HomeMy WebLinkAbout12-06-2004 Reg. Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, DECEMBER 6,2004 -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 13-15.)
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 - eXIstmg litigation - pursuant to
Government Code Section 54956.9(a):
City of San Bernardino Municipal Water Department v. The United
States Department of the Army - U.S. District Court Case Nos. CV 96-
8867 & CV 96-5205;
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(Item Continued on Next Page)
1. Continued.
City of San Bernardino, a Municipal Corporation and the Economic
Development Agency for the City of San Bernardino v. Valerie Pope-
Ludlam, Edward Negrete, Yolanda Negrete, Michael Beauregard, Allan
Steward, Inc., Steward & Associates, et al. - San Bernardino Superior
Court Case No. SCVSS 108965;
La France Hamilton v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 00-107 RT (RNBx);
Michael S. Curry v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 117294;
In Re: 1356 & 1358 Hillside Drive - San Bernardino Superior Court
Case No. SCVSS 120701;
Dale Blackwell v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 096441, 4th District Court of Appeals
Case No. EO 35038;
Stephen Peach v. City of San Bernardino, et al. - United States District
Court Case No. CV 03-9189 GAF.
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:
San Bernardino City ProfessionaZ Firefighters LocaZ 891 v. City
of San Bernardino and Larry Pitzer, Fire Chief
C. Conference with legal counsel - anticipated litigation - ImtIatlOn of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
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.
(Item Continued on Next Page)
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F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organizations:
General Unit
Mid- Management
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1.
Property:
Negotiating Parties:
Under Negotiation:
2.
Property:
Negotiating Parties:
Under Negotiation:
Uptown Project Area
3. Property:
Owner/Seller:
247 W. Third Street
Judith Valles, Mayor, on behalf of the
Redevelopment Agency, property owners, and
Gerry Newcombe, Deputy Administrative
Officer, on behalf of the County of San
Bernardino
Purchase price, terms and conditions
That parcel consisting of approximately 67.75
acres identified as Parcel 1-2 at the San
Bernardino International Airport, and generally
bounded by Harry Sheppard Boulevard, Del
Rosa Drive, Paul Villasenor Boulevard, and
Memorial Drive
Don Rogers on behalf of the Inland Valley
Development Agency. David Newsom on
behalf of Hillwood/San Bernardino LLC.
Bruce Varner on behalf of Stater Bros.
Markets. James F. Penman on behalf of the
City of San Bernardino
Terms and conditions
APN 0145-242-32, 0145-242-33
Mayor Judith Valles, on behalf of the
Redevelopment Agency of the City of San
Bernardino, property owner(s)
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Buyer:
San Bernardino City Unified School District
(" District")
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
3. Presentations.
4. Announcements by Mayor and Common Council.
All Consent Calendar items listed are considered to be routine by the City Council and
will be enacted by one motion. There will be no separate discussion of these items
unless a Council member or other interested persons so request, in which event the
item will be removed from the Consent Calendar and considered in its nonnal
sequence on the agenda. Infonnation concerning Consent Calendar items is
available for public review.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items 5 through
23, 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/Community Development
Commission, be waived.
6.
Claims and Payroll.
(See Attached)
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MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated November 24,2004,
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 November 23, 2004 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 Administrator
8. Set workshop for Monday, January 24, 2005, at 5:30 p.m. in the MIC Room at
City Hall for a presentation by Chuck Bader of Strategic Education Services
regarding state legislative issues. (See Attached)
MOTION: That a workshop be scheduled for Monday, January 24, 2005, at
5:30 p.m. in the MIC Room at City Hall for a presentation by
Chuck Bader of Strategic Education Services regarding state
legislative issues.
City Clerk
9. Review and take action regarding the need for continuing in effect the local
emergency caused by the Old Waterman Canyon Fire pursuant to Government
Code Section 8630 (c)( 1).
MOTION: That the Mayor and Common Council confirm the need for
continuing in effect the local emergency caused by the Old
Waterman Canyon Fire.
10. Resolution of the Mayor and Common Council of the City of San Bernardino,
California, reciting the facts of the Special Municipal Election held on the 2nd
day of November, 2004, declaring the results thereof and setting forth such
other matters as are provided by law. (See Attached) (No cost to the City.)
(Resolution not available at time of printing.) All Wards
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12/06/2004
MOTION: That said resolution be adopted.
Development Services
11. Resolution of the City of San Bernardino approving a Services Agreement with
FPL and Associates, Inc. for design of traffic signal street and storm drain
improvements at Highland Avenue and Central Avenue, TC04-27 and SD04-15
(City funded projects). (See Attached) (Cost to the City -- $34,900 [$9,440
from the Traffic Systems Construction Fund and $25,460 from the Stonn
Drain Construction Fund].) (Resolution not available at time of printing.)
Ward 4
MOTION: That said resolution be adopted.
12. Resolution of the City of San Bernardino approving a Services Agreement with
Transtech Engineers, Inc. for the design of new traffic signals and signal
modifications at six locations (City-funded projects). (See Attached) (Cost to
the City -- $84,975 from the Traffic Systems Construction Fund.)
(Resolution not available at time of printing.) Wards 2,3,5&7
MOTION: That said resolution be adopted.
13. Resolution of the City of San Bernardino authorizing the execution of
Amendment No. 1 to Construction and Maintenance Agreement between the
City of San Bernardino and the Southern California Regional Rail Authority
(SCRRA) to construct the Red1ands Subdivision "First Mile" Improvements.
(See Attached) (Cost to the City -- $125,658 from the % Cent Sales and Road
Tax Fund.) (Resolution not available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
14. Determination of Public Convenience or Necessity for a Type 20 (off-sale beer
& wine) ABC License for a service station with a 1,940 square foot convenience
store located at 906 North Waterman Avenue in the CG-1, Commercial
General, land use district. (See Attached)
Ward 1
MOTION: That the Mayor and Common Council determine that the public
convenience or necessity would be served by the issuance of the
license and direct the Development Services Department to send a
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12/06/2004
letter to the Department of Alcoholic Beverage Control for a
Type 20 (off-sale beer and wine) ABC License for a service
station with a 1,904 square foot convenience store located at 906
North Waterman Avenue in the CG-1, Commercial General, land
use district.
15. Resolution of the City of San Bernardino approving a services agreement with
TY Lin International for the preparation of a project study report/project report
for the University Parkway/Interstate 215 Interchange Loop Entrance Ramp
project. (Document and Resolution not available at time of printing.)
Wards 5&6
MOTION: That the Community Development Commission authorize
$100,000 of State College Bond Proceeds to be utilized for
funding the preparation of the Project Study Report/Project
Report for funding the preparation of the PSR/PR for the
University Parkway/Interstate 215 Interchange Loop Ramp
project; and that said resolution be adopted.
16. Set a workshop for Monday, January 10, 2005, at 5:30 p.m. in the Economic
Development Agency Boardroom to review the General Plan. (See Attached)
MOTION: That the Mayor and Common Council set a workshop for
Monday, January 10, 2005, at 5:30 p.m. in the Economic
Development Agency Boardroom to review the General Plan.
17. Resolutions authorizing the execution of Amendment No. Two to Professional
Services Agreement with Lim & Nascimento Engineering and Amendment No.
One with Myra L. Frank/Jones & Stokes for provision of professional
environmental services for the design of the Mt. V ernon Avenue Viaduct over
the BNSF Railroad. (See Attached)
Wards 1&3
A. Resolution of the City of San Bernardino approving Amendment No. 2
to Services Agreement with Lim & Nascimento Engineering Corporation
for project management of the Mt. V ernon Avenue Viaduct over the
BNSF Railroad. (Resolution not available at time of printing.)
B. Resolution of the City of San Bernardino approving Amendment No. 1
to Services Agreement with Myra L. Frank/Jones & Stokes for provision
of professional environmental services for the design of the Mt. Vernon
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12/06/2004
Avenue Viaduct over the BNSF Railroad. (Additional cost to the City -
- $101,075 from Federal and State Programs Fund and the General
Fund.) (Resolution not available at time of printing.)
MOTION: That said resolutions A&B, be adopted.
Facilities Mana~ement
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement with and issuance of a purchase
order to Gladstein, Neandross and Associates LLC in the amount of
$153,610.00 to design a CNG/LCNG fueling station for the City of San
Bernardino. (See Attached) (Cost to the City -- $153,610 from Congestion
Mitigation and Air Quality Funds.) (Resolution not available at time of
printing.) Ward 1
MOTION: That said resolution be adopted.
19. Resolution of the Mayor and Common Council of San Bernardino authorizing
the execution of a contract with and issuance of a purchase order to Gray/I. C. E.
Builders, Inc. for the Boys and Girls Club ADA restroom renovation project in
the City of San Bernardino. (See Attached) (Cost to the City -- $69,875 to be
reimbursed from County CDBG Funds.) (Resolution not available at time
of printing.) Ward 6
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2004/05 adopted budget and
increase Account No. 001-321-5706 by $9,900 and the offsetting
revenue account by $9,900 to reflect the County Community
Development Block Grant (CDBG) reimbursement to be
received.
Finance
20. Fiscal Year 200312004 to Fiscal Year 200412005 Continuing Appropriations and
Encumbrance Carryovers. (See Attached)
MOTION: That the Mayor and Common Council approve the attached
listing of Fiscal Year 200312004 Continuing Appropriation and
Encumbrance Carryover into Fiscal Year 200412005.
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12/06/2004
Fire
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Purchasing Manager or designee to issue a purchase order to
Motorola, Inc. in the amount of $79,716.12 for twenty-one (21) XTS 5000
Model III portable radios. (See Attached) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
Human Resources
22. Establishment of salaries for Fire Department Ranges P1, P2, P3, P4, P5, P6,
P7, Fire Marshal, Training Officer, and Firefighter Trainee; and Police
Department P1, P2, P3, and Law Enforcement Trainee, effective August 1,
2004. (Document not available at time of printing.)
MOTION #1: That the salaries for the following classifications be established
as outlined in the staff report dated November 23, 2004 from
Linn Livingston, Human Resources Director, effective August
1, 2004: Fire Department P1 (Firefighter); P2 (Firefighter/
Paramedic); P3 (Fire Engineer); P4 (Fire Investigator and
Captain); P5 (Battalion Chief); P6 (Deputy Fire Chief); P7
(Fire Chief); Fire Marshal; Training Officer; and Firefighter
Trainee; and for Police Department P1 (Police Officer); P2
(Detective); and P3 (Sergeant); and Law Enforcement Trainee;
and
MOTION #2: That the Mayor and Common Council authorize the Director of
Finance to amend the Fiscal Year 2004-2005 budget to transfer
$856,000 from the General Government budget (Account No.
001-092-5011) to the Fire Department budget in the General
Fund; and
MOTION #3: That the Mayor and Common Council authorize the Director of
Finance to amend the Fiscal Year 2004-2005 budget to transfer
$789,900 from the General Government budget (Account No.
001-092-5011) to the Police Department budget in the General
Fund; and
MOTION #4: That the Human Resources Department prepare an amendment
to Resolution No. 6429 to reflect the revised salaries.
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12/06/2004
Police
23. Resolution of the City of San Bernardino authorizing the Police Department to
enter into a Joint Services Agreement with the San Bernardino County Sheriff's
Department to coordinate law enforcement service delivery in the contiguous
residential area around the San Manuel Band of Mission Indians Casino. (See
Attached) (No cost to the City.) (Resolution not available at time of
printing.) Ward 4
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Heard at the Grants Committee Meetin~ on November 30, 2004 -
Committee Members present: Estrada and Lon~ville
24. Resolutions applying for and administering grants from the Roberti-Z'Berg-
Harris Urbanized Area Need basis Program. (See Attached) Wards 1&2
A. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor of the City of San Bernardino or her
designee to apply for and administer a grant from the Roberti-Z'Berg-
Harris Urbanized Area Need-basis Program under the California Clean
Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act
of 2002 for the Perris Hill Senior Center expansion. (Resolution not
available at time of printing.)
B. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor of the City of San Bernardino or her
designee to apply for and administer a grant from the Roberti-Z'Berg-
Harris Urbanized Area Need-basis Program under the California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act
of 2002 for the renovation of the Norton Recreation Center.
(Resolution not available at time of printing.)
MOTION: That said resolutions A & B, be adopted.
Heard at the Ways and Means Committee meetin~ on November 17, 2004 -
Committee Members Present: McCammack, Estrada and Derry
25. Receive and file the Fiscal Year 2003-04 Preliminary Year-End Report and the
Fiscal Year 2004-05 First Quarter Report. (See Attached)
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12/06/2004
MOTION: That the Mayor and Common Council receive and file the Fiscal
Year 2003-04 Preliminary Year-End Report and the Fiscal Year
2004-05 First Quarter Report.
END OF COMMITTEE CONSENT
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12/06/2004
PUBLIC HEARINGS
Police
CONTINUED FROM NOVEMBER 15, 2004
TO BE HEARD AT 4:00 P.M.
26. Public hearing - proposed expenditures of monies allocated from the FY
200412005 Local Law Enforcement Block Grant (LLEBG). (No backup
material was distributed on November 1, 2004, Item No. 26; Item was
continued to November 15, 2004, Item No. 32.)
Resolution of the City of San Bernardino authorizing the Mayor and Common
Council to obligate and expend the allocated FY 04/05 Local Law Enforcement
Block Grant (LLEBG) funds for law enforcement support expenditures.
(Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted;
and that the Director of Finance be authorized to amend the FY
2004-2005 budget as follows:
Transfer $128,300 from the Booking Fee Trust as revenue into
the General Fund (Account No. 001-000-4740 Miscellaneous
Police Receipts $45,300) and Information Services Fund
(Account No. 679-000-4901 Miscellaneous IS revenue $83,000);
to appropriate $128,300 to the Police Department's budget
(Account No. 001-221-50xx Salaries and Benefits $45,300), and
the Information Services Department's budget (Account No. 679-
251-50xx Salaries and Benefits $83,000); and to adjust the
Information Services Asset Forfeiture Budget to reflect the
shifting of $76,000 in equipment costs from the IS Fund (Account
No. 679-251-5702) to the Asset Forfeiture Fund (Account No.
108-271-5702) as discussed in the staff report dated December 1,
2004, from Police Chief Garrett Zimmon.
TO BE HEARD AT 4:00 P.M.
27. Public hearing - resolution ordering work - Magnolia Avenue and Ohio Avenue
Area Landscape Maintenance Assessment District No. 1030 - Tract No. 14604.
(See Attached.) (No cost to the City -- $4,000 processing fee paid by
applicant.) Ward 5
(Item Continued on Next Page)
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12/06/2004
27. Continued.
Resolution of the City of San Bernardino finding and determining the existence
of less than a majority protest, that ballots representing at least fifty percent
(50%) affirmative votes for the proposed assessment have been received and that
the public convenience and necessity require the maintenance of landscaping in
the area of Magnolia Avenue and Ohio Avenue, approving the final Engineer's
Report, creating an Assessment district to cover the costs of said maintenance,
known as Assessment District No. 1030, ordering the work, confirming the
2005-2006 Assessment Roll, and determining that the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931 shall not apply.
(Resolution not available at time of printing.)
Mayor to open the hearing. . .
MOTION: That the hearing be closed; and that said resolution be adopted.
(4/5ths vote required.)
END OF PUBLIC HEARINGS
CONTINUED ITEMS
Development Services
CONTINUED FROM NOVEMBER 15, 2004
28. Resolution of the City of San Bernardino approving a Professional Services
Agreement with Transtech Engineers, Inc. for planning, architecture and
engineering services to prepare the Santa Fe Depot District Area Plan. (Backup
material was distributed on November 15, 2004, Item No. 13.)
MOTION: That the Director of Finance be authorized to amend the Fiscal
Year 2004/05 budget to transfer a total of $90,000 from various
Capital Improvement Program (CIP) projects within the Santa Fe
Depot District to the Santa Fe Depot District Area Plan project,
as detailed in the staff report dated November 4, 2004, from
James Funk, Director of Development Services; and that said
resolution be adopted.
END OF CONTINUED ITEMS
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COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee meetin~ on
October 19, 2004 - Committee Members Present: Estrada, Lon~ville and
McGinnis
TO BE HEARD AT 5:00 P.M.
R29. Public Hearing to consider approval of the Meadowbrook Single Family
Residential Development Agreement with ANR Industries, Incorporated.
(Document not available at time of printing.)
MOTION: That the matter be continued to December 20,2004.
Recommended for approval at the Redevelopment Committee meetin~ on
November 2,2004 - Committee Members Present: Estrada and Lon~ville
TO BE HEARD AT 5:00 P.M.
R30. Public Hearing - proposed Disposition and Development Agreement between
the Redevelopment Agency and Waterman Holdings, LLC related to the
southwest corner of 4th and Waterman (APN 0135-191-11) - Central City East
Redevelopment Project Area. ((Document not available at time of printing.)
Ward 1
Mayor and Common Council
A. A Resolution of the Mayor and Common Council of the City of San
Bernardino approving the sale of certain real property by the
Redevelopment Agency of the City of San Bernardino to Waterman
Holdings LLC (4th & Waterman Avenue - APN 0135-191-11).
(Resolution not available at time of printing.)
Community Development Commission
B. A Resolution of the Community Development Commission of the City of
San Bernardino approving the sale of certain real property by the
Redevelopment Agency of the City of San Bernardino to Waterman
Holdings, LLC and authorizing the Agency Executive Director to
execute the Disposition and Development Agreement between the
Agency and Waterman Holdings, LLC (4th & Waterman Avenue - APN
0135-191-11). (Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolutions A &
B, be adopted.
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12/06/2004
TO BE HEARD AT 5:00 P.M.
R31. Public hearing - Disposition and Development Agreement with Bruce Gi1evich
and Jon Christiansen for purchase of Agency property located at 5055 N.
Hallmark Parkway. (Document not available at time of printing.)Ward 6
Mayor and Common Council
A. A Resolution of the Mayor and Common Council of the City of San
Bernardino approving the sale of certain real property by the
Redevelopment Agency of the City of San Bernardino to Bruce Gi1evich
and Jon Christiansen (5055 N. Hallmark Parkway) (Resolution not
available at time of printing.)
Community Development Commission
B. A Resolution of the Community Development Commission of the City of
San Bernardino approving the sale of certain real property by the
Redevelopment agency of the City of San Bernardino to Bruce Gi1evich
and Jon Christiansen, and authorizing the Agency Executive Director to
execute the Disposition and Development Agreement between the
Agency and Bruce Gi1evich and Jon Christiansen (5055 N. Hallmark
Parkway) (Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolutions A &
B, be adopted.
Recommended for approval at the Redevelopment Committee meetin~ on
November 16, 2004, - Committee Members Present: Estrada and McGinnis
R32. A Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency") to execute
the Professional Services Agreement by and between Cotton/Bridges/Associates
("Consultant") and the Agency. (Document and Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
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12/06/2004
CONTINUED FROM NOVEMBER 15, 2004
R33. Proposal to increase the capital contribution to the Grow San Bernardino Fund
by an additional $250,000 - Totally Kids, Inc. Project. (See Attached New Staff
Report) (Backup material was distributed on November 15, 2004, Item No.
R40.)
MOTION: That the Community Development Commission of the City of
San Bernardino approve and authorize the deposit of an additional
$250,000 with Grow America Fund, Inc., by the Redevelopment
Agency for credit to the Grow San Bernardino Fund account,
subject to the Inland Valley Development Agency (IVDA)
agreeing to contribute a like amount.
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12/06/2004
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
MONDAY, DECEMBER 6,2004 -7:00 P.M.
PRESENT:
ABSENT:
PLANNING ITEMS
TO BE HEARD AT 7:00 P.M.
34. Appeals of Planning Commission's approval of Conditional Use Permit No. 04-
08 to establish an Indoor Retail Concession Mall in a former grocery store at
2045 E. Highland Avenue. (See Attached) Ward 7
Applicant:
Sun Uk Hong
23706 Ingomar Street
West Hills, CA 91304
Appellant:
Tak Choi (No. 04-07)
999 N. Waterman Avenue
San Bernardino, CA 92410
Appellant:
Geoffrey Idah (No. 04-08)
2075 E. Highland Avenue, No. E
San Bernardino, CA
Request/Location: The appellants are appealing the Planning Commission's
approval of Conditional Use Permit No. 04-08 which is a request to establish a
41,994 square foot Indoor Retail Concession Mall in a former grocery store.
The subject site is located at 2045 E. Highland Avenue in the CG-1,
Commercial General, land use district.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that the Mayor and Common
Council deny the appeals and uphold the Planning Commission's
approval of Conditional Use Permit No. 04-08, based upon the
Findings of Fact contained in the Planning Commission staff
report, subject to the Conditions of Approval as amended, and
standard requirements.
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12/06/2004
35. 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.)
36. 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, December 20,2004, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
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12/06/2004
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.
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