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HomeMy WebLinkAbout08-17-1992 Reg Mtg T AGENDA REGULAR MEETING MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MONDAY, AUGUST 17, 1992 - 8: 30 A.M. COUNCIL CHAMBERS CALL TO ORDER ROLL CALL PRESENT: ABSENT: CLOSED SESSIONS 1 . The Mayor and Common Council and Community Development Commission will recess to closed session for the following: a. to give instruction to the City' s/Commission' s negotiator on the purchase of property pursuant to Government Code Section 54956 . 8 . The real property which the negotiations concern is generally located at: b. to consider personnel matters pursuant to Government Code Section 54957 ; C . to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957 . 6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public ' s right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956 . 9(b) ( 1) , as there is significant exposure to litigation; 1 8/17/92 f . to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956 .9 (c) , so that Council/Commission may decide whether to initiate litigation; g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956 .9 (a) as follows : Stubblefield Construction Company, et al vs . City of San Bernardino, et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; County vs . City of San Bernardino (RDA) - San Bernardino Superior Court Case No. 258241; Saab vs . City of San Bernardino - Fourth District Court of Appeals Case No. E008652 ; City of San Bernardino vs . Liberty Cable T.V. , et al- United States District Court Case No. 82-6876 WMB; City of San Bernardino vs . County of San Bernardino, et al- Riverside Superior Court Case No. 207900; City of San Bernardino vs . Skadron - San Bernardino Superior Court Case No. 266719; Amrut N. Patel, et al vs . James F. Penman, et al, - United States District Court Case No. CV91-1420 RG (Kx) ; Francis Kwai Chong Foo vs . James F. Penman, et al, - United States District Court Case No. CV91-3056 RG (Kx) ; Janet Summerfield vs . William R. Holcomb, et al, - United States District Court Case No. SACV 91-731 AHS (RWR) ; Tomas Armendariz , et al vs . James F. Penman, et al, - United States District Court Case No. 91-5757 CMB (JRx) ; DeNavarette vs . City of San Bernardino - San Bernardino Superior Court Case No. 257365; 2 8/17/92 City of San Bernardino vs . Willowoods - San Bernardino Superior Court Case No. 249477 ; Bashaw vs . City of San Bernardino - San Bernardino Superior Court Case No. 239366; Garcia vs . City of San Bernardino - San Bernardino Superior Court Case No. 249518. END OF CLOSED SESSION 3 8/17/92 RECONVENE MEETING - 9 :30 A.M. ROLL CALL PRESENT: ABSENT: INVOCATION: PLEDGE: 2 . Announcements by Mayor and Council. 3 . PUBLIC COMMENTS ON ITEMS NOT ON AGENDA: A five-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council on a matter not on the agenda. No member of the public shall be permitted to "share" his/her five minutes with any other member of the public. (Usually, any items received under this heading are referred to staff for further study, research, completion and/or future Council action. ) 4 . Appointments/Presentations . Michael B. Coleman - Traffic Safety Advisory Committee - Mayor Holcomb. (Resume is available in City Clerk's Office) Service Pin Award Ceremony. (See Attached) CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 25 be adopted except for 1 , 1/ , and 5. wai further reading of resolutions and ordinances . OTION• ! That further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. 4 8/17/92 (Consent Calendar continued) 6 . Council Minutes. MOTION: ') That the minutes of the following mdetings of the Mayor and Common Council of the City of San Bernardino , be approved as submitted in typewritten form: � l May 18, 1992 (Delivered on 7/27/92 ) June 8, 1992 (Delivered on 8/10/92) June 11, 1992 (Delivered on 8/11/92) June 22, 1992 (Delivered on 8/10/92) 7 . Authorization for application and administration of $30,000 of Emergency Food and Shelter Program Funds (FEMA XI) . (See Attached) MOTION:/ That the Parks, Recreation and Community Services Department Director be authorized to apply for and administer $30,000 of emergency food and shelter funds provided under the provision of the Emergency Food and Shelter National Program (FEMA XI) . 8 . Approval of $1, 148 from 6th Ward Park Extension funds for the acquisition of a television, VCR and stand for Delmann Heights Community Center. (See Attached) (Cost to City- $1,148 from 6th Ward Park Extension Funds. ) Ward 6 �MOTION. That $1, 148 for Sixth Ward Park Extension Funds _. for the acquisition of a television, VCR and / stand for Delmann Heights Community Center, be approved. b 9 . Receive and file report on upgrading of underground storage tanks and authorize Purchasing Agent to enter into negotiated purchase to remove underground tanks at Fire Stations 8, 10 and at the Fire Shop. (See Attached) (Cost to City - $40,000 from General Fund. ) Y MOTION: That the report entitled: "City of San Bernardino, P / Upgrading of Underground Storage Tanks" be / received and filed. and (See next page for additional motion) ` 5 8/17/92 \ (Consent Calendar continued) MOTION: That the Purchasing Agent be authorized to enter I2 into a negotiated purchase to remove the / underground storage tanks at Fire Stations 8, 10 jand the Fire Shop, in accordance with Municipal { Code 3 .04 . 070 I . 10 . Approval of plans and authorization to advertise for bids - installation of security lighting at four parks . (See Attached) (Cost to City - $399,000 from Park Construction Fee Fund. ) Wards 2, 3, 6 4 MOTION% That the plans for construction of security lighting in Perris Hill Park, Lytle Creek Park, Nicholson Park and Wildwood Park, in accordance =�? with Plan No. 8747, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids . 11. Claims and Payroll. (See Attached) OTION:J That the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated August 11, 1992 from the Acting Director of -b Finance, be approved. 12 . Personnel Actions . (See Attached) MOTION: J That the personnel actions submitted by the Chief Examiner dated August 6, 1992, in accordance with all administrative regulations of the City of San Bernardino, be approved. 13 . Joint Powers Financing Authority - Regular Meeting OTION:J That the regular meeting of the Joint Powers Financing Authority be adjourned to September 21, 1992 . 6 8/17/92 ._ -..-.-- .. (Consent Calendar continued) RESOLUTIONS MOTION: ) That the following resolutions be adopted. Finance 14 . Resolution of the City of San Bernardino approving the destruction of certain records by the Finance Department. (See Attached) Police 15. Resolution of the City of San Bernardino authorizing the execution of a Memorandum of Understanding between the San Bernardino Police Department and the Housing Authority of the County of San Bernardino addressing the illicit drug activity in public housing complexes known as 9th Street and Waterman Gardens . (See Attached) (Cost to City - grant- match funds - $4, 131 from General Fund. ) Wards 2 S 6 16 . Resolution of the City of San Bernardino authorizing the execution of indemnity agreement with Harmon Auto Center, Center Chevrolet, Crest Chevrolet, and Toyota of San Bernardino relative to vehicles to be used in the Citizen' s Patrol Program. (See Attached) Public Works/Engineering 17 . Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A resolution . . . designating certain streets or portions thereof as through highways . . . ; " and providing that "H" Street is a through highway at its intersection with Dover Drive. (Cost to City - $150 from General Fund. ) (See Attached) Ward 5 7 8/17/92 (Consent Calendar continued) 18 . Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A resolution . designating certain streets or portions thereof as through highways . . . ; " and providing that Wier Road is a through highway at its intersection with Harwick Drive. (Cost to City - $150 from General Fund. ) (See Attached) Ward 3 19 . Resolution of the City of San Bernardino authorizing the execution and acceptance of a "Permit to Enter" agreement with the State of California Department of Transportation for entry upon city-owned property generally located at 1208 North "H" Street (Fire Maintenance Station #47) . (See Attached) Ward 2 20 . Resolution of the City of San Bernardino establishing boundaries for portions of Kendall Drive, Kendall Way, and Buckboard Drive, and the dedication of same for street and highway purposes. (See Attached) Ward 5 21 . Resolution of the City of San Bernardino authorizing the execution of an agreement with Daniel, Mann, Johnson & Mendenhall (DMJM) relating to the provision of professional engineering design services for the extension of Orange Show Road, from Arrowhead Avenue to Tippecanoe Avenue. (Cost to City - $598,611 from Extension of Orange Show Road Funds- billabl o IVDA. ) (See Attached) Ward 3 8 6/17/92 (Consent Calendar continued) 22 . Award of Contract - Improvement of Del Rosa Avenue, from Date Street to Carpenter Street, Ranco Corporation. (Contract documents, are available in the City Clerk's Offi MOTION: That the transfer of $13,800 from Account No. 772- 301-57303, "Street Improvements, AM/PM Station at the northeast corner of Del Rosa Avenue and Date Street, CUP No. 89-20, " to Account No. 242-362- `/ 57888, "Del Rosa Avenue, north of Date Street, " be approved; and that the following resolution be adopted: Resolution of the City of San Bernardino awarding a contract to Ranco Corporation for construction of street improvements on Del Rosa Avenue, from Date Street to Carpenter Street. (Cost to City - $50,300 from Street Construction Fund. ) (See Attached) Wards 4 & 7 Purchasino 23 . Resolution of the City of San Bernardino awarding a purchase order to Teletronics Communications for the furnishing and delivery of annual maintenance contract for the telephone systems , to be utilized by the Administration/ Telecommunications Department in accordance with Bid Specification F-93-04 . (Cost to City - $87,682 from Equipment Maintenance Fund. ) (See Attached) Risk Management 24 . Resolution of the City of San Bernardino authorizing the execution of an agreement with Charles E. Hamilton to perform consulting services for the Risk Management Department. (Cost to City - $55,000 from General Fund. ) (See Attached) 9 8/17/92 (Consent Calendar continued) ORDINANCE - FINAL READING 25 . An ordinance of the City of San Bernardino amending Subsection F of Section 5.04 .525 of the San Bernardino Municipal Code relating to Business Registration Certificates for commercial, industrial and residential rental or leasing. (See Attached) MOTION: / That said ordinance be adopted. END OF CONSENT CALENDAR PUBLIC HEARINGS * Public hearings scheduled for a time certain will not be heard prior to the time scheduled; however, they may be held any time thereafter and/or continued to a subsequent meeting. TO BE HEARD AT 10:00 A.M. 26 . Public hearing - to consider increases to on-site and off- site plan checking and permit fees . (See Attached) Mayor to open the hearing . . . Resolution of the City of San Bernardino establishing off- site plan checking and inspection fees; and rescinding Resolution No. 90-487 . (See Attached) Resolution of the City of San Bernardino amending Resolution No. 88-284 entitled, in part, "Resolution . . .establishing on-site improvement plan review fees and permit fees, " to increase plan check fee; and rescinding Resolution No. 90- 451. (See Attached) (See next page for motion) 10 8/17/92 26 . (Continued) MOTION: That the public hearing to consider increases to the on-site and off-site plan checking and permit fees be closed; and that said resolutions be adopted. cu RESOLUTION CONTINUED FROM JULY 20, 1992 27 . Resolution of the City of San Bernardino authorizing the execution of an amendment of lease by and between the Sedlak Family Trust and the City of San Bernardino. (SBETA) A') (Backup material was distributed on July 20, 1992, Item No. �t V. 33) MOTION: That said resolution be adopted. d" ORDINANCE - FIRST READING 28 . Ordinance of the City of San Bernardino amending Section 10.52 . 020 of the San Bernardino Municipal Code establishing a thirty-five mile per hour speed zone on Orange Street, between Pacific Street and Highland Avenue. (See Attached) (Cost to City - $300 from General Fund) Ward 7 MOTION: That said ordinance be laid over for final /adoption. 11 8/17/92 STAFF REPORTS CONTINUED FROM AUGUST 3. 1992 29 . Authorization to proceed - Belmont and Royal Oak Landscape Maintenance District (setback area only) - Tract No. 14997 . (New staff report was distributed on August 3, 1992, Item No. 41) (See related Item No. 38 on Council Agenda) -- Ward 5 MOTION: That the City Engineer and City Clerk be authorized to proceed with initiating proceedings for the establishment of an assessment district under the provisions of Chapter 12 . 90 of the San Bernardino Municipal Code; and that the City Engineer be directed to prepare an Engineer' s Report for the proposed maintenance of front and side yards within the setback areas of Tentative Tract No. 14997 . / �. CONTINUED FROM JULY 20, 1992 30. Receive and file General Liabilitv Claims Administration Audit. (Audit Report is available in the City Clerk' s Office) (Backup material was distributed on July 20, 1992 , Item No. 45, new staff report attached ) OTION: ) That the General Liability Claims Administration Audit, be continued to September 8, 1992 in order to allow the auditor to reconcile differences contained in the report. ;1 i 12 8/17/92 1. Authorization to utilize City forces and equipment and to waive costs incurred relative to assisting Casa Ramona, Inc. , with the 16th of September celebration at Seccombe �p Lake Park. (See Attached) (Cost to City - $1,616.54 from J General, Fund - to he absorbed by City departments) Ward 1 MOTION: That utilization of City crews and equipment for assisting Casa Ramona, Inc . , a non-profit corporation, in their 16th of September celebration at Seccombe Lake Park be authorized; and that the fees for use of facilities and equipment and the expenses incurred by the use of City forces and equipment in providing said assistance, be waived. 32 . Authorization to utilize City forces and equipment and to waive costs incurred relative to assisting Faith Temple Apostolic Church in the conduct of a "Drug Free Community" �i parade on September 5, 1992 . (See Attached) (Cost to City - $4,139. 18 from General Fund - to be absorbed by City departments) p(� MOTION: That utilization of City crews and equipment for #1 assisting Faith Apostolic Church in the conduct of \� their "Drug Free Community" parade, September 5, 3'LJ 1992 be authorized; and that the fees for use of p D City personnel and equipment in providing said assistance, be waived. or MOTION: That the request be denied. #2 33 . Extend waiver of fees for light use on outdoor facilities by non-resident youth organizations; refer issue to Ways and Means Committee as well as issue of establishment of electrical energy fees for use of outdoor facilities by youth sports organizations. (See Attached) (Public hearing held on March 2, 1992 - report due August, 1992) (See next page for motions) 13 8/17/92 33. '(Continued) MOTION• That the issue of establishing electrical energy fees for the use of outdoor facilities by youth �# sports organizations, be referred to the Ways and Means Committee for further study. and NOTION: That fees for light use on outdoor facilities by 12 non-resident youth organizations be wa4Rq_-Q and referred to the Ways and Means Committee. 1 34 . Discuss and take possible action relative to an audit of all change orders approved by the Council in the last twelve months - Mayor Holcomb. (See Attached) MOTION: That an audit be conducted, by a reputable CPA #1 firm, of all change orders approved by the Council in the last twelve months (August 17 , 1991 through August 17, 1992) . or MOTION: That an audit be conducted, by a reputable CPA #2 firm, of all change orders approved by the Council over the last three (3) years (August 17, 1989 through August 17, 1992) . 35. Closed Session Luncheon workshop - to discuss ambulance issues - 12:00 noon - 1:30 p.m. - MIC Room. 14 8/17/92 RECONVENE MEETING PLANNING MATTERS 2 :00 P.M. ROLL CALL PRESENT: ABSENT: TO BE HEARD AT 2.00 P.M. - CONTINUED FROM AUGUST 3. 1992 36 . Public hearing - Planning Commission' s approval of Tentative Tract No. 15451 and Conditional Use Permit No. 92-04 - to 9 construct Phase I (68 units) of a two-phase, 118 unit 1t'V�1 affordable Victorian townhouse development. (See Attached) Applicant/owner: Empire Bay ` Location: Ward 1. The subject property (Phase 1) consists of several contiguous parcels within a city block a\ bounded by 6th Street on the south, et Street the east, v� 7th Street on the north, and "G" Street on the west. t. Staff recommendation: It is recommended that the Mayor rr,a n4v and Common Council adopt the Mitigated Negative Declaration V\ and Mitigation Monitoring and Reporting Program; approve Conditional Use Permit No. 92-04 and Tentative Tract No. qti 15451 based on the attached findings of fact, and subject to the attached conditions of approval and standard requirements contained in Exhibit 1. Planning Commission recommendation: Adopt the Mitigated Negative Declaration and Mitigation Monitoring Reporting and approve the project. VOTE: Ayes: 7; Nays : 0; Absent: 0. Mayor to open the hearing. . . MOTION: That the hearing be closed; and that the Mayor and 11 Common Council adopt the Mitigated Negative Declaration, adopt the Mitigation Monitoring and ilk ) Reporting Program and approve Tentative Tract No. 15451 and Conditional Use Permit No. 92-04, based 7, d on the findings of fact and subject to the conditions of approval and standard requirements . or MOTION: That the hearing be closed; and that the Mayor and 12 Common Council deny Tentative Tract No. 15451 and Conditional Use Permit No. 92-04 . 15 8/17/92 TO BE HEARD AT 2.00 P.M. - CONTINUED FROM JULY 20, 1992 37 . Public hearing - historic building demolition ordinance. (See Attached) ( Ordinance of the City of San Bernardino amending and 1if replacing Chapter 15. 37 of the San Bernardino Municipal .�0` Code; establishing new policies and provisions for review of .p� demolition permit applications for potentially historic buildings and structures. Mayor to open the hearing . . . V MOTION: That the hearing be closed, that the Mayor and r Common Council adopt the negative declaration; and that said ordinance be laid over for final ^ adoption. TO BE HEARD AT 2:00 P.M. - CONTINUED FROM JULY 20, 1992 38 . Appeal - Planning Commission' s approval of Tentative Tract No. 14997 - to subdivide 3 . 13 acres into ten ( 10) single- family lots in an area designated by the General Plan as RL, Residential Low - Barbara Sky. (Backup material was 'h distributed on July 20, 1992, Item No. 54, new staff report J attached) (See related Item No. 29 on Council Agenda) Appellant: Barbara Sky FI, I�IIJJ�� Owner: Robert Stone Location: Ward 5. The property has a frontage of about 335 feet on the south side of Belmont Avenue and located about 370 feet west of the centerline of Palm Avenue being described as 3045 and 3097 Belmont Avenue. Staff Recommendation: Assuming the drive-way will be constructed, and approved by City Inspectors, it is recommended that the Mayor and Common Council deny the appeal and approve Tentative Tract No. 14997 subject to the amended conditions of approval, the findings of fact and the standard requirements contained within the Planning Commission staff report dated May 19, 1992 . (Continued on neat page) 16 8/17/92 38 . (Continued) Planning_ Commission recommendation: Planning Commission approved the subdivision. VOTE: Ayes: 6; Nay: 0; Abstain: 1; Absent: 3. Mayor to open the hearing . . . (NOTE: Assuming that the driveway is completed prior to M�Yor and Common Council Meeting of August 17, 1992) NOTION: That the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the approval of the Planning Commission of Tentative y L1 Tract No. 14997, subject to the findings of fact, conditions of approval and standard requirements contained within the Planning Commission staff report dated May 19, 1992 . (Mayor and Common Council alternate recommendation) TO BE HEARD AT 2.00 P.M. - CONTINUED FROM JULY 20, 1992 39 . Appeal - Planning Commission' s denial of Conditional Use Permit No. 91-40 - to permit a community care facility to serve as a licensed alcoholism and drug abuse recovery facility for 40 residents in an existing multi-family structure - 596 West 6th Street - Marianne Barklage. (Backup material was distributed on July 20, 1992, Item No. 55, new staff report attached) ARDlicant: Marianne Barklage Owner: Marianne Barklage \ Location: ward 1. Subject property is located at 596 W. 6th Street on the northeast corner of 6th and "F" Streets 0 in the RM, Residential Medium, General Plan land use designation. tv 1' "l Staff recommendation: It is recommended that the Mayor and Common Council deny the appeal and deny Conditional Use Permit No. 91-40, based on the findings of facts contained in the staff report dated May 19, 1992 . (Continued on next page) 17 8/17/92 39 . (Continued) Planning Commission recommendation: The application was denied based on the finding that the proposal is not consistent with the Development Code in that a proposed 40 resident community care facility is not a permitted use in the RM, Residential Medium land use designation. r -May to open the hearing . . . MOTION: ) That the hearing be closed; that the Mayor and Common Council deny the appeal and deny Conditional Use Permit No. 91-40, based on the findings of fact. 71 � TO BE HEARD AT 2:00 P.M. 40 . Public hearing - Development Code Amendment No. 92-03 - to permit miscellaneous indoor and outdoor recreational uses in the CH district. (See Attached) An Ordinance of the City of San Bernardino amending Section 19 .06 . 020, Table 06 . 01 - Commercial and Industrial Districts list of permitted uses, of the San Bernardino Municipal �n Code (Title 19 the Development Code) relating to miscellaneous indoor and outdoor recreational uses in the � \ commercial heavy land use district. r,U Mayor to open the hearing . . . MOTION That the hearing be closed; that the Mayor and ------- Common Council adopt the negative declaration; and that said ordinance be laid over for final adoption. 18 8/17/92 41. Initiation of a Development Code amendment - parcel map ceesg,ing. (See Attached) MOTION: That the I.ayor and Common Council direct Planning staff to prepare an amendment to the Development Code to clarify the language between residential vs . commercial/industrial parcel maps . 42 . Adjournment. MOTION: That the meeting be adjourned. 19 8/17/92 NOTICE: Any member of the public may address this meeting of the Mayor and Common Council 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 concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and Common Council, may address the body at the beginning of the meeting, during the period reserved for public comments, said total period for public comment shall not exceed forty- five (45) minutes, unless such time limit is extended by the Mayor and Common Council. A five minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and Common Council. No member of the public shall be permitted to "share" his/her five minutes with any other member of the public . The Mayor and Common Council may refer any items 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 . However, no other action shall be taken nor discussion held by the Mayor and Common Council 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. 20 8/17/92 SUPPLEMENTAL AGENDA AUGUST 17, 1992 S-1 A resolution of the Mayor and Common Council of the City of San Bernardino, successor to the South San Bernardino County Water District, assessing properties within the previous district boundaries in the amount of $11, 625 . 00 for the Fiscal Year 1992/93 . (See Attached) ward 1 MOTION: That said resolution be adopted. S-2 A resolution of the City of San Bernardino authorizing the determination and levy of the special tax in Community Facilities District No. 995 for Fiscal Year 1992-93 . MOTION: That said resolution be adopted. S-3 Authorization to execute Memorandum of Understanding with Department of Water Resources for construction of second afterbay for Devil ' s Canyon Power Plant. (See Attached) MOTION: That the Mayor be authorized and directed to execute, on behalf of the City, the Memorandum of Understanding between the City and Department of Water Resources, of the State of California, concerning construction of the Second Afterbay and Devil Canyon Power Plant. 1 8/17/92 S-4 Resolution of the City of San Bernardino authorizing the Executive Director, Director, Assistant Director, Disaster Preparedness Coordinator, and Disaster Preparedness Representative of Emergency Services to execute applications and documents for the purpose of obtaining financial assistance under the Federal Civil Defense Act of 1950, as amended, effective July 5, 1988, and repealing Resolution Nos . 89-504, 90-327 and 91-430 . (See Attached) MOTION: That said resolution be adopted. 2 8/17/92