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HomeMy WebLinkAbout06-01-2009 Reg Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, JUNE 1, 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 13-17.) 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 City Clerk’s Counter at City Hall located at 300 N. “D” Street, 2nd Floor, during normal business hours. In addition, such writings and documents will be posted on the City’s website at www.sbcity.org subject to staff’s ability to post the documents before the meetings. CALL TO ORDER: ___________________________________________ PRESENT: ___________________________________________ ABSENT: ___________________________________________ PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. CLOSED SESSION 1. Pursuant to Government Code Section(s): 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): Yvonne Barnes, et al. v. City of San Bernardino, et al. – San Bernardino County Superior Court, Case No. CIVSS 807102; Edward King and Aja Jaeger v. City of San Bernardino, Officer Adam Affronti, Officer Elizabeth Contreras – United States District Court, Case No. CV 09-01339; Walker, Jennifer v. City, et al. – San Bernardino County Superior Court, Case No. CIVSS 806544; Belinski, Paul v. City, et al. – U.S. District Court, Case No. CV08-8571; Walker, Robert v. City, et al. – San Bernardino County Superior Court, Case No. CIVSS 814767; Daves, Edward, et al. v. City, et al. – San Bernardino County Superior Court, Case No. CIVSS 815804; Vinson, Demariae v. City, et al. – San Bernardino County Superior Court, Case No. CIVSS 818649. 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: Inland Communities Corp. v. City of San Bernardino (Paradise Hills) Claim of Sochilt Martinez Claim of Travis Walker Claim of Steve Lowes 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. 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. G. Conference with real property negotiator – pursuant to Government Code Section 54956.8: Property Address: South Stoddard Street, San Bernardino (Land Only) APN: 0136-032-23 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Dick Larsen, Treasurer-Tax Collector of the County of San Bernardino Under Negotiation: Purchase price, terms and conditions. (Item Continued on Next Page) 1. Continued. Property Address: 1348 West Union Street, San Bernardino (Land Only) APN: 0139-231-34 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Dick Larsen, Treasurer-Tax Collector of the County of San Bernardino Under Negotiation: Purchase price, terms and conditions. Property Address: 1256 North Wall Street, San Bernardino (Land Only) APN: 0146-241-07 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Dick Larsen, Treasurer-Tax Collector of the County of San Bernardino Under Negotiation: Purchase price, terms and conditions. Property Address: 2355 North Ramona Street, San Bernardino (Land Only) APN: 0148-173-07 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Dick Larsen, Treasurer-Tax Collector of the County of San Bernardino Under Negotiation: Purchase price, terms and conditions. Property Address: 842 East Highland Avenue, San Bernardino (Store Building) APN: 0150-321-14 (Item Continued on Next Page) 1. Continued. Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Dick Larsen, Treasurer-Tax Collector of the County of San Bernardino Under Negotiation: Purchase price, terms and conditions. Property Address: 686 East Santa Fe Street, San Bernardino (Land Only) APN: 0280-062-07 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Dick Larsen, Treasurer-Tax Collector of the County of San Bernardino Under Negotiation: Purchase price, terms and conditions. Property Address: 904 South Foisy Street, San Bernardino (Land Only) APN: 0280-131-23 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Dick Larsen, Treasurer-Tax Collector of the County of San Bernardino Under Negotiation: Purchase price, terms and conditions. Property Address: 2351 South Artesia Street, San Bernardino (Quonset Hut Building) APN: 0283-041-23 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Dick Larsen, Treasurer-Tax Collector of the County of San Bernardino Under Negotiation: Purchase price, terms and conditions. END OF CLOSED SESSION RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. 3. Presentations. 4. Announcements by Mayor and Common Council. All Consent Calendar items 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 20 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 of the City of San Bernardino be approved as submitted in typewritten form: April 20, 2009 (Distributed 5/28/09) May 4, 2009 (Distributed 5/28/09) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated May 18, 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 May 27, 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 Treasurer 9. Resolution of the Mayor and Common Council of the City of San Bernardino acknowledging the receipt and filing of the annual Statement of Investment Policy for the period July 1, 2009 through June 30, 2010. (See Attached) (No Cost to the City) MOTION: That said resolution be adopted. LAID OVER FROM MAY 18, 2009 Development Services 10. An Ordinance of the City of San Bernardino amending Chapter 15.37 of the San Bernardino Municipal Code related to the Historic Building Demolition Ordinance. FINAL READING (Backup material distributed on May 18, 2009, Item No. 17.) All Wards MOTION: That said ordinance be adopted. Development Services 11. Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, “A Resolution…prohibiting parking upon certain designated streets, alleys, or portions thereof…” to establish a no parking except by permit at any time zone on Ash Street between Northpark Boulevard and seven hundred feet west of Live Oak Street and on Live Oak Street between Ash Street and Sycamore Street. (See Attached) (Cost to the City - $3,000 from the General Fund/Street Maintenance) Ward 5 MOTION: That said resolution be adopted. 12. Item deleted. 13. Resolution of the City of San Bernardino authorizing the acceptance of park improvements for Chancellor’s Park, located at the northeast corner of Kendall Drive and Campus Parkway; Collegiate Park, located at the southwest corner of Campus Parkway and Northpark Boulevard, and a portion of Freddie Spellacy Park, located westerly of Northpark Boulevard, southerly of Ash Street and also accepting fee title to said Freddie Spellacy Park from, and granting a revocable temporary construction easement to, University Park, LLC. (See Attached) (Cost to the City – Estimated $9,500 from the General Fund) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. Facilities 14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Finance Director to increase Purchase Order No. 209136 to Inland Overhead Door Company for overhead door maintenance. (See Attached) (Cost to the City - $8,000 from the General Fund) All Wards MOTION: That said resolution be adopted. 15. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of a purchase order with three one-year renewal options to Waxie Sanitary Supply for custodial supplies. (See Attached) (Cost to the City - $35,000 from the General Fund) (Resolution not available at time of printing.) All Wards MOTION: That the matter be continued to June 15, 2009. Human Resources 16. Resolution of the City of San Bernardino amending Resolution 2008-306, Section 2, Y, holidays, between the City and Management/Confidential, Fire Safety Management Employees. (See Attached) (No Cost to the City) MOTION: That said resolution be adopted. Mayor’s Office 17. Resolutions of the Mayor and Common Council of the City of San Bernardino authorizing execution of service agreements to implement the City's two-year CalGRIP grant funded program (See Attached) (No net cost to the City – contract costs of $380,000 paid by $400,000 in grant funds awarded to the City by the California State Office of Emergency Services) All Wards (Item Continued on Next Page) 17. Continued. A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a Services Agreement with San Bernardino/Riverside Catholic Charities to implement an evidence-based strategy to reduce gang and youth gun violence with funding from the City’s CalGRIP Grant. (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a Services Agreement with the San Bernardino National Forest Association to implement an evidence-based strategy to reduce gang and youth gun violence with funding from the City’s CalGRIP Grant. (Resolution not available at time of printing.) C. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Services Agreement with the Foundation for the California State University, San Bernardino to provide program evaluation and reporting services with funding from the City’s CalGRIP Grant. (Resolution not available at time of printing.) MOTION: That said resolutions A – C, be adopted. Public Services 18. 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 209289 by an additional $75,000 to Jimni Systems, Incorporated for the purchase of additional lift station maintenance and repair services. (See Attached) (Cost to the City $75,000 from Unappropriated Sewer Fund Balance) (Resolution not available at time of printing.) Wards 1, 3, and 5 MOTION: That the Director of Finance be authorized to amend the FY 2008/09 adopted Public Services budget and transfer $75,000 from Account No. 132-431-5704 (Miscellaneous Equipment) into Account No. 132-431-5505 (Other Professional Services); and that said resolution be adopted. 19. 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 in the amount of $56,900 to All American Truck & Auto Body in order to repair refuse unit 07176. (See Attached) (Cost to the City - $56,900 from Integrated Waste Management Fund) All Wards (Item Continued on Next Page) 19. Continued. MOTION: That the Director of Finance be authorized to amend the FY 2008/09 adopted budget and transfer $56,900 from Account No. 527-415-5505 (Other Professional Services) into Account No. 527-413-5172 (Equipment Maintenance); and that said resolution be adopted. 20. Resolution of the Mayor and Common Council of the City of San Bernardino adopting the City of San Bernardino’s Sewer System Management Plan (SSMP) as required by the State Water Resources Control Board. (See Attached) (No Cost to the City) All Wards MOTION: That the final Sewer System Management Plan (SSMP) be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Ad-Hoc Committee meeting of May 26, 2009 – Committee Members Present: Baxter, Estrada, Johnson Parks, Recreation and Community Services 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 4 to Contract 07-481 A-4 with the County of San Bernardino Department of Aging and Adult Services (DAAS), accepting the proposal amount of $177,773 for the period of July 1, 2009 through June 30, 2010 for the Senior Nutrition Program. (See Attached) (No Cost to the City - $177,773 in Grant Funding) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Ways & Means Committee meeting of May 20, 2009 – Committee Members Present: Kelley, Baxter City Manager 22. Resolution of the City of San Bernardino amending Resolution 2009-122 establishing certain fees for services furnished by the City of San Bernardino, setting a reduced Fireworks Regulatory Fee of 5%. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. CONTINUED FROM MAY 18, 2009 City Clerk 23. Appeal Hearing – Appeal of the Bureau of Franchises’ denial of a Petition for Franchise Permit for Express Transportation, dba AA Inland Empire Cab to operate two (2) taxicabs in the City of San Bernardino. (See New Resolution Attached) (Backup distributed on May 18, 2009, Item No. 19.) All Wards Appellant: Express Transportation, dba AA Inland Empire Cab 3000 Date Street Riverside, CA 92507 The hearing was closed. Resolution of the Mayor and Common Council of the City of San Bernardino adopting Findings of Fact and Conclusions of Law in support of the Council’s decision to grant the appeal for a Petition for a Franchise Permit for Express Transportation Systems dba AA Inland Empire Cab Company to operate two (2) taxicabs in the City of San Bernardino. MOTION: That said resolution be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS LAID OVER FROM MAY 18, 2009 City Manager’s Office 24. An Ordinance of the City of San Bernardino amending Sections 8.27.100, 8.30.130, 8.36.070, 12.64.020, and 15.28.150 of the San Bernardino Municipal Code and adding Sections 12.80.055 and 12.80.100(C) through (F) thereto to incorporate into the Municipal Code language contained in the Master Fee Resolution, to clarify the process for obtaining a permit to consume alcoholic beverages in a park, and to authorize fees relative to processing of information concerning liens. FINAL READING (Backup material distributed on April 6, 2009, Item No. 24; item continued to April 20, Item No. 30; item continued to May 4, 2009, Item No. 24; item continued to May 18, 2009, Item No. 20.) (No Cost to the City – Net Additional Revenue of approximately $740,000 in FY 2009-2010) All Wards MOTION: That said ordinance be adopted. CONTINUED FROM MAY 18, 2009 Development Services 25. 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 New Staff Report and Resolution Attached) (Backup distributed on April 20, 2009, Item No. 11; item continued to May 4, 2009, Item No. 26; item continued to May 18, 2009, Item No. 21.) (No Cost to the City) Ward 4 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. CONTINUED FROM MAY 18, 2009 Development Services 26. 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; item continued to April 20, 2009, Item No. 34; item continued to May 4, 2009, Item No. 27; item continued to May 18, 2009, Item No. 22.) (Resolution not available at time of printing.) Wards 1 & 3 MOTION: That the matter be continued to June 15, 2009. CONTINUED FROM MAY 18, 2009 Development Services 27. Resolution of the City of San Bernardino authorizing the execution of Pipeline License Agreements with the BNSF Railway Company for sewer relocation work to be performed by the City at Spruce Street and at 10th Street, relative to the I-215 widening. (See New Staff Report Attached) (Backup distributed on May 4, 2009, Item No. 14; item continued to May 18, 2009, Item No. 23.) (Cost to the City - $7,850 from Street Construction Fund/CIP Project SW-09-03) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. CONTINUED FROM MAY 18, 2009 Human Resources 28. Resolution of the Mayor and Common Council of the City of San Bernardino approving a side letter to Resolution 2006-66 for full-time, fire safety employees, amending the current language in Article III, Compensation: Section 1, Salaries, Subsection (A); Article IV, Fringe Benefits: Section 1, Health/Related Insurance, Subsection (C); Article IV, Fringe Benefits: Section 4, Deferred Compensation; Article IV, Fringe Benefits: Section 7, Vacation and Holiday Sell-Back; Article IV, Fringe Benefits: Section 8, Welfare Benefit Trust; Article V, Leave Provisions: Section 1, Vacation, Subsection (E); adding Article IV, Fringe Benefits: Section 9, Post Employment Health Plan Programs; Article V, Leave Provisions: Section 7, Budget Concession Leave; and Article VII, General Provisions, Section 2, Term. (See New Staff Report and Resolution Attached) (Backup distributed May 18, 2009; Item No. 13) (No Cost to the City – Approximate Savings of $1,425,400 over 13 Months) MOTION: That said resolution be adopted. END OF CONTINUED ITEMS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM APRIL 6, 2009 Recommended for approval at the Redevelopment Committee Meeting on January 22, 2009 – Committee Members Present: Johnson, Baxter, Brinker R29. 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; item continued to April 6, 2009, Item No. R33.) 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) R29. 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. CONTINUED FROM MAY 4, 2009 Recommended for approval at the Redevelopment Committee meeting on April 23, 2009 – Committee Members Present: Johnson, Baxter, Brinker R30. Monique Fell – Establishment of a temporary employment position for an Economic Development Assistant (See New Staff Report and Resolution Attached) (Backup distributed on May 4, 2009, Item No. R40.) All Wards Resolution of the Community Development Commission of the City of San Bernardino, California, approving a temporary employment arrangement with Monique Fell to provide economic development services on behalf of the Redevelopment Agency of the City of San Bernardino. MOTION: That said resolution be adopted. TO BE HEARD AT 4:30 P.M. Recommended for approval at the Redevelopment Committee meeting on May 21, 2009 – Committee Members Present: Johnson, Baxter, Brinker R31. Public Hearing – American Recovery and Reinvestment Act (“ARRA”) of 2009 Public Hearing and Amendment to Consolidated Plan – Community Development Block Grant-Recovery (“CDBG-R”) Funds (See Attached) All Wards Resolution of the Mayor and Common Council of the City of San Bernardino consenting and approving the City Manager of the City of San Bernardino (“City”) to submit an application to the Department of Housing and Urban Development (“HUD”) for Community Development Block Grant-Recovery (“CDBG-R”) Funds. Mayor to open the hearing . . . MOTION: That the hearing be closed; and said resolution be adopted. TO BE HEARD AT 4:30 P.M. Recommended for approval at the Redevelopment Committee meeting on February 19, 2009 – Committee Members Present: Johnson, Baxter, Brinker R32. Joint Public Hearing – TELACU Housing – San Bernardino V, Inc., 2009 Affordable Senior Citizen Rental Housing Low and Moderate Income Housing Funds Grant Disposition and Development Agreement (Central City North Redevelopment Project Area) (See Attached) Ward 1 (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 corner of “G” and 4th Streets (APNs: 0134-093-019, 20, 43, and portions 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). Mayor to open the hearing . . . MOTION: That the hearing be closed; and said resolutions A and B, be adopted. Recommended for approval at the Redevelopment Committee meeting on May 21, 2009 – Committee Members Present: Johnson, Baxter, Brinker R33. Resolution of the Community Development Commission approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute the consent to the substitution of CAP VI Plaza, LLC a California limited liability company, as Co-General Partner and Owner of the Pioneer Park Plaza Development located at 555 North “G” Street, San Bernardino (Central City North Redevelopment Project Area). (See Attached) Ward 1 (Item Continued on Next Page) R33. Continued. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on May 21, 2009 – Committee Members Present: Johnson, Baxter, Brinker R34. Resolution of the Community Development Commission of the City of San Bernardino approving the forgiveness of $30,000 per parcel sales price on three Agency-owned parcels pursuant to the terms of the 2005 Meadowbrook Single Family Residential Development Agreement and its subsequent Amendment Nos. 1, 2 and 3 with Meadowbrook Park Homes, Inc. (IVDA Redevelopment Project Area). (See Attached) Ward 1 MOTION: That said resolution be adopted. R35. Item deleted. R36. Item deleted. Recommended for approval at the Redevelopment Committee meeting on April 23, 2009 – Committee Members Present: Johnson, Baxter, Brinker R37. Accept the San Bernardino Downtown Core Vision/Action Plan, and direct Agency Staff to proceed with implementation of the Downtown Core Vision/Action Plan (See Attached) Ward 1 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino concurring with the actions taken by the Community Development Commission of the City of San Bernardino regarding acceptance of the San Bernardino Downtown Core Vision/Action Plan. (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino accepting the San Bernardino Downtown Core Vision/Action Plan, and directing Agency Staff to proceed with actions identified in the Implementation Section of the Downtown Core Vision/Action Plan. (Item Continued on Next Page) R37. Continued. MOTION: That the Mayor and Common Council of the City of San Bernardino designate the following elected officials, Councilmember Estrada, Councilmember Brinker and Mayor Morris, who along with the Redevelopment Agency of the City of San Bernardino Staff and City Staff, will meet and work with the San Bernardino County Board representatives regarding the San Bernardino Downtown Core Vision/Action Plan and alternative sites and options that can meet the County’s space requirements in downtown San Bernardino; and that said resolutions A and B, be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING ITEMS CONTINUED FROM MAY 18, 2009 Development Services 38. 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; item continued to April 20, 2009, Item No. 47; item continued to May 18, 2009, Item No. 28.) 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 June 15, 2009. END OF PLANNING ITEMS 39. 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.) 40. Adjournment. MOTION: That the meeting be adjourned to 4 p.m., Monday, June 3, 2009, in the Economic Development Agency Boardroom to consider the Fiscal Year 2009/10 City and Economic Development Agency budgets. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, June 15, 2009, in the Council Chambers of City Hall, 300 North “D” Street, San Bernardino, California. 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.