 (SS06-32) “University Parkway Pavement 07/10/2006 10 Rehabilitation” to Account No. 240-379-5504-7625 (SS06-50) “Sierra Way Pavement Rehabilitation, and MOTION #3: That said resolution be adopted. 16. Resolution of the Mayor and Common Council of the City of San Bernardino adopting the Caltrans Race-Neutral Disadvantaged Business Enterprise (DBE) Program, effective May 1, 2006, and the City of San Bernardino Annual Anticipated DBE Participation Level (AADPL) submittal for Federal financial assistance projects, effective for Federal Fiscal Year 2006/2007, and authorizing the City Engineer to execute the Disadvantaged Business Enterprise Race-neutral Implementation Agreement. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 17. Item Deleted. 18. Item Deleted. 19. Resolution of the Mayor and Common Council of the City of San Bernardino approving Standard Form of Agreement for Subdivision Tract No. 16509-4 (Unit 4 – Lots 74 through 90) and Tract No. 16509-5 (Unit 5 – Lots 91 through 105) located on the west side of Northpark Boulevard between University Parkway and the Devil Creek Flood Control Channel with Richmond American Homes of California, Inc., with time of performance specified and approving Amendment No. 1 to Standard Form of Agreement for Subdivision Tract No. 16509-4 (Unit 4 – Lots 74 through 90) and Tract No. 16509-5 (Unit 5 – Lots 91 through 105) with University Park, LLC as approved by Resolution No. 2005- 299, dated, September 6, 2005. (See Attached) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted; and that the Director of Development Services be authorized to release bonding posted by University Park, LLC to guarantee completion of infrastructure improvements for Tract No. 16509-4 (Unit 4 – Lots 74 through 90) and Tract No. 16509-5 (Unit 5 – Lots 91 through 105) as approved by Resolution No. 2005-299, dated September 6, 2005, except bonding posted for improvements in the Landscape Maintenance District. Finance 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement between the City of San Bernardino and Rogers Anderson Malody and Scott L.L.P. for the provision of financial 07/10/2006 11 auditing services. (See Attached) (Cost to the City -- $55,200 from the General Fund.) (Resolution not available at time of printing.) (Item Continued on Next Page) 20. Continued. MOTION: That said resolution be adopted. Fire 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino City Fire Department to enter into a new Interagency Instructional Services Agreement with Rancho Santiago Community College District. (See Attached) (No cost to the City -- $57,800 in revenue to the General Fund.) (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 2006/07 budget and increase General Fund Revenue Account No. 001-000-4708 (Fire Training Agreement) by $21,800 from $36,000 to a new total of $57,800. 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino City Fire Department (SBCFD) to enter into a Cooperative Agreement with the United States Department of Agriculture (USDA), San Bernardino National Forest relating to fire protection and rescue services within the mutual threat zone. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Parks, Recreation and Community Services 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Finance Director or her designee to execute a purchase order in an amount not to exceed $450,377 to Micon Construction, Inc. for the purchase and installation of three (3) water playground systems located at Jerry Lewis Swim Center, Wildwood Park, and Lytle Creek Park. (See Attached) (Cost to the City -- $450,377 [$400,000 from the County of San Bernardino, and $50,377 from the Park Construction Fund].) (Resolution not available at time of printing.) Wards 2,3&4 07/10/2006 12 MOTION: That said resolution be adopted. Police 24. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement with the California Highway Patrol, San Bernardino allowing the California Highway Patrol to use the City of San Bernardino Police Department’s Firing Range. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Public Services 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an annual purchase order, with three single year renewal options, to Pride Automotive for automotive, light and medium duty truck transmission service, repair and exchange for the City’s fleet. (See Attached) (Cost to the City -- $35,000 from the Motor Pool Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an annual purchase order, with three single year renewal options, to Drake Supply Company of Fontana, for Unity spotlights, Target Tech strobes and light bars and miscellaneous electrical supplies for the City’s fleet. (See Attached) (Cost to the City -- $27,500 from the Motor Pool Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 27. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Crest Chevrolet for a 2007 4WD Tahoe command vehicle to be utilized by the Fire Department. (See Attached) (Cost to the City -- $62,472.50 from the Federal and State Programs Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 07/10/2006 13 28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Steiny & Company, Inc. for installation of an electrical service at the Waterman Landfill treatment site. (See Attached) (Cost to the City -- $61,169 from the Refuse Fund.) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. 29. Item Deleted. San Bernardino Employment and Training Agency 30. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Executive Director of the San Bernardino Employment Training Agency to execute a Subgrant Agreement with the State of California Employment Development Department, and rescinding Resolution No. 83-306. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Ad Hoc Committee meeting on June 20, 2006 – Members present: McCammack and Baxter Fire 31. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of an on-line grant application for the FY 2006 staffing for adequate fire and emergency response (S.A.F.E.R.) grant submitted to the Department of Homeland Security Federal Emergency Management Agency. (See Attached) (City’s match funding required -- $1,250,087 (over a five- year period); Grant funding $310,500 over a five-year period.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 07/10/2006 14 32. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the FY 2006 Homeland Security Grant Program and the Emergency Operations Center Budget Detail Worksheets to the San Bernardino County Fire Department, Office of Emergency Services. (See Attached) (No grant match required - $18,246 in grant funding, if awarded.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 33. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the Budget Detail Worksheet for the Fiscal Year 2006 Metropolitan Medical Response System (MMRS) grant program to the San Bernardino County Fire Department, Office of Emergency Services. (See Attached) (No grant match required - $232,330 in grant funding, if awarded.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Police 34. Resolution of the City of San Bernardino ratifying the submittal of the COPS 2006 Technology Grant application and authorizing the Police Department to administer the grant award in accordance with the Grant Expenditure Plan. (See Attached) (Cost to the City -- $394,891 from the Federal and State Programs Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 35. Resolution of the City of San Bernardino ratifying the submittal of the FY 2006 Homeland Security Grant application and authorizing the Police Department to administer the awarded grant funds in accordance with the Grant Expenditure Plan. (See Attached) (No cost to the City -- $151,639 in grant funds awarded.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 07/10/2006 15 END OF COMMITTEE CONSENT 36. Item Deleted. PUBLIC HEARINGS CONTINUED FROM JUNE 19, 2006 Development Services TO BE HEARD AT 4:00 P.M. 37. Public hearing – resolution ordering work – San Bernardino International Airport/Alliance-California Area Landscape and Lighting Maintenance Assessment District No. 1022, Zones 1, 2 and 3. (Backup material distributed on June 5, 2006, Item No. 35; item was continued from June 19, Item No. 41.) 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 San Bernardino International Airport/Alliance-California area, generally north of rd Central Avenue, east of Lena Road and south of 3 Street, approving the Final Engineer’s Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1022, Zone 1, Zone 2, and Zone 3, 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. The hearing remains open . . . MOTION: That the matter be continued to July 24, 2006. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM JUNE 19, 2006 38. Council Minutes. (Item continued from June 5, 2006, Item No. 6; item continued from June 19, 2006, Item No. 43.) May 1, 2006 (Distributed on 5/31/06) May 22, 2006 (Distributed on 5/31/06) 07/10/2006 16 CONTINUED FROM JUNE 19, 2006 39. Council Minutes. (Item continued from June 19, 2006, Item No. 6.) May 15, 2006 (Distributed on 6/14/06) CONTINUED FROM JUNE 19, 2006 40. Legislative Update. (Continued from June 5, 2006, Item No. 40; item continued from June 19, 2006, Item No. 45.) CONTINUED FROM JUNE 20, 2006 41. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute Amendment No. 2 to the Lease between the City of San Bernardino and the San Bernardino Stampede, Inc. (New Staff Report Attached) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the Final FY 2006/07 budget as outlined in the staff report dated June 27, 2006, from Fred Wilson, City Manager. END OF CONTINUED ITEMS STAFF REPORTS Council Office 42. Set a Council workshop for July 24, 2006 at 5:30 p.m. in the Economic Development Agency Boardroom to discuss the formation of a new San Bernardino community center and park. MOTION: That a Council Workshop be set for July 24, 2006, at 5:30 p.m. in the Economic Development Agency Boardroom to discuss the formation of a new San Bernardino community center and park. 43. Item Deleted. 44. Item Deleted. 07/10/2006 17 END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION TO BE HEARD AT 4:30 P.M. R45. Hearing – resolution of public interest and necessity for acquisition of real th property – 796 W. 5 Street. (See Attached) Ward 1 Resolution of the Community Development Commission of the City of San Bernardino declaring the public interest and necessity of acquisition of real property by the Redevelopment Agency of the City of San Bernardino for th community redevelopment purposes over the property located at 796 W. 5 Street, San Bernardino, California (APN: 0134-054-25) in the Central City North Redevelopment Project Area, and rescinding Resolution No. CDC/2006- 15. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. TO BE HEARD AT 4:30 P.M. R46. Hearing – resolution of public interest and necessity for acquisition of real property – 495 N. “G” Street. (See Attached) Ward 1 Resolution of the Community Development Commission of the City of San Bernardino declaring the public interest and necessity of acquisition of real property by the Redevelopment Agency of the City of San Bernardino for community redevelopment purposes over the property located at 495 North “G” Street, San Bernardino, California (APN: 0134-101-28) in the Central City North Redevelopment Project Area, and rescinding Resolution No. CDC/2006- 16. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting held on June 6, 2006 – Committee Members present: Estrada and Johnson 07/10/2006 18 R47. Resolution of the Community Development Commission of the City of San Bernardino (1) approving the sale of Tuscany Apartments (the “property”) to Capital Foresight Limited Partnership and (2) approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute an Assumption Agreement related to the sale of the property. (See Attached) (No cost to the Agency.) Ward 4 (Item Continued on Next Page) R47. Continued. MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING TO BE HEARD AT 5:30 p.m. 48. Public hearing – request for reconsideration of the denial of Appeal No. 05-24, upholding the Planning Commission denial of DPI No. 05-081, a proposal to establish a coin-operated laundry at 4399 N. Sierra Way in the CG-1, Commercial General land use district. (See Attached) (No cost to the City.) Ward 4 Applicant: In Woo Lee 5072 Cadiz Circle La Palma, CA 90623 Applicant: Golden State Laundry Systems 222 E. Redondo Beach Blvd., #C Gardena, CA 90248 Representative: David P. Colella Fullerton, Lemann, Schaefer & Dominick st 215 N. “D” Street, 1 Floor San Bernardino, CA 92401-1712 Background/Location: On August 5, 2005, acting under the authority of the Development Services Director, Planning staff approved Development Permit Type 1 No. 05-081, a proposal to establish a coin laundry in an existing vacant commercial building. The site is located at 4399 N. Sierra Way in the CG-1, Commercial General land use district. On August 17, 2005, Mary Cox, representing the Wildwood Park Neighborhood Association, filed an appeal of the Director’s approval action to the Planning Commission, citing concerns over public safety and neighborhood compatibility. The appeal was considered by 07/10/2006 19 the Planning Commission on October 18, 2005. The Planning Commission voted to grant Appeal No. 05-20, thereby overturning the approval of Development Permit Type 1 No. 05-081. On October 28, 2005, the original applicant, In Woo Lee, appealed the Planning Commission decision of October 18, 2005 for consideration by the Mayor and Common Council. The Mayor and Council denied Appeal No. 05-24, upholding the Planning Commission’s denial of Development Permit Type 1 No. 05-081. (Item Continued on Next Page) 48. Continued. Mayor to open the hearing . . . MOTION #1: That the Mayor and Common Council reconsider the December 19, 2005 denial of Appeal No. 05-24; MOTION #2: That the hearing be closed; and that the Mayor and Common Council reverse the denial of Appeal No. 05-24, thereby upholding the August 5, 2005 approval of Development Permit Type 1 No. 05-081, subject to the revised conditions of approval recommended in Exhibit 3. 49. 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.) 50. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, July 24, 2006, in the Council Chambers of City Hall, 300 North “D” Street, San Bernardino, California. 07/10/2006 20 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. 07/10/2006 21