HomeMy WebLinkAbout11-06-2006 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
Vacant
Neil Derry
Website: www.sbcity.org
Chas Kelley
Rikke Van Johnson
Wendy McCammack
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, NOVEMBER 6, 2006 – 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 19-21.)
CALL TO ORDER: ___________________________________________
PRESENT: ___________________________________________
ABSENT: ___________________________________________
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
A three-minute limitation shall apply to each member of the public who wishes to
address the Mayor and Common Council/Community Development Commission. No
member of the public shall be permitted to “share” his/her three minutes with any other
member of the public.
11/06/2006
1
CLOSED SESSION
1. Pursuant to Government Code Section(s):
MOTION: That the Mayor and Common Council and Community
Development Commission recess to closed session for the
following:
A. Conference with legal counsel – existing litigation – pursuant to
Government Code Section 54956.9(a):
California Bio-Mass, a California Corporation, et al. v. City of San
Bernardino – San Bernardino Superior Court Case No. SCVSS 83473;
Daniel Martinez v. City of Highland, et al. – San Bernardino Superior
Court Case No. SCVSS 130981;
Myisha Maxwell, Sykia Manuel by and through her guardian Ad Litem,
Myisha Maxwell v. City of San Bernardino, et al. – San Bernardino
Superior Court Case No. SCVSS 130136;
J.R., by and through her guardian Ad Litem, Danyelle Dickson, et al. v.
City of San Bernardino, et al. – United States District Court Case No.
ED CV 05-1045 (JWJ).
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:
Claim filed by City of Riverside/Gage Canal Company
C. Conference with legal counsel – anticipated litigation – initiation of
litigation – pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session – personnel – pursuant to Government Code Section
54957:
Title:
Executive Assistant to the Mayor
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(Item Continued on Next Page)
1. Continued.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public’s right of access to
public services or public facilities – pursuant to Government Code
Section 54957.
F.Conference with labor negotiator – pursuant to Government Code
Section 54957.6:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
Fire Management
G. Conference with real property negotiator – pursuant to Government Code
Section 54956.8:
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40 Street Redevelopment Project Area
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1. Property Address: 251 East 49 Street
APN: 0154-126-01
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Stephen E. H. Maxey, property
owner/seller
Under Negotiation: Purchase price, terms, and conditions
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2. Property Address: 259 East 49 Street
APN: 0154-126-03
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Robert and Shari Celaya,
property owners/sellers
Under Negotiation: Purchase price, terms and conditions
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(Item Continued on Next Page)
1. Continued.
IVDA Redevelopment Project Area
3. Property Address: 163 North Allen Street
APN: 0135-301-34 and 35
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Khuon V. Trang, property
owner/seller
Under Negotiation: Purchase price, terms, and conditions
END OF CLOSED SESSION
11/06/2006
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RECONVENE MEETING – 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
A. Human Relations Commission – Eri F. Yasuhara – Council Member
Estrada. (See Attached)
B. Bureau of Franchises – Debra Morton – Council Member Kelley. (See
Attached)
C. Community Development Citizens Advisory Committee – Rafael Rawls
– Council Member Johnson. (See Attached)
MOTION: That the appointments of Eri F. Yasuhara to the Human
Relations Commission, Debra Morton to the Bureau of
Franchises and Rafael Rawls to the Community
Development Citizens Advisory Committee, as requested
by Council Members Estrada, Kelley, and Johnson, be
approved.
3. Presentations.
4. Announcements by Mayor and Common Council.
All Consent Calendar items listed are considered to be routine by the City Council and
will be enacted by one motion. There will be no separate discussion of these items
unless a Council member or other interested persons so request, in which event the
item will be removed from the Consent Calendar and considered in its normal
sequence on the agenda. Information concerning Consent Calendar items is
available for public review.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items 5 through
37, be adopted except for ____, ____, ____, ____, and ____.
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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, Community Development
Commission, and San Bernardino City Housing Authority, 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:
August 7 & 8, 2006 (Distributed on 10/16/06)
September 5, 2006 (Distributed on 10/24/06)
September 18, 2006 (Distributed on 10/24/06)
October 16, 2006 (Distributed on 10/30/06)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated October 13, 2006,
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 November 2, 2006 in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common
Council of the City of San Bernardino, be approved and ratified.
City Attorney
9. Ratification of the action of the Mayor, City Attorney and City Clerk to amend
Resolution No. 2006-373 adopted on October 16, 2006. (See Attached)
MOTION: That the Mayor and Common Council ratify action of the Mayor,
City Attorney, and City Clerk to amend Resolution No. 2006-373
adopted on October 16, 2006.
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City Clerk
10. Resolution of the City of San Bernardino amending Resolution 2004-338 entitled
in part, “Resolution … amending Conflict of Interest Code …,” by amending
Appendix A to add, delete and change the titles of various positions within
departments of the City which must file Conflict of Interest Statements
(Statements of Economic Interests, Form 700). (See Attached)
MOTION: That said resolution be adopted.
Development Services
11. Authorize an increase to the Purchase Order with Caltrop Corporation for On-
Call Public Works Inspection Services. (See Attached) (Cost to the City --
$128,000 from the General Fund.) All Wards
MOTION #1: That the Director of Finance be authorized to amend the FY
2006/07 adopted Development Services budget and transfer an
additional amount of $64,000 from Account No. 001-184-5011
(Salary and benefit savings from the two additional vacant
Construction Inspector positions) to Account No. 001-183-5502
(Professional Contractual costs) for the purpose of funding
development related Public Works Consultant Inspection services;
and
MOTION #2: That the Director of Finance be authorized to increase the
Purchase Order to Caltrop Corporation for On-Call Inspection
Services by the amount of $128,000, consisting of $64,000 from
various Capital Improvement Program projects and $64,000 from
professional contractual costs.
12. Authorize execution of Contract Change Order No. One to the Contract with
Silvia Construction, Inc. for pavement rehabilitation at Pennsylvania Avenue
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from Base Line Street to 16 Street (SS06-39) and 2 Street, from I-215
Freeway to “E” Street (SS06-40), per Plan No. 11602. (See Attached) (Cost to
the City -- $22,065.35 from the California Infrastructure & Economic
Development Loan Capital Projects Fund.) Wards 1&6
MOTION: That the Director of Development Services be authorized to
execute Change Order No. One in the amount of $22,065.35 to
contract with Silvia Construction, Inc. for pavement rehabilitation
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at Pennsylvania Avenue from Base Line Street to 16 Street
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(SS06-39) and 2 Street, from I-215 Freeway to “E” Street
(SS06-40), per Plan No. 11602.
13. Authorize execution of Contract Change Order No. Four to the Contract with
Matich Corporation for construction of Campus Parkway (SS04-01) and
installation of a traffic signal at Kendall Drive and Campus Parkway (TC04-07),
per Plan Nos. 10952 and 10232. (See Attached) (Cost to the City --
$107,275.39 from the ½ Cent Sales and Road Tax Fund.) Ward 5
MOTION: That the Director of Development Services or designee be
authorized to execute Change Order No. Four in the amount of
$107,275.39 to contract with Matich Corporation for construction
of Campus Parkway (SS04-01) and installation of a traffic signal
at Kendall Drive and Campus Parkway (TC04-07), per Plan Nos.
10952 and 10232.
14. Authorize execution of Contract Change Order No. One to the Contract with
DBX, Inc. for southwest and southeast corner improvement and traffic signal
modifications at Baseline Street and Mt. Vernon Avenue; traffic signal
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improvements at Valencia Avenue at 30 Street and Mountain Avenue at
Northpark Boulevard; and traffic signal modifications at University Parkway at
the I-215 Ramps (TC05-06, TC04-39, SS05-09, TC05-04, and TC04-34), per
Plan Nos. 11328B, 11436 & 11561. (See Attached) (Cost to the City --
$21,700 from the Traffic Systems Fee Fund.) Wards 4,5,6&7
MOTION #1: That the Director of Finance be authorized to amend the FY
2006/07 budget by transferring $15,000 from Account No. 250-
370-5504-7491) “Install Traffic Signal at Mountain Avenue at
Northpark Boulevard (TC05-06)” to Account No. 250-370-5504-
7490 “Southwest and Southeast Corner Improvement and Traffic
Signal Modifications at Baseline Street and Mt. Vernon Avenue
(TC05-04)”; and
MOTION #2: That the Director of Development Services be authorized to
execute Change Order No. One in the amount of $19,182.18 to
contract with DBX, Inc. for southwest and southeast corner
improvement and traffic signal modifications at Baseline Street
and Mt. Vernon Avenue; traffic signal improvements at Valencia
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Avenue at 30 Street and Mountain Avenue at Northpark
Boulevard; and traffic signal modifications at University Parkway
at the I-215 ramps (TC05-06, TC04-39, SS05-09, TC05-04,
TC04-34), per Plan Nos. 11328B, 11436 & 11561.
11/06/2006
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15. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a Contract to Diversified Landscape Management, Inc. for landscape
improvements for University Parkway at Interstate 215 – Phase I (SS07-17), per
Plan No. 11630. (See Attached) (Cost to the City -- $49,000 [$30,000 from
the Gas Tax Fund and $20,000 from J. R. Watson & Associates {(Developer
funding}]). (Resolution not available at time of printing.) Ward 5
MOTION: That said resolution be adopted.
16. Resolution of the City of San Bernardino authorizing the Mayor to execute
approving Agreements for Services with Joseph E. Bonadiman & Associates,
Inc., David Evans & Associates, Inc. and Associated Engineers, Inc. for on-call
surveying support. (See Attached) (Cost to the City -- $130,000 from various
accounts.) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
17. Resolution of the City of San Bernardino approving Amendment No. 1 to
Agreement for Professional Services with LAN Engineering Corporation to
provide engineering services for the design of old Waterman Canyon Bridge
Replacement (SS07-14). (See Attached) (Cost to the City -- $25,917.00 from
the ½ Cent Sales and Road Tax Fund.) Ward 4
MOTION: That said resolution be adopted.
18. Resolution of the City of San Bernardino declaring its intention to order the
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vacation of a portion of “I” Street, northerly of 13 Street & a portion of 13
Street, westerly of “I” Street. (See Attached) (No cost to the City -- $1,200
processing fee paid by petitioner.) Ward 1
MOTION: That said resolution be adopted.
11/06/2006
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19. Resolution of the City of San Bernardino ordering the summary vacation of a
portion of Citrus Street west of Mountain Avenue and north of State Highway
210 (Route 30 Freeway). (See Attached) (No cost to the City -- $600
processing fee paid by applicant.) Ward 7
MOTION: That Plan No. 11837 showing the proposed vacation of a portion
of Citrus Street west of Mountain Avenue and north of State
Highway 210 (Route 30 Freeway), be approved; and that said
resolution be adopted.
20. Resolution of the City of San Bernardino making application to the Local
Agency Formation Commission for providing City sewer services to property
within unincorporated territory located at 4230 N. Fourth Avenue. (See
Attached) (No cost to the City -- $1,000 processing fee paid by applicant.)
Surrounded by Wards 4&5
MOTION: That the Director of Development Services be authorized to
initiate proceedings for the provision of City sewer services
outside of City boundaries for property located at 4230 N. Fourth
Avenue; and that said resolution be adopted.
21. Authorization to proceed and approval of Plan No. 11892 – proposed vacation
of an east-west alley, north of Walnut Street and east of Artesian Street. (See
Attached) (No cost to the City -- $1,200 processing fee to be paid by
applicant.) Ward 3
MOTION #1: That the Director of Development Services and the City Clerk be
authorized to proceed with the proposed vacation of an east-west
alley, north of Walnut Street and east of Artesian Street; and
MOTION #2: That Plan No. 11892 showing the proposed vacation of an east-
west alley, north of Walnut Street and east of Artesian Street, be
approved.
22. Resolution of the Mayor and Common Council of the City of San Bernardino
approving an Agreement for Services with IBI Group for the provision of
Professional Consulting Services for preparation of the I-210 Corridor
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Enhancement Plan. (See Attached) (Cost to the City -- $11,875.00 from the
General Fund.) (Resolution not available at time of printing.) Wards 4,6,&7
MOTION: That said resolution be adopted.
Facilities Management
23. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement for Services with and issuance of a
purchase order to JM Builders, Inc., for the Perris Hill Senior Center expansion
in the City of San Bernardino per RFQ F-07-17. (See Attached) (Cost to the
City -- $873,700 in grant funding, and $34,950 from the Parks Construction
Fund.) (Resolution not available at time of printing.) Ward 2
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2006/07 adopted budget and
transfer $50,000 from Project #PR07-08, Perris Hill Agape
House Demolition from Account No. 243-363-5504-7424 to
Account No. 243-363-5504-7494 and delay Project #PR07-08 in
the CIP.
24. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Contract and issuance of an annual Purchase
Order with two one-year options to Securitas Security Services USA, Inc. for
security guard services at the San Bernardino Metrolink Station. (See Attached)
(Cost to the City -- $70,400 from the General Fund.) (Resolution not
available at time of printing.) Ward 1
MOTION: That the Mayor and Common Council ratify the cancellation of
the agreement with A Security Max Inc., for security guard
services at the Metrolink Station; and that said resolution be
adopted.
25. Resolution of the City of San Bernardino authorizing the execution of a contract
with and issuance of a purchase order to Energy Controls and Concepts for
Carousel Mall Parking Structure and Lighting Retrofit project in the City of San
Bernardino. (See Attached) (Resolution not available at time of printing.)
Ward 1
MOTION: That said resolution be adopted.
Fire
26. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the San Bernardino City Fire Department to enter into a Fire
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Technology Contract Education Agreement with the San Bernardino Community
College District. (See Attached) (Anticipated revenue from this Agreement -
- $8,000.) (Resolution not available at time of printing.)
(Item Continued on Next Page)
26. Continued.
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2006/07 budget and increase
General Fund revenue Account No. 001-000-4708 (Fire Training
Agreement) by $8,000 from $36,000 to a new total of $44,000;
and to incorporate the expenditures in the amount of $4,500
associated with this agreement into the FY 2006/07 Fire
Department budget, in accordance with the staff report dated
October 16, 2006 from Michael J. Conrad, Acting Fire Chief.
Human Resources
27. Resolution of the City of San Bernardino approving a Side Letter to Resolution
No. 2005-242, establishing a Compensation and Benefits Plan for the
Management, Confidential & Unclassified Employees, amending and adding
benefits for the Police Safety Management Employees. (See Attached) (Cost to
the City -- $42,500 from the from the General Fund for FY 06/07.)
MOTION: That said resolution be adopted.
28. Resolution of the City of San Bernardino authorizing the execution of an
Agreement with Reward Strategy Group to conduct a classification and
compensation study. (See Attached) (Cost to the City -- $128,500 from the
General Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
29. Resolution of the Mayor and Common Council of the City of San Bernardino to
amend Sucaba Resolution 2006-309 approved on September 5, 2006. (See
11/06/2006
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Attached) (Cost to the City -- $42,000 [$13,000 from the Liability
Insurance Fund and $29,000 from the Workers Compensation Fund.)
MOTION: That said resolution be adopted.
Mayor’s Office
30. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of a grant application to the National Endowment for the
Arts (NEA), and authorizing the City Manager or his designee to execute grant
documents. (See Attached) (No cost to the City.) (Resolution not available
at time of printing.)
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
31. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the execution of Amendment No. 4 to Contract 02-1166 with the
County of San Bernardino Department of Public Health to provide youth
mentoring services for the period of July 1, 2006 through June 30, 2007. (See
Attached) (Cost to the City – In kind match of $18,333.) All Wards
MOTION: That said resolution be adopted.
32. Resolution of the Mayor and Common Council authorizing the execution of an
agreement between the City of San Bernardino and the County of San
Bernardino Probation Department for shared use of the recreation facilities at
the former Norton Air Force Base for the period of July 1, 2006 through June
30, 2007 and ratifying all action taken between July 1, 2006 and the approval of
the resolution. (See Attached) (No cost to the City.) Ward 1
MOTION: That said resolution be adopted.
Police
11/06/2006
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33. Set a public hearing for November 20, 2006 at 4:00 p.m. relative to the
proposed expenditures of monies allocated from the FY 06/07 Citizen’s Option
for Public Safety (COPS). (See Attached)
MOTION: That the Mayor and Common Council set a public hearing for
4:00 p.m., Monday, November 20, 2006, relative to the
proposed expenditure plan for the allocated Citizen’s Option for
Public Safety (COPS) funding for FY 2006/07.
Public Services
34. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an amendment to the agreement and purchase order to Bryan A.
Stirrat & Associates (BAS) for permits, design, and equipment acquisition to
complete installation of gas treatment system for Waterman Landfill. (See
Attached) (Cost to the City -- $200,000 from the Refuse Fund.) Ward 3
MOTION: That said resolution be adopted.
35. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and purchase order between the City
of San Bernardino and NPG Corporation for miscellaneous street repairs as
detailed in Bid Specification No. RFQ F-07-14. (See Attached) (Cost to the
City -- $207,435.00 from the General Fund.) (Resolution not available at
time of printing.) All Wards
MOTION: That said resolution be adopted.
36. Resolution of the Mayor and Common Council of the City of San Bernardino
exempting the acquisition of services from the requirement of obtaining requests
for proposals as required by the San Bernardino Municipal Code, and approving
a vendor services agreement and purchase order to Inland Regional Recovery
Facility. (See Attached) (Cost to the City -- $379,800 from the Refuse
Fund.) All Wards
MOTION: That said resolution be adopted.
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37. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the execution of a vendor service agreement and issuance of a purchase
order to NPG, Inc. for emergency repair on Electric Avenue pursuant to Section
3.04.075 of the Municipal Code. (See Attached) Ward 4
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the October 18, 2006 meeting of Ways and
Means Committee – Members present: Estrada and Johnson
City Manager
38. Request for waiver of fees – YMCA Children’s Christmas Parade – December
2, 2006. (See Attached) (Cost to the City -- $4,662 from the General Fund.)
Ward 1
MOTION: That the request for a waiver of fees in the amount of $4,662 for
department, personnel and equipment costs associated with the
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29 Annual YMCA Children’s Christmas Parade scheduled for
December 2, 2006, be approved; and that $4,662 be transferred
from the civic and promotion fund into the various City
departmental accounts to recover their costs incurred in assisting
with the parade.
39. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement between the City of San Bernardino
and Burbank Recycling Inc. for commingled recycling services. (Anticipated
revenue from this agreement approximately -- $134,000) All Wards
MOTION: That said resolution be adopted.
Recommended for approval at the October 30, 2006 meeting of Personnel
Committee – Members present: Estrada, Baxter and McCammack
40. Authorize the addition of two full-time Parking Enforcement Officers in the
Facilities Management Department. (See Attached) (Cost to the City -- $54,000
from the General Fund.)
11/06/2006
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MOTION #1: That the Mayor and Common Council add two (2) Parking
Enforcement Officers, Range 1342, $2,444-$2,971 per month;
and
MOTION #2:That the Human Resources Department be authorized to amend
Resolution No. 97-244 and Resolution No. 6413; and
MOTION #3: That the Director of Finance be authorized to amend the FY
2006/07 budget by increasing parking citation revenue Account
No. 001-000-4420 by $54,000 and increasing Facilities Parking
Control expenditure budget also by $54,000 for no net cost to the
City’s General Fund budget.
41. Modify the job description and add a new position of Executive Assistant to the
Mayor, and delete the Executive Secretary position in the Mayor’s Office. (See
Attached) (No cost to the City.)
MOTION #1: That the Mayor and Common Council modify the job description
and add a new position of Executive Assistant to the Mayor,
Range 4461, $4,461-$5,378/month; and
MOTION #2: That the Mayor and Common Council delete the Executive
Secretary position in the Mayor’s Office, Range 4443, $4,044-
$4,916/month; and
MOTION #3: That the Human Resources Department be authorized to update
Resolution Nos. 2005-428 and 97-244.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
Development Services
42. Public hearing – relative to formation of a Landscape Maintenance Assessment
District in the Magnolia Avenue and Ohio Avenue area (AD 1041 – Tract No.
15528). (See Attached) (No cost to the City -- $4,000 processing fee paid by
applicant.) Ward 5
Resolution of the City of San Bernardino finding and determining the existence
of less than a majority protest, that ballots submitted in favor of the assessment
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exceed the ballots submitted in opposition to the assessment and that the public
convenience and necessity require the maintenance of landscaping in the area of
Magnolia Avenue and Ohio Avenue, approving the Final Engineer’s Report,
creating an assessment district to cover the costs of said maintenance, known as
Assessment District No. 1041, ordering the work, confirming the 2007-2008
Assessment Roll, and determining that the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 shall not apply. (Resolution not
available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
TO BE HEARD AT 4:00 P.M.
Development Services
43. Public hearing – relative to formation of a Landscape Maintenance Assessment
District in the Eucalyptus Avenue and Randall Avenue area (AD 1048 – Tract
No. 17273. (See Attached) (No cost to the City -- $4,000 processing fee paid
by applicant.) Ward 3
Resolution of the City of San Bernardino finding and determining the existence
of less than a majority protest, that ballots submitted in favor of the assessment
exceed the ballots submitted in opposition to the assessment and that the public
convenience and necessity require the maintenance of landscaping in the area of
Eucalyptus Avenue and Randall Avenue, approving the Final Engineer's Report,
creating an assessment district to cover the costs of said maintenance, known as
Assessment District No. 1048, ordering the work, confirming the 2007-2008
Assessment Roll, and determining that the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 shall not apply.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM MAY 15, 2006
Development Services
44. Approve request for continuance of Tentative Tract No. 14112 located
northeasterly of the intersection of Foothill Drive and Sterling Avenue. (New
Staff Report Attached) (Original backup material was distributed on
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December 3, 2001, Item No. 28; item was continued to March 4, 2002, Item
No. 24; item was continued to June 3, 2002, Item No. 26; item was
continued to December 2, 2002, Item No. 28; item was continued to January
21, 2003, Item No. 28; item was continued to May 19, 2003, Item No. 12;
item was continued to August 18, 2003, Item No. 27; item was continued to
November 17, 2003, Item No. 30; item was continued to May 19, 2003, Item
No. 12; item was continued to August 18, 2003, Item No. 27; item was
continued to November 17, 2003, Item No. 30; item was continued to May
17, 2004, Item No. 20; item was continued to November 15, 2004, Item No.
38; item was continued to May 15, 2005, Item No. 36; Item was continued
to November 21, 2005, Item No. 26; and Item was continued to May 15,
2006, Item No. 38.
(Item Continued on Next Page)
44. Continued.
MOTION: That the Mayor and Common Council approve the request for
continuance of the Final Map for Tentative Tract No. 14112 to
May 21, 2007.
CONTINUED FROM OCTOBER 16, 2006
45. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a Contract to Nikola Construction Corporation for sewer
improvements on Athol Street from “D” Street to Arrowhead Avenue (SW06-
04) and Goodlett Street from Pico Street to Herrington Avenue (SW06-08), and
street improvements on Goodlett Street from Western Avenue to Mt. Vernon
Avenue (SW06-08), per Plan No. 11646. (New Staff Report Attached)
(Backup material distributed on October 16, 2006, Item No. 14.)
Wards 1&6
MOTION #1: That the Director of Finance be authorized to amend the FY
2006/07 budget by transferring $86,600 from unallocated sewer
maintenance funds (Fund 132) to Account No. 132-431-5505-
7569 “Athol Street Sewer Replacement (SW06-04); and
MOTION #2: That the Director of Finance be authorized to amend the FY
2006/07 budget by transferring $223,400 from unallocated sewer
maintenance funds (Fund 132) to Account No. 132-431-5505-
7570 “Goodlett Street Sewer Replacement (SW06-08); and
MOTION #3: That the Director of Finance be authorized to amend the FY
2006/07 budget by transferring the balance of Account No. 245-
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365-5504-7569 “Athol Street Sewer Replacement (SW06-04)”
and Account Nos. 245-365-5504-7569 & 7570 “Goodlett Street
Sewer Replacement (SW06-08)” to unallocated sewer
construction funds; and
MOTION #4: That said resolution be adopted.
CONTINUED FROM OCTOBER 16, 2006
46. Authorize execution of Contract Change Order No. Two to the Contract with
th
David T. Wasden, Inc., for sewer and street improvements on 34 Street –
th
Leroy Street to Waterman Avenue (SW04-23); 48 Street – “F” Street to
Electric Avenue (SW04-24); and street improvements on Richardson Street –
San Bernardino Avenue to Victoria Avenue (SW04-34); Cooley Avenue –
ndth
Tippecanoe Avenue to Gage Canal (SW04-35); and “E” Street – 2 Street to 4
Street (SW04-06), per project Plan No. 11147. (New Staff Report Attached)
(Backup material distributed on October 16, 2006, Item No. 15.)
Wards 1,3,4,&7
MOTION: That the Director of Development Services be authorized to
execute Contract Change Order No. Two to the contract with
David T. Wasden, Inc., for sewer and street improvements on
thth
34 Street – Leroy Street to Waterman Avenue (SW04-23); 48
Street – “F” Street to Electric Avenue (SW04-24); and street
improvements on Richardson Street – San Bernardino Avenue to
Victoria Avenue (SW04-34); Cooley Avenue – Tippecanoe
nd
Avenue to Gage Canal (SW04-35; and “E” Street – 2 Street to
th
4 Street (SW04-06), per project Plan No. 11147.
END OF CONTINUED ITEMS
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee on October
19, 2006 – Committee Members present: Estrada, Johnson and Baxter
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19
R47. Designation of Agency Check Signers and Assistant Secretary of the
Commission. (See Attached)
A. Resolution of the Community Development Commission of the City of
San Bernardino, California, designating check signers and countersigners
for the Redevelopment Agency of the City of San Bernardino and/or the
City of San Bernardino Economic Development Agency checks and wire
transfers, and repealing Resolution No. CDC/2006-7.
B. Resolution of the Community Development Commission of the City of
San Bernardino, California, authorizing the appointment of Margarita
Pacheco as Secretary of the Commission and authorizing the appointment
of Don Gee as Assistant Secretary of the Commission, and repealing
Resolution No. CDC/2005-35.
MOTION: That said resolutions A&B, be adopted.
R48. Resolution of the Community Development Commission of the City of San
Bernardino, on behalf of the Economic Development Agency of the City of San
Bernardino, amending Resolution No. 4420 (as amended by Resolution Nos.
4852, 5048, 5057, 5356, 5389, 5424, 5507, 5560, CDC/2000-44, CDC/2001-
51, and CDC/2004-41) entitled, in part, “Resolution … adopting a Conflict of
Interest Code …,” by amending Appendix A to add, delete and change the titles
of various positions within the Economic Development Agency of the City of
San Bernardino which must file Conflict of Interest Statements. (See Attached)
MOTION: That said resolution be adopted.
CONTINUED FROM OCTOBER 16, 2006
TO BE HEARD AT 4:30 P.M.
R49. Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the executive director of the
Redevelopment Agency of the City of San Bernardino (“Agency”) to execute
the Redevelopment Project Study and Exclusive Right to Negotiate Agreement
(“Agreement”) with Home Depot, Inc. (“Developer”) – IVDA Redevelopment
Project Area. (Backup material distributed on September 18, Item No. R32;
item continued to October 16, 2006, Item No. R29.)
MOTION: That the matter be tabled.
CONTINUED FROM OCTOBER 16, 2006
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20
TO BE HEARD AT 4:30 P.M.
R50. Joint public hearing – Disposition and Development Agreement (DDA) for
nd
development of a shopping center – La Placita on 2 Street – Uptown
Redevelopment Project Area.
A. Resolution of the Mayor and Common Council of the City of San
Bernardino consenting to the sale of certain Property as identified in the
2006 Disposition and Development Agreement (“DDA”) by and between
the Redevelopment Agency of the City of San Bernardino (“Agency”)
nd
and La Placita at 2 Street, a California Limited Liability Corporation
(“Developer”) and accepting the Community Development
Commission’s certain environmental findings related to the development
of the proposed project.
(Item Continued on Next Page)
R50. Continued.
B. Resolution of the Community Development Commission of the City of
San Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino (“Agency”) to
execute the 2006 Disposition and Development Agreement (“DDA”) by
nd
and between the Agency and La Placita at 2 Street, a California
Limited Liability Corporation (“Developer”) and making certain
environmental findings thereto related to the development of the project.
(Item continued from October 16, 2006, Item No. R34.)
The hearing remains open . . .
MOTION: That the matter be continued to November 20, 2006.
END OF COMMUNITY DEVELOPMENT COMMISSION
PLANNING
CONTINUED FROM OCTOBER 16, 2006
TO BE HEARD AT 4:30 P.M.
51. Public hearing – appeal of Planning Commission revocation of a permit to
operate a small container recycling facility at 1620 W. Baseline Street in the
CG-1, Commercial General land use district. (Development Permit Type 1 No.
06-054 – Appeal No. 06-13). (Backup material distributed on October 16,
2006, Item No. 35.)
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Appellant: Eugene Vortman
E&M Recycling
526 S. Alameda Street
Los Angeles, CA 90013
Request/Location: The subject of this appeal is the revocation of Development
Permit Type 1 No. 06-054 by the Planning Commission. The development
permit authorizes the operation of a small container recycling facility in the
parking lot of Jimmy’s Food Store at 1620 West Baseline Street, which was
approved by the Director on May 12, 2006. Soon after the facility opened,
surrounding property owners complained about the conditions at the site,
including loitering, accumulation of debris and abandoned shopping carts. Staff
investigated, confirmed the reported conditions and noted an illegal sign, use of
storage receptacle other than the approved kiosk and graffiti on the trash
enclosure that should have been removed. E&M was given notice of a
revocation hearing before the Planning Commission.
(Item Continued on Next Page)
51. Continued.
The hearing remains open . . .
MOTION #1: That the hearing be closed; and that the Mayor and Common
Council Grant Appeal No. 06-13, thereby overturning the
Planning Commission’s revocation of Development Permit Type
1 No. 06-054; and direct staff to monitor compliance with
conditions of approval placed on DP1 No. 06-054, and to
schedule a review by the Planning Commission after six months,
or upon discovery of any failure to comply with the conditions of
approval, whichever occurs first; or
MOTION #2: That the hearing be closed; and that the Mayor and Common
Council deny Appeal No. 06-13 and uphold the Planning
Commission’s revocation of Development Permit Type 1 No. 06-
054.
END OF PLANNING ITEMS
52. Resolution of the Mayor and Common Council of the City of San Bernardino
designating a crime free zone. (See Attached)
MOTION: That said resolution be adopted.
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53. 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.)
54. 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, November 20, 2006, in the Council Chambers of City
Hall, 300 North “D” Street, San Bernardino, California.
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23
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.
11/06/2006
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