HomeMy WebLinkAbout04-20-2009 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 20, 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 15-18.)
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: ___________________________________________
04/20/2009
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):
Frank Ingram, III, et al. v. City of San Bernardino, et al. ? United States
Court of Appeals, Case No. 07-56616;
Emilio Flores, et al. v. City of Highland, et al. ? San Bernardino County
Superior Court, Case No. CIVSS 7000464;
Kimberlyn Hearns v. City of San Bernardino ? United States District
Court, Case No. CV 03-1434 SJO (SGL);
Michael Lawson v. City of San Bernardino, et al. ? San Bernardino
County Superior Court, Case No. CIVDS 905204.
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
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
Human Potential Consultants v. City of San Bernardino
Claim of Miguel Vargas-Quiroz, Elsaline Garcia and Jacqueline Quiroz
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
(Item Continued on Next Page)
04/20/2009
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1. Continued.
D. Closed Session ? personnel ? pursuant to Government Code Section
54957:
Chief of Police
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:
Negotiations with Firefighters
G. Conference with real property negotiator ? pursuant to Government Code
Section 54956.8.
END OF CLOSED SESSION
04/20/2009
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RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
3. Presentations.
A. Service Pin Awards Ceremony.
4. Announcements by Mayor and Common Council.
All Consent Calendar items listed are considered to be routine by the City Council and
will be enacted by one motion. There will be no separate discussion of these items
unless a Council member or other interested persons so request, in which event the
item will be removed from the Consent Calendar and considered in its 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
27 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 in the memorandum dated March 12, 2009,
from Barbara Pachon, Director of Finance, be approved.
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7. Personnel Actions. (See Attached)
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated April 15, 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 Manager
8. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between the
Law Offices of Jones and Mayer, and retaining Gregory P. Palmer for hearing
officer and/or administrative law officer services. (No additional funds
required by this action) (Staff Report and Resolution not available at time
of printing.) All Wards
MOTION: That said resolution be adopted.
Development Services
9. Resolution of the Mayor and Common Council of the City of San Bernardino
adopting the California Department of Transportation Disadvantaged Business
Enterprise (DBE) Implementation Agreement for Federal Financial Assistance
Projects. (See Attached) (No Net Cost to the City) All Wards
MOTION: That said resolution be adopted.
10. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the award of a contract to Guzman Construction for emergency repair
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of sewer mains in 17 Street between ?G? Street and the alley west of ?G?
th
Street; and ?H? Street between the alley east of 18 Street and the alley west of
th
18 Street. (See Attached) (Cost to the City - $67,800 from Sewer
Maintenance Fund) Ward 2
MOTION: That said resolution be adopted; and that the Director of
Development Services be authorized to execute Change Order
No. One with Guzman Construction in the credit amount of $700.
11. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a lease agreement between the City of
San Bernardino and Los Angeles SMSA Limited Partnership, DBA Verizon
Wireless for the lease of nine hundred eighty seven (987) square feet of City
owned property at Fire Station No. 228 located at 3398 Highland Avenue for a
cellular tower disguised as a functional fire hose rack (APN 0285-191-05). (See
Attached) (No Cost to the City) Ward 4
(Item Continued on Next Page)
04/20/2009
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11. Continued.
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the 2008/09 adopted budget by increasing
revenue Account No. 001-000-4523 by $6,100 and General
Government expenditure Account No. 001-182-5505 by $1,000.
12. Resolution of the City of San Bernardino repealing Resolution No. 2008-394
and directing and authorizing the execution of a Grant Deed for the sale of City
owned real property located at the northwest corner of Base Line Street and ?H?
Street in the City of San Bernardino to the California Department of
Transportation. (See Attached) Ward 2
MOTION: That said resolution be adopted.
LAID OVER FROM APRIL 6, 2009
Economic Development Agency
13. ERAF Redevelopment Project Area Plan Amendments. (No backup material
was distributed on March 16, 2009, Item No. R28; item continued to April
6, 2009, Item No. R29) 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). FINAL 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). FINAL READING
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). FINAL READING
(Item Continued on Next Page)
04/20/2009
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13. Continued.
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). FINAL 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). FINAL 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). FINAL 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). FINAL READING
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). FINAL READING
(Item Continued on Next Page)
04/20/2009
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13. Continued.
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). FINAL 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). FINAL READING
MOTION: That said Ordinances A ? J be adopted.
LAID OVER FROM APRIL 6, 2009
Facilities Management
14. 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. (See New Staff Report) FINAL READING (Backup
material was distributed on April 6, Item No. 22) All Wards
MOTION: That said ordinance be adopted.
Finance
15. Resolution of the Mayor and Common Council of the City of San Bernardino
adopting Red Flag Rules, Policies, and Procedures for the Identity Theft
Prevention Program in accordance with the Fair and Accurate Credit
Transactions Act of 2003 (FACTA). (See Attached) (No Cost to the City)
(Resolution not available at time of printing.) All Wards
MOTION: That the said resolution be adopted.
16. Receive and file the detail FY 2007/08 Year End Report for the Development
Impact Fee Funds. (See Attached) All Wards
MOTION: That the Mayor and Common Council receive and file the detail
FY 2007/08 Year End Report for the Development Impact Fee
Funds.
04/20/2009
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17. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the destruction of certain records by the Director of Finance. (See
Attached) (No Cost to the City) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
18. Resolution authorizing and approving the borrowing of funds for Fiscal Year
2009-2010; the issuance and sale of a 2009-2010 tax and revenue anticipation
note therefor and participation in the California Communities Cash Flow
Financing Program. (See Attached) (Estimated net Cost to the City - $117,800
to the General Fund FY 2009-10) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Interim City Manager to execute Amendment No. 1 to the
contractual agreement between the City of San Bernardino and the San
Bernardino City Unified School District for shared use of the recreation
facilities at the Galaxy Building and Norton Recreation Center, and exercising
the one year renewal option from August 1, 2009 through July 31, 2010. (See
Attached) (No Net Cost to the City) Ward 1
MOTION: That said resolution be adopted.
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Interim City Manager to execute Amendment No. 1 to the
Vendor Service Agreement with Inland Empire Landscape, Inc., and an increase
to Purchase Order No. 302716 for additional work related to the Broadmoor
Boulevard Irrigation System Retrofit Project. (See Attached) (Cost to the City -
$4,750 from the Park Construction Fund) Ward 7
MOTION: That said resolution be adopted.
21. A Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Interim City Manager to execute a Vendor Service Agreement
with Cliff?s Pest Control, Inc., and authorizing the Director of Finance to
increase annual Purchase Order No. 209312 to Cliff?s Pest Control, Inc., and
amend the adopted FY 08/09 Budget. (See Attached) (Cost to the City -
$12,000 from the General Fund) All Wards
MOTION: That said resolution be adopted.
04/20/2009
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Public Services
22. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an amendment to the agreement and an increase to
Purchase Order Number 302330 by an additional $20,000 to Zumar Industries,
Incorporated for the purchase of additional traffic signs located throughout the
City of San Bernardino. (See Attached) (Cost to the City - $20,000 from FY
08-09 CIP/Residential Street Repairs) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
23. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the issuance of a purchase order in the amount of $48,266 to Nelson
Paving and Grading Incorporated for completing emergency repairs to the street
adjacent to the Old Waterman Canyon Bridge. (See Attached) (Cost to the City
- $48,266 from the Capital Improvement Budget) Ward 4
MOTION: That said resolution be adopted.
24. Resolution of the Mayor and Common Council of the City San Bernardino
authorizing the execution of an agreement and issuance of a purchase order in
the amount of $150,000 to Guzman Construction Company for the removal and
replacement of failed cross gutter and improvements to the wash rack at the City
Yard. (See Attached) (Cost to the City - $150,000 from Refuse
Fund/Pavement Rehabilitation) (Resolution not available at time of
printing.) Ward 1
MOTION: That said resolution be adopted.
25. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the approval of a Vendor Service Agreement and issuance of a
purchase order in the amount of $70,000 to Republic Intelligent Transportation
Services for traffic signal preventive maintenance services. (See Attached) (Cost
to the City - $70,000 from the General Fund/Professional Contractual
Services) All Wards
MOTION: That said resolution be adopted.
26. A resolution ratifying a Settlement Agreement and declaration of gas dispensing
facility between the City of San Bernardino and the South Coast Air Quality
Management District (AQMD) concerning the installation of an Enhanced
Vapor Recovery System (EVR) for the City?s gasoline dispensing facility. (See
Attached) (Cost to the City - $2,000 from the Fleet Services Fund) Ward 1
MOTION: That said resolution be adopted.
04/20/2009
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Development Services
27. Determination of Public Convenience or Necessity for an Alcoholic Beverage
Control Type 20 License (Off-Sale Beer & Wine) for the Target store located at
499 West Orange Show Road. (See Attached) (No Cost to the City) Ward 3
MOTION: That the Mayor and Common Council determine that the public
convenience or necessity is served by the proposed license and
direct the Development Services Department to send a letter to
the Department of Alcoholic Beverage Control to support
issuance of a Type 20 ABC license for the Target store located at
499 West Orange Show Road.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Legislative Review Committee Meeting of
April 7, 2009 ? Committee Members Present: Brinker, Johnson,
McCammack
Development Services
28. Initiation of an amendment to Section 19.06.025 (H) of the Development Code,
Prohibited Uses related to Automotive Stereo Shops. (See Attached) (Cost to
the City - $1,000 from the General Fund) All Wards
MOTION: That the Mayor and Common Council direct Planning staff to
initiate an amendment to Section 19.06.025 (H) of the
Development Code related to automotive stereo shops.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
City Clerk
29. 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 rescinding Resolution 2009-76 and
imposing liens on certain parcels of real property located within the City of San
Bernardino for uncollected business registration fees
Mayor to open the hearing . . .
(Item Continued on Next Page)
04/20/2009
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29. Continued.
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.
CONTINUED FROM APRIL 6, 2009
City Manager?s Office
30. Public Hearing - Resolution establishing certain fees for services; and
Ordinances regarding unauthorized signs and yard sales. (Backup material
distributed on April 6, 2009, Item No. 24) (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, 96-189, 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.)
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 May 4, 2009.
TO BE HEARD AT 4:00 P.M.
Development Services
31. Public Hearing ? Ordinance amending Chapter 19.06 of the Development Code
to permit senior/congregate care housing as a conditional use in the CG-1,
Commercial General, land use district and Conditional Use Permit No. 08-28 to
construct a 3-story, 90-unit senior housing complex on approximately 3.5 acres
of land located at the southeast corner of Highland and Central Avenues in the
CG-1, Commercial General, land use district. (See Attached) (No Cost to the
City) All Wards/CUP Ward 4
(Item Continued on Next Page)
04/20/2009
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31. Continued.
An Ordinance of the City of San Bernardino amending Chapter 19.06
(Commercial Districts), Section 19.06.010 (D), Section 19.06.020, Table 06.01
(G) (7) and Section 19.06.030, Table 6.03 (S) of the San Bernardino Municipal
Code (Development Code) related to Senior/Congregate Care Housing. FIRST
READING
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that said ordinance be laid over for
final adoption; and that the Mayor and Common Council
independently review and analyze the Initial Study and the
Mitigated Negative Declaration, and find that the Mitigated
Negative Declaration reflects its independent judgment, hereby
adopting the Mitigated Negative Declaration and Mitigation
Monitoring/Reporting Program and approve Conditional Use
Permit No. 08-28 based on the Findings of Fact contained in the
Planning Commission Staff Report from Valerie Ross,
Development Services Director, dated February 18, 2009, subject
to the Conditions of Approval and Standard Requirements
(Exhibit 2).
TO BE HEARD AT 4:00 P.M.
Development Services
32. Public Hearing ? Resolution authorizing execution of a Sales and Purchase
Agreement and a Quitclaim Deed for the sale of City Water Department
property. (See Attached) (No Cost to the City) Ward 4
Resolution of the City of San Bernardino directing and authorizing the execution
of a Sales and Purchase Agreement and the execution of a Quitclaim Deed for
the sale of City Water Department owned parcel of real property generally
located at the intersection of Foothill Drive and Sterling Avenue in the City of
San Bernardino.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
END OF PUBLIC HEARINGS
04/20/2009
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CONTINUED ITEMS
CONTINUED FROM APRIL 6, 2009
Council Office
33. Council Committee Assignments. (Backup distributed on April 6, 2009, Item
No. 27)
MOTION: That the recommended Council Committee Assignments be
approved.
CONTINUED FROM APRIL 6, 2009
Development Services
34. 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). (No Cost to the City) (Backup distributed on April 6,
2009, Item No. 16) (Resolution not available at time of printing.)
Wards 1 & 3
MOTION: That the matter be continued to May 4, 2009.
CONTINUED FROM MARCH 16, 2009
Finance
35. Resolutions of the Mayor and Common Council authorizing a Master Lease
Agreement with Bank of America; and, awarding a bid for the lease-purchase
financing of 12 refuse trucks to Bank of America. (See Attached) (Backup
distributed on March 16, 2009, Item No. 16) (Cost to the City - $297,751.33
Semi Annual payments starting 10/30/09 and continuing for a seven year
term from the IWM Fund) All Wards
A. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing a lease purchase master agreement with Bank of
America for the furnishing of lease purchase financing. (Resolution not
available at time of printing.)
B. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a bid for the lease-purchase financing of twelve
(12) refuse trucks to Bank of America. (Resolution not available at
time of printing.)
MOTION: That said resolutions A and B, be adopted.
END OF CONTINUED ITEMS
04/20/2009
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STAFF REPORTS
City Manager
36. Report from the Measure Z Oversight Committee on Uses of Measure Z Funds
? July 1, 2007 through June 30, 2008. (See Attached) All Wards
MOTION: That the report from the Measure Z Oversight Committee on
Uses of Measure Z funds ? July 1, 2007 through June 30, 2008,
be received and filed.
37. Item deleted.
Council Office
38. Resolution of the Mayor and Common Council of the City of San Bernardino
rescinding its motion of February 17, 2009 by which it approved the elimination
of twelve positions in the Fire Department and requiring said positions to be
backfilled effective April 21, 2009. (See Attached) All Wards
MOTION: That said resolution be adopted.
Public Services
39. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and issuance of a purchase order to
Fairview Ford of San Bernardino pursuant to Section 3.04.010 B-3 of the
Municipal Code for the purchase of twenty-eight (28) 2009 Ford Crown
Victoria Police Interceptors utilized by the Police Department; and award a bid
for lease purchase financing to Bank of America for the purchase of twenty-
eight (28) 2009 Ford Crown Victoria Police Interceptors. (See Attached) (Cost
to the City - $753,875.36 from Fleet Services/Lease Payments) (Resolution
not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
CONTINUED FROM APRIL 6, 2009
R40. Joint Public Hearing - Formation of an Auto Center Property and Business
Improvement District (?PBID?) (Southeast Industrial Park and IVDA
Redevelopment Project Areas) (Backup distributed on April 6, 2009, Item
No. R32) Ward 3
(Item Continued on Next Page)
04/20/2009
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R40. Continued.
(Community Development Commission)
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).
MOTION: That the matter be tabled.
TO BE HEARD AT 4:30 P.M.
Recommended for approval at the Redevelopment Committee meeting on
April 9, 2009 ? Committee Members Present: Johnson, Baxter, Brinker
R41. Public Hearing ? Recommended allocations of FY 2009/10 Community
Development Block Grant; Emergency Shelter Grant; and HOME Federal Grant
Program Funds. (See Attached) All Wards
Mayor and Common Council
A. Resolution of the Mayor and Common Council of the City of San
Bernardino approving the 2009-2010 Consolidated Annual Action Plan
pertaining solely to the HOME Program appropriations/categories; and
authorizing the City Manager to execute any and all HUD contracts or
documents as per HUD regulations. (Resolution not available at time
of printing.)
B. Resolution of the Mayor And Common Council of the City of San
Bernardino approving (1) the 2009-2010 Consolidated Annual Action
Plan pertaining to Community Development Block Grant (CDBG) and
Emergency Shelter Grant (ESG) funds (excluding any reference to the
allocation of CDBG and ESG funds for Time For Change Foundation);
(2) an amendment to the 2007-2008 Annual Action Plan (2005-2010
Consolidated Plan) appropriating $238,750 of unappropriated CDBG
program income funds as contained in the attached Staff Report from
Emil Marzullo, Interim Executive Director of the Economic
Development Agency, dated April 13, 2009 ; and (3) authorizing the
City Manager to execute any and all HUD contracts or documents as per
HUD regulations. (Resolution not available at time of printing.)
C. Resolution of the Mayor and Common Council of the City of San
Bernardino approving the 2009-2010 Consolidated Annual Action Plan
as it pertains solely to the allocation of Community Development Block
Grant (CDBG) and Emergency Shelter Grant (ESG) Funds to Time For
Change Foundation. (Resolution not available at time of printing.)
MOTION: That said resolutions A ? C, be adopted.
04/20/2009
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TO BE HEARD AT 4:30 P.M.
Recommended for approval at the Redevelopment Committee meeting on
April 9, 2009 ? Committee Members Present: Johnson, Baxter, Brinker
R42. Joint Public Hearing ? AHEPA National Housing Corporation/AHEPA Local
Arrowhead 302 Chapter ? Amendment No. 2 to the 2005 HOME Funds Loan
and Grant Agreement (See Attached) Ward 2
Mayor and Common Council
A. Resolution of the Mayor and Common Council of the City of San
Bernardino approving an Amendment to the City?s 2005-2010
Consolidated Plan and the 2006-2007 Action Plan allocating $60,000 in
Federal HOME Grant Funds to AHEPA National Housing Corporation -
AHEPA Local Arrowhead 302 Chapter.
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 Amendment No. 2 to the 2005 HOME Funds
Loan and Grant Agreement by and between the Agency and AHEPA
National Housing Corporation - AHEPA Local Arrowhead 302 Chapter.
MOTION: That said resolutions A and B, be adopted.
Recommended for approval at the Redevelopment Committee meeting on
April 9, 2009 ? Committee Members Present: Johnson, Baxter, Brinker
R43. Targeted Employment Area Boundaries for the San Bernardino Valley
Enterprise Zone. (See Attached) All Wards
Mayor and Common Council
Resolution of the Mayor and Common Council of the City of San Bernardino
approving the proposed Targeted Employment Area Boundaries for the San
Bernardino Valley Enterprise Zone (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee meeting on
April 9, 2009 ? Committee Members Present: Johnson, Baxter, Brinker
R44. Rosenow Spevacek Group, Inc. ? Professional Services Agreement to assist
with the 5-Year Implementation Plan and 10-Year Housing Compliance Plan
(See Attached) All Wards
(Item Continued on Next Page)
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R44. Continued.
A. 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 a Professional Services Agreement by and
between the Agency and Rosenow Spevacek Group, Inc., for the
preparation of the 2009-2014 5-Year Implementation Plan and the 2009-
2019 10-Year Housing Compliance Plan as required by the California
Community Redevelopment Law (Excluding Uptown Redevelopment
Project Area).
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 a Professional Services Agreement by and
between the Agency and Rosenow Spevacek Group, Inc., for the
preparation of the 2009-2014 5-Year Implementation Plan and the 2009-
2019 10-Year Housing Compliance Plan as required by the California
Community Redevelopment Law (Uptown Redevelopment Project Area).
MOTION: That said resolutions A and B, be adopted.
Recommended for approval at the Redevelopment Committee meeting on
April 9, 2009 ? Committee Members Present: Johnson, Baxter, Brinker
R45. Acceptance of funding approval and Grant Agreement for the Neighborhood
Stabilization Program. (See Attached) All Wards
Mayor and Common Council
Resolution of the Mayor and Common Council of the City of San Bernardino,
California, approving the funding and Grant Agreement for the Neighborhood
Stabilization Program (NSP) Funds as authorized and appropriated under the
Housing and Economic Recovery Act of 2008. (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
PLANNING ITEMS
46. Item moved to #27 on Consent Calendar.
04/20/2009
18
CONTINUED FROM APRIL 6, 2009
Development Services
47. 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; item continued to April 6,
2009, Item No. 36.) Ward 1
Owner: Faith Temple AP Ministries
840 North Sierra Way
San Bernardino, CA 92401
Appellant: Dr. Garnett Newcombe
Human Potential Consultants, LLC
500 East Carson Plaza Dr. No. 127
Carson, CA 90746
The hearing was closed.
MOTION: That the matter be continued to May 18, 2009
END OF PLANNING ITEMS
48. 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.)
49. 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, May 4, 2009, in the Council Chambers of City Hall,
300 North ?D? Street, San Bernardino, California.
04/20/2009
19
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.
04/20/2009
20