HomeMy WebLinkAbout07-20-1992 Reg Mtg 9z
AGENDA
REGULAR MEETING
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
MONDAY, JULY 20, 1992 - 8 : 30 A.M.
COUNCIL CHAMBERS
CALL TO ORDER Y : 5-,4 a `m
ROLL CALL
PRESENT:
ABSENT: 2. 7
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:
S
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 7/20/92
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 (RDAI - San Bernardino
Superior Court Case No. 258241;
Saab vs . City of San Bernardino - Fourth District Court of
Appeals Case No. EOO8652;
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 ;
Randall vs . County/City of San Bernardino - San Bernardino
Superior Court Case No. 250472 (consolidated with Case No.
252255) .
END OF CLOSED SESSION
2 7/20/92
RECONVENE MEETING - 9 :30 A.M.
ROLL CALL
PRESENT: �.t� ;�- �, ��J .y� G, �t,t'r,.<,
v
ABSENT:
INVOCATION:
PLEDGE:
l2 . 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. )
�. Appointments/Presentations .
Ms . Susan H. Johnston - Central City Parking Place
Commission - Council Member Pope-Ludlam. (See Attached)
(Res is available in the City Clerk's Office)
MOTION: That the appointment of Susan H. Johnston to the
Central City Parking Place Commission be approved,
as requested by Council Member Pope-Ludlam.
Service Pin Award Ceremony.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar
items 5 through 37, be adopted except for
3 , -3� , —, and
5 . Waive further reading of resolutions and ordinances .
MOTION: ) That further reading of all resolutions and
ordinances on the regular, supplemental and
` Community Development Commission agendas, be
waived.
3 7/20/92
(Consent Calendar continued)
1(� 6 . Approval of business registration permit - Frank Rodriguez-
Q/,Aba Games West to operate games of amusement. (See
ttached)
1 'N C N That the business registration for Frank Rodriguez
' dba Games West to operate games of amusement, be
3/q approved.
�F r/
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7 . Set public hearing - August 17, 1992 at 10 :00 a.m. - On-site
and off-site plan checking and permit fees . (See Attached)
OTION: That a public hearing be set at 10 :00 a.m. , during
the regularly scheduled Council Meeting of August
17, 1992, to consider increases to the on-site and
off-site plan checking and permit fees .
B . Authorization to proceed to cause the undergrounding of
overhead utilities for certain parcels located with
Underground Utility District No. 19 - Zone 1 (Waterman
Avenue) . (See Attached) (Cost to City - $8,500 from
Assessment District Reserve Fund. ) Ward 1
MOTION That pursuant to Chapter 13 . 36 of the San
Bernardino Municipal Code, the Director of Public
Works/City Engineer be authorized and directed to
cause the installation of underground utilities
for the following parcels located within
Underground Utility District No. 19, Zone 1:
0136-271-43, 0136-412-22 , 0136-412-23, 0136-412-
25, 0136-422-12, 0136-422-13, 0136-422-16 , 0136-
422-17 , 0136-422-18, 0136-431-30, 0136-431-20,
0136-431-17 , 0281-011-12, 0281-011-47 , 0280-141-
39 , 0280-131-60, 0280-021-09 .
4 7/20/92
(Consent Calendar continued)
9 . Authorization to advertise for bids for heater, scarifying,
rejuvenating and cold planing work and authorization to
proceed with resurfacing of streets . (See Attached) (Cost
to City - $1,000,000: $500,000 from Proposition 111 & Gas
Tax Funds and $500,000 from 1/2 Cent Sales & Road Tax
Funds. )
OT ION\ That the Purchasing Agent be authorized to
advertise for bids for heater, scarifying,
rejuvenating, and cold planing work on the streets
included in the attached staff report, Phases 1 &
2; and that the Director of Public Services be
authorized to proceed with the resurfacing of the
streets indicated in the staff report following
the completion of contract work at a cost of
approximately $1,000,000 .
10 . Personnel Actions . (See Attached)
OTION: ` That the personnel actions submitted by the Chief
/ Examiner dated July 9, 1992, in accordance with
all administrative regulations of the City of San
Bernardino, be approved.
11 . Joint Powers Financing Authority - Regular Meeting
MOTION: That the regular meeting of the Joint Powers
Financing Authority be adjourned to August 17,
1992 .
RESOLUTIONS
MOTION: That the following resolutions be adopted.
Management Information Systems
12 . Resolution of the City of San Bernardino establishing a
policy for the retention and destruction of data stored in
the City' s main computer system. (See Attached)
5 7/20/92
r
(Consent Calendar continued)
Mayor' s Office
L of the Mayor and Common Council of the City of
San Bernardino approving and adopting a policy of the City
to comply with the Civil Rights Act of 1964, the Equal
Employment Act of 1972, the Civil Rights Act of 1991, and
the Americans with Disabilities Act, making finding relative
to the City' s compliance therewith, and directing amendment
of the City' s Affirmative Action Plan to make it consistent
therewith. See Attached)
14
Parks Recreation & Community Services
14 . Resolution of the City of San Bernardino authorizing the
Director of Parks, Recreation and Community Services
Department to make application for and accept a grant from
San Bernardino County Office on Aging for the Senior
Nutrition Program for the period of July 1, 1992 through
June 30, 1993 . (See A hed)
3/y
15 . Resolution of the City of San Bernardino authorizing the
Director of Parks, Recreation & Community Services
Department to execute an agreement with California State
University, San Bernardino providing for the cooperative
uses of the University Swimming Pool and the City' s
Fiscalini Field. (See At ched)
Public Services
16 . Resolution of the City of San Bernardino authorizing the
execution of an agreement by and between Recyclelink and the
Public Services Department of the City of San Bernardino.
(See Attached) 3/F/�
6 7/20/92
(Consent Calendar continued)
^� Public WorkslEngineerin4
C17 Resolution of the City of San Bernardino adopting the Five-
Year Capital Improvement Program and Twenty-Year
Transportation Plan for Measure "I" local expenditures .
(See Attached)
18 . Resolution of the City of San Bernardino authorizing the
execution of an agreement with GTS Associates, Inc . relating
to the provision of professional engineering design services
for extension of storm drain in Mill Street, from the
existing terminus westerly of Pennsylvania Avenue to
westerly of Rancho Avenue. (Cost to City - $11,199 from
Storm Drain Construction Fun Ward 3
3/tit
19 . Resolution of the City of San Bernardino approving the final
map for Subdivision Tract No. 15315, located approximately
660 feet north of the centerline of Randall Avenue, between
Pepper Avenue and Meridian Avenue, 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) Ward 3
20 . Resolution of the City of San Bernardino determining that
Central Avenue, east of Tippecanoe Avenue, is not presently
needed for vehicular access . (See Attached) Ward 1
7 7/20/92
(Consent Calendar continued)
21. A resolution of the City of San Bernardino finding and
determining that the public convenience and necessity
,q . c require the amendment of Assessment District No. 952 by
+ expanding the scope thereof to include maintenance of
landscaping of additional territory in the district in the
State College Area; creating a sub-zone to be assessed the
cost of said maintenance; ordering the amendment and
expansion of the scope of the district and that the Special
Assessment, Investigation and Limitation Act of 1931 shall
not apply and approving amended Assessment District Diagram
Map No. 952 . (See Attached) (Cost to the City - $5,000
from Assessment District No. 952. ) Ward 3
�1
22 . Resolution of the City of San Bernardino confirming the
1992-93 Assessment Roll for Assessment District No. 974,
landscaping maintenance, Rialto and Eucalyptus Avenue area.
(See Attached) (Cost to City - $6,265.60 from Assessment
District No. 974. ) (Assessment Roll is available in the
City Clerk' s Office) Ward 3
C%
23 . Resolution of the City of San Bernardino confirming the
1992-93 Assessment Roll for Assessment District No. 975 ,
landscaping maintenance, Pepper and Mill area. (See
Attached) (Cost to City - $12,913.46 from Assessment
District No. 975) (Assess me Roll is available in the City
Clerk' s Office) J7 Ward 3
24 . Resolution of the City of San Bernardino confirming the
1992-93 Assessment Roll for Assessment District No. 976 ,
landscaping maintenance, Pine and Belmont area. (See
Attached) (Cost to City - $48,444.27 from Assessment
District No. 976 . ) (Assessment Roll is available in the
City Clerk' s Office) ^` Ward 5
8 7/20/92
(Consent Calendar continued)
25 . Resolution of the City of San Bernardino confirming the
1992-93 Assessment Roll for Assessment District No. 981,
landscaping maintenance, Meridian and Randall Avenue area.
(See Attached) (Cost to City - $15,405. 11 from Assessment
District No. 981. ) (Assess73/ Roll is available in the
City Clerk' s Office) y 7 Ward 3
26 . Resolution of the City of San Bernardino confirming the
1992-93 Assessment Roll for Assessment District No. 982,
landscaping maintenance, Piedmont Drive area. (See
Attached) (Cost to City - $13,286.40 from Assessment
District No. 982. ) (Assessment Roll is available in the
City Clerk' s Office) 1, Ward 4
27 . Resolution of the City of San Bernardino confirming the
1992-93 Assessment Roll for Assessment District No. 986 ,
landscaping maintenance, Rialto and Macy area. (See
Attached) (Cost to City - $20,974.52 from Assessment
District No. 986. ) (Assessor Roll is available in the
City Clerk' s Office) Ward 3
28. Resolution of the City of San Bernardino confirming the
1992-93 Assessment Roll for Assessment District No. 989 ,
landscaping and sewer lift station maintenance, Mill and
Macy area. (See Attached) (Cost to City - $7,945.60 from
Assessment District No. 989 . ) (Assessment Roll is
available in the City Clerk fice) Ward 3
3�y �
29 . Resolution of the City of San Bernardino confirming the
1992-93 Assessment Roll for Assessment District No. 991,
landscaping maintenance, Verdemont and Olive area. (See
Attached) (Cost to City - $21,804 from Assessment District
No. 991. ) (Assessment R , is available in the City
Clerk' s Office) 3 A Ward 5
9 7/20/92
(Consent Calendar continued)
30. Resolution of the City of San Bernardino confirming the
1992-93 Assessment Roll for Assessment District No. 993,
landscaping maintenance, southwest of Cajon Boulevard at
June Street. (See Attached) (Cost to City - $25,472 .92
from Assessment District No. 993. ) (Assessment Roll is
available in the City Clerk ce) Ward 6
3/ti i
31. Resolution of the City of San Bernardino confirming the
1992-93 Assessment Roll for Assessment District No. 997,
landscaping maintenance, portion of vacated Chestnut Avenue
between Irvington Avenue and Ohio Avenue. (See Attached)
(Cost to City - $4,784.39 from Assessment District No. 997 . )
(Assessment Roll is available liz the City Clerk' s Office)
Ward 5
32 . Resolution of the City of San Bernardino preliminarily
determining that public convenience and necessity require
the formation of a landscape maintenance assessment
district located in the Pepper and Randall area and
declaring its intention to proceed to order work within the
district, to be known as Assessment District No. 1007 , and
waiving notice and hearing. (See Attached) (Cost to City
- $4,000 from Assessment Dis No. 1007. ) Ward 3
?JJ Ji
C 33- SBETA
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.. ernardino. (SBETA) (See
Attached) (Cost to City - 6,552 from Federal JTPA
Funds. )
10 7/20/92
(Consent Calendar continued)
ORDINANCES
MOTION: / That the following ordinances be adopted.
34 . Ordinance of the City of San Bernardino amending Chapter
10 .52 of the San Bernardino Municipal Code to update
existing speed zones on Mountain Avenue and on Fortieth
Street. (See Attached) 1
35 . Ordinance of the City of San Bernardino amending Subsection
C of Section 10 . 16 . 180 of the San Bernardino Municipal Code
permitting the issuance of preferential parking for car
pooling incentive. (See Attached `�
S�y� 1
36 . An ordinance of the City of San Bernardino amending Sections
19 . 70. 020 and 19 . 70 . 050( 1) of the San Bernardino Municipal
Code (Title 19 - Development Code) to establish criteria to
allow certain City sponsored uses and activities in the
downtown area through a tempQrary use permit. (See
Attached)
37 . An ordinance of the City of San Bernardino amending Section
19 . 06 .030 (2) (8) of the San Bernardino Municipal Code
(Development Code) relating to the requirement of a
conditional use permit for the sales of alcohol beverages in
restaurants or large busines es'--.,(See Attached)
Q/y )
END OF CONSENT CALENDAR
11 7/20/92
41
MPUBLIC 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. s
3 Public hearing - resolution imposing liens on property
located within the City of San Bernardino for uncollected
business registration fees . (See Attached)
Resolution of the City of San Bernardino imposing liens on
certain parcels of real property located within the City of
San Bernardino for uncollected business registration fees .
V) Mayor to open the hearing .
MOTION:: I That the hearing be closed and said resolution be
adopted. _
; �; �-x< <r,
TO BE HEARD AT 10:00 A.M.
39 . Public hearing - ordering Annexation No. 355 - territory
located east of Lena Road, south of 3rd Street - LAFCO 2713 .
(See Attached) (Cost to City - $598 from General Fund. )
Ward 1
Resolution of the City of San Bernardino determining that
less than twenty five percent of protests by registered
voters and property owners have been filed and ordering
Annexation No. 355 (LAFCO 2713) for the territory generally
located east of Lena Road and south of 3rd Street and
detachment from CSA 38, CSA 70 and CSA SL-1 and improvement
zones thereof . (See Attached)
Mayor to open the hearing . . .
MOTION: That the public hearing to receive, consider and
rule upon written protests in the matter of
annexation of territory generally located east of
Lena Road, south of 3rd Street, designated LAFCO
2713, be hereby closed; and said resolution be
adopted.
12 7/20/92
STAFF REPORTS
CONTINUED FROM JULY 6. 1992
40 . Request for Bicycle Criterium to be held on August 29 and
September 12—t:3-, 1992 . (Backup material was distributed on
C July 6, 1992, Item No. 52)
OAT
�,.tiN-{-cowl
CONTINUED FROM JULY 6. 1992
41 . San Bernardino Convention and Visitors ' Bureau request for
City co-sponsorship and use of City facilities, equipment
and personnel in connection with "Route 66 Rendezvous "
classic car event to be held September 19 & 20, 1992 .
(Backup material was distributed on July 6, 1992, Item No.
57) LqV
CONTINUED FROM JUNE 15, 1992
42 . Establishment of new classification - Arborist - Department
of Public Services . (Backup material was distributed on
Ma 1992, Item No. 9, updated staff report attached)
MOTION: That the classification of Arborist be established
#1 with the salary set at Range 2396, $3, 197 - $3,886
per month.
and
MOTION: That the Personnel Department update Resolution
#2 6413, Section 10 and Resolution 6433 .
C-S&
13 7/20/92
(Staff Reports continued)
CONTINUED FROM JUNE 15, 1992
43 . Review of policies and practices relating to calculation of
business registration fees for apartment complexes - V. Alan
Swensen - Hill Williams . (Backup material was distributed
y1 on April 20, 1992, Item No. 29, updated staff report
�G� MOTION: That the matter concerning policies and practices
0
VL relating to the calculation of business
kregistration fees for apartment complexes be
-,,p �/� continued to the Mayor and Common Council meeting
of August 3, 1992 .
t
CONTINUED FROM JUNE 15, 1992
44 . Business registration fees for commercial properties - Jimmy
Summers. (Backup material was distributed on April 20,
Irr � 1992, Item No. 28, updated staff report attached)
!I MOTION: That the matter concerning business registration
A� �U G fees for commercial properties be continued to the
Mayor and Common Council meeting of August 3,
3 1992 .
45 . Receive and file General Liability Claims Administration
Audit. (See Attached) (Audit Report is available in the
City Clerk' s Office)
MOTION: That the report entitled "City of San Bernardino-
„ General Liability Claims Administration Audit" be
received and filed.
n
14 7/20/92
3� ✓� D�( CO 4�
(Staff Reports continued)
46 . Approve draft Indemnity Agreement for citizen patrol
vehicles and authorize expenditure of asset forfeiture
funds in the amount of $8, 000 for gasoline, repair and
maintenance of said vehicles . (See Attached) (Cost to City
- $8,000 from Asset Forfeiture Funds. )
MOTION: That the "Indemnity Agreement" , drafted by the
/1 City Attorney' s Office, which relieves auto
dealerships from liability while donated cars are
used in conjunction with the Citizen Patrol
1 Program, be approved.
3/r7 and
MOTION: That $8,000 be allocated from Asset Forfeiture
12 funds for expenses related to gasoline,
maintenance and repair of vehicles donated by the
local car dealerships to be used in conjunction
with the Citizen Patrol Program.
47 . Discuss and take possible action to amend Ordinance No. MC-
822 - relative to use of television broadcast facilities-
Council Member Hernandez . (See Attached)
MOTION: To discuss and take possible action directing the
City Attorney to amend Ordinance No. MC-822 to
include all elected officials in prohibiting the
use of television broadcast facilities, not only
the Mayor and Council.
u
15 7/20/92
(Staff Reports continued)
48 . Reconsider, discuss and take possible action relative to the
planting of palm trees on Palm Avenue, north of Kendall
Drive - Council Member Tom Minor. (See Attached) Ward 5
MOTION: To reconsider, discuss and take possible action
regarding the palm trees that are being or have
been planted on Palm Avenue, north of Kendall
Drive. _
Gam_
49 . Response to Mr. Penman' s accusations made at the Council
Meeting of July 6, 1992 - explanation as to why a management
audit of the City Attorney' s Office is needed - Mayor
Holcomb.
16 7/20/92
RECONVENE MEETING
PLANNING MATTERS
2 :00 P.M.
ROLL CALL
PRESENT: 3 y, `�, � /�-t-„i-e •,.cal, i L .,,.ryx.-.._t
ABSENT:
�ff J c;Jv1.L�r k�a u _ c ry F
TO BE HEARD AT 2:00 P.M. - CONTINUED FROM JULY 6, 1992
50 . Appeal of the Hearing Officer's Statement of Decision-
revocation of Conditional Use Permit No. 262 - Golden Eagle
Motel - Hong Wen Yang & Lin Mei-Yung Yang. (Backup material
was originally distributed on May 4, 1992, Item No. 44)
Mayor to open the hearing . . .
l MOTION: That hearin be closed; that the Mayor and
CoCouncil den the appeal and uphold the
C, de ision of the hearin ficer_subject to the
V � \ f '.dings made in the Statement of Decision.
TO BE HEARD AT 2:00 P.M. - CONTINUED FROM JUNE 15, 1992
51 . Public hearing - historic building demolition ordinance.
(Backup material was originally distributed on February 3,
1992 , Item No. 33, & new urgency ordinance was distributed
on May 4, 1992, Item No. 43, new staff report attached. )
Mayor-to open the hearing . . .
MOTION That Planning Staff be directed to prepare an
ordinance to be brought back for the August 17,
1 1992 Mayor and Common Council meeting.
17 7/20/92
TO BE HEARD AT 2:00 P.M. - CONTINUED FROM JUNE 1. 1992
52 . Public hearing - General Plan Amendment No. 91-13 - delete
requirement for feasibility studies and conversion plans for
publicly assisted senior projects . (Backup material was
distributed on June 1, 1992, Item No. 44)
Resolution of the City of San Bernardino adopting and
approving General Plan Amendment No. 91-13 to the General
l �1 / Plan of the City of San Bernardino.
V�1 M or-to open the hearing . . .
D MOTION That the hearing be closed and said resolution be
adopted.
TO BE HEARD AT 2:00 P.M.
53 . Public hearing - resolution revising planning fees . (See
Attached)
Resolution of the City of San Bernardino amending Resolution
No. 83-201 modifying fees for planning services, and
repealing No. 89-471 and No. 91-148 .
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and said resolution be
adopted (Attachment B) establishing and modifying
fees for planning services .
18 7/20/92
TO BE HEARD AT 2:00 P.M.
54. 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. (See Attached) Ward 5
Appellant: Barbara Sky
46 6 1 Owner: Robert Stone
Location: Ward 5. The property has a frontage of about
`7 a 335 fees on the south side of Belmont Avenue and located
O about 370 feet west of the centerline of Palm Avenue being
described as 3045 and 3097 Belmont Avenue.
Staff Recommendation: It is recommended that the Mayor and
Common Council deny the appeal; however, based on the Code
Enforcement pending action, direct the Planning and Building
Services Department to monitor the Notice of Violation to
ensure compliance at 3075 Belmont avenue and approve
yJ° Tentative Tract No. 14997 subject to the amended conditions
of approval, findings of fact and standard requirements
contained within the Planning Commission staff report dated
May 19, 1992 .
Planning Commission recommendation: Planning Commission
approved the subdivision. VOTE: Ayes: 6; Nay: 0; Abstain:
1; Absent: 3 .
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that the Mayor and
#1 Common Council uphold the appeal and deny
Tentative Tract No. 14997 .
or
MOTION: That the hearing be closed; and that the Mayor and
12 Common Council deny the appeal; however, based on
the Code Enforcement pending action direct the
Planning and Building Services Department to
monitor the Notice of Violation to ensure
compliance at 3075 Belmont Avenue and approve
Tentative Tract No. 14997, subject to the amended
conditions of approval, findings of fact, and
standard requirements contained within the
Planning Commission staff report dated May 19 ,
1992 . (Staff ' s recommendation)
(See next page for additional motion)
19 7/20/92
MOTION: That the hearing be closed; and that the Mayor and
13 Common Council deny the appeal and uphold the
approval of the Planning Commission of Tentative
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 ' s alternate recommendation)
TO BE HEARD AT 2.00 P.M.
55 . 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
tructure - 596 West 6th Street - Marianne Barklage. (See
� ko IV Attached) Ward 1
Applicant: Marianne Barklage
•Pl � 'Y Owner: Marianne Barklage
Location: Ward 1. Subject property is located at 596 W.
✓ 6th Street on the north east corner of 6th and "F" Streets
/gyp in the RM, Residential Medium, General Plan land use
�^ designation.
Staff recommendation: It is recommended that the Mayor and
Common Council deny the appeal and deny Conditional Use
V Permit No. 91-40 based on the findings of facts contained in
the staff report dated May 19, 1992 .
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.
Mayor to open the hearing . . .
MOTION: That t hearing b losed; and that the Mayor and
CQrtmon Council de the appeal and deny
Conditional Use Permi No. 91-40 based the
findings of fact.
-R)
20 7/20/92
56 . Adjournment.
MOTION: That the meeting be adjourned.
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.
21 7/20/92
SUPPLEMENTAL AGENDA
JULY 20, 1992 (90
S-1 Authorization to hire Ralph Anderson & Associates to perform
expedited recruitment for the position of Finance Director.
(See Attached) (Cost to City - $11,000 from General Fund. )
MOTION: That the recommendation of the Personnel Committee
to conduct an expedited recruitment effort,
utilizing the firm of Ralph Anderson and
Associates, for the position of Director of
Finance with the stipulation that the salary
remain negotiable, be approved.
S-2 Discussion and possible action regarding Mayor' s actions and
directives relative to City Attorney' s Office. (See
Attached)
MOTION: That discussion and possible action be taken
relative to Mayor' s recent actions towards and
directives to City Attorney.
S-3 Appointment - Juan C. Gonzalez - Board of Water
Commissioners - Mayor Holcomb. (See Attached)
MOTION: That Mayor Holcomb' s recommendation to appoint
Juan C. Gonzalez to the Board of Water
Commissioners, be approved.
1 7/20/92
S-4 Request for Closed Session to discuss pending litigation.
NOTION: That the Mayor and Common Council recess to closed
session pursuant to Government Code Section
54956 .9 (a) to confer with the attorney regarding
pending litigation which has been initiated
formally to which the City is a party as follows:
Amrut 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) .
2 7/20/92