HomeMy WebLinkAbout12-18-2006 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
Tobin Brinker
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, DECEMBER 18, 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 10 & 11.)
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.
112/18/2006
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):
Dean Colby v. City of San Bernardino – Workers’ Compensation
Appeals Board Case Nos. SBR 0304533; SBR 0304534; SBR 0304535;
SBR 0304536, and SBR 0307928;
Wayne Wolmack v. City of San Bernardino – Workers’ Compensation
Appeals Board Case No. 0314514;
Durward Williams v. City of San Bernardino – Workers’ Compensation
Appeals Board Case Nos. SBR 0298905 and SBR 0321378.
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.
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.
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
212/18/2006
RECONVENE MEETING – 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
A. Human Relations Commission – Dr. Terry Elliott – Council Member
McCammack.
MOTION: That the appointment of Dr. Terry Elliott to the Human
Relations Commission, as requested by Council Member
McCammack, be approved.
3. Presentations.
A. Service Pin Awards Ceremony.
4. Announcements by Mayor and Common Council.
All Consent Calendar items listed are considered to be routine by the City Council and
will be enacted by one motion. There will be no separate discussion of these items
unless a Council member or other interested persons so request, in which event the
item will be removed from the Consent Calendar and considered in its normal
sequence on the agenda. Information concerning Consent Calendar items is
available for public review.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items 5 through
21, 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.
312/18/2006
6. Council Minutes.
MOTION: That the minutes of the following meeting(s) of the Mayor and
Common Council/Community Development Commission be
approved as submitted in typewritten form:
October 2, 2006 (Distributed on 12/12/06)
November 6, 2006 (Distributed on 12/12/06)
November 20, 2006 (Distributed on 12/13/06)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated December 12, 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 December 13, 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 Clerk’s Office
9. Approve Local Appointments List per Maddy Act. (See Attached) (No cost to
the City.)
MOTION: That the Mayor and Common Council approve the Local
Appointments List of all regular and ongoing boards,
commissions, and committees and direct that the City Clerk send
a copy of the List to the Feldheym Library for posting pursuant to
Government Code Section 54973.
City Manager’s Office
10. Resolutions authorizing the execution of Mills Act Preservation Agreements and
amending the Mills Act Program procedures. (See Attached) (No cost to the
City.)
412/18/2006
(Item Continued on Next Page)
10. Continued.
A. Resolution of the Mayor and Common Council of the City of San
Bernardino amending Resolution 2005-363, establishing the application
process, review procedures, and required contract provisions for the
implementation of a Mills Act Program in the City of San Bernardino.
(Resolution not available at time of printing.)
B. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a Mills Act Preservation
Agreement with Myra Elizabeth Elder. (Resolution not available at
time of printing.)
MOTION: That said resolutions A & B, be adopted.
Development Services
11. Authorize the Director of Development Services to execute Contract Change
Order No. One to the Contract with Grand Pacific Contractors, Inc. for
installation of reinforced concrete box culvert at 2128 Orange Street (SD04-16),
per Plan No. 11568. (See Attached) (Cost to the City -- $33,424, from the
Storm Drain Construction Fund.) Ward 4
MOTION: That the Director of Development Services be authorized to
execute Change Order No. One in the amount of $33,424 to
contract with Grand Pacific Contractors, Inc. for installation of
reinforced concrete box culvert at 2128 Orange Street (SD04-16),
per Plan No. 11568.
12. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the Final Map for Tract Map No. 16757, located on the southeast
corner of Meridian and Rialto Avenues in the RU-1, Residential Urban land use
district, accepting the public dedications as set forth on said map; and
authorizing execution of the standard form of agreement for the improvements
in said subdivision, with time for performance specified. (See Attached) (No
cost to the City.) Ward 3
MOTION: That said resolution be adopted.
512/18/2006
13. Resolution of the City of San Bernardino preliminarily determining that the
public convenience and necessity require the formation of a landscape
maintenance assessment district located in the Belmont Avenue and vacated
Chestnut Avenue area without compliance with the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931; declaring its
intention to proceed to order work within the district, to be known as
Assessment District No. 1052; preliminarily approving the Engineer’s Report
and giving notice of a public meeting and public hearing. (See Attached) (No
cost to the City -- $4,000 processing fee paid by applicant.) (Resolution not
available at time of printing.) Ward 5
MOTION: That the Director of Development Services and the City Clerk be
authorized to proceed under SBMC 12.90, with the establishment
of a landscape maintenance assessment district in the Belmont
Avenue and vacated Chestnut Avenue area (Tract No. 16795) to
be known was Assessment District No. 1052; and that said
resolution be adopted.
14. Item Deleted.
Finance
15. Approve FY 2005/2006 Continuing Appropriations and Encumbrance
Carryovers into FY 2006-2007. (See Attached) (Cost varies by fund.)
MOTION: That the Mayor and Common Council approve carrying over the
attached listing of FY 2005/06 Continuing Appropriations and
Encumbrances in FY 2006/07.
Human Resources
16. Resolution of the Mayor and Common Council of the City of San Bernardino
appointing specific directors to the BIG Independent Cities Excess Pool (BICEP)
Joint Powers Authority. (See Attached) (No cost to the City by this action.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
612/18/2006
Mayor’s Office
17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute Amendment No. 2 to the Professional Services
Agreement with Kurt Wilson. (See Attached) (Cost to the City -- $19,998
from the General Fund.) (Document and Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute an Agreement with the Public Health Institute
for the Youth Empowerment Pilot Project for the period of November 1, 2006
through September 30, 2007 and ratifying all action taken between November 1,
2006 and the approval of the Resolution. (See Attached) (Grant funding in the
amount of $14,700.) (Resolution not available at time of printing.)
All Wards
MOTION: That said resolution be adopted.
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute a Management Services Agreement between
the City of San Bernardino and For the Game, LLC to provide management
services at the San Bernardino Soccer Complex for the period of January 1,
2007 through December 31, 2012. (Document and Resolution not available
at time of printing.)
MOTION: That said resolution be adopted.
Public Services
20. 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 Republic Services for green waste recycling services. (See Attached) (Cost
to the City -- $1,041,600 from the Refuse Fund.) (Resolution not available
at time of printing.) All Wards
MOTION: That said resolution be adopted.
712/18/2006
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Crest Chevrolet of San
Bernardino for the negotiated purchase of two (2) 2006 Schwarze M-6000SE
compressed natural gas broom street sweepers and one (1) Schwarze A8000 air
sweeper. (See Attached) (Cost to the City -- $215,192 annually.) (Resolution
not available at time of printing.) All Wards
MOTION #1: That said resolution be adopted; and
MOTION #2: That the position reclassifications and salary adjustments
outlined in the Staff Report, dated December 12, 2006, by the
Director of Public Services, be referred to the Council
Personnel Committee.
END OF CONSENT CALENDAR
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
Water
22. Public hearing – resolution determining that the public interest and necessity
require the acquisition of a portion of property for an easement for the
development of the Verdemont Phase I Water Infrastructure Project. (See
Attached)
A Resolution of the Mayor and Common Council of the City of San Bernardino
determining that the public interest and necessity require the acquisition of a
portion of APN 0261-181-12 for a permanent easement and temporary easement
for the development of the Verdemont Phase 1 Water Infrastructure Project
titled “Palm Connector 24” Transmission Main – a public use. (See Attached)
(No cost to the City.) (Resolution not available at time of printing.)
Wards 5&6
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
END OF PUBLIC HEARINGS
812/18/2006
COMMITTEE CONSENT
Recommended for approval at the Legislative Review Committee on
November 21, 2006 – Committee Members present: Kelley, Baxter and
Derry
23. Resolution of the Mayor and Common Council of the City of San Bernardino
granting an extension of the Cable Franchises with Time Warner Cable, Charter
Communications, and Mountain Shadows Cable. (See Attached) (No cost to
the City.) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
Recommended for approval at Grants Committee on November 28, 2006 –
Committee Members present: Estrada, Baxter and McCammack
Police
24. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Police Department to apply for and accept a State of California
Office of Traffic Safety/UC Berkeley Traffic Center Seatbelt Mini-Grant in the
amount of $49,444.50 (See Attached) (No matching funds required.)
(Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
Development Services
25. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Development Services Department to submit and administer two
(2) project applications for Fiscal Year 2007 Safe Routes To School (SRTS)
program funding. (See Attached) (No local match required.) (Resolution not
available at time of printing.) Wards 1,2,4&7
MOTION: That said resolution be adopted.
Recommended for approval at the Ways and Means Committee meeting on
December 6, 2006 – Committee Members present: Derry and Johnson
26. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute an agreement with the San Bernardino
Convention and Visitors Bureau for financial assistance from the Civic and
Promotion Fund for the California Welcome Center. (See Attached) (Cost to
the City -- $25,000 from the General Fund for FY 2005/06.)
MOTION: That said resolution be adopted.
912/18/2006
END OF COMMITTEE CONSENT
COMMUNITY DEVELOPMENT COMMISSION
TO BE HEARD AT 4:30 P.M.
R27. Public hearing - 5 Year Housing Implementation Plan – Ten Year Affordable
Housing Compliance Plan. (Document not available at time of printing.)
Resolution of the Community Development Commission of the City of San
Bernardino adopting the Redevelopment Agency’s Five Year Housing
Implementation Plan – Housing Component 2004/05 through 2008/09 and Ten
Year Affordable Housing Compliance Plan 2004/05 through 2013/14 and
approving a Notice of Exemption. (Resolution not available at time of
printing.)
Mayor to open the hearing . . .
MOTION: That the matter be continued to January 22, 2007.
Recommended for approval at the Redevelopment Committee on December
7, 2006 -Committee Members Present: Estrada, Johnson and Baxter
R28. Amendment No. 1 to the 2005 HOME Funds Loan/Grant Agreement - AHEPA
National Housing Corporation/AHEPA Local Arrowhead 302 Chapter (Senior
Housing Complex) and Amendment to the Consolidated Plan. (Document not
available at time of printing.)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino approving an Amendment to the City’s 2005-2010
Consolidated Plan and the 2006-2007 Annual Action Plan allocating
$362,735 in Federal HOME Grant Funds to AHEPA National Housing
Corporation - AHEPA Local Arrowhead 302 Chapter. (Resolution not
available at time of printing.)
Resolution of the Community Development Commission of the City of
B.
San Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino (“Agency”) to
execute Amendment No. 1 to the 2005 HOME Funds Loan and Grant
Agreement by and between the Agency and AHEPA National Housing
Corporation - AHEPA Local Arrowhead 302 Chapter. (Resolution not
available at time of printing.)
MOTION: That said resolutions A&B, be adopted.
10 12/18/2006
R29.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
Amendment No. 2 to the January 9, 2006 Rehabilitation Grant Agreement by
and between the Agency and the San Bernardino Historical and Pioneer Society
(“Grantee”) (Heritage House Museum at 792 North “D” Street - Central City
North Redevelopment Project Area). (Document and Resolution not available
at time of printing.)
MOTION: That said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
PLANNING ITEMS
TO BE HEARD AT 4:30 P.M.
Development Services
30. Public hearing – Tentative Tract Map No. 17793 (Subdivision No. 05-48),
Variance No. 06-02, & Development Permit Type 3 No. 06-03 – a request to
subdivide 7.7 acres into 18 lots, construct 18 single-family detached homes, and
a Variance to permit one standard route of access, located on the east side of
Lynwood Way between Byron and Amanda Streets in the RS, Residential
Suburban land use district. (See Attached) (No cost to the City.) Ward 7
Mayor to open the hearing . . .
MOTION #1: That the hearing be closed; and that the Mayor and Common
Council adopt the Mitigated Negative Declaration and the
Mitigation Monitoring/Reporting Program and approve
Tentative Tract Map No. 17793 (Subdivision No. 05-48),
Variance No. 06-02, and Development Permit Type 3 No. 06-
03 based on the Findings of Fact and subject to the Conditions
of Approval and Standard Requirements; and
MOTION #2: That staff be directed to prepare an improvement agreement
related to the traffic signal and fencing; and
MOTION #3: That staff be directed to include construction of the emergency
access in the Capital Improvement Program.
11 12/18/2006
TO BE HEARD AT 4:30 P.M.
Development Services
31. Public hearing – Appeal of Planning Commission approval of Development
Permit II No. 03-48 for a Lowe’s Home Improvement Center located on the
west side of Hallmark Parkway approximately 500 feet north of University
Parkway in the UBP-2, University Business Park land use district. (See
Attached) (No cost to the City.) Ward 6
Owner/Applicant: Al Montes
Lowe’s HIW, Inc.
1530 Faraday Avenue, Suite 140
Carlsbad, CA 92008
Appellant: James M. Powell, Esq.
Ambulatory Services Corporation
4240 N. Hallmark Parkway, 2nd Floor
San Bernardino, CA 92407
Request/Location: The applicant is requesting to construct a Lowe’s Home
Improvement Center and two additional retail buildings on approximately 14.14
acres located on the west side of Hallmark Parkway approximately 500 feet
north of University Parkway in the UBP-2, University Business Park land use
district.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that the Mayor and Common
Council deny the appeal and uphold the Planning Commission’s
approval of Development Permit II No. 03-48, based upon the
Findings of Fact contained in the Planning Commission’s Staff
Report dated October 17, 2006, subject to the Conditions of
Approval, Standard Requirements (Exhibit 2) and additional
requirements proposed by the applicant (Exhibit 4).
TO BE HEARD AT 4:30 P.M.
32. Public hearing – Development Code Amendment No. 05-07 – a proposal to
amend Section 19.20.030(3) of the Development Code to modify the
development and design standards for wireless telecommunications facilities.
(See Attached)
An Ordinance of the City of San Bernardino amending Chapter 19.20 (Property
Development Standards), Section 19.20.030(3) of the San Bernardino Municipal
12 12/18/2006
Code (Development Code) related to antennas, satellite dishes, and
telecommunications facilities. FIRST READING
(Item Continued on Next Page)
32. Continued.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said ordinance be laid over
for final adoption.
END OF PLANNING ITEMS
33. 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.)
34. 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, January 8, 2007, in the Council Chambers of City
Hall, 300 North “D” Street, San Bernardino, California.
13 12/18/2006
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.
14 12/18/2006