HomeMy WebLinkAbout05-21-2007 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, MAY 21, 2007 ? 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.
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.
CLOSED SESSION
1. Pursuant to Government Code Section(s):
105/21/2007
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):
J.R., et al. v. City of San Bernardino ? United States District Court Case
No. 05-1045 JWJ;
Singleton v. City of San Bernardino, et al. ? San Bernardino Superior
Court Case No. SBVSS 126289;
City of San Bernardino v. California Electric Power Company, et al. ?
San Bernardino Superior Court Case No. SCVSS 134263.
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:
1. Inland Communities Corp. v. City of San Bernardino, et al.
(Paradise Hills)
2. Claim filed by the City of Riverside/The Gage Canal Company
C. Conference with legal counsel ? anticipated litigation ? initiation of
litigation ? pursuant to subdivision (c) of Government Code Section
54956.9: one case
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
205/21/2007
RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
A. Council Member Baxter ? Education Bridge Ad Hoc Committee ?
Mayor Morris. (See Attached)
B. Council Member Estrada ? Education Bridge Ad Hoc Committee ?
Mayor Morris. (See Attached)
C. Alycia D. Enciso ? Historic Preservation Commission ? Council
Member McCammack.
D. Mary Sue Atanasova ? Fine Arts Commission ? Council Member
Baxter.
E. Nick Cataldo ? Historical Preservation Commission ? Council Member
Kelley.
MOTION: That the appointments of Council Member Baxter,
Council Member Estrada, Alycia Enciso, Mary Sue
Atanasova, and Nick Cataldo, 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
25 be adopted except for ____, ____, ____, ____, and ____.
305/21/2007
5. Waive full reading of resolutions and ordinances.
MOTION: That full reading of the resolutions and ordinances on the regular,
supplemental and addendum to the supplemental agendas of the
Mayor and Common Council and Community Development
Commission, be waived.
6. Council Minutes. (See Attached)
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: March 21, 2007 (Distributed on 5/15/07)
7. Personnel Actions. (See Attached)
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated May 18, 2007 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
8. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between
Mundell, Odlum & Haws and the City of San Bernardino in the case of San
Bernardino Police Officers Association v. City of San Bernardino, a municipal
corporation; Michael Billdt, individually and as Chief of Police for the San
Bernardino Police Department; and Does 1 through 10, inclusive. (Document
and Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
9. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between
Mundell, Odlum & Haws and the City of San Bernardino in the Civil Service
Hearing of Steve Lowes. (Document and Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
405/21/2007
Council Office
10. Report to Mayor and Council on subject matter related to Municipal Governance
learned while attending the April 2007 International Municipal Lawyers
Association Conference. (See Attached)
MOTION: That the report be discussed, received and filed.
City Manager
11. Set budget hearing dates for June 7, 14, 21, 2007 in the Economic Development
Agency Boardroom to review Fiscal Year 2007/2008 Budget. (See Attached)
MOTION: That the Mayor and Common Council set the Fiscal Year
2007/08 budget workshop dates for Thursdays, June 7, 14, & 21,
2007, at 4:30 p.m. in the Economic Development Agency
Boardroom to review the Fiscal Year 2007/08 City and Economic
Development Agency budgets.
LAID OVER FROM MAY 7, 2007
Council Office
12. An Ordinance of the City of San Bernardino amending Chapter 8.54 of the San
Bernardino Municipal Code regarding noise. FINAL READING. (Backup
material distributed on May 7, 2007, Item No. 30.)
MOTION: That said ordinance be adopted.
Development Services
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 Olive Avenue and Belmont
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. 1051;
preliminarily approving the Engineer?s report and giving notice of a public
hearing. (See Attached) (No Cost to the City -- $5,900 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 Olive
Avenue and Belmont Avenue area (Tract No. 17396), to be
505/21/2007
known as Assessment District No. 1051; and that said resolution
be adopted.
14. 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 Pine Avenue and Redwood Street
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. 1055;
preliminarily approving the Engineer?s report and giving notice of a public
hearing. (See Attached) (No cost to City - $5,900 processing fee paid by
developer.) (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 Pine
Avenue and Redwood Street area (Tract No. 17716), to be known
as Assessment District No. 1055; and that said resolution be
adopted.
15. 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 4285 North Fourth Avenue. (See
Attached) (No Cost to City - $1,300 processing fee paid by applicant.)
(Resolution not available at time of printing.)
th
partially surrounded by 5 Ward
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 4285 N. Fourth
Avenue; and that said resolution be adopted.
16. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the final map for Tract Map No. 17704, located between Sierra Way
rd
and Waterman Avenue on the North side of 3 Street in the CG-2, Commercial
General 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 City.) (Resolution not available at time of printing.)
Ward 1
605/21/2007
MOTION: That said resolution be adopted.
17. Resolution of the City of San Bernardino authorizing and directing execution of
a license and agreement with JKS-Marshall Plaza LLC, a Delaware Limited
Liability Company for encroachment of an overhanging façade and
appurtenances in the right-of-way of a public alley located south of Second
Street and west of ?G? Street. (See Attached) (No cost to City.) (Resolution
not available at time of printing.) Ward 1
MOTION: That the matter be continued to June 4, 2007.
18. Resolution of the City of San Bernardino authorizing execution of a cooperative
agreement between the City of San Bernardino and the County of San
Bernardino for pavement rehabilitation of Cajon Boulevard from 0.22 miles
northwest of Palm Avenue to 0.05 miles northwest of Rex Cole Road (SS07-
06). (See Attached) (Cost to City - $226,338 from the Gas Tax Fund.)
(Resolution not available at time of printing.) Ward 6
MOTION: That said resolution be adopted.
19. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the final map for Tract Map No. 17076, located on the southwest
corner of Pepper Avenue and Rialto Avenue in the RS, Residential Suburban
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 City) (Resolution not available at time of printing.) Ward 3
MOTION: That said resolution be adopted.
Facilities Management
20. 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 three one-year options to Arrow Power Sweeping, Inc. for parking lot
sweeping services for the Carousel Mall and the Five-Level Parking Structure in
the amount of $59,900.00. (See Attached) (Cost to City - $59,900.00 from
the General Fund.) (Resolution not available at time of printing.) Ward 1
705/21/2007
MOTION: That said resolution be adopted.
Fire
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Director of Finance or designee to issue a Purchase Order to
Zoll Medical Corporation in the amount of $95,791.83 for the purchase of
defibrillators and accessories. (See Attached) (Cost to the City - $95,791.83 --
$11,384.66 from 2004 Metropolitan Medical Response Grant (MMRS);
$62,819.10 from 2006 MMRS; $21,588.07 from the General Fund.)
(Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
Library
22. Budget amendment to augment the library book expenditure account by an
additional $38,000 received from the State Library Public Library Fund. (See
Attached)
MOTION: That the Director of Finance be authorized to amend the Fiscal
Year 2006/07 Library budget and increase the Library?s book
account (Account No. 105-471-5123) by $38,000 and increase in
a corresponding amount Library PLF revenues (Account No.
105-000-4618).
Parks, Recreation & Community Services
23. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a Professional Services Agreement with
RHA Landscape Architects-Planners, Inc., in the amount of $135,300 for the
purpose of preparing the plans and specifications for the Electric Avenue
Historic Park Project. (See Attached) (Cost to the City -- $135,300: $10,300
from the Park & Facility Design and $125,000 from Electric Avenue
Greenbelt Design.) (Resolution not available at time of printing.) Ward 4
MOTION: That said resolution be adopted.
Public Services
24. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing submittal of 2007/08 Used Oil and Filter Recycling Block Grant
application for grant funds from the California Integrated Waste Management
805/21/2007
Board. (See Attached) ($51,659.00 in grant funds, No matching funds
required by City.) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
25. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing submittal of the funding request form to the Department of
Conservation, Division of Recycling for California Beverage Container
Recycling and Litter Reduction Activities. (See Attached) ($53,638.00 in grant
funds. No matching funds required by City.) (Resolution not available at
time of printing.) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
26. Public Hearing ? resolution ordering work ? Chiquita Lane and Date Street
Area Landscape Maintenance Assessment District No. 1060 (Tract No. 17576).
(See Attached) (No cost to City - $4,000 processing fee paid by applicant)
Ward 4
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
Chiquita Lane and Date Street Area, approving the final Engineer?s Report,
creating an assessment district to cover the costs of said maintenance, known as
Assessment District No. 1060, 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.
(4/5 vote required)
TO BE HEARD AT 4:00 P.M.
CONTINUED FROM MAY 7, 2007
905/21/2007
27. Public Hearing ? resolution ordering work ? Mill Street and Meridian Avenue
Area Landscape Maintenance Assessment District No. 1061 ? Tract No. 17218.
(No cost to the City -- $5,900 processing fee paid by applicant.) (Backup
material was distributed on May 7, 2007, Item No. 34.) Ward 6
(Item Continued on Next Page)
27. Continued.
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 Mill
Street and Meridian Avenue area, approving the Final Engineer?s Report,
creating an assessment district to cover the costs of said maintenance, known as
Assessment District No. 1061, 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.
The hearing remains open . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
(4/5 vote required)
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM NOVEMBER, 2006
Development Services
28. 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
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, No. 12; item
was continued to August 18, 2003, Item No. 27; 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; item was continued to May 15, 2006, Item
No. 38; item was continued to November 6, 2006, No. 44; item continued to
May 21, 2007.)
10 05/21/2007
MOTION: That the Mayor and Common Council approve the request for
continuance of the Final Map for Tentative Tract No. 14112, to
November 19, 2007.
END OF CONTINUED ITEMS
PLANNING
TO BE HEARD AT 4:30 P.M.
CONTINUED FROM MAY 7, 2007
29. Public Hearing - Conditional Use Permit No. 06-24 (Appeal No. 07-02) ? an
appeal of a Planning Commission approval of additional antennas and equipment
at an existing communication tower site, with a requirement to replace the
existing non-stealth monopole tower with a monopine ? project site is located at
1093 West 5th Street in the CH, Commercial Heavy, land use district. (No cost
to the City.) (Backup material was distributed on May 7, 2007, Item No.
43.) Ward 1
Owner: Albert R. Okura
1398 N. ?E? Street
San Bernardino, CA 92405
Appellant: Royal Street Communications
John Beke
547 El Encino Drive
Diamond Bar, CA 91765
Request/Location: The appellant is appealing the Planning Commission?s
approval of Conditional Use Permit No. 06-24 to install additional antennas on
an existing 60-foot non-stealth monopole telecommunications towers and
additional equipment on the ground. The subject property is located at 1093 W.
5th Street.
The hearing remains open . . .
MOTION: That the hearing be closed; and that the Mayor and Common
Council deny Appeal No. 07-02 and uphold the Planning
Commission?s approval of Conditional Use Permit No. 06-24.
TO BE HEARD AT 4:30 P.M.
11 05/21/2007
30. Public Hearing - Specific Plan Amendment No. 06-03, Tentative Parcel Map
No. 17887, Variance No. 07-08 and Development Permit II No. 06-06 -
Hillwood Southgate Project. (See Attached) (No cost to City.) Ward 1
Owner/Applicant: Hillwood Investment Properties
Ned Sciortino
105 N. Leland Norton Way, Suite 3
San Bernardino, CA 92408
(Item Continued on Next Page)
30. Continued.
Owner/Lessee: Inland Valley Development Agency
Mike Burrows
294 S. Leland Norton Way, Suite 1
San Bernardino, CA 92408
Request/Location: The Inland Valley Development Agency (IVDA) submitted
an application to amend the San Bernardino International Trade Center Specific
Plan. Hillwood Investment Properties, LLC, submitted applications to construct
warehouse/distribution facilities and consolidate parcels and resubdivide for the
project. The proposed distribution centers will be located on approximately 159
acres located east of Tippecanoe Avenue, south of San Bernardino International
Airport, and north of the Santa Ana River.
Resolution of the City of San Bernardino adopting Specific Plan Amendment
No. 06-03, to amend the San Bernardino International Trade Center Specific
Plan. (Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that the Mayor and Common
Council adopt the resolution to amend the Specific Plan and
approve Tentative Parcel Map No. 17887, Variance No. 07-08,
and Development Permit II No. 06-06, based upon the Findings
of Fact and subject to the Conditions of Approval and Standard
Requirements.
END OF PLANNING ITEMS
STAFF REPORTS
City Attorney
12 05/21/2007
31. Ordinance of the City of San Bernardino amending Section 9.69 of the San
Bernardino Municipal Code. FIRST READING (See Attached)
MOTION: That said ordinance be laid over for final adoption.
END OF STAFF REPORTS
32. 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.)
33. 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, June 4, 2007, in the Council Chambers of City Hall,
300 North ?D? Street, San Bernardino, California.
13 05/21/2007
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 05/21/2007