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HomeMy WebLinkAbout03-02-1992 Reg Mtg AGENDA REGULAR MEETING MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MONDAY, MARCH 2, 1992 - 8:30 A.M. COUNCIL CHAMBERS CALL TO ORDER ROLL CALL QQ PRESENT: z. 31 Y, ABSENT: / L fF 7 °^n ^ t cL © d _33 a m• J #Co a/�4 w°<< f N7a -IY7 • 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 3/2/92 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; g1 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; City of Redlands vs Inland Valley Development Agency, et al - San Bernardino Superior Court Case No. 255222; County vs . City of San Bernardino (RDA) - 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; Tomas Armendariz , et al vs . James F. Penman, et al - United States District Court Case No. 91-5757 CMB (WRx) ; Matthew Hobbs vs. City of San Bernardino, et al - San Bernardino Superior Court - Case No. 250971; Davis vs. County of San Bernardino - San Bernardino Superior Court - Case No. 252971. END OF CLOSED SESSION 2 3/2/92 RECONVENE MEETING - 9:30 A.M. ROLL CALL y : 3 L PRESENT: �� 2 . 3 , ABSENT: INVOCATION: . PLEDGE: 2 . Announcements by Mayor and Council. = LeTrpR I r°" 0 fin,, &NTi�,O J 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) MOTION: That the following appointments be approved. George Wilder - Franchise Bureau - Council Member Hernandez. S-t (See Attached) George W. Sjostrand - Senior Affairs Commission - Mayor Holcomb. (See Attached) No�o� d J. RoT, —?ARKS 1QG crCw1 �ornm s5 on CouNCiL MembeG j4erngndeZ CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 25 be adopted except for P,/o, /,3 �: —. _. —. —, and 5 . Waive fu 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. N�3 3 3/2/92 (Consent Calendar continued) 6 . Co nutes . MIO That the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino , be approved as submitted in typewritten form: January 6, 1992 (Delivered on 2/20/92) January 21, 1992 (Delivered on 2/24/92) 7 . Set public hearing - 10:00 a.m. - March 16, 1992 - setting special fee area for Palm Avenue box culvert at Cable Creek and Traffic Signal at Palm/Kendall. (See Attached) Ward 5 MOTION: That a public hearing be set for March 16, 1992, at 10:00 a.m. for adoption of resolution setting a special fee area for Palm Avenue Box Culvert at Cable Creek and traffic signal at Palm/Kendall. y /3 8. Set public hearing - 10:00 a.m. - March 16, 1992 - to discuss the establishment of video production service fees. / (See Attached) MOTION: That a public hearing to discuss the establishment of video production service fees be 0�0` set for 16, 1992 at 10:00 a.m. S� TTo WR(✓C y-�RThe2 RBAO/'N6 PA.rSeq , 52 / o 1Ay OVe"— 9 . Approval of funds for the acquisition of a PA/record player for Nicholson Community Center. (See Attached) (Cost to City - $512 from Third Ward Park Extension Funds. ) Ward 3 MOTION: That $512 from Third Ward Park Extension Funds for the acquisition of a PA/record player for Nicholson Center, be approved. N�s 4 3/2/92 (Consent Calendar continued) J 10. Refer request from San Bernardino Spirit Baseball to allow firework shows at Fiscalini Field on July 3 and 4, 1992 to the Legislative Review Committee. (See Attached) Ward 2 MOTION: That the equest om the San Bernardi Spirit Basebal Club to a low firework sh on July 3 and 4, 1992 at Fis alini Field a referred to the egislative Revie mmi e. 3- t- 56"'.`x' 11. Approve salary reduction of Telecommunications Technical Coordinator. (See Attached) MOTION: That a change of the salary for Telecommunications #1 Technical Coordinator, from Range 2361, $2,434- $3,262/month, to Range 2352, $2,329-$3,121/month, be approved. and MOTION: That the Personnel Department be directed to #2 update Resolution 6413, Section 10, and Resolution � 6433 . `,/j 12 . Cl nd Payroll. (See Attached) MOTION: That the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated February 21, 1992, from the Director of Finance, be approved. — ��5 r 3 P ersonnel Actions . (See Attached) NOTION: That the personnel actions submitted by the Chief Examiner, dated February 21, 1992, in accordance with all administrative regulations of the City of San Bernardino, be approved. 5 3/2/92 (Consent Calendar continued) RESOLUTIONS NOTION: hat the following resolutions be adopted. City Clerk 14 . Resolution of the City of San Bernardino confirming costs of abatements and imposing liens on certain parcels of real property located within the City of San Bernardino for the costs of the abatement of public nuisances. (Building Abatements) (See Attached) N/3 Parks. Recreation & Community Services 15 . Resolution of the City of San Bernardino authorizing the execution of a contract with the County of San Bernardino relating to the City' s utilization of minors in the Juvenile Work Program. (Cost to City - $18,200 from General Fund. ) �. (See Attached) LEI$ '\P ersonnel f 16 . Resolution of the City of San Bernardino amending Resolution No* 6433, Section Four, reflecting vacancies recommended for deletion. 'YlA Police 17 . Resolution of the Council of the City of San Bernardino, California, approving the destruction of certain police records, documents and papers, pursuant to Section 34090 and 34090 .5 of the Government d of the State of California. (See Attached) / `� 5 6 3/2/92 L,. (Consent Calendar continued) L . Public Services 18. 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. d Abatement) (See Attached) N/5 Public Works/Engineering 19 . Resolution of the City of San Bernardino awarding a contract to All Pro Masonry, A.J.V. for construction of a six foot block wall at Nicholson Park and Fire Station No. 9. (See Attached) (Cost to City - $29,650 from Community Development Block Grant Funds. ) Ward 3 (Contract documents are avail in City Clerk' s Office) N5 �. 20. A resolution of the City of San Bernardino confirming Assessment Roll No. 1004 for the improvement of portions of Commercenter East and Hospitality Lane, in the City of San Bernardino, and approving Assessment Diagram Map No. 1004. (See Attached) (Cost to City - $67,262.65 from Assessment District Funds. ) (Assessment_ Roll is available in the City Clerk' s Office) H5 Ward 3 21. Resolution of the City of San Bernardino preliminarily determining that public convenience and necessity require the formation of a landscape installation and maintenance u1ill assessment district located along the parkways and median blc �I strips of Waterman Avenue between Baseline Street and p�_ Interstate 10; declaring its intention to proceed to order �ePa 100. within the district, to be known as Assessment District No. 1000; and setting and directing publication of Notice of a time and date of a public hearing. (See Attached) (Cost to City - $987,493.20 from Assessment District Funds. ) (Assessment Roll lable in the City Clerk' s Office) Wards 1, 2 & 3 2 � 1 7 3/2/92 (Consent Calendar continued) Purchasing 22 . Resolution of the City of San Bernardino awarding a purchase order to Fairview Ford for the furnishing and delivery of three (3) each, one ton flat bed trucks, to be utilized by the Public Services/Street Department in accordance with bid specification F-92-15. (See Attached) (Cost to City- $60,606.14 from General Fund us Treasurer 23. Resolution of the City of San Bernardino acknowledging the receipt and filing of the Annual Statement of Investment Policy for the year 1992 . (S Cached) NIS ORDINANCES - FINAL READING l OTIO:N--D That the following ordinances be adopted. 24 . An ordinance of the City of San Bernardino adding Chapter 2 .75 to the San Bernardino Municipal Code Relating to the use of the City' s Television/CATV broadcast facilities by the Mayor or members of the C Council. (See Attached) yI5 25 . Ordinance of the City of San Bernardino amending Sections 19 . 04 .010( 1) , 19 . 04 . 030(2 ) , 19 . 06 . 010( 1) , 19 . 06 .030(2) 19 .08 .010(1) , 19. 10.010( 1) and 19 . 10.030 and Tables 04.01, 04 .03, 06 . 01 and 06 .03 of the San Bernardino Municipal Code (Development Code) to establish legally existing single family dwelling units as permitted, conforming uses in all land use districts citywide and to establish standards for additions, alterations and-- expansions to such dwelling units. (See Attached) ' END OF CONSENT CALENDAR 8 3/2/92 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 - resolution establishing a filing fee for initiative petitions . (See Attached) Resolution of the City of San Bernardino establishing a filing fee for initiative petitions. Mayor to open the hearing . . . MOTION: That the hearing be osed and said resolution be adopted. 3�z C furze R-7/ 14 - '`. TO BE HEARD AT 10:00 A.M. 27 . Public hearing - adopting the Source Reduction and Recycling Element and Household Hazardous Waste Element. (See Attached) Resolution of the City of San Bernardino adopting the mitigated negative declaration of environmental impact and the mitigation reporting/monitoring program, and adopting Public Works Project No. 91-09B, the Source Reduction and Recycling Element and Household Hazardous Waste Element. Mayor to open the hearing . . . MOTION: That the hearing be closed and said resolution be adopted. 9 3/2/92 1 . (Public hearings continued) TO BE HEARD AT 10:00 A.M. 28. Public hearing - street vacation of a portion of north/south alley west of "E" Street, between Magnolia Avenue and Evans Avenue. (See Attached) Ward 2 Resolution of the City of San Bernardino ordering the vacation of a portion of the north/south alley lying west of "E" Street, between Magnolia Avenue and Evans Avenue, in the City of San Bernardino and reserving easements for public utility purposes therein. Mayor to open the hearing . . . MOTION: That the hearing be closed and the findings of fact as set forth in the staff report from Roger G. Hardgrave, Director of Public Works/City Engineer, as to why a portion of that certain north/south alley lying west of "E" Street, between Magnolia Avenue and Evans Avenue, is no longer necessary for street purposes, be adopted; and that said resolution be adopted. TO BE HEARD AT 10:00 A.M. 29 . Public hearing - street vacation of a portion of north/south alley west of "E" Street, between 14th Street and Magnolia Avenue. (See Attached) Ward 2 Resolution of the City of San Bernardino ordering the vacation of a portion of the north/south alley lying west of "E" Street, between 14th Street and Magnolia Avenue in the City of San Bernardino and reserving easement for public utility purposes therein. Mayor to open the hearin( D / 5 (See neat p or motion) 10 3/2/92 (Public hearings continued) MOTION: That the hearing be closed and the findings of fact as set forth in the staff report from Roger G. Hardgrave, Director of Public Works/City Engineer, as to why a portion of that certain north/south alley, west of "E" Street, between 14th Street and Magnolia Avenue, is no longer necessary for street purposes, be adopted; and that said resolution be adopted. TO BE HEARD AT 10:00 A.M. 30. Public hearing - street vacation of a portion of a north/south "paper" street and the remainder of an east/west alley, south of Highland Avenue, west of Valaria Drive. (See Attached) Ward 4 Resolution of the City of San Bernardino ordering the `. vacation of a portion of that certain north/south "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 utility purposes therein. Mayor to open the hearing . . . MOTION: That the hearing be closed and the findings of fact as set forth in the staff report from Roger G. Hardgrave, Director of Public Works/City Engineer, as to why a portion of that certain north/south "paper" street and the remainder of the east/west alley lying south of Highland Avenue and west of Valaria Drive, are no longer necessary for street purposes, be adopted; and that said resolution be adopted. 11 3/2/92 (Public hearings continued) TO BE BEARD AT 10:00 A.M. - CONTINUED FROM FEBRUARY 17 1992 31. Public hearing - resolution increasing the Verdemont area infrastructure fee for right-of-way improvements and public improvements. (See Attached) Ward 5 Resolution of the City of San Bernardino revising Section 1 of Resolution 90-2 relating to the amount of an infrastructure fee to be levied for right-of-way improvements and public improvements . Mayor to en the hearing . . . MOTION: T at the hearing be closed, and the resolution stablishing the increase of infrastructure fee from $6,976 to $7,699, be adopted. T BE AT 7.00 P. 3 Public heari ablishing an electrical energy fee for u outdoor sports facilities by youth sports organizations. Resolution of the City of San Bernardino amending Resolution No. 91-35 modifying fees for use of buildings, sports facilities, park and recreation facilities, alcohol use permits, parks and parking lots, equipment and services and Sturges Auditorium, by establishing electrical energy fees for youth sports organizations and establishing 50% of the current rate for use of park and recreation facilities by San Bernardino City Unified School District. MOTION: That the hearing be closed and said resolution be adopted. 12 3/2/92 STAFF REPORTS CONTINUED FROM FEBRUARY 3 1992 33. Update and discussion relative to the nightly news program. (Item was discussed at a luncheon workshop on February 3, 1992, Item. No. 35) S 34 . Request for waiver of fees in the amount of $350 for use of Hernandez Community Center for anti-drug and gang rally. (See Attached) MOTION: That the request to waive fees in the amount of #1 $350 for use of Hernandez Center for an anti-drug and gang rally be approved. or NOTION: That the request to waive fees in the amount of #2 $350 for use of Hernandez Center for an anti-drug and gang rally be denied. 5/7 t 35 . Request to waive fees and co-sponsor St. Patrick' s Day Parade. (See Attached) Ward 3 MOTION: That the St. Patrick' s Day Parade scheduled for #1 March 14, 1992, be co-sponsored by the City as a promotional event and that Police overtime costs, Public Services street sweeping costs and Traffic Engineering barricade placement and manpower costs in the amount of $2,463 . 80, be waived. ION: That the request for waiver of :fees n the amount#2 of $2,463.80 to cover costs ased with the conduct of the St. Patrick' s Dde on March 14, 1992, be denied. ( 5-17 13 3/2/92 - kD �q . Staff Reports continued 4 36 . Discuss and take possible action regarding the policy for selection of brokers for Redevelopment Agency and city land purchases - Council Member Estrada. (See companion item on Community Development Commission Agenda. ) NOTION: To discuss and take possible action regarding the policy for selection of brokers for Redevelopment Agency and City land purchases. 37 . Selection of options - policy direction for Fiscal Year 1992-93 Budget. (See Attached) City Attorney 38 . Discuss and take possible action concerning Ordinance MC- 820 adopted on February 17, 1992, increasing the amount of service users tax to eight and one half percent. (See Attached) 39 . Luncheon workshop to discuss Capital Improvement Program- 12 noon to 1:30 p.m. - MIC Room, Sixth Floor. 14 3/2/92 RECONVENE MEETING � . PLANNING MATTERS 2 :00 P.M. ROLL CALL °2 1 0 2 -TY) PRESENT: 3, y, S Co ABSENT: / `7 CONTINUED FROM FEBRUARY 17, 1992 40. AARpeal - 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 originally distributed on January 6, 1992, Item No. 24, see new staff report attached) 0 Filed by Gannett Outdoor Advertising Co. , Inc. 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 #1 Common Council deny the appeal and deny Conditional Use Permit No. 91-39 based on the findings of fact contained in Exhibit D. or See next page r ,additional motion) 15 3/2/92 4 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. CONTINUED FROM FEBRUARY 3. 1992 41. 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, see new staff report attached) 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 Mayor and Common Council deny the appeal and deny Conditional Use Permit No. 91-28 and Variance No. 91-08 on the findings of fact contained in the staff report to the Planning Commissi dated November 6, 1991. 16 3/2/92 42 . Adjournment. MOTION: That the meeting be adjourned to Saturday, March 7, 1992, at 8 :30 a.m. , in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California. 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. 17 3/2/92 l SUPPLEMENTAL AGENDA MARCH 2 , 1992 /S-1 Appointment - Howard J. Roth - Parks and Recreation Commission - Council Member Hernandez. (See Attached) M That the appointment of Howard J. Roth, to the OTION: Parks and Recreation Commission, be approved. oL/S S-2 Authorize Change Order No. Two - transfer of funds and installation of an additional nine street lights on Waterman Avenue from 2nd to 9th Street - Steiny & Company, Inc . (See Attached) (Cost to the City - $18,900 from Measure "I" Local Funds. ) Wards 1 & 3 MOTION: That the transfer of $18,900 from Account No. 129- 309-57837 , "Widen Tippecanoe Avenue (east side) , from I-10 to Hardt Street, " to Account No. 129- 309-57281, "Installation of nine street lights on Waterman Avenue, " be approved. and MOTION: That Change Order No. Two to the contract with Steiny & Company, Inc. , for installation of street lights on Waterman Avenue, from 2nd to 9th Street, in accordance with Plan No. 8201, be approved, to authorize the installation of nine additional street lights, for an increase in the contract price of $18 , 893 . 59 , from $62 ,406 . 00 to $81,299 .59 . Co/S 1 3/2/92