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HomeMy WebLinkAbout05-21-2007 Reg. Agenda Mayor Patrick J. Morris CITY OF SAN BERNARDINO Council Members: Esther Estrada 300 N. ?D? Street Dennis J. Baxter San Bernardino, CA 92418 Tobin Brinker Neil Derry Website: www.sbcity.org Chas Kelley Rikke Van Johnson Wendy McCammack AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, MAY 21, 2007 ? 1:30 P.M. COUNCIL CHAMBERS The City of San Bernardino recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Director of Facilities Management (384-5244) two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. CALL TO ORDER: ___________________________________________ PRESENT: ___________________________________________ ABSENT: ___________________________________________ PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to ?share? his/her three minutes with any other member of the public. CLOSED SESSION 1. Pursuant to Government Code Section(s): 105/21/2007 MOTION: That the Mayor and Common Council and Community Development Commission recess to closed session for the following: A. Conference with legal counsel ? existing litigation ? pursuant to Government Code Section 54956.9(a): J.R., et al. v. City of San Bernardino ? United States District Court Case No. 05-1045 JWJ; Singleton v. City of San Bernardino, et al. ? San Bernardino Superior Court Case No. SBVSS 126289; City of San Bernardino v. California Electric Power Company, et al. ? San Bernardino Superior Court Case No. SCVSS 134263. B. Conference with legal counsel ? anticipated litigation ? significant exposure to litigation ? pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: 1. Inland Communities Corp. v. City of San Bernardino, et al. (Paradise Hills) 2. Claim filed by the City of Riverside/The Gage Canal Company C. Conference with legal counsel ? anticipated litigation ? initiation of litigation ? pursuant to subdivision (c) of Government Code Section 54956.9: one case D. Closed Session ? personnel ? pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public?s right of access to public services or public facilities ? pursuant to Government Code Section 54957. F.Conference with labor negotiator ? pursuant to Government Code Section 54957.6. G. Conference with real property negotiator ? pursuant to Government Code Section 54956.8. END OF CLOSED SESSION 205/21/2007 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Council Member Baxter ? Education Bridge Ad Hoc Committee ? Mayor Morris. (See Attached) B. Council Member Estrada ? Education Bridge Ad Hoc Committee ? Mayor Morris. (See Attached) C. Alycia D. Enciso ? Historic Preservation Commission ? Council Member McCammack. D. Mary Sue Atanasova ? Fine Arts Commission ? Council Member Baxter. E. Nick Cataldo ? Historical Preservation Commission ? Council Member Kelley. MOTION: That the appointments of Council Member Baxter, Council Member Estrada, Alycia Enciso, Mary Sue Atanasova, and Nick Cataldo, be approved. 3. Presentations. A. Service Pin Awards Ceremony. 4. Announcements by Mayor and Common Council. All Consent Calendar items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or other interested persons so request, in which event the item will be removed from the Consent Calendar and considered in its normal sequence on the agenda. Information concerning Consent Calendar items is available for public review. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 25 be adopted except for ____, ____, ____, ____, and ____. 305/21/2007 5. Waive full reading of resolutions and ordinances. MOTION: That full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council and Community Development Commission, be waived. 6. Council Minutes. (See Attached) MOTION: That the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: March 21, 2007 (Distributed on 5/15/07) 7. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated May 18, 2007 in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. City Attorney 8. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odlum & Haws and the City of San Bernardino in the case of San Bernardino Police Officers Association v. City of San Bernardino, a municipal corporation; Michael Billdt, individually and as Chief of Police for the San Bernardino Police Department; and Does 1 through 10, inclusive. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odlum & Haws and the City of San Bernardino in the Civil Service Hearing of Steve Lowes. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 405/21/2007 Council Office 10. Report to Mayor and Council on subject matter related to Municipal Governance learned while attending the April 2007 International Municipal Lawyers Association Conference. (See Attached) MOTION: That the report be discussed, received and filed. City Manager 11. Set budget hearing dates for June 7, 14, 21, 2007 in the Economic Development Agency Boardroom to review Fiscal Year 2007/2008 Budget. (See Attached) MOTION: That the Mayor and Common Council set the Fiscal Year 2007/08 budget workshop dates for Thursdays, June 7, 14, & 21, 2007, at 4:30 p.m. in the Economic Development Agency Boardroom to review the Fiscal Year 2007/08 City and Economic Development Agency budgets. LAID OVER FROM MAY 7, 2007 Council Office 12. An Ordinance of the City of San Bernardino amending Chapter 8.54 of the San Bernardino Municipal Code regarding noise. FINAL READING. (Backup material distributed on May 7, 2007, Item No. 30.) MOTION: That said ordinance be adopted. Development Services 13. Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Olive Avenue and Belmont Avenue area without compliance with the special assessment investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the District, to be known as Assessment District No. 1051; preliminarily approving the Engineer?s report and giving notice of a public hearing. (See Attached) (No Cost to the City -- $5,900 processing fee paid by applicant) (Resolution not available at time of printing.) Ward 5 MOTION: That the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment District in the Olive Avenue and Belmont Avenue area (Tract No. 17396), to be 505/21/2007 known as Assessment District No. 1051; and that said resolution be adopted. 14. Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Pine Avenue and Redwood Street area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the District, to be known as Assessment District No. 1055; preliminarily approving the Engineer?s report and giving notice of a public hearing. (See Attached) (No cost to City - $5,900 processing fee paid by developer.) (Resolution not available at time of printing.) Ward 5 MOTION: That the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90 with the establishment of a Landscape Maintenance Assessment District in the Pine Avenue and Redwood Street area (Tract No. 17716), to be known as Assessment District No. 1055; and that said resolution be adopted. 15. Resolution of the City of San Bernardino making application to the Local Agency Formation Commission for providing City sewer services to property within unincorporated territory located at 4285 North Fourth Avenue. (See Attached) (No Cost to City - $1,300 processing fee paid by applicant.) (Resolution not available at time of printing.) th partially surrounded by 5 Ward MOTION: That the Director of Development Services be authorized to initiate proceedings for the provision of City sewer services outside of City boundaries for property located at 4285 N. Fourth Avenue; and that said resolution be adopted. 16. Resolution of the Mayor and Common Council of the City of San Bernardino approving the final map for Tract Map No. 17704, located between Sierra Way rd and Waterman Avenue on the North side of 3 Street in the CG-2, Commercial General land use district, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. (See Attached) (No cost to City.) (Resolution not available at time of printing.) Ward 1 605/21/2007 MOTION: That said resolution be adopted. 17. Resolution of the City of San Bernardino authorizing and directing execution of a license and agreement with JKS-Marshall Plaza LLC, a Delaware Limited Liability Company for encroachment of an overhanging façade and appurtenances in the right-of-way of a public alley located south of Second Street and west of ?G? Street. (See Attached) (No cost to City.) (Resolution not available at time of printing.) Ward 1 MOTION: That the matter be continued to June 4, 2007. 18. Resolution of the City of San Bernardino authorizing execution of a cooperative agreement between the City of San Bernardino and the County of San Bernardino for pavement rehabilitation of Cajon Boulevard from 0.22 miles northwest of Palm Avenue to 0.05 miles northwest of Rex Cole Road (SS07- 06). (See Attached) (Cost to City - $226,338 from the Gas Tax Fund.) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. 19. Resolution of the Mayor and Common Council of the City of San Bernardino approving the final map for Tract Map No. 17076, located on the southwest corner of Pepper Avenue and Rialto Avenue in the RS, Residential Suburban land use district, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. (See Attached) (No cost to City) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. Facilities Management 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a contract and issuance of an annual purchase order with three one-year options to Arrow Power Sweeping, Inc. for parking lot sweeping services for the Carousel Mall and the Five-Level Parking Structure in the amount of $59,900.00. (See Attached) (Cost to City - $59,900.00 from the General Fund.) (Resolution not available at time of printing.) Ward 1 705/21/2007 MOTION: That said resolution be adopted. Fire 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance or designee to issue a Purchase Order to Zoll Medical Corporation in the amount of $95,791.83 for the purchase of defibrillators and accessories. (See Attached) (Cost to the City - $95,791.83 -- $11,384.66 from 2004 Metropolitan Medical Response Grant (MMRS); $62,819.10 from 2006 MMRS; $21,588.07 from the General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Library 22. Budget amendment to augment the library book expenditure account by an additional $38,000 received from the State Library Public Library Fund. (See Attached) MOTION: That the Director of Finance be authorized to amend the Fiscal Year 2006/07 Library budget and increase the Library?s book account (Account No. 105-471-5123) by $38,000 and increase in a corresponding amount Library PLF revenues (Account No. 105-000-4618). Parks, Recreation & Community Services 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Professional Services Agreement with RHA Landscape Architects-Planners, Inc., in the amount of $135,300 for the purpose of preparing the plans and specifications for the Electric Avenue Historic Park Project. (See Attached) (Cost to the City -- $135,300: $10,300 from the Park & Facility Design and $125,000 from Electric Avenue Greenbelt Design.) (Resolution not available at time of printing.) Ward 4 MOTION: That said resolution be adopted. Public Services 24. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submittal of 2007/08 Used Oil and Filter Recycling Block Grant application for grant funds from the California Integrated Waste Management 805/21/2007 Board. (See Attached) ($51,659.00 in grant funds, No matching funds required by City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submittal of the funding request form to the Department of Conservation, Division of Recycling for California Beverage Container Recycling and Litter Reduction Activities. (See Attached) ($53,638.00 in grant funds. No matching funds required by City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. 26. Public Hearing ? resolution ordering work ? Chiquita Lane and Date Street Area Landscape Maintenance Assessment District No. 1060 (Tract No. 17576). (See Attached) (No cost to City - $4,000 processing fee paid by applicant) Ward 4 Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the Chiquita Lane and Date Street Area, approving the final Engineer?s Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1060, ordering the work, confirming the 2007-2008 assessment roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. (4/5 vote required) TO BE HEARD AT 4:00 P.M. CONTINUED FROM MAY 7, 2007 905/21/2007 27. Public Hearing ? resolution ordering work ? Mill Street and Meridian Avenue Area Landscape Maintenance Assessment District No. 1061 ? Tract No. 17218. (No cost to the City -- $5,900 processing fee paid by applicant.) (Backup material was distributed on May 7, 2007, Item No. 34.) Ward 6 (Item Continued on Next Page) 27. Continued. Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the Mill Street and Meridian Avenue area, approving the Final Engineer?s Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1061, ordering the work, confirming the 2007-2008 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. The hearing remains open . . . MOTION: That the hearing be closed; and that said resolution be adopted. (4/5 vote required) END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM NOVEMBER, 2006 Development Services 28. Approve request for continuance of Tentative Tract No. 14112 located northeasterly of the intersection of Foothill Drive and Sterling Avenue. (New staff report attached) (Original backup material was distributed on December 3, 2001, Item No. 28; item was continued to March 4, 2002, Item No. 24; item was continued to June 3, 2002, Item No. 26; item was continued to December 2, 2002, Item No. 28; item was continued to January 21, 2003, Item No. 28; item was continued to May 19, 2003, No. 12; item was continued to August 18, 2003, Item No. 27; item was continued to May 17, 2004, Item No. 20; item was continued to November 15, 2004, Item No. 38; item was continued to May 15, 2005, Item No. 36; item was continued to November 21, 2005, Item No. 26; item was continued to May 15, 2006, Item No. 38; item was continued to November 6, 2006, No. 44; item continued to May 21, 2007.) 10 05/21/2007 MOTION: That the Mayor and Common Council approve the request for continuance of the Final Map for Tentative Tract No. 14112, to November 19, 2007. END OF CONTINUED ITEMS PLANNING TO BE HEARD AT 4:30 P.M. CONTINUED FROM MAY 7, 2007 29. Public Hearing - Conditional Use Permit No. 06-24 (Appeal No. 07-02) ? an appeal of a Planning Commission approval of additional antennas and equipment at an existing communication tower site, with a requirement to replace the existing non-stealth monopole tower with a monopine ? project site is located at 1093 West 5th Street in the CH, Commercial Heavy, land use district. (No cost to the City.) (Backup material was distributed on May 7, 2007, Item No. 43.) Ward 1 Owner: Albert R. Okura 1398 N. ?E? Street San Bernardino, CA 92405 Appellant: Royal Street Communications John Beke 547 El Encino Drive Diamond Bar, CA 91765 Request/Location: The appellant is appealing the Planning Commission?s approval of Conditional Use Permit No. 06-24 to install additional antennas on an existing 60-foot non-stealth monopole telecommunications towers and additional equipment on the ground. The subject property is located at 1093 W. 5th Street. The hearing remains open . . . MOTION: That the hearing be closed; and that the Mayor and Common Council deny Appeal No. 07-02 and uphold the Planning Commission?s approval of Conditional Use Permit No. 06-24. TO BE HEARD AT 4:30 P.M. 11 05/21/2007 30. Public Hearing - Specific Plan Amendment No. 06-03, Tentative Parcel Map No. 17887, Variance No. 07-08 and Development Permit II No. 06-06 - Hillwood Southgate Project. (See Attached) (No cost to City.) Ward 1 Owner/Applicant: Hillwood Investment Properties Ned Sciortino 105 N. Leland Norton Way, Suite 3 San Bernardino, CA 92408 (Item Continued on Next Page) 30. Continued. Owner/Lessee: Inland Valley Development Agency Mike Burrows 294 S. Leland Norton Way, Suite 1 San Bernardino, CA 92408 Request/Location: The Inland Valley Development Agency (IVDA) submitted an application to amend the San Bernardino International Trade Center Specific Plan. Hillwood Investment Properties, LLC, submitted applications to construct warehouse/distribution facilities and consolidate parcels and resubdivide for the project. The proposed distribution centers will be located on approximately 159 acres located east of Tippecanoe Avenue, south of San Bernardino International Airport, and north of the Santa Ana River. Resolution of the City of San Bernardino adopting Specific Plan Amendment No. 06-03, to amend the San Bernardino International Trade Center Specific Plan. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Mayor and Common Council adopt the resolution to amend the Specific Plan and approve Tentative Parcel Map No. 17887, Variance No. 07-08, and Development Permit II No. 06-06, based upon the Findings of Fact and subject to the Conditions of Approval and Standard Requirements. END OF PLANNING ITEMS STAFF REPORTS City Attorney 12 05/21/2007 31. Ordinance of the City of San Bernardino amending Section 9.69 of the San Bernardino Municipal Code. FIRST READING (See Attached) MOTION: That said ordinance be laid over for final adoption. END OF STAFF REPORTS 32. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission on a matter not on the agenda. No member of the public shall be permitted to ?share? his/her three minutes with any other member of the public. (Usually any items heard under this heading are referred to staff for further study, research, completion and/or future Council/Commission action.) 33. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, June 4, 2007, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 13 05/21/2007 NOTICE: Any member of the public may address this meeting of the Mayor and Common Council/Community Development Commission on any item appearing on the agenda by approaching the microphone in the Council Chambers when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and Common Council/Community Development Commission concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and Common Council/Community Development Commission, may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed forty-five (45) minutes, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to ?share? his/her three minutes with any other member of the public. The Mayor and Common Council/Community Development Commission may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and Common Council/Community Development Commission. However, no other action shall be taken nor discussion held by the Mayor and Common Council/Community Development Commission on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. 14 05/21/2007