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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 11/06/2006 2 (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: th 40 Street Redevelopment Project Area th 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 th 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 11/06/2006 3 (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 4 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 ____. 11/06/2006 5 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. 11/06/2006 6 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 thnd 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 th at Pennsylvania Avenue from Base Line Street to 16 Street 11/06/2006 7 nd (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 th 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 th 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 8 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 thth 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 9 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 11/06/2006 10 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 11/06/2006 11 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 12 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 13 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. 11/06/2006 14 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 th 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 15 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 11/06/2006 16 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 11/06/2006 17 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- 11/06/2006 18 365-5504-7569 “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 11/06/2006 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 11/06/2006 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.) 11/06/2006 21 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. 11/06/2006 22 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. 11/06/2006 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 24