HomeMy WebLinkAbout08-17-2009 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
AND THE
JOINT POWERS FINANCING AUTHORITY
OF THE CITY OF SAN BERNARDINO
MONDAY, AUGUST 17, 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 13-15.)
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 subject to staff?s ability to post the documents before
the meetings.
CALL TO ORDER: ___________________________________________
PRESENT: ___________________________________________
ABSENT: ___________________________________________
08/17/2009
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):
Alicia Garcia & Joseph Rodriguez v. City of San Bernardino, et al. ?
United Status District Court of California, CV 09-04306 DDP (JCx);
Richard ?Scott? Moss, et al. v. City of San Bernardino, et al. ? United
States District Court, Central District of California, EDCV 07-01027
SGL (Opx);
San Bernardino City Professional Firefighters, Local 891 v. City of San
Bernardino, et al. ? San Bernardino County Superior Court, Case No.
CIVSS 807685;
Brady Armstrong v. Garrett Zimmon, et al. ? San Bernardino Superior
Court, Case No. CIVDS 906212.
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:
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
Human Potential Consultants, LLC v. City of San Bernardino
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
08/17/2009
2
D. Closed Session ? personnel ? pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public?s right of access to
public services or public facilities ? pursuant to Government Code
Section 54957.
F. Conference with labor negotiator ? pursuant to Government Code
Section 54957.6.
G. Conference with real property negotiator ? pursuant to Government Code
Section 54956.8:
San Bernardino Joint Powers Financing Authority
Property Address: 120 S. ?D? Street, San Bernardino
APN: 0136-122-60
Agency Negotiator: Emil A. Murzullo, Interim Executive
Director of the Redevelopment
Agency, on behalf of the Joint
Powers Financing Authority
Negotiating Parties: Tim J. Burgess
Under Negotiation: Terms of Payment
END OF CLOSED SESSION
08/17/2009
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 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
23 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. 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: July 6, 2009 (Distributed 8/12/09)
08/17/2009
4
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated July 29, 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 August 13, 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.
8A. Resolution of the Mayor and Common Council of the City of San Bernardino to
authorize execution of an Employment Agreement with the newly appointed
Assistant City Manager to commence September 1, 2009. (Staff Report and
Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
LAID OVER FROM AUGUST 3, 2009
City Attorney
9. An Ordinance of the City of San Bernardino adding San Bernardino Municipal
Code Chapter 17.06, relating to the City of San Bernardino Water Wise
Landscape Program. FINAL READING (Backup material distributed on
August 3, 2009, Item No. 22.)
MOTION: That said ordinance be adopted.
City Clerk
10. Designation of voting delegate and alternate voting delegate for the League of
California Cities Annual Conference to be held September 16?18, 2009 in San
Jose, California. (See Attached) (No Cost to the City)
MOTION: That Council Member Brinker be designated as the City of San
Bernardino?s voting delegate and City Manager Charles McNeely
be designated as the alternate voting delegate for the League of
California Cities Annual Conference to be held September 16?18,
2009 in San Jose, California.
08/17/2009
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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 two-way stop at the intersections of
Thirty-fifth Street and Mayfield Avenue. (See Attached) (Cost to the City -
$500 from the General Fund/Street Maintenance) Ward 7
MOTION: That said resolution be adopted.
12. Resolution of the City of San Bernardino amending Resolution No. 3985
entitled, in part, ?A Resolution?prohibiting parking upon certain designated
streets, alleys, or portions thereof?? to establish a no parking except by permit
at any time zone on Ash Street between Valles Drive and seven hundred feet
west of Northpark Boulevard, Ginkgo Street between Valles Drive and the end
of Ginkgo Street east of Valles Drive, Sycamore Street between Live Oak Street
and the end of Sycamore Street west of Valles Drive and Valles Drive between
Campus Parkway and the end of Valles Drive approximately twelve-hundred
feet south of Ash Street. (See Attached) (Cost to the City - $8,000 from the
General Fund/Street Maintenance) Ward 5
MOTION: That said resolution be adopted.
13. Resolutions authorizing the execution of a Trust Indenture, Lease-Purchase
Agreement, Deed of Trust, and Promissory Note relative to the purchase of
property located at 120 S. ?D? Street for a Fire Department Maintenance
Facility. (See Attached) (Cost to the City - $400,000 Down Payment/$60,000
annual payments for 5 years; $1.2 million after 5 years, or $100,000 and
extension of annual payments for an additional 5 years) Ward 1
A. Resolution of the San Bernardino Joint Powers Financing Authority
authorizing and directing the execution of a Promissory Note; a Trust
Indenture; a Deed of Trust; and a Lease-Purchase Agreement relative to
property located at 120 South ?D? Street, San Bernardino, for a City
Fire Department Maintenance Facility.
B. Resolution of the City of San Bernardino authorizing and directing the
execution of a Lease with right of Purchase Agreement between the San
Bernardino Joint Powers Authority and the City, relative to property
located at 120 South ?D? Street, San Bernardino, for a City Fire
Department Maintenance Facility.
MOTION: That said resolutions A and B, be adopted.
08/17/2009
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14. Item deleted.
Finance
15. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of Amendment No. 1 to the agreement for auditing
services by and between the City of San Bernardino and Rogers Anderson
Malody and Scott L.L.P. for the provision of financial auditing services. (See
Attached) (Cost to the City - $54,300 from the General Fund/General
Government) All Wards
MOTION: That said resolution be adopted.
Fire
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and issuance of an annual purchase
order to Fire Recovery USA to provide billing services for hazardous spills
resulting from traffic collisions. (See Attached) (Cost to the City ? $84,440
from the General Fund/Other Professional Services) All Wards
MOTION: That the matter be continued to September 8, 2009.
17. 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
Allstar Fire Equipment in the amount of $34,489.25 for the new generation fire
shelters. (See Attached) (Cost to the City - $34,489.25 from Grant Funding
Federal & State Program ? 2008 Assistance to Firefighters Grant)
All Wards
MOTION: That said resolution be adopted.
Parks, Recreation and Community Services
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a lease agreement with the County of
San Bernardino for the lease of a portion of the Delmann Heights Community
Center to be used for the Head Start Program. (See Attached) (No Cost to the
City ? Lease revenue in the amount of $22,860 for the first year of term ?
September 1, 2009 through August 31, 2010 - $23,544 for the second year,
and an estimated utilities reimbursement amount of $13,860 per year)
Ward 6
(Item Continued on Next Page)
08/17/2009
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18. Continued.
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to include in the FY 2009/10 Budget increased
revenue reimbursement in the amount of $36,720 ($22,860 in
rental revenue and $13,860 in estimated utilities reimbursement)
in Account No. 001-000-4901.
Public Services
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the sale of sewer unit number 548 in the amount of $1.00 to the City
of San Bernardino Water Department. (See Attached) (No Net Cost to the City
? Additional Revenue to the Sewer Division of $1) All Wards
MOTION: That said resolution be adopted.
20. 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 in
the amount of $238,000 with three (3) one-year extensions at the City?s option
to Rehrig Pacific Company for the purchase of automated carts for residential
refuse services. (See Attached) (Cost to the City - $238,000 from
Refuse/Small Tools and Equipment) All Wards
MOTION: That said resolution be adopted.
21. 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 in
the amount of $27,909.48 to Fairview Ford for the purchase of a 2010
15-passenger Econoline Van to be utilized by the Parks, Recreation and
Community Services Department. (See Attached) (No Cost to the City -
$27,909.48 from Donation by the San Manuel Band of Mission
Indians/Recoverable Expense Fund) All Wards
MOTION: That said resolution be adopted.
22. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and issuance of an annual purchase
order in the amount of $116,000 with three (3) one-year extensions at the City?s
option to Fairview Ford Sales Incorporated of San Bernardino for specific Ford
parts and supplies to support the City?s light and heavy vehicle fleet. (See
Attached) (Cost to the City - $116,000; $110,000 from Fleet
Services/Materials & Supplies and $6,000 from Fleet Services/Outside
Vehicle Maintenance) All Wards
(Item Continued on Next Page)
08/17/2009
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22. Continued.
MOTION: That said resolution be adopted.
Police
23. Resolution of the City of San Bernardino authorizing the purchase of a Digital
Image Management System upgrade for the San Bernardino Police Department
from Linear Systems of Rancho Cucamonga, California. (See Attached) (Cost
to the City - $59,501.15 from COPS 2007 Technology Grant/Professional
Contract Services) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Grants Ad Hoc Committee meeting of
July 30, 2009 ? Committee Members Present: Baxter, Estrada, Shorett
Police
24. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of a seatbelt mini-grant application by the Police
Department to the California Office of Traffic Safety/UC Berkeley Traffic
Safety in the amount of $118,842.84, and authorizing the Police Department to
administer the grant funds, if awarded, in accordance with the grant expenditure
plan. (See Attached) (No Cost to the City - $118,842.84 in Grant Revenue, if
awarded) All Wards
MOTION: That said resolution be adopted.
Recommended for approval at the Grants Ad Hoc Committee meeting of
July 30, 2009 ? Committee Members Present: Baxter, Estrada, Shorett
Police
25. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Police Department to accept, if awarded, a Driving Under the
Influence (DUI) mini grant from the State of California Office of Traffic Safety
in the amount of $15,507.06. (See Attached) (No Cost to the City - $15,507.06
from OTS Mini-Grant) All Wards
MOTION: That said resolution be adopted.
08/17/2009
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Recommended for approval at the Ways & Means Committee meeting of
August 5, 2009 ? Committee Members Present: Kelley, Baxter, Brinker
City Manager
26. Request for fee waiver ? Rockabilly 66 car show ? September 19, 2009 at
Nunez Park. (See Attached) (Cost to the City - $6,090: $3,457 in-kind
services and $2,633 in civic and promotion funding) Ward 1
MOTION: That the request for a waiver of fees from Sigma Beta Xi, Inc., in
connection with Wyatt?s Paint and Body, for personnel and
equipment costs in the amount of $6,090 associated with the
conduct of their 2009 Rockabilly 66 car show, to be held at
Nunez Park on September 19, 2009, be approved; and that the
actual costs to the Parks and Police departments in the amount of
$2,633 be transferred from the Civic and Promotion Fund into
their departmental budgets.
Recommended for approval at the Ways & Means Committee meeting of
August 5, 2009 ? Committee Members Present: Kelley, Baxter, Brinker
Police
27. Approval of the Police operated Impound Facility as outlined in the attached
Business Plan (See Attached) (No Cost to the City - $483,400 Savings to the
General Fund for FY 09/10) All Wards
MOTION: That the Police operated facility be approved as outlined in the
attached Business Plan (Attachment B); and that staff be directed
to prepare and bring back to council for approval the necessary
documentation to implement the program as outlined in the
Business Plan.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
TO BE HEARD AT 4:30 P.M.
CONTINUED FROM AUGUST 3, 2009
Development Services
28. Public Hearing ? An Ordinance adding Area 6 to the areas designated within the
Emergency Shelter Overlay District as provided in Development Code Section
19.10-E.020. (See New Request for Council Action) (Backup distributed on
July 20, 2009, Item No. 22; item continued to August 3, 2009, Item No. 26.)
All Wards
(Item Continued on Next Page)
08/17/2009
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28. Continued.
An Ordinance of the City of San Bernardino amending San Bernardino
Municipal Code (Development Code) Section 19.08.020, Table 08.01,
modifying the land use districts overlain by the Emergency Shelter Overlay
District and adding Area 6 to the areas designated within the Emergency Shelter
Overlay District as provided in Development Code Section 19.10-E.020. FIRST
READING (Ordinance not available at time of printing.)
The hearing remains open?
MOTION: That the hearing be closed; and that the matter be referred to the
Planning Commission for consideration.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM AUGUST 3, 2009
City Manager
29. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a Master Services Agreement by and
between the Inland Valley Development Agency and the City of San Bernardino
for provision of City services for Fiscal Year 2009/2010. (Backup material
distributed on August 3, 2009, Item No. 9.) (No Net Cost to the City -
$162,790 in Revenue) Ward 1
MOTION: That said resolution be adopted.
CONTINUED FROM AUGUST 3, 2009
Development Services
30. 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; item continued to April 20, 2009, Item No. 34; item
continued to May 4, 2009, Item No. 27; item continued to May 18, 2009,
Item No. 22; item continued to June 1, 2009, Item No. 26; item continued to
June 15, 2009, Item No. 40; item continued to July 6, 2009, Item No. 51;
item continued to July 20, 2009, Item No. 23; item continued to August 3,
2009, Item No. 30.) (Resolution not available at time of printing.)
Wards 1 & 3
MOTION: That the matter be continued to September 8, 2009.
08/17/2009
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CONTINUED FROM AUGUST 3, 2009
Development Services
31. Resolution of the City of San Bernardino authorizing and directing the execution
of a Grant of Easement to Southern California Edison across City owned
property located on the northeast corner of Palm Avenue and Irvington Avenue,
known as Tom Minor Park (APN 0261-691-48) (No Cost to the City) (Backup
distributed on June 15, 2009, Item No. 15; item continued to July 6, 2009,
Item No. 52; item continued to August 3, 2009, Item No. 28.) (Resolution
not available at time of printing.) Ward 5
MOTION: That the matter be continued to September 8, 2009.
CONTINUED FROM AUGUST 3, 2009
Fire
32. Resolution of the City of San Bernardino amending the City?s Master Fee
Schedule, Resolution 2009-122, to reflect the new hazardous material spill fee.
(Backup material distributed on August 3, 2009, Item No. 15.) (No Net Cost
to the City) All Wards
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
STAFF REPORTS
Finance
33. Budget Adoption Fiscal Year 2009-2010 (See Attached) All Wards
A. Resolution of the Mayor and Common Council approving and adopting
the City of San Bernardino?s Final Budget for FY 2009-2010; and
establishing the City?s appropriation limit as required by Article XIII B
of the California State Constitution; and authorizing the transfer to the
General Fund of Administrative Civil Penalties revenues collected
pursuant to San Bernardino Municipal Code Chapter 9.93 for violations
of the San Bernardino Municipal Code and held in trust; and repealing
Resolution 2008-116. (Resolution not available at time of printing.)
B. Resolution of the Mayor and Common Council of the City of San
Bernardino, California, authorizing the City of San Bernardino to
establish 2009-2010 expenditures for the month of September, 2009
only, at one-twelfth the actual levels contained in the adopted budget for
2008-2009 fiscal year, or as needed to pay the authorized costs incurred
for the month of September, 2009 only, pending final approval of the
2009-2010 budget. (Resolution not available at time of printing.)
(Item Continued on Next Page)
08/17/2009
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33. Continued.
MOTION 1: That said resolution A be adopted.
OR
MOTION 2: That said resolution B be adopted.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
CONTINUED FROM AUGUST 3, 2009
R34. Waterman Holdings, LLC ? Approve Defense, Indemnification and Hold
Harmless Agreement and Easement, Maintenance and Operation Agreement
(Central City East Redevelopment Project Area) (Backup material distributed
on August 3, 2009, Item No. R36.) Ward 1
Mayor and Common Council
A. Resolution of the Mayor and Common Council of the City of San
Bernardino approving a Defense, Indemnification and Hold Harmless
Agreement between the City of San Bernardino and Waterman Holdings,
th
LLC, concerning real property (4 Street and Waterman Avenue ? APN:
0135-191-17) (Central City East Redevelopment Project Area).
B. Resolution of the Mayor and Common Council of the City of San
Bernardino approving an Easement, Maintenance and Operation
Agreement between the City of San Bernardino and Waterman Holdings,
th
LLC, concerning real property (4 Street and Waterman Avenue ? APN:
0135-191-17) (Central City East Redevelopment Project Area).
MOTION: That the matter be continued to September 8, 2009.
Forwarded for consideration at the Redevelopment Committee meeting of
August 6, 2009 ? Committee Members Present: Johnson, Baxter, Brinker
R35. Purchase of new trade and exhibition booth for use by the City of San
Bernardino, the Redevelopment Agency of the City of San Bernardino
(?Agency?), the City of San Bernardino Convention and Visitors Bureau and the
Inland Empire Media Group (CATV3) (See Attached) All Wards
MOTION: That the Community Development Commission authorize the
Interim Executive Director of the Agency to expend an amount
not to exceed $33,000 with Solutions Rendered, LLC, for the
purchase of a new trade and display booth.
08/17/2009
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Forwarded for consideration at the Redevelopment Committee meeting of
August 6, 2009 ? Committee Members Present: Johnson, Baxter, Brinker
R36. Pacific Heritage, Inc., Professional Services Agreement for Construction
Management Services (See Attached) All Wards
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 Pacific
Heritage, Inc., for professional design and project management services (IVDA
Redevelopment Project Area).
MOTION: That said resolution be adopted.
R37. Budget Adoption Fiscal Year 2009-2010/Loan Agreement with the City (See
Attached) All Wards
Mayor and Common Council
A. Resolution of the Mayor and Common Council of the City of San
Bernardino, California, authorizing the funding of various City of San
Bernardino Fiscal Year 2009-2010 Public Improvement Expenditures
and making findings and determinations as to the benefit to the various
Redevelopment Project Areas for undertaking public improvements in
connection with various City expenditures and approving other
expenditures of Agency funds and approving a certain Loan Agreement
with the Redevelopment Agency of the City of San Bernardino.
(Resolution not available at time of printing.)
Community Development Commission
B. Resolution of the Community Development Commission of the City of
San Bernardino, California, approving the Economic Development
Agency?s budget for the Fiscal Year 2009-2010 with any such
amendments, changes and modifications that may be specifically
authorized by said Commission, except for those portions of certain
budget lines which are related to the Uptown Redevelopment Project
Area.
(Item Continued on Next Page)
08/17/2009
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R37. Continued.
C. Resolution of the Community Development Commission of the City of
San Bernardino, California, approving the Economic Development
Agency?s budget for those portions of certain budget lines which are
related to the Uptown Redevelopment Project Area for the Fiscal Year
2009-2010 with any such amendments, changes and modifications that
may be specifically authorized by said Commission.
D. Resolution of the Community Development Commission of the City of
San Bernardino, California, authorizing the funding of various City of
San Bernardino Fiscal Year 2009-2010 Public Improvement
Expenditures and making findings and determinations as to the benefit to
the various Redevelopment Project Areas for undertaking public
improvements in connection with these various City expenditures and
approving certain other expenditures and approving a certain Loan
Agreement with the City of San Bernardino.
E. Resolution of the Community Development Commission of the City of
San Bernardino, California, approving amendments to Exhibits ?A? and
?B?, deletion of Exhibits ?C-64? through ?C-66? and Exhibits ?C-87?
through ?C-89?, and addition of Exhibits ?C-93? through ?C-114? of
the Personnel Policies and Procedures for all employees of the City of
San Bernardino Economic Development Agency.
F. Resolution of the Community Development Commission of the City of
San Bernardino, California, approving the Economic Development
Agency?s (?Agency?) analysis and determination of the appropriateness
of the planning and administration expenditures of the Low- and
Moderate-Income Housing Fund for the Fiscal Year 2009-2010 Agency
Budget.
MOTION: That said resolutions A-F, be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
08/17/2009
15
PLANNING ITEMS
TO BE HEARD AT 4:30 P.M.
CONTINUED FROM AUGUST 3, 2009
Development Services
38. 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; item continued to April 20, 2009, Item No. 47; item
continued to May 18, 2009, Item No. 28; item continued to June 1, 2009,
Item No. 38; item continued to June 15, 2009, Item No. 46; item continued
to July 6, 2009, Item No. 64; item continued to July 20, 2009, Item No. 29;
item continued to August 3, 2009, Item No. 39.) 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 September 21, 2009.
TO BE HEARD AT 4:30 P.M.
CONTINUED FROM AUGUST 3, 2009
Development Services
39. Public Hearing - Request for reconsideration of the denial of Conditional Use
Permit (CUP) No. 07-04 to establish a gas station, car wash, mini-mart with
Type 20 Alcoholic Beverage Control (ABC) license, 2 drive-thru restaurants and
Tentative Parcel Map (TPM) No. 19162 to create 3 parcels on 2.1 acres at the
northeast corner of Inland Center Drive and "I" Street and Development Code
Amendment (DCA) No. 08-02, an ordinance to revise location standards for
convenience stores and ABC licenses. (See Staff Report Attached) (No Cost to
the City) (No backup material distributed on August 3, 2009, Item No. 40.)
Ward 3 (Citywide DCA)
(Item Continued on Next Page)
08/17/2009
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39. Continued.
An Ordinance of the City of San Bernardino amending Chapter 19.06,
Commercial Districts, Section 19.06.030(2)(F)(4) of the San Bernardino
Municipal Code (Development Code) related to location criteria for convenience
stores. FIRST READING
Owner/Applicant: Inland Center Drive Service Station, L.P.
c/o: Jack Kofdarali, President
224 South Joy Street
Corona, CA 92879
The hearing remains open. . .
MOTION 1: That the Mayor and Common Council reconsider the July 6, 2009
denial of DCA No. 08-02, CUP No. 07-04 and TPM No. 19162;
and
MOTION 2: That the hearing be closed; that the Mayor and Common Council
approve DCA No. 08-02, revised to omit proposed revisions to
ABC license location criteria, based on the recommended
Findings of Fact; and that said ordinance be laid over for final
adoption; and
MOTION 3: That the Mayor and Common Council approve CUP No. 07-04
and TPM No. 19162 based on the recommended Findings of Fact
and subject to Conditions of Approval revised to omit provisions
for alcoholic beverage sales and the standard requirements
contained in the Planning Commission staff report.
OR
MOTION 4: That the Mayor and Common Council deny the request for
reconsideration.
END OF PLANNING ITEMS
40. 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.)
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41. 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., Tuesday, September 8, 2009, 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.
Public comments will not be received on any item on the agenda when a public
hearing has been conducted and closed.
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18