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Home My WebLink About01-07-1991 Reg Mtg Agenda ? AGENDA REGULAR MEETING MAYOR AND COMMON COUNCIL JANUARY 7 , 1991 - 8 :30 A.M. COUNCIL CHAMBERS CALL TO ORDER ROLL CALL PRESENT: ABSENT: 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; 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; 1 1/7/91 RECONVENE MEETING - 9 : 30 A.M. ROLL CALL PRESENT: ABSENT: INVOCATION: PLEDGE: 2 . Announcements by Mayor. 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 . CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 20 be adopted, except for , , , , , and 5 . Waive further reading of resolutions and ordinances . MOTION: That further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. 3 1/7/91 10 . Adoption of negative declaration and finding of consistency with the utilities element of the General Plan- construction of 36-inch storm drain in Mill Street from "E" Street to Warm Creek Flood Control Channel . (See Attached) Wards 1 & 3 MOTION: That the negative declaration for Public Works #1 Project No. 90-29 , construction of a 36-inch storm drain in Mill Street, from "E" Street to Warm Creek Flood Control Channel, be adopted. MOTION: That a finding be made that the construction of a #2 36-inch storm drain in Mill Street, from "E" Street to Warm Creek Flood Control Channel is consistent with the utilities element of the General Plan. 11 . Adoption of negative declaration and finding of consistency with the circulation element of the General Plan - install new trees, automatic irrigation systems, ornamental street lighting and gray cobblestone pavers within the Main Street Project Area between 2nd Street and 6th and "E" Streets to Arrowhead Avenue. (See Attached) Ward 1 MOTION: That the negative declaration for Public Works #1 Project No. 90-28, installation of new trees, automatic irrigation systems, ornamental street lighting and gray cobblestone pavers within the Main Street Project Area, be adopted. MOTION: That a finding be made that the installation of #2 new trees , automatic irrigation systems , ornamental street lighting and gray cobblestone pavers within the Main Street Project Area, is consistent with the circulation element of the General Plan. 12 . Adoption of negative declaration and finding of consistency with the utilities element of the General Plan- installation of storm drain in an existing ditch on the grounds of Pioneer Cemetery, northeast corner of Sierra Way and 7th Street. (See Attached) Ward 1 MOTION: That the negative declaration for Public Works #1 Project No. 90-39, installation of a storm drain in an existing ditch on the grounds of Pioneer Cemetery, located at the northeast corner of Sierra Way and 7th Street, be adopted. (See next page for additional motion) 5 1/7/91 '—A RESOLUTIONS MOTION: That the following resolutions be adopted. Parks , Recreation & Community Services 16 . Resolution of the City of San Bernardino authorizing the execution of Amendment No. 1 to the agreement with Brian Winking and James A. Cramer relating to the operation of a Tennis Pro Shop at Perris Hill Park, to delete Brian Winking as a licensee and to extend the term of the agreement for an additional one year period. (See Attached) Ward 2 Public WorksfEngineering 17 . Resolution of the City of San Bernardino establishing a boundary for a portion of the west side of Waterman Avenue between 3rd Street and 4th Street and dedication of same for street and highway purposes . (See Attached) Ward 1 18 . Resolution of the City of San Bernardino approving the final map for Subdivision Tract No. 14346, located on the west side of Eucalyptus Avenue, approximately 350 feet north of Randall Avenue, and 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 19 . Resolution of the City of San Bernardino authorizing the execution of a second amendment to lease with the United States of America (Army Reserve) pertaining to a modification of the legal description in the lease of City owned property situated at 296 E . Third Street, in the City of San Bernardino. (See Attached) Ward 1 7 1/7/91 a TO BE HEARD AT 10:00 A.M. - CONTINUED FROM DECEMBER 10 1990 22 . Public hearing and resolution ordering Annexation No. 346 for the annexation of the territory generally located north of Pacific Street, east of Sterling Avenue. (LAFCO 2621) (See Attached) Ward 7 Mayor to open the hearing . . . Protests have been received. Resolution of the City of San Bernardino determining that less than twenty-five percent of protests by registered voters and property owners have been filed and ordering Annexation No. 346 (LAFCO 2621) for the territory generally located north of Pacific Street, east of Sterling Avenue and detachment from CSA 38, CSA 38 Zone G, CSA 38 Zone L, CSA 70, CSA 70 Zone A and CSA SL-1 . MOTION: That the public hearing to receive, consider and #1 rule upon written protests in the matter of annexation of the territory generally located north of Pacific Street, east of Sterling Avenue designated LAFCO 2621, be closed. MOTION: Adopt resolution. #2 TO BE HEARD AT 10:00 A.M. 23 . Public hearing - to consider 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. (See Attached) Mayor to open the hearing . . . Resolution of the City of San Bernardino 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 and establishing a trust fund account to be designated the "Sturges Auditorium Replacement Account" , and repealing Resolutions 80-441, 86-316, 86-408, 87-111, 88-307, 88-480 and 89-500, and amending Resolution 83-201 . MOTION: That the hearing be closed; and that said resolution be adopted. t. 9 1/7/91 ORDINANCE MOTION: That the following ordinance be laid over for final adoption. 27 . An Ordinance of the City of San Bernardino adding Chapter 15 . 73 to the San Bernardino Municipal Code relating to certification of journeylevel plumbers . (See Attached) STAFF REPORTS 28 . Luncheon workshop - 12 :00 Noon - Management Information Center (MIC) (A) Discussion regarding City' s participation in County Wide Park and Open Space District. (See Attached) Resolution of the City of San Bernardino authorizing the execution of a memorandum of understanding with the County of San Bernardino relating to the proposed San Bernardino County Park and Open Space District. ( See Attached) MOTION: Adopt resolution. (B) Discussion regarding the comprehensive strategy for use of 20% set aside tied in with SRO. (See Attached) 11 1/7/91 NOW RECONVENE MEETING PLANNING MATTERS 2 : 00 P.M. RECONVENE ROLL CALL PRESENT: ABSENT: CONTINUED FROM DECEMBER 17 1990 31 . Appeal - Planning Commission' s denial - Conditional Use Permit No. 89-41 - a request for approval to construct and operate an outdoor go-cart track. (See Attached) Filed by: Randy Wyatt, Jr. Applicant: Randy Wyatt, Jr. Owner: Randy Wyatt, Sr. Location: Ward 3. Located on 0 . 92 acres at 2066 West Foothill Boulevard. Staff recommendation: Approval with conditions as outlined in the November 7, 1990, Planning Commission staff report and in Exhibit "F" , which includes the insurance requirement as recommended by Risk Management. Commission decision: Denial - based upon the attached findings of fact. (Attachment B) VOTE: Ayes: 5; Nays: 3; Abstain: 0; Absent: 0 . Mayor to open the hearing . . . MOTION: That the hearing be closed; that the appeal be #1 denied; and that Conditional Use Permit No. 89-41 be denied based on the findings of fact contained in Exhibit "B" . (Supports Planning Commission' s 5 to 3 vote for denial. ) or (See next page for alternate motions) 13 1/7/91 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. 15 1/7/91 wr✓ SUPPLEMENTAL AGENDA January 7, 1991 S-1 Resolution of the City of San Bernardino authorizing the execution of an agreement with the County of San Bernardino relating to the development of final construction plans for the improvement of Fortieth Street, from Third Avenue to Acre Lane. (Cost to the City $30,500) (Documentation being prepared) MOTION: Adopt resolution. S-2 Notice of uncontested elections for the positions of City Clerk and City Attorney. (See Attached) MOTION: To appoint City Attorney James Penman and City #1 Clerk Rachel Krasney to four-year terms, respectively, beginning June 3, 1991. or MOTION: Hold the election in both the City Attorney' s and #2 City Clerk' s respective posts . 1 1/7/91