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HomeMy WebLinkAbout05-07-2007 Reg. Agenda Mayor Patrick J. Morris CITY OF SAN BERNARDINO Council Members: Esther Estrada 300 N. ?D? Street Dennis J. Baxter San Bernardino, CA 92418 Tobin Brinker 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, MAY 7, 2007 ? 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 & 17.) 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. 05/07/2007 1 CLOSED SESSION 1. Pursuant to Government Code Section(s): MOTION: That the Mayor and Common Council and Community Development Commission recess to closed session for the following: A. Conference with legal counsel ? existing litigation ? pursuant to Government Code Section 54956.9(a): J.R., et al. v. City of San Bernardino ? United States District Court Case No. 05-1045 JWJ; San Bernardino Police Officers Association v. City of San Bernardino, et al. ? United States District Court Case No. CV 07-02830 ABC AJWx; Michael Desrochers & Steve Lowes, et al. v. City of San Bernardino ? United States District Court Case No. EDCV 06-1408 VAP (JCRx) and related case, in re: Steve Lowes, Civil Service Board Hearing; Henroy Francis v. City of San Bernardino ? Workers? Compensation Appeals Board Case No. SBR 0322536 and SBR 0324877. 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: 1. Inland Communities Corp. v. City of San Bernardino, et al. (Paradise Hills) 2. (1) case ? anticipated litigation C. Conference with legal counsel ? anticipated litigation ? initiation of litigation ? pursuant to subdivision (c) of Government Code Section 54956.9: (1) case D. Closed Session ? personnel ? pursuant to Government Code Section 54957. (Item Continued on Next Page) 05/07/2007 2 1. Continued. 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: Mid-Management Unit G. Conference with real property negotiator ? pursuant to Government Code Section 54956.8: IVDA Redevelopment Project Area 1. Property Address: Southeast corner of Highland Avenue and Central Avenue APN: 1191-282-01 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Bradley McCall, LLC, property owner/seller (TELACU IV) Under Negotiation: Purchase price, terms and conditions Central City North Redevelopment Project Area (Downtown Acquisition Program) th 2. Property Address: 795 W. 5 Street (Paradise Motel) APN: 0134-093-41 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Tien Lee International Limited Corp., property owner/seller Under Negotiation: Purchase price, terms and conditions 05/07/2007 3 (Item Continued on Next Page) 1. Continued. th 3. Property Address: 701 W. 5 Street (vacant building 5th & G Streets) APN: 0134-093-08 and 09 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, and Infinite State, property owner Under Negotiation: Purchase price, terms and conditions END OF CLOSED SESSION 05/07/2007 4 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Re-appointment ? Dr. Thomas Pierce ? Community Development Citizen Advisory Committee ? Mayor Morris. B. Esther Jimenez ? Civil Service Board ? Mayor Morris. C. Evelyn Alexander ? Civil Service Board ? Mayor Morris. D. Thomas Rennard ? Board of Library Trustees ? Mayor Morris. E. Casey Dailey ? Alternate ? Planning Commission ? Mayor Morris. F. Re-appointment - Ray Shaffer Jr. ? Board of Fire Commissioners ? Council Member Baxter. MOTION: That the re-appointments and appointments, A-F, as requested by Mayor Morris and Council Member Baxter, be approved. 3. Presentations. 4. Announcements by Mayor and Common Council. All Consent Calendar items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or other interested persons so request, in which event the item will be removed from the Consent Calendar and considered in its 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 26 be adopted except for ____, ____, ____, ____, and ____. 5. Waive full reading of resolutions and ordinances. MOTION: That full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council and Community Development Commission, be waived. 05/07/2007 5 6. Council Minutes. (See Attached) MOTION: That the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: March 5, 2007 (Distributed on 4/27/07) March 19, 2007 (Distributed on 5/1/07) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated April 23, 2007, from Barbara Pachon, Director of Finance, be approved. 8. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated May 3, 2007 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 Clerk 9. Resolution of the Mayor and Common Council of the City of San Bernardino requesting that the City of San Bernardino?s primary municipal election be consolidated with the November 6, 2007 Consolidated Election conducted by the County of San Bernardino. (See Attached) (Cost to the City -- $??? From the General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. LAID OVER FROM APRIL 16, 2007 Council Office 10. Ordinance of the City of San Bernardino adding Chapter 2.23 to Title 2 of the San Bernardino Municipal Code establishing the Historical Preservation Commission. FINAL READING. (Backup material distributed on April 16, 2007, Item No. 26.) MOTION: That said ordinance be adopted. 05/07/2007 6 Development Services 11. Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, ?A Resolution? designating certain streets, or portions thereof as through highways?? and establishing a three-way stop at the intersection of Northpark Boulevard and Sierra Drive. (See Attached) (Cost to the City -- $1,500 from the General Fund.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 12. Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, ?A Resolution ? designating certain streets, or portions thereof as through highways?? and declaring Hill Drive a through highway from and including F Street to and including Mayfield Avenue. (See Attached) (Cost to the City -- $2,500 from the General Fund.) (Resolution not available at time of printing.) Ward 4 MOTION: That said resolution be adopted. 13. Authorization to proceed and approval of Plan No. 12171 ? proposed vacation of an east-west alley, northerly of Little League Drive and east of Magnolia Avenue. (See Attached) (No cost to the City -- $2,000 fees to be paid by applicant.) Ward 5 MOTION #1: That the Director of Development Services and the City Clerk be authorized to proceed with the proposed vacation of an east- west alley, northerly of Little League Drive and east of Magnolia Avenue; and MOTION #2: That Plan No. 12171 showing the proposed vacation of an east- west alley, northerly of Little League Drive and east of Magnolia Avenue, be approved. 14. Resolution of the City of San Bernardino making application to the Local Agency Formation Commission for providing City sewer services to property within unincorporated territory located at 4233 and 4235 Fourth Avenue. (See Attached) (No cost to the City -- $1,300 fee paid by applicant.) (Resolution not available at time of printing.) Partially surrounded by Ward 5 05/07/2007 7 (Item Continued on Next Page) 14. Continued. MOTION: That the Director of Development Services be authorized to initiate proceedings for the provision of City sewer services outside of City boundaries for property located at 4233 and 4235 Fourth Avenue; and that said resolution be adopted. 15. Resolution of the City of San Bernardino approving Amendment No. 2 to Agreement for professional services with LAN Engineering Corporation to provide engineering services for the design of Old Waterman Canyon Bridge replacement (SS07-14). (See Attached) (Cost to the City -- $8,000 from the Street Construction Fund.) (Resolution not available at time of printing.) Ward 4 MOTION: That said resolution be adopted. 16. Request for fee waiver -- Our Lady of the Assumption School Annual Family Fun Fair. (See Attached) (Cost to the City ? $2,934.99 from various funds.) Ward 5 MOTION: That the Mayor and Common Council approve the request for a waiver of fees associated with a Temporary Use Permit for the Our Lady of the Assumption School Annual Family Fun Fair. Finance 17. Resolution authorizing and approving the borrowing of funds for Fiscal Year 2007-2008; the issuance and sale of a 2007-2008 Tax and Revenue Anticipation Note therefore and participation in the California Communities Cash Flow Financing Program. (See Attached) (Estimated net earnings to the City -- $90,000 to the General Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 05/07/2007 8 Information Technology 18. Resolution of the City of San Bernardino authorizing the purchase of 37 Motorola XTS 2500 portable radios, 20 Motorola XTL 2500 mobile radios and 10 Motorola VRM 850 vehicle radio modems from Motorola, Inc.; 10 mobile data computers from GTSI Corp.; and 10 light bars from Federal Signal Corporation. (See Attached) (Cost to the City -- $302,044.74 from the Federal and State Programs Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to maintenance contract with Imagine Systems of San Bernardino for desktop/printer repairs. (See Attached) (Cost to the City -- $4,000 from the Information Technology Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Parks, Recreation and Community Services 20. Resolution of the Mayor and Common Council authorizing the City Manager to execute a Management Agreement between the City of San Bernardino and Coast Soccer League to provide management services at the San Bernardino Soccer Complex for the dates May 5-6, 12, 19-20, 26-28 and June 2-3, 23-26, and July 14-15, and September 8-9, 2007 and ratifying any action taken prior to the execution of this Resolution. (See Attached) (No cost to the City ? Anticipated Revenue in the amount of $48,250.) (Resolution not available at time of printing.) Ward 7 MOTION: That said resolution be adopted. 21. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a Federal Emergency Food and Shelter Program grant application through the Federal Emergency Management Agency (FEMA) for emergency food, utility and shelter funds for the period of October 1, 2006 through September 30, 2007, and ratifying any action taken prior to the execution of this Resolution. (See Attached) (No cost to the City -- $70,700 in grant funds to the City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 05/07/2007 9 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Professional Services Agreement with David Evans and Associates in the amount of $113,567 for the purpose of preparing preliminary plans for the proposed Verdemont Community Center. (See Attached) (Cost to the City -- $113,567 from the Parkland and Open Space Acquisition and Park Improvement Fee Fund.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2006-07 Development Services Fees (DIF) budget and transfer $88,600 from Account No. 268- 488-5504-7745 (?Park & Facility Design Services PR0712?) to Account No. 268-488-5504-7743 (?Select & Design Verdemont Community Center PR04-28?). 23. Item Deleted. Public Services 24. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance to amend the FY 06-07 Budget by transferring $94,500.00 into Account Number 240-379-5504-7604 and $65,200.00 into Account Number 240-379-5504-7644 in order to close out FY 05-06 CIP projects. (See Attached) (Cost to the City -- $159,700 from California Infrastructure & Economic Development Bank Loan Capital Projects Fund.) (Resolution not available at time of printing.) All Wards MOTION: That the Director of Finance be authorized to amend the FY 2006/07 budget by transferring $94,500 into Account No. 240- 379-5504-7604 and $65,200 into Account No. 240-379-5504- 7644 in order to close out FY 2005/06 CIP projects; and that said resolution be adopted. 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 1 to the Vendor Services Agreement and increase Purchase Order Number 300614 with Nelson Pavement and Grading Corporation (NPG) in the amount of $50,000.00, pursuant to Municipal Code Section 3.04.010B.3, for additional miscellaneous street repairs throughout the City of San Bernardino. (See Attached) (Cost to the City -- $50,000 from the Gas Tax Fund.) (Resolution not available at time of printing.) All Wards 05/07/2007 10 MOTION: That said resolution be adopted. 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 1 to the Vendor Services Agreement and increase Purchase Order Number 300459 with Zumar Industries, Inc. in the amount of $30,000, pursuant to Municipal Code Section 3.04.010B.3, for the purchase of additional traffic signs for repair, removal, and replacement of damaged, faded and vandalized signs, and installation of new signs located throughout the City of San Bernardino. (See Attached) (Cost to the City -- $30,000 from the General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Ways and Means Committee meeting on March 28, 2007 ? Committee Members present: Derry, Estrada and Johnson City Manager 27. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Services Agreement by and between the City of San Bernardino and Telecom Partners Group Corp, dba ATS Communications, a California Corporation, (?Consultant?) for the development and implementation of a Wireless Master Plan pursuant to Municipal Code Section 3.04.010B.3. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Grants Ad Hoc Committee meeting on April 10, 2007 ? Committee Members present: McCammack, Baxter and Brinker Fire 28. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of an on-line grant application for the FY 2007 Assistance to Firefighters Grant Program to the Department of Homeland Security in the amount of $663,000. (See Attached) (Grant amount requested - $663,000 [$530,400 from Homeland Security and 20% match in the amount of $132,600 to be funded in FY 07/08 if the grant is approved.) (Resolution not available at time of printing.) All Wards 05/07/2007 11 MOTION: That said resolution be adopted. Recommended for approval at the Ways and Means Committee meeting on April 18, 2007 ? Members present: Derry and Estrada th 29. Request for Civic and Promotional funding for the 4 of July Parade and Celebration at Arrowhead Credit Union Park. (See Attached) (Cost to the City -- $38,000 from the Civic and Promotion Fund.) MOTION: That $38,000 in Civic and Promotion funding be approved to th conduct the 2007 4 of July Parade and Celebration at Arrowhead Credit Union Park. Recommended for approval at the Legislative Review Committee on April 17, 2007 ? Committee Members present: Kelly and Brinker 30. An Ordinance of the City of San Bernardino amending Chapter 8.54 of the San Bernardino Municipal Code regarding noise. FIRST READING (See Attached) MOTION: That said ordinance be laid over for final adoption. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. 31. Public meeting - relative to formation of a Landscape Maintenance Assessment District in the Chiquita Lane and Date Street area (Tract Map No. 17576 ? Assessment District 1060). (See Attached) (No cost to the City -- $4,000 processing fee paid by applicant.) Ward 4 Mayor to open the public meeting . . . MOTION: That the public meeting relative to the formation of the Chiquita Lane and Date Street Area Landscape Maintenance Assessment District No. 1060, be closed, and protests and ballots, if any, be carried over to the public hearing on May 21, 2007, at 4:00 p.m. TO BE HEARD AT 4:00 P.M. 32. Public hearing ? resolution ordering work ? Waterman Avenue and Orange Show Road Area Landscape Maintenance Assessment District No. 1045 ? Tract 05/07/2007 12 No. 17972. (See Attached) (No cost to the City -- $4,000 processing fee paid by applicant.) Ward 1 (Item Continued on Next Page) 32. Continued. Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the Waterman Avenue and Orange Show Road area, approving the Final Engineer?s Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1045, ordering the work, confirming the 2007-2008 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. (4/5 vote required.) TO BE HEARD AT 4:00 P.M. 33. Public hearing ? resolution ordering work ? Pepper Avenue and Rialto Avenue Area Landscape Maintenance Assessment District No. 1050 - Tract No. 17076. (See Attached) (No cost to the City -- $5,900 processing fee paid by applicant.) Ward 6 Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the Pepper Avenue and Rialto Avenue area, approving the Final Engineer?s Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1050, ordering the work, confirming the 2007-2008 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. (Resolution not available at time of printing.) Mayor to open the hearing . . . 05/07/2007 13 MOTION: That the hearing be closed; and that said resolution be adopted. (4/5 vote required.) TO BE HEARD AT 4:00 P.M. 34. Public hearing ? resolution ordering work ? Mill Street and Meridian Avenue Area Landscape Maintenance Assessment District No. 1061 ? Tract No. 17218. (See Attached) (No cost to the City -- $5,900 processing fee paid by applicant.) Ward 6 Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the Mill Street and Meridian Avenue area, approving the Final Engineer?s Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1061, ordering the work, confirming the 2007-2008 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. (4/5 vote required.) TO BE HEARD AT 4:00 P.M. 35. Public hearing ? resolution approving annexation and resolution calling a special election and resolution certifying election results ? Community Facilities District No. 1033 (Verdemont Fire Station) ? Annexation No. 1. (See Attached) (No cost to the City -- $5,900 processing fee to be paid by applicant.)Wards 5&6 A. A Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the annexation of territory (Annexation No. 1) to Community Facilities District No. 1033 and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors. (Resolution not available at time of printing.) B. A Resolution of the Mayor and Common Council of the City of San Bernardino, California, calling a special election and submitting to the voters of Annexation No. 1 of City of San Bernardino Community 05/07/2007 14 Facilities District No. 1033 Propositions regarding the annual levy of special taxes within Annexation No. 1 and the establishment of an appropriations limit. (Resolution not available at time of printing.) (Item Continued on Next Page) 35. Continued. C. A Resolution of the Mayor and Common Council of the City of San Bernardino, California, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 1033, Annexation No. 1. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolutions A-C, be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM APRIL 16, 2007 Fire 36. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Fire Chief to execute an Agreement with the State of California Department of Transportation to use properties for conducting fire-related training activities. (Item continued from April 2, 2007, Item No. 20; item continued from April 16, 2007, Item No. 34.) MOTION: That the matter be tabled. CONTINUED FROM APRIL 16, 2007 City Manager 37. Update on Citywide Organizational Review. (Item continued from April 16, 2007, Item No. 35.) END OF CONTINUED ITEMS STAFF REPORTS 05/07/2007 15 TO BE HEARD AT 5:00 P.M. 38. Dinner Workshop ? Economic Development Agency Conference Room ? presentation on the Incident Command System. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM APRIL 2, 2007 R39. 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 (1) a Redevelopment Cooperation Agreement by and between the Agency and Inland Valley Development Agency (?IVDA?) and (2) a Single Family Inclusionary Housing Owner Participation Agreement (?OPA?) by and between the Agency and GFC Enterprises, LLC for the development of Lynwood Housing Development (IVDA Redevelopment Project Area). (Backup material distributed on April 2, 2007, Item No. R32.) MOTION: That the matter be continued to June 18, 2007. TO BE HEARD AT 4:30 P.M. CONTINUED FROM APRIL 16, 2007 R40. Public hearing ? recommended allocations of 2007/08 Community Development Block Grant (CDBG) Funds; Emergency Shelter Grant (ESG) Funds; HOME Funds Amending the 2006-2007 Annual Action Plan and Reprogramming of 2006/07 CDBG Funds. (New Staff Report Attached) (Backup material distributed on April 16, 2007, Item No. R38.) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2007-2008 Consolidated Annual Action Plan pertaining solely to the Emergency Shelter Grant (ESG) and HOME appropriations/categories; and authorizing the City Manager to execute any and all HUD contracts or documents as per HUD Regulations. (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino approving (1) the 2007-2008 Consolidated Annual Action Plan pertaining to Community Development Block Grant (CDBG) Funds (excluding any reference to the allocation of CDBG Funds for the Boys & Girls Club of San Bernardino); (2) an Amendment to the 2006-2007 Annual Action Plan (2005-2010 Consolidated Plan) appropriating 05/07/2007 16 $214,000 of unappropriated CDBG Program Income Funds as contained in the attached Staff Report; and (3) authorizing the City Manager to execute any and all HUD contracts or documents as per HUD Regulations. (Resolution not available at time of printing.) (Item Continued on Next Page) R40. Continued. C. Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2007-2008 Consolidated Annual Action Plan as it pertains solely to the allocation of Community Development Block Grant (CDBG) Funds to the Boys & Girls Club of San Bernardino. (Resolution not available at time of printing.) The hearing remains open . . . MOTION: That the hearing be closed; and that said resolutions A-C, be adopted. Recommended for approval at the Redevelopment Committee on April 19, 2007 ? Committee Members Present: Estrada, Johnson and Baxter R41. Resolution of the Community Development Commission of the City of San Bernardino making certain findings and determinations and granting of official consent pursuant to State of California Business & Professions Code Section 5273 regarding a certain off-site advertising sign adjacent to I-215 Freeway to Arrowhead Central Credit Union, a State chartered credit union (Central City Redevelopment Project Area). (See Attached) MOTION: That said resolution be adopted. R42. 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 (the ?Agency?) to execute the Exclusive Right to Negotiate and Redevelopment Project Study Agreement by and between the Agency and LNR San Bernardino, LLC (the ?Developer?) related to the Carousel Mall (Central City Redevelopment Project Area). (See Attached) 05/07/2007 17 MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING TO BE HEARD AT 4:30 P.M. 43. Public hearing ? Conditional Use Permit No. 06-24 (Appeal No. 07-02) ? an appeal of a Planning Commission approval of additional antennas and equipment at an existing communication tower site, with a requirement to replace the existing non-stealth monopole tower with a monopine ? project site 1093 West th 5 Street in the CH, Commercial Heavy, land use district. (See Attached) (No cost to the City.) Ward 1 Owner: Albert R. Okura 1398 N. ?E? Street` San Bernardino, CA 92405 Appellant: Royal Street Communications John Beke 547 El Encino Drive Diamond Bar, CA 91765 Request/Location: The appellant is appealing the Planning Commission?s approval of Conditional Use Permit No. 06-24 to install additional antennas on an existing 60-foot non-stealth monopole telecommunications two and additional th equipment on the ground. The subject property is located at 1093 W. 5 Street. Mayor to open the hearing . . . MOTION: That the matter be continued to May 21, 2007 at 4:30 p.m. END OF PLANNING ITEMS 44. 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 05/07/2007 18 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.) 45. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, May 21, 2007, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 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. 05/07/2007 19 Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. 05/07/2007 20