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HomeMy WebLinkAbout08-01-2005 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, AUGUST 1, 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 16-18.) 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 1 08/01/2005 I Pursuant to Government Code SectlOn(s) 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) Mohammed FawzI Hassan, et al v CIty of San Bernardmo, et al - Umted States DIstnct Court Case No EDCV 05-328 V AP (SGLx), San Bernardmo HotellMotel ASSOCIatlOn v CIty of San Bernardmo - Fourth DIstnct Court of Appeals Case No E037069, San Bernardmo Supenor Court Case No SCVSS 46722, ASia Banks, a mmor by and through her GuardIan Ad Litem, MIchelle Moore, et al v CIty of San Bernardmo, et al - San Bernardmo Supenor Court Case No SCVSS 118553 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 Antoinette Clarke 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 855 Hope Street Vacant Lot 895 Hope Street 834 Cleavenger Street APN# 028018115 APN# 028018116 APN# 028018114 APN# 028018144 D Closed SesslOn - personnel - pursuant to Government Code SectlOn 54957 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 2 08/01/2005 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. 3 Property Negotiating Parties 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 Joint Use Multipurpose Room/Gymnasium at the Cesar Chavez Middle School, 6650 Magnolia Court, San Bernardino, California Marianne Milligan, City Attorney's Office and Teri Baker, City Administrator's Office for the City of San Bernardino, licencee, Wael Elater, Facilities Administrator, San Bernardino City Unified School District, as property owner 3 08/01/2005 1 Continued Under Negotiation. 4 Property Terms and conditions Vacant land APN 0155-101-08 Gary Van Osdel, Executive Director on behalf of the Redevelopment Agency of the City of San Bernardino, property owner(s) Denise Dee Whisler 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 5 Property Owner/Seller Buyer 6 Property Negotiating Parties Under Negotiation. 7 Property Negotiating Parties Under Negotiation. 8 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 4 08/01/2005 1 Continued Under Negotiation. 9 Property 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 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 Negotiating Parties Under Negotiation. 10 Property Negotiating Parties Under Negotiation. 11 Property Negotiating Parties Under Negotiation. 12 Property Negotiating Parties Under Negotiation. 13 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 740 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 5 08/01/2005 1 Continued 14 Property 723-739 West 5th Street APN 0134-093-07 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Walter L B Ammons, property owner(s) Purchase price, terms and conditions 708, 720 West 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 Mt. Vernon Corridor Redevelopment Project Area Negotiating Parties Under Negotiation. 15 Property Negotiating Parties Under Negotiation. 16 Property Negotiating Parties Under Negotiation. Vacant land APN 0139-291-60 and APN 0139-291-61 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Piana Enterprises/County of San Bernardino, property owner(s) Purchase price, terms and conditions END OF CLOSED SESSION 6 08/01/2005 RECONVENE MEETING - 3:00 P.M. PRESENT ABSENT INVOCATION PLEDGE 2 Appomtments 3 PresentatlOns 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 motlOns mdIcated by consent calendar Items 5 through 33, 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, San Bernardmo CIty Housmg Authonty, be waIved. 6 CouncIl Mmutes MOTION: That the mmutes of the followmg meetmg of the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn of the CIty of San Bernardmo be approved as subrmtted m typewntten form. June 20,2005 (Distributed on 7/26/05) 7 08/01/2005 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 26, 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 27, 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. Animal Control 9 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the Mayor to execute an Ammal Control ServIces Agreement by and between the CIty of San Bernardmo and the CIty of Loma Lmda for the penod July I, 2005 through June 30, 2008 (See Attached) (Anticipated revenue to the City in FY 2005/2006 -- $70,000.) MOTION: That saId resolutlOn be adopted. City Administrator 10 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg executlOn of an agreement wIth the CIty of San Bernardmo and Western ReglOnal Little League Baseball, Inc , for financIal assIstance from the FY 05/06 CIVIC and PromotlOn Fund. (See Attached) (Cost to the City -- $5,000 in direct funding from the General Fund and $39,415 in indirect funding from various funds.) Ward 5 MOTION: That saId resolutlOn be adopted, that dIrect fundmg m the amount of $5,000 from the FY 05/06 CIVIC and PromotlOn Fund be approved, that millrect fundmg m the amount of $39,415 be transferred from the FY 05/06 CIVIC and PromotlOn Fund to varlOus CIty departmental accounts as lIsted m the attached staff report dated July 13, 2005, from Fred Wilson, CIty Ad1mmstrator, and that a WaIver of fees and use of City personnel and eqUIpment be authonzed m the conduct of theIr 2005 tournament season. 8 08/01/2005 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 (Closed Bankruptcy files) (No cost to the City.) (See Attached) MOTION: That saId resolutlOn be adopted. 12 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the executlOn of a ProfesslOnal ServIces Agreement between Mundell, Odium & Haws and the CIty of San Bernardmo to represent the CIty m the case of Kimberlyn Hearns v. City of San Bernardino. (See Attached) MOTION: That saId resolutlOn be adopted. 13 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the executIon of a revIsed ProfesslOnal ServIces Agreement between Gresham, Savage, Nolan & TIlden and the CIty of San Bernardmo to represent the CIty m the case of Deanna Helena Petrovna Adams v. City of San Bernardino, a California Municipality, San Bernardino Valley Municipal Water District, a Public Entity - San Bernardmo Supenor Court Case No SCVSS 126708 and repealmg ResolutlOn No 2005-154 (Document and Resolution not available at time of printing.) MOTION: That saId resolutlOn be adopted. 14 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the executIon of a revIsed ProfesslOnal ServIces Agreement between Gresham, Savage, Nolan & TIlden and the CIty of San Bernardmo to represent the CIty m the case of Ghassan N. Abdullah, Lucy Romero, Steve Veloz, Felix Willa, Rosemary Lane, Diane Hayes, Nathaniel Grant, Kim Goodstein, Regina Flores, S. M. Alvarez v. City of San Bernardino, a California Municipality, San Bernardino Valley Municipal Water District, a Public Entity - San Bernardmo Supenor Court Case No SCVSS 126706 and repealmg ResolutlOn No 2005- 155 (Document and Resolution not available at time of printing.) MOTION: That saId resolutlOn be adopted. 9 08/01/2005 City Clerk 15 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 16 Item Deleted. Development Services 17 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the Mayor to execute an Agreement for ProfesslOnal TransportatlOn Modelmg ServIces WIth Snmvasa S Bhat. (See Attached) (No net cost to the City - Cost for services to be reimbursed by the Agencies and Developers requesting modeling services.) (Resolution not available at time of printing.) All Wards MOTION: That saId resolutlOn be adopted, and that the DIrector of Finance be authonzed to Issue a purchase order m the amount of $50,000 for requested modelmg servIces m FY 2005/06 per the proposed agreement and to authonze the DIrector of Finance to pay an addItlOnal $17,100 to the consultant for servIces rendered m FY 2004/05, bnngmg the total authonzed amount m FY 2004/05 to $41,895 18 ResolutlOn of the CIty of San Bernardmo approvmg an agreement wIth Frank R. Cortez and Irene D Cortez, relatmg to property at 3008 Broadmoor Boulevard, San Bernardmo 92404-2316 (Waterman Avenue and 30th Street) (See Attached) (Cost to the City -- $73,150 [$24,950 from EDA, and $49,000 from the Gas Tax Fund.) (Resolution not available at time of printing.) Ward 7 MOTION: That saId resolutlOn be adopted. 19 ResolutlOn of the CIty of San Bernardmo declarmg ItS mtentlOn to order the vacatlOn of a portlOn of UmversIty Parkway, westerly of Northpark Boulevard. (See Attached) (No cost to the City -- $1,200 fee paid by applicant.) (Resolution not available at time of printing.) Ward 5 MOTION: That saId resolutlOn be adopted. 10 08/01/2005 20 AuthonzatlOn to proceed - proposed vacatIon of a portlOn of GaIlllett Parkway, formerly known as Campeau Dnve, between Hallmark Parkway and Georgia Boulevard and plan approval. (See Attached) (No cost to the City -- $1,200 processing fee to be paid by EDA.) Ward 6 MOTION: That the DIrector of Development ServIces and the CIty Clerk be authonzed to proceed wIth the vacatlOn of a portlOn of GaIlllett Parkway, formerly known as Campeau Dnve, between Hallmark Parkway and Georgia Boulevard, and that Plan No 10901, be approved. 21 ResolutlOn of the CIty of San Bernardmo settmg a publIc hearmg relatIve to the formatlOn of Underground UtilIty DIstnct No 32, generally located along portIons of Victona Avenue (See Attached) (No net cost to the City -- $730,000 from Rule 20A funds, and $270,000 from the Public Improvement Fund.) Ward 4 MOTION: That the DIrector of Development ServIces DIrector and the CIty Clerk be authonzed to proceed wIth the formatlOn of Underground UtIlIty DIstnct No 32, along portlOns of Victona Avenue, north of HIghland, pursuant to San Bernardmo MumCIpal Code SectlOn 13 26, and that saId resolutlOn be adopted. 22 ResolutlOn of the CIty of San Bernardmo establIsillng faIr market value of certaIn real property located at the northeast corner of 2nd Street and Viaduct Boulevard, bemg a portlOn of real property commonly known as Assessor's Parcel Number 0138-263-02, relatIve to the extenslOn of GlOvanola Avenue (See Attached) (Cost to the City -- $207,000 in AB 2928 Funds.) (Resolution not available at time of printing.) Ward 1 MOTION: That saId resolutlOn be adopted. 23 ResolutlOn of the CIty of San Bernardmo approvmg Agreement wIth the CalIforma Newspapers Partnersillp for deferral of sIdewalk Improvements on Georgia Boulevard. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 6 MOTION: That saId resolutlOn be adopted. 11 08/01/2005 24 AuthonzatlOn for the DIrector of Finance to exchange FY 200412005 AB 2928 Funds for FY 200412005 Gas Tax Funds for three-pavement rehabIlItatlOn projects (See Attached) Wards 1,3,5,6,7 MOTION: That the Mayor and Common CouncIl authonze the DIrector of Finance to exchange $146,888 m FY 200412005 AB 2928 Funds for FY 200412005 Gas Tax Funds for three-pavement rehabIlItatlOn projects 25 Reject all bIds for cleamng sewer sIphons at varlOUS 10catlOns (SW05-13) per project Plan No I 1340A and dIrect staff to reVIse the project and re-advertIse (See Attached) (No cost to the City.) Wards 1,2&3 MOTION: That the Mayor and Common CouncIl reject all bIds for cleamng sewer sIphons at varlOUS 10catlOns (SW05-13) per project Plan No I 1340A and dIrect staff to reVIse the project and re-advertIse 26 ResolutlOn of the CIty of San Bernardmo amendmg ResolutlOn No 655 entItled m part, "A ResolutIon desIgnatmg certaIn streets, or portIons thereof as through illghways " and establIsillng a three-way stop at the mtersectlOn of CrestvIew Avenue and Eighteenth Street. (See Attached) (Cost to the City - - $1,000 from the General Fund.) (Resolution not available at time of printing.) Ward 2 MOTION: That saId resolutlOn be adopted. Facilities Management 27 AuthonzatlOn to execute Change Order No Three to contract wIth Eberhardt ConstructlOn, Inc , for changes m the scope of work at Fire StatlOn #232 (See Attached) (Cost to the City -- $59,273.83 from the Fire Equipment Acquisition Fund. ) Ward 5 MOTION: That the DIrector of FacIlItIes Management be authonzed to execute Change Order No Three to the contract wIth Eberhardt ConstructlOn Inc, for changes m the scope of work at Fire StatlOn #232 m the amount of $59,273 83 12 08/01/2005 Fire 28 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the CIty of San Bernardmo Fire Department to extend the Agreement wIth the County of San Bernardmo to provIde fire protectlOn and paramedIc servIces to County umncorporated areas wItmn the CIty of San Bernardmo's sphere of mfluence from July I, 2005, through June 30, 2006 (See Attached) (Revenue to the City in FY 05/06 -- $250,000.) (Resolution not available at time of printing.) All Wards MOTION: That saId resolutlOn be adopted. Parks, Recreation & Community Services 29 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the Mayor or her desIgnee to Issue a purchase order to ServIce Scape for landscape maIntenance servIce for PlOneer Memonal Cemetery, for a penod of twelve (12) months m accordance wIth BId SpecIficatlOn F-06-02 (See Attached) (Cost to the City -- $44,796 from the Cemetery Fund.) Ward 1 MOTION: That saId resolutlOn be adopted, and that the DIrector of Finance be authonzed to amend the FY 05/06 adopted Cemetery budget and appropnate $1 ,800 from the Cemetery fund balance to Account No 106-441-5506 (Landscape Contracts) 30 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo awardmg a purchase order to ServIce Scape for park lawn mowmg servIces at seven (7) park 10catlOns for a penod of twelve (12) months m accordance wIth BId SpecIficatlOn F-06-03, Al Guilln Park, Anne Smrrells Park, BlaIr Park, DelmaIlll HeIghts Park, Hudson Park, Littlefield/ShultIs Park, and SpIecher Park. (See Attached) (Cost to the City -- $49,592 from various funds.) Wards 4,5,6,7 MOTION: That saId resolutlOn be adopted. 31 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo awardmg purchase orders for landscape and IrngatlOn maIntenance servIces to ServIce Scape for downtown facilItIes, parkmg lots, north sIte facIlItIes, south sIte facIlItIes, Carousel Mall, medIans, Arrowhead CredIt Umon Park, Library facIlItIes, and Seccombe Lake Park, R. P Landscape for central facIlItIes, and W Wood & Associates for San Bernardmo Soccer Complex for a penod of twelve (12) months m accordance wIth BId SpecIficatlOn F06-04 A, B, & C (See Attached) (Cost to the City -- $320,727.80 from the General Fund.) Wards 4,5,6&7 MOTION: That saId resolutlOn be adopted. 13 08/01/2005 Police 32 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the executlOn of an Agreement between the CIty of San Bernardmo and SANBAG for the lease of office space located m the Santa Fe Depot at 1170 West 3rd Street. (See Attached) (Cost to the City -- $25,000 from the General Fund.) (Resolution not available at time of printing) Ward 1 MOTION: That saId resolutlOn be adopted. Public Services 33 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the executlOn of a purchase order to Crest Chevrolet for a 2006 4WD Tahoe command vemcle to be utIlIzed by the Fire Department. (See Attached) (No cost to the City -- $59,777.68 from Federal and State Programs Fund.) All Wards MOTION: That saId resolutlOn be adopted. END OF CONSENT CALENDAR PUBLIC HEARINGS Development Services CONTINUED FROM JULY 18, 2005 TO BE HEARD AT 4:00 P.M. 34 PublIc hearmg - resolutlOn ordenng vacatlOn - proposed vacatlOn of the east/west street lymg between "D" Street and Stoddard Avenue (New Staff Report Attached) (Backup material distributed on July 5, 2005, Item No. 23; item continued to July 18, 2005, Item No. 39.) 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 #1: That MotIon #3 approved on June 6, 2005, authonzmg the DIrector of Development ServIces to prepare and subrmt a varIance applIcatlOn to the Planmng COIllIll1SSlOn relatIve to the proposed vacatlOn of the east/west street lymg between "D" Street and Stoddard A venue, be rescmded, and (Item Continued on Next Page) 14 08/01/2005 34 Contmued. MOTION #2: That the publIc hearmg be closed and the Findmgs of Fact, as set forth m the staff report, dated July 18, 2005, from James Funk, DIrector of Development ServIces, as to why portIons of the east/west street lymg between "D" Street and Stoddard Avenue, IS no longer necessary for publIc street purposes, be adopted, and MOTION #3: That saId resolutlOn be adopted. END OF PUBLIC HEARINGS STAFF REPORTS 35 ResolutlOn adoptmg the FY 200512006 to 200912010 CapItal Improvement Program (5- Year CIP) (Document and 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 200512006 budget to mcorporate the completed FY 200512006 CapItal Improvement Program mto the Final 200512006 Budget as documented on the attached spreadsheets 36 ResolutlOn of the CIty of San Bernardmo adoptmg the Five-year CapItal Improvement Program (2005-2010) for Measure "I" local expendItures (See Attached) (No cost to the City for this action.) (Resolution not available at time of printing.) All Wards MOTION: That the matter be contmued to August 15, 2005 37 Findmgs of consIstency WIth the General Plan ConfofIlllty for Monterey II, Alessandro II, Burbank II, and Wilson II Elementary Schools for San Bernardmo CIty Umfied School DIstnct. (Document not available at time of printing.) MOTION #1: That the Mayor and Common CouncIl make the findmgs that Monterey II Elementary School IS consIstent WIth the General Plan, and 15 08/01/2005 (Item Continued on Next Page) 37 Contmued. MOTION #2: That the Mayor and Common CouncIl make the findmgs that Alessandro II Elementary School IS consIstent WIth the General Plan, and MOTION #3: That the Mayor and Common CouncIl make the findmgs that Burbank II Elementary School IS consIstent WIth the General Plan, and MOTION #4: That the Mayor and Common CouncIl make the findmgs that Wilson II Elementary School IS not consIstent WIth the General Plan. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM JULY 18, 2005 TO BE HEARD AT 5:00 P.M. R38 PublIc hearmg - DISposItIon and Development Agreement - TELACU Development, LLC (40th Street Redevelopment ProJect Area) (Item continued from July 18, 2005, Item No. R42, no backup material was distributed on July 18, 2005.) 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.) 16 08/01/2005 Mayor to open the hearing . . . (Item Continued on Next Page) R38 Contmued. MOTION: That the matter be contmued to September 6,2005 Recommended for approval at the Redevelopment Committee meeting on July 19, 2005 - Committee Members Present: Estrada and McGinnis TO BE HEARD AT 5:00 P.M. R39 PublIc hearmg - 2005 DISposItlOn and Development Agreement wIth Watson- Westndge, LLC - 143 72 acre resIdentIal development located north of Footmll Dnve and east of Sterlmg Avenue (Document not available at time of printing.) A ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo approvmg that certaIn Purchase and Sale Agreement by and between the CIty of San Bernardmo ("CIty") and the Redevelopment Agency of the CIty of San Bernardmo ("Agency") relatmg to the sale of CIty property located north of Footmll Dnve, east of Sterlmg Avenue (135 60 acres APN 0155-361-25) m the CIty of San Bernardmo (Resolution not available at time of printing.) B ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo approvmg the 2005 DISposItlOn and Development Agreement ("DDA") by and between the Redevelopment Agency of the CIty of San Bernardmo ("Agency") and Watson-Westndge, LLC ("Developer") CIty and Agency property located north of Footmll Dnve, east of Sterlmg Avenue (APN 0155-361-25, 0155-381-11 & 45 - 143 72 acres m the CIty of San Bernardmo ("Property") and makmg certaIn findmgs thereto related to the development of the property (Resolution not available at time of printing.) C ResolutlOn of the Commumty Development COIllIll1SSlOn of the CIty of San Bernardmo approvmg that certaIn Purchase and Sale Agreement by and between the CIty of San Bernardmo ("CIty") and the Redevelopment Agency of the CIty of San Bernardmo ("Agency") relatmg to the sale of CIty property located north of Footmll Dnve, east of Sterlmg Avenue (135 60 acres APN 0155-361-25) m the CIty of San Bernardmo (Resolution not available at time of printing.) (Item Continued on Next Page) 17 08/01/2005 R39 Contmued. D ResolutlOn of the Commumty Development COIllIll1SSlOn of the CIty of San Bernardmo approvmg the 2005 DISposItlOn and Development Agreement ("DDA") by and between the Redevelopment Agency of the CIty of San Bernardmo ("Agency") and Watson-Westndge, LLC ("Developer") and authonzmg the Agency ExecutIve DIrector to execute SaId DDA relatmg to the sale and development of certaIn CIty and Agency property located north of Footmll Dnve, east of Sterlmg Avenue (APN 0155-361-25, 0155-381-11 & 45 - 143 72 acres m the CIty of San Bernardmo) ("Property") and makmg certaIn findmgs thereto related to the development of the property (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the matter be contmued to August 15, 2005 (SAN BERNARDINO CITY HOUSING AUTHORITY) R40 ResolutlOn of the San Bernardmo CIty Housmg Authonty makmg certaIn findmgs WIth respect to the use of certaIn land for development of a new smgle fmly home m the Meadowbrook NeIghborhood RestoratlOn Area and rescmdmg Housmg Authonty ResolutlOn No SBHA 2005-2 adopted May 16, 2005, (land located at 123 North SIerra Way, San Bernardmo, CalIforma, APN 0135-292-35) m the Inland Valley Development Agency (IVDA) Redevelopment ProJect Area. (See Attached) MOTION: That saId resolutlOn be adopted. 18 08/01/2005 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, AUGUST 1, 2005 - 6:00 P.M. PRESENT ABSENT PLANNING ITEMS TO BE HEARD AT 6:00 P.M. 41 PublIc hearmg - Development Code Amendment No 04-04 to amend Development Code SectlOn 19 20 030(8), Table 20 01 to allow school uses (wmch legally eXIsted pnor to November I, 2004) m resIdentIal land use dIstncts to have SIX foot mgh decoratIve front yard secunty fencmg (See Attached) (No cost to the City.) All Wards An Ordmance of the CIty of San Bernardmo moillfymg Chapter 19 20 (Property Development Standards), SectlOn 19 20 030(8), Table 20 01 of the San Bernardmo MumCIpal Code (Development Code) related to heIghts of fences for schools (establIshed pnor to November I, 2004) m ResIdentIal Land Use DIstncts FIRST READING Mayor to open the hearing . . . MOTION: That the hearmg be closed, and that saId ordmance be laId over for final adoptlOn. END OF PLANNING ITEMS 19 08/01/2005 42 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.) 43 AdJournment. MOTION: That the meetmg be adJourned to 500 pm., Monday, August 8, 2005, m the Econormc Development Agency Boardroom, for a General Plan Workshop NOTE: The next Jomt regular meetmg of the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn IS scheduled for 1:30 p.m., Monday, August 15, 2005, m the Council Chambers of CIty Hall, 300 North "D" Street, San Bernardmo, CalIforma. 20 08/01/2005 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. 21 08/01/2005