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HomeMy WebLinkAbout04-06-2009 Reg Agenda Mayor Patrick J. Morris CITY OF SAN BERNARDINO Council Members: Esther Estrada 300 N. ?D? Street Dennis J. Baxter San Bernardino, CA 92418 Tobin Brinker Fred Shorett 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, APRIL 6, 2009 ? 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 12-17.) Any writings or documents provided to a majority of the City Council/Commission regarding any item on the agenda will be made available for public inspection at the nd City Clerk?s Counter at City Hall located at 300 N. ?D? Street, 2 Floor, during normal business hours. In addition, such writings and documents will be posted on the City?s website at www.sbcity.org. CALL TO ORDER: ___________________________________________ PRESENT: ___________________________________________ ABSENT: ___________________________________________ 04/06/2009 1 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): 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): County of Santa Clara v. Driver Alliance Ins., etc. - Superior Court for the County of Alameda - Case No. RG06278924; The People of the State of California v. U-Store It, et al. - San Bernardino County Superior Court, Case No. CIVSS 816400; The People of the State of California v. City of San Bernardino/George N. Voss, et al. ? San Bernardino County Superior Court, Case No. CIVSS 811831; Frank Ingram, III, et al. v. City of San Bernardino, et al. - United States Court of Appeals, Case No. 07-56616. 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: Glenn Baude v. City of San Bernardino Brian Boom v. City of San Bernardino Inland Communities Corp. v. City of San Bernardino (Paradise Hills) Human Potential Consultants v. City of San Bernardino 04/06/2009 2 C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. California State University D. Closed Session ? personnel ? pursuant to Government Code Section 54957: Chief of Police Legal Secretary I ? Section 54957(b)(1) 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: Fire Safety Employees Unit G. Conference with real property negotiator ? pursuant to Government Code Section 54956.8. END OF CLOSED SESSION 04/06/2009 3 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ Swearing-In Ceremony ? 3:00 p.m. Swearing-in ceremony for newly-elected Council Member Fred Shorett will begin at 3:00 p.m. in the Council Chambers, followed by a brief reception in the lobby of City Hall. 2. Appointments. A. Martha L. Pinckney ? Bicentennial Ad Hoc Committee (Alternate) ? Mayor Morris. (See Attached) MOTION: That the appointments of Martha L. Pinckney to the Bicentennial Ad Hoc Committee, 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 19 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. 04/06/2009 4 6. Council Minutes. MOTION: That the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: February 17, 2009 (Distributed 3/18/09) February 19, 2009 (Distributed 3/18/09) March 2, 2009 (Distributed 3/18/09) March 9, 2009 (Distributed 3/10/09) March 16, 2009 (Distributed 3/30/09) March 19, 2009 (Distributed 3/30/09) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated March 12, 2009, from Barbara Pachon, Director of Finance, be approved. 8. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated April 1, 2009, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. City Attorney 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the claim of Brian Boom v. City of San Bernardino. (See Attached) MOTION: That said resolution be adopted. City Clerk 10. 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 17 day of March 2009, declaring the results thereof and setting forth such other matters as are provided by law. (See Attached) (No Cost to the City) Ward 4 MOTION: That said resolution be adopted. 04/06/2009 5 City Manager 11. Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution 2008-390, which authorized a lease agreement by and between the City of San Bernardino, the County of San Bernardino, and the High Desert Partnership in Academic Excellence Foundation, Inc., for property located at 503 East Central Avenue, San Bernardino, CA. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino Municipal Water Department for the resale of sewer capacity rights. (See Attached) (No Cost to the City ? One Time Revenue of $238,407 to the General Fund) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Code Enforcement 13. Resolution of the City of San Bernardino authorizing the execution of a Vendor Services Agreement and an increase to a purchase order to Brett Carlson Construction with up to three (3) one-year extensions at the City?s option for board-up services in the city. (See Attached) (Cost to the City - $89,139 from the General Fund) All Wards MOTION: That said resolution be adopted. Development Services 14. Authorization to proceed and approval of Plan No. 12610 ? Proposed street vacation of Romo Road, north of Sixth Street, west of Del Rosa Drive. (See Attached) (No Cost to the City) Ward 1 MOTION: That the Director of Development Services and the City Clerk be authorized to proceed with the proposed street vacation of Romo Road, north of Sixth Street, west of Del Rosa; and that Plan No. 12610 be approved, showing the proposed street vacation of Romo Road, north of Sixth Street, west of Del Rosa Drive. 15. Authorize the Director of Development Services to execute Contract Change Order Number One with Skanska for the temporary support of Mt. Vernon Bridge over the Burlington Northern Santa Fe (BNSF) Railroad (SS04-12). (See Attached) (Cost to the City - $15,112.87 from ½ Cent Sales and Road Tax Fund) Ward 1 04/06/2009 6 (Item Continued on Next Page) 04/06/2009 7 15. Continued. MOTION: That the Director of Development Services be authorized to execute Contract Change Order Number One with Skanska for the temporary support of Mt. Vernon Bridge over the Burlington Northern Santa Fe (BNSF) Railroad (SS04-12). 16. Resolution of the City of San Bernardino approving License Agreement No. 09- 37471 with the Burlington Northern Santa Fe (BNSF) railway for maintenance of temporary shoring under the Mt. Vernon Viaduct between 2nd Street and 4th Street (BR#54C0066). (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Wards 1 & 3 MOTION: That the matter be continued to April 20, 2009. 17. Authorization to proceed and Resolution setting a public hearing ? formation of Underground Utility District No. 35. (See Attached) (No Cost to the City) Ward 4 Resolution of the City of San Bernardino setting a public hearing for May 4, 2009, at 4:00 p.m. relative to the formation of Underground Utility District No. 35, generally located along portions of ?H? Street, between Kendall Drive and th 40 Street and portions of Kendall Drive, southeasterly of ?H? Street. (Resolution not available at time of printing.) MOTION: That the Director of Development Services and the City Clerk be authorized to proceed with the formation of Underground Utility District No. 35 for portions of ?H? Street, between Kendall th Drive and 40 Street and portions of Kendall Drive, southeasterly of ?H? Street, pursuant to San Bernardino Municipal Code Section 13.36; and that said resolution be adopted. Human Resources 18. Amendments to the side letter agreements with General and Mid-Management employees? bargaining units. (See Attached) (No Cost to the City) A. Resolution of the City of San Bernardino approving a side letter to Resolution No. 2005-75 for full-time, non-safety, General Unit employees, adding language to Article III, Compensation, Section 3, Overtime, Section 1, Salaries and Section 2, PERS. (Item Continued on Next Page) 04/06/2009 8 18. Continued. B. Resolution of the City of San Bernardino approving a side letter to Resolution No. 2007-343 for full-time, non-safety, Middle Management Unit employees, adding language to Article III, Compensation, Section 6, Overtime, Section 1, Wages and Section 5, PERS. MOTION: That said resolutions A and B, be adopted. 18A. Resolution of the City of San Bernardino approving a Memorandum of Understanding between the City of San Bernardino and the San Bernardino Police Management Association regarding budget concessions. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 18B. Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution No. 2007-345, Section 2, B, Compensation; Section 2, H, Uniform Allowance; Section 2, K, Overtime; Section 2, O, Deferred Compensation; Section 2, Q, Vacation Leave; Section 2, X, Post Employment Health Plan; adding Section 2, AA, Welfare Benefit Plan and Trust, between the City and Management/Confidential Fire Safety Management employees. (See Attached) MOTION: That said resolution be adopted. Mayor?s Office 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Transitional Services Agreement between the City of San Bernardino and Charles E. McNeely. (See Attached) (No Net Cost to the City) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR 04/06/2009 9 COMMITTEE CONSENT Recommended for approval at the Grants Ad-Hoc Committee Meeting of March 31, 2009 ? Committee Members Present: Baxter, Estrada, Johnson Police 20. Resolution of the City of San Bernardino authorizing the obligation and expenditure of the allocated FY 2009/10 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Funds and execution of a JAG Interlocal Agreement between the City of San Bernardino and County of San Bernardino; and authorization for the Chief of Police or his designee to apply for the COPS Hiring Recovery Program (CHRP) to fund the restoration of up to 22 sworn police officer positions. (See Attached) (No Cost to the City ? Grant revenue of $1,005,287 - Justice Assistance Grant; and up to $6.7 million from the CHRP Grant) All Wards MOTION: That said resolution be adopted. 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager of the City of San Bernardino to execute a Memorandum of Understanding between the City of Riverside Office of Emergency Management and the City of San Bernardino and authorizing the obligation and expenditure of Urban Area Security Initiative Grant Funds. (See Attached) (No Cost to the City - $755,000 in Grant Revenues) All Wards MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. Recommended for approval at the Legislative Review Committee Meeting of March 3, 2009 ? Committee Members Present: Brinker, McCammack Facilities Management 22. Public Hearing ? to amend Municipal Code regarding prohibiting parking of motor trucks in the residence district. (See Attached) (No Cost to the City ? Additional Revenue of $18,000 annually) All Wards Ordinance of the City of San Bernardino amending Section 10.16.120 of the San Bernardino Municipal Code relating to prohibiting parking of motor trucks in the residence district. FIRST READING (Item Continued on Next Page) 04/06/2009 10 22. Continued. Mayor/Chairman to open the hearing . . . MOTION: That the hearing be closed; and that said ordinance be laid over for final adoption. TO BE HEARD AT 4:00 P.M. City Clerk 23. Public Hearing ? Resolution imposing liens for uncollected business registration fees. (See Attached) (No Cost to the City) All Wards Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. Mayor/Chairman to open the hearing . . . MOTION: That the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. TO BE HEARD AT 4:00 P.M. City Manager?s Office 24. Resolution establishing certain fees for services; and Ordinances regarding unauthorized signs and yard sales. (See Attached) (No Cost to the City ? Net Additional Revenue of approximately $770,000 in FY 2009-2010) All Wards A. Resolution of the City of San Bernardino establishing certain fees for services furnished by the City of San Bernardino, amending Resolution Nos. 89-471 and 91-148, and repealing Resolution Nos. 85-480, 88-405, 96-169, 2000-283, 2008-149, 2008-177, and 2008-315. (Resolution not available at time of printing.) B. An Ordinance of the Mayor and Common Council of the City of San Bernardino, California adding Chapter 16.18 of the San Bernardino Municipal Code regarding unauthorized signs on public property. FIRST READING (Ordinance not available at time of printing.) (Item Continued on Next Page) 04/06/2009 11 24. Continued. C. An Ordinance of the Mayor and Common Council of the City of San Bernardino, California repealing and replacing Chapter 5.68 of the San Bernardino Municipal Code regarding yard sales. FIRST READING (Ordinance not available at time of printing.) MOTION: That the matter be continued to April 20, 2009. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM MARCH 16, 2009 Human Resources 25. Resolution of the Mayor and Common Council of the City of San Bernardino approving a side letter to Resolution No. 2005-66 for full-time, fire safety employees, adding language in Article IV, Fringe Benefits: Section 1, Health/Related Insurance; Section 4, Deferred Compensation; Section 7, Vacation and Holiday Sell-Back; Section 8, Welfare Benefit Trust; and Article V, Leave Provisions: Section 1, Vacation; adding Section 7, Fire Leave; and Article VII, General Provisions, Section 2, Term of Memorandum of Understanding (MOU). (No Cost to the City ? Approximately $1,000,000 Savings over 16 Months) (Backup distributed on March 2, 2009, Item No. 15; item continued to March 16, 2009, Item No. 26.) MOTION: That the matter be tabled. CONTINUED FROM MARCH 16, 2009 Council Office 26. Municipal Code Section 2.01.010 Mayor Pro-Tempore ? Election of Mayor Pro-Tempore. (Backup distributed on March 16, 2009, Item No. 27.) MOTION: That the Common Council elect a Council member to serve as Mayor Pro-Tempore until March 15, 2010. END OF CONTINUED ITEMS STAFF REPORTS Council Office 27. Council Committee Assignments. (See Attached) MOTION: That the recommended Council Committee Assignments be approved. 04/06/2009 12 28. Receive and file - Report from National League of Cities - Washington, D.C. ? Council Member Kelley. (See Attached) MOTION: That the report from the National League of Cities be received and filed. 28A. Resolution of the Mayor and Common Council of the City of San Bernardino designating the week of May 10, 2009 as ?Blue Ribbon Week.? (See Attached) MOTION: That said resolution be adopted. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION TO BE HEARD AT 4:30 P.M. CONTINUED FROM MARCH 16, 2009 Recommended for approval at the Redevelopment Committee Meeting on January 22, 2009 ? Committee Members Present: Johnson, Baxter, Brinker R29. Public Hearing ? ERAF Redevelopment Project Area Plan Amendments. (See Attached) (No backup distributed on March 16, 2009, Item No. R28.) Wards 1, 2, 3, 5, 6, & 7 (Mayor and Common Council) A. Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the State College Redevelopment Plan; Extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the State College Redevelopment Project Area; and making other findings in connection therewith (State College Redevelopment Project Area). FIRST READING B. Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Central City North Redevelopment Plan; Extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Central City North Redevelopment Project Area; and making other findings in connection therewith (Central City North Redevelopment Project Area). FIRST READING (Item Continued on Next Page) 04/06/2009 13 R29. Continued. C. Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Central City West Redevelopment Plan; Extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Central City West Redevelopment Project Area; and making other findings in connection therewith (Central City West Redevelopment Project Area). FIRST READING D. Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Southeast Industrial Park Redevelopment Plan; Extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Southeast Industrial Park Redevelopment Project Area; and making other findings in connection therewith (Southeast Industrial Park Redevelopment Project Area). FIRST READING E. Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Northwest Redevelopment Plan; Extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Northwest Redevelopment Project Area; and making other findings in connection therewith (Northwest Redevelopment Project Area). FIRST READING F. Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Tri City Redevelopment Plan; Extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Tri City Redevelopment Project Area; and making other findings in connection therewith (Tri City Redevelopment Project Area). FIRST READING G. Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the South Valle Redevelopment Plan; Extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the South Valle Redevelopment Project Area; and making other findings in connection therewith (South Valle Redevelopment Project Area). FIRST READING (Item Continued on Next Page) 04/06/2009 14 R29. Continued. H. Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Meadowbrook/Central City Redevelopment Plan; Extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Meadowbrook/Central City Redevelopment Project Area; and making other findings in connection therewith (Meadowbrook/Central City Redevelopment Project Area). FIRST READING I. Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Central City South Redevelopment Plan; Extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Central City South Redevelopment Project Area; and making other findings in connection therewith (Central City South Redevelopment Project Area). FIRST READING J. Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Central City East Redevelopment Plan; Extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Central City East Redevelopment Project Area; and making other findings in connection therewith (Central City East Redevelopment Project Area). FIRST READING The hearing remains open . . . MOTION: That said Ordinances A ? J, be laid over for final adoption. TO BE HEARD AT 4:30 P.M. Recommended for approval at the Redevelopment Committee on February 19, 2009 - Committee Members Present: Johnson, Baxter, Brinker R30. Joint Public Hearing - TELACU Housing ? San Bernardino V, Inc., Disposition and Development Grant Agreement (TELACU Senior Housing V ? Central City North Redevelopment Project Area) (Staff Report not available at time of printing.) Ward 1 (Item Continued on Next Page) 04/06/2009 15 R30. Continued. (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of the Redevelopment Agency of the City of San Bernardino?s Properties located on the northwest th corner of ?G? and 4 Streets (APNs: 0134-093-019, 20 and a portion of 45) to TELACU Housing - San Bernardino V, Inc. for the development of 75-Unit Affordable Senior Citizen Rental Housing (Central City North Redevelopment Project Area). (Resolution not available at time of printing.) (Community Development Commission) B. 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 2009 Affordable Senior Citizen Rental Housing Low and Moderate Income Housing Funds Grant Disposition and Development Agreement by and between the Agency and TELACU Housing - San Bernardino V, Inc. (Affordable Senior Citizen Rental Housing Development ? Central City North Redevelopment Project Area). (Resolution not available at time of printing.) Mayor/Chairman to open the hearing . . . MOTION: That the matter be continued to April 20, 2009. TO BE HEARD AT 4:30 P.M. R31. Public Hearing ? Maya Cinemas North America, LLC - HUD Application for a Section 108 Loan Guarantee (Central City North Redevelopment Project Area) (See Attached) Ward 1 Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing 1) the submittal of the Section 108 Loan Guarantee Application for Maya Cinemas North America, Inc. to the U.S. Department of Housing and Urban Development and 2) the Mayor to execute such documents as may be required to submit and implement the Application (Maya Theater Project) (Central City North Redevelopment Project Area). Mayor/Chairman to open hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. 04/06/2009 16 TO BE HEARD AT 4:30 P.M. R32. Joint Public Hearing - Formation of an Auto Center Property and Business Improvement District (?PBID?) (Southeast Industrial Park and IVDA Redevelopment Project Areas) (See Attached) Ward 3 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving the formation of an Auto Center Property and Business Improvement District (?District?), fixing boundaries thereof and providing the levy of assessments and taking other actions in connection therewith (Southeast Industrial Park and IVDA Redevelopment Project Areas). (Resolution not available at time of printing.) (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing funding equal to $1,218,372 pursuant to the formation of the Auto Center Property and Business Improvement District (?District?) and funding the operations and activities of the district (Southeast Industrial Park and IVDA Redevelopment Project Areas). Mayor/Chairman to open the hearing . . . MOTION: That the hearing be closed; and that said resolutions A and B, be adopted. CONTINUED FROM MARCH 16, 2009 Recommended for approval at the Redevelopment Committee Meeting on January 22, 2009 ? Committee Members Present: Johnson, Baxter, Brinker R33. Master Cooperative Agreement for the sbX Bus Rapid Transit Project by Omnitrans (Backup distributed on February 17, 2009, Item No. R19; Resolution B distributed on March 2, 2009; Item No. R28; item continued to March 16, 2009, Item No. R29.) Wards 1, 2, 3, 5, & 7 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the Interim City Manager to execute a Master Cooperative Agreement by and between the City and Omnitrans (sbX Bus Rapid Transit Project). (Resolution not available at time of printing.) (Item Continued on Next Page) 04/06/2009 17 R33. Continued. (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino to execute a Master Cooperative Agreement by and between the Agency and Omnitrans (sbX Bus Rapid Transit Project). MOTION: That the matter be tabled. R34. Authorization of payments from HOME Funds for an agreement of the City of San Bernardino with The Planning Center for consultant services to update the General Plan Housing Element (See Attached) All Wards (Mayor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the payment of certain contract amounts through the Redevelopment Agency of the City of San Bernardino from HOME Funds. MOTION 1: That said resolution be adopted. MOTION 2: That the Community Development Commission of the City of San Bernardino concur in the actions taken by the Mayor and Common Council of the City of San Bernardino ratifying prior payments and authorizing the payment of contract amounts to The Planning Center to be made by the Interim Executive Director of the Agency from HOME Funds as administered by the Redevelopment Agency of the City of San Bernardino. Presented to the Redevelopment Committee on March 5, 2009 - Committee Members Present: Johnson, Baxter, Brinker R35. Update and Presentation on the San Bernardino Downtown Core Vision/Action Plan by EDAW, Inc. (See Attached) Ward 1 MOTION: That the Community Development Commission of the City of San Bernardino receive and file the Presentation/Report by EDAW, Inc. END OF COMMUNITY DEVELOPMENT COMMISSION 04/06/2009 18 PLANNING ITEMS TO BE HEARD AT 4:30 P.M. CONTINUED FROM MARCH 16, 2009 Development Services 36. Appeal Hearing - Conditional Use Permit No. 08-21 (Appeal No. 08-07) ? Appeal of the Planning Commission?s denial of a Conditional Use Permit to convert an existing 6,747 square foot church building into a 56-bed homeless shelter with related support facilities and office space located at 840 North Sierra Way in the RM, Residential Medium, land use district. (Backup distributed on March 16, 2009, Item No. 24.) Ward 1 Owner: Faith Temple AP Ministries 840 North Sierra Way San Bernardino, CA 92401 Appellant: Garnett Newcombe Human Potential Consultants, LLC 500 East Carson Plaza Dr. No. 127 Carson, CA 90746 The hearing remains open . . . MOTION #1: That the hearing be closed; and that the Mayor and Common Council deny Appeal No. 08-07 and uphold the Planning Commission?s denial of Conditional Use Permit No. 08-21, based on the recommended Findings of Fact; OR MOTION#2: That the hearing be closed; and that the Mayor and Common Council grant Appeal No. 08-07, declare an intent to approve Conditional Use Permit No. 08-21, and continue the matter to April 20, 2009, to consider Findings of Fact and Conditions of Approval. TO BE HEARD AT 4:30 P.M. Development Services 37. Public Hearing and Resolution ordering vacation of a portion of Kendall Drive (formerly State Highway 206) east of ?H? Street (See Attached) (No Cost to the City) Ward 4 Resolution of the City of San Bernardino ordering the vacation of a portion of Kendall Drive (Formerly State Highway 206) east of ?H? Street and reserving an access and landscape easement for the Castaway Restaurant. (Item Continued on Next Page) 04/06/2009 19 37. Continued. Mayor/Chairman to open the hearing . . . MOTION: That the hearing be closed and the Findings of Fact, as set forth in the staff report dated February 25, 2009, from Valerie Ross, Director of Development Services, as to why the portion of Kendall Drive (formerly State Highway 206) east of ?H? Street is no longer necessary for public street purposes be adopted; and that said resolution be adopted. END OF PLANNING ITEMS 38. 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.) 39. 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., April 20, 2009, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 04/06/2009 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. 04/06/2009 21