Loading...
HomeMy WebLinkAbout08-03-2009 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, AUGUST 3, 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 12-15.) 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 subject to staff?s ability to post the documents before the meetings. CALL TO ORDER: ___________________________________________ PRESENT: ___________________________________________ ABSENT: ___________________________________________ 08/03/2009 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): Batey v. City of San Bernardino ? San Bernardino County Superior Court Case No. 141503; People of the State of California v. Allen, et al. ? San Bernardino County Superior Court Case No. CIVSS 818572; San Bernardino City Unified School District v. Imma Chacon, et al. ? San Bernardino County Superior Court Case No. CIVDS 908940; Luisa Maravilla v. City of San Bernardino et al. ? San Bernardino Superior Court Case No. CIVSS 707097; Loren Mesick v. City of San Bernardino ? San Bernardino Superior Court Case No. SCVSS 141527; Jan and Dan Batey v. City of San Bernardino ? San Bernardino Superior Court Case No. SCVSS 141503; Brady Armstrong v. Garrett W. Zimmon et al. ? San Bernardino Superior Court Case No. CIVDS 906212. (Item Continued on Next Page) 08/03/2009 2 1. Continued. 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) Human Potential Consultants, LLC v. City of San Bernardino 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 Vickie R. Smith 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. END OF CLOSED SESSION 08/03/2009 3 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 18 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 July 14, 2009, from Barbara Pachon, Director of Finance, be approved. 7. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated July 30, 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. 08/03/2009 4 City Manager 8. Resolutions authorizing a Master Cooperative Agreement by and between Omnitrans, the City of San Bernardino, and the Economic Development Agency of the City of San Bernardino for the Development of the "E" Street Corridor SBX Rapid Transit Project. (See Attached) (No Net cost to the City) Wards 1, 2, 3, 5, & 7 Mayor and Common Council A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Cooperative Agreement by and between the City, the Economic Development Agency and Omnitrans for the Development of the "E" Street Corridor SBX Rapid Transit Project. (Resolution not available at time of printing.) Community Development Commission B. Resolution of the Community Development Commission of the City of San Bernardino authorizing the Interim Director of the Redevelopment Agency to execute a Master Cooperative Agreement by and between the City of San Bernardino, the Economic Development Agency and Omnitrans for the Development of the "E" Street Corridor SBX Rapid Transit Project. (Resolution not available at time of printing.) MOTION: That said resolutions A and B, be adopted. 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Agreement by and between the Inland Valley Development Agency and the City of San Bernardino for provision of City services for Fiscal Year 2009/2010. (See Attached) (No Net Cost to the City - $162,790 in Revenue) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. Code Enforcement 10. Resolution of the City of San Bernardino objecting to the August 2009 tax sale of properties with City assessments. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. 08/03/2009 5 Development Services 11. Resolution of the City of San Bernardino approving an Agreement for Services with Bureau Veritas North America, Inc. to provide on-call plan review services for the sbX ?E? Street Corridor Bus Rapid Transit Project. (See Attached) (No Net Cost to the City - $409,285 EDA Reimbursement) (Resolution not available at time of printing.) Wards 1, 2, 3, 4, 5 & 7 MOTION: That said resolution be adopted. 12. Resolution of the City of San Bernardino authorizing the City Manager to execute Agreements for Services with the firms of Aecom, AEI-CASC Consulting, David Evans and Associates, Inc., Lim & Nascimento Engineering Corporation, Transtech Engineers, Inc. and Willdan for on-call civil engineering design and project management services for the Capital Improvement Program (CIP). (See Attached) (Cost to the City $1,000,000 from various CIP Projects) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 13. Resolution of the City of San Bernardino authorizing the execution of Amendment No. 1 to agreement with LAN Engineering Corporation to provide Civil Engineering Design Services and Project Management Services for State th Street from 16 Street to Foothill Boulevard ? extend and construct (4) lanes of roadway (1.5 miles) to connect State Street to Rancho Avenue (SS04-09). (See Attached) (Cost to the City ? $800,000 from the Regional Circulation Fund) Ward 6 MOTION: That said resolution be adopted. 14. Item deleted. Fire 15. Resolution of the City of San Bernardino amending the City?s Master Fee Schedule, Resolution 2009-122, to reflect the new hazardous material spill fee. (See Attached) (No Net Cost to the City) All Wards MOTION: That said resolution be adopted. 08/03/2009 6 Parks, Recreation and Community Services 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Vendor Service Agreement and the Director of Finance to issue an annual purchase order to Cliff?s Pest Control, Inc., in the amount of $50,300 for FY 09/10 pursuant to Municipal Code Section 3.04.010-B3. (See Attached) (Cost to the City - $50,300; $47,000 from the General Fund and $3,300 from the Cemetery Fund) All Wards MOTION: That said resolution be adopted. 17. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying an increase in the amount of $24,800 to Purchase Order No. 302921 issued to W. Wood and Associates for additional emergency repair work related to the well pump repairs at the soccer complex. (See Attached) (Cost to the City - $24,800 from Soccer Field Complex Fund) (Resolution not available at time of printing.) Ward 7 MOTION: That said resolution be adopted. Public Services 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Public Services Department to apply for technical assistance from the California Energy Commission. (See Attached) (No Net Cost to the City) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Ad Hoc Committee meeting of July 14, 2009 ? Committee Members Present: Baxter, Estrada, Johnson Parks, Recreation and Community Services 19. Resolution of the City of San Bernardino ratifying the submittal of a grant application to the Community Action Partnership of San Bernardino County for American Recovery and Reinvestment Act Community Services Block Grant Funding in the amount of $29,475 to supplement funding for the Senior Companion Program through June 30, 2010. (See Attached) (No Net Cost to the City - $29,475 in Grant Revenues) All Wards MOTION: That said resolution be adopted. 08/03/2009 7 Recommended for approval at the Grants Ad Hoc Committee meeting of July 14, 2009 ? Committee Members Present: Baxter, Estrada, Johnson Parks, Recreation and Community Services 20. Resolution of the City of San Bernardino ratifying the submittal of a grant application to Kaiser Permanente for funding in the amount of $20,000 to augment the Parks, Recreation and Community Services Department Swim Program for the 2009 summer season. (See Attached) (No Cost to the City - $20,000 in Grant Revenue) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Grants Ad Hoc Committee meeting of July 14, 2009 ? Committee Members Present: Baxter, Estrada, Johnson Public Services 21. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of the 2009/10 Used Oil and Filter Recycling Block Grant application for grant funds from the California Integrated Waste Management Board. (See Attached) (No Cost to the City - $30,000 in Grant Funding) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Legislative Review Committee meeting of July 21, 2009 ? Committee Members Present: Brinker, McCammack, Shorett City Attorney 22. Ordinance of the City of San Bernardino adding San Bernardino Municipal Code Chapter 17.06 relating to the City of San Bernardino Water Wise Landscape Program. FIRST READING (Staff Report and Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. Reviewed at the Ways & Means Committee meeting of July 22, 2009 ? Committee Members Present: Kelley, Baxter, Brinker City Manager 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an agreement with the City of San Bernardino and Western Regional Little League Baseball for financial assistance from the Civic and Promotion Fund for FY 2009-10. (See Attached) (Cost to the City - $43,410; $5,000 direct and $38,410 indirect from the Civic and Promotion Fund) Ward 5 MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT 08/03/2009 8 PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. City Clerk 24. Public Hearing ? Imposing liens on property located within the City of San Bernardino 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 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. 25. Item deleted. TO BE HEARD AT 4:30 P.M. CONTINUED FROM JULY 20, 2009 Development Services 26. Public Hearing ? An Urgency Ordinance adding Area 6 to the areas designated within the Emergency Shelter Overlay District as provided in Development Code Section 19.10-E.020. (See New Memo dated July 30, 2009) (Backup distributed on July 20, 2009, Item No. 22) All Wards A. An Urgency Ordinance adding Area 6 to the areas designated within the Emergency Shelter Overlay District as provided in Development Code Section 19.10-E.020, declaring the urgency thereof, and taking effect immediately. URGENCY B. Ordinance adding Area 6 to the areas designated within the Emergency Shelter Overlay District as provided in Development Code Section 19.10-E.020. FIRST READING Mayor to open the hearing? (Item Continued on Next Page) 08/03/2009 9 26. Continued. MOTION: That the matter be continued to August 17, 2009; and that Planning staff be directed to prepare an ordinance to allow homeless facilities at 673 S. Waterman Avenue, subject to the City Attorney?s determination as to whether to proceed with a regular or urgency ordinance or both. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM JULY 6, 2009 Development Services 27. Resolution of the City of San Bernardino authorizing and directing the execution of a quitclaim deed to Camden Holdings, LLC, for vacated Gannett Parkway, between Hallmark Parkway and Georgia Boulevard and an adjacent storm drain easement and authorizing the acceptance of easement for storm drainage purposes, an easement for emergency vehicle access and an easement and right of way for sidewalk ramps and traffic signal facilities. (No Cost to the City) (Backup distributed on July 6, 2009, Item No. 16.) (Resolution not available at time of printing.) Ward 6 MOTION: That the matter be tabled. CONTINUED FROM JULY 6, 2009 Development Services 28. Resolution of the City of San Bernardino authorizing and directing the execution of a Grant of Easement to Southern California Edison across City owned property located on the northeast corner of Palm Avenue and Irvington Avenue, known as Tom Minor Park (APN 0261-691-48) (No Cost to the City) (Backup distributed on June 15, 2009, Item No. 15; item continued to July 6, 2009, Item No. 52.) (Resolution not available at time of printing.) Ward 5 MOTION: That the matter be continued to August 17, 2009. CONTINUED FROM JULY 6, 2009 Development Services 29. Resolutions approving the 2009/2010 Assessment Rolls ? various Assessment Districts. (See New Resolutions) (Cost to the City for items X, Y, AA, and DD - $52,665.37 from various Assessment Districts Funding) (Backup distributed on June 15, 2009, Item No. 17; item continued to July 6, 2009, Item No. 53.) Wards 3 & 5 (Item Continued on Next Page) 08/03/2009 10 29. Continued. X. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1016, Landscaping Maintenance District, Coulston Street area. Ward 3 Y. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1017, Landscaping Maintenance District, Pine Avenue and Kendall Drive area. Ward 5 AA. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1019, Landscaping Maintenance District, Northpark Boulevard and Mountain Drive area. Ward 5 DD. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1023, Landscaping Maintenance District, Elm Avenue and Coulston Street area. Ward 3 MOTION: That said resolutions X, Y, AA, and DD, be adopted. CONTINUED FROM JULY 20, 2009 Development Services 30. 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; item continued to June 1, 2009, Item No. 26; item continued to June 15, 2009, Item No. 40; item continued to July 6, 2009, Item No. 51; item continued to July 20, 2009, Item No. 23.) (Resolution not available at time of printing.) Wards 1 & 3 MOTION: That the matter be continued to August 17, 2009. CONTINUED FROM JULY 20, 2009 Heard at the Personnel Committee meeting of July 14, 2009 ? Committee Members Present: Estrada, Kelley, McCammack Human Resources 31. Fire Department Reorganization (Backup distributed on July 20, 2009, Item No. 19.) (Item Continued on Next Page) 08/03/2009 11 31. Continued. Personnel Committee Recommendation MOTION 1: That the Fire Department?s Management staff be kept as is; and that the Fire Department be directed to generate additional revenue of $254,200 (FY 09/10) through compliance enforcement and the additional revenue be used to reinstate Firefighter positions. OR Staff Recommendation MOTION 2: That the Fire Department Reorganization Plan be implemented as outlined in Attachment A and the savings be used to balance the FY 09/10 budget as proposed in the budget workshops. END OF CONTINUED ITEMS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM JULY 20, 2009 TO BE HEARD AT 4:30 P.M. Recommended for approval at the Redevelopment Committee meeting of June 18, 2009 ? Committee Members Present: Johnson, Baxter, Brinker R32. Joint Public Hearing ? Meta Housing, Inc., Magnolia Highland, L.P., Disposition and Development Residual Receipts Loan Agreement (The Magnolia at Highland Project ? Northwest Redevelopment Project Area) (See Attached) (No backup distributed July 20, 2009, Item No. R24.) Ward 6 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 southwest corner of Highland Avenue and Medical Center Drive (APN?s: 0143- 191-38, 46 and 63) to Meta Housing, Inc. ? Magnolia Highland, L.P., for the development of 79 units of affordable senior citizen rental housing (Northwest Redevelopment Project Area). (Item Continued on Next Page) 08/03/2009 12 R32. 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 (?Agency?) to execute the 2009 Affordable Senior Citizen Rental Housing Acquisition, Disposition and Development Agreement (?DDA?) by and between the Agency and Meta Housing, Inc. ? Magnolia Highland, L.P. (Northwest Redevelopment Project Area). Mayor to open the hearing . . . MOTION: That the hearing be closed and that said Resolutions A and B, be adopted. CONTINUED FROM JULY 20, 2009 Recommended for approval at the Redevelopment Committee meeting of May 7, 2009 ? Committee Members Present: Johnson, Brinker R33. City of San Bernardino and the Redevelopment Agency of the City of San Bernardino ? Adoption of a Policy regarding the distribution of tickets or passes pursuant to the requirements of Fair Political Practices Commission Regulation 18944.1. (See New Staff Report and Resolutions) (Backup distributed on July 6, 2009, Item No. R58; item continued to July 20, 2009, Item No. R27.) All Wards Mayor and Common Council A. Resolution of the Mayor and Common Council of the City of San Bernardino adopting a Joint Policy with the Redevelopment Agency of the City of San Bernardino regarding the distribution of tickets or passes pursuant to the requirements of Fair Political Practices Commission Regulation 18944.1. Community Development Commission B. Resolution of the Community Development Commission of the City of San Bernardino adopting a Joint Policy with the City of San Bernardino regarding the distribution of tickets or passes pursuant to the requirements of Fair Political Practices Commission Regulation 18944.1. MOTION: That said resolutions A and B, be adopted. 08/03/2009 13 R34. Item deleted. Recommended for approval at the Redevelopment Committee meeting of July 9, 2009 ? Committee Members Present: Johnson, Baxter, Brinker R35. Professional Services Agreements: Rosenow Spevacek Group, Inc. (Merger and Plan Amendments) and RBF Consulting (Program EIR ? Merger and Plan Amendments) (See Attached) Wards 1 & 3 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 Contract for Professional Services by and between the Agency and Rosenow Spevacek Group, Inc., to provide consultant services in connection with merging certain redevelopment project areas and plan amendments (Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas). 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 Contract for Professional Services by and between the Agency and RBF Consulting, to provide consultant services in connection with the preparation of a program environmental impact report for the proposed project areas merger and plan amendments (Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas). MOTION: That said resolutions A and B, be adopted. R36. Waterman Holdings, LLC ? Implementation of Amendment No. 4 to the DDA approved on December 15, 2008 ? Approve Defense, Indemnification and Hold Harmless Agreement and Easement, Maintenance and Operation Agreement (Central City East 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 approving a Defense, Indemnification and Hold Harmless Agreement between the City of San Bernardino and Waterman Holdings, th LLC, concerning real property (4 and Waterman Avenue ? APN: 0135- 191-17) (Central City East Redevelopment Project Area). (Resolution not available at time of printing.) (Item Continued on Next Page) 08/03/2009 14 R36. Continued. B. Resolution of the Mayor and Common Council of the City of San Bernardino approving an Easement, Maintenance and Operation Agreement between the City of San Bernardino and Waterman Holdings, th LLC, concerning real property (4 Street and Waterman Avenue ? APN: 0135-191-17) (Central City East Redevelopment Project Area). (Resolution not available at time of printing.) MOTION: That said resolutions A and B, be adopted. R37. Mobile Home Rent Board Expenditure ? Approve transfer of Low and Moderate Income Housing Fund for Mobile Home Rent Board use ? Appropriate Agency Low/Moderate Housing Funds to the General Fund (See Attached) Wards 3 & 7 Community Development Commission Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the appropriation of an amount not to exceed $44,480 from the Redevelopment Agency of the City of San Bernardino Low and Moderate Income Housing Funds for transfer to the City of San Bernardino General Fund for costs associated with the procurement of an Independent Appraiser, Spanish Translator and Hearing Officer as it relates to the proposed rent increases for Orangewood, Hillside, Glen Aire and Pacific Palms Mobile Home Parks. MOTION 1: That the Mayor and Common Council of the City of San Bernardino request the appropriation of an amount not to exceed $44,480 from the Redevelopment Agency of the City of San Bernardino Low and Moderate Income Housing Funds for deposit to the City of San Bernardino General Fund for costs associated with the procurement of an Independent Appraiser, Spanish Translator and Hearing Officer as it relates to the proposed rent increases for Orangewood, Hillside, Glen Aire and Pacific Palms Mobile Home Parks. MOTION 2: That the Community Development Commission of the City of San Bernardino adopt said resolution. R38. Item deleted. END OF COMMUNITY DEVELOPMENT COMMISSION 08/03/2009 15 PLANNING ITEMS CONTINUED FROM JULY 20, 2009 TO BE HEARD AT 4:30 P.M. Development Services 39. 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; item continued to June 1, 2009, Item No. 38; item continued to June 15, 2009, Item No. 46; item continued to July 6, 2009, Item No. 64; item continued to July 20, 2009, Item No. 29.) 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 August 17, 2009. TO BE HEARD AT 4:30 P.M. Development Services 40. Public Hearing - Request for reconsideration of the denial of Conditional Use Permit (CUP) No. 07-04 to establish a gas station, car wash, mini-mart with Type 20 Alcoholic Beverage Control (ABC) license, 2 drive-thru restaurants and Tentative Parcel Map (TPM) No. 19162 to create 3 parcels on 2.1 acres at the northeast corner of Inland Center Drive and "I" Street and Development Code Amendment (DCA) No. 08-02, an ordinance to revise location standards for convenience stores and ABC licenses. (Staff Report not available at time of printing.) Mayor to open the hearing. . . MOTION: That the matter be continued to August 17, 2009. END OF PLANNING ITEMS 08/03/2009 16 CONTINUED FROM JULY 28, 2009 City Manager 41. Set Budget Workshop date for FY 2009/10 budget discussions. (Backup distributed July 28, 2009, Item No. 3.) 42. 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.) 43. 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, August 17, 2009, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 08/03/2009 17 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. 08/03/2009 18