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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