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HomeMy WebLinkAbout01-06-1992 Reg Mtg %a- Lit AGENDA REGULAR MEETING MAYOR AND COMMON COUNCIL MONDAY, JANUARY 6 , 1992 - 8:30 A.M. p COUNCIL CHAMBERS CALL TO ORDER O ' 3 C/ 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; 1 1/6/92 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. EOO8652; City of San Bernardino vs . Patrick Media/Gannett Outdoor, et al - Riverside Superior Court Case No. 205749; City of San Bernardino vs. San Bernardino Steel - San Bernardino Superior Court Case No. 261904; 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 1/6/92 Tomas Armendariz , et al vs. James F. Penman, et al - United States District Court Case No. 91-5757 CMS (WRx) ; Meridian Park Investments vs City of San Bernardino et al - United States District Court Case No. 91-3993 JSL (JRx) ; Matthew Hobbs vs. City of San Bernardino, et al - San Bernardino Superior Court - Case No. 250971; City of San Bernardino vs . New Hope Church of Christ - San Bernardino Superior Court Case No. 266723 . END OF CLOSED SESSION 3 1/6/92 RECONVENE MEETING - 9 :30 A.M. ROLL CALL 9 : 3 5 A •- PRESENT: l z y i 3 �o . 7 f �Y /� ABSENT: INVOCATION: .L -"' • �'�'<<�`�-�' -�✓ '�- �PweLC�'�'� 0 PLEDGE: '2 ✓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. Dr. Sherrie Howie - Library Board - Mayor Holcomb. (See Attached) CONSENT CALENDAR NOTION: That the motions indicated by consent calendar items 5 through 20 be adopted except fore /'y , NJ , _, _ and 5. Waive fafther 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. 4 1/6/92 (Consent Calendar continued) 6 . Council Minutes . MOTION: 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: November 4, 1991 (Delivered on 12/23/91) November 7, 1991 Delivered on 12/23/91) 7 . Authorization to proceed - sale of City property located north of Glendenning Way, east of Valencia Avenue. (See Attache4i Ward 7 MOTION• That the Real Property Section be authorized to • proceed with the proposed sale of City property located north of Glendenning Way and do all things necessary and incidental thereto according to established procedures, including the obtaining of a title report and aal of subject property. v_ B . pproval of plans and authorization to advertise for bids- Phase I of improvements of Buckboard Park. (See Attached) Cost to City - $699,000 from Park Construction Fee Fund. ) Ward 5 MOTION: That the plans for Phase I of the improvement of Buckboard Park, in accordance with Plan No. 7662 be approved; and the Di ctor of Public Works/City Engineer be authors // advertise for bids . ?(S 9 . Approval of plans and authorization to advertise for bids- installation of a block wall in Nicholson Park. (See Attached) (Cost to City - $25,800 from Community Development Block Grant) Ward 3 MOTION: That the plans for installation of a block wall in Nicholson Park, in accordance with Plan No. 8639, be approved; and the Director of Public Works/City Engineer be authorized to dvertise for bids . �_ 5 / 1/6/92 (Consent Calendar continued) 10. Approval of plans and authorization to advertise for bids- modification of Nunez pool and bath house to improve accessibility for handicapped and security. (See Attached) (Cost to City - $57,490 from Community Development Block Grant. l1 Ward 1 MOTION:/ That the plans for modification of Nunez pool and bath house, to improve accessibility for the handicapped and security, in accordance with Plan No. 8623, be approved; and the Director of Public Works/City Engineer be aj� horized to advertise for bids. 7/Z 11. Adoption of mitigated negative !declaration and mitigation monitoring reporting program and finding of consistency with circulation element of the General Plan - replacement of Little League Bridge over Cable Creek. (See Attached) Ward 5 U•MOTION That the mitigated negative declaration for Public Works Project No. 91-07, and the mitigation monitoring/reporting program, be adopted. MOTION• That a finding be made that the construction of Public Works Project No. 91-07 is consistent with the circulation element--of�the General Plan. �2. 12 . Receive and file the City of San Bernardino Municipal Water Department ' s Water, Sewer, and Geothermal Utility Audit Reports for fiscal year ending June 30, 1991. (See Attached) (Audit Report is available in the City Clerk's Office)_ l MOTION: That the Mayor and Common Council receive and file the City of San Bernardino Municipal Water Department' s Water, Sewer, and Geothermal Utility Audit Reports for fiscal year ending June 30, 1991. 07/� 13 . Claims d Payroll. (See Attached) OTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated December 16, 1991, from the Director of Finance, be approved. / \ (,( L 6 ( 1/6/92 (Consent Calendar continued) 14 . Personnel Actions. (See Attached) NOTION: That the personnel actions submitted by the Chief Examiner, dated December 19, 1991, in accordance with all administrative regulations of the City of San Bernardino, be approved. RESOLUTIONS NOTION: That the following resolutions be adopted. City Clerk's Office 15 . Resolution of the City of San Bernardino confirming costs of abatements and imposing liens on certain parcels of real property located within the City of San Bernardino for the costs of the abatement of public nuisances. (Building Abatements) (See Attached) Personnel 16 . Resolution of the City of San Bernardino amending Resolution No. 6433 Section Four, adding and deleting various city positions for the purpose o difying prior council actions . /Z) Water Department ( 17 . Resolution of the Mayor and Common Council of the City of San Bernardino, a Municipal Corporation, authorizing the sale, execution and delivery of approximately $41,750,000 principal amount of certificates of participation of the San Bernardino Public Safety Authority and approving certain documents in connection rewith. (See Attached) cA 7 1/6/92 (Consent Calendar continued) ORDINANCES - FINAL READING NOTION: That the following ordinances be adopted. 18 . Ordinance of the City of San Bernardino adding Paragraph C to Subsection 19 .20 .030, Item 18, setting forth special fee areas designated by a resolution of the Mayor and Common Council of the City of San B ardino. (See Attached) 7�L 19 . An ordinance of the City of San Bernardino amending Chapter 5.04 of the San Bernardino Municipal Code relating to Business Registration Certificates. (Cost to City- $4,101.95 from General Fund) (The ordinance is available for review in the City Clerk's Of 20 . Ordinance of the City of San Bernardino amending Sections 19 . 06 .010(2 ) (C) , 19 .060.030(2), 19 .24 . 040, and Tables 06 . 01 and 06 .03 of the San Bernardino Municipal (Development Code) to establish existing single family residential structures as permitted, conforming uses in the Commercial Office (CO- 2) land use districts city wide, and to provide standards by which the structures may be converted to low intensity office uses . (See Attached) END OF CONSENT CALENDAR 8 1/6/92 CONTINUED FROM DECEMBER 2. 1991 21 . Ordinance of the City of San Bernardino amending Chapter 15 . 37 of the San Bernardino Municipal Code; establishing new policies and provisions for review of demolition permit applications for potentially historic buildings and structures and providing for continuation of the Historic Pres tion Task Force. (See Attached) (7J10N-- That the Mayor and Common Council continue this ordinance until February 3, 1992, to enable staff to work with the Economic Development Agency on options for simplifyi g the review process for demolition permit li ations. , Public Works/Enaineerinq 22 . Report of bids - replacement of sewer line in "D" Street from 7th Street to 9th Street. (See Attached) Resolution of the City of San Bernardino awarding a contract to Insituform Southwest for sewer pipeline rehabilitation in "D" Street, from Seventh Street to Ninth Street. (Cost to City - Option No. 1: $105,000 from Sewer Line Construction Fund) Ward 1 MOTION: That the transfer of $27,000 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; and that said resolution be adopted. or MOTION: That the bid for replacement of the sewer line in "D" Street, from Seventh Street to Ninth Street in accordance with Plan No. 8587, be rejected; and that the Director of Public Works/City Engineer be authorized to re-advertise for alternate bids to replace or reline the sewer line. or 2. 9 1/6/92 4 (See next page for additional motions) MOTION: That the bid for replacement of the sewer line in "D" Street, from Seventh Street to Ninth Street in accordance with Plan No. 8587 , be rejected; and that the Director of Public Works/City Engineer be authorized to re-advertise for bids to remove the protruding laterals and materials from laterals . STAFF REPORT 23 . Luncheon Workshop - to discuss Council Ward redistricting-- 12: 00 noon to 1:30 p.m. , MIC Room, Sixth Floor, City Hall. 10 1/6/92 4 RECONVENE MEETING PLANNING MATTERS 2:00 P.M. ROLL CALL PRESENT: ABSENT: TO BE HEARD AT 2:00 P.M. - CONTINUED FROM DECEMBER 2, 1991 24 . ADDeal - Planning Commission denial of Conditional Use Permit No. 91-39 - to construct a billboard on the same site that a billboard was removed to facilitate the construction X2;7 of a retail commercial center. (Backup material was distributed on December 2, 1991, Item No. 36, new staff ,T report attached) Filed by: Gannett Outdoor Advertising Co. , Inc. ;a 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 open the hearing . . . OTION: hat the Mayor and Common Council continue this item until February 3, 1992 . /I 11 1/6/92 CONTINUED FROM DECEMBER 2 . 1991 25 . Appeal: Planning Commission' s denial of Review of Plans No. 89-40 - a request to amend Condition of Approval No. 1 which restricts the sale of alcohol at the retail center, and Conditional Use Permit No. 91-22 to permit the off-site sales of beer and wine in Deli/Market. (Backup material was distributed on December 2, 1991, Item No. 38, new staff report attached) Filed by: Bassam Askar �A 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; that the Mayor and Common Council deny the appeals and deny Review of Plans No. 89-40 (Amendment to Conditions) and Conditional Use Permit No. 91-22 (Supports staff recommendation and Planning Commission' s action) ; or MOTION: That the hearing be closed; and that the Mayor and Common Council approve Review of Plans No. 89-40 (Amendment to Conditions) and Conditional Use Permit No. 91-22 in concept and refer the matter back to staff to develop positive findings of fact. 12 1/6/92 TO BE HEARD AT 2:00 P.M. - CONTINUED FROM JULY 15, 1991 26 . Public hearing - establishing and modifying fees for Planning Division services . (Backup material was distributed on July 15, 1991, Item No. 35, new staff report attached) Mayor to open the hearing . . . MOTION: That the planning fee schedule adopted by Resolution No. 91-148 remain in effect until April of 1992 . 4-1 MOTION: That information on cost of providing planning services and the best method to structure and collect fee be referred to the Legislative Review Committee. 27 . Adjournment. MOTION: That the meeting be adjourned. 13 1/6/92 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. 14 1/6/92 RACHEL KRASNEY CITY CLERK I ND FLOOR. A G E N D A �J MAYOR AND COMMON COUNGn 6 AND THE COMMUNITY DHVBLOPMBNT COMM1'1{$sun '. OF THE CITY OF SAN BEBAA Council Chambers, City Man "January 6, 1992 — 11:00 A.Z.n (Regular Meeting) --- 1 : --------------------------------- CALL TO ORDER: ROLL CALL: - PRESENT: 4 ABSENT: " tr --- (PUBLIC COMMENTS ON ITEMS NOT ON AGENDA) lm- CONSENT t hh y b tY CALENDAR y ' MOTION: That the motions indicated by Consent .Caleadar' L +s;u "1" through "5" be adopted, except for Items numbd� .c 1. -COMMUNITY DSVELOPMENf COMIISSION v, MOTION: That the minutes of the following; meetings of the Development Commission of the City of San Bernard approved as submitted in typewritten form. a) September 16, 1991 _ b) October 18, 1991 s c) October 21, 1991 d) December 16, 1991 ` 4 r r , --------------------------------------- , DE:5557R �glIIBSZ011 REGULAR M6ETIAG 2. REDEVELOPMENT COMMITTEE MINUTES (Community Development Commission) MOTION: That the minutes of the Redevelopment Committee meeting of December 12, 1991 be received and filed as submitted in typewritten form. 3. PERS HEALTH CARE RETIREES (Community Development Commission) MOTION: That the attached report on the PERS Health Care coverage for retirees be received and filed. 4. 201 NORTH "E" STREET BUILDING MODIFICATIONS (Community Development Commission) MOTION: That the Community Development Commission authorize the Executive Director to execute contracts for (i) the installation of modifications to the 201 North "E" Street office building's air conditioning controls and distribution system in an amount not to exceed $66,000; (11) the installation of LPA retrofit equipment to the building's centralized HVAC Chiller system in an amount not to exceed $16,500; and (iii) the modifications to the Big 5 tenant facilities consisting of the installation of the LPA retrofit equipment for the HVAC system and electrical utility meters in an amount not to exceed $12,900. J 5. 'VICTORIA AVENUE DRAINAGE PROJECT I i (Mayor and Common Council) MOTION: ) That the Mayor and Common Council approve the substitution CDBG funds from Highway Safety Lighting projects to finance the installation of curbs, gutters and drainage facilities in the amount of $267,000. ------------------ ----- /--7 --------- ----------------------------------------------------------------------------- DE:5557R COMMISSION MEETING AGENDA REGULAR MEETING - 2 - MEETING DATE: 01/06/1992 .r END OF CONSENT CALENDAR �. d J I wcW 1leusc �J� ;� ( G 6. OPTION HOUSE,, INC ADDITIONAL HOUSING DEVELOPMENT � pyr�c.ryn�- (J n (Mayor and Common Council) NOTION: That the Mayor and Common Council approve a $25,000 loan at X, an interest rate of eight percent (8X) to Option House for --the development of addition ansitional housing. ------ ud----------- 7. LA QUINTA MOTOR INNS. INC. OPEN PUBLIC HEARING. CLOSE PUBLIC HEARING. (Mayor and Common Council) MOTION RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REGARDING THE HOLDING OF A PUBLIC __,_,� HEARING IN CONNECTION WITH THE ISSUANCE OF THE "CITY OF SAN BERNARDINO, CALIFORNIA, INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS, ISSUE OF 1992 (LA QUINTA MOTOR INNS, INC. PROJECT)". — --------- ---------------- (Mayor and Coon Council) C B: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF THE "CITY OF SAN BERNARDINO, CALIFORNIA, INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS, ISSUE OF 1992 (LA QUINTA MOTOR INNS, INC. PROJECT)" AND AUTHORIZING SUCH FURTHER ACTION AS MAY BE NECESSARY TO CONCLUDE THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS. -------------------------------------------------------------------------- DE:5557R COMMISSION MEETING AGENDA REGULAR MEETING - 3 - MEETING DATE: 01/06/1992 S. CIVIC LIGHT OPERA ASSOCIATION DISPOSITION AND DEVELOPMENT AGREEMENT (Community Development Commission) MOTION: That the Community Development Commission review the attached correspondence and documentation and take whatever action deemed appropriate. CLOSED SESSION 9. 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(x), 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 10. ADJOLIRIN�N'P MOTION: That the Regular Meeting be adjourned to Monday, January 20, 1992 11:00 a.m., in the City Hall Council Chambers located at 300 North "D" Street, San Bernardino, California. ------------------ ------------------- ---------------------------------------------------------------------------- DE:5557R COMMISSION MEETING AGENDA REGULAR MEETING - 4 - MEETING DATE: 01/06/1992 RACHEL KRASNEY CITY CLERK w! 2ND FLOOR S U P P L E M E N T A L AGENDA MAYOR AND COMMON COUNCIL AND THE COPE 1MM DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO "January 6, 1991 - 11:00 A.M." (Regular Meeting) CALL TO ORDER: ROLL CALL: PRESENT: ABSENT: --------------------------------------------------------- (PUBLIC COMMENTS ON ITEMS NOT ON AGENDA) RS-1.7PHIOTION: 0 (Community D v iopment Commission) at the Community Development Commission approve the tached Disposition and Development Agreement (DDA) between e Redevelopment Agency of the City of San Bernardino and Main Street Inn, a California Limited Partnership, for the development of a two-hundred, sixty-four (264) room Single Room Occupancy (SRO) project at the Northeast comer of Fifth and "E" Street&. ---- ---------- A REGULAR MEETING COMMISSION SUPPLEMENTAL AGENDA KJH:dle:5562R - 1 - MEETING DATE: 01/06/1992 `v CLOSED SESSION RS-2. NOTION: 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 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-3. ADJOURINM MOTION: That the meeting of the Mayor and Common Council/Community Development Commission be adjourned to Monday, January 20, 1992, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. REGULAR MEETING COMMISSION SUPPLEMENTAL AGENDA EJH:dle:5562R - 2 - MEETING DATE: 01/06/1992