HomeMy WebLinkAbout04-06-2009 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
Fred Shorett
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, APRIL 6, 2009 ? 1:30 P.M.
COUNCIL CHAMBERS
The City of San Bernardino recognizes its obligation to provide equal access to those
individuals with disabilities. Please contact the Director of Facilities Management
(384-5244) two working days prior to the meeting for any requests for reasonable
accommodation to include interpreters. (Community Development Commission Items
are on pages 12-17.)
Any writings or documents provided to a majority of the City Council/Commission
regarding any item on the agenda will be made available for public inspection at the
nd
City Clerk?s Counter at City Hall located at 300 N. ?D? Street, 2 Floor, during
normal business hours. In addition, such writings and documents will be posted on the
City?s website at www.sbcity.org.
CALL TO ORDER: ___________________________________________
PRESENT: ___________________________________________
ABSENT: ___________________________________________
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1
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):
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):
County of Santa Clara v. Driver Alliance Ins., etc. - Superior Court for
the County of Alameda - Case No. RG06278924;
The People of the State of California v. U-Store It, et al. - San
Bernardino County Superior Court, Case No. CIVSS 816400;
The People of the State of California v. City of San Bernardino/George
N. Voss, et al. ? San Bernardino County Superior Court, Case No.
CIVSS 811831;
Frank Ingram, III, et al. v. City of San Bernardino, et al. - United States
Court of Appeals, Case No. 07-56616.
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:
Glenn Baude v. City of San Bernardino
Brian Boom v. City of San Bernardino
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
Human Potential Consultants v. City of San Bernardino
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C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. California State University
D. Closed Session ? personnel ? pursuant to Government Code Section
54957:
Chief of Police
Legal Secretary I ? Section 54957(b)(1)
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:
Fire Safety Employees Unit
G. Conference with real property negotiator ? pursuant to Government Code
Section 54956.8.
END OF CLOSED SESSION
04/06/2009
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RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
Swearing-In Ceremony ? 3:00 p.m.
Swearing-in ceremony for newly-elected Council Member Fred Shorett will
begin at 3:00 p.m. in the Council Chambers, followed by a brief reception in
the lobby of City Hall.
2. Appointments.
A. Martha L. Pinckney ? Bicentennial Ad Hoc Committee (Alternate) ?
Mayor Morris. (See Attached)
MOTION: That the appointments of Martha L. Pinckney to the
Bicentennial Ad Hoc Committee, as requested by Mayor
Morris, 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
19 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.
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6. Council Minutes.
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: February 17, 2009 (Distributed 3/18/09)
February 19, 2009 (Distributed 3/18/09)
March 2, 2009 (Distributed 3/18/09)
March 9, 2009 (Distributed 3/10/09)
March 16, 2009 (Distributed 3/30/09)
March 19, 2009 (Distributed 3/30/09)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated March 12, 2009,
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 April 1, 2009, 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
9. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between Arias
& Lockwood and the City of San Bernardino for legal services in the claim of
Brian Boom v. City of San Bernardino. (See Attached)
MOTION: That said resolution be adopted.
City Clerk
10. Resolution of the Mayor and Common Council of the City of San Bernardino,
th
California, reciting the facts of the Special Municipal Election held on the 17
day of March 2009, declaring the results thereof and setting forth such other
matters as are provided by law. (See Attached) (No Cost to the City) Ward 4
MOTION: That said resolution be adopted.
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City Manager
11. Resolution of the Mayor and Common Council of the City of San Bernardino
amending Resolution 2008-390, which authorized a lease agreement by and
between the City of San Bernardino, the County of San Bernardino, and the
High Desert Partnership in Academic Excellence Foundation, Inc., for property
located at 503 East Central Avenue, San Bernardino, CA. (See Attached) (No
Cost to the City) (Resolution not available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
12. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement with the San Bernardino Municipal
Water Department for the resale of sewer capacity rights. (See Attached) (No
Cost to the City ? One Time Revenue of $238,407 to the General Fund)
(Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
Code Enforcement
13. Resolution of the City of San Bernardino authorizing the execution of a Vendor
Services Agreement and an increase to a purchase order to Brett Carlson
Construction with up to three (3) one-year extensions at the City?s option for
board-up services in the city. (See Attached) (Cost to the City - $89,139 from
the General Fund) All Wards
MOTION: That said resolution be adopted.
Development Services
14. Authorization to proceed and approval of Plan No. 12610 ? Proposed street
vacation of Romo Road, north of Sixth Street, west of Del Rosa Drive. (See
Attached) (No Cost to the City) Ward 1
MOTION: That the Director of Development Services and the City Clerk be
authorized to proceed with the proposed street vacation of Romo
Road, north of Sixth Street, west of Del Rosa; and that Plan No.
12610 be approved, showing the proposed street vacation of
Romo Road, north of Sixth Street, west of Del Rosa Drive.
15. Authorize the Director of Development Services to execute Contract Change
Order Number One with Skanska for the temporary support of Mt. Vernon
Bridge over the Burlington Northern Santa Fe (BNSF) Railroad (SS04-12). (See
Attached) (Cost to the City - $15,112.87 from ½ Cent Sales and Road Tax
Fund) Ward 1
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(Item Continued on Next Page)
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15. Continued.
MOTION: That the Director of Development Services be authorized to
execute Contract Change Order Number One with Skanska for
the temporary support of Mt. Vernon Bridge over the Burlington
Northern Santa Fe (BNSF) Railroad (SS04-12).
16. Resolution of the City of San Bernardino approving License Agreement No. 09-
37471 with the Burlington Northern Santa Fe (BNSF) railway for maintenance
of temporary shoring under the Mt. Vernon Viaduct between 2nd Street and 4th
Street (BR#54C0066). (See Attached) (No Cost to the City) (Resolution not
available at time of printing.) Wards 1 & 3
MOTION: That the matter be continued to April 20, 2009.
17. Authorization to proceed and Resolution setting a public hearing ? formation of
Underground Utility District No. 35. (See Attached) (No Cost to the City)
Ward 4
Resolution of the City of San Bernardino setting a public hearing for May 4,
2009, at 4:00 p.m. relative to the formation of Underground Utility District No.
35, generally located along portions of ?H? Street, between Kendall Drive and
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40 Street and portions of Kendall Drive, southeasterly of ?H? Street.
(Resolution not available at time of printing.)
MOTION: That the Director of Development Services and the City Clerk be
authorized to proceed with the formation of Underground Utility
District No. 35 for portions of ?H? Street, between Kendall
th
Drive and 40 Street and portions of Kendall Drive, southeasterly
of ?H? Street, pursuant to San Bernardino Municipal Code
Section 13.36; and that said resolution be adopted.
Human Resources
18. Amendments to the side letter agreements with General and Mid-Management
employees? bargaining units. (See Attached) (No Cost to the City)
A. Resolution of the City of San Bernardino approving a side letter to
Resolution No. 2005-75 for full-time, non-safety, General Unit
employees, adding language to Article III, Compensation, Section 3,
Overtime, Section 1, Salaries and Section 2, PERS.
(Item Continued on Next Page)
04/06/2009
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18. Continued.
B. Resolution of the City of San Bernardino approving a side letter to
Resolution No. 2007-343 for full-time, non-safety, Middle Management
Unit employees, adding language to Article III, Compensation, Section
6, Overtime, Section 1, Wages and Section 5, PERS.
MOTION: That said resolutions A and B, be adopted.
18A. Resolution of the City of San Bernardino approving a Memorandum of
Understanding between the City of San Bernardino and the San Bernardino
Police Management Association regarding budget concessions. (See Attached)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
18B. Resolution of the Mayor and Common Council of the City of San Bernardino
amending Resolution No. 2007-345, Section 2, B, Compensation; Section 2, H,
Uniform Allowance; Section 2, K, Overtime; Section 2, O, Deferred
Compensation; Section 2, Q, Vacation Leave; Section 2, X, Post Employment
Health Plan; adding Section 2, AA, Welfare Benefit Plan and Trust, between
the City and Management/Confidential Fire Safety Management employees.
(See Attached)
MOTION: That said resolution be adopted.
Mayor?s Office
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Transitional Services Agreement between the City
of San Bernardino and Charles E. McNeely. (See Attached) (No Net Cost to
the City) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
04/06/2009
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COMMITTEE CONSENT
Recommended for approval at the Grants Ad-Hoc Committee Meeting of
March 31, 2009 ? Committee Members Present: Baxter, Estrada, Johnson
Police
20. Resolution of the City of San Bernardino authorizing the obligation and
expenditure of the allocated FY 2009/10 Recovery Act Edward Byrne Memorial
Justice Assistance Grant (JAG) Funds and execution of a JAG Interlocal
Agreement between the City of San Bernardino and County of San Bernardino;
and authorization for the Chief of Police or his designee to apply for the COPS
Hiring Recovery Program (CHRP) to fund the restoration of up to 22 sworn
police officer positions. (See Attached) (No Cost to the City ? Grant revenue
of $1,005,287 - Justice Assistance Grant; and up to $6.7 million from the
CHRP Grant) All Wards
MOTION: That said resolution be adopted.
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager of the City of San Bernardino to execute a
Memorandum of Understanding between the City of Riverside Office of
Emergency Management and the City of San Bernardino and authorizing the
obligation and expenditure of Urban Area Security Initiative Grant Funds. (See
Attached) (No Cost to the City - $755,000 in Grant Revenues) All Wards
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
Recommended for approval at the Legislative Review Committee Meeting of
March 3, 2009 ? Committee Members Present: Brinker, McCammack
Facilities Management
22. Public Hearing ? to amend Municipal Code regarding prohibiting parking of
motor trucks in the residence district. (See Attached) (No Cost to the City ?
Additional Revenue of $18,000 annually) All Wards
Ordinance of the City of San Bernardino amending Section 10.16.120 of the San
Bernardino Municipal Code relating to prohibiting parking of motor trucks in
the residence district. FIRST READING
(Item Continued on Next Page)
04/06/2009
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22. Continued.
Mayor/Chairman to open the hearing . . .
MOTION: That the hearing be closed; and that said ordinance be laid over
for final adoption.
TO BE HEARD AT 4:00 P.M.
City Clerk
23. Public Hearing ? Resolution imposing liens for uncollected business registration
fees. (See Attached) (No Cost to the City) All Wards
Resolution of the City of San Bernardino imposing liens on certain parcels of
real property located within the City of San Bernardino for uncollected business
registration fees.
Mayor/Chairman to open the hearing . . .
MOTION: That the hearing be closed; that the City Clerk be directed to
administratively remove any properties from Exhibit A which
have been paid prior to the hearing; and that said resolution be
adopted.
TO BE HEARD AT 4:00 P.M.
City Manager?s Office
24. Resolution establishing certain fees for services; and Ordinances regarding
unauthorized signs and yard sales. (See Attached) (No Cost to the City ? Net
Additional Revenue of approximately $770,000 in FY 2009-2010) All Wards
A. Resolution of the City of San Bernardino establishing certain fees for
services furnished by the City of San Bernardino, amending Resolution
Nos. 89-471 and 91-148, and repealing Resolution Nos. 85-480, 88-405,
96-169, 2000-283, 2008-149, 2008-177, and 2008-315. (Resolution not
available at time of printing.)
B. An Ordinance of the Mayor and Common Council of the City of San
Bernardino, California adding Chapter 16.18 of the San Bernardino
Municipal Code regarding unauthorized signs on public property.
FIRST READING (Ordinance not available at time of printing.)
(Item Continued on Next Page)
04/06/2009
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24. Continued.
C. An Ordinance of the Mayor and Common Council of the City of San
Bernardino, California repealing and replacing Chapter 5.68 of the San
Bernardino Municipal Code regarding yard sales. FIRST READING
(Ordinance not available at time of printing.)
MOTION: That the matter be continued to April 20, 2009.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM MARCH 16, 2009
Human Resources
25. Resolution of the Mayor and Common Council of the City of San Bernardino
approving a side letter to Resolution No. 2005-66 for full-time, fire safety
employees, adding language in Article IV, Fringe Benefits: Section 1,
Health/Related Insurance; Section 4, Deferred Compensation; Section 7,
Vacation and Holiday Sell-Back; Section 8, Welfare Benefit Trust; and Article
V, Leave Provisions: Section 1, Vacation; adding Section 7, Fire Leave; and
Article VII, General Provisions, Section 2, Term of Memorandum of
Understanding (MOU). (No Cost to the City ? Approximately $1,000,000
Savings over 16 Months) (Backup distributed on March 2, 2009, Item No.
15; item continued to March 16, 2009, Item No. 26.)
MOTION: That the matter be tabled.
CONTINUED FROM MARCH 16, 2009
Council Office
26. Municipal Code Section 2.01.010 Mayor Pro-Tempore ? Election of Mayor
Pro-Tempore. (Backup distributed on March 16, 2009, Item No. 27.)
MOTION: That the Common Council elect a Council member to serve as
Mayor Pro-Tempore until March 15, 2010.
END OF CONTINUED ITEMS
STAFF REPORTS
Council Office
27. Council Committee Assignments. (See Attached)
MOTION: That the recommended Council Committee Assignments be
approved.
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28. Receive and file - Report from National League of Cities - Washington, D.C. ?
Council Member Kelley. (See Attached)
MOTION: That the report from the National League of Cities be received
and filed.
28A. Resolution of the Mayor and Common Council of the City of San Bernardino
designating the week of May 10, 2009 as ?Blue Ribbon Week.? (See Attached)
MOTION: That said resolution be adopted.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
TO BE HEARD AT 4:30 P.M.
CONTINUED FROM MARCH 16, 2009
Recommended for approval at the Redevelopment Committee Meeting on
January 22, 2009 ? Committee Members Present: Johnson, Baxter, Brinker
R29. Public Hearing ? ERAF Redevelopment Project Area Plan Amendments. (See
Attached) (No backup distributed on March 16, 2009, Item No. R28.)
Wards 1, 2, 3, 5, 6, & 7
(Mayor and Common Council)
A. Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the State College Redevelopment Plan; Extending the
time limit for payment of indebtedness and receipt of property taxes
under the redevelopment plan for the State College Redevelopment
Project Area; and making other findings in connection therewith (State
College Redevelopment Project Area). FIRST READING
B. Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the Central City North Redevelopment Plan; Extending
the time limit for payment of indebtedness and receipt of property taxes
under the redevelopment plan for the Central City North Redevelopment
Project Area; and making other findings in connection therewith (Central
City North Redevelopment Project Area). FIRST READING
(Item Continued on Next Page)
04/06/2009
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R29. Continued.
C. Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the Central City West Redevelopment Plan; Extending
the time limit for payment of indebtedness and receipt of property taxes
under the redevelopment plan for the Central City West Redevelopment
Project Area; and making other findings in connection therewith (Central
City West Redevelopment Project Area). FIRST READING
D. Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the Southeast Industrial Park Redevelopment Plan;
Extending the time limit for payment of indebtedness and receipt of
property taxes under the redevelopment plan for the Southeast Industrial
Park Redevelopment Project Area; and making other findings in
connection therewith (Southeast Industrial Park Redevelopment Project
Area). FIRST READING
E. Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the Northwest Redevelopment Plan; Extending the time
limit for payment of indebtedness and receipt of property taxes under the
redevelopment plan for the Northwest Redevelopment Project Area; and
making other findings in connection therewith (Northwest
Redevelopment Project Area). FIRST READING
F. Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the Tri City Redevelopment Plan; Extending the time
limit for payment of indebtedness and receipt of property taxes under the
redevelopment plan for the Tri City Redevelopment Project Area; and
making other findings in connection therewith (Tri City Redevelopment
Project Area). FIRST READING
G. Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the South Valle Redevelopment Plan; Extending the time
limit for payment of indebtedness and receipt of property taxes under the
redevelopment plan for the South Valle Redevelopment Project Area;
and making other findings in connection therewith (South Valle
Redevelopment Project Area). FIRST READING
(Item Continued on Next Page)
04/06/2009
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R29. Continued.
H. Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the Meadowbrook/Central City Redevelopment Plan;
Extending the time limit for payment of indebtedness and receipt of
property taxes under the redevelopment plan for the
Meadowbrook/Central City Redevelopment Project Area; and making
other findings in connection therewith (Meadowbrook/Central City
Redevelopment Project Area). FIRST READING
I. Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the Central City South Redevelopment Plan; Extending
the time limit for payment of indebtedness and receipt of property taxes
under the redevelopment plan for the Central City South Redevelopment
Project Area; and making other findings in connection therewith (Central
City South Redevelopment Project Area). FIRST READING
J. Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the Central City East Redevelopment Plan; Extending
the time limit for payment of indebtedness and receipt of property taxes
under the redevelopment plan for the Central City East Redevelopment
Project Area; and making other findings in connection therewith (Central
City East Redevelopment Project Area). FIRST READING
The hearing remains open . . .
MOTION: That said Ordinances A ? J, be laid over for final
adoption.
TO BE HEARD AT 4:30 P.M.
Recommended for approval at the Redevelopment Committee on February
19, 2009 - Committee Members Present: Johnson, Baxter, Brinker
R30. Joint Public Hearing - TELACU Housing ? San Bernardino V, Inc., Disposition
and Development Grant Agreement (TELACU Senior Housing V ? Central
City North Redevelopment Project Area) (Staff Report not available at time
of printing.) Ward 1
(Item Continued on Next Page)
04/06/2009
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R30. Continued.
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino consenting to the disposition of the Redevelopment Agency
of the City of San Bernardino?s Properties located on the northwest
th
corner of ?G? and 4 Streets (APNs: 0134-093-019, 20 and a portion of
45) to TELACU Housing - San Bernardino V, Inc. for the development
of 75-Unit Affordable Senior Citizen Rental Housing (Central City North
Redevelopment Project Area). (Resolution not available at time of
printing.)
(Community Development Commission)
B. Resolution of the Community Development Commission of the City of
San Bernardino approving and authorizing the Interim Executive
Director of the Redevelopment Agency of the City of San Bernardino
(?Agency?) to execute the 2009 Affordable Senior Citizen Rental
Housing Low and Moderate Income Housing Funds Grant Disposition
and Development Agreement by and between the Agency and TELACU
Housing - San Bernardino V, Inc. (Affordable Senior Citizen Rental
Housing Development ? Central City North Redevelopment Project
Area). (Resolution not available at time of printing.)
Mayor/Chairman to open the hearing . . .
MOTION: That the matter be continued to April 20, 2009.
TO BE HEARD AT 4:30 P.M.
R31. Public Hearing ? Maya Cinemas North America, LLC - HUD Application for a
Section 108 Loan Guarantee (Central City North Redevelopment Project Area)
(See Attached) Ward 1
Resolution of the Mayor and Common Council of the City of San Bernardino
approving and authorizing 1) the submittal of the Section 108 Loan Guarantee
Application for Maya Cinemas North America, Inc. to the U.S. Department of
Housing and Urban Development and 2) the Mayor to execute such documents
as may be required to submit and implement the Application (Maya Theater
Project) (Central City North Redevelopment Project Area).
Mayor/Chairman to open hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
04/06/2009
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TO BE HEARD AT 4:30 P.M.
R32. Joint Public Hearing - Formation of an Auto Center Property and Business
Improvement District (?PBID?) (Southeast Industrial Park and IVDA
Redevelopment Project Areas) (See Attached) Ward 3
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino approving the formation of an Auto Center Property and
Business Improvement District (?District?), fixing boundaries thereof
and providing the levy of assessments and taking other actions in
connection therewith (Southeast Industrial Park and IVDA
Redevelopment Project Areas). (Resolution not available at time of
printing.)
(Community Development Commission)
B. Resolution of the Community Development Commission of the City of
San Bernardino approving and authorizing funding equal to $1,218,372
pursuant to the formation of the Auto Center Property and Business
Improvement District (?District?) and funding the operations and
activities of the district (Southeast Industrial Park and IVDA
Redevelopment Project Areas).
Mayor/Chairman to open the hearing . . .
MOTION: That the hearing be closed; and that said resolutions A and
B, be adopted.
CONTINUED FROM MARCH 16, 2009
Recommended for approval at the Redevelopment Committee Meeting on
January 22, 2009 ? Committee Members Present: Johnson, Baxter, Brinker
R33. Master Cooperative Agreement for the sbX Bus Rapid Transit Project by
Omnitrans (Backup distributed on February 17, 2009, Item No. R19;
Resolution B distributed on March 2, 2009; Item No. R28; item continued
to March 16, 2009, Item No. R29.) Wards 1, 2, 3, 5, & 7
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino approving and authorizing the Interim City Manager to
execute a Master Cooperative Agreement by and between the City and
Omnitrans (sbX Bus Rapid Transit Project). (Resolution not available
at time of printing.)
(Item Continued on Next Page)
04/06/2009
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R33. Continued.
(Community Development Commission)
B. Resolution of the Community Development Commission of the City of
San Bernardino approving and authorizing the Interim Executive
Director of the Redevelopment Agency of the City of San Bernardino to
execute a Master Cooperative Agreement by and between the Agency
and Omnitrans (sbX Bus Rapid Transit Project).
MOTION: That the matter be tabled.
R34. Authorization of payments from HOME Funds for an agreement of the City of
San Bernardino with The Planning Center for consultant services to update the
General Plan Housing Element (See Attached) All Wards
(Mayor and Common Council)
Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the payment of certain contract amounts through the Redevelopment
Agency of the City of San Bernardino from HOME Funds.
MOTION 1: That said resolution be adopted.
MOTION 2: That the Community Development Commission of the City of
San Bernardino concur in the actions taken by the Mayor and
Common Council of the City of San Bernardino ratifying prior
payments and authorizing the payment of contract amounts to The
Planning Center to be made by the Interim Executive Director of
the Agency from HOME Funds as administered by the
Redevelopment Agency of the City of San Bernardino.
Presented to the Redevelopment Committee on March 5, 2009 - Committee
Members Present: Johnson, Baxter, Brinker
R35. Update and Presentation on the San Bernardino Downtown Core Vision/Action
Plan by EDAW, Inc. (See Attached) Ward 1
MOTION: That the Community Development Commission of the City of
San Bernardino receive and file the Presentation/Report by
EDAW, Inc.
END OF COMMUNITY DEVELOPMENT COMMISSION
04/06/2009
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PLANNING ITEMS
TO BE HEARD AT 4:30 P.M.
CONTINUED FROM MARCH 16, 2009
Development Services
36. Appeal Hearing - Conditional Use Permit No. 08-21 (Appeal No. 08-07) ?
Appeal of the Planning Commission?s denial of a Conditional Use Permit to
convert an existing 6,747 square foot church building into a 56-bed homeless
shelter with related support facilities and office space located at 840 North
Sierra Way in the RM, Residential Medium, land use district. (Backup
distributed on March 16, 2009, Item No. 24.) Ward 1
Owner: Faith Temple AP Ministries
840 North Sierra Way
San Bernardino, CA 92401
Appellant: Garnett Newcombe
Human Potential Consultants, LLC
500 East Carson Plaza Dr. No. 127
Carson, CA 90746
The hearing remains open . . .
MOTION #1: That the hearing be closed; and that the Mayor and Common
Council deny Appeal No. 08-07 and uphold the Planning
Commission?s denial of Conditional Use Permit No. 08-21, based
on the recommended Findings of Fact;
OR
MOTION#2: That the hearing be closed; and that the Mayor and Common
Council grant Appeal No. 08-07, declare an intent to approve
Conditional Use Permit No. 08-21, and continue the matter to
April 20, 2009, to consider Findings of Fact and Conditions of
Approval.
TO BE HEARD AT 4:30 P.M.
Development Services
37. Public Hearing and Resolution ordering vacation of a portion of Kendall Drive
(formerly State Highway 206) east of ?H? Street (See Attached) (No Cost to
the City) Ward 4
Resolution of the City of San Bernardino ordering the vacation of a portion of
Kendall Drive (Formerly State Highway 206) east of ?H? Street and reserving
an access and landscape easement for the Castaway Restaurant.
(Item Continued on Next Page)
04/06/2009
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37. Continued.
Mayor/Chairman to open the hearing . . .
MOTION: That the hearing be closed and the Findings of Fact, as set forth
in the staff report dated February 25, 2009, from Valerie Ross,
Director of Development Services, as to why the portion of
Kendall Drive (formerly State Highway 206) east of ?H? Street is
no longer necessary for public street purposes be adopted; and
that said resolution be adopted.
END OF PLANNING ITEMS
38. 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.)
39. 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., April 20, 2009, in the Council Chambers of City Hall, 300
North ?D? Street, San Bernardino, California.
04/06/2009
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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.
04/06/2009
21