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HomeMy WebLinkAbout10-17-2005 Reg. Agenda Mayor Judith Valles Council Members: CITY OF SAN BERNARDINO Esther Estrada 300 N. “D” Street Susan Longville Gordon McGinnis San Bernardino, CA 92418 Neil Derry Website: www.sbcity.org Chas Kelley Rikke Van Johnson Wendy McCammack AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, OCTOBER 17, 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 14-16.) CALL TO ORDER: ___________________________________________ PRESENT: ___________________________________________ ABSENT: ___________________________________________ PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. CLOSED SESSION 1. Pursuant to Government Code Section(s): 10/17/2005 1 MOTION: That the Mayor and Common Council and Community Development Commission recess to closed session for the following: A. Conference with legal counsel – existing litigation – pursuant to Government Code Section 54956.9(a): H. Roger Wang, et al. v. Wal-Mart Real Estate Business Trust, et al. – San Bernardino Superior Court Case No. SCVSS 129158; City of San Bernardino v. Henry Barber – San Bernardino Superior Court Case No. SCISS 117517; La France Hamilton v. City of San Bernardino, et al. – United States District Court Case No. EDCV 00-107 RT (RNBx). B. Conference with legal counsel – anticipated litigation – significant exposure to litigation – pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Mountain Business Park, Claim No. 0413-06-00034 C. Conference with legal counsel – anticipated litigation – initiation of litigation – pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session – personnel – pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public’s right of access to public services or public facilities – pursuant to Government Code Section 54957. F. Conference with labor negotiator – pursuant to Government Code Section 54957.6. Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino City Professional Firefighters San Bernardino Police Officers Association 10/17/2005 2 (Item Continued on Next Page) 1. Continued. G.Conference with real property negotiator – pursuant to Government Code Section 54956.8: 1. Property: 247 West Third Street Negotiating Parties: 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 Under Negotiation: Purchase price, terms and conditions 2. Property: 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 Negotiating Parties: 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 Under Negotiation: Terms and conditions 3. Property: Joint Use Multipurpose Room/Gymnasium at the Cesar Chavez Middle School, 6650 Magnolia Court, San Bernardino, California Negotiating Parties: Marianne Milligan, City Attorney’s Office, and Teri Baker, City Administrator’s Office, for the City of San Bernardino, licensee; Wael Elatar, Facilities Administrator, San Bernardino City Unified School District, as property owner Under Negotiation: Terms and conditions 4. Property: Community Facilities: 10/17/2005 3 (Item Continued on Next Page) 1. Continued. Delmann Heights Community Center 2669 N. Flores Street Fifth Street Senior Center 600 W. Fifth Street Lytle Creek Community Center 380 S. “E” Street Mill Community Center 503 S. “E” Street Nicholson Community Center 2750 W. Second Street st Perris Hill Park Senior Park 780 E. 21 Street Ruben Campos Community Center 1717 W. Fifth Street Rudy Hernandez Community Center 222 N. Lugo Norton/Galaxy Ballroom 1494 Art Townsend Drive Negotiating Parties: Marianne Milligan, City Attorney’s Office and Lemuel P. Randolph, Director, Parks, Recreation and Community Services Department, for property owner; Gregory Humpal, Contract Analyst, San Bernardino City Unified School District 5. Property: Vacant land APN 0136-111-22 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, as owner/seller, and Arrowhead Central Credit Union, a California Corporation, as buyer Under Negotiation: Purchase price, terms and conditions END OF CLOSED SESSION 10/17/2005 4 RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ INVOCATION: _________________________________________ PLEDGE: _________________________________________ 2. Appointments. A. Board of Water Commissioners – Louis A. Fernandez – Mayor Valles. B. Planning Commission – Alternate - A. Jay Munoz – Mayor Valles. C. Fine Arts Commission – Bronica Martindale – Rikkee Van Johnson. MOTION: That the appointments of Louis A. Fernandez to the Board of Water Commissioners, A. Jay Munoz, to the Planning Commission, and Bronica Matindale, to the Fine Arts Commission, as requested by Mayor Valles and Council Member Johnson, be approved. 3. Presentations. A. Service Pin Awards Ceremony. 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 normal sequence on the agenda. Information concerning Consent Calendar items is available for public review. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 30, be adopted except for ____, ____, ____, ____, and ____. 10/17/2005 5 5. Waive full reading of resolutions and ordinances. MOTION: That full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority, be waived. 6. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated October 4, 2005, from Barbara Pachon, Director of Finance, be approved. 7. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated October 12, 2005 in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. City Attorney 8. Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain records no longer required to be maintained by the San Bernardino City Attorney’s Office. (Document and Resolution not available at time of printing.) (No cost to the City.) MOTION: That said resolution be adopted. 9. Resolution of the Mayor and Common Council of the City of San Bernardino for Professional Services Agreement between the City of San Bernardino and the law firm of Mundell, Odlum & Haws to represent the City and San Bernardino Fire Department in Patrick Major v. San Bernardino Fire Department, City of San Bernardino, et al. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 10/17/2005 6 City Clerk 10. Review and take action regarding the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire pursuant to Government Code Section 8630 (c)(1). MOTION: That the Mayor and Common Council confirm the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire. Development Services 11. Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Tract Map No. 14746, located at the intersection of “F” Street and Hill Drive, accepting the public dedications as set forth on said map; and authorizing execution of the Standard Form of Agreement for the improvements in said subdivision, with time for performance specified. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Wards 4&5 MOTION: That said resolution be adopted. 12. Resolution of the City of San Bernardino establishing fair market value and minimum sale price for certain City owned parcels of real property generally th located between “D” Street and Stoddard Avenue, north of 29 Street and south of State Route 210, and setting a public hearing to consider said sale. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 7 MOTION: That said resolution be adopted. 13. Resolution of the Mayor and Common Council of the City of San Bernardino approving Standard Form of Agreement for Subdivision Tract No. 16509-3 (Lots 60 through 73) located on the west side of Northpark Boulevard between University Parkway and the Devil Creek Flood Control Channel with Richmond American Homes of California, Inc., with time of performance specified, and authorizing release of University Park, LLC from terms of Standard Form of Agreement for Tract No. 16509-3 (Lots 60 through 73) as approved by Resolution No. 2005-114 dated May 16, 2005.) (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 10/17/2005 7 14. Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Palm Avenue and Irvington Avenue Area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1043, Zone 1 and Zone 2; preliminarily approving the Engineer’s Report and giving notice of a public meeting and public hearing. (See Attached) (No cost to the City -- $4,000 processing fee has been paid by applicant.) (Resolution not available at time of printing.) Ward 5 MOTION: That the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment District in the Palm Avenue and Irvington Avenue area (Tract Nos. 15940 and 16457), to be known as Assessment District No. 1043 Zone 1 and Zone 2; and that said resolution be adopted. 15. Resolution of the City of San Bernardino approving Services Agreements with Albert Johnson and California Code Check for provision of contract building inspection services. (See Attached) (Cost to the City – Not to exceed $260,000 from the Special Deposits Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 16. Resolution of the City of San Bernardino directing and authorizing the execution of a Sales and Purchase Agreement and the execution of a grant deed to J. R. Watson & Associates relative to the sale of City property generally located at the northeast corner of Pine and Belmont Avenues and the southeast corner of Ohio and Pine Avenues in the City of San Bernardino. (See Attached) (Cost to the City – Closing costs [amount unknown at this time] to be paid from proceeds of the sale.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 10/17/2005 8 Facilities Management 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of an annual purchase order with three one-year renewal options to SK Telecon, Inc. for the cable pull services to the City’s telephone system for the Facilities Management Department in the amount of $34,398.00. (See Attached) (Cost to the City -- $34,398 from the Telephone Support Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of an annual purchase order with three one-year renewal options to Nexus I.S. for the equipment maintenance of the City’s telephone system for the Facilities Management Department in the amount of $44,460.15. (See Attached) (Cost to the City -- $44,460.15 from the Telephone Support Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 19. Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain records no longer required to be maintained by the Facilities Management Department. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Fire 20. Resolution of the Mayor and Common Council of the City of San Bernardino approving an Authorized Provider Agreement between the City of San Bernardino Fire Department and the American Red Cross Inland Empire Chapter. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 10/17/2005 9 21. Resolution of the Mayor and Common Council of the City of San Bernardino adopting a Standard Agreement to be used for gaining the permission of parcel owners to enter their property for the purposes of conducting prescribed and/or structural training burns. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Mayor’s Office 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the Sinfonia Mexicana for the promotion of Arts and Culture. (See Attached) (Cost to the City -- $50,000 from the General Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the San Bernardino Symphony Orchestra for the promotion of arts and culture. (Document and Resolution not available at time of printing. (Cost to the City -- $70,000 from the General Plan.) MOTION: That said resolution be adopted. Parks, Recreation and Community Services 24. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing reimbursement of costs incurred by GFR/Century Homes for installation of a 2-inch water meter and architectural conceptual landscape drawings for a new city park in the University Heights Development. (See Attached) (Cost to the City -- $41,686.08 from the Park Construction Fund.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 10/17/2005 10 25. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a Community Foundation Grant application in the amount of $6,535 from the Community Foundation serving Riverside and San Bernardino Counties for the Senior Companion Program (SCP) and authorizing the Director of Parks, Recreation and Community Services to administer the grant funding. (See Attached) (No cost to the City – Grant funding in the amount of $6,535.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Police 26. Resolution of the City of San Bernardino ratifying the submittal of a grant application and authorizing the Police Department to administer the allocated FY 2005 Buffer Zone Protection Plan (BZPP) grant funds in accordance with the grant expenditure plan. (See Attached) (No cost to the City -- $97,821 in grant funding.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 27. Item Deleted. 28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of the renewal of a Memorandum of Understanding (MOU) for the San Bernardino Police Department to participate as a member of the United States Department of Justice, Drug Enforcement Administration (DEA) Task Force. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Public Services 29. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the execution of a Purchase Order to Guzman Construction for the repair and/or clean out of approximately six hundred and eighty feet of Meyer Road Storm Drain. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 10/17/2005 11 30. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing purchase orders to Matich Corporation and Vulcan Material/CalMat Division to supply materials, equipment and labor for roadway pavement repairs for use by the Public Services Street Division for CIP Projects. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF CONSENT CALENDAR CONTINUED ITEMS Development Services CONTINUED FROM OCTOBER 3, 2005 31. Resolution of the Mayor and Common Council of the City of San Bernardino approving Standard Form of Agreement for Subdivision Tract No. 14604 located at the northeast corner of Ohio and Magnolia Avenues with KB Home Greater Los Angeles Inc., with time of performance specified, and authorizing release of Richard L. Elder and Kevin R. Elder from terms of Standard Form of Agreement for Subdivision Tract No. 14604 as approved by Resolution No. 2003-129, dated June 16, 2003. (Backup material distributed October 3, 2005, Item No. 15.) MOTION: That said resolution be adopted. Human Resources CONTINUED FROM OCTOBER 3, 2005 32. Resolution of the City of San Bernardino adopting an updated Non- Discrimination/Workplace Harassment Policy for said City and repealing Resolution No. 95-154. (Backup material distributed October 3, 2005, Item No. 18.) MOTION: That said resolution be adopted. END OF CONTINUED ITEMS 10/17/2005 12 STAFF REPORTS City Administrator TO BE HEARD AT 5:00 P.M. th 33. Workshop in the MIC Room, 6 Floor City Hall, to discuss and take possible action concerning issuance of Pension Obligation Bonds. (No cost to the City for this action.) Resolution of the Mayor and Common Council of the City of San Bernardino supplementing Resolution No. 2005-79 providing for the issuance of Pension Obligation Bonds, approving the form of and authorizing the execution and delivery of a Trust Agreement and Bond Purchase Agreement, and authorizing other matters relating thereto. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Council Office 34. Resolution of the Mayor and Common Council of the City of San Bernardino supporting the Santa Ana River Trail Concept Plan and commitment to partner with the County of San Bernardino and other entities as necessary to secure funding to implement the plan. (Document and Resolution not available at time of printing.) MOTION #1: That said resolution be adopted; that the Director of Development Services be authorized to initiate amendments to the General Plan as needed pursuant to the Concept Plan for review by the Planning Commission and approval of the Mayor and Common Council; and MOTION #2: That the City Administrator be directed to prepare a Action Plan that specifies each department’s responsibilities pursuant to the Concept Plan; and MOTION #3: That the Mayor and Common Council establish a Santa Ana River Trail Commission comprised of trail supporters that will advise the Mayor and City Council on implementation opportunities through quarterly updates at regularly scheduled meetings of the Mayor and Common Council. END OF STAFF REPORTS 10/17/2005 13 COMMUNITY DEVELOPMENT COMMISSION TO BE HEARD AT 5:00 P.M. CONTINUED FROM SEPTEMBER 6, 2005 R35. Public hearing – 2005 Disposition and Development Agreement – Arrowhead Central Credit Union, a California Corporation (Central City South Redevelopment Project Area. (Item continued from July 18, 2005, Item No. R43, no backup material was distributed, item was continued to September 6, 2005, Item No. R44.) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2005 Disposition and Development Agreement (“DDA”) by and between the Redevelopment Agency of the City of San Bernardino (“Agency”) and Arrowhead Central Credit Union, A California Corporation (“Developer”) Agency Property located north of Mill Street, west of “E” Street (APN 0136-111-22) – 8.2 acres in the City of San Bernardino (“Property”) and making certain findings thereto related to the development of the Project. B. Resolution of the Community Development Commission of the City of San Bernardino approving the 2005 Disposition and Development Agreement (“DDA”) by and between the Redevelopment Agency of the City of San Bernardino (“Agency”) and Arrowhead Central Credit Union, a California Corporation (“Developer”) and authorizing the Agency Executive Director to execute said DDA relating to the sale and development of Agency property located north of Mill Street, west of “E” Street (APN 0135-111-22) – 8.2 acres in the City of San Bernardino (“Property”) and making certain findings thereto related to the development of the Project. Mayor to open the hearing . . . MOTION: That the matter be tabled. TO BE HEARD AT 5:00 P.M. CONTINUED FROM SEPTEMBER 19, 2005 th R36. Public hearing - 2005 49 Street Single Family Residential Disposition and th Development Agreement – TELACU Development, LLC – 40 Street Redevelopment Project Area. (Item was continued from July 18, 2005, Item No. R42, no backup material was distributed on July 18, 2005; item was continued to August 1, 2005, Item No. R38; item was continued to 10/17/2005 14 September 6, 2005, Item No. R45; item was continued to September 19, 2005, Item No. R22.) (Item Continued on Next Page) R36. Continued. A. Resolution of the Mayor and Common Council of the City of San th Bernardino approving the 2005 49 Street Single Family Residential Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino (“Agency”) and th TELACU Development, LLC (“Developer”) (TELACU 49 Street New th Homes Project – 40 Street Redevelopment Project Area. B. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director to th execute the 2005 49 Street Single Family Residential Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino (“Agency”) and TELACU Development, thth LLC (“Developer”) (TELACU 49 Street New Homes Project – 40 Street Redevelopment Project Area.) Mayor to open the hearing . . . MOTION: That the matter be continued to November 7, 2005. Recommended for approval at the September 6, 2005 meeting of the Redevelopment Committee – Members present: Estrada and Longville R37. Public hearing - Request to provide a HOME Grant to Mary’s Mercy Center for Veronica’s Home Transitional Housing Project. (Document not available at time of printing.) Ward 1 Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute the 2005 HOME Grant Agreement by and between the Agency and Mary’s Mercy Center, Inc., a non-profit public benefit corporation – 641 Roberds Avenue (IVDA Redevelopment Project Area) (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the matter be continued to November 21, 2005. 10/17/2005 15 Recommended for approval at the October 4, 2005 meeting of the Redevelopment Committee – Members present: Estrada and McGinnis R38. Designating Agency check signers, Secretary and Assistant Secretary of the Commission. (Document not available at time of printing.) A. Resolution of the Community Development Commission of the City of San Bernardino, California, designating check signers and countersigners for the City of San Bernardino Redevelopment/Economic Development Agency checks and wire transfers, and repealing Resolution No. CDC/ 2004-40. (Resolution not available at time of printing.) B. Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the appointment of Margarita Pacheco as Secretary of the Commission and the appointment of Barbara Lindseth as Assistant Secretary of the Commission, and repealing Resolution No. CDC/2001-46. (Resolution not available at time of printing.) MOTION: That said resolutions A&B, be adopted. R39. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director to execute Amendment No. 1 to the 2000 Agreement with Lewis, Brisbois, Bisgaard & Smith, L.L.P., as Agency Special Counsel, extending the 2000 Agreement for 6 months, or through April 30, 2006, on the same terms and conditions of the 2000 Agreement. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Recommended for approval at the August 2, 2005, meeting of the Redevelopment Committee – Members Present: Estrada and Longville R40. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute Amendment No. 2 to the June 2, 2003 Disposition and Development Agreement (DDA) by and between the Agency and J. R. Watson & Associates 10/17/2005 16 Development Co. and other affiliated entities as identified in the amended DDA (“Developer”). (Document and Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION ITEMS 10/17/2005 17 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING MONDAY, OCTOBER 17, 2005 – 6:00 P.M. PRESENT: ___________________________________________ ABSENT: ___________________________________________ PLANNING ITEMS TO BE HEARD AT 6:00 P.M. 41. Public hearing – General Plan Amendment No. 05-09 and Conditional Use Permit No. 05-10 – to change the land use designation of approximately 7.6 acres from RL, Residential Low, to CG-3, Commercial General University Village, land use district and construct a multi-tenant commercial shopping center. (See Attached) Ward 5 Owner/Applicant: Chuck Diamond University Park, LLC 101 Main Street, Suite A Seal Beach, CA 90740 Request/Location: A request to change the land use designation on approximately 7.6 acres from RL, Residential Low, to CG-3, Commercial General University Village, and approve Conditional Use Permit No. 05-10 to construct a multi-tenant commercial shopping center for a site located at the northwest corner of University Parkway and Northpark Boulevard. After submittal of the staff report, staff noted that the stated acreage was incorrect and revised the staff report; however, the resolution was not changed accordingly. Resolution of the City of San Bernardino re-adopting General Plan Amendment No. 05-09 to the General Plan of the City of San Bernardino, to amend the General Plan Land Use Designations from RL, Residential Low, to CG-3, Commercial General University Village, for 7.6 acres located at the northwest corner of University Parkway and Northpark Boulevard, and repealing Resolution No. 2005-315. (Resolution not available at time of printing.) Mayor to open the hearing . . . (Item Continued on Next Page) 10/17/2005 18 41. Continued. MOTION: That the hearing be closed; that the Mayor and Common Council re-adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Plan; that said resolution be adopted; and that Conditional Use Permit No. 05-10 be re-approved based upon the Findings of Fact contained in the Planning Commission staff report and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). TO BE HEARD AT 6:00 P.M. 42. Public hearing – Specific Plan Amendment No. 05-01, General Plan Amendment No. 05-08, Development Permit II No. 05-49, and Tentative Parcel Map No. 17235 – Stater Bros. Markets Distribution Center. (See Attached) (No cost to the City.) Ward 1 Owner: Don Rogers San Bernardino International Airport Authority Inland Valley Development Agency 294 S. Leland Norton Way, Suite 1 San Bernardino, CA 92408 Applicant: Scott Limbacher Stater Bros. Markets 21700 Barton Road Colton, CA 92324 Request/Location: The Inland Valley Development Agency (IVDA) submitted applications to amend the San Bernardino International Trade Center Specific Plan and the General Plan. Stater Bros. Markets submitted applications to construct a corporate office and warehouse/distribution facility and consolidate parcels and re-subdivide for the project. The proposed Stater Bros. Markets Distribution Center will be located east of Tippecanoe Avenue, south of Harry Sheppard Boulevard. Resolution of the City of San Bernardino adopting the Facts, Findings and Statement of Overriding Considerations, certifying the Final Subsequent Environmental Impact Report, adopting the Mitigation Monitoring and Reporting Plan, certifying the Traffic Impact Analysis, adopting Specific Plan Amendment No. 05-01 and General Plan Amendment No.05-08 for the Stater Bros. Markets Distribution Center. (Resolution not available at time of printing.) 10/17/2005 19 (Item Continued on Next Page) 42. Continued. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Mayor and Common Council adopt the resolution and approve Development Permit II No. 05-49 and Tentative Parcel Map No. 17235, based on the Findings of Fact and subject to the Conditions of Approval and Standard Requirements. TO BE HEARD AT 6:00 P.M. 43. Public hearing – Development Agreement Nos. 05-01, 05-02, 05-03 and 05-04 related to the San Bernardino International Trade Center Specific Plan. (See Attached) (No cost to the City.) Ward 1 Owner: Don Rogers San Bernardino International Airport Authority Inland Valley Development Agency 294 S. Leland Norton Way, Suite 1 San Bernardino, CA 92408 John Magness Hillwood Development 105 N. Leland Norton Way, Suite 3 San Bernardino, CA 92408 Applicant: Scott Limbacher Stater Bros. Markets 21700 Barton Road Colton, CA 92324 Request/Location: The San Bernardino International Airport Authority (SBIAA), the Inland Valley Development Agency (IVDA), Stater Bros. Markets, and Hillwood Development are requesting four separate development agreements to provide assurances that the land uses currently allowed under the San Bernardino International Trade Center Specific Plan (SBITC SP) and the General Plan will not be changed, and development will be allowed to proceed. Resolution of the City of San Bernardino adopting and authorizing the execution of Development Agreement Nos. 05-01, 05-02, 05-03, and 05-04 related to the 10/17/2005 20 San Bernardino International Trade Center Specific Plan.. (Resolution not available at time of printing.) (Item Continued on Next Page) 43. Continued. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. TO BE HEARD AT 6:00 P.M. 44.Public hearing – Specific Plan No. 90-01/Conditional Use Permit No. 91-31 – CalMat Cajon Creek Specific Plan – modifications to Conditions of Approval. (See Attached) (No cost to the City.) Ward 6 Owner: Michael Linton Vulcan Materials 5694 Mission Center Road, Suite 602 PMB 424 San Diego, CA 92108-4312 Applicant: Patrick Mitchell Downey Brand Attorneys, LLP 3001 Douglas Boulevard, Suite 360 Roseville, CA 95661 Request/Location: The Mayor and Common Council approved the CalMat Cajon Creek Specific Plan in 1993 through Specific Plan No. 90-01 and Conditional Use Permit No. 91-31. The specific plan covers approximately 1392 acres, located westerly of Cajon Boulevard in the northwest portion of the City. The specific plan allowed sand and gravel extraction activities and various light and heavy industrial uses. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Mayor and Common Council modify Condition No. 9 to Specific Plan No. 90-01 and Conditional Use Permit No. 91-31 to revise the wording and incorporate the CalMat Cajon Creek Specific Plan Conceptual Landscape Plan. 10/17/2005 21 END OF PLANNING ITEMS 45. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission on a matter not on the agenda. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. (Usually any items heard under this heading are referred to staff for further study, research, completion and/or future Council/Commission action.) 46. Adjournment. MOTION: That the meeting be adjourned to Monday, October 24, 2005, at 5:00 p.m. in the Council Chambers of City Hall for adoption of the General Plan Update and associated Specific Plans. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, November 7, 2005, in the Council Chambers of City Hall, 300 North “D” Street, San Bernardino, California. 10/17/2005 22 NOTICE: Any member of the public may address this meeting of the Mayor and Common Council/Community Development Commission on any item appearing on the agenda by approaching the microphone in the Council Chambers when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and Common Council/Community Development Commission concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and Common Council/Community Development Commission, may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed forty-five (45) minutes, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. The Mayor and Common Council/Community Development Commission may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and Common Council/Community Development Commission. However, no other action shall be taken nor discussion held by the Mayor and Common Council/Community Development Commission on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. 10/17/2005 23