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HomeMy WebLinkAbout12-18-2006 MinutesMayor Patrick J. Morns CITY OF SAN BERNARDINO Council Members: Esther Estrada Dennis300 N. "D" Street J. Baxter San Bernardino, CA 92418 Tobin Brinker Website: www.sbcity.org Neil Derry Chas Kelley San Bernar ino Rikke Van Johnson Wendy McCammack MTNT TTES MAYOR 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 "D" 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 - 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; 1 12/18/2006 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: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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 M 5. 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 Department Years of Service Dawn Glaze Finance 15 Laura King Finance 10 Ronald Good Fire 10 Joe Munoz Fire 25 Joe Pearson Fire 10 Raymond Yzaguirre Fire 15 Michael Clark Library 35 Carl Williams Police 20 John Jackson Public Services 20 Jerry Zuniga Public Services 20 Announcements 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. 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: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6. Council Minutes 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: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 4 12/18/2006 7 E 0 10. 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 Commissioner McCammack. carried by t s Estrada, Nays: None. Personnel Actions he following vote: Baxter, Brinker, Absent: None. Ayes: Council Members/ Derry, 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 Commissioner McCammack. carried by t s Estrada, Nays: None. he following vote: Baxter, Brinker, Absent: None. Ayes: Council Members/ Derry, Kelley, Johnson, Approve Local Appointments List per Maddy Act 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: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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. (10A) 5 12/18/2006 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. (10B) 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: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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 13 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. 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 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. 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: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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(f) 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 12/18/2006 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 Safety/UC 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 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. 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: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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. CDC/2006-58 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: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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 staffs 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 12/18/2006 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 12/18/2006 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: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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 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 staffs 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: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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 12/18/2006 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 10-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: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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. No. of Items: 34 No. of Hours: 3.75 RACHEL G. CLARK City Clerk 7� Q By:� Linda E. Hartzel Deputy City Clerk 22 12/18/2006