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HomeMy WebLinkAbout06-Council Minutes , CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Neil Derry Chos Kelley Rikke Van Johnson Wendy McCammack - MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING DECEMBER 4, 2006 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:32 p.m., Monday, December 4, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being Mayor/Chairman Morris; Council Members/Commissioners Estrada, Councilman-elect Brinker, Derry, Kelley, Johnson, McCammack; City Penman, City Clerk Clark, City Manager Wilson. Absent: None. present: Baxter, Attorney 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): Ford Wholesale v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 124378; Michael Desrochers v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 139150. 12/0412006 , B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (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. IVDA Redevelopment Project Area (North Arden Guthrie Nei~hborhood) I. Properties and NegotiatinJl; Parties: Ramon and Maria G. Hernandez - 2140 N. Arden Avenue (APN: 1191-021- 43); Jose Quintanilla - 2104 N. Arden Avenue (APN: 1191-021-41); Luu Quang Phuoc - 2094 N. Arden Avenue (APN: 1191-021-40); Humberto Velasquez and Delmy A. Ayala - 2072 N. Arden Avenue (APN: 1191-021- 39); Larry Sf. and Andrea Estrada - 2050 N. Arden Avenue (APN: 1191-021- 38); Aaron L. Edwards - 2028 and 2004 N. Arden Avenue (APN: 1191-041- 26 and 25); Robert A. Moreno - 2123 and 2140 N. Dumbarton Avenue (APN: 1191-021-47 and 57); Mike Hong Ngan - 2005 N. Dumbarton Avenue (APN: 1191-041-28); Gloria Leynes - 2159 N. Dumbarton Avenue (APN: 1191-021- 45); Daniel Garcia - 2176 N. Dumbarton Avenue (APN: 1191-021-59); Don Friedman - 2122 N. Dumbarton Avenue (APN: 1191-021-56); Sabraj Nijjar _ 2123 and 2141 N. McKinley Avenue (APN: 1191-021-65 and 64); Miguel Flores - 2005 N. McKinley Avenue (APN: 1191-041-32); Sonia Ortiz - 2195 N. McKinley Avenue (APN: 1191-021-61); Fairbanks Capital - 2176 N. McKinley Avenue (APN: 1191-021-30); Fidelity National Title Insurance/lnce Co. - 2105 McKinley Avenue (APN: 1191-021-66); Alfonso A. and Teresa E. Hernandez - 2004 N. McKinley Avenue (APN: 1191-041-22); Silverio and Virginia Vizcaino - 2195 N. Newcomb Street (APN: 1191-021-28); Enrique and Maria Cachua - 2051 N. Newcomb Street (APN: 1191-021-20); Phuong Doan - 2005 N. Newcomb Street (APN: 1191-041-19); and Clayton & Virginia Kautzman - 2194 N. Newcomb Street (APN: 1191-021-11), as property owners and Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer 2 12/04/2006 , Under Negotiation: Purchase price. terms, and conditions City Attorney Perunan announced that the following additional case would be discussed in closed session: City of San Bernardino v. Valerie Pope-Ludlam - San Bernardino Superior Court Case No. 108965. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Reverend Paul Granillo of the Diocese of San Bernardino, followed by the pledge of allegiance, led by Councilman-elect Brinker's children, Alex and Reagan. Moment of Silence Mayor/Chairman Morris expressed condolences to the families and requested a moment of silence in memory of Rick Beswick, a renowned lawyer in the community; Pete Squires, a retired City Water Department employee; and Battalion Chief Vincent Cook, a retired City Fire Department employee. Swearing-In Ceremony A swearing-in ceremony was held for newly-elected Council Member Tobin Brinker, followed by a reception. 2. Appointments There were no commission appointments. 3. Presentations There were no presentations. 4. Announcements Announcements were made by the Mayor, members of the Common Council, and other elected officials regarding various civic and community events and activities. 3 t2/0412006 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6. Claims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated November 28, 2006, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the personnel actions, as submitted by the Chief Examiner, dated November 28,2006 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. Council Member/Commissioner McCammack stated that she had an issue with an item on the classified personnel list. It was suggested that the Council vote on the unclassified personnel action list first, take up Agenda Item No. 27, and then come back and vote on the classified personnel action list. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Estrada, that the unclassified personnel actions, as submitted by the Chief Examiner, dated December 4, 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. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 4 12/04/2006 " Note: Later in the meeting, the following action was taken on this matter. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the classified personnel actions, as submitted by the Chief Examiner, dated November 28, 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, as amended, with the deletion of Line Item No. 20. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8. RES. 2006-416 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the hiring of Arias & Lockwood to represent the City regarding the case entitled Timothy Weisenberger, et ai. v. City of San Bernardino, et ai., San Bernardino Superior Court Case No. SCVSS 134901. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-416 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. RES. 2006-412 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, reciting the facts of the Special Municipal Election and Advisory Election held on the 7th day of November 2006, declaring the results thereof and setting forth such other matters as are provided by law. Council Member/Commissioner McCanunack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-412 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 10. RES. 2006-417 - Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution 96-188 for business registration and permit fees. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 5 12/04/2006 , Resolution No. 2006-417 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. II. RES. 2006-418 - Resolution of the City of San Bernardino authorizing the Mayor to execute Agreements for Services with the firms of Ninyo & Moore, Hilltop Geotechnical, Inc., and AMEC Earth & Environmental, Inc. for geotechnical investigations and construction material testing. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-418 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. RES. 2006-419 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Parcel Map for Parcel Map No. 17003, located on the west side of Tippecanoe Avenue 750 feet north of Central A venue in the IL, Industrial Light 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. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-419 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2006-420 - Resolution of the City of San Bernardino establishing fair market value and minimum sale price for a certain City Water Department owned parcel of real property generally located northwesterly of Bonita Vista Drive, south of 40th Street and west of Del Rosa Avenue, and setting a public hearing to consider said sale. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Development Services be authorized to proceed with the sale of City Water Department property located northwesterly of Bonita Vista Drive, south of 40th Street and west of Del Rosa Avenue; and that said resolution be adopted. 6 12104/2006 , I I The motion carried and Resolution No. 2006-420 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. RES, 2006-421 - Resolution of the City of San Bernardino ordering the summary street vacation of Rollins Way north of Norman Road and east of Foisy Street. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that Plan No. 11924 showing the proposed vacation of Rollins Way, north of Norman Road and east of Foisy Street, be approved; and that said resolution be adopted. The motion carried and Resolution No. 2006-421 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2006-422 - Resolution of the City of San Bernardino authorizing and directing the execution of an easement to the City of Colton for groundwater well construction and monitoring purposes across City owned property located at 2737 W. 2nd Street (Nicholson Park). Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-422 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. Item deleted 17. RES, 2006-427 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute Amendment No.6 to the Agreement with the San Bernardino City Unified School District to provide contractual services for seventeen (17) CAPS before & after-school recreation programs at school district sites for the period July 1, 2006 through June 30, 2007 and ratifying all action taken between July 1, 2006 and the approval of the resolution. City Attorney Pemnan advised that he would have to abstain on this item because his wife is a member of the San Bernardino City Unified School District Board of Education. He added that Mr. Sabo had reviewed this item at no charge to the City. He left the Council Chambers and returned after the vote was taken. 7 12/04/2006 . Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2006-427 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2006-423 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Chief of Police to execute a Participating Agency Hold Harmless Agreement and Agency Participation Agreement with the State of California Department of Corrections. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-423 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2006-424 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City to enter into a Memorandum of Understanding with the Energy Coalition, Southern California Edison Company, and Southern California Gas Company to implement the Community Energy Partnership in the City. Council Member/Commissioner Derry indicated that he would have to abstain on this item due to the fact that he is employed by Southern California Edison. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-424 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/Commissioner Derry. Absent: None. 20. RES. 2006-425 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to an Annual Purchase Order No. 207326 to the San Bernardino Waste System Division for street sweeper dumping. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 8 12/04/2006 , Resolution No. 20011-425 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2006-426 - A Resolution of the Mayor and Common Council of the City of San Bernardino approving a Quitclaim Deed to CalMat Co., a Delaware Corporation, vacating a water utility easement to the owner of record to clear the title of the property. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-426 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. Item deleted 23. Set a public hearing for January 8, 2007, to consider adjusting the current storm drain development impact fees Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council set a public hearing for 4:30 p.m. on Monday, January 8, 2007, to consider adjustment of the storm drain development impact fees. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. Receive and file the 2005/2006 Year End Report Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council receive and file the FY 2005/2006 Year End Report. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. RES. 2006-428 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing vehicle reimbursement allowance for various City employees, and repealing Resolution 89-15. 9 12/04/2006 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2006-428 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. Establish the position of Administrative Analyst I and delete the position of Draftsperson in the Development Services Depar~ment, Public Works/ Engineering Division Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council establish the position of Administrative Analyst I, Range 4442, $4,024-$4,892 per month; that the Mayor and Common Council delete the position of Draftsperson, Range 1380, $2,954-$3,591 per month; and that the Human Resources Department be authorized to update Resolution Nos. 6413 and 97-244. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. Salary Adjustments for the Workers' Compensation Adjusters, Risk Management Specialist, Risk Manager, Workers' Compensation Manager and Human Resources Supervisor in the Human Resources Department Council Member/Commissioner McCammack requested that Motion No.5 be excluded as it was not part of the original discussion of the Personnel Committee. City Manager Wilson suggested that the Mayor and Common Council defer action on Motion NO.5 relative to the salary adjustment for the Human Resources Supervisor and that said salary adjustment be addressed as part of the upcoming classification and compensation study. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that the Mayor and Common Council: adjust the salary for two (2) Workers' Compensation Adjusters from Range 1449, $4,167- $5,065 to Range 1469, $4,604-$5,597 per month; adjust the salary for one (1) Risk Management Specialist from Range 1449, $4,167-$5,065 to Range 1485, $4,987-$6,062 per month; adjust the salary for one (1) Risk Manager from Range 4504, $5,483-$6,664 to Range 4523, $6,028-$7,327 per month; adjust the salary for one (1) Workers' Compensation Manager from Range 4504, $5,483-$6,664 to Range 4523, $6,028-$7,327 per month; and that the Human Resources Department be authorized to update Resolution Nos. 6413 and 97-244. 10 12/04/2006 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. 28. Public hearing - resolution ordering work - Ohio Avenue and Chestnut Avenue Area Landscape Maintenance Assessment District No. 1049 - Tract No. 14881 RES. 2006-413 - 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 Ohio A venue and Chestnut Avenue Area, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1049, 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/Chairman Morris opened the hearing. City Clerk Clark stated that all ballots had been returned and were in favor of the proposed assessment. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2006-413 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29. Public hearing - resolution ordering work - 6th Street and Sterling Avenue Area Landscape Maintenance Assessment District No. 1053 - Tract No. 17372 II 12/04/2006 RES. 2006-414 - 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 6th Street and Sterling A venue Area, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1053, 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/Chairman Morris opened the hearing. City Clerk Clark stated that all ballots had been returned and were in favor of the proposed assessment. No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2006-414 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 30. Public hearing - resolution ordering work - Campus Parkway and Valles Drive Area Landscape Maintenance Assessment District No. 1054 - Tract No. 17699 RES. 2006-415 - 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 Campus Parkway and Valles Drive Area, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1054, 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/Chairman Morris opened the hearing. City Clerk Clark stated that all ballots had been returned and were in favor of the proposed assessment. 12 12/04/2006 Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that she would provide true and honest testimony: Cheryl Brown, resident of San Bernardino, stated that she lives off of 16th Street and she has an existing landscape maintenance district that she pays into as a homeowner. She stated that it is not being maintained and recommended that the City look into creating some kind of policy. City Manager Wilson stated that there are certain standards the contractor has to adhere to. He stated that he would find out what was happening and would get back to Mrs. Brown. . Council Member/Commissioner McCamrnack made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2006-415 was adopted by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 31. Public hearing - resolution ordering the vacation of a portion of "I" Street, northerly of 131b Street and a portion of 13th Street, westerly of "I" Street RES. 2006-429 - Resolution of the City of San Bernardino ordering the vacation of a portion of "I" Street, northerly of 131b Street & a portion of 131b Street, westerly of "I" Street (Plan No. 11813) and reserving public utility easements therein. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the public hearing be closed; and the Findings of Fact, as set forth in the staff report from the Director of Development Services, as to why a portion of "I" Street, northerly of 13th Street and a portion of 13th Street, westerly of "I" Street is no longer necessary for public street purposes, be adopted; and that said resolution be adopted. The motion carried and Resolution No. 2006-429 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13 12/04/2006 32. RES. 2006-430 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain Police Department records, documents and papers pursuant to Section 34090 and 34090.6 of the Government Code of the State of California. (Continued from November 20, 2006) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-430 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 33. RES. 2006-431 - Resolution of the Mayor and Common Council of the City of San Bernardino rejecting the lowest bid as non-responsive and awarding bid to the next lowest responsive bidder NPG Corporation for miscellaneous street repairs as detailed in Bid Specification No. RFQ F-07-14 and authorizing the execution of an agreement and purchase order between the City of San Bernardino and NPG Corporation. (Continued from November 20, 2006) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-431 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 34. Joint workshop with the Mayor and Common Council and the Planning Commission related to the Redlands Passenger Rail Station Area Plans _ EDA Boardroom Resolution of the City of San Bernardino, approving in concept, the Redlands Passenger Rail Station Area Plans Report. Mayor Morris stated that the purpose of this meeting was to discuss the study that had been prepared by Gruen Associates with regard to the Redlands Passenger Rail Station Area Plans. He stated that the City's Multi-Modal Transit Center at the corner of "E" Street in Rialto would eventually supply a diesel transport system that would tie the City of San Bernardino with Lorna Linda and Red1ands using existing trackage. The Mayor indicated that this particular project is going to require substantial capital and estimates range in the area of $150 million to achieve this important goal. He stated that he had been advised by San Bernardino Associated 14 12/04/2006 Governments (SANBAG) that this will be achieved through Measure "I" funding, and the City will have to apply for the balance of the $75 million from competitive Federal funding. The Mayor noted that competitive Federal funding requires the City to jump through certain hoops such as land use, economic development, and cost effectiveness. He stated that he had also been advised that the Transportation Commission is changing the rules so there may be additional hoops to jump through. The Mayor noted that this is an exciting project and the action taken tonight will drive the City forward to compete for those Federal dollars at the earliest possible time so the dream to tie all east valley cities together in a modern transportation system could come true. He stated that Gruen Associates has done a remarkable job of meeting with all the constituent groups across the east valley to see how the response is to these plans and the proposed station sites. The Mayor advised that the City plans to intensify land use and create transit -oriented developments along the route from here to Redlands. Valerie Ross, Director of Development Services, stated that staff s recommendation was that the Mayor and Common Council adopt the resolution approving in concept the Redlands Rail Plan, and that staff be directed to explore options for implementing the plan. Michael Bair, Director of Transit and Rail Programs at SANBAG, provided background information on this project. He stated that SANBAG acquired the Redlands subdivision from Santa Fe back in 1993, so they own the right-of-way, which makes it easier to implement this project. Mr. Bair indicated that in 2003 they completed a preliminary feasibility study and looked at extending the traditional Metrolink service that comes into the San Bernardino Depot today. They also looked at expanding bus service through that corridor and they looked at a technology called Diesel Multiple Unit, which is a self-propelled, single-level passenger car that would operate daily between the University of Redlands and San Bernardino. Mr. Bair stated that the feasibility study showed that that would be the most appropriate kind of service to consider implementing in that corridor. Mr. Bair stated that in 2004 the voters of San Bernardino County approved an extension of Measure "I" that would provide $75 million towards this project. He noted that in August 2005, Congress passed a reauthorization of the Federal Transportation Act that created a new component within the Federal Transit Administration's (FTA) Capital Investment Program called "Small Starts." For a project to be eligible for .. Small Starts" it has to be less than $250 million in total cost, making the project eligible for up to $75 million in Federal investment. Mr. Bair stated that the language in the Congressional intent to the FT A on implementing this new program was to look at the three criteria that the Mayor mentioned-what are the land use impacts, what are the economic impacts, and 15 12/04/2006 what is the cost effectiveness of this project. Unfortunately, he stated that the FT A is moving this program more towards the new start program, which was the traditional capital investment program they offered for very large projects. Mr. Bair indicated that SANBAG is a little concerned about the direction the FTA is taking on how they are going to judge these projects, but they won't know what that criteria is until the spring of next year. Mr. Bair stated that SANBAG had decided that before they would move this project any further they would work with the cities along the corridor to identify land use opportunities to intensify development around the proposed station locations. He noted that they actually used this report to measure the impact that this kind of belt would have versus the standard development that is provided in current general plans. Elaine Carbrey, Associate Partner and head of the Planning Department at Gruen Associates, stated that in April 2006, they were retained by SANBAG, along with Parsons Transportation Group and Moore, Iacofano, Goltsman, Inc. to prepare station area plans for the Redlands Passenger Rail. She reviewed potential station sites as well as land use and economic development opportunities along the rail line. Ms. Carbrey requested that the Mayor and Common Council adopt their plans in concept and recommended that the City use the document in modifying its General Plan and Specific Plans. Mayor Morris stated that anyone interested in taking a look at what our future holds should take the Metrolink through Orange County where there are a number of impressive developments along the Metrolink line that were put together by the Olsen Company. He stated that even in this soft market those developments are doing very well. Mayor Morris advised that the cities that move the fastest and are dedicated to the idea of intensified land use and going vertical in downtown regions will be successful in their applications for Federal dollars as well as dollars from Proposition IB, which also holds monies for these kinds of exciting opportunities. The Mayor stated that the next step was to adopt a resolution approving this concept so the City could move ahead in acquiring Federal funding. John Coute, Planning Commissioner, stated that he had been following this project since its inception and he noticed that they have discussed at length many of the positive aspects of the project. However, he stated that he had not heard any of the impacts or sacrifices that would have to be made for this project, and he noted that he was not referring to the financial aspects, he was referring to traffic impacts and impacts on our safety personnel and equipment. Mr. Conte stated that he wanted to know what he could expect in traffic delays and he voiced his concern that in some ways the City may be moving backwards. He noted that 16 12/04/2006 train travel has definite advantages in some markets, but he added that he didn't necessarily feel that it was a good thing for San Bernardino. Mr. Coute stated that their main focus was to build up San Bernardino's infrastructure and retail trade, but he felt they would be putting a definite burden on small businesses by diverting some of the retail customers out of the City. Mr. Coute stated that he was also concerned that when mass transit areas such as bus stations and train stations are developed, they inunediately become havens for crime and the homeless, which would have an impact on the City. He noted that it would not be SANBAG's problem, it would become the City's problem, and we would have to call on our Police force which is already overtaxed. Mr. Coute stated that he didn't think this project would relieve traffic congestion or air quality in a significant manner to offset the disadvantages and the sacrifices everyone who lives and works in San Bernardino is going to have to make. Council Member/Commissioner Estrada stated that as the population continues to grow more of us are going to be faced with the decision of leaving our cars behind and using other modes of transportation. Mr. Coute stated that this rail system did not serve Hospitality Lane-the City's largest retail area. Council Member/Commissioner Brinker stated that Mr. Coute raised some valid issues and he stated that he would like to see them addressed by staff. He stated that two of the three stations are located in the Third Ward so he felt he needed to have a better understanding of what the impacts were going to be. Mr. Brinker suggested that this project be sent back to the Planning Commission and that it return to the Council at a later date. Mr. Bair stated that he did not think there would be a significant impact on their schedule if they had to delay this project for a few months. He stated that they still had to develop some operating costs and capital costs so they could address the cost effectiveness issue, and they still had to wait for the Federal Transit Administration to come out with its final rules on how they're going to judge these projects nation-wide. Mr. Bair advised that their intent for doing this study was to be one of the first applicants, so the longer they delay decisions from the cities on supportive land use and economic development, the further behind they will get. Mayor Morris stated that the delays in street traffic north and south as our commuter trains travel across the valley from Redlands to this community might be an interesting set of data to try to pin down. He stated that it had been alleged by Mr. Coute that we are going to drain our City treasury with tax dollars going to Redlands, but he stated that the economy flows in both directions-it's not just a loss of resources, it's a gain of resources because in large measure residents of 17 12/04/2006 Lorna Linda and Redlands would be coming to our multi-modal center to achieve transport to the rest of the region. Ken Durr, Planning Commissioner, requested that grade change information on the rail system be provided to the Planning Commission. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be referred back to the Planning Commission for review; and that it be agendized for the Planning Commission meeting of January 9, 2007, and for the Mayor and Council meeting of January 22, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Kelley, Johnson. Nays: None. Absent: Council Members/Commissioners Derry, McCammack. COMMUNITY DEVELOPMENT COMMISSION Staff Present Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Economic Development Agency Executive Director Pacheco. Absent: None. R35. RES. CDC/2006-57 - 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.1 to the Redevelopment Project Study Agreement with ICO Fund V, LLC - Central City North Redevelopment Project Area. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDC/2006-57 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18 12/0412006 . PLANNING 36. Hearing - Appeal No. 06-15 - Appeal of Planning Commission approval of Tentative Parcel Map No. 17052 and Development Permit II No. 04-54 to request elimination of a mitigation measure requiring . a fair-share contribution to the long-term operation and maintenance of the Verdemont Fire Station - project site is located on the south side of Industrial Parkway between Cable Creek and Devil Creek in the IH, Industrial Heavy land use district Mayor/Chairman Morris opened the hearing. Mayor/Chairman Morris advised that the appellant had requested a continuance on this matter until January 22,2007, and had paid the required continuance fee. No public comments were received. Council Member/Commissioner McCarmnack made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/Commission meeting of January 22, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarmnack. Nays: None. Absent: None. 37. Public Comments Wilma Riley, 500 W. 36"' Street, Apt. #8, San Bernardino, CA, inquired as to why the bus stop at 36"' and "E" Streets was removed. She stated that she had requested a meeting with Omnitrans, the Jewish Temple, and Councilman Kelley, but that meeting never took place. She requested that a meeting be held with all the parties involved in order to resolve this problem. Ms. Riley also commented on the lack of police presence in her neighborhood. Margaret Nauman, 460 W. 36"' Street, San Bernardino, CA, stated that she was also concerned about the removal of the bus stop at 36th and "E" Streets. She stated that she had been informed by Omnitrans that the bus stop was being removed at the request of Councilman Kelley because of his concern with the safety of the children attending Clare Cherry School of Congregation Emanu El. Council Member/Commissioner Kelley stated that his intent was to look out for the best interests of the residents as well as the safety of the children attending that school. He stated that a flashing yellow light will be placed at that location and the Mayor's Office has requested that the Police Department enforce the speed limit in that area. 19 12/04/2006 L , Paul W. Sanborn, 3559 Genevieve Street, San Bernardino, CA, spoke about the amount of graffiti around the City, boom boxes, and unlicensed vehicles. 38. Adjournment At 6:40 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, December 18, 2006, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RACHEL G. CLARK City Clerk BY~~~, Linda Sutherland Deputy City Clerk No. of Items: 38 No. of Hours: 5 20 12/04/2006 12/18/2006 CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Palrick J. Morris Council Members: Esther Estrada Delmis J. Baxter Tobin Brinker Neil Derry Chas Kelley Rikke Van Johnson Wendy McCammack ~ MINUTES MA YOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING DECEMBER 18, 2006 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:33 p.m., Monday, December 18, 2006, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Assistant City Manager Sassoon. Absent: Council Member/Commissioner Kelley. Council Member/Commissioner Kelley Arrived At 1:40 p.m., Council Member/Commissioner Kelley arrived at the Council/ Commission meeting. 1. Closed Session A. Conference with legal counsel - eXlstmg 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. City Attorney Penman announced that the following additional item would be discussed in closed session: Gina Meyer - Riverside City Retirement Case Nos. 0029562 and 0029561. Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Father Barnabas Laubach of St. Bernardine's Medical Center, followed by the pledge of allegiance, led by Melissa Estrada of Bradley Elementary School. 2 12/18/2006 Moment of Silence Mayor Morris requested a moment of silence in memory of Kathy Roberts, a longtime activist and volunteer in the community who passed away at the age of 76. 2. Appointment - Dr. Terry Elliott - Human Relations Commission - Council Member McCammack Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the appointment of Dr. Terry Elliott to the Human Relations Commission, as requested by Council Member McCammack, be approved. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 3. Proclamations & Presentations Mayor Morris presented a resolution of commendation to Lemuel Randolph, who has served as the City's Director of Parks, Recreation, and Community Services for the past five years and is leaving to accept a position in McKinney, Texas. Mayor Morris presented a framed resolution of recognition to Don and Marietta White, who for the past several years have loaned their dioramas of the Santa Fe Depot and a Christmas village to the City for display in the City Hall lobby. In response, Mr. White stated that he and his wife would like to donate the models permanently to the City. Council Member McCammack presented a dozen white roses to Margaret Littrell and thanked her for serving as her representative on the Human Relations Commission for the past six and one-half years. Mick McCormick of the U.S. Forestry Service accepted a check for over $58,000 from San Bernardino City firefighters, firefighter explorers, members of the Public Safety Academy, and a representative from Costco, who raised the money for the families of the five U. S. Forestry Service firefighters who recently lost their lives fighting the Esperanza fire. Additionally, City of San Bernardino firefighters recognized 13-year-old Tina Guerra of Riverside, who raised money in her neighborhood for Pablo Cerda, one of the firefighters who lost their lives, and then combined her money with the funds raised by the City firefighters and Costco. 3 12/18/2006 The following individuals were presented a service pin award by Mayor Morris in recognition of their many years of dedicated service to the City: Name Dawn Glaze Laura King Ronald Good Joe Munoz Joe Pearson Raymond Yzaguirre Michael Clark Carl Williams John Jackson Jerry Zuniga 4. Announcements Department Finance Finance Fire Fire Fire Fire Library Police Public Services Public Services Years of Service IS IO 10 25 IO 15 35 20 20 20 Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. 6. Council Minutes Ayes: Derry, Council Members/ Kelley, Johnson, Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: October 2, 2006; November 6, 2006; and November 20, 2006. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Kelley, Members/ Johnson, 4 12/18/2006 7. Claims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated November 28,2006, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. 8. Personnel Actions Ayes: Derry, Council Members/ Kelley, Johnson, Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, 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. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. 9. Approve Local Appointments List per Maddy Act Ayes: Derry, Council Members/ Kelley, Johnson, Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, 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. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 10. Resolutions authorizing the execution of a Mills Act Preservation Agreement and amending the Mills Act Program procedures RES. 2006-432 - 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. (lOA) 5 12118/2006 RES. 2006-433 - 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. (lOB) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that said resolutions A & B, be adopted. Resolution Nos. 2006-432 and 2006-433 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, 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. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 12. RES. 2006-434 - 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. City Attorney Penman submitted additional language which needed to be added to the recommended motion relative to initiation of a Development Code amendment. 6 12/18/2006 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted, and that the issue of initiating a Development Code amendment regarding surety bonds be referred to the Legislative Review Committee for its consideration and for the subsequent consideration of the Planning Commission and the Mayor and Common Council. The motion carried and Resolution No. 2006-434 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2006-435 - 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 A venue 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. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, 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 as Assessment District No. 1052; and that said resolution be adopted. The motion carried and Resolution No. 2006-435 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. Item Deleted 15. Approve FY 2005/2006 Continuing Appropriations and Encumbrance Carryovers into FY 2006/2007 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council approve carrying over the listing attached to the staff report from Barbara Pachon, Director of Finance, of FY 2005/2006 Continuing Appropriations and Encumbrances into FY 2006/07. 7 12/18/2006 The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 16. RES. 2006-436 - 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. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2006-436 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2006-437 - 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. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2006-437 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2006-438 - 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. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2006-438 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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. 8 12/18/2006 Note: The resolution was not distributed with the backup materials. Staff advised that this item needed to be continued to the next meeting of the Mayor and Common Council. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of January 8, 2007. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 20. RES. 2006-439 - 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. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2006-439 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2006-440 - 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. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted; and that the position reclassifications and salary adjustments outlined in the Staff Report, dated November 27, 2006, from Ken Fischer, Director of Public Services, be referred to the Council Personnel Committee. The motion carried and Resolution No. 2006-440 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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 1 Water Infrastructure Project 9 12/18/2006 RES. 2006-444 - 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. Mayor/Chairman Morris opened the hearing. Stacey Aldstadt, General Manager of the Water Department, advised that the Water Department had requested this hearing in order to consider a resolution of necessity in order that the Water Department can acquire both a permanent easement for pipeline and a temporary construction easement for pipeline during the construction of one of the pipelines that is necessary to move forward with some additional water supply reliability up in the northern end of San Bernardino. She stated that the department had gone through a number of engineering analyses to determine whether or not there were any alternatives to crossing this property, but there were none-that it is really the only property that is appropriate for placement of the pipeline. Ms. Aldstadt stated that presently, title to the property is somewhat in the air. The individual who owned the property is deceased, and it is staff's understanding that his estate is being probated and the eventual recipient of the property is likely to be Crestview Baptist Church. She advised that staff did make contact with principals at the church to let them know of the Water Department's interest in the property. However, their hands are somewhat tied because the State of California holds a lien on the property for medical services provided to the deceased. At this point staff is unaware of any objections that Crestview Baptist Church has to the department acquiring an easement. She advised that on August 1, 2006, the Board of Water Commissioners adopted a Notice of Exemption for the proposed installation of the pipeline; and under Section 15304(1) of the California Environmental Quality Act, the Notice of Exemption was properly filed with the County Clerk. She added that although they were not required to do so under the law, they did file an offer to purchase the property with the apparent heir and with the law firm that is probating the estate. To date they have not received any response to that offer, therefore, at this point they are moving forward with this resolution of necessity. No public comments were received. 10 121l8/2006 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2006-444 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. RES. 2006-441 - Resolution of the Mayor and Common Council of the City of San Bernardino granting an extension of the Cable Franchises with Time Warner, New York, LLC, an indirect subsidiary of Time Warner Cable, Inc., Charter Communications, and Mountain Shadows Cable. City Attorney Penman submitted a memo dated December 18, 2006, addressed to the Mayor and Common Council regarding the need to clarify the name of Time Warner Cable. He advised that all documents should state the entity's name as "Time Warner, New York, LLC, an indirect subsidiary of Time Warner Cable, Inc." Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted, as corrected by interlineations changing the name of Time Warner Cable to Time Warner, New York, LLC, an indirect subsidiary of Time Warner Cable, Inc. The motion carried and Resolution No. 2006-441 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. RES. 2006-442 - 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 SafetylUC Berkeley Traffic Center Seatbelt Mini-Grant in the amount of $49,444.50. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-442 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. RES. 2006-443 - 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. 11 12/18/2006 City Attorney Penman declared a conflict because San Bernardino City Schools is an applicant on one of the two projects and his wife is a trustee for the school district. He advised that Special Counsel Sabo had signed the resolution, left the council chambers, and returned after the vote was taken. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2006-443 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. RES. 2006-445 - 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. Council Member/Commissioner McCammack stated that she would abstain on this item because the San Manuel Band of Mission Indians is a business client and a sponsor of Route 66. She left the council chambers and returned after the vote was taken. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2006-445 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney Penman, Economic Development Agency Executive Director Pacheco and Legal Counsel Sabo, City Clerk Clark. Absent: None. R27. Public hearing - Five-Year Housing Implementation Plan - Ten-Year Affordable Housing Compliance Plan Resolution of the Community Development Commission of the City of San Bernardiuo adopting the Redevelopment Agency's Five Year Housing Implementation Plan - Housing Component 2004/05 through 2008/09 and Ten Year Affordable Housiug Compliance Plan 2004/05 through 2013/14 and approving a Notice of Exemption. 12 12/18/2006 Note: No backup materials were distributed. Mayor/Chairman Morris opened the hearing. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of January 22, 2007. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 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 RES. 2006-446 - 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. (R28A) RES. CDC/2006-58 - 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.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. (R28B) Maggie Pacheco, Executive Director of the Economic Development Agency, stated that this particular item deals with the request to add additional funding to AHEPA, the non-profit organization that is going to build a 90-unit senior complex on Gilbert Street. She stated that after looking at the revised budget and the revised City impact fees, it was determined that there was a $362,000 shortfall in the budget to complete the construction and to pay for City fees. Therefore, staff was asking for this amendment to help the AHEPA organization pay those fees. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolutions A&B, be adopted. 13 12/18/2006 Mayor and Common Council Resolution No. 2006-446 and Community Development Commission Resolution No. CDC12006-58 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R29. RES. CDC/2006-59 - 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) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. CDC/2006-59 was adopted by the following vote: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: None. Ayes: Kelley, PLANNING ITEMS 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. Mayor/Chairman Morris opened the hearing. Valerie Ross, Director of Development Services, advised that the Development Code allows for a variance of only one standard means of access if the fire chief, city engineer, and development services director agree to that and it isn't creating an immediate health and safety issue. She noted that this project is on the east of Sand Creek-that on the west is Speicher Memorial Park, and to the north are single-family houses at 2000 Pacific Street. Therefore, there is no feasible means of providing a secondary access without a costly bridge across the creek or removing some houses to punch out to Pacific. 14 12/18/2006 She stated that staff's recommendation for approval was based on the opportunity for quality infill development -that all of the 18 lots that are proposed will front on Lynwood Way, which is an existing street in that subdivision. In addition, GFR, the applicant, has agreed to install a traffic signal at Pacific and Valaria, which is the access to the area. Their fair share of that traffic signal would be 18 percent and the City would be able to reimburse them their cost of the 18 percent. She noted that traffic signals are running around $250,000 plus or minus-usually on the plus side-and staff has not yet determined if they are looking at a 4-way or 3-way signal. Ms. Ross stated that there was a lot of discussion by the Planning Commission at their meeting on September 19, and ultimately they voted 5 to 3 to recommend denial. She noted that there were residents from the neighborhood at the meeting who raised concerns regarding the lack of traffic signals and the lack of a secondary access, and these were the same concerns shared by the Planning Commission. Since that time, staff has met with GFR to discuss if there were any options for emergency access, GFR asked MAPCO to take a look, and all parties came up with a conceptual for running a 20-foot paved, no curbs street from the end of Byron westerly through the park, which could be done without adversely affecting the park activities. Ms. Ross stated that Council Member/Commissioner McCammack had received calls from residents that live in that area expressing concern that the kids leave the high school and cut through that area. Ms. McCammack asked that staff consider the idea of putting a wall or fence that would run in a north/south direction between the park and the houses that front on Eucalyptus. Ms. Ross stated that GFR proposed to do a vinyl fence, as it is easier to install if you already have additional fencing in place. In addition, graffiti abatement is easier on a vinyl fence than it is on a block wall. Thirdly, if the City looks at redeveloping the park in the future, removing a vinyl fence is a lot easier than removing a block wall. She stated that GFR estimated the cost for the fencing would be about $46,000; and that would be deducted from their park fees. Ms. Ross submitted a letter dated December 10, 2006, that was received from Richard Fawcett, one of the residents in the area, whose main concern seemed to be a second access road. Mayor/Chairman Morris inquired whether Ms. Ross had discussed the proposal for a second point of ingress and egress for the property with Mr. Fawcett, and she replied in the negative. 15 12/1812006 She explained that staff was proposing, as part of their recommendations, that the secondary access be deferred for inclusion in the Capital Improvement Program. She stated that since the Planning Commission meeting, and since staff had discussed this potential emergency access with GFR, staff has received two proposals to further subdivide property in the area that abuts the channel, and that would still leave a square piece in between. She stated that the reason for requesting that the emergency access be deferred a little bit is that if all of those three pieces develop, the developers of those properties can extend Lynwood Way down, either through their property or along the flood control property. Council Member/Commissioner McCammack stated that she had explained to some of the residents that it was Ms. Ross who insisted that they come up with some kind of secondary access for police and fire in emergency situations. She also thought this was the perfect opportunity to insist that the signal at Pacific and Valaria be placed on the books. She stated it was also an opportunity to fix the problem of kids coming from the high school and doing damage in the neighborhood by installing the fence as mentioned by Ms. Ross. She stated that she wanted to let the residents know that staff and the Council are doing everything in their power to make sure that the developer, who has been very, very amenable to all the suggestions, includes these concessions in their plans. Council Member/Commissioner Baxter stated that he went out and looked at this property some weeks ago, and he supported this project in concept; however, he was curious as to the County flood control channel that abuts that property from the back side. He questioned whether there would be any kind of problem in the future with property abutting a major flood control channel of the County. Ms. Ross stated that it would not be a problem because the project was designed to meet required setbacks and that is not an issue there. She added that every time the City has a project that is near, that may affect, or that may be affected by a County flood control facility, staff routes the project to them for review. Council Member/Commissioner Brinker asked how soon the light and/or the secondary access road would be installed if the Council approved the variance tonight. Ms. Ross stated that she would have to talk to the developer; however, if the project was approved this evening as proposed, she would recommend that it come back in January with the agreement regarding the signal and the reimbursement for same, the fence, and the park fees. There was a consensus that it would be a minimum of at least one year. 16 12/18/2006 The following individuals spoke regarding their concerns with the project: Richard Fawcett, 1449 Valaria Drive, Highland, CA, stated that he wanted the whole thing-that the emergency access road is better than nothing, but it is not the answer. He stated that he did appreciate the efforts of the contractor and Council. Darrell Smith, 2579 Amanda Street, Highland, CA, stated he had two issues. The first was the matter of public notice-they only found out about this at their local neighborhood meeting. He stated that it used to be that posters were put up on telephone poles when a development was going to come in so that all the residents could be apprised of it, and that is one of the things he would like to see addressed in the future. Secondly, on Amanda Street, going into the ballparks, there is a fence that he believed was put up by the Parks Department, but the kids have broken off rails and they come through there and have done considerable damage in the past. He stated he would like to see someone put up a fence there that can't be broken off by hand. Nelson Brown, President of the San Gorgonio Neighborhood Association, stated that they are not anti-free enterprise-they realize the homes will be built; however, all they want is for the safety aspects to be addressed. He stated that his own experience in the past has shown him that unless it is in writing, those things that the contractors promise don't always materialize. He stated he would like to see these requirements on paper with some commitment that can be enforced, if necessary. Secondly, regarding the secondary roads-what he has seen many times in his experience as a California Highway Patrolman for 29 years-is that those secondary roads are not always available because many different agencies put their locks on them, and when you try to go through those secondary roads in an emergency situation, if you don't have a pair of bolt cutters or a cutting torch, you are in trouble. He stated that he would like to see something permanently designed so the access road will be available to the emergency personnel, and in an emergency be open to the public. At the Mayor's request, Ms. Ross reviewed the map and commented on future development along the Sand Creek area and a possible full-time or open road as a secondary access. She explained that there have been two proposals, and they are still vacant land, just north of the creek all the way from the GFR property over, and staff sees the opportunity at the western edge of the GFR property to go south and run a secondary access either on the private properties involved when they develop, or on flood control properties. She noted that no one has 17 12118/2006 discussed this with flood control, so they don't know whether it would be on flood control property or privately owned property. Ultimately, this would take the road over to Arden, and then Arden could be paved to where it stops right now. At this point, insofar as the GFR project is concerned, staff will be recommending that it be addressed as part of the Capital Improvement Program during the next go-round. By that time staff should know better if either of the other properties are going to develop, which is the better way to proceed because although permanent access is better, staff doesn't know how far down the road that may be. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; 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; that staff be directed to prepare an improvement agreement related to the traffic signal and fencing; and that staff be directed to include construction of the emergency access in the Capital Improvement Program. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, City Attorney Penman advised that for years the City of San Bernardino granted illegal variances, which ultimately resulted in a lawsuit being filed in 1986 which was against the City and was successful. Three days before he took office the Superior Court declared the City's General Plan out of compliance with state law, and about nine days later the Governor's office imposed a building moratorium which stopped all building in the city. Ultimately the City was able to negotiate and only everything in the foothills was stopped- commercial and industrial were exempt south of a certain line, but housing was not-no housing in the city for over a year. He stated that it is almost impossible to make the findings for a variance, although it is not unusual for developers to approach a council person and ask for them. He explained that there are six findings that have to be made, and they all have to be made, not just one. The one most difficult to meet is the first one-that there are special circumstances applicable to the property including size, shape, topography, location, or surroundings where strict application of this Development Code deprives such property of privileges enjoyed by other properties in the vicinity under identical land use restrictions and classifications. He noted, however, that this variance was legal because of its location and 18 12/18/2006 --1 surroundings-it is located adjacent to a flood control channel. If it were not located adjacent to the flood control channel or some unique feature such as a hill or river, you would not be able to legally make this finding. 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 Mayor/Chairman Morris opened the hearing. Director of Development Services Valerie Ross stated that in addition to the 166,000-square-foot Lowe's Home Improvement Center, this development permit includes two other out parcels with 6,000- and 30,000-square-foot buildings, with the whole property being over 14 acres. The Planning Commission considered this application on October 17, and heard from James Powell, an attorney representing Hallmark Surgical Center and Hallmark MRI, medical facilities that are located northerly of the proposed Lowe's project. She stated that Mr. Powell raised concerns related to dust and vibration. After hearing staff's responses to Mr. Powell, the Planning Commission approved the project on an 8 to 0 vote, with one commissioner absent. Also, with their approval of the project, the Planning Commission certified the final Environmental Impact Report for the project. Subsequently, Mr. Powell filed an appeal of the Planning Commission's approval, and then later met with City staff and representatives from Lowe's to discuss the issues and see if they could resolve all of the concerns. During that time, Lowe's retained Michael Brandman & Associates to take another look at the dust and noise. In addition, Lowe's suggested additional provisions, which are included in the backup materials as part of staff's recommendation, and those were to give Mr. Powell and staff a greater level of comfort. Ms. Ross advised that staff does not believe there are any issues with dust or noise related to the development of the Lowe's project and this medical facility. She stated that from a construction standpoint, Lowe's is pretty standard, and they will not be using pile drivers or the heavy equipment that typically does cause vibrations. Also, the area of the city where the medical facility is located, and Lowe's is proposed to go, is quite windy; and the proposed Lowe's is down wind of the medical facility, so even if Lowe's was a bad neighbor the wind is usually not going to blow in that direction. Ms. Ross stated that staff has no reason to believe that Lowe's will not follow their conditions of approval; in fact, they are the ones who offered up additional measures to go even one step further. She stated that staff's recommendation is that the Mayor and Council deny the appeal and uphold the Planning 19 12/18/2006 Commission's approval of Development Permit II, No. 03-48 based on the Findings of Fact in the Planning Commission's staff report, subject to the conditions of approval and standard requirements and the additional provisions proposed by Lowe's. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: James Powell, 4240 North Hallmark Parkway, San Bernardino, CA, attorney for the appellant, stated that they had reviewed the proposals brought forth by Lowe's and really had no objections to those-they just wanted further assurance, which Lowe's had provided. However, his client did not advise him of this in time for him to withdraw the appeal, so if the Council wanted to accept the recommendations of staff, they have no objections at this time. Al Montes, Lowe's Site Development Division, Carlsbad, CA, stated that they had come prepared to formally present their position on this appeal; however, in light of Mr. Powell's comments, he would just say that if there were any questions or clarification needed, members of their consultant team were available to answer them. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, 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). The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 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 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 Code (Development Code) related to antennas, satellite dishes, and telecommunications facilities. FIRST READING Mayor/Chairman Morris opened the hearing. 20 12118/2006 "1 Valerie Ross, Director of Development Services, advised that staff has been aware of proposed changes on the state level which have been adopted, some of which are effective the beginning of the year. She stated that staff did not believe that would affect what is being proposed here today. She stated that the primary change being proposed by this amendment is to require a conditional use permit and a notification to all property owners within 500 feet for any antennae that is proposed to be located within 75 feet of any property either designated for residential or property that has another designation, but contains a residence on it. In addition to the notification to the property owners within 500 feet, the conditional use permit also requires a public hearing at the Planning Commission. Also, staff beefed up some of the language regarding the design of the equipment structures to make it a little bit clearer what the City is looking for in terms of architectural treatments and the leaf coverage on the monopalms and monopines, so that they are full and not the sparse ones. Council Member/Commissioner Estrada questioned whether there was any provision for fire retardant around this equipment. Ms. Ross advised that staff does have departmental standards to make sure that these projects don't get their permanent power or certificate of occupancy until all of the improvements are in. She stated that they usually require landscaping, sometimes some paving, and possibly some hardscape; but they don't like dirt and they are careful of what landscaping they permit, as they don't want anything that people can hide in. City Attorney Penman advised that one of the new things the ordinance does require is a lO-foot setback in any areas where there are residences. He noted that existing facilities do not have to conform to this, but all new ones will have to adhere to the new standards. No public comments were received. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that the hearing be closed; and that said ordinance be laid over for final adoption. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 33. Public Comments Art Guerrero, President of the Valley View Neighborhood Association, thanked Council Member/Commissioner Estrada for attending so many of their meetings and presented her with a box of candy. 21 12/18/2006 Julio Munoz, owner of a small trucking operation in the City of South Gate, voiced a complaint against a City police officer who ticketed one of his drivers and impounded the truck he was driving. Mayor Morris asked him to speak with City Attorney Penman and Senior Deputy City Attorney Simmons. City Attorney Penman did say that certain foreign licenses are honored in the state; however, they do not cover this type of vehicle. In addition, the driver had no proof of insurance, the truck was registered in the spouse's name, and there was no valid registration. He stated that the officer's actions were correct in this situation. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, distributed copies of his research disk to the mayor, members of the Council, and other elected officials; and indicated that he was trying to change his career path. 34. Adjournment At 5:14 p.m., the meeting adjourned. 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. RACHEL G. CLARK . City Clerk , ~ -, I I t . / .0}. ---+-- I) By: Jx Y',~ ,c- L I '71-'1/170 Linda E. Hartzel ,J Deputy City Clerk No. of Items: 34 No. of Hours: 3.75 22 1211812006