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HomeMy WebLinkAbout07-06-2009 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, JULY 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 24-28.) 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: ___________________________________________ 07/06/2009 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): Maravilla v. City ? San Bernardino Superior Court Case No. CIVSS 707097; J.R., et al. v. City of San Bernardino, et al. ? United States District Court Case No. EDCV 2005-1045 JWJ; United States Court of Appeals Case Nos. 07-56375 and 08-55102; Kimyawn R. Buckley v. City of San Bernardino ? County Superior Court Case No. CIVDS 903034. 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) Claims of Sheryl Nash, et al. v. City of San Bernardino Claims of Leslie Tommy Johnson, et al. v. City of San Bernardino Human Potential Consultants, LLC v. City of San Bernardino Petition of Orangewood Mobilehome Park Corporation Petition of Pacific Palms Mobilehome Park Corporation Petition of Glen Aire Mobilehome Park Corporation Petition of Friendly Village Mobilehome Park Corporation 07/06/2009 2 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. 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. END OF CLOSED SESSION 07/06/2009 3 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Richard Haug ? Mobile Home Board ? Mayor Morris (See Attached) B. Margarita (Rita) C. Arias ? Human Relations Commission ? Council Member Brinker (See Attached) MOTION: That the appointment of Richard Haug to the Mobile Home Board, and Margarita (Rita) C. Arias to the Human Relations Commission, as requested by Mayor Morris and Council Member Brinker, be approved. 3. Presentations. 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 42 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. 07/06/2009 4 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: May 18, 2009 (Distributed 6/17/09) June 1, 2009 (Distributed 6/15/09) June 4, 2009 (Distributed 6/24/09) June 9, 2009 (Distributed 6/24/09) June 16, 2009 (Distributed 6/22/09) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated June 25, 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 July 2, 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. Animal Control 9. Resolution of the Mayor and Common Council of the City of San Bernardino, authorizing the City Manager to execute Animal Housing Agreements by and between the City of San Bernardino and the City of Fontana, the City of Colton and the City of Grand Terrace for the period 07/01/2009 through 12/31/2009, and to authorize the sale of one excess animal control vehicle to the City of Fontana. (See Attached) MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 09-10 Budget to reflect: the additional costs of $135,200 and revenues of $293,250 associated with these contract extensions; and, the $100,000 to be allocated for repairs/improvements to the animal shelter. City Attorney 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement with Arias & Lockwood for legal services in the claim of Mekione Samatua, et al. (See Attached) MOTION: That said resolution be adopted. 07/06/2009 5 11. 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 case of Paul Belinski v. City of San Bernardino, et al., United States District Court Case No. CV-08-8571 (MANx). (See Attached) MOTION: That said resolution be adopted. 12. Item deleted. City Manager 13. Set Budget Workshop date for FY 2009/10 budget discussions. (See Attached) MOTION: That a budget workshop be set for July 28, 2009 at 4:00 p.m. in the Economic Development Agency Boardroom to review the Fiscal Year 2009/2010 City and Economic Development Agency budgets. Development Services 14. Authorize the Director of Development Services to execute Contract Change Order No. One with Cooley Construction, Inc. for street improvements on Kendall Drive from Bailey Court to Wagonwheel Road (SS06-35), per Project Plan No. 11428. (See Attached) (Cost to the City - $29,827 from the Special Gas Tax Fund) Ward 5 MOTION: That the Director of Development Services be authorized to execute Contract Change Order No. One with Cooley Construction, Inc. for street improvements on Kendall Drive from Bailey Court to Wagonwheel Road (SS06-35), per Project Plan No. 11428. 15. Authorize the Director of Development Services to execute Contract Change Order No. One with Matich Corporation for the realignment of Viaduct ndrd Boulevard between 2 Street and 3 Street, per Project Plan Nos. 12325 & 12326. (See Attached) (Cost to the City - $21,625 from the Proposition 1B and Storm Drain Construction Funds) Wards 1 & 3 MOTION: That the Director of Development Services be authorized to execute Contract Change Order No. One with Matich Corporation for the realignment of Viaduct Boulevard between ndrd 2 Street and 3 Street, per Project Plan Nos. 12325 & 12326. 07/06/2009 6 16. Resolution of the City of San Bernardino authorizing and directing the execution of a quitclaim deed to Camden Holdings, LLC, for vacated Gannett Parkway, between Hallmark Parkway and Georgia Boulevard and an adjacent storm drain easement and authorizing the acceptance of easement for storm drainage purposes, an easement for emergency vehicle access and an easement and right of way for sidewalk ramps and traffic signal facilities. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 6 MOTION: That the matter be continued to August 3, 2009. 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 4 to the agreement for professional traffic modeling services with Srinivasa S. Bhat. (See Attached) (No Net Cost to the City) All Wards MOTION: That said resolution be adopted. 18. Resolution of the City of San Bernardino approving Amendment No. 4 to Agreement for Professional Services with TY Lin International for the preparation of a project study report/project report for the University Parkway/Interstate 215 Interchange Loop Entrance Ramp Project (SS04-19) (See Attached) (Cost to the City - $36,900 from the ½ Cent Sales and Road Tax Fund) Ward 5 MOTION: That said resolution be adopted. 19. Item deleted. 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Lease Agreement between the City of San Bernardino and Casa Ramona, Inc., for City owned property located at 1633 West Fifth Street, in San Bernardino. (See Attached) (No Cost to the City - $2,400 from annual revenue in lease payments) Ward 1 MOTION: That said resolution be adopted. 21. Resolution of the City of San Bernardino approving a Cooperative Agreement with the San Bernardino County Transportation Authority (SANBAG) for Interstate 215 Segments, 1, 2, and 5 sewer relocation design work. (See Attached) (Cost to the City - $300,000 from the Street Construction Fund) Wards 1, 2, & 6 MOTION: That said resolution be adopted. 07/06/2009 7 22. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Weka, Inc. for sanitary sewer improvement relocations for 215 Freeway, Segment 1, 2 and 5 (SW 09-03), per Project Plan No. 12574. (See Attached) (Cost to the City - $1,800,000 from the Street Construction Fund) Wards 1, 2 & 6 MOTION: That said resolution be adopted. 23. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to El-Co Contractors, Inc. for sanitary sewer improvement relocations for State Route 210, Segment 11 (SW 09-03), per Project Plan No. 12517. (See Attached) (Cost to the City - $255,000 from the Street Construction Fund) Wards 2 & 6 MOTION: That said resolution be adopted. LAID OVER FROM JUNE 15, 2009 Fire 24. Ordinance of the City of San Bernardino amending Chapter 15 of the San Bernardino Municipal Code adding Section 15.10.030 to designate very high fire hazard severity zones as recommended by the Director of the California Department of Forestry and Fire Protection within the City of San Bernardino as depicted on a map titled City of San Bernardino Very High Fire Hazard Severity Zones dated October 29, 2008, and retained on file at the Office of the City Clerk, 300 N. D Street, San Bernardino, California. FINAL READING (Backup materials distributed on June 15, 2009, Item No. 35.) (No Cost to the City) All Wards MOTION: That said ordinance be adopted. 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with and issuance of a purchase order to Y Tire Sales for tires and retreading services for the Fire Department. (See Attached) (Cost to the City - $40,000 from the General Fund) All Wards MOTION: That said resolution be adopted. 07/06/2009 8 Information Technology 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the extension of the maintenance contract and the award of an annual purchase order for maintenance of the Police Document Imaging System workflow software and scanning station hardware/software to Avrio Corporation of Glendale, CA. (See Attached) (Cost to the City - $62,152 from the Information Technology Fund) All Wards MOTION: That said resolution be adopted. 27. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and the award of a purchase order for maintenance services to Tiburon Inc. of Pleasanton, California. (See Attached) (Cost to the City - $170,124 from the Information Technology Fund) All Wards MOTION: That said resolution be adopted. Parks, Recreation and Community Services 28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Vendor Service Agreement and the Finance Director, or her designee, to issue an annual purchase order to Donegan Tree Service in the amount of $30,000 for tree maintenance services in various landscape maintenance districts. (See Attached) (Cost to the City - $30,000 from Various LMD Accounts) All Wards MOTION: That said resolution be adopted. 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute extension offer ? Year 2 of 3 ? to the Food Service Agreement with the San Bernardino City Unified School District relating to delivery of Type A lunches to City sites for the district?s year-round lunch program for FY 09/10. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. 30. Item deleted. 31. Item deleted. 07/06/2009 9 Police 32. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding (MOU) for the San Bernardino Police Department to continue participation as a member of the United States Department of Justice, Federal Bureau of Investigation, Inland Regional Apprehension Team (IRAT). (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. 33. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding between the Rialto Unified School District and the City of San Bernardino for a school resource officer at Rialto High School. (See Attached) (Cost to the City - $65,622 from the General Fund/Patrol) Ward 3 MOTION: That said resolution be adopted. 34. Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain police applicant files, papers and pre- employment polygraph examinations pursuant to Section 34090 of the Government Code of the State of California. (See Attached) (No Cost to the City) Ward 1 MOTION: That said resolution be adopted. Public Services 35. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment to the agreement and the issuance of a Purchase Order in the amount of $8,700 to Geo-Cal Incorporated for additional costs associated with the installation of the vapor recovery system. (See Attached) (Cost to the City - $8,700 from the Fleet Services Fund) Ward 1 MOTION: That said resolution be adopted. 36. Resolutions authorizing the execution of two (2) Agreements and the issuance of two (2) Annual Purchase Orders to Pittsburgh Paint and San Bernardino Paint for paint products and materials. (See Attached) (Cost to the City - $160,000 from the General Fund/Materials & Supplies) All Wards (Item Continued on Next Page) 07/06/2009 10 36. Continued. A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and the issuance of an annual purchase order in the amount of $80,000 with three (3) one- year extensions at the City?s option to Pittsburgh Paint for paint products and materials. B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and the issuance of an annual purchase order in the amount of $80,000 with three (3) one- year extensions at the City?s option to San Bernardino Paint for paint products and materials. MOTION: That said resolutions A and B be adopted. 37. 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 $45,000 to Holliday Companies for concrete materials. (See Attached) (Cost to the City - $45,000 from the General Fund) All Wards MOTION: That said resolution be adopted. 38. 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 $345,000 with three (3) one-year extensions at the City?s option with ?Y? Tire Sales for new and recapped tires, tubes and related repair services for City vehicles and equipment, to be utilized by the Public Services Department, Fleet Division. (See Attached) (Cost to the City - $345,000 from the Fleet Services Fund) All Wards MOTION: That said resolution be adopted. 39. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment to the agreement and issuance of an annual purchase order in the amount of $40,000 by exercising the second of three (3) one-year extensions between the City of San Bernardino and American Rotary Broom Company Incorporated for rewound main and gutter sweeper brooms. (See Attached) (Cost to the City - $40,000 from the Fleet Services Fund) All Wards MOTION: That said resolution be adopted. 07/06/2009 11 40. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an agreement and issuance of a purchase order in the amount of $250,000 by exercising the first of two (2) one-year extensions between the City of San Bernardino and Fluoresco Lighting & Signs for streetlight maintenance services. (See Attached) (Cost to the City - $250,000 from the General Fund) All Wards MOTION: That said resolution be adopted. 41. 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 $140,000 to Zumar Industries, Incorporated for the purchase of traffic signs. (See Attached) (Cost to the City - $140,000 from the General Fund) All Wards MOTION: That said resolution be adopted. Water 42. A resolution of the Mayor and Common Council of the City of San Bernardino, successor to the South San Bernardino County Water District, assessing properties within the previous district boundaries in the amount of $13,487.50 for the Fiscal Year 2009/2010. (See Attached) Ward 1 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Reviewed at the Ways & Means Committee meeting of June 17, 2009 ? Committee Members Present: Kelley, Brinker City Manager 43. Request for fee waivers for facility use, personnel and equipment for El th Mercadito at La Plaza Park July 5 through September 27, 2009. (See Attached) MOTION: That a waiver of fees on a per week basis, not to exceed $11,882, to conduct the ?El Mercadito? event at La Plaza Park beginning July 5 and ending September 27, 2009, be approved; and that actual costs incurred by the Parks, Recreation and Community Services Department and Public Services Department, on a per week basis, not to exceed $3,796, be transferred from the Civic and Promotion Fund to the respective departmental budgets. 07/06/2009 12 Recommended for approval at the Grants Ad-Hoc Committee meeting of June 30, 2009 ? Committee Members Present: Baxter, Estrada, Johnson Fire 44. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the application to the San Bernardino County Fire Department, Office of Emergency Services for the Fiscal Year 2008 Homeland Security Grant/California Emergency Management Agency to fund computer equipment for the Emergency Operation Center. (See Attached) (No Cost to the City - $9,602 in grant revenues) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Grants Ad-Hoc Committee meeting of June 30, 2009 ? Committee Members Present: Baxter, Estrada, Johnson Fire 45. Resolution of the Mayor and Common Council of the City San Bernardino authorizing the submittal of the Assistance to Firefighters Fire Station Construction Grant. (See Attached) (No Cost to the City ? Additional Costs Estimated at $100,000 will not be needed this fiscal year.) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Grants Ad-Hoc Committee meeting of June 30, 2009 ? Committee Members Present: Baxter, Estrada, Johnson Police 46. Resolution of the City of San Bernardino ratifying the submittal of a G.R.E.A.T. Earmark Grant application to the Bureau of Justice Assistance (BJA) and authorizing the City Manager to execute an MOU with County Probation to expand the Gang Resistance Education and Training (G.R.E.A.T.) Programs within the San Bernardino City Unified School District. (See Attached) (No Cost to the City - $500,000 from BJA Grant Funding) All Wards MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT STAFF REPORTS 07/06/2009 13 City Attorney 47. 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. (See Attached) FIRST READING All Wards MOTION: That the matter be referred to the Legislative Review Committee. Council Office 48. Council Committee Assignments (See Attached) MOTION: That the recommended Council Committee Assignments be approved. END OF STAFF REPORTS PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. Development Services 49. Public Hearing - 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 in the CG-1, Commercial General land use district, Development Code Amendment (DCA) No. 08-02, proposal to revise location standards for convenience stores and ABC licenses necessary to approve the project. (See Attached) (No Cost to the City) Ward 3/Citywide DCA Owner/Applicant: Inland Center Drive Service Station, L.P. c/o: Jack Kofdarali, President 224 South Joy Street Corona, CA 92879 Mayor to open the hearing . . . MOTION 1: That the hearing be closed; and that the Mayor and Common Council deny Development Code Amendment No. 08-02, Conditional Use Permit No. 07-04 and Tentative Parcel Map No. 19162, based on the Findings of Fact contained in the staff report. OR (Item Continued on Next Page) 07/06/2009 14 49. Continued. MOTION 2: That the hearing be closed; and that the Mayor and Common Council approve Development Code Amendment No. 08-02, Conditional Use Permit No. 07-04, and Tentative Parcel Map No. 19162 in concept, and direct staff to prepare revised Findings of Fact and an ordinance. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM MARCH 16, 2009 Development Services 50. Norton Space and Aeronautics Academy ? Reimbursement Agreement for waiver/reimbursement of fees. (Backup material distributed on June 2, 2008, Item No. 15; item continued to August 4, 2008, Item No. 38; New Request for Council Action distributed on December 1, 2008, Item No. 21; item continued to March 16, 2009, Item No. 25.) Ward 1 MOTION: That the matter be continued to December 7, 2009. CONTINUED FROM JUNE 15, 2009 Development Services 51. 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.) (Resolution not available at time of printing.) Wards 1 & 3 MOTION: That the matter be continued to July 20, 2009. CONTINUED FROM JUNE 15, 2009 Development Services 52. 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.) (Resolution not available at time of printing.) Ward 5 MOTION: That the matter be continued to August 3, 2009. 07/06/2009 15 CONTINUED FROM JUNE 15, 2009 Development Services 53. Resolutions approving the 2009/2010 Assessment Rolls ? various Assessment Districts. (Cost to the City - $2,055,502.27 from various Assessment Districts Funding) (Backup distributed on June 15, 2009, Item No. 17.) Wards 1, 3, 4, 5 & 6 A. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 951, Zone 1 and Zone 2, Landscaping Construction and Maintenance District, Wagonwheel Road Area. B. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 952, Zone 1, Zone 2, Zone 2A, and Zone 3, Landscaping Construction and Maintenance District, State University area. C. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 953, Landscaping Maintenance District, 16th Street and Medical Center Drive Area. D. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 956, Landscaping Maintenance District, Carnegie Drive area. E. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 959, Zone 1 and Zone 2, Landscaping Maintenance Assessment District, Shandin Hills area. F. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 962, Sewer Lift Station Maintenance District, Pine Avenue area. G. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 963, Sewer Lift Station Maintenance District, Allen Street area. H. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 968, Landscaping Maintenance District, Airport Drive. (Item Continued on Next Page) 07/06/2009 16 53. Continued. I. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 974, Landscaping Maintenance District, Rialto Avenue and Eucalyptus Avenue area. J. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 975, Landscaping Maintenance District, Pepper Avenue and Mill Street area. K. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 976, Landscaping Maintenance District, Pine Avenue and Belmont Avenue area. L. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 981, Landscaping Maintenance District, Meridian Avenue and Randall Avenue area. M. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 982, Landscaping Maintenance District, Piedmont Drive area. N. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 986, Landscaping Maintenance District, Rialto Avenue and Macy Street area. O. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 989, Sewer Lift Station and Landscaping Maintenance District, Mill Street and Macy Street area. P. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 991, Landscaping Maintenance District, Verdemont Drive and Olive Avenue area. Q. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 993, Landscaping Maintenance District, Cajon Boulevard and June Street area. R. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 997, Landscaping Maintenance District, Chestnut Avenue area. (Item Continued on Next Page) 07/06/2009 17 53. Continued. S. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1001, Landscaping Maintenance District, Pennsylvania Avenue and Birch Street area. T. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1002, Landscaping Maintenance District, ?H? Street area. U. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1005, Landscaping Maintenance District, Cajon Boulevard and Pepper Linden Avenue (Campus Parkway) area. V. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1007, Landscaping Maintenance District, Pepper Avenue and Randall Avenue area. W. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll For Assessment District No. 1012, Landscaping Maintenance District, Mill Street and Burney Street area. X. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1016, Landscaping Maintenance District, Coulston Street area. (Resolution not available at time of printing.) Y. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1017, Landscaping Maintenance District, Pine Avenue and Kendall Drive area. (Resolution not available at time of printing.) Z. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1018, Northpark Boulevard and Mountain Drive Acquisition Assessment District. AA. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1019, Landscaping Maintenance District, Northpark Boulevard and Mountain Drive area. (Resolution not available at time of printing.) (Item Continued on Next Page) 07/06/2009 18 53. Continued. BB. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1020, Landscaping Maintenance District, Mill Street and Dallas Avenue area. CC. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1022, Zone 1, Zone 2 and Zone 3, Landscaping and Street Lighting Maintenance Assessment District, SBIAA/Alliance California area. DD. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1023, Landscaping Maintenance District, Elm Avenue and Coulston Street area. (Resolution not available at time of printing.) EE. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1024, Landscaping Maintenance and Sewer Lift Station District, Inland Center Drive and Riverwalk Drive area. FF. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1025, Landscaping Maintenance District, Palm Avenue and Washington Street area. GG. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1027 Landscaping Maintenance District, Waterman Avenue and Washington Street area. HH. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1028 Landscaping Maintenance District, Ohio Avenue and Walnut Avenue area. II. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1029 Landscaping th Maintenance District, California Street and 16 Street area. JJ. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1030, Landscaping Maintenance District, Magnolia Avenue and Ohio Avenue area. KK. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1031 Landscaping Maintenance District, Irvington Avenue and Olive Avenue area. (Item Continued on Next Page) 07/06/2009 19 53. Continued. LL. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1032, Landscaping Maintenance District, Palm Avenue and Verdemont Drive Area. MM. Resolution of the City of San Bernardino confirming the 2009/2010 Special Tax for certain parcels of real property within Community Facilities District No. 1033 for a portion of the operation and maintenance costs of the Verdemont Fire Station. NN. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1035, Zone 1 and Zone 2, Landscaping Maintenance District, Palm Avenue and Meyers Road area. OO. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1036, Landscaping Maintenance District, Northpark Boulevard and Campus Parkway area. PP. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1037, Landscaping Maintenance District, Belmont Avenue and Magnolia Avenue area. QQ. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1038, Landscaping Maintenance District, Orange Show Road and Arrowhead Avenue area. RR. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1039, Landscaping Maintenance District, Irvington Avenue and Chestnut Avenue area. SS. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1040, Landscaping Maintenance District, Acacia Avenue and Hill Drive area. TT. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1041, Landscaping Maintenance District, Magnolia Avenue and Ohio Avenue area. UU. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1042, Landscaping Maintenance District, Shandin Hills Drive and Shady Creek Drive area. (Item Continued on Next Page) 07/06/2009 20 53. Continued. VV. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1043, Zone 1 and Zone 2, Landscaping Maintenance District, Palm Avenue and Irvington Avenue area. WW. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1045 Landscape Maintenance District, located in the Waterman Avenue and Orange Show Road area. XX. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1046 Landscape Maintenance District, Northpark Boulevard and Northstar Avenue area. YY. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1047 Landscape Maintenance District, located in the Ohio Avenue and Pine Avenue area. ZZ. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1052 Landscape Maintenance District, located in the Belmont Avenue and Chestnut Avenue area. AAA. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1057 Landscape Maintenance District, located in the Cajon Boulevard and University Parkway area. BBB. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1059 Landscape Maintenance District, located in the Orange Show Road and Tippecanoe Avenue area. CCC. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1063 Landscape Maintenance District, located in the Central Avenue and Lena Road area. DDD. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1064 Landscape Maintenance District, located in the Cajon Boulevard and Glen Helen Parkway area. (Item Continued on Next Page) 07/06/2009 21 53. Continued. EEE. Resolution of the City of San Bernardino, authorizing and setting the Special Tax Rate for that certain area generally located north of Highland Avenue, east of Golden Avenue for paramedic services, Special Tax Area 2006-1, and approving the Fiscal Year 2009/2010 Tax Roll. MOTION 1: That said resolutions A-Z, AA-ZZ, and AAA-EEE, be adopted, except for resolutions B, C, X, Y, AA, DD, and EEE. MOTION 2: That said resolution B, be adopted. MOTION 3: That said resolutions C and EEE, be adopted. MOTION 4: That said resolutions X, Y, AA, and DD be continued to August 3, 2009. CONTINUED FROM JUNE 15, 2009 Fire 54. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Public Safety Academy for the donation of two (2) surplus fire apparatus. (See New Staff Report and Resolution) (Backup distributed on June 15, 2009, Item No. 22.) (No Cost to the City) All Wards MOTION: That said resolution be adopted. END OF CONTINUED ITEMS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM JUNE 15, 2009 Recommended for approval at the Redevelopment Committee meeting on June 4, 2009 ? Committee Members Present: Johnson, Baxter, Brinker R55. Mary Erickson Community Housing, Inc. (?MECH?) ? Delegation and authorization for the implementation of the Neighborhood Stabilization Program (?NSP?) and approval of a certain Master Agreement between the Agency and MECH (See New Staff Report and Resolutions) (Backup distributed on June 15, 2009, Item No. R45.) Ward 7 (Item Continued on Next Page) 07/06/2009 22 R55. Continued. Mayor and Common Council A. Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the expenditure of certain Neighborhood Stabilization Program (?NSP?) Funds pursuant to the Housing and Economic Recovery Act of 2008 (?HERA?) in accordance with NSP Grant Number B-08-MN-06-0520 in the principal amount equal to $8,408,558. (Resolution not available at time of printing.) (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino accepting the delegation of administration and management for the use of the City of San Bernardino Neighborhood Stabilization Program (?NSP?) Funds in accordance with the Housing and Economic Recovery Act of 2008. C. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the use of Low and Moderate Income Housing Funds and Neighborhood Stabilization Program (?NSP?) Funds through a certain Master Agreement by and between the Redevelopment Agency of the City of San Bernardino (?Agency?) and Mary Erickson Community Housing, Inc. (?MECH?), pursuant to the Neighborhood Stabilization Program. MOTION: That said resolutions A ? C, be adopted. TO BE HEARD AT 4:30 P.M. Recommended for approval at the Redevelopment Committee meeting on June 18, 2009 ? Committee Members Present: Johnson, Baxter, Brinker R56. Public Hearing ? American Recovery and Reinvestment Act ? Neighborhood Stabilization Program 2 (?NSP2?) Notice of Funding Availability Competitive Grant Application (See Attached) All Wards Mayor and Common Council Resolution of the Mayor and Common Council of the City of San Bernardino California, approving the submittal of an application to the United States Department of Housing and Urban Development (?HUD?) for funding under the Neighborhood Stabilization Program Round 2; and authorizing the City Manager of the City of San Bernardino (?City?) or his designee to execute, on behalf of the City, such documents as requested by HUD to effectuate the application. MOTION: That said resolution be adopted. 07/06/2009 23 Recommended for approval at the Redevelopment Committee meeting on June 18, 2009 ? Committee Members Present: Johnson, Baxter, Brinker R57. Prepaid Postage ? California Theatre of the Performing Arts Semi-Annual Performance Brochures (See Attached) All Wards MOTION: That the Community Development Commission of the City of San Bernardino authorize and approve the Redevelopment Agency of the City of San Bernardino (?Agency?) to pay the amount of $46,410 to the U.S. Postal Service for the brochures postage fee for Agency advertising of performances at the California Theatre of the Performing Arts. Recommended for approval at the Redevelopment Committee meeting on May 7, 2009 ? Committee Members Present: Johnson, Brinker R58. City of San Bernardino and the Redevelopment Agency of the City of San Bernardino ? Adoption of a Policy regarding the distribution of tickets or passes pursuant to the requirements of Fair Political Practices Commission Regulation 18944.1. (See Attached) All Wards Mayor and Common Council A. Resolution of the Mayor and Common Council of the City of San Bernardino adopting a Joint Policy with the Redevelopment Agency of the City of San Bernardino regarding the distribution of tickets or passes pursuant to the requirements of Fair Political Practices Commission Regulation 18944.1. (Resolution not available at time of printing.) Community Development Commission B. Resolution of the Community Development Commission of the City of San Bernardino adopting a Joint Policy with the City of San Bernardino regarding the distribution of tickets or passes pursuant to the requirements of Fair Political Practices Commission Regulation 18944.1. MOTION: That the matter be continued to July 20, 2009. Recommended for approval at the Redevelopment Committee meeting on April 23, 2009 ? Committee Members Present: Johnson, Baxter, Brinker R59. Recommended Intermediary Services in support of the Neighborhood Stabilization Program (?NSP?) Request for Proposal (?RFP?) (See Attached) All Wards (Item Continued on Next Page) 07/06/2009 24 R59. Continued. Community Development Commission 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 enter into a Master Agreement with each of the selected Intermediaries identified through the Neighborhood Stabilization Program (?NSP?) Intermediary Services RFP procurement process for the purpose of rehabilitating and selling Agency identified and approved foreclosed and/or abandoned single-family residences within the City of San Bernardino. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on September 18, 2008 ? Committee Members Present: Estrada, Baxter, Johnson R60. California Housing Foundation, Inc., a non-profit 501(c)(3) organization ? Substitution of 6495 North Jordan Lane property per the 2008 Low and Moderate Income Housing Funds Loan and Grant Property Acquisition Agreement (See Attached) Ward 5 Community Development Commission Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the substitution of the 6495 North Jordan Lane property in place of the 6728 North Ofelia Drive property per the terms of the approved 2008 Low and Moderate Income Housing Funds Loan and Grant Property Acquisition Agreement by and between the Agency and California Housing Foundation, Inc., for the benefit of developmentally disabled adults. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on June 4, 2009 ? Committee Members Present: Johnson, Baxter, Brinker R61. TELACU Housing ? San Bernardino IV, Inc. ? Amendment No. 1 to the 2008 Home Funds Loan and Grant Development Agreement (IVDA Redevelopment Project Area) (See Attached) Ward 4 (Item Continued on Next Page) 07/06/2009 25 R61. Continued. (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 2008-2009 Action Plan and allocating $902,476 in Federal HOME and CHDO Grant Funds to TELACU Housing ? San Bernardino IV, Inc., a California non-profit public benefit corporation (?Developer?) (IVDA Redevelopment Project Area). (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. 1 to the 2008 HOME Funds Loan and Grant Development Agreement by and between the Agency and TELACU Housing ? San Bernardino IV, Inc., a California non- profit public benefit corporation (?Developer?) (IVDA Redevelopment Project Area). MOTION: That said resolutions A and B, be adopted. Recommended for approval at the Redevelopment Committee meeting on June 18, 2009 ? Committee Members Present: Johnson, Baxter, Brinker R62. Amendments to certain Agreements with Neighborhood Housing Services of the Inland Empire, Inc. (NHSIE), including the 2007-2010 Single-Family Beautification Grant/Loan, Mobile Home Grant Program and Home Agreement (Staff Report not available at time of printing.) All Wards (Community Development Commission) 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 certain Amendments to the Single-Family Beautification Loan/Grant and Mobile Home Grant Program and the 2007 HOME Agreement by and between the Agency and Neighborhood Housing Services of the Inland Empire, Inc. (?NHSIE?). (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 07/06/2009 26 Recommended for approval at the Redevelopment Committee meeting on June 18, 2009 ? Committee Members Present: Johnson, Baxter, Brinker Presented at the Budget Workshop on June 9, 2009 R63. American Recovery and Reinvestment Act (?ARRA?) of 2009 Strengthening Communities Fund Grant for the Office of Business Development (Staff Report not available at time of printing.) All Wards (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the submittal of an application pursuant to the American Recovery and Reinvestment Act (?ARRA?) of 2009 Strengthening Communities Fund Grant and delegating the administration thereof to 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 approving and accepting the delegation of the administration for the American Recovery and Reinvestment Act (?ARRA?) of 2009 Strengthening Communities Fund Grant and authorizing and directing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino to submit the requested application. (Resolution not available at time of printing.) MOTION: That said resolutions A and B, be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING ITEMS TO BE HEARD AT 4:30 P.M. CONTINUED FROM JUNE 15, 2009 Development Services 64. 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.) Ward 1 (Item Continued on Next Page) 07/06/2009 27 64. Continued. 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 July 20, 2009. END OF PLANNING ITEMS 65. 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.) 66. 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, July 20, 2009, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 07/06/2009 28 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. 07/06/2009 29