Loading...
HomeMy WebLinkAbout04-20-2009 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 20, 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 15-18.) 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: ___________________________________________ 04/20/2009 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): Frank Ingram, III, et al. v. City of San Bernardino, et al. ? United States Court of Appeals, Case No. 07-56616; Emilio Flores, et al. v. City of Highland, et al. ? San Bernardino County Superior Court, Case No. CIVSS 7000464; Kimberlyn Hearns v. City of San Bernardino ? United States District Court, Case No. CV 03-1434 SJO (SGL); Michael Lawson v. City of San Bernardino, et al. ? San Bernardino County Superior Court, Case No. CIVDS 905204. 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 Inland Communities Corp. v. City of San Bernardino (Paradise Hills) Human Potential Consultants v. City of San Bernardino Claim of Miguel Vargas-Quiroz, Elsaline Garcia and Jacqueline Quiroz 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 (Item Continued on Next Page) 04/20/2009 2 1. Continued. D. Closed Session ? personnel ? pursuant to Government Code Section 54957: Chief of Police 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: Negotiations with Firefighters G. Conference with real property negotiator ? pursuant to Government Code Section 54956.8. END OF CLOSED SESSION 04/20/2009 3 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. 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 27 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. 6. 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. 04/20/2009 4 7. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated April 15, 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 Manager 8. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between the Law Offices of Jones and Mayer, and retaining Gregory P. Palmer for hearing officer and/or administrative law officer services. (No additional funds required by this action) (Staff Report and Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Development Services 9. Resolution of the Mayor and Common Council of the City of San Bernardino adopting the California Department of Transportation Disadvantaged Business Enterprise (DBE) Implementation Agreement for Federal Financial Assistance Projects. (See Attached) (No Net Cost to the City) All Wards MOTION: That said resolution be adopted. 10. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the award of a contract to Guzman Construction for emergency repair th of sewer mains in 17 Street between ?G? Street and the alley west of ?G? th Street; and ?H? Street between the alley east of 18 Street and the alley west of th 18 Street. (See Attached) (Cost to the City - $67,800 from Sewer Maintenance Fund) Ward 2 MOTION: That said resolution be adopted; and that the Director of Development Services be authorized to execute Change Order No. One with Guzman Construction in the credit amount of $700. 11. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a lease agreement between the City of San Bernardino and Los Angeles SMSA Limited Partnership, DBA Verizon Wireless for the lease of nine hundred eighty seven (987) square feet of City owned property at Fire Station No. 228 located at 3398 Highland Avenue for a cellular tower disguised as a functional fire hose rack (APN 0285-191-05). (See Attached) (No Cost to the City) Ward 4 (Item Continued on Next Page) 04/20/2009 5 11. Continued. MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the 2008/09 adopted budget by increasing revenue Account No. 001-000-4523 by $6,100 and General Government expenditure Account No. 001-182-5505 by $1,000. 12. Resolution of the City of San Bernardino repealing Resolution No. 2008-394 and directing and authorizing the execution of a Grant Deed for the sale of City owned real property located at the northwest corner of Base Line Street and ?H? Street in the City of San Bernardino to the California Department of Transportation. (See Attached) Ward 2 MOTION: That said resolution be adopted. LAID OVER FROM APRIL 6, 2009 Economic Development Agency 13. ERAF Redevelopment Project Area Plan Amendments. (No backup material was distributed on March 16, 2009, Item No. R28; item continued to April 6, 2009, Item No. R29) 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). FINAL 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). FINAL READING 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). FINAL READING (Item Continued on Next Page) 04/20/2009 6 13. Continued. 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). FINAL 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). FINAL 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). FINAL 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). FINAL READING 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). FINAL READING (Item Continued on Next Page) 04/20/2009 7 13. Continued. 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). FINAL 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). FINAL READING MOTION: That said Ordinances A ? J be adopted. LAID OVER FROM APRIL 6, 2009 Facilities Management 14. 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. (See New Staff Report) FINAL READING (Backup material was distributed on April 6, Item No. 22) All Wards MOTION: That said ordinance be adopted. Finance 15. Resolution of the Mayor and Common Council of the City of San Bernardino adopting Red Flag Rules, Policies, and Procedures for the Identity Theft Prevention Program in accordance with the Fair and Accurate Credit Transactions Act of 2003 (FACTA). (See Attached) (No Cost to the City) (Resolution not available at time of printing.) All Wards MOTION: That the said resolution be adopted. 16. Receive and file the detail FY 2007/08 Year End Report for the Development Impact Fee Funds. (See Attached) All Wards MOTION: That the Mayor and Common Council receive and file the detail FY 2007/08 Year End Report for the Development Impact Fee Funds. 04/20/2009 8 17. Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain records by the Director of Finance. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 18. Resolution authorizing and approving the borrowing of funds for Fiscal Year 2009-2010; the issuance and sale of a 2009-2010 tax and revenue anticipation note therefor and participation in the California Communities Cash Flow Financing Program. (See Attached) (Estimated net Cost to the City - $117,800 to the General Fund FY 2009-10) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Parks, Recreation & Community Services 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Interim City Manager to execute Amendment No. 1 to the contractual agreement between the City of San Bernardino and the San Bernardino City Unified School District for shared use of the recreation facilities at the Galaxy Building and Norton Recreation Center, and exercising the one year renewal option from August 1, 2009 through July 31, 2010. (See Attached) (No Net Cost to the City) Ward 1 MOTION: That said resolution be adopted. 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Interim City Manager to execute Amendment No. 1 to the Vendor Service Agreement with Inland Empire Landscape, Inc., and an increase to Purchase Order No. 302716 for additional work related to the Broadmoor Boulevard Irrigation System Retrofit Project. (See Attached) (Cost to the City - $4,750 from the Park Construction Fund) Ward 7 MOTION: That said resolution be adopted. 21. A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Interim City Manager to execute a Vendor Service Agreement with Cliff?s Pest Control, Inc., and authorizing the Director of Finance to increase annual Purchase Order No. 209312 to Cliff?s Pest Control, Inc., and amend the adopted FY 08/09 Budget. (See Attached) (Cost to the City - $12,000 from the General Fund) All Wards MOTION: That said resolution be adopted. 04/20/2009 9 Public Services 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment to the agreement and an increase to Purchase Order Number 302330 by an additional $20,000 to Zumar Industries, Incorporated for the purchase of additional traffic signs located throughout the City of San Bernardino. (See Attached) (Cost to the City - $20,000 from FY 08-09 CIP/Residential Street Repairs) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 23. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the issuance of a purchase order in the amount of $48,266 to Nelson Paving and Grading Incorporated for completing emergency repairs to the street adjacent to the Old Waterman Canyon Bridge. (See Attached) (Cost to the City - $48,266 from the Capital Improvement Budget) Ward 4 MOTION: That said resolution be adopted. 24. Resolution of the Mayor and Common Council of the City San Bernardino authorizing the execution of an agreement and issuance of a purchase order in the amount of $150,000 to Guzman Construction Company for the removal and replacement of failed cross gutter and improvements to the wash rack at the City Yard. (See Attached) (Cost to the City - $150,000 from Refuse Fund/Pavement Rehabilitation) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the approval of a Vendor Service Agreement and issuance of a purchase order in the amount of $70,000 to Republic Intelligent Transportation Services for traffic signal preventive maintenance services. (See Attached) (Cost to the City - $70,000 from the General Fund/Professional Contractual Services) All Wards MOTION: That said resolution be adopted. 26. A resolution ratifying a Settlement Agreement and declaration of gas dispensing facility between the City of San Bernardino and the South Coast Air Quality Management District (AQMD) concerning the installation of an Enhanced Vapor Recovery System (EVR) for the City?s gasoline dispensing facility. (See Attached) (Cost to the City - $2,000 from the Fleet Services Fund) Ward 1 MOTION: That said resolution be adopted. 04/20/2009 10 Development Services 27. Determination of Public Convenience or Necessity for an Alcoholic Beverage Control Type 20 License (Off-Sale Beer & Wine) for the Target store located at 499 West Orange Show Road. (See Attached) (No Cost to the City) Ward 3 MOTION: That the Mayor and Common Council determine that the public convenience or necessity is served by the proposed license and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control to support issuance of a Type 20 ABC license for the Target store located at 499 West Orange Show Road. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Legislative Review Committee Meeting of April 7, 2009 ? Committee Members Present: Brinker, Johnson, McCammack Development Services 28. Initiation of an amendment to Section 19.06.025 (H) of the Development Code, Prohibited Uses related to Automotive Stereo Shops. (See Attached) (Cost to the City - $1,000 from the General Fund) All Wards MOTION: That the Mayor and Common Council direct Planning staff to initiate an amendment to Section 19.06.025 (H) of the Development Code related to automotive stereo shops. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. City Clerk 29. 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 rescinding Resolution 2009-76 and imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees Mayor to open the hearing . . . (Item Continued on Next Page) 04/20/2009 11 29. Continued. 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. CONTINUED FROM APRIL 6, 2009 City Manager?s Office 30. Public Hearing - Resolution establishing certain fees for services; and Ordinances regarding unauthorized signs and yard sales. (Backup material distributed on April 6, 2009, Item No. 24) (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, 96-189, 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.) 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 May 4, 2009. TO BE HEARD AT 4:00 P.M. Development Services 31. Public Hearing ? Ordinance amending Chapter 19.06 of the Development Code to permit senior/congregate care housing as a conditional use in the CG-1, Commercial General, land use district and Conditional Use Permit No. 08-28 to construct a 3-story, 90-unit senior housing complex on approximately 3.5 acres of land located at the southeast corner of Highland and Central Avenues in the CG-1, Commercial General, land use district. (See Attached) (No Cost to the City) All Wards/CUP Ward 4 (Item Continued on Next Page) 04/20/2009 12 31. Continued. An Ordinance of the City of San Bernardino amending Chapter 19.06 (Commercial Districts), Section 19.06.010 (D), Section 19.06.020, Table 06.01 (G) (7) and Section 19.06.030, Table 6.03 (S) of the San Bernardino Municipal Code (Development Code) related to Senior/Congregate Care Housing. FIRST READING Mayor to open the hearing . . . MOTION: That the hearing be closed; that said ordinance be laid over for final adoption; and that the Mayor and Common Council independently review and analyze the Initial Study and the Mitigated Negative Declaration, and find that the Mitigated Negative Declaration reflects its independent judgment, hereby adopting the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program and approve Conditional Use Permit No. 08-28 based on the Findings of Fact contained in the Planning Commission Staff Report from Valerie Ross, Development Services Director, dated February 18, 2009, subject to the Conditions of Approval and Standard Requirements (Exhibit 2). TO BE HEARD AT 4:00 P.M. Development Services 32. Public Hearing ? Resolution authorizing execution of a Sales and Purchase Agreement and a Quitclaim Deed for the sale of City Water Department property. (See Attached) (No Cost to the City) Ward 4 Resolution of the City of San Bernardino directing and authorizing the execution of a Sales and Purchase Agreement and the execution of a Quitclaim Deed for the sale of City Water Department owned parcel of real property generally located at the intersection of Foothill Drive and Sterling Avenue in the City of San Bernardino. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. END OF PUBLIC HEARINGS 04/20/2009 13 CONTINUED ITEMS CONTINUED FROM APRIL 6, 2009 Council Office 33. Council Committee Assignments. (Backup distributed on April 6, 2009, Item No. 27) MOTION: That the recommended Council Committee Assignments be approved. CONTINUED FROM APRIL 6, 2009 Development Services 34. 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). (No Cost to the City) (Backup distributed on April 6, 2009, Item No. 16) (Resolution not available at time of printing.) Wards 1 & 3 MOTION: That the matter be continued to May 4, 2009. CONTINUED FROM MARCH 16, 2009 Finance 35. Resolutions of the Mayor and Common Council authorizing a Master Lease Agreement with Bank of America; and, awarding a bid for the lease-purchase financing of 12 refuse trucks to Bank of America. (See Attached) (Backup distributed on March 16, 2009, Item No. 16) (Cost to the City - $297,751.33 Semi Annual payments starting 10/30/09 and continuing for a seven year term from the IWM Fund) All Wards A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a lease purchase master agreement with Bank of America for the furnishing of lease purchase financing. (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a bid for the lease-purchase financing of twelve (12) refuse trucks to Bank of America. (Resolution not available at time of printing.) MOTION: That said resolutions A and B, be adopted. END OF CONTINUED ITEMS 04/20/2009 14 STAFF REPORTS City Manager 36. Report from the Measure Z Oversight Committee on Uses of Measure Z Funds ? July 1, 2007 through June 30, 2008. (See Attached) All Wards MOTION: That the report from the Measure Z Oversight Committee on Uses of Measure Z funds ? July 1, 2007 through June 30, 2008, be received and filed. 37. Item deleted. Council Office 38. Resolution of the Mayor and Common Council of the City of San Bernardino rescinding its motion of February 17, 2009 by which it approved the elimination of twelve positions in the Fire Department and requiring said positions to be backfilled effective April 21, 2009. (See Attached) All Wards MOTION: That said resolution be adopted. Public Services 39. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Fairview Ford of San Bernardino pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of twenty-eight (28) 2009 Ford Crown Victoria Police Interceptors utilized by the Police Department; and award a bid for lease purchase financing to Bank of America for the purchase of twenty- eight (28) 2009 Ford Crown Victoria Police Interceptors. (See Attached) (Cost to the City - $753,875.36 from Fleet Services/Lease Payments) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM APRIL 6, 2009 R40. Joint Public Hearing - Formation of an Auto Center Property and Business Improvement District (?PBID?) (Southeast Industrial Park and IVDA Redevelopment Project Areas) (Backup distributed on April 6, 2009, Item No. R32) Ward 3 (Item Continued on Next Page) 04/20/2009 15 R40. Continued. (Community Development Commission) 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). MOTION: That the matter be tabled. TO BE HEARD AT 4:30 P.M. Recommended for approval at the Redevelopment Committee meeting on April 9, 2009 ? Committee Members Present: Johnson, Baxter, Brinker R41. Public Hearing ? Recommended allocations of FY 2009/10 Community Development Block Grant; Emergency Shelter Grant; and HOME Federal Grant Program Funds. (See Attached) All Wards Mayor and Common Council A. Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2009-2010 Consolidated Annual Action Plan pertaining solely to the HOME Program 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 2009-2010 Consolidated Annual Action Plan pertaining to Community Development Block Grant (CDBG) and Emergency Shelter Grant (ESG) funds (excluding any reference to the allocation of CDBG and ESG funds for Time For Change Foundation); (2) an amendment to the 2007-2008 Annual Action Plan (2005-2010 Consolidated Plan) appropriating $238,750 of unappropriated CDBG program income funds as contained in the attached Staff Report from Emil Marzullo, Interim Executive Director of the Economic Development Agency, dated April 13, 2009 ; 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.) C. Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2009-2010 Consolidated Annual Action Plan as it pertains solely to the allocation of Community Development Block Grant (CDBG) and Emergency Shelter Grant (ESG) Funds to Time For Change Foundation. (Resolution not available at time of printing.) MOTION: That said resolutions A ? C, be adopted. 04/20/2009 16 TO BE HEARD AT 4:30 P.M. Recommended for approval at the Redevelopment Committee meeting on April 9, 2009 ? Committee Members Present: Johnson, Baxter, Brinker R42. Joint Public Hearing ? AHEPA National Housing Corporation/AHEPA Local Arrowhead 302 Chapter ? Amendment No. 2 to the 2005 HOME Funds Loan and Grant Agreement (See Attached) Ward 2 Mayor and Common Council A. Resolution of the Mayor and Common Council of the City of San Bernardino approving an Amendment to the City?s 2005-2010 Consolidated Plan and the 2006-2007 Action Plan allocating $60,000 in Federal HOME Grant Funds to AHEPA National Housing Corporation - AHEPA Local Arrowhead 302 Chapter. 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 Amendment No. 2 to the 2005 HOME Funds Loan and Grant Agreement by and between the Agency and AHEPA National Housing Corporation - AHEPA Local Arrowhead 302 Chapter. MOTION: That said resolutions A and B, be adopted. Recommended for approval at the Redevelopment Committee meeting on April 9, 2009 ? Committee Members Present: Johnson, Baxter, Brinker R43. Targeted Employment Area Boundaries for the San Bernardino Valley Enterprise Zone. (See Attached) All Wards Mayor and Common Council Resolution of the Mayor and Common Council of the City of San Bernardino approving the proposed Targeted Employment Area Boundaries for the San Bernardino Valley Enterprise Zone (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on April 9, 2009 ? Committee Members Present: Johnson, Baxter, Brinker R44. Rosenow Spevacek Group, Inc. ? Professional Services Agreement to assist with the 5-Year Implementation Plan and 10-Year Housing Compliance Plan (See Attached) All Wards (Item Continued on Next Page) 04/20/2009 17 R44. Continued. A. 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 a Professional Services Agreement by and between the Agency and Rosenow Spevacek Group, Inc., for the preparation of the 2009-2014 5-Year Implementation Plan and the 2009- 2019 10-Year Housing Compliance Plan as required by the California Community Redevelopment Law (Excluding Uptown Redevelopment Project Area). 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 a Professional Services Agreement by and between the Agency and Rosenow Spevacek Group, Inc., for the preparation of the 2009-2014 5-Year Implementation Plan and the 2009- 2019 10-Year Housing Compliance Plan as required by the California Community Redevelopment Law (Uptown Redevelopment Project Area). MOTION: That said resolutions A and B, be adopted. Recommended for approval at the Redevelopment Committee meeting on April 9, 2009 ? Committee Members Present: Johnson, Baxter, Brinker R45. Acceptance of funding approval and Grant Agreement for the Neighborhood Stabilization Program. (See Attached) All Wards Mayor and Common Council Resolution of the Mayor and Common Council of the City of San Bernardino, California, approving the funding and Grant Agreement for the Neighborhood Stabilization Program (NSP) Funds as authorized and appropriated under the Housing and Economic Recovery Act of 2008. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING ITEMS 46. Item moved to #27 on Consent Calendar. 04/20/2009 18 CONTINUED FROM APRIL 6, 2009 Development Services 47. 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; item continued to April 6, 2009, Item No. 36.) Ward 1 Owner: Faith Temple AP Ministries 840 North Sierra Way San Bernardino, CA 92401 Appellant: Dr. Garnett Newcombe Human Potential Consultants, LLC 500 East Carson Plaza Dr. No. 127 Carson, CA 90746 The hearing was closed. MOTION: That the matter be continued to May 18, 2009 END OF PLANNING ITEMS 48. 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.) 49. 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 4, 2009, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 04/20/2009 19 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. 04/20/2009 20