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HomeMy WebLinkAbout02-03-1992 Reg Mtg AGENDA REGULAR MEETING MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MONDAY, FEBRUARY 3, 1992 - 8:30 A.M. COUNCIL CHAMBERS CALL TO ORDER 3 2 w �'+ • rn�"~ ROLL CALL PRESENT: 2 , 3 , N, S 7 ABSENT: Q J': Y 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 2/3/92 4 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: City of San Bernardino vs . San Bernardino Baseball Club, Inc. - San Bernardino Superior Court Case No. 239193; 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; City of Redlands vs . Inland Valley Development Agency, et al - San Bernardino Superior Court Case No. 255222; County vs . City of San Bernardino (RDAI - San Bernardino Superior Court Case No. 258241; City of San Bernardino vs . San Manuel Band of Mission Indians , et al - United States District Court - Case No. 85- 6899 WJR (Bx) ; 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; Hesterley vs. City of San Bernardino - San Bernardino Superior Court Case No. 260468; Tomas Armendariz, et al vs. James F. Penman, et al - United States District Court Case No. 91-5757 CMB (WRx) ; 2 2/3/92 Matthew Hobbs vs . City of San Bernardino, et al - San Bernardino Superior Court - Case No. 250971. City of San Bernardino vs. Dominguez - United States , Bankruptcy Court - LA 88-01375 - WL yn � aa 9 END OF CLOSED SESSION w 3 2/3/92 RECONVENE MEETING - 9 :30 A.M. ROLL CALL `/ =.3 O n • ''''� PRESENT: ABSENT: INVOCATION: PLEDGE: .3 9r- 7 . J2 . Announcements by Mayor and Council . f 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. (See Attached) Ms . Susan Diane Cervantez -- Community Development Citizens Advisory Committee -- Council Member Sack Reilly. Mr. Benjamin Dominguez -- Central City Parking Place Commission -- Council Member Ralph Hernandez. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 30 be adopted except for —, —, —, —, _, —, and 5 . Waiv ther 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. �r �� 4 2/3/92 (Consent Calendar continued) 6 . Council Minutes . That the minutes of the following meetings of the Mayor and Common Council of the City of San MOTION: Bernardino, be approved as submitted in typewritten form: December 9, 1991 Delivered on 1/27/92) 7 . Authorization for out-of-state travel - Senior Companion Program Coordinator, Betty Lewison - 1992 National Volunteer Conference in Chicago, Illinois, June 21-25, 1992. (See Attached) MOTION: That Betty Lewison, Senior Companion Program Coordinator, be authorized out-of-state travel during the period June 21-25, 1992 to attend the 1992 National Vo teer Conference in Chicago, Illinois. 8. Authorize Finance Department reorganization and establishment of new position of Accounting Technician. (See Attached) OTION To downgrade the position of Assistant City #1 Treasurer, Range 4352, ($2,567-$3, 121/month) to position of Administrative Operations Supervisor, Range 3335, ( $2,358-$2,867/month) . MOTION: To establish a new position of Accounting #2 Technician, Range 1322, ( $2,211-$2,688/month) . * Additional dollars will be more than offset from salary savings in recommended budget cuts: deletion of Assistant Finance Director and C#J3 Internal Auditor/Budget Officer. Recommend that the Personnel Department update Resoluti on 6413, Sec 'on 10, and Resolution 6433. Y3- �. 5 2/3/92 (Consent Calendar continued) 9 . Set public hearing - February 17, 1992 at 10:00 a.m. - to consider increasing the Verdemont Area Infrastructure Fee f 6,976 to $7,699 . (See Attached) Ward 5 That a public hearing be set at 10:00 a.m. , for the regular scheduled Council meeting of February MOTION: 17, 1992, to consider increasing the Verdemont Area Infrastructure S rom $6,976 to $7, 699 . 10. Approval of Change Order No. One for various street improvements in the Verdemont area - contract increase of $22 ,052 .32 - AAA Paving Company. (See Attached) (Cost to City - $22,052.32 from Verdemont Infrastructure Fee Fund) Ward 5 OTION: That Change Order No. One to the contract with AAA Paving Company, for various street improvements in the Verdemont area, in accordance with Plan No. 8420, be approved; increasing the contract price by $22,052 . 32, from $266,624 . 88 to $288,677 .20. 11. Approval of plans and authorization to advertise for bids- construction of restroom/storage buildings at Al Guhin Park and Seccombe Lake Park. (See Attached) (Cost to City- $296,00 from Park Construction Fee Fund) Wards 1 6 5 OTION: That the plans for construction of restroom/storage buildings in Al Guhin Park, in accordance with Plan No. 8644, and in Seccombe Lake Park, in accordance with Plan No. 8660, be approved; and the Director of Public Works/City Engineer be authorized nertise for bids . 12 . a nd Payroll. (See Attached) MOTION: That the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated January 14, 1Di�) om the Director of Finance, be approved. 6 2/3/92 �_. (Consent Calendar continued) 13. Per 1 Actions . (See Attached) OTION: That the personnel actions submitted by the Chief Examiner, dated January 23, 1992 in accordance with all administrative regulations of the City of San Bernardino, be a r ed. Q'3 RESOLUTIONS MOTION: That the following resolutions be adopted. Facilities Management 14 . Resolution of the City of San Bernardino assessing certain parcels of real property located within the City of San Bernardino for the costs of abatement of public nuisances (abandoned vehicles) on said properties. (See Attached) (P Police 15 . Resolution of the City of San Bernardino authorizing the execution of an agreement with Western Nurse Specialists, Inc. , to provide evidence collection from rape victims for the San Bernardino Police Department. (See Attached) (Cost to City - approximately $21,22 �m the General Fund. ) ' I3 Public Services 16 . Resolution of the City of San Bernardino confirming costs of abatement of public nuisances and imposing liens on certain real property located within the City of San Bernardino for the costs of the abatement. (Ike Abatement) (See Attached) c� 3 7 2/3/92 �. (Consent Calendar continued) Public Works/Engineering 17. Resolution of the City of San Bernardino declaring its intention to order the vacation of portions of a "paper" street and the remainder of the east/west alley lying south of Highland Avenue and west of Valaria Drive, and reserving an easement for public T ies therein. (See Attached) Ward 4 18 . Resolution of the City of San Bernardino authorizing the execution of an agreement with Sparvan Engineers relating to the provision of professional engineering design services for security lighting for Delmann Heights Community Center. (See Attached) (Cost to City - $7,370 from Community Development Block Grant FunP Ward 6 19 . Resolution of the City of San Bernardino authorizing the execution of an agreement with San Bernardino County Flood Control District and City of Highland relating to update of comprehensive Storm Drain Master Plan No. 6. (See Attached) (Cost to City - $3,500 from drain Construction Fund. ) y Wards 1, 2, 4 & 7 1I3 20. Resolution of the City of San Bernardino amending Resolution No. 8234 entitled, in part, "A resolution . establishing parking time limitations upon certain designated streets or alleys, or portions thereof and authorizing the implementation of a two-hour parking limitation on Mountain View Avenue, between 108 feet north of the north line of Highland Avenue and 142 feet north of the north line of Highland Avenue, applicable to the east side only. (See Attached) ost to City - $100 from General Fund. ) I Ward 7 ' 3 8 2/3/92 �. (Consent Calendar continued) 21. Resolution of the City of San Bernardino authorizing the execution of an agreement with URS Consultants, Inc. relating to the provision of professional engineering design services for sewer in Redlands Boulevard, from 800 feet east of Hunts Lane to 300 feet east of Gardena Street. (Cost to City - $18,830 from Sewer Line Construction Fund. ) (See Attached) 3� Ward 3 _ '7 eta�� 22 . Resolution of the City of San Bernardino preliminarily determining that public convenience and necessity require the amendment of Assessment District No. 952 located in the State College Area by expanding the scope thereof to include the maintenance of landscaping of additional territory in the district; creating a sub-zone to be assessed the cost of said maintenance; declaring its intention to proceed to order the amendment and expansion of scope of the district; and waiving notice and hearing. (See Attached) (Cost to City $5,000 from Assessment District Funds. ) Ward 5 II3 23 . Resolution of the City of San Bernardino authorizing the execution of an agreement with John Egan and Associates, Inc. relating to the provision of professional engineering design services for Cajon Boulevard sewer trunk extension, from Cable Creek Channel to Little League Drive. (See Attached) (Cost to City - $29,414 from Sewer Line Construction Fund. ) © Ward 6 24 . Resolution of the City of San Bernardino authorizing the execution of an agreement with BSI Consultants, Inc. relating to the provision of professional engineering design services for upgrade of security lighting in Perris Hill, Wildwood, Lytle Creek and Nicholson Parks. (See Attached) (Cost to City - $20,580 from Construction Fee Fund. ) /3 Wards 2, 3 & 4 9 2/3/92 (Consent Calendar continued) 25 . Resolution of the City of San Bernardino authorizing the acceptance of a quitclaim deed from George Wixen and Guddie B. Wixen, Trustees, for property located on the west side of Walkinshaw Street, north of Valley Street. (See Attached) 3 Ward 1 26 . Resolution of the City of San Bernardino declaring its intention to order the vacation of a portion of the north/south alley lying west of "E" Street, between 14th Street and Magnolia Avenue, and reserving easements for public utilities therein. ��(See Attached) Ward 2 � 3 27 . Resolution of the City of San Bernardino declaring its intention to order the vacation of a portion of the north/south alley lying west of "E" Street, between Magnolia Avenue and Evans Street and reserving easements for public utilities therein. Attached) Ward 2 Water 28. A resolution of the Mayor and Common Council of the City of San Bernardino granting an easement to Southern California Edison Company to construct and maintain electric service at the Water Department ' s 40th Street and Valencia Avenue domestic water well. (See .gt�nFhed) Ward 4 � 3 02 . A resolution of the Mayor and Common Council, City of San Bernardino, declaring the necessity of the taking, in fee simple absolute, Lots 224, 225 and 226 of Tract 2258, Map Book 32, pages 72-77 of the San Bernardino County Records, for the public use of a water storage reservoir and pumping facility. (See Attached)9 �/L 10 2/3/92 (Consent Calendar continued) ORDINANCE - FINAL READING 30. An ordinance of the City of San Bernardino repealing Subsection 8 . 90.050 .B.2 of the San Bernardino Municipal Code relating to allowed rental rate increases upon the sale of mobile homes in mobile home parks . (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. 31. Impasse hearing - Police Safety Employees . (See Attached) Mayor to open the hearing . . . 11 2/3/92 TO BE HEARD AT 10:00 A.M. 32 . Public hearing - redistricting of council ward boundaries. (See Attached) Mayor to open the hearing . . . MOTION: That the public hearing be closed and that the #1 changes to boundaries for the seven council wards be approved as presented by the Ward Redistricting Task Force. MOTION: That pursuant to Section 3 of the City Charter, #2 the City Attorney be directed to prepare an ordinance amending Ordinance 3222 to change the existing boundaries of the seven council wards to conform with the ward redistricting plan submitted by the Ward Redistricting Task Force. STAFF REPORTS CONTINUED FROM JANUARY 6. 1992 33. Historic structure demolition ordinance. (Backup material was distributed on January 6, 1992, Item No. 21, see attached new staff report) Ordinance of the City of San Bernardino amending Chapter 15. 37 of the San Bernardino Municipal Code; establishing new policies and provisions for review of demolition permit applications for potentially historic buildings and structures and providing for continuation of the Historic Preservation Task Force. (See Attached) NOTION: That the Mayor and Common Council continue this item to March 16, 1992, to enable staff to complete a detailed proposal outlining options and recommendations . 12 2/3/92 w 34 . Proposed Charter Amendments for June 2, 1992 Election. (See Attached) MOTION: That the Finance Director be directed to prepare #1 an impartial fiscal analysis of the proposed Charter Amendments to be voted on at the June 2, 1992 election, showing the amount of any increase or decrease in revenue or cost of these measures to the City of San Bernardino. MOT . the City Attorney b are an #2 impartia of_ _ — y measures to be j voted upo_il__ab-thE 7tiine election. �f 3 5 . Luncheon workshop - update and discussion relative to nightly news program - 12:00 noon to 1:30 p.m. - MIC Room. 13 2/3/92 RECONVENE MEETING PLANNING MATTERS 2:00 P.M. ROLL CALL PRESENT: ABSENT: CONTINUED FROM JANUARY 21, 1992 36. Anneal - Planning Commission' s denial of Variance No. 91-06, requesting approval of a variance from Development Code Section 19 .22 . 150(C) ( 1) (d) to construct a 65-foot tall pole sign with 85 square feet of sign area per face - C. James Fabian. (Backup material was distributed on January 21, 1992, Item No. 42, new staff report attached) Applicant: Midwest Motel Supply, Inc. Owner: C. James Fabian, dba, Oak Creek Inns f%' Location: WARD 1. Property is a rectangularly-shaped w parcel of land consisting of about 0 . 78 acres located at the southeast corner of 6th Street and "H" Street having a frontage of about 300 feet on the south side of 6th Street and a frontage of 130 feet on the east side of "H" Street, be located at 777 W. 6th Street. Staff Recommendation: Deny the appeal and deny Variance No. 91-06, based on the findings of fact contained in Exhibit D. Planning Commission recommendation: Denied both based on the findings of fact on Attachment B. VOTE: Ayes: 6; Nays: 0; Absent: 3 . Ma open the hearing . . . M That the hearing be closed and that the Mayor and Council uphold the appeal and approve Variance No. OTION: 91-06 subject to the attached findings of fact (Exhibit A) and conditions of approval (Exhibit B) . 0 14 2/3/92 CONTINUED FROM JANUARY 21, 1992 37 . Appeal - Planning Commission' s denial of Conditional Use Permit No. 91-28 and Variance No. 91-08, requesting approval to permit the sales of beer and wine for off-site consumption and a variance permitting a convenience store to be constructed on less than the minimum lot size and permit a reduction in loading space requirements - Mr. & Mrs . Kenzie Wooten. (Backup material was distributed on January 21, 1992, Item No. 40) Appellant/Owner: Kenzie L. Wooten Applicant: Value Homes Location: Ward 6. Property is a rectangularly-shaped parcel of land consisting of approximately . 151 acres having a frontage of about 50 feet on the south side of Baseline Street and being located about 300 feet east of the centerline of Mt. Vernon Avenue and further described as being located at 1255 W. Baseline Street. Staff recommendation: Deny the appeal and deny Conditional Use Permit No. 91-28 and Variance No. 91-08 based on the findings of fact contained in Exhibit "D" . Planning Commission recommendation: Denied both the conditional use permit and variance based on the findings of fact. VOTE: Ayes: 4 Nays: 3 Absent: 2 Mayor to open the hearing . . . MOTION: That the hearing be closed and staff recommends #1 that the distance standards for convenience stores not be amended to include reductions to the distance requirements for convenience stores; and MOTION: That the hearing be closed and staff recommends that the Mayor and Common Council deny the appeal and deny Conditional Use Permit No. 91-28 and Variance No. 91-08 based on findings of fact contained in the staff report to the Planning Commission dated November 6, 1991. 15 2/3/92 s/3 ✓ /' /� 3//� 2-- CONTINDED FROM JANUARY 6 1992 38 . Appeal - Planning Commission' s denial of Conditional Use Permit No. 91-39, requesting approval to construct a billboard on the same site that a billboard was removed to facilitate the construction of a retail center - Gannett Outdoor Co. , Inc . (Backup material was distributed on January 6, 1992, Item No. 24, new staff report attached) Filed by: Gannett Outdoor Advertising Co. , Inc. 213 - 222 - Owner: The "E" Street Shopping Center Joint Venture Location: ward 3. Located on the west side of the 700 South block of "E" Street, across from Orange Show Fairgrounds. The property is an irregularly-shaped parcel of land consisting of about 2 .3 acres having a frontage of about 580 . 39 feet on the west side of "E" Street. Staff recommendation: It is recommended that the Mayor and Council deny the appeal and deny Conditional Use Permit No. 91-39 based on the findings of fact contained in Attachment "B" . Planning Commission recommendation: Deny based upon findings of fact. VOTE: Ayes: 6: Nays: 0; Absent: 3 . Mayor to open the hearing . . . MOTION: That the hearing be closed and that the Mayor and 11 Common Council deny the appeal and deny Conditional Use Permit No. 91-39 based on the findings of fact contained in Exhibit D. or MOTION: That the hearing be closed and that the Mayor and #2 Common Council approve Conditional Use Permit No. 91-39 in concept and refer the matter back to staff to develop positive findings of fact. 16 2/3/92 39 . Initiation of a Development Code amendment to allow miscellaneous indoor and outdoor recreational uses as permitted uses in the CH, Commercial Heavy, land use istr (See Attached) MOTION: That Planning staff be directed to prepare a Development Code amendment to allow miscellaneous indoor and outdoor recreational uses as permitted uses in the CH, Commercial Heavy, land use district. E 40. Initiation of a Development Code amendment to include certain city sponsored uses as permitted uses through a Tempora Use Permit. (See Attached) MOTION: That the Planning Division be directed to initiate a Development Code amendment to expand the uses permitted through a Temporary Use Permit. L� TO BE HEARD AT 2.00 P.M. 41. Public hearing - General Plan Amendment No. 91-21 - a proposal to change the text of the RU, RM, RMH and RH - to establish legally existing multi-family structures as conforming and permitted uses . (See Attached) Resolution of the City of San Bernardino adopting and approving General Plan Amendment No. 91-21 to the General Plan of the City of San Bernardino. Ordinance of the City of San Bernardino amending Sections 19 . 04 . 010(2) (D. and E. ) and 19 .04 . 030(2) (L.-P. ) and Tables 04 .01 and 04.03 of the San Bernardino Municipal Code (Development Code) to establish legally existing multi- family structures as permitted, conforming uses in the RU, Residential Urban, RM, Residential Medium, RMH, Residential Medium High and RH, Residential High land use districts citywide and to establish standards for additions, alterations and expansions to such structures . Mayor to open the hearing . . . (See next page for motion) 17 2/3/92 MOTION: That the public hearing be closed; that said resolution be adopted and said ordinance be laid over for final adoption. C/, 't cepwu�� TO BE HEARD AT 2:00 P.M. 42 . Public hearing - Development Code Amendment No. 91-07 - to permit indoor retail concession malls in the CG-1, CG-2, CG- 4, Commercial General and CH, Commercial Heavy land use districts city wide and to provide standards by which the use may be established. (See Attached) (Cost to City- $25 from General Fund) Ordinance of the City of San Bernardino amending Sections 19 . 02. 050, 19 .06 .020, Table 06.01(G) , 19 . 06 .030( 1) (B) , 19 .06 . 030(2) , and 19 .24 . 040 of the San Bernardino Municipal (Development Code) to permit indoor retail concession malls in the Commercial General (CG-1, CG-2, CG-4) and Commercial Heavy (CH) land use districts citywide, and to provide standards by which the use may be established. Mayor to open the hearing . . . NOTION: That the hearing be closed and said ordinance be laid over for final adoption. TO BE AT 2.00 P.M. 43 . Public hearing - Development Code Amendment No. 91-08 - to revise Development Code room size standards, and unit size standards . (See Attached) (Cost to City - $25 from General Fund. ) Ordinance of the City of San Bernardino amending Sections 19 .04 . 030(2) (G) and 19 .04 . 030(2) (H) (1) (a) of the San Bernardino Municipal (Development) Code to revise minimum residential room size standards for non-infill single-family detached dwellings in the Residential Estates (RE) , Residential Low, (RL) , Residential Suburban, (RS) and Residential Urban, (RU) land use districts citywide. Mayor to open the hearing . . . (See neat page for motion) 18 2/3/92 .. MOTION: That the hearing be closed and said ordinance be laid over for final adoption. p 44 . Adjournment. 4 / 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. 19 2/3/92 SUPPLEMENTAL AGENDA FEBRUARY 3, 1992 S-1 Request for Civic and Promotional funding for activities in connection with Black History Month. (See Attached) (Cost $7,000 from General Fund. ) MOTION: That $7,000 be allocated from the Civic and Promotion fund to assist the Black Culture Foundation in defraying costs associated with Black History Month. l 1 2/3/92