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HomeMy WebLinkAbout01-26-1998 Jt. Reg Mtg Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, JANUARY 26, 1998 - 8:00 A.M. COUNCIL CHAMBERS The City of San Bernardino recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Director of Facilities Management(384-5244) two working days prior to the meeting for any requests for reasonable accommodation, to include interpreters. CALL TO ORDER: PRESENT: ABSENT: CLOSED SESSION 1 . Pursuant to Government Code Sections : MOTION: That the Mayor and Common Council and the Community Development Commission recess to closed session for the following: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956 . 9 (a) : Munoz vs . City of San Bernardino - San Bernardino Superior Court Case No. SCV 28203 ; PCL Civil Constructors, Inc . vs . Santa Ana Watershed Project Authority, et al . - Orange County Superior Court Case No. 783895; Tommy R. Walker vs . City of San Bernardino - Worker' s Compensation Appeals Board Case No. SBR 0195662 , SBR 025560 . B . Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) of Government Code Section 54956 . 9 . (Item Continued On Next Page) 1 1/26/1998 1 . Continued. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956 . 9 . D. Conference with legal counsel - personnel matter - pursuant to Government Code Section 54957 . E. Conference with labor negotiator pursuant to Government Code Section 54957 . 6 : Agency Negotiator: Barbara Pachon, Director of Finance Employee Organization: San Bernardino Public Employees' Association (SPEA) , General Unit END OF CLOSED SESSION 2 1/26/1998 RECONVENE MEETING - 9 : 00 A.M. PRESENT: ABSENT: INVOCATION: PLEDGE : 2 . Appointments : 3 . Presentations : Service Pin Awards Ceremony 4 . Announcements by Mayor and Common Council . S . PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission on a matter not on the agenda. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public . (Usually any items heard under this heading are referred to staff for further study, research, completion and/or future Council/Commission action. ) CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 6 through 18 be adopted, except for , and 6 . Waive full reading of resolutions and ordinances . MOTION: That full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council, be waived. 3 1/26/1998 7 . Claims and Payroll . (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated January 20, 1998, from the Director of Finance be approved. 8 . Personnel Actions . (See Attached) MOTION: That the personnel actions as submitted by the Chief Examiner dated January 16 , 1998 , in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. City Attorney' s Office 9 . An ordinance of the City of San Bernardino adding Sections 15 . 16 . 065 and 15 . 16 . 066 to the San Bernardino Municipal Code and amending Section 15 . 16 . 075 of the San Bernardino Municipal Code relating to the hearing procedure and the appeal of violations of the Uniform Fire Code and summary abatements and hearings pertaining thereto, and expenses of abatements . FINAL READING (Backup material was distributed on December 15, 1997, Item No. S2 . ) MOTION: That said ordinance be adopted. Parks, Recreation & Community Services 10 . Resolution of the City of San Bernardino amending Resolution 97-293 , establishing a Heart Smart Grant with California Healthy Cities Project . (See Attached) (No Cost to the City. ) MOTION: That said resolution be adopted. Planning & Building Services 11 . An ordinance of the City of San Bernardino amending Chapter 19 . 22 of the San Bernardino Municipal Code (Development Code) regarding institutional sign standards . FINAL READING (Backup material was distributed on January 12, 1998, Item No. 28 . ) Ward 6 & Citywide MOTION: That said ordinance be adopted. 4 1/26/1998 Public Services 12 . Resolution of the Mayor and Common Council of the City of San Bernardino awarding a purchase order to Crest Chevrolet for furnishing and delivery of fourteen (14) 1998 Chevrolet Cavalier sedans to be utilized by various departments of the City of San Bernardino in accordance with Bid Specification F- 98-18 . (See Attached) (Cost to the City -- $177, 813 . 90 from the Motor Pool Fund. ) MOTION: That said resolution be adopted. 13 . Resolution of the Mayor and Common Council of the City of San Bernardino awarding a purchase order to Fairview Ford for furnishing and delivery of five (5) Ford Crown Victoria "patrol special" four-door sedans to be utilized by the Police Department in accordance with Bid Specification F-98-18 . (See Attached) (Cost to the City -- $110,438 .36 from General Fund. ) MOTION: That said resolution be adopted. 14 . Resolution of the Mayor and Common Council of the City of San Bernardino awarding a purchase order to Robert H. Loud Ford for furnishing and delivery of two (2) 1998 Ford Windstar mini-vans to be utilized by the City Clerk and Police Department of the City of San Bernardino in accordance with Bid Specification F-98-18 . (See Attached) (Cost to the City -- $36, 850 .50 from the Motor Pool Fund. ) MOTION: That said resolution be adopted. 15 . Resolution of the Mayor and Common Council of the City of San Bernardino awarding an increase to the annual purchase order to California Turf and Colton Truck for parts and supplies to be utilized by the Public Services Department Fleet Division. (See Attached) (Cost to the City -- $74, 000 from the Motor Pool Fund. ) MOTION: That said resolution be adopted. 5 1/26/1998 Public Works/EngineerincT 16 . Resolution of the City of San Bernardino approving the final map for Subdivision Tract No. 14706, located on the southeast side of Inland Center Drive and southwesterly of the terminus of Valley View and Scenic Drives, 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 MOTION: That said resolution be adopted. 17 . Resolution of the City of San Bernardino approving the final map for Subdivision Tract No. 14885, located on the north side of Belmont Avenue approximately 660 feet east of Chestnut 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 5 MOTION: That said resolution be adopted. 18 . Authorize rejection of bids relative to landscape maintenance in the Elm and Coulston area (Assessment District No. 1023) . (See Attached) Ward 3 MOTION: That all bids relative to the maintenance of landscaping for Assessment District No. 1023 in the Elm and Coulston area be rejected. END OF CONSENT CALENDAR PUBLIC HEARINGS Public hearings scheduled for a certain time will not be heard prior to the time scheduled; however, they may be heard at any time thereafter and/or continued to a subsequent meeting. City Clerk' s Office TO BE HEARD AT 10 : 00 A.M. 19 . Public hearing -- resolution imposing liens on certain parcels of real property 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 . (Item Continued On Next Page) 6 1/26/1998 19 . Continued. Mayor to open the hearing . . . MOTION: That the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. Code Compliance TO BE HEAD AT 10 :00 A.M. 20 . Appeal Hearing - Board of Building Commissioners' Order No . 4516 relative to property located at 1999 N. "E" Street - Naail N. Anwya. (See Attached) Ward 2 Mayor to open the hearing . . . MOTION: That the Mayor and Common Council deny the appeal and uphold the order of the Board of Building Commissioners, as described in Order Number 4516, dated November 18, 1997 . END OF PUBLIC HEARINGS STAFF REPORTS City Attorney' s Office 21 . An ordinance of the City of San Bernardino amending Section 5 . 76 . 070 (B) of the San Bernardino Municipal Code relating to an appeal to the Mayor and Common Council from a decision of the Bureau of Franchises . FIRST READING (Ordinance not available at time of printing. ) MOTION: That said ordinance be laid over for final adoption. Personnel 22 . Approve establishment of Administrative Analyst I position in the Fire Department . (See Attached) NOTE: Item was reviewed by the Personnel Committee on January 20, 1998, with Committee Chair Eddie Negrete and Councilwoman Arias in attendance . MOTION #1 : That the position of Administrative Analyst I, Range 4350 , $2 , 543 -$3 , 092/month, be established; and (Item Continued On Next Page) 7 1/26/1998 22 . Continued. MOTION #2 : That the position of Disaster Preparedness Representative, Range 1296 , $1, 943 - $2 , 362/month, be deleted; and MOTION #3 : That the position of Administrative Analyst be retitled as Administrative Analyst II at the current salary range, Range 4380 , $2 , 954- $3 , 591/month; and MOTION #4 : That the Personnel Department be directed to update Resolution 97-244 and amend Resolution 6413 , Section 14 , to reflect this particular action. END OF STAFF REPORTS PLANNING MATTERS TO BE HEARD AT 11:00 A.M. CONTINUED FROM DECEMBER 1, 1997 23 . Public hearing - An ordinance adding Section 15 . 28 . 190 of Title 15 of the San Bernardino Municipal Code relating to placards used to denote conditions relating to continued occupancy of buildings after a disaster. (See Attached) (Backup material was distributed on December 1, 1997, Item 27 . ) An ordinance of the City of San Bernardino adding Section 15 . 28 . 190 of Title 15 of the San Bernardino Municipal Code relating to placards used to denote conditions relating to continued occupancy of buildings after a disaster. FIRST READING Mayor to open the hearing . . . MOTION: That the public hearing be closed; and that said ordinance be laid over for final adoption. TO BE HEARD AT 11: 00 A.M. 24 . Resolution of the City of San Bernardino authorizing the Mayor to execute the memorandum of understanding between the City of San Bernardino, the County of San Bernardino, other area cities, and federal and state agencies regarding the development and implementation of a Habitat Conservation Plan. (See Attached) Citywide MOTION: That said resolution be adopted. 8 1/26/1998 TO BE HEARD AT 11:00 A.M. 25 . Public Hearing - General Plan Amendment No. 97-06, Conditional Use Permit No. 97-19 and Variance No. 97-15 - a proposal to change the land use designation of two parcels of land from CCS-1, Central City South, to CG-1, Commercial General, to accommodate a new drive-thru lane for an existing fast-food restaurant with a reduced drive-thru setback from the curb face of the street from 25 to 16 feet and a reduced front yard landscape setback from 10 to 7 feet along the drive-thru only on the property located at 480 South "E" Street . (See Attached) Ward 3 Resolution of the City of San Bernardino adopting General Plan Amendment No. 97-06 to the General Plan of the City of San Bernardino. Owner & Applicant : LeBaron Investments 2020 E. Orangethorpe Avenue Fullerton, CA 92831 Toomey & Associates 34590 County Line Road #5 Yucaipa, CA 92399 Request/Location: The applicant is requesting to change the General Plan land use designation of two parcels from CCS-1, Central City South, to CG-1, Commercial General, for property located at 480 South "E" Street, to accommodate a new drive- thru lane for an existing fast-food restaurant (Alberto' s) . Two additional parcels located on the immediate corner of "E" and Mill Streets and adjacent to the subject site have been included in the general plan amendment and are addressed as 494 South "E" Street and 540 W. Mill Street . Mayor to open the hearing . . . MOTION: That the hearing be closed; that said resolution be adopted; and that Conditional Use Permit No. 97-19 and Variance No. 97-15 be approved based on the findings of fact and subject to the conditions of approval and standard requirements . TO BE HEARD AT 3 :00 P.M. 26 . Public Hearing - Appeal of Planning Commission' s denial of Conditional Use Permit No. 97-09 relative to a proposed 24, 000 square foot building located at the northwest corner of 16th Street and Medical Center Drive, in the CO-1, Commercial Office, general plan land use designation - Brian Caster. Ward 6 (Item Continued On Next Page) 9 1/26/1998 26 ., Owner/Applicant : Brian Caster Caster Group L. P. 4607 Mission Gorge Place San Diego, CA 92120 Request/Location: The applicant is requesting that the Mayor and Common Council uphold the appeal of the Planning Commission' s denial of Conditional Use Permit No. 97-09 . Said project is a proposal to construct a one-story, 24 , 000 square foot administrative office building for the County of San Bernardino Behavioral Health Department that will be used as follows : about 80 percent of the building will be used for department administration and administration of the Westside Children and Adult Treatment Services (CATS) and the Offices of Alcohol and Drug Programs (OADP) ; and 10 percent for the Westside CATS individual and group counseling and adult-day programs . Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Mayor and Common Council uphold the appeal and approve Conditional Use Permit No. 97-09, based on the findings of fact and subject to the conditions of approval and standard requirements . END OF PLANNING MATTERS 10 1/26/1998 `wry MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING COMMUNITY DEVELOPMENT COMMISSION MATTERS MONDAY, JANUARY 26, 1998 - 2:00 P.M. PRESENT: ABSENT: NOTICE: At this time, the Mayor and Common Council, acting as the Community Development Commission, will take action on items on the Economic Development Agency (CDC) agenda. 27 . Adjournment . MOTION: That the meeting be adjourned. NOTE : The next regular meeting is scheduled to be held at 8 : 00 a.m. , Monday, February 2, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 11 1/26/1998 NOTICE: Any member of the public may address this meeting of the Mayor and Common Council/Community Development Commission 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/Community Development Commission concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and Common Council/Community Development Commission, may address the body at the beginning of the meeting, during the period reserved for public comments, said total period for public comments shall not exceed forty-five (45) minutes, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public . The Mayor and Common Council/Community Development Commission may refer any item 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/Community Development Commission. However, no other action shall be taken nor discussion held by the Mayor and Common Council/Community Development Commission 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 . Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. 12 1/26/1998 1 SUPPLEMENTAL AGENDA MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION CITY OF SAN BERNARDINO JANUARY 26, 1998 S1 . Determination of public convenience or necessity for Type 40 liquor license for the National Orange Show, 689 S . "E" Street . (See Attached) MOTION: That the Mayor and Common Council determine that the public convenience or necessity is served and direct Planning and Building Services to send a letter to the Department of Alcoholic Beverage Control for a Type 40 liquor license for the National Orange Show, 689 S . "E" Street . 1 1/26/1998 n +. Y AFFIDAVIT OF POSTING & MEETING CANCELLATION NOTICE STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF SAN BERNARDINO ) I, Rachel G. Clark, being duly sworn, depose and say: That I am the duly chosen and qualified Secretary of the Mayor and Common Council and the Community Development Commission of the City of San Bernardino. The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino scheduled for Tuesday, January 20, 1998, at 8 : 00 a.m. , in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, has been canceled. At 8 : 00 a.m. on Tuesday, January 20, 1998, Rachel G. Clark, City Clerk, posted a copy of the Notice of Meeting Cancellation conspicuously on or near the door of the place where the joint regular meeting was to be held. The next meeting will be held at 8 : 00 a.m. , Monday, January 26, 1998 , in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. By S�izanna Cordova Deputy City Clerk MEETING DATE : 01/26/1998