HomeMy WebLinkAbout01-21-1992 Adj Reg Mtg I �V� /L
( AGENDA
ADJOURNED REGULAR MEETING
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
TUESDAY, JANUARY 21, 1992 - 8:30 A.M.
COUNCIL CHAMBERS
CALL TO ORDER '�• a, u '�''� • - ""�''"'"'�
ROLL CALL
PRESENT: !22� /i• B,
ABSENT: 6 �aAA,-,t oC
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 1/21/92
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:
City of San Bernardino vs . San Bernardino Baseball Club.
Inc. - San Bernardino Superior Court Case No. 239193;
Stubblefield Construction Company et al vs . City of San
Bernardino, et al - San Bernardino Superior Court Case No.
242998; San Bernardino Superior Court Case No. 252058;
City of Redlands vs. Inland Valley Development Agency, et al
- San Bernardino Superior Court Case No. 255222;
County vs . City of San Bernardino (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 . Patrick Media/Gannett Outdoor, et
al - Riverside Superior Court Case No. 205749;
City of San Bernardino vs . Liberty Cable T.V. . et al-
United States District Court Case No. 82-6876 WMB;
City of San Bernardino vs County of San Bernardino. et al-
Riverside Superior Court Case No. 207900;
Hesterley vs. City of San Bernardino - San Bernardino
Superior Court Case No. 260468;
2 1/21/92
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.
END OF CLOSED SESSION
d : H -7
g
3 1/21/92
w... RECONVENE MEETING - 9:30 A.M.
ROLL CALL Z 3
PRESENT: 9 : 3 2 9 • "rn . � o-,tip . 5-, 7
ABSENT:
INVOCATION: L� t" ^ �2 a f v T` '/J. In. E .
PLEDGE: OO
�/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. )
/4 . Appointments/Presentations.
Service Pins Award Ceremony.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar
items 5 through 24 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 Developm Commission agendas, be
waived.
3�
4 1/21/92
(Consent Calendar continued)
6 . Coun inutes.
�ON- 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:
October 21, 1991 (Delivered on 1/6/92)
November 18, 1991 (Delivered on 1/7/92)
December 2, 199 elivered on 1/14/92)
3�/
7 . Set public hearing - March 2, 1992 at 10:00 a.m. - Source
Reduction and Recycling Plan and Household Hazardous Waste
M e t Element. (See Attached)
MOTION: That the second State required public hearing
relative to the Source Reduction and Recycling
Plan and Household Hazardous Waste Management
Element be set for Marc , 1992, at 10:00 a.m.
8 . Authorize establishment of a Quality Improvement Plan in
conjunction with St. Bernardine Medical Center to facilitate
the delivery of paramedic services . (See Attached)
MOTION: hat the City Attorney be directed to prepare the
appropriate documentation to establish a formal
relationship with St. Bernardine Medical Center
for the purpose of facilitating the delivery of
paramedic services by establishing a Quality
Improvement Plan and the position of Medical
Director as required by the provisions of Title
22, of the Californ' of Records .
9 . Approval of $950 for the acquisition of a television/VCR for
Lytle Creek Community Center. (See Attached) (Cost to City
$950 from Third Ward Park Extension Funds. ) Ward 3
MOTION: That $950 from Third Ward Park Extension Funds for
the acquisition of a television/VCR for Lytle
Creek Community Cent approved.
5 1/21/92
(Consent Calendar continued)
10. Approval of transfer of funds, plans and authorization to
advertise for bids - construction of a concrete block
soundwall, Route 30/330 at Buckeye Street. (See Attached)
(Cost to City - $66,000 from 1/2 cents Sales Tax Local Funds
and transfer of funds. ) Ward 4
OTION• That the transfer of $3,000, fpom Account No.
#1 129-309-57837, "Widen Tippecanoe Avenue (east
side) , from I-10 to Hardt Street, " to Account No.
129-309-57769, "Soundwall, Route 30/330 at Buckeye
Street, " be approved.
MOTION: That the plans for construction of a concrete
12 block soundwall, along Route 30/330 at Buckeye
Street, in accordance with Plan No. 8645, be
approved; and the Director of Public Works/City
Engineer be authorize advertise for bids.
3b
11. Approval of plan and authorization to advertise for bids-
renovation of Delmann Heights Community Center swimming
pool. (See Attached) (Cost to City - $48,000 from
Community Development Block Grant. ) Ward 6
MOTION: That the plans for renovation of the Delmann
Heights Community Center swimming pool, in
accordance with Plan No. 8630, be approved; and
the Director of Public Works/City Engineer be
authorized to advertise bids .
12 . Request for waiver of requirement to connect to sewer system
- construction of single family house at Meyers Road
westerly of Little League Drive - James & Ida Johnson. (See
Attach. ) Ward 5
ION: That Sewer Waiver Request No. 91-02, for
A. construction of one single family house on an
existing parcel located at 3923 Meyers Road,
westerly of Little League Drive (APN 348-111-45) ,
requesting a waiver of requirement to connect to
the sewer system, be a d.
6 1/21/92
d (Consent Calendar continued)
13 . Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization
to issue warrants as listed on the memorandum
dated January 2, 1992, from the Director of
Finance, be approve
3 /j
CONTINUED FROM DECEMBER 16, 1992
14. Personnel Actions . (See Attached)
MOTION: That the personnel actions submitted by the Chief
I� Examiner, dated January 8, 1992, in accordance
}� with all administrative regulations of the City of
S --Bernardino, be approved. / �
P 7/5 _ D ^a ^ ; �� � �J
15. Joint wers Financing Authority Regular Meeting.
MOTION: That the regular meeting of the Joint Powers
` Financing Authorit be adjourned to February 17,
1992. 7
3 �
RESOLUTIONS
MOTION: That the following resolutions be adopted.
Administration
16. Resolution of the City of San Bernardino approving the
updated Trip Reduction Plan as required by the South Coast
Air Quality Management District, by the Mayor of the City of
San Bernardino on behalf of said City. (See Attached)
3 /
7 1/21/92
(Consent Calendar continued)
Attorney
17 . Resolution of the City of San Bernardino adopting a policy
on drug testing of applicants for employment. (See Attached)
Mayor
18. Resolution of the City of San Bernardino authorizing the
ecution of an agreement with Sinfonia Mexicana Committee
of Southern California for the promotion of arts and
4 � culture. (See Attached) Cost to City - $10,000 from
i{ General Fund. )
Resolution of the City of San Bernardino authorizing the
xecution of an agreement with the Inland Empire Symphony
Association of Southern California for the promotion of arts
and culture. (See Attached) (Cost City - $80,000 from
General Fund. )
W)
0. Resolution of the City of San Bernardino authorizing the
execution of an agreement with Inland Empire Opera Alliance
of Southern California for the promotion of arts and
culture. (See Attached) at to City - $10,000 from
IIto General Fund. ) /
21. Resolution of the City of San Bernardino authorizing the
) execution of an agreement with the San Bernardino Valley
r III/ Community Concert Association of Southern California for the
�p 4 promotion of arts and culture. (See Attached) (Cost to City
- $20,000 from General Fund.
8 1/21/92
(Consent Calendar continued)
Public Services
22 . 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 abate (See Attached) (Weed
Abatement)
Public Works/Engineering
023. Resolution of the City of San Bernardino amending
Resolution No. 8234 entitled, in part, "A resolution .
establishing parking time limitations upon certain
designated streets, alleys, or portions thereof, and other
City property . ; " and authorizing the removal of the
two-hour parking limitation on the off-street parking lot
located on the southeast corner of "E" Street and Court
° Street, excepting the westernmost rows (20 spaces) , and the
three easternmost rows (77 spaces) . (See Attached) (Cost
to City - $200 from Bu ng Maintenance Fund. ) Ward 1
H/(o
24.' esolution of the City of San Bernardino authorizing the
execution of an agreement with Jaykim Engineers, Inc .
1
� relating to the provision of professional engineering design
- 3 services for improvement of Tippecanoe Avenue (east side) ,
from Laurelwood Road to Hardt Street. (See Attached) (Cost
f'1"„(,Pl,py1 to City - $31,518 from 1 nts Sales Tax - Local Funds. )
/ Ward 1
END OF CONSENT CALENDAR
d.,
9 1/21/92
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.
25 . Public hearing - Resolution imposing liens on property
located within the City for uncollected business license
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. 575
N. Chestnut, 1043 W. 24th St. , 2603 Cedar Ave. , 1163 Spruce,
Q6 -W i°" St. , �, 2679 Genevieve, 239 E. 11th
�G(N St. , 801 S. "J" St. , 2423 Harrison, 1039 Main St. , 3185 N.
L "D" St. , 1487 and 1487 1/2 Belle, 6015 N. Gregory, 5975 N.
J�{y� 51 Gregory, 6077 N. Walnut, 2823 W. Stephine, 5935 N. Walnut
/ Ave. , 1525 Flores, 1515 Flores, 1253-57 N. "D" St. , 1493-97
n .�4iV N. Belle and 164 W. Olive St.
Mayor to open the hearing . . .
MOTION: That the hearing be closed and said resolution be
adopted.. e
RESOLUTIONS
NOTION: That the following resolutions be adopted.
IVDA
26 . Resolution of the Mayor and Common Council of the City of
San Bernardino approving a certain Amendment No. 1 to
amended Joint Exercise of Powers Agreement creating the
Inland Valley Development Authority and rescinding its
Resolution No. 91-504 and certain prior actions taken in
connection therewith. (See Attached)
10 1/21/92
Charter Amendments
27 . Resolution of the City of San Bernardino submitting to the
electors proposed Charter amendments relating to the powers
and duties of the Mayor and Council and requesting that such
Special Municipal Election be consolidated with the primary
election conducted by the County of San Bernardino. (See
Attached)
28. Resolution of the City of San Bernardino proposing an
amendment to the Charter of said City relating to the power
of the Common Council to dismiss or suspend City employees,
to give the Mayor and Council certain appointive powers, and
authorizing the Mayor and Council to establish the office of
the City Administrator. (See Attached)
s.
29 . Resolution of the City of San Bernardino proposing an
amendment to the Charter of said City giving the Common
Council the authority to override an executive order of the
Mayor by 2/3 vote. (See Attached)
30. Resolution of the City of San Bernardino proposing an
amendment to the Charter of said City providing that the
Common Council shall select the chair who shall preside at
all meetings of the Council. (See Attached)
a.
11 1/21/92
- 31. Resolution of the City of San Bernardino proposing an
amendment of the Charter of said City changing the term of
office of the Mayor from four years to two years . (See
Attached)
32 . Resolution of the City of San Bernardino proposing an
amendment of the Charter of said City setting the salary of
the Mayor at 608 of that for a Municipal Court Judge. (See
Attached)
33 . Resolution of the City of San Bernardino proposing an
amendment of the Charter of said City transferring certain
powers presently exercised by the Mayor and Council jointly
to the Mayor alone. (See Attached)
u
34 . Resolution of the City of San Bernardino proposing an
amendment of the Charter of said City changing the dates of
the City Primary and General Elections and the dates on
which City officers assume office. (See Attached)
ORDINANCE - FIRST READING
35. An ordinance of the City of San Bernardino repealing
Subsection 8.90.050 .B.2 of the San Bernardino Municipal Code
relating to allowed rental rate increases upon the sale of
mobile mes in mobile home parks . (See Attached)
MOTION: That said ordinance be laid over for final
adoption.
12 1/21/92
STAFF REPORTS
CONTINUED FROM DECEMBER 16, 1991
36 . Appeal of Board of Building Commissioners ' findings to
require owner to correct health and safety violations and
rehabilitate structures located at 1246 West Rialto Avenue
to 1988 Uniform Housing Code - Edward Duke. (Backup
material was originally distributed on October 7, 1991,
Item No. 3 ) Ward 3
Oral Report - To be presented by the Director of Planning
and Building Services . /9/-;S
37 . Request for waiver of fees and co-sponsorship of Black
History Parade and use of City forces for the conduct of the
Bla tory Parade on February 1, 1992 . (See Attached)
MOTION That the Black History Parade scheduled for
February 1, 1992, be co-sponsored by the City as a
promotional event and that Police overtime costs,
Public Services street sweeping costs, Park,
Recreation, & Community Services labor/equipment
costs and Traffic Engineering barricade placement
and manpower costs in the amount of $14,917 .31,
be waived.
//lo Z�- k-n��
38. Luncheon workshop - discuss function of sales tax within the
City - 12 noon to 1:30 p.m. - MIC Room.
13 1/21/92
RECONVENE MEETING
PLANNING MATTERS
2:00 P.M.
ROLL CALL
PRESENT: z . '�� S 7
ABSENT:
svAh � Z 0Z-,h 'fin
CONTINUED FROM JANUARY 6. 1992
39 . ADDeal - Review of Plans No. 89-40 - (Amendment to
Conditions) and Appeal of Conditional Use Permit No. 91-22-
delicatessen/market with off-site sale of beer and wine.
(Backup material was distributed on January 6, 1992, Item
No. 25; new staff report attached)
Filed by: Bassam Askar
Owner: Linkletter-Perris
Location; Ward 3. Southeast corner of Mill Street and
Pepper Avenue. (505 S. Pepper Avenue, Unit "A" )
Staff recommendation: Deny the appeal and deny the
amendment to conditions to Review of Plans No. 89-40, and
deny Conditional Use Permit No. 91-22.
Planning Commission recommendation: Deny appeal. VOTE:
Ayes: 6; Nays: 0; Absent: 2 .
Mayor to open the hearing . . .
MOTION: That the hearing be closed and that the Mayor and
Council uphold the appeal and approve Review of
�p 4O Plans No. 89-40 (Amendment to Conditions) and
Conditional Use Permit No. 91-22 subject to the
attached findings of fact (Exhibit A) , conditions
of approval (Exhibit B) , and standard requirements
(Exhibit C) .
14 1/21/92
CONTINUED FROM DECEMBER 16, 1991
40. A ea - 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 December
16, 1991, Item No. 28; new staff report attached)
Appellant/Owner: Kenzie L. Wooten
AAvplicant: Value Homes
Location: Ward 6. Property is a rectangularly-shaped
parcel of land consisting of approximately . 151 acres having
a frontage of about 50 feet on the south side of Baseline
Street and being located about 300 feet east of the
centerline of Mt. Vernon Avenue and further described as
being located at 1255 W. Baseline Street.
Staff recommendation: Deny the appeal and deny Conditional
Use Permit No. 91-28 and Variance No. 91-08 based on the
findings of fact contained in Exhibit "D" .
Planning Commission recommendation: Denied both the
conditional use permit and variance based on the findings of
fact. VOTE: Ayes: 4 Nays : 3 Absent: 2
Mayor to open the hearing . . .
MOTION: That the hearing be closed and staff recommends
#1 that the distance standards for convenience stores
not be amended and that the variance section not
be amended to include reductions to the distance
requirements for convenience stores; and
MOTION: That the hearing be closed and staff recommends
#2 that the Mayor and Common Council deny the appeal
and deny Conditional Use Permit No. 91-28 and
Variance No. 91-08 based on the findings of fact
contained in the staff report to the Planning
oAf4 Commission dated November 6 , 1991.
AA
15 1/21/92
CONTINUED FROM DECEMBER 2. 1991
41. Appeal - Planning Commission' s denial of Variance No. 91-16
relative to signage for large centers - Gatlin-Doerken
/ Development Corporation. (Backup material was distributed
A� on December 2, 1991, Item No. 37; new staff report attached)
p #J'�� Filed by: Sierra Engineering
�(Y Owner: William and Benita Buster
Vol 6�3'I
Location: Ward 4. North side of Highland Avenue at the
,u 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.
Ma open the hearing . . .
MOTION: That the Mayor and Common Council continue the
hearing to April 6, 1992, to enable Planning staff
to explore options for a Development Code
amendment relative to signage for large centers,
including regional malls .
0
42 . Appeal - Planning Commission' s denial of Variance No. 91-06,
requesting approval of a variance from Development Code
Section 19 .22 . 15OC( ld) to construct a 65-foot tall pole sign
with 85 square feet of sign area per face - C. James Fabian.
(See Attached)
Applicant: Midwest Motel Supply, Inc.
Owner: C. James Fabian, dba, Oak Creek Inns
BL 10
{� I(U I (Continued on next page)
g� 16 1/21/92
Location: WARD 1. Property is a rectangularly-shaped
parcel of land consisting of about 0.78 acres located at the
southeast corner of 6th Street and "H" Street having a
frontage of about 300 feet on the south side of 6th Street
and a frontage of 130 feet on the east side of "H" Street,
be located at 777 W. 6th Street.
Staff Recommendation: Deny the appeal and deny Variance No.
91-06, based on the findings of fact contained in Exhibit
D..
Planning Commission recommendation: Denied both based on
the findings of fact on Attachment B. VOTE: Ayes: 6;
Nays: 0; Absent: 3 .
Mayor to open the hearing . . .
NOTION: That the hearing be closed and that the Mayor and
#1 Common Council deny the appeal of Variance No. 91-
06 based on the findings of fact contained in
Exhibit "D" .
or
NOTION: That the hearing be closed and that the Mayor and
#2 Common Council approve Variance No. 91-06 in
concept and refer the matter back to staff to
develop positive findings of fact,
��, -�-�•, .fie �->,t�rte. � �r..�..�c-c�.�e,�.
43. Initiation of General Plan amendment - site located on the
north side of 6th Street approximately 203.75 feet west of
the centerline of Mt. Vernon Avenue. (See Attached) (Cost
to $25 from General Fund. ) Ward 6
NOTION: That the Mayor and Common Council direct the
Planning Division to initiate a General Plan
amendment to consider a RS, Residential Suburban
designation for the subject site located on the
north side of 6th Street and west of Mt. Vernon
Avenue and the alle .
3 L_7
17 1/21/92
44 . Proposed General Plan amendment for the south side of Roca
Street between Sterling Avenue and McKinley Street, north of
the alley. (See Attached) (Cost to City - $25 from
und. ) Ward 7
NOTION: That the Mayor and Common Council direct Planning
staff to initiate a General Plan amendment to
consider a multiple family designation for the
area on the south side of Roca Street between
Sterling Avenue and the southern extension of
McKinley Street, north of the alley.
3�7
END OF P G MATTERS
45 . Adjournment.
MOTION: That the meeting be adjourned.
at.
18 1/21/92
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.
19 1/21/92
SUPPLEMENTAL AGENDA
JANUARY 21, 1992
CONTINUED FROM JANUARY 6. 1992
S-1 Proposed lease of 81 parking spaces in District Parking Lot
No. 1 by Kaufman-Wald Investment Company. ward 1
(Backup material was distributed on January 6, 1992, Item
No. S-8) _ 1� � _ J
S-2 Request for closed session.
NOTION: That the Mayor and Common Council recess to
closed session to confer with the attorney
regarding pending litigation which has been
initiated formally to which the City is a party
pursuant to Government Code Section 54956.9(a) as
follows:
City of San Bernardino vs . Dominguez - United
States Bankruptcy Court - LA 88-01375-WL.
1 1/21/92