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HomeMy WebLinkAbout05-04-1992 Reg Mtg AGENDA REGULAR MEETING MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MONDAY, MAY 4, 1992 - 8 :30 A.M. COUNCIL CHAMBERS CALL TO ORDER ROLL CALL PRESENT: Z 3. Al, S ABSENT: !2� i r 7 � (9 P'• 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 i 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 5/4/92 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; City of Redlands vs . Inland Valley Development Agency, et al - San Bernardino Superior Court Case No. 255222; County vs. City of San Bernardino (RDA1 - 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) , L 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) ; Brenda Anderson vs . City of San Bernardino - San Bernardino Superior Court Case No. 243039; City of San Bernardino vs . Skadron - San Bernardino Superior Court Case No. 266719; �. 2 5/4/92 Janet Summerfield vs . W.R. Holcomb. et al - United States Federal District Court - Case No. CV 91-731 AHS (RWR) ; Brenn vs . Hernandez/City of San Bernardino - San Bernardino Superior Court Case No. 263047 . END OF CLOSED SESSION � _ 3 5/4/92 RECONVENE MEETING - 9 :30 A.M. ROLL CALL 9 :3 / 4 , -Yn . PRESENT: Q22±=,—O- /, 2. 3 , fe 6, 7 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. ) J4 . Appointments/Presentations. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 25 be adopted, except for 7 , _9 , 1, and 5 . Wai 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 5/7 waived. 4 5/4/92 (Consent Calendar continued) 6 . Approve salary increases for headstart/preschool positions . (See Attached) MOTION: To approve salary increases for the following headstart/preschool positions, retroactive to September 1, 1991: Teacher Director ( from 5�7 $9 . 73 hour to $10 . 22/hour) ; Teacher ( from $8 .47/hour to $8 . 89/hour) ; Teacher Aide (from $5.27/hour to $5.53) ; and Clerk (from $5.27/hour to $5 .53/hour) . 7 . Set public hearing - June 1, 1992 - 10:00 a.m. - relative to a proposed increase in the residential and commercial refuse collection rates. (See Attached) MOTION: That a public hearing be set for Monday, June 1, 1992 at 10:00 a.m. for the purpose of receiving public comment relative to a proposed increase in the residential an commercial refuse collection rates. � 8 . Authorization to proceed and plan approval for the proposed vacation of a portion of Kendall Drive right-of-way, northerly of Kendall Drive and southeasterly of Palm Avenue. (See Attached) Ward 5 NOTION: That the Director of Public Works/City Engineer 11 and the City Clerk be authorized to proceed with the proposed vacation of a portion of Kendall Drive right-of-way lying northeasterly of Kendall Drive and southeasterly of Palm Avenue. and MOTION: That Plan No. 8704, showing the proposed vacation 12 of a portion of Kendall Drive right-of-way lying northeasterly of Kendall Drive and southeasterly of Palm Avenue, be approved. V �. 5 5/4/92 (Consent Calendar continued) 9 . Approval of Change Order No. One - extension of contract for one year (7/1/92 to 6/30/93) no Increase in Contract Price- security patrol in portions of Highland/Arden area- Skyline Aero Security. (See Attached) (Cost to City- $44,510 from Assessment District funds, 1992/93 budget. ) Ward 7 MOTION: That Change Order No. One to the contract with Skyline Aero Security, for security patrol in portions of the Highland/Arden area, in accordance S l� with Plan No. 7701, be approved to extend the term of the contract for a period of one year, from July 1, 1992 to June 30, 1993, at no increase in the contract unit prices . 10 . Claims and Payroll. (See Attached) OTION: That the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated April 20, 1992, from the Director of 5/7 Finance, be approved. 11 . Personnel Actions . (See Attached) OTION: That the personnel actions submitted by the Chief Examiner dated April 24, 1992, in accordance with all administrative regulations of the City of San 5/7 Bernardino, be approved. RESOLUTIONS MOTION: hat the following resolutions be adopted. City Administrator's Office 12 . Resolution of the City of San Bernardino authorizing a settlement agreement with Southern California Edison Company relative to payment of outstanding franchise fees and utility users tax. (See Attached 6 5/4/92 (Consent Calendar continued) 13. Resolution of the City of San Bernardino authorizing the execution of an agreement between said City and the National Orange Show, a non-profit organization concerning the provision of law enforcement and security services at the National Oran Show during the 1992 Exposition. sl�l Attorney 14 . Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Inland Empire Hispanic Chamber of Commerce relating to financial assistance from the Civic and Promotion Fund for Fiscal Year 1991-92, and repealing Resolution No. 92- 142 . (See Attached) 7 Police 15. Resolution of the Mayor and Common Council of the City of San Bernardino, California, approving the destruction of certain Police applicant files and papers pursuant to Section 34090 of the Government Code of the State of California. (Staff report atta ed) 5/7 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. (Weed Abatement) (See Attached) 5�7 7 5/4/92 (Consent Calendar continued) Public Works/Engineering 17 . Resolution of the City of San Bernardino authorizing the execution of a counterpart of the final National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Implementation agreement - Santa Ana Region, with the County of San Bernardino, the San Bernardino County Flood Control District, and cities that are co-permittees under the NPDES permit, and rescinding Resolution No. 92-129 . (Cost to City - $79,700 from General Fund, 1992/93 Budget. Costs to be recovered from storm drain systems fees collected during the 1992/93 Fiscal Year) (See At ched) ��7 18 . Resolution of the City of San Bernardino accepting the appraiser' s determination of fair market value of property located northerly of Kendall Drive (for acquisition of a portion of the Pepper-Linden Drive extension) between University Parkway and Pine Avenue in San Bernardino, California, and certifying t work of the appraiser. (See Attached) 5/ Ward 5 7 Cajon & Pepper Linden Acquisition Assessment District No. 1003 - installation of public improvements, i.e. , curb, gutter, paving, sidewalks, etc . (See five following resolutions. ) 19 . Resolution of the City of San Bernardino making findings on petition in Assessment District No. 1003 . (See Attached) c/ Ward 6 S 20 . Resolution of the City of San Bernardino making appointments and approving agreement for Assessment District No. 1003 . (See Attached) Ward 6 5 �7 8 5/4/92 ti (Consent Calendar continued) 21. Resolution of the City of San Bernardino adopting a map showing the proposed boundaries of Assessment District No. 1003 . (See Attached) O Ward 6 22 . Resolution of the City of San Bernardino declaring intention to order the installation of certain improvements in a proposed assessment district; declaring the work to be of more than local or ordinary benefit; describing the district to be assessed to pay the costs and expenses thereof; and providing for the issuance of bonds in Assessment District No. 1003. (See Attached) O Ward 6 23 . Resolution of the City of San Bernardino passing on the "Report" of the Engineer, giving preliminary approval, and setting a time and place for public hearing in Assessment District No. 1003 . (Cost to City - $1,183,473.49 from Assessment District Funds) Attached) Ward 6 5/7 24 . MOTION: That the transfer of $24, 000, from Account No. 245-365-57704 , " City ' s Share of Sewer Extensions , " to Account No. 245-365-57886 , "Replacement of Sewer Main - "D" Street" , be approved. Resolution of the City of San Bernardino awarding a contract to T.L. Pavlich Construction for replacement of existing sewer main in "D" Street, from Seventh Street to Ninth Street. (Cost to City - $102,000 from Sewer Line Construction Fund) (See Attached) Ward 1 (Contract documents are available in City Clerk' s Office) 5L7 ., 9 5/4/92 6 (Consent Calendar continued) ORDINANCE - FINAL READING 25 . An ordinance of the City of San Bernardino adding Chapter 15. 55 to the San Bernardino Municipal Code relating to local enforcement of laws and regulations relating to mobile home parks . - (See Attached) MOTION: That said ordinance be adopted. S 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 - establishment of license fees for dogs . (See Attached) Resolution of the City of San Bernardino establishing license fees for dogs and repealing Resolution 88-286 . Mayor to open the hearing . . . MOTION: That the hearing be closed and said resolution be adopted. 10 5/4/92 (Public Hearings continued) TO BE BEARD AT 10:00 A.M. 27 . Public hearing - establishment of fees for animal related permits . (See Attached) Resolution of the City of San Bernardino establishing fees for animal related permits. Mayor to open the hearing . . . MOTION: That the hearing be closed and said resolution be adon-l-�-7) TO BE HEARD AT 10:00 A.M. 28 . 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 license fees . Mayor'to open the hearing . . . MOTION: That the hearing be closed and said resolution be adopted. S-A- TO BE BEARD AT 10:00 A.M. - CONTINUED FROM NOVEMBER 4, 1991 29 . Appeal - Board of Building Commissioners - rehabilitate structures to meet all Building and Safety Codes - 1095 West Spruce Street - Maurice Peters . Oral report to be presented by the Department of Planning and Build' g Services. 3d � 11 5/4/92 L RESOLUTIONS / MOTION: That the following resolutions be adopted.O/ CONTINUED FROM APRIL 6. 1992 iii���"' 30 . Resolution of the City of San Bernardino authorizing the execution of an agreement with the Broadway Celebrity Play Season for the promotion of arts and culture. (Backup material was distributed on April 6, 1992, Item No. 21) '6 C Z7 31. Resolution of the Mayor and Common Council of the City of San Bernardino, California approving a certain members ' settlement agreement and a certain joint exercise of powers agreement creating an agency to be known as the San Bernardino Regional Airport Authority. (See Attached) 7 1414 32 . Resolution of the Mayor and Common Council of the City of San Bernardino, California approving the appointment of certain representatives to serve on the San Bernardino Regional Airport Authority. (See Attached) �_ 12 5/4/92 ORDINANCES - FIRST READING MOTION: That the following ordinances be laid over for final adoption. 33 . An ordinance of the City of San Bernardino amending Sections 3.44 .010 and 3 .44 . 030 of the San Bernardino Municipal Code relating to service users tax. (See Attached) 0 34 . Ordinance of the City of San Bernardino amending Section 6 .24 . 170 of the San Bernardino Municipal Code relating to rabies vaccination requirements and the issuance of rabies vaccination certificates, adding Sections 6 .24. 190 through 6 .24 .250 to the San Bernardino Municipal Code establishing rabies control provisions, and deleting Sections 6 .24 .070 and 6 .24. 120 in their entirety. (See Attached) 35 . An ordinance of the City of San Bernardino amending Section 2 . 17 .035 of the San Bernardino Municipal Code relating to alternate Board, Bureau or Commission members . (See Attached) �_ 13 5/4/92 STAFF REPORTS CONTINUED FROM APRIL 6 . 1992 J36 . Assessment District No. 1000 - installation and maintenance of landscaping on Waterman Avenue. (Backup material was distributed on April 6, 1992, Item No. 49, new staff report attached) Wards 1 6 3 MOTION: That the scope for Assessment District No. 1000, 11 installation and maintenance of landscaping on Waterman Avenue, from Route I-10 Freeway to Base Line Street, be reduced to include only installation of landscaping in the curbed medians in Waterman Avenue, from the Route I-10 Freeway to Mill Street, and the boundaries reduced to include only the parcels fronting on Waterman Avenue, from the I-10 Freeway to Mill Street. MOTION: That the contribution of $81 , 842 from 12 Redevelopment Tax Allocation Bond Proceeds, to finance 1/2 of the cost for installation of landscaping in the curbed medians in Waterman Avenue, from the Santa Ana River to Mill Street, be approved. MOTION: That the City Engineer be authorized and directed N3 to revise the resolution ordering work, and amend the Resolution of Intention and Engineer' s Report, to include only the installation of landscaping in the curbed medians in Waterman Avenue, with the cost financed equally through assessments on the properties and a contribution by the City, and that this item be continued to the first Council meeting in September, 1992 . (See next page for additional motions) �, 14 5/4/92 t (Staff reports continued) MOTION: That the City Clerk and City Engineer be 14 authorized and directed to proceed with the formation of a City-wide assessment district for maintenance of landscaping, to finance the costs for maintenance of landscaping within the curbed medians, in streets such as Waterman Avenue, Valencia Avenue, Mt. View Avenue, Muscupiabe Drive, and about 16 other locations of landscaping in street rights-of-way, that are maintained by the Department of Parks and Recreation, and 1/2 of the costs in established assessment districts for landscape maintenance. MOTION: That the Director of Planning and Building #5 Services be requested to include commercial/ manufacturing uses within the study authorized by Council on February 2, 1992, of appropriate land uses along South Waterman Avenue. Community Development Commission - action MOTION: That the Redevelopment Agency counsel be directed f6 to prepare mutual benefit resolutions to facilitate the appropriation and expenditure of Agency funds relating to this project. *City Administrator's Note: Motion #2 is an approval in principle. The allocation of $81,,842 in Redevelopment Tax Allocation Bond Proceeds will be finalized with the adoption of mutual benefit resolutions referred to in Motion # 6 . 15 5/4/92 RECONVENE MEETING PLANNING MATTERS 2 :00 P.M. ROLL CALL PRESENT: ABSENT: TO BE HEARD AT 2:00 P.M. - CONTINUED FROM APRIL 20, 1992 37 . Anneal - 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 March 2, 1992, Item No. 40, new staff report .� attached) 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 for additional motion) ,," 16 5/4/92 MOTION: That the hearing be closed and that the Mayor and A2 Common Council approve Conditional Use Permit No. 91-39 in concept and refer the matter back to staff to develop positive findings of fact. TO BE HEARD AT 2:00 P.M. - CONTINUED FROM APRIL 20, 1992 38 . Appeal - Planning Commission' s denial of Variance No. 91-16 relative to signage for large centers - Walmart - Gatlin- Doerken Development Corporation. (Backup material was originally distributed on January 21, 1992, Item No. 41) „ - (See related Item No. 39 on Council agenda) Filed by: Sierra Engineering Owner: William and Benita Buster Location: ward 4. North side of Highland Avenue at the termination of Boulder Avenue, approximately 400 feet east of Denair Avenue. Staff recommendation: Deny the appeal and deny all six additional variance requests . Planning Commission recommendation: Deny requests based upon findings of fact (Attachment B-2) and subject to Conditions of Approval (Attachment C-2) . VOTE: Ayes: 6; Nays : 0; Absent: 3 . MayaF o open the hearing . . . /MOTION: That the hearing be closed; that the Mayor and I1 Common Council deny the appeal, denying the variance and direct staff to prepare a Development Code amendment relative to freeway sign standards to allow freeway signs 35 feet in height and 125 -,1 /7 square feet in area for centers of 25 acres or more in area. (Supports staff ' s recommendation) or (See next page for additional motions) ( 17 5/4/92 L. MOTION: That the hearing be closed; that the Mayor and 12 Common Council deny the appeal, denying the variance and direct staff to prepare a Development Code amendment relative freeway sign standards to allow freeway signs 45 feet in height and 225 square feet in area for center of 25 acres or more in area. or MOTION: That the hearing be closed; and that the Mayor and #3 Common Council uphold the appeal and approve the variance in concept and refer the matter back to staff to develop positive findings of fact. (Supports appellant ' s request) TO BE HEARD AT 2:00 P.M. - CONTINUED FROM APRIL 20, 1992 39 . Public hearing - Development Code Amendment No. 92-02 - to establish new sign program requirements and standards and establish monument sign standards for multi-tenant centers in commercial land use districts. (Backup material was originally distributed on April 6, 1992, Item No. 59) (See related Item No. 38 on the Council agenda) Mayor to open the hearing . . . Ordinance of the City of San Bernardino amending Sections 19 .22 . 030, 19 .22 .040(2 ) , 19 .22 . 050( 1) , 19 .22 . 070( 1) , and 19 .22 . 150, Table 22 . 01, of the San Bernardino Municipal Code (Development Code) to add definitions to the sign code, establish new sign program standards, give temporary window signs an exempt status, and establish standards for monument si or multi-tenant centers 25 acres or more in size. MOTION: That the hearing be closed and that said ordinance #1 laid over for final adoption. or MOTION: That the hearing be closed and Development Code #2 Amendment No. 92-02 be denied. � .. 18 5/4/92 TO BE HEARD AT 2.00 P.M. - CONTINUED FROM APRIL 20, 1992 40. Public hearing - final determination for Tentative Tract No. A, 15228 - request to establish an 18-lot single family subdivision - Mr. James Stancliff & Mr. William Hauser. (Backup material was distributed on April 20, 1992, Item No. 38, new staff report attached) Applicant: James Stancliff & William Hauser Owner: James Stancliff & William Hauser Location: Ward 5. Property is a rectangularly-shaped parcel of land consisting of about 5 . 71 acres located at the southeast corner of Ohio Avenue and Magnolia Avenue. Staff recommendation: Staff recommends that the Mayor and Common Council adopt the negative declaration and approve Tentative Tract No. 15228 based upon the attached findings of fact, (Exhibit 4, Attachment B) , and subject to the attached conditions of approval (Exhibit 4, Attachment C) and standard requirements (Exhibit 4, Attachment D) . Planning Commission recommendation: A motion was made to deny the project; however, the motion did not carry. (The (�.., project is considered to be denied and will be placed on the Mayor and Council agenda for final determination. ) VOTE: Ayes: 3; Nays: 3; Absent: 3 . Mayor to open the hearing . . . MOTION: That the hearing be closed and that the Mayor and 11 Common Council approve Tentative Tract No. 15228 . or MOTION: That the hearing be closed and that the Mayor and 12 Common Council deny Tentative Tract No. 15228 . -.5-6 19 5/4/92 TO BE HEARD AT 2:00 P.M. - CONTINUED FROM APRIL 6, 1992 41. Appeal - Planning Commission' s denial of Variance No. 91-14 - request to allow a freeway identification sign which exceeds the maximum allowable height and face area 2885 N. Del Rosa Avenue. (Backup material was distributed on April 6, 1992, Item No. 57, new staff report attached) Applicant: Donco & Sons, Inc . Owner: Fei Lyons Investment Location: Ward 7. The property is an irregularly-shaped .45 acre parcel located on the east side of Del Rosa Avenue approximately 180 feet north of the "cross-town" 30 Freeway and further identified as 2885 North Del Rosa Avenue. Staff Recommendation: That the Mayor and Common Council uphold the Planning Commission' s denial of Variance No. 91- 14 . Planning Commission recommendation: Deny the appeal based upon findings of fact on Attachment B. VOTE: Ayes: 6 Nays: 0 Absent: 3 . Mayor to open the hearing . . . MOTION: That the appeal of Variance No. 91-14 be continued for 30 days to the Mayor and Common Council meeting of June 1, 1992, to give staff and the owner/applicant sufficient time to address the issues identified by the Mayor and Common uncil. TO BE HEARD AT 2:00 P.M. - CONTINUED FROM APRIL 6 . 1992 42 . Appeal - Planning Commission' s denial of Variance No. 91-20 - to permit an additional wall sign over the number permitted - Kids "R" Us - 666 South "E" Street. (Backup material was distributed on April 6, 1992, Item No. 58, new staff report attached) Applicant: Alexis S. M. Chiu Kane, Ballmer & Berkman (Continued on next page) �. 20 5/4/92 Owner: Signal Kids Partnership & Signal Downey Partnership Location: Ward 3. The property consists of approximately 3 . 01 acres on the west side of South "E" Street approximately 700 feet south of the centerline of Mill Street at 666 South "E" Street. Staff recommendation: That the Mayor and Common Council uphold Planning Commission' s denial of Variance No. 91-20 based on the findings of fact contained on Attachment B. Planning Commission recommendation: Deny the appeal based on the findings of fact contained on Attachment B. VOTE: Ayes: 6 Nays: 0 Absent: 3 . Mayor to open the hearing . . . MOTION: That the appeal of Variance No. 91-20 be continued for 30 days to the Mayor and Common Council meeting of June 1, 1992, to give staff and the owner/applicant sufficient time to address the is s identified•by the Mayor and Common Council. TO BE HEARD AT 2:00 P.M. - CONTINUED FROM MARCH 16, 1992 43 . Public hearing - historic building demolition ordinance. (Backup material was originally distributed on February 3, 1992, Item No. 33, new staff report attached) Mayor to open the hearing . . . Ordinance of the City of San Bernardino amending and replacing Chapter 15. 37 of the San Bernardino Municipal Code; establishing new policies and provisions for review of demolition permit application for potentially historic / buildings and structures . MOTION: That the hearing be closed, that the negative declaration be adopted; and said ordinance be laid over for final adoption. /� -t7 !o/ Z 21 5/4/92 TO BE HEARD AT 2:00 P.M. 44 . Appeal of the Hearing Officer' s statement of decision regarding the revocation of Conditional Use Permit No. 262 (Golden Eagle Motel) - Hong Wen Yang & Lin Mei-Yung Yang. `- (See Attached) Mayor to open the hearing . . . MOTION: That the hearing be closed, that the Mayor and Common Council deny the appeal and uphold the decision of the Hearing Officer subject to the findings made in Statement of Decision. � / 14 /-V/ 45. Adjournment. MOTION: That the meeting be adjourned. 22 5/4/92 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. 23 5/4/92 SUPPLEMENTAL AGENDA MAY 4, 1992 SrI Appointment - Mr. John A. Traver - Planning Commission- Council Member Maudsley. (See Attached) MOTION: That the recommendation to appoint Mr. John A. Traver to the Planning Commission, per the request of Council Member Michael Maudsley, be approved. S-2 An ordinance of the City of San Bernardino adding Section 5. 04 .623 to the San Bernardino Municipal Code relating to Business Registration Certificates for businesses selling spray paint and wide-tip markers . (See Attached) MOTION: That said ordinance be laid over for final adoption. /7 /t i4� /7 L R C. S-3 Resolution of the City of San Bernardino awarding a contract to Mathis Construction, Inc. , for the installation of a pre- fabricated pedestrian bridge at Nunez Park. (See Attached) (Cost to City -$142,688 from 1988 Bond Act, CDBG 6 Nunez Park Expansion Funds. ) (Contract documents are available in City Clerk' s Office) Ward 3 NOTION: That said resolution be adopted. 1 5/4/92 S-4 Request for Closed Session to discuss pending litigation. MOTION: 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: Coun /ICEMA vs. City of San Bernardino - San Bernardino Superior Court Case No. 268390 . 1. 2 5/4/92 1' � N r P 1* a y /x 4 fi f j a tz ifi AE a 13 i�.... . 1 1 1 I ' u 1� f ?i K,S�pP�PdE'Y "S"F x +V s y: i > d: ��• f A"x� 3 v 2. REDEVELOPMBNT COMMITTEE MINUTES (Comm>mity Development Commission) MOTION: That the minutes of the Redevelopment Committee meeting of April 9, 1992 of the City of San Bernardino, be received and filed as submitted in typewritten form. S2. 3. COMPLIANCE WITH THE COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY CHAS (Community Development Commission) (7070-0 That the Community Development Commission receive and file the attached staff report regarding the City's compliance with its Comprehensive Housing Affordability Strategy. ----------------- ------------------ 4. HOME PROGRAM DESCRIPTION /�''� (Community Development Commission) MOTION: That the Community Development Commission receive and '1 file the attached report on the HOME Program Description. SZ i ----------------- ------------------ 5. MEDIAN LANDSCAPING ------ , (Community Development Comm ission) MOTION: \% That the Community Development Commission appropriate $15,000.00 in tax allocation bond proceeds for the landscaping of medians in accordance with the attached 3 request submitted by the Office of the City Administrator. ---------------- ------------------ M:dle:5709R COMMISSION MEETING AGENDA REGULAR MEETING — 2 — PREYING DATE: 05/04/1992 i SPACE PLAN STUDY — NEW POLICE STATION ���-- (Mayor and Common � !lDTIOR: That the space and planning study relative to the new �� police facility prepared by Archtype International be received and filed. C;1 /7 ----------------- ------------------ IMPROVSMERTS OF HUNTS I.&M CROSSING WO, B-541 0 —� (Mayor and Common Council) /MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 67 OF LOCAL AGENCY FEDERAL-AID SAFETY 0_6/) CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE WIDENING OF THE HUNTS LANE GRADE CROSSING NO. B-541.0. ----------------- ------------------ 8. PROJECT FOR PUBL C SPACES CONSULTING COFPRACT (Community Development Commission) MOTION A:�That the Executive Director be authorized to execute a --- contract in the amount of $10,000 with Project for Public Spaces, Inc., to draft a design and management plan for Z., short-term improvements to the downtown. --------------- ----------------- MOTION B: That the Executive Director be authorized to execute a contract in the amount of $7,500 with Project for Public S/2 Spaces, Inc., to draft a conceptual site plan of the Rancon/Superblock site to be used to conduct an intensive marketing campaign. ----------------- ------------------ KJH:dle:5709R COMMISSION MEETING AGENDA REGULAR !TESTING - 3 - MEETING DATE: 05/04/1992 9. COASTH[ICTIOP OF HANDICAP RAMPS AT V IOIIS LOCATIONS (Mayor and Common Council) TIOB: That the plans for construction of handicapped ramps at various locations, in accordance with plan no. 8656, be / approved; and the Director of Public Works/City Engineer s 2„ authorized to advertise for bids. ----------------- ------------------ END OF CONSENT CALENDAR 10. MAIN STREET. INC. QUARTER REPORT (Community Development Commission) MOTION: That the Community Development Commission receive and discuss the attached quarter report for San Bernardino Downtown Main Street, Inc. for the quarter beginning January 1, 1992 and ending March 31, 1992. ��2 ----------------- ------------------ 11. PROPOSED SALE OF 101 NORTH "I" STREET (Community Development Commission) MOTION: That the Community Development Commission receive and ^� file the attached staff report regarding the proposed ' sale of property located at 101 North "I" Street. A joint public hearing on the sale of this property is scheduled for Monday, May 18, 1992 at 11:00 a.m. ----------------- ------------------ 12. REAL ESTATE ACQUISITION/BROKERAGE SERVICES SOLICITATION POLICY (Community Development Commission) MOTION: That the Community Development Commission approve a real estate acquisition/brokerage services policy as set forth in the attached staff report. 3�Z ---------------- ------------------ KJH:dle:5709R COMMISSION MEETING AGENDA REGULAR MEETING - 4 - MEETING DATE: 05/04/1992 13. ANON AUTO CENTER \ (Community Development Commission) \�MOTION: That the Community Development Commission approve a business retention loan to Harmon Auto Center and authorize the Chairman and the Executive Director to execute all documentation necessary for the implementation thereof; also that the Development Department budget be increased by $144,000.00. ----------------- ------------------ 14. ADJOURN TO CLOSED SESSION MOTION: That the Mayor and Common Council and Community Development Commission recess to Closed Session for the following: A. to confer with the attorney regarding pending litigation which has been initiated formally to which the Commission is a party pursuant to Government Code Section 54956.9(a) as follows: B. to confer with the attorney regarding pending litigation pursuant to Goverment Code Section 54956.9(b)(1), as there is significant exposure to litigation; C. to confer with the attorney regarding pending litigation pursuant to Goverment Code Section 54956.9(c), so that the Commission may decide whether to initiate litigation; D. to give instruction to the Commission's negotiator on the purchase of property pursuant to Goverment Code Section 54956.8. The real property which the negotiations concern is generally located at: E. to consider personnel matters pursuant to-Government Code Section 54957. -------------- --------------- 15. ADJOURNMENT MOTION: That the Regular Meeting of the Mayor and Common Council and the Community Development Commission be adjourned to Monday, May 18, 1992 at 11:00 a.m. , in the Council Chambers of City Hall, 300 Forth "D" Street, San Bernardino, California. --------------- --------------- EJH:dle:5709H COMMISSION MEETING AGENDA REGULAR MSBTIFG — 5 — MEETING DATE: 05/04/1992 i RACHEL KRASNEY SUPPLEMENTAL AGE CITY CLERK 2ND FLOOR MAYOR AND CONNOR COUNCIL AND THE COMMONITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERN ARDINO Council Chambers, City Hall "May 4, .1992 - 11:00 A.M." (Regular Meeting) ------------------------------------------------------------------------------- CALL TO ORDER: �11 l , Z .3 '/ y (p 7 ROLL CALL: PRESENT: ABSENT: ------------------------------------------------------------------------------- (PUBLIC COMMENTS ON ITEMS NOT ON AGENDA) RS-1. REALLOCATION OF ABD E REHABILITATION LOAN PROCEEDS (Community Develoment Commission) NOTION: That the Community Development Commission rescind its prior action of November 18, 1991 authorizing $200,000.00 for the rehabilitation of a portion of the Arden-Guthrie area and reallocate said funds to finance code enforcement and blight removal activities in the Arden-Guthrie area. -------------------- -------------------- RS-2. CORTINUED FUNDING OFCITY-)TIDE RELOCATION ASSISTANCE PROGRAM (Community Develoment Commission) MOTION: That the Community Development Commission allocate $25,000 to the City-wide Relocation Assistance Program in Fiscal Year 1991/1992 and $35,000 in Fiscal Year 1992/1993 totaling $60,000 for low to moderate tenants displaced by City code enforcement activities. -------------------- -------------------- KJH:dle:5715R SUPPLEMENTAL COMMISSION AGENDA Regular Meeting - 1 - MEETING DATE: 05/04/1992 CLOSED SESSION RS-3. ADJOURN TO CLOSED SESSION :,,.. MOTION: That the Mayor and Common Council and the Community Development Commission recess to Closed Session for the following: A. to confer with the attorney regarding pending litigation which has been initiated formally to which the Commission is a party pursuant to Government Code Section 54956.9(a), as follows: ; B. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation; C. to confer with the attorney regarding pending litigation pursuant to Government Code section 54956.9(c), so that the Commission may decide whether to initiate litigation; D. to give instruction to the 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: ; E. to consider personnel matters pursuant to Government Code Section 54957. -------------------- --------------- `�- END OF CLOSED SESSION RS-4. ADJODHIR7HNT MOTION: That the Regular Meeting be adjourned to Monday, May 18, 1992, at 11:00 a.m., in the City Hall Council Chambers located at 300 North "D" Street, San Bernardino, California. ------------------- -------------------- EJH:dle:5715R SUPPLEMENTAL COMMISSION AGENDA Regular Meeting — 2 — MEETING DATE: 05/04/1992