HomeMy WebLinkAbout07-18-2005 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, JULY 18, 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 18-19.)
CALL TO ORDER.
PRESENT
ABSENT
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
A three-mmute InmtatlOn shall apply to each member of the publIc who wIshes to
address the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn. No
member of the publIc shall be pefIllltted to "share" ills/her three mmutes wIth any other
member of the publIc
CLOSED SESSION
I Pursuant to Government Code SectlOn(s)
1
07/18/2005
MOTION: That the Mayor and Common CouncIl and Commumty
Development COIllIll1SSlOn recess to closed seSSlOn for the
followmg
A Conference wIth legal counsel - eXIstmg lItIgatlOn - pursuant to
Government Code SectlOn 54956 9(a)
AgUIlar v CIty of San Bernardmo, Southern CalIforma EdIson - San
Bernardmo Supenor Court Case No 115557,
Mohammed FawzI Hassan, et al v CIty of San Bernardmo, et al -
Umted States DIstnct Court Case No EDCV 05-328 V AP (SGLx),
KImberlyn Hearns v CIty of San Bernardmo, et al - Umted States
DIstnct Court Case No CV 05-04524 GHK (RZx),
CIty of San Bernardmo, et al v Valene Pope-Ludlam, et al - San
Bernardmo Supenor Court Case No SCVSS 108965,
Benjamm Brown v CIty of San Bernardmo - San Bernardmo Supenor
Court Case No 107399,
Abdullah, et al v CIty of San Bernardmo and San Bernardmo Valley
MumCIpal Water DIstnct - San Bernardmo Supenor Court Case No
SCVSS 126706,
Adams v CIty of San Bernardmo and San Bernardmo Valley Water
MumCIpal Water DIstnct - San Bernardmo Supenor Court Case No
SCVSS 126708
B Conference wIth legal counsel - antIcIpated lItlgatlOn - sIgmficant
exposure to lItlgatlOn - pursuant to subdIvIslOn (b) (1), (2), (3) (A-F) of
Government Code SectlOn 54956 9
Timothy V. Laughlin, individual and dba Dream Construction
C Conference wIth legal counsel - antIcIpated lItlgatlOn - ImtIatlOn of
lItlgatlOn - pursuant to subdIvIslOn (c) of Government Code SectlOn
54956 9
City of San Bernardino v. San Bernardino Unified School District
D Closed SesslOn - personnel - pursuant to Government Code SectlOn
54957
2
07/18/2005
(Item Continued on Next Page)
I Contmued.
E Closed seSSlOn 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
SectlOn 54957
F Conference wIth labor negotiator - pursuant to Government Code
SectlOn 54957 6
N egotIatof"
Linn LIvmgston, DIrector of Human Resources
Employee OrgamzatlOn.
San Bernardmo CIty ProfesslOnal Firefighters
G Conference wIth real property negotiator - pursuant to Government Code
SectlOn 54956 8
1
Property
Negotiating Parties
Under Negotiation.
2
Property
Negotiating Parties
Under Negotiation.
24 7 West 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
3
07/18/2005
I Contmued.
(Item Continued on Next Page)
3
Property
Southwest corner of "J" Street and 17th Street
APN 0144-123-03, 0144-131-36, 0144-131-21,
and 0144-123-46
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency of the City of
San Bernardino, property owner(s)
Inland Empire Concerned African American
Churches
IVDA Redevelopment Project Area (Meadowbrook Housing Project)
Owner/Seller
Buyer
4
Property
Negotiating Parties
Under Negotiation.
5
Property
Negotiating Parties
Under Negotiation.
6
Property
Negotiating Parties
Under Negotiation.
7
Property
Negotiating Parties
151 East 2nd Street
APN 0135-291-09
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and/or San
Bernardino City Housing Authority, as buyer,
and Ivan Miletich, property owner
Purchase price, terms and conditions
161 East 2nd Street
APN 0135-291-11
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and/or San
Bernardino City Housing Authority, as buyer,
and Alberto Falcon and Maria Garcia, property
owners
Purchase price, terms and conditions
167 East 2nd Street
APN 0135-291-12
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and/or San
Bernardino City Housing Authority, as buyer,
and Pedro Medina J r , property owner
Purchase price, terms and conditions
156 East King Street
APN 0135-291-27
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and/or San
4
07/18/2005
I Contmued.
8
Under Negotiation.
Property
Negotiating Parties
Under Negotiation.
Bernardino City Housing Authority, as buyer,
and Miguel Ramirez, property owner
Purchase price, terms and conditions
253 East King Street
APN 0135-302-09
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and/or San
Bernardino City Housing Authority, as buyer,
and Victor Licon, property owner
Purchase price, terms and conditions
Central City North Redevelopment Project Area
9
Property
Negotiating Parties
Under Negotiation.
10
Property
Negotiating Parties
Under Negotiation.
11
Property
Negotiating Parties
Under Negotiation.
745 West 5th Street
APN 0134-093-05 and APN 0134-093-06
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Patrick A
Abitante Trust, property owner(s)
Purchase price, terms, and conditions
Vacant Land
APN 0134-054-24
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Fook Sung
Investment Co Ltd, property owner(s)
Purchase price, terms, and conditions
7 40 West 4th Street
APN 0134-093-19,20, and 43
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Penhun
Ltd /Expo Ltd , property owner(s)
Purchase price, terms, and conditions
END OF CLOSED SESSION
5
07/18/2005
RECONVENE MEETING - 3:00 P.M.
PRESENT
ABSENT
INVOCATION
PLEDGE
2 Appomtments
A Board of Water COIllIll1SSlOners - B Warren Cocke - Mayor Valles
(See Attached)
MOTION: That the re- appomtment of B Warren Cocke to the Board
of Water COIllIll1SSlOners, as requested by Mayor Valles,
be approved.
B Fine Arts COIllIll1SSlOn - Robm Cochran - CouncIl Member
McCammack. (See Attached)
MOTION: That the appomtment of Robm Cochran to the Fine Arts
COIllIll1SSlOn, as requested by CouncIl Member
McCammack, be approved.
C Board of Water COIllIll1SSlOners - CecIlIa "Tom" CallIcott - Mayor
Valles (See Attached)
MOTION: That the re-appomtment of CecIlIa "Tom" CallIcott to the
Board of Water COIllIll1SSlOners as requested by Mayor
Valles, be approved.
D Board of Water COIllIll1SSlOners - Nonne MIller - Mayor Valles (See
Attached)
MOTION: That the re-appomtment of Nonne MIller to the Board of
Water COIllIll1SSlOners, as requested by Mayor Valles, be
approved.
3 PresentatlOns
A ServIce Pm A wards Ceremony
4 Announcements by Mayor and Common CouncIl
6
07/18/2005
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 motlOns mdIcated by consent calendar Items 5 through
28, be adopted except for _, _, _, _, and _
5 WaIve full readmg of resolutlOns and ordmances
MOTION: That full readmg of the resolutlOns and ordmances on the regular,
supplemental and addendum to the supplemental agendas of the
Mayor and Common CouncIlICommumty Development
COIllIll1SSlOn, be waIved.
6 CouncIl Mmutes
MOTION: That the mmutes of the followmg meetmgs of the Mayor and
Common CouncIlICommumty Development COIllIll1SSlOn of the
CIty of San Bernardmo be approved as subrmtted m typewntten
form.
June 7, 2005
June 16, 2005
June 23,2005
(Distributed on 7/6/05)
(Distributed on 7/6/05)
(Distributed on 7/6/05)
7
ClaIms and Payroll.
(See Attached)
MOTION: That the claIms and payroll and the authonzatlOn to Issue
warrants as lIsted on the memorandum dated July 13, 2005, from
Barbara Pachon, DIrector of Finance, be approved.
8
Personnel ActlOns
(See Attached)
MOTION: That the personnel actlOns, as subrmtted by the Cillef EXaIlliner,
dated July 12, 2005 m accordance wIth CIvil ServIce rules and
7
07/18/2005
Personnel polIcIes adopted by the Mayor and Common CouncIl of
the CIty of San Bernardmo, be approved and ratIfied.
City Administrator's Office
9 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
grantmg an extenslOn of the Cable Francmses wIth Adelpma CommumcatlOns,
Charter CommumcatlOns, and MountaIn Shadows Cable (See Attached) (No
cost to the City.) (Resolution not available at time of printing.)All Wards
MOTION: That saId resolutlOn be adopted.
10 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
authonzmg the executlOn of a purchase agreement wIth the FoundatlOn for
CalIforma State UmversIty, San Bernardmo, and authonzmg the Purchasmg
Manager to award a purchase order to the FoundatlOn for CalIforma State
UmversIty, San Bernardmo, for the purchase of certaIn televIslOn broadcast
eqUIpment. (See Attached) (Cost to the City -- $106,900 from the Cable TV
Fund in FY 2005/2006) (Resolution not available at time of printing.)
All Wards
MOTION: That saId resolutlOn be adopted.
City Attorney
II ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
approvmg the destructlOn of certaIn records no longer reqUIred to be maIntaIned
by the San Bernardmo CIty Attorney's Office (See Attached) (No cost to the
City.)
MOTION: That saId resolutlOn be adopted.
12 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
approvmg mnng of Richards, Watson & Gershon and authonzmg a ProfesslOnal
ServIces Agreement between the CIty of San Bernardmo and the law firm of
Richards, Watson and Gershon to represent the CIty of San Bernardmo
regardmg cable francmse transfers to Time Warner Cable (Document and
Resolution not available at time of printing.)
MOTION: That saId resolutlOn be adopted.
8
07/18/2005
City Clerk
13 ReVIew and take actlOn regardmg the need for contmumg m effect the local
emergency caused by the Old Waterman Canyon Fire pursuant to Government
Code SectlOn 8630 (c)( I)
MOTION: That the Mayor and Common CouncIl confirm the need for
contmumg m effect the local emergency caused by the Old
Waterman Canyon Fire
City Treasurer's Office
14 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
authonzmg an agreement to renew the Agreement between the CIty of San
Bernardmo and Wells Fargo Bank, N A. for the provIslOn of bankmg servIces
and the deposIt of momes for one year begmmng July I, 2005 and endmg June
30, 2006 (See Attached) (No net cost to the City.) (Resolution not
available at time of printing.)
MOTION: That saId resolutlOn be adopted.
Development Services
15 ResolutlOn of the CIty of San Bernardmo amendmg ResolutlOn No 655 entItled,
m part, "A resolutlOn desIgnatmg certaIn streets, or portIons thereof as
through mghways "and establIsmng a four-way stop at the mtersectlOn of
MountaIn View Avenue at Tmrteenth Street. (See Attached) (Cost to the City
-- $2,500 from the General Fund.) (Resolution not available at time of
printing.) Ward 2
MOTION: That saId resolutlOn be adopted.
16 ResolutlOn of the CIty of San Bernardmo approvmg Amendment No I to
Agreement for ServIces WIth Transtech Engmeers, Inc for Engmeenng Plan
Checkmg ServIces (See Attached) (No cost to the City -- $350,000 paid by
developers.) (Resolution not available at time of printing.) All Wards
MOTION: That saId resolutlOn be adopted.
9
07/18/2005
Human Resources
17 ResolutlOn of the CIty CounCIl of the CIty of San Bernardmo amendmg the
LiabIlIty Risk Coverage Agreement and the Jomt Powers Agreement creatmg
the BIg Independent CItIes Excess Pool Jomt Powers Authonty, and authonzmg,
ratIfymg, and approvmg certaIn other actlOns m connectlOn therewIth. (See
Attached) (Resolution not available at time of printing.) (No cost to the
City.)
MOTION: That saId resolutlOn be adopted.
18 ResolutlOn of the CIty of San Bernardmo establIsillng a Management and
ConfidentIal Employee CompensatlOn and Benefits Plan and repealmg
ResolutlOn Nos 2005-230, 2003-364, 2003-329, 2003-277, 2003-41 and 2002-
104 (See Attached) (Cost to the City -- $193,400 from the General FWld.)
(Resolution not available at time of printing.)
MOTION: That saId resolutlOn be adopted, and that the DIrector of Finance
be authonzed to amend the FY 2005-06 adopted budget and
transfer $193,400 from General Government Account No 001-
092-5011 to varlOUS departmental salary and benefit accounts m
accordance wIth ImplementatlOn of tills resolutlOn.
19 ResolutlOn of the CIty of San Bernardmo amendmg ResolutlOn No 6413,
SectlOns Twelve and Fourteen, entItled m part "A resolutlOn establIsillng a
basIc compensatlOn plan " by updatmg mformatlOn and codIfymg pnor
CouncIl actlOn. (Management/ConfidentIal and UnclassIfied) (Document and
Resolution not available at time of printing.)
MOTION: That saId resolutlOn be adopted.
Parks, Recreation & Community Services
20 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
authonzmg the Mayor or her desIgnee to execute an Agreement wIth the San
Bernardmo CIty Umfied School DIstnct to provIde contractual servIces for
before & after-school recreatlOn programs at eIghteen (18) school dIstnct sItes
10
07/18/2005
(See Attached) (No cost to the City -- $401,109 from federal and State
Program Funds.) (Resolution not available at time of printing.) All Wards
MOTION: That saId resolutlOn be adopted.
21 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
authonzmg the Mayor or her desIgnee to execute Amendment No I to the
ServIce Agreement between the CIty of San Bernardmo and Boys and GIrlS Club
of San Bernardmo Inc to provIde commumty servIces at the DelmaIlll HeIghts
Commumty Center (See Attached) (Cost to the City -- $85,000 from the
General Fund.) (Resolution not available at time of printing.) Ward 6
MOTION: That saId resolutlOn be adopted.
22 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
authonzmg the Mayor or her desIgnee to execute a Contract wIth the County of
San Bernardmo to adrmmster a Program ContmuatlOn Contract from the State of
CalIforma Commumty Based ServIces Program (CBSP) m the amount of
$24,436 for the penod of July I, 2005 through June 30, 2006 (See Attached)
(No cost to the City -- $24,436 from Federal and State Program Funds.)
(Resolution not available at time of printing.) All Wards
MOTION: That saId resolutlOn be adopted.
23 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
authonzmg the Mayor or her desIgnee to execute Amendment No I for TItle
III-B Contract through the County of San Bernardmo Department of Adult and
Agmg ServIces (DAAS) for assIsted transportatlOn for a penod of July I, 2005
through June 30, 2006 (See Attached) (No cost to the City -- $20,320 from
Federal and State Program Funds.) (Resolution not available at time of
printing.)
MOTION: That saId resolutlOn be adopted.
24 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
authonzmg the Mayor or her desIgnee to execute Amendment No I for TItle
III-B Contract through the County of San Bernardmo Department of Adult and
Agmg ServIces (DAAS) for semor outreach servIces from the penod of July I,
2005 through June 30, 2006 (No cost to the City -- $5,368 from the Federal
and State Program Funds.) (Resolution not available at time of printing.)
11
07/18/2005
All Wards
MOTION: That saId resolutlOn be adopted.
25 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
authonzmg the Mayor or her desIgnee to execute Amendment No 7 to the
Agreement wIth San Bernardmo CIty Umfied School DIstnct, relatmg to
delIvery of breakfasts, snacks, and lunches to DelmaIlll HeIghts Head Start
Center (See Attached) (No cost to the City -- $28,860 from Federal and
State Program Funds.) (Resolution not available at time of printing.)
All Wards
MOTION: That saId resolutlOn be adopted.
26 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
authonzmg the Mayor or her desIgnee to execute Amendment No I to the
ServIces Agreement between the CIty of San Bernardmo and New Hope BaptIst
Church to provIde commumty servIces at the New Hope Fmly Life Center
(See Attached) (Cost to the City -- $75,600 from the General Fund.)
(Resolution not available at time of printing.) Ward 6
MOTION: That saId resolutlOn be adopted.
Police
27 ResolutlOn of the CIty of San Bernardmo authonzmg the executlOn of a Second
Agreement to employ Robert CurtIS on a part-tIme basIs m Fiscal Year 2005/06
(See Attached) (Cost to the City -- $40,000 from the General Fund.)
(Resolution not available at time of printing) All Wards
MOTION: That saId resolutlOn be adopted.
Public Services
28 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
authonzmg the executlOn of a purchase order to Filter Supply Company for the
purchase and mstallatlOn of eIghteen dIesel partIculate filters to be utIlIzed by
the Refuse DIvIslOn. (See Attached) (No cost to the City -- $144,215.64 from
the MSRC Grant.) (Resolution not available at time of printing.) All Wards
12
07/18/2005
MOTION: That saId resolutlOn be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Personnel Committee meeting on July 11,
2005 - Committee Members present: McGinnis and McCammack
29 Combme the Deputy CIty Attorney and Sr Deputy CIty Attorney Classes mto
one attorney senes (See Attached)
MOTION: That the Mayor and Common CouncIl combme the Deputy CIty
Attorney and Sr Deputy Attorney classes mto one attorney
senes, retaImng the eXIstmg salary scales for the mdIvIdual
classIficatlOns, wIth placement or movement wItmn the senes to
be detefIlllned by the CIty Attorney
30 ImplementatlOn of the proposed Parks, RecreatlOn & Commumty ServIces
Department ReorgamzatlOn. (See Attached)
MOTION #1: That the Mayor and Common CouncIl approve the reclassIficatlOn
of the posItlOn of Parks Project Manager, Range 4463, $4,469-
$5,432/month to Parks Supenntendent, Range, 4515, $5,792-
$7,040/month, and
MOTION #2: That the Mayor and Common CouncIl add the posItlOn of
RecreatlOn Supenntendent, Range 4515, $5,792-$7,040/month,
and
MOTION #3: That the Mayor and Common CouncIl adjust the salary range by
10% for AdrmmstratIve ServIces Manager from Range 4466,
$4,536-$5,514/month to Range 4485, $4, 987-$6,062/month, and
MOTION #4: That the Mayor and Common CouncIl leave the AssIstant
DIrector posItlOn unfunded.
13
07/18/2005
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
City Administrator
TO BE HEARD AT 4:00 P.M.
Heard at the Special Ways and Means Committee on June 29, 2005 -
Committee Members present: McCammack, Estrada and Derry
31 PublIc hearmg - to consIder a resolutlOn ImtIatmg proceedmgs to adJust the
traffic systems fee, publIc park development and recreatlOn fee, and plaIllled
local draInage facIlItIes fee, and to establIsh new Impact fees for PolIce
Department facIlItIes, eqUIpment and vemcles and Fire Department facIlItIes
eqUIpment and vemcles (See Attached)
ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo
ImtIatmg proceedmgs to adJust the Traffic Systems fee, PublIc Park
Development and RecreatlOn fee, and PlaIllled Local DraInage FacIlItIes fee,
and to establIsh new Impact fees for PolIce Department facIlItIes, eqUIpment,
and vemcles and Fire Department facIlItIes, eqUIpment and vemcles
(Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearmg be closed, and that saId resolutlOn be adopted.
City Clerk
TO BE HEARD AT 4:00 P.M.
32 PublIc hearmg - resolutlOn Imposmg lIens on property located wItmn the CIty of
San Bernardmo for uncollected busmess regIstratlOn fees (See Attached) (No
cost to the City.)
ResolutlOn of the CIty of San Bernardmo Imposmg lIens on certaIn parcels of
real property located wItmn the CIty of San Bernardmo for uncollected busmess
regIstratlOn fees (Resolution not available at time of printing.)
Mayor to open the hearing . . .
14
07/18/2005
MOTION: That the hearmg be closed, that the CIty Clerk be dIrected to
adrmmstratIvely remove any propertIes from ExhibIt A wmch
have been paId pnor to the heanng, and that saId resolutlOn be
adopted.
CONTINUED FROM MAY 2, 2005
TO BE HEARD AT 4:00 P.M.
33 Appeal hearmg regardmg the results of a transIent lodgmg tax audIt for the
Budget Lodge (Backup material distributed on February 22, 2005, Item
No. 20; item was continued to May 2, 2005, Item No. 21.)
The hearing remains open . . .
MOTION #1: That the hearmg be closed, and that the Mayor and Common
CouncIl uphold the decIslOn of the CIty Clerk and adopt her
letter of December 7, 2004, as ItS findmgs and concluslOns,
based upon the back-up mformatlOn subrmtted and any
addItlOnal eVIdence presented at the hearmg, or
MOTION #2: That the hearmg be closed, and that the Mayor and Common
CouncIl uphold the appeal of the applIcant and reverse the
decIslOn of the CIty Clerk, or
MOTION #3: That the hearmg be closed, and that the Mayor and Common
CouncIl uphold the appeal of the applIcant m part and dIrect the
CIty Attorney's Office to prepare findmgs and concluslOns
consIstent WIth ItS decIslOn.
CONTINUED FROM MAY 2, 2005
TO BE HEARD AT 4:00 P.M.
34 Appeal hearmg regardmg the results of a transIent lodgmg tax audIt for the
Desert Inn Motel (Backup material distributed on February 22, 2005, Item
No. 21; item was continued to May 2, 2005, Item No. 22.)
Mayor to open the hearing . . .
MOTION #1: That the hearmg be closed, and that the Mayor and Common
CouncIl uphold the decIslOn of the CIty Clerk and adopt her
letter of December 7, 2004, as ItS findmgs and concluslOns,
based upon the back-up mformatlOn subrmtted and any
addItlOnal eVIdence presented at the hearmg, or
15
07/18/2005
MOTION #2: That the hearmg be closed, and that the Mayor and Common
CouncIl uphold the appeal of the applIcant and reverse the
decIslOn of the CIty Clerk, or
MOTION #3: That the hearmg be closed, and that the Mayor and Common
CouncIl uphold the appeal of the applIcant m part and dIrect the
CIty Attorney's Office to prepare findmgs and concluslOns
consIstent WIth ItS deCIslOn.
CONTINUED FROM MAY 2, 2005
TO BE HEARD AT 4:00 P.M.
35 Appeal hearmg regardmg the results of a transIent lodgmg tax audIt for the
Econo Lodge (Backup material distributed on February 22, 2005, Item No.
22; item was continued to May 2, 2005, Item No. 23.)
Mayor to open the hearing . . .
MOTION #1: That the hearmg be closed, and that the Mayor and Common
CouncIl uphold the decIslOn of the CIty Clerk and adopt her
letter of December 7, 2004, as ItS findmgs and concluslOns,
based upon the back-up mformatlOn subrmtted and any
addItlOnal eVIdence presented at the hearmg, or
MOTION #2: That the hearmg be closed, and that the Mayor and Common
CouncIl uphold the appeal of the applIcant and reverse the
decIslOn of the CIty Clerk, or
MOTION #3: That the hearmg be closed, and that the Mayor and Common
CouncIl uphold the appeal of the applIcant m part and dIrect the
CIty Attorney's Office to prepare findmgs and concluslOns
consIstent WIth ItS deCIslOn.
CONTINUED FROM MAY 2, 2005
TO BE HEARD AT 4:00 P.M.
36 Appeal hearmg regardmg the results of a transIent lodgmg tax audIt for the
Footmll Motel (Backup material distributed on February 22, 2005, Item
No. 23; item was continued to May 2, 2005, Item No. 24.)
Mayor to open the hearing . . .
MOTION #1: That the hearmg be closed, and that the Mayor and Common
CouncIl uphold the decIslOn of the CIty Clerk and adopt her
letter of December 7, 2004, as ItS findmgs and concluslOns,
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based upon the back-up mformatlOn subrmtted and any
addItlOnal eVIdence presented at the hearmg, or
MOTION #2: That the hearmg be closed, and that the Mayor and Common
CouncIl uphold the appeal of the applIcant and reverse the
decIslOn of the CIty Clerk, or
MOTION #3: That the hearmg be closed, and that the Mayor and Common
CouncIl uphold the appeal of the applIcant m part and dIrect the
CIty Attorney's Office to prepare findmgs and concluslOns
consIstent WIth ItS deCIslOn.
CONTINUED FROM MAY 2, 2005
TO BE HEARD AT 4:00 P.M.
37 Appeal hearmg regardmg the results of a transIent lodgmg tax audIt for the
Kmghts Inn. (Backup material distributed on February 22, 2005, Item No.
24; item was continued to May 2, 2005, Item No. 25.)
Mayor to open the hearing . . .
MOTION #1: That the hearmg be closed, and that the Mayor and Common
CouncIl uphold the decIslOn of the CIty Clerk and adopt her
letter of December 7, 2004, as ItS findmgs and concluslOns,
based upon the back-up mformatlOn subrmtted and any
addItlOnal eVIdence presented at the hearmg, or
MOTION #2: That the hearmg be closed, and that the Mayor and Common
CouncIl uphold the appeal of the applIcant and reverse the
decIslOn of the CIty Clerk, or
MOTION #3: That the hearmg be closed, and that the Mayor and Common
CouncIl uphold the appeal of the applIcant m part and dIrect the
CIty Attorney's Office to prepare findmgs and concluslOns
consIstent WIth ItS deCIslOn.
CONTINUED FROM MAY 2, 2005
TO BE HEARD AT 4:00 P.M.
38 Appeal hearmg regardmg the results of a transIent lodgmg tax audIt for the
Terrace Motel (Backup material distributed on February 22, 2005, Item
No. 25; item was continued to May 2, 2005, Item No. 26.)
Mayor to open the hearing . . .
MOTION #1: That the hearmg be closed, and that the Mayor and Common
CouncIl uphold the decIslOn of the CIty Clerk and adopt her
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letter of December 7, 2004, as Its findmgs and concluslOns,
based upon the back-up mformatlOn subrmtted and any
addItlOnal eVIdence presented at the hearmg, or
MOTION #2: That the hearmg be closed, and that the Mayor and Common
CouncIl uphold the appeal of the applIcant and reverse the
decIslOn of the CIty Clerk, or
MOTION #3: That the hearmg be closed, and that the Mayor and Common
CouncIl uphold the appeal of the applIcant m part and dIrect the
CIty Attorney's Office to prepare findmgs and concluslOns
consIstent WIth ItS decIslOn.
Development Services
CONTINUED FROM JULY 5, 2005
TO BE HEARD AT 4:00 P.M.
39 PublIc hearmg - resolutlOn ordenng vacatlOn - proposed vacatlOn of the
east/west street lymg between "D" Street and Stoddard Avenue (Backup
material distributed on July 5, 2005, Item No. 23.) (Cost to the City --
$1,200 from the General Fund.) Ward 7
ResolutlOn of the CIty of San Bernardmo ordenng the vacatlOn of the east/west
street lymg between "D" Street and Stoddard Avenue (Plan No 11416A)
Mayor to open the hearing . . .
MOTION: That the matter be contmued to August I, 2005
END OF PUBLIC HEARINGS
STAFF REPORTS
TO BE HEARD AT 5:00 P.M.
40 Workshop for the CapItal Improvement Program (CIP) - to reVIew the Five-
year CapItal Improvement Program - Fiscal Years 200512006 - 200912010 -
EDA Boardroom. (Item was continued from June 23, 2005, Item No.1;
workshop meeting was set at the July 5, 2005 meeting, Item No. 27.)
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41 AuthonzatlOn to establIsh a three-way stop at the mtersectlOn of CrestvIew
Avenue and 18th Street. (See Attached)
MOTION: That the Mayor and Common CouncIl authonze the establIshment
of a three-way stop at the mtersectlOn of CrestvIew Avenue and
18th Street subJect to the results of the traffic counts as noted m
the staff report, dated July 13, 2005
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
TO BE HEARD AT 5:00 P.M.
Recommended for approval at the Redevelopment Committee on June 21,
2005 - Committee Members present: Longville and Johnson
R42 PublIc hearmg - DISposItlOn and Development Agreement - Telacu
Development, LLC (40th Street Redevelopment ProJect Area) (Document not
available at time of printing.) Ward 4
A ResolutlOn of the Mayor and Common CouncIl of the CIty of San
Bernardmo approvmg the 2005 49th Street Smgle Fmly ResIdentIal
DISposItlOn and Development Agreement by and between the
Redevelopment Agency of the CIty of San Bernardmo ("Agency") and
Telacu Development, LLC ("Developer") (Telacu 49th Street New
Homes ProJect - 40th Street Redevelopment ProJect Area) (Resolution
not available at time of printing.)
B ResolutlOn of the Commumty Development COIllIll1SSlOn of the CIty of
San Bernardmo approvmg and authonzmg the ExecutIve DIrector to
execute the 2005 49th Street Smgle Fmly ResIdentIal DISposItlOn and
Development Agreement by and between the Redevelopment Agency of
the CIty of San Bernardmo ("Agency") and Telacu Development, LLC
("Developer") (Telacu 49th Street New Homes ProJect - 40th Street
Redevelopment ProJect Area.) (Resolution not available at time of
printing.)
Mayor to open the hearing . . .
MOTION: That the matter be contmued to August I, 2005
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TO BE HEARD AT 5:00 P.M.
Recommended or approval at the Redevelopment Committee on June 7,
2005 - Committee Members present: Estrada and McGinnis
R43 PublIc hearmg - DISposItlOn and Development Agreement by and between the
Redevelopment Agency of the CIty of San Bernardmo and Arrowhead Central
CredIt Umon (Central CIty South Redevelopment ProJect Area) (Document
not available at time of printing.) Ward 1
(Item Continued on Next Page)
R43 Contmued.
A ResolutlOn of the Mayor and Common CouncIl of the CIty of San
Bernardmo approvmg the 2005 DISposItlOn and Development Agreement
by and between the Redevelopment Agency of the CIty of San
Bernardmo ("Agency") and the Arrowhead Central CredIt Umon, A
CalIforma CorporatlOn ("Developer") (Central CIty South
Redevelopment ProJect Area) (Resolution not available at time of
printing.)
B ResolutlOn of the Commumty Development COIllIll1SSlOn of the CIty of
San Bernardmo approvmg and authonzmg the ExecutIve DIrector of the
Redevelopment Agency of the CIty of San Bernardmo ("Agency") to
execute the 2005 DISposItlOn and Development Agreement by and
between the Agency and Arrowhead Central CredIt Umon, A CalIforma
CorporatlOn ("Developer") - (Central CIty South Redevelopment ProJect
Area) (Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the matter be contmued to September 6,2005
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MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
MONDAY, JULY 18, 2005 - 6:00 P.M.
PRESENT
ABSENT
PLANNING ITEMS
CONTINUED FROM JULY 5, 2005
TO BE HEARD AT 6:00 P.M.
44 Appeal of Planmng COIllIll1SSlOn demal of a request to subdIvIde 0 55 acre mto
two lots (Backup material distributed on July 5, 2005, Item No. 30.)
Ward 4
Owner/ApplIcant.
SanJeet NIJJar
4900 Santa Amta Avenue, #2C
El Monte, CA 91731
Appellant.
J esse Corral
2286 N Leroy Street, Ste 8
San Bernardmo, CA 92404
Request/LocatlOn. The appellant IS appealmg the Planmng COIllIll1SSlOn' S demal
of TentatIve Parcel Map No 16880, a request to subdIvIde 0 55-acre mto two
lots wIth lot SIzes of 11,790 square feet and 12,400 square feet. The subdIvIslOn
applIcatlOn dId not mclude a proposal to construct houses The property IS a
vacant parcel located at the northwest corner of Yucca and Camellia Dnves m
the RS, ResIdentIal Suburban land use dIstnct.
Mayor to open the hearing . . .
MOTION #1: That the hearmg be closed, and that the Mayor and Common
CouncIl deny the appeal and uphold the Planmng COIllIll1SSlOn'S
demal of TentatIve Parcel Map No 16880, based upon the
Apnl 13, 2005 memorandum to the Planmng COIllIll1SSlOn, or
(Item Continued on Next Page)
21
07/18/2005
44 Contmued.
MOTION #2: That the hearmg be closed, and that the Mayor and Common
CouncIl uphold the appeal and approve TentatIve Parcel Map
No 16880, based upon the Findmgs of Fact contaIned m the
Apnl 5, 2005 staff report to the Planmng COIllIll1SSlOn, subJect
to the CondItlOns of Approval and Standard ReqUIrements
END OF PLANNING ITEMS
45 PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA A three-rmnute
lIrmtatlOn shall apply to each member of the publIc who wIshes to address the
Mayor and Common CouncIlICommumty Development COIllIll1SSlOn on a matter
not on the agenda. No member of the publIc shall be pefIllltted 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,
completlOn and/or future CouncillCoIllIll1SSlOn actlOn.)
46 AdJournment.
MOTION: That the meetmg be adJourned.
NOTE: The next Jomt regular meetmg of the Mayor and Common
CouncIlICommumty Development COIllIll1SSlOn IS scheduled for 1:30 p.m.,
Monday, August 1, 2005, m the CounCIl Chambers of CIty Hall, 300 North
"D" Street, San Bernardmo, CalIforma.
22
07/18/2005
NOTICE: Any member of the publIc may address tills meetmg of the Mayor
and Common CouncIlICommumty Development COIllIll1SSlOn 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 COIllIll1SSlOn concermng any matter not on
the agenda but willch IS wItmn the subJect matter JunsdIctlOn of the Mayor and
Common CouncIlICommumty Development COIllIll1SSlOn, 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 COIllIll1SSlOn. A three rmnute lIrmtatlOn
shall apply to each member of the publIc, unless such tIme lIrmt IS extended by
the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn. No
member of the publIc shall be pefIllltted to "share" ills/her three rmnutes wIth
any other member of the publIc
The Mayor and Common CouncIlICommumty Development COIllIll1SSlOn may
refer any Item raIsed by the publIc to staff, or to any COIllIll1SSlOn, board,
bureau, or COIllIll1ttee for appropnate actlOn or have the Item placed on the next
agenda of the Mayor and Common CouncIlICommumty Development
COIllIll1SSlOn. However, no other actlOn shall be taken nor dIscusslOn held by
the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn on any
Item willch does not appear on the agenda unless the actlOn IS otherwIse
authonzed m accordance wIth the provIslOns of subdIvIslOn (b) of SectlOn
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.
23
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