HomeMy WebLinkAbout05-02-2005 Reg. Agenda
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Judith Valles
Council Members:
Esther Estrada
Susan Longville
Gordon McGinnis
Neil Derry
Chas Kellev
Rikke Van Johnson
Wendy McCammack
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
MONDAY, MAY 2,2005 -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 12-14.)
CALL TO ORDER.
PRESENT
ABSENT
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
A three-rmnute lIrmtatIOn shall apply to each member of the publIc who wIshes to
address the Mayor and Common CouncIlICommumty Development COmmISSIOn. No
member of the publIc shall be penmtted to "share" ills/her three rmnutes wIth any other
member of the publIc
1
05/02/2005
CLOSED SESSION
1 Pursuant to Government Code SectIOn(s)
MOTION: That the Mayor and Common CouncIl and Commumty
Development COmmISSIOn recess to closed seSSIOn for the
followmg
A Conference wIth legal counsel - eXIstmg lItIgatIOn - pursuant to
Government Code SectIOn 54956 9(a)
Sequenta Lawrence, et al v CIty of San Bernardmo, et al - Umted
States DIstnct Court Case No EDCV 04-00336 RT (SGLx),
Laune Tully v CIty of San Bernardmo - Workers CompensatIOn
Appeals Board Case No 80 SBR 76408,
Fire CaptaIn Ralph P Romero, an mdIvIdual v CIty Attorney James
Penman, an mdIvIdual and m ills officIal capacIty, CIty CounCIl Member
Wendy McCammack, as an mdIvIdual and m her officIal capacIty, and
Does 1 through 10 mclusIve - Umted States DIstnct Court Case No
5 05-CV -00329-SGL,
Mohammed FawzI Hassan, et al v CIty of San Bernardmo et al -
Umted States DIstnct Court Case No EDCV 05-328 V AP (SGLx),
Juan Espmoza, et al v CIty of San Bernardmo, et al - Umted States
DIstnct Court Case No ED CV 04-1513 SVW (SGLx)
B Conference wIth legal counsel - antIcIpated lItIgatIOn - sIgmficant
exposure to lItIgatIOn - pursuant to subdIVIsIOn (b) (1), (2), (3) (A-F) of
Government Code SectIOn 54956 9
C Conference wIth legal counsel - antIcIpated lItIgatIOn - ImtIatIOn 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 Cillef of PolIce on matters posmg a threat to the
secunty of publIc bUIldmgs or threat to the publIc's nght of access to
publIc servIces or publIc facIlItIes - pursuant to Government Code
SectIOn 54957
2
05/02/2005
F Conference wIth labor negotiator - pursuant to Government Code
SectIOn 54957 6
Negotiator
Linn LIvmgston, Human Resources DIrector
Employee OrgamzatIOn.
San Bernardmo PolIce Management ASSOCiatIOn
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.
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
Uptown Redevelopment Project Area
3
Property
Owner/Seller
APN 0145-242-32 and APN 0145-242-33
Mayor Judith Valles, on behalf of the
Redevelopment Agency of the City of San
Bernardino, property owner(s)
3
05/02/2005
Buyer
San Bernardino City Unified School District
(" District")
Central City North Redevelopment Project Area
4
Property
Negotiating Parties
Under Negotiation.
5
Property
Negotiating Parties
Under Negotiation.
708 W 4th Street
APN 0134-093-45
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency, and Chiyo
Lapham, property owner(s)
Purchase price, terms and conditions
495 N "G" Street
APN 0134-101-28
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency, and Dae W
Hong and Jeong I Hong, property owners
Purchase price, terms and conditions
END OF CLOSED SESSION
4
05/02/2005
RECONVENE MEETING - 3:00 P.M.
PRESENT
ABSENT
INVOCATION
PLEDGE
2 Appomtments
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 mdIcated by consent calendar Items 5 through
20, be adopted except for _, _, _, _, and _
5 WaIve full readmg of resolutIOns and ordmances
MOTION: That full readmg of the resolutIOns and ordmances on the regular,
supplemental and addendum to the supplemental agendas of the
Mayor and Common CouncIlICommumty Development
COmmISSIOn and San Bernardmo CIty Housmg Authonty, be
waIved.
6
CouncIl Mmutes
(See Attached)
MOTION: That the rmnutes of the followmg meetmgs of the Mayor and
Common CouncIlICommumty Development COmmISSIOn of the
CIty of San Bernardmo be approved as subrmtted m typewntten
form. April 4, 2005 (Distributed 011 4/26/05)
April 18, 2005 (Distributed 011 4/27/05)
5
05/02/2005
7
ClaIms and Payroll.
(See Attached)
MOTION: That the claIms and payroll and the authonzatIOn to Issue
warrants as lIsted on the memorandum dated Apnl 26, 2005,
from Barbara Pachon, DIrector of Finance, be approved.
8
Personnel ActIOns
(See Attached)
MOTION: That the personnel actIOns, as subrmtted by the Cillef Exarmner,
dated Apnl 26, 2005 m accordance wIth CIVIl ServIce rules and
Personnel polIcIes adopted by the Mayor and Common CouncIl of
the CIty of San Bernardmo, be approved and ratIfied.
City Attorl1ey
9 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
approvmg the destructIOn of certaIn records no longer reqUIred to be maIntaIned
by the San Bernardmo CIty Attorney's Oftlce (Documel1t al1d Resolutiol1l1ot
available at time of pril1til1g.)
MOTION: That saId resolutIOn be adopted.
10 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
authonzmg the executIOn of a ProfessIOnal ServIces Agreement between Best,
Best, & Kneger and the CIty of San Bernardmo to represent the CIty m the case
of Ronald Van Rossum v. City of San Bernardino, State Oftlce of AdrmmstratIve
Hearmg File No L2005-0229 (Documel1t al1d Resolutiol1 110t available at
time of printing.)
MOTION: That saId resolutIOn be adopted.
LAID OVER FROM APRIL 18, 2005
11 An Ordmance of the CIty of San Bernardmo amendmg SectIOn 8 60 070 (P) of
the San Bernardmo MumCIpal Code, addmg SectIOn 8 60 095 to the San
Bernardmo MumCIpal Code, and amendmg SectIOns 8 60 130 (A) and (C) of the
San Bernardmo MumCIpal Code relatmg to fireworks FINAL READING
(Backup material distributed 011 April 18, 2005, Item No. 27.)
MOTION: That saId ordmance be adopted, and that the DIrector of Finance
be authonzed to amend the FY 2004/05 budget as mdIcated m the
staff report dated, Apnl 13, 2005, from James Penman, CIty
6
05/02/2005
Attorney
City Clerk
12 RevIew and take actIOn regardmg the need for contmumg m 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
contmumg m effect the local emergency caused by the Old
Waterman Canyon Fire
13 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
requestmg that the CIty of San Bernardmo' s pnmary electIOn be consolIdated
wIth the November 8, 2005 consolIdated electIOn conducted by the County of
San Bernardmo (See Attached) (Cost to the City -- $95,900 from the
Gel1eral FUl1d.) (Resolutiol1l1ot available at time of pril1til1g.)
MOTION: That saId resolutIOn be adopted.
Fil1al1ce
14 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
authonzmg and approvmg the borrowmg of funds for Fiscal Year 2005-2006,
the Issuance and sale of a 2005-2006 Tax and Revenue AntIcIpatIOn Note
therefor and partIcIpatIOn m the CalIfornIa CommumtIes Cash Flow Financmg
Program. (See Attached) (Resolutiol1l1ot available at time of pril1til1g.)
MOTION: That saId resolutIOn be adopted.
Fire
15 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
ratIfymg the subrmttal of the budget detaIl worksheet for the Fiscal Year 2005
MetropolItan MedIcal Response System (MMRS) Grant Program to the San
Bernardmo County Fire Department, Office of Emergency ServIces (See
Attached) (No cost to the City -- $220,764 gral1t fUl1dil1g available.)
(Resolutiol1l1ot available at time of pril1til1g.) All Wards
MOTION: That saId resolutIOn be adopted.
7
05/02/2005
16 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
ratIfymg the subrmttal of the budget detaIl worksheet for the Fiscal Year 2005
Homeland Secunty Grant Program to the San Bernardmo County Fire
Department, Office of Emergency ServIces (See Attached) (No cost to the
City -- $41,385 il1 gral1t fUl1dil1g available.) (Resolutiol1 110t available at
time of pril1til1g.)
MOTION: That saId resolutIOn be adopted.
Il1formatiol1 Services
17 ResolutIOn of the CIty of San Bernardmo authonzmg a First Amendment to the
Contract for 800 MHz RadIO Time-aIr ServIces between the CIty and Patton
State HOSpItal. (See Attached) (No cost to the City -- $11,091 il1 projected
revel1ue.) (Resolutiol1l1ot available at time of pril1til1g.)
MOTION: That saId resolutIOn be adopted.
Parks, Recreatiol1 & Commul1ity Services
18 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
authonzmg the executIOn of a Land Lease Agreement between the CIty and
Trautwem ConstructIOn, Inc for the use of the property located east of PIOneer
Memonal Cemetery for the temporary storage of eqUIpment. (See Attached)
(No cost to the City - Al1ticipated revel1ue up to $6,000.) (Resolutiol1 110t
available at time of pril1til1g.) Ward 1
MOTION: That saId resolutIOn be adopted.
Public Services
19 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
authonzmg the executIOn of a Purchase Order to FaIrvIew Ford for mneteen
(19) Year 2005 Ford Crown Victona PolIce Interceptors, and authonzmg the
Purchasmg Manager to SOlICIt Lease-Purchase rate quotes and award a lease-
purchase to the lowest responsible leasmg company (See Attached) (Cost to
the City -- $499,302.52 plus lease costs; lease paymel1ts to be budgeted over
three year period.) (Resolutiol1l1ot available at time of pril1til1g.)
MOTION: That saId resolutIOn be adopted.
8
05/02/2005
20 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
authonzmg the executIOn of a Purchase Order to MumCIpal MaIntenance
EqUIpment, Inc for a Stenl-Kom Model ST4250-8 54,000 lb four-post heavy
duty veillcle 11ft. (See Attached) (Cost to the City -- $57,115.61 from various
fUl1ds.) (Resolutiol1l1ot available at time of pril1til1g.) All Wards
MOTION: That saId resolutIOn be adopted, and authonze the DIrector of
Finance to amend the FY 2004/05 Refuse and Fleet budgets and
appropnate $57,115 61 for the emergency purchase of the above
described veillcle 11ft.
END OF CONSENT CALENDAR
PUBLIC HEARINGS
CONTINUED FROM FEBRUARY 22, 2005
TO BE HEARD AT 4:00 P.M.
City Clerk
21 Appeal hearmg regardmg the results of a transIent lodgmg tax audIt for the
Budget Lodge (Backup material distributed 011 February 22, 2005, Item
No. 20.)
The hearil1g remail1s opel1 . . .
MOTION: That the matter be contmued to July 18, 2005
CONTINUED FROM FEBRUARY 22, 2005
TO BE HEARD AT 4:00 P.M.
22 Appeal hearmg regardmg the results of a transIent lodgmg tax audIt for the
Desert Inn Motel (Backup material distributed 011 February 22, 2005, Item
No. 21.)
Mayor to opel1 the hearil1g . . .
9
05/02/2005
MOTION: That the matter be contmued to July 18, 2005
CONTINUED FROM FEBRUARY 22, 2005
TO BE HEARD AT 4:00 P.M.
23 Appeal hearmg regardmg the results of a transIent lodgmg tax audIt for the
Econo Lodge (Backup material distributed 011 February 22, 2005, Item No.
22.)
Mayor to opel1 the hearil1g . . .
MOTION: That the matter be contmued to July 18, 2005
CONTINUED FROM FEBRUARY 22, 2005
TO BE HEARD AT 4:00 P.M.
24 Appeal hearmg regardmg the results of a transIent lodgmg tax audIt for the
Footillll Motel (Backup material distributed 011 February 22, 2005, Item
No. 23.)
Mayor to opel1 the hearil1g . . .
MOTION: That the matter be contmued to July 18, 2005
CONTINUED FROM FEBRUARY 22, 2005
TO BE HEARD AT 4:00 P.M.
25 Appeal hearmg regardmg the results of a transIent lodgmg tax audIt for the
Kmghts Inn. (Backup material distributed 011 February 22, 2005, Item No.
24.)
Mayor to opel1 the hearil1g . . .
MOTION: That the matter be contmued to July 18, 2005
CONTINUED FROM FEBRUARY 22, 2005
TO BE HEARD AT 4:00 P.M.
26 Appeal hearmg regardmg the results of a transIent lodgmg tax audIt for the
Terrace Motel (Backup material distributed 011 February 22, 2005, Item
No. 25.)
10
05/02/2005
Mayor to opel1 the hearil1g . . .
MOTION: That the matter be contmued to July 18, 2005
TO BE HEARD AT 4:00 P.M.
27 PublIc hearmg - Agreement wIth Nestor Traffic Systems for a Traffic SIgnal
ViolatIOn Video Enforcement System.
Mayor to opel1 the hearil1g . . .
A. Resolution of the Mayor and Common Council of the City of San
Bernardino approving a Lease and Services Agreement with Nestor
Traffic Systems, Inc., for a Traffic Signal Violation Video-
Enforcement System. (Resolutiol1l1ot available at time of pril1til1g.)
B. Resolution of the Mayor and Common Council of the City of San
Bernardino approving an Addendum to the Maintenance Agreement for
Traffic Signal Red Light Enforcement Equipment in State Routes in
the City of San Bernardino with Caltrans.
MOTION: That the hearmg be closed, and that saId resolutIOns A &
B, be adopted.
CONTINUED FROM APRIL 18, 2005
TO BE HEARD AT 4:00 P.M.
28 PublIc hearmg - resolutIOn ordenng work - Orange Show Road and Arrowhead
Avenue Landscape MaIntenance Assessment DIstnct No 1038 (Parcel No
16222) Backup material was distributed 011 February 7, 2005, Item No. 18;
item was cOl1til1ued to February 22, 2005, Item No, 17; item was cOl1til1ued
to March 7, 2005, Item No. 18; item was cOl1til1ued to March 21, 2005, Item
No. 31; item was cOl1til1ued to April 4, 2005, Item No. 25; al1d item was
cOl1til1ued to April 18, 2005, Item No. 28.
ResolutIOn of the CIty of San Bernardmo findmg and detenmmng the eXIstence
of less than a maJonty protest, that ballots representmg at least fifty percent
(50%) affirmatIve votes for the proposed assessment have been receIved and that
the publIc convemence and necessIty reqUIre the maIntenance of landscapmg m
the area of Orange Show Road and Arrowhead Avenue, approvmg the Final
Engmeer's Report, creatmg an assessment dIstnct to cover the costs of saId
maIntenance, known as Assessment DIstnct No 1038 ordenng the work,
confinmng the 2005-2006 Assessment Roll, and detenmmng that the SpecIal
Assessment InveStIgatIOn, LIrmtatIOn and MaJonty Protest Act of 1931 shall not
apply
The hearil1g remail1s opel1 . . .
11
05/02/2005
MOTION: That the hearmg be closed, and that saId resolutIOn be adopted.
(A four-fifths vote of the Council IS reqUIred.)
END OF PUBLIC HEARINGS
CONTINUED ITEMS
Developmel1t Services
CONTINUED FROM APRIL 18, 2005
29 ResolutIOn approvmg an Agreement wIth Essex Orangeshow Commerce LC for
Landscape MaIntenance ServIces for CIty unposed Landscape MaIntenance
Assessment DIstnct No 1038 (Parcel Map No 16222) (No backup material
was distributed 011 April 18, 2005, Item No. 29.)
MOTION: That saId resolutIOn be adopted.
CONTINUED FROM APRIL 25, 2005
30 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
approvmg Amendment No 2 to that certaIn Loan Agreement by and among the
CIty of San Bernardmo, the San Bernardmo Valley MumCIpal Water DIstnct,
and the San Bernardmo RegIOnal Water Resources Authonty (Backup material
was distributed 011 April 25, 2005, Item No.3.)
MOTION: That the matter be contmued to May 16, 2005
END OF CONTINUED ITEMS
COMMUNITY DEVELOPMENT COMMISSION
CONTINUED FROM APRIL 4, 2005
TO BE HEARD AT 5:00 P.M.
R3l Hearmg - resolutIOn of publIc mterest and necessIty for acqUIsItIOn of real
property - northwest corner of RIalto Avenue and Allen Street. (No backup
material distributed 011 April 4, 2005, Item No. R29.)
(Sal1 Berl1ardil1o City Housil1g Authority)
ResolutIOn of the San Bernardmo CIty Housmg Authonty declarmg the publIc
mterest and necessIty of acqUIsItIon of real property by the San Bernardmo CIty
Housmg Authonty over the property located at the northwest corner of RIalto
Avenue and Allen Street, San Bernardmo, CalIfornIa (APN# 0135-292-39) m
the Inland Valley Redevelopment ProJect Area. (Resolutiol1 110t available at
time of printing.)
12
05/02/2005
The hearil1g remail1s opel1 . . .
MOTION: That the hearmg be closed, and that saId resolutIOn be adopted.
Recommel1ded for approval at the Redevelopmel1t Committee 011 April 5,
2005 - Committee Members presel1t: Estrada, LOI1~ville al1d McGil1l1is
TO BE HEARD AT 5:00 P.M.
R32 PublIc hearmg - reallocatIOn of 200312005 Commumty Development Block
Grant (CDBG) funds, recommended allocatIOns of 200512006 Commumty
Development Block Grant (CDBG) funds, Emergency Shelter Grant (ESG)
funds, and Federal HOME funds (Documel1t 110t available at time of
pril1til1g.)
A ResolutIOn of the Mayor and Common CouncIl of the CIty of San
Bernardmo 1) approvmg the 2005-2006 Commumty Development Block
Grant (CDBG), Emergency Shelter Grant (ESG) and HOME
appropnatIOns, 2) approvmg the Five (5) Year 2005-2010 ConsolIdated
Plan and the One (1) year 2005-2006 ConsolIdated Annual Plan, 3)
approvmg the proposed reallocatIOn of 2003-2005 CDBG funds, and 4)
authonzmg the Mayor to execute and subrmt to HUD appropnate
documents and take all necessary actIOns for the executIOn of PublIc
ServIce contracts (Resolutiol1l1ot available at time of pril1til1g.)
B ResolutIOn of the Mayor and Common CouncIl of the CIty of San
Bernardmo 1) amendmg the 2004-2005 ConsolIdated Annual Plan and
approvmg HOME 2001-2004 allocatIOns m the amount of $5,750,000 to
the orgamzatIOns m Attachment III, 2) authonzmg and dIrectmg staff to
prepare the appropnate contracts between the Redevelopment Agency
and saId orgamzatIOns to be presented at a later date to the Commumty
Development COmmISSIOn for approval (Resolutiol1 110t available at
time of pril1til1g.)
MOTION: That the matter be contmued to May 16, 2005
Recommel1ded for approval at the Redevelopmel1t Committee 011 April 19,
2005 - Committee Members presel1t: Estrada al1d LOI1~ville
R33 ResolutIOn of the Commumty Development COmmISSIOn of the CIty of San
Bernardmo approvmg the Agreement for ProfessIOnal Grapillc DesIgn ServIces
WIth Amador Estevene and authonzmg executIOn thereof by the ExecutIve
DIrector (Documel1t al1d Resolutiol1 110t available at time of pril1til1g.)
(Cost to the Agel1cy -- $41,000 from the EDA Budget.)
13
05/02/2005
MOTION: That saId resolutIOn be adopted.
R34 ResolutIOn of the Commumty Development COmmISSIOn of the CIty of San
Bernardmo approvmg and authonzmg the executIve DIrector to execute a
constructIOn contract by and between the Redevelopment Agency of the CIty of
San Bernardmo and Inland AcouStICS, Inc for the Improvements to the
CalIfornIa Theatre (Documel1t al1d Resolutiol1 110t available at time of
pril1til1g.) (Cost to the Agel1cy - $1,601,955 from CDBG fUl1ds, Cel1tral
City BOl1d Proceeds al1d State College Golf Course Lease paymel1ts.)
Ward 1
MOTION: That saId resolutIOn be adopted.
14
05/02/2005
MAYOR AND COMMON COUNCIL
AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
RECONVENE MEETING
MONDAY, MAY 2,2005 - 6:00 P.M.
PRESENT
ABSENT
PLANNING ITEMS
CONTINUED FROM APRIL 18, 2005
TO BE HEARD AT 6:00 P.M.
35 PublIc hearmg - approve TentatIve Tract Map No 16947 to subdIvIde
approxImately 6 78 acres mto 29 smgle- farmly resIdentIal lots and Development
Penmt (Type III) No 04-44 to construct 28 detached smgle-family homes at the
proJect sIte on the north sIde of 7th Street, between San Carlos Avenue and San
Anselmo Avenue m the RS, ResIdentIal Suburban, land use dIstnct. (Backup
material was distributed 011 April 18, 2005, Item No. 32.) (No cost to the
City.) Ward 6
ApplIcant.
Kevm Roberts
Spectra Homes, LLC
521- 1/2 Myrtle, No 7
MonrOVia, CA 91016
Owner
EtIwanda SB Investment
2190 Homet Road
San Mateo, CA 91108
Request/LocatIOn. The applIcant requests approval of TentatIve Tract Map No
16947 to subdIvIde approxImately 6 78 acres mto 29 smgle-farmly resIdentIal
lots and Development Penmt (Type III) No 04-44 to construct 28 detached
smgle- farmly homes The proJect sIte IS located on the north sIde of 7th Street,
between San Carlos Avenue and San Anselmo Avenue m the RS, ResIdentIal
Suburban, land use dIstnct.
Mayor to opel1 the hearil1g . . .
15
05/02/2005
35 Contmued.
MOTION #1: That the hearmg be closed, that the Mayor and Common Council
adopt the MItIgated NegatIve DeclaratIOn and the MItIgatIOn
Momtonng/Reportmg Program (Attachment F), and
MOTION #2: That the Mayor and Common CouncIl approve TentatIve Tract
Map No 16947 and Development Penmt (Type III) No 04-44,
based upon the Findmgs of Fact contaIned m the Plannmg
COmmISSIOn staff report dated February 8, 2005, subJect to the
CondItIOns of Approval (Attachment C) and Standard
ReqUIrements (Attachment D), willch mcludes ImtIatIOn of
ermnent domaIn proceedmgs
TO BE HEARD AT 6:00 P.M.
36 PublIc hearmg - General Plan Amendment No 04-05 and Development Penmt
III No 04-28 - request to change the land use desIgnatIOn from CG-2,
CommercIal General to CH, CommercIal Heavy for approxImately 13,530
square feet of land - and a request to construct a parkmg lot for Ice cream
trucks as an expansIOn of an eXIstmg Ice cream truck facIlIty at the northeast
corner of Baselme Avenue and Garner Street. (See Attached) (No cost to the
City.) Ward 6
ResolutIOn of the CIty of San Bernardmo adoptmg General Plan Amendment
No 04-05 to the General Plan of the CIty of San Bernardmo, to amend the
General Plan Land Use DesIgnatIOn from CG-2, CommercIal General, to CH,
CommercIal Heavy, for one parcel located on the north sIde of Baselme Street,
approxImately 162 feet east of Gamer Street. (Resolutiol1l1ot available at time
of pril1til1g.)
Project! ApplIcant:
Iyed & Mona IrsheId
5678 Elm Avenue
San Bernardmo, CA 92404
Arcilltect!Contact.
John MeJIa
Steven Paul Murray & Associates
370 W 6th Street, SUIte 210
San Bernardmo, CA 92401
Mayor to opel1 the hearil1g . . .
16
05/02/2005
36 Contmued.
MOTION: That the hearmg be closed, and that the Mayor and Common
CouncIl adopt the resolutIOn willch approves General Plan
Amendment No 04-05 and approve Development Penmt III No
04-28 based upon the Findmgs of Fact contaIned m the Plannmg
COmmISSIOn staff report, subJect to the CondItIOns of Approval as
amended, and Standard ReqUIrements
END OF PLANNING ITEMS
37 PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA A three-rmnute
lIrmtatIOn shall apply to each member of the publIc who wIshes to address the
Mayor and Common CouncIl/Commumty Development COmmISSIOn on a matter
not on the agenda. No member of the publIc shall be penmtted to "share"
ills/her three rmnutes wIth any other member of the publIc (Usually any Items
heard under tills headmg are referred to staff for further study, research,
completIOn and/or future Council/COmmISSIOn actIOn.)
38 AdJournment.
MOTION: That the meetmg be adJourned.
NOTE: The next Jomt regular meetmg of the Mayor and Common
CouncIl/Commumty Development COmmISSIOn IS scheduled for 1:30 p.m.,
Monday, May 16, 2005, m the CouncIl Chambers of CIty Hall, 300 North "D"
Street, San Bernardmo, CalIfornIa.
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05/02/2005
NOTICE: Any member of the publIc may address tills meetmg of the Mayor
and Common CouncIlICommumty Development COmmISSIOn on any
Item appearmg on the agenda by approacillng the rmcrophone m the CouncIl
Chambers when the Item about willch the member desIres to speak IS called and
by askmg to be recogmzed.
Any member of the publIc deslflng to speak to the Mayor and Common
CouncIlICommumty Development COmmISSIOn concernIng any matter not on
the agenda but willch IS wItmn the subJect matter JunsdIctIOn of the Mayor and
Common CouncIlICommumty Development COmmISSIOn, may address the body
at the end of the meetmg, dunng the penod reserved for publIc comments
SaId total penod for publIc comments shall not exceed forty-five (45) rmnutes,
unless such tIme lIrmt IS extended by the Mayor and Common
CouncIlICommumty Development COmmISSIOn. A three rmnute lIrmtatIOn
shall apply to each member of the publIc, unless such tIme lIrmt IS extended by
the Mayor and Common CouncIlICommumty Development COmmISSIOn. No
member of the publIc shall be penmtted to "share" ills/her three rmnutes wIth
any other member of the publIc
The Mayor and Common CouncIlICommumty Development COmmISSIOn may
refer any Item raIsed by the publIc to staff, or to any COmmISSIOn, board,
bureau, or COmmIttee for appropnate actIOn or have the Item placed on the next
agenda of the Mayor and Common CouncIlICommumty Development
COmmISSIOn. However, no other actIOn shall be taken nor dIscussIOn held by
the Mayor and Common CouncIlICommumty Development COmmISSIOn on any
Item willch does not appear on the agenda unless the actIOn IS otherwIse
authonzed m 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
hearmg has been conducted and closed.
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