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HomeMy WebLinkAbout06-01-1992 Reg Mtg u U L AGENDA REGULAR MEETING MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MONDAY, JUNE 1, 1992 - 8:30 A.M. COUNCIL CHAMBERS n CALL TO ORDER ROLL CALL PRESENT: r ABSENT: �, �' -7 KS: �/4. ''n. Ca�.�Uu�.rl+.c', y VP rl:2 5'4 'rn i.u.,.a.riv aAl-1 C) 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 6/1/92 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; County vs . City of San Bernardino (RDA) - San Bernardino Superior Court Case No. 258241; Saab vs. City of San Bernardino - Fourth District Court of Appeals Case No. EOO8652; 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) ; City of San Bernardino vs . Skadron - San Bernardino Superior Court Case No. 266719; Walker, Brenda vs. City of San Bernardino, et al - United States District Court Case No. 91-5239 MRP (Jrx) ; Berrera vs . City of San Bernardino - San Bernardino Municipal Court Case No. 117037; County/ICEMA vs. City of San Bernardino - San Bernardino Superior Court Case No. 268390. END OF CLOSED SESSION 2 6/1/92 � RECONVENE MEETING — 9 :30 A.M. ROLL CALL a� n" •-rn . `��- ry""��'" �• PRESENT: ar— �. �, 3, ` , S, c,, 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. ) ✓4 . Appointments/Presentations . CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 32 be adopted except for and � 9 `3 U 5 . Waive further reading of resolutions and ordinances . MOTION: That further reading of all resolutions and ordinances on the regular, supplemental and 3/3 Community Development Commission agendas, be waived. 6. Council Minutes . MOTION: That the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in 3 S typewritten form: March 2, 1992 (Delivered on 5/27/92) 3 6/1/92 (Consent Calendar continued) 7 . Set impasse hearing - June 15, 1992 - 10:00 a.m. - Mid- Management Negotiations . (See Attached) MOTION: That an impasse hearing on the contract with Middle-Management Employees be scheduled at 10:00 3 a.m. on June 15, 1992 . .. � Authorize acceptance of payment of insurance premium in lieu �/ of rental fees - FDR Bowl and Perris Hill picnic area- Junior University. (See Attached) MOTION• That the acceptance of payment of insurance premium by Junior University in lieu of rental fee /7 for FDR Bowl and Perris Hill Picnic area, be authorized. 9 . Adoption of negative declaration & finding of consistency with the Parks and Recreation element of the General Plan- construction of Buckboard Park, Phase I, located on the southeasterly side of Kendall Drive and southeasterly side of Pine Avenue. (See Attached) Ward 5 (See Companion Item No. 23 on Council agenda) MOTION: That the negative declaration for Public Works Project No. 92-01, construction of Buckboard Park, Phase I, located on the southerly side of Kendall 3/S Drive southeasterly of Pine Avenue, be adopted. and MOTION: That a finding be made that the construction of 2 Buckboard Park, Phase I, is consistent with the OParks and Recreation element of the General Plan. 3 5 4 6/1/92 (Consent Calendar continued) 10 . onfirm roadway system contained in draft Congestion Management Plan, plus four additional street segments listed on the CMP Roadway 5558/System Response Sheet and authorize return of completed questionnaire to SANBAG. (See Attached) NOTION: That the Roadway System included in the November 14, 1991, Draft Congestion Management Program (CMP) , plus the four additional street segments listed on the CMP Roadway System Response Sheet; dated April 7, 1992, be confirmed; and that authorization be granted to return the completed questionnaires to SANBAG. 11. Approve Change Order No. Seven - authorizing contractor to widen the northeast corner of Fifth Street and Waterman Avenue, providing a turning lane for northbound traffic- contract increase of $18,288.82; from $1, 162,531.97 to $1, 180,820.79 - E.L. Yeager Construction. (See Attached) (Cost to City - $18,288.82 from Federal-Aid Urban Funds. ) Ward 1 OTION: That Change Order No. Seven to the contract with E . L . Yeager Construction for pavement rehabilitation of Waterman Avenue, from Mill to 3/� Fifth Streets, in accordance with Plan No. 8038, be approved; to authorize the contractor to widen the northeast corner of Fifth Street and Waterman Avenue, providing a turning lane for northbound traffic, at an increase in the contract price of $18,288. 82; from $1, 162,531.97 to $1, 180, 820 . 79 . 12 . Claims and Payroll. (See Attached) NOTION: That the claims and payroll, and the authorization to issue warrants as listed on the memorandum 3 1� dated May 26, 1992, from the Director of Finance, be approved. 5 6/1/92 (Consent Calendar continued) 13. Personnel Actions. (See Attached) MOTION: That the personnel actions submitted by Chief Examiner dated May 20, 1992, in accordance with all administrative regulations of the City of San Bernardino, be approved. RESOLUTIONS NOTION: That the following resolutions be adopted. City Administrator/M.I.S. 14 . Resolution of the City of San Bernardino authorizing the Mayor of San Bernardino to execute an agreement with Ray Morrow of Satin Systems to provide software for the City' s Garage operation. (Cost to City - $17,000 from Refuse Fund: Professional/Contractual Services) (See Attached) 3 �5 Facilities Management 15. Resolution of the City of San Bernardino assessing certain parcels of real property located within the City of San Bernardino for the costs of abatement of public nuisances (abandoned vehicles) on said properties . (See Attached) . 7: Finance 16 . Resolution of the City of San Bernardino authorizing the Director of Firiance to sign the approval to maintain the Fiscal Agent on Assessment District 977B after the merger of Security Pacific National Bank and Bank of America. (See Attached) 7/3 —,-t.- ufhe� 6 6/1/92 (Consent Calendar continued) Parks. Recreation & Community Services 17 . Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement between said City and San Bernardino City Unified School District relating to the use of recreational facilities and repealing Resolutions 11165 and 92-107 . (See Attached) 3�s 18. Resolution of the City of San Bernardino authorizing the Director of Parks, Recreation and Community Services Department to execute an agreement with Catholic Charities, Inc. Diocese of San Bernardino, to provide Senior Aides to City work sites . (See Attached) 3� 19 . Resolution of the City of San Bernardino authorizing the execution of a worksite agreement between the San Bernardino City Unified School District Special Education Department and the City of San Bernardino Parks, Recreation and Community Services Department for providing worksites for a Special Education Career and Vocational Training Program. (See Attached) 3 /� Police 20. Resolution of the City of San Bernardino authorizing the execution of an agreement with the County of San Bernardino relating to the implementation and operation of an automated identification system. (Cost to City - $104,676 from General Fund, 1992/93 Budgn/5 See Attached) D21 Resolution of the City of San Bernardino authorizing the execution of an agreement with Roger Ernst & Associates, Auctioneers to store and sell seized vehicles, personal and real propert and firearms . (See Attached) s/�) 6/1/92 (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 abatement. See Attached) 3/5 Public Works/Envineerinq 23 . Resolution of the City of San Bernardino awarding a contract to Valley Crest Landscape, Inc. for Phase I of park and street improvements at Buckboard Park. (Cost to City- $699,000 from Park Construction Fee Fund. ) (See Attached) (See Companion Item No. 9 on Council agenda) Ward 5 (Contract documents are av able in City Clerk's Office) 3�5 24 . Resolution of the City of San Bernardino authorizing the execution of an agreement with Marilyn Carlson relating to the extension of a sewer main to serve the two lots created by Parcel Map No. 13320, on Sepulveda Avenue, north of 50th Street. (Cost to ', City - $20,000 from Sewer Line Construction Fund. ) (See Att ed) Ward 4 3 �5 25 . Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Program Supplement No. 68 of Local Agency Federal-Aid Projects, between said City and the State of California, acting by and through its Department of Transportation, relating to the interconnection of traffic signals on Mill Street, from "K" Street to "G" Street. (See Attached) Ward 3 3l� 8 6/1/92 (Consent Calendar continued) 26 . Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Program Supplement No. 69 of Local Agency Federal-Aid Projects, between said City and the State of California, acting by and through its Department of Transportation, relating to the interconnection of traffic signals on Highland Avenue, from Valencia Avenue to Goldpn Avenue. (See Attached) (L/5) Wards 2 & 7 27 . Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Program Supplement No. 70 of Local Agency Federal-Aid Projects, between said City and the State of California, acting by and through its Department of Transportation, relating to the interconnection of traffic signals on Mt. Vernon Avenue, from Rialto Avenue to Base Street. (See Attached) 3/5 Wards 1 & 6 28 Resolution of the City of San Bernardino awarding a contract to Executive Landscape Contractors, Inc. for maintenance of landscaping in portions of Irvington and Chestnut Avenues in Assessment District No. 997 . (Cost to City - $8,500 from Assessment District Fund. ) (See Attached) Ward 5 (Contract documents are available in City Clerk' s Office) p menjfd NOTION: That the City Administrator be instructed to ev�elop- a for the purpose of borrowing $8 , 500 . 00 from the Sewer Line Resa�ul�n Construction Fund (245) , to front the estimated costs that will be incurred in the 1992/93 Fiscal Year, for maintenance of landscaping on portions of Irvington Avenue, in Assessment District No. 997, in accordance with Plan No. 8301. The Sewer Line Construction Fund (245) will be repaid in the J � 1993/94 Fiscal Year from assessments on the parcels within the district. 9 6/1/92 (Consent Calendar continued) Risk Management 29 . Resolution of the City of San Bernardino authorizing the execution of an agreement with the Counseling Team to perform counseling services for the employees of the City of San Bernardino. (Cost to City - $34,200 from General Fund, 1992-93 B et. ) (See Attached) Z Water 30 . A resolution of the Mayor and Common Council of the City of San Bernardino, accepting a corporation grant deed from San Gorgonio Land Company, a California Corporation, for property located between the east side of the Flood Control Channel and the west side of Washington Street from Dumas Avenue to one hundred---,twenty feet south of Ennis Street. (See Attached) Ward 3 b4� ORDINANCES - FINAL READING �- OTION: That the following ordinances be adopted. 31. Ordinance of the City of San Bernardino amending Chapter 13.32 of the San Bernardino Municipal Code entitled Wastewater Facilities, to revise industrial limitations for discharge into sewer system, to require compliance with federal and state wastewater standards, to revise penalties for violation of discharge standards, and to make various technical corrections. (See Attached) 3�s , 32 . Ordinance of the City of San Bernardino amending Section 19 . 06 . 020, Table 6 .01 of the San Bernardino Municipal Code (Development Code) allowing membership organizations, including fraternal groups and churches, in a wider band of commercial and industrial d use districts. (See Attached) END OF CONSENT CALENDAR 10 6/1/92 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. 33. Public hearing - determine fees to be charged for the collection and disposal of refuse. (See Attached) Resolution of the Mayor and Common Council of the City of San Bernardino fixing and determining the fees and charges to be charged for the collection and disposal of refuse, and repealing Resolution No. 91-288 and amendments thereto, and provisions for automated residential refuse collection. Mayor to open the hearing . . . MOTION: That the hearing be closed and said resolution be adopted. s/3 14 cj-a' fiR,ait,t l S/' / A-e' A4� . TO BE HEARD AT 10:00 A.M. 34. Public hearing - resolution of necessity authorizing condemnation proceedings - right-of-way acquisition for Tippecanoe Avenue widening project from Laurelwood Drive to Hardt Street. (See Attached) Ward 1 Resolution of the City of San Bernardino finding and determining that the public interest and necessity requires the acquisition of certain real property in fee for public purposes and all uses appurtenant thereto along Tippecanoe Avenue between Laurelwood Drive and Hardt Street. Mayor to open the hearing . . MOTI That the hearing be closed and said resolution be adopted. -y--� 14 � U 11 6/1/92 STAFF REPORTS ,/CONTINUED FROM MAY 18, 1992 35 . Approval of plans and authorization to advertise for bids- installation of fill-in street improvements, Chapter 27 . (Backup material was distributed on May 18, 1992, Item No. 11) (See Companion Item No. 36 on Council agenda) wards 1, 3 & 6 MOTION: That the plans for installation of fill-in street #1 improvements, in accordance with Plan No. 8690, be approved; and that the Director of Public 7 Works/City Engineer be authorized to advertise for bids . and : That the Cit Administrator be instructed to 12 eve op a for the purpose of borrowing $50,300 from the Sewer Line Construction 5/7 Fund (245) to front the contract costs for the installation of fill-in street improvements, per Plan No. 8690 . The Sewer Line Construction Fund will be paid over three years at 78 interest. p ' n e RESOLUTION 36 . Resolution of the City of San Bernardino authorizing an interfund loan from the Sewer Line Construction Fund (245) to the Special Assessment Fund (251) in the amount of $50,300 for the installation of fill-in street improvements at various locations throughout the City. (See Attached) (Cost to City - $50,300 from Special Assessment Fund. ) (See Companion Item No. 35 on Council agenda) OTION: That said resolution be adopted. /3 12 6/1/92 (Staff Reports continued) 37 . Request to consider use of office space by non-profit organizations - James Elder - All American Youth Foun ion. (See Attached) NOTIJON- , Administrator That said item be referred to the City for further review and study. ORDINANCE - FINAL READING CONTINUED FROM MAY 18, 1992 38 . 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) MOTION: That said ordinance be adopted. 13 6/l/92 RECONVENE MEETING PLANNING MATTERS 2:00 P.M. ROLL CALL 2. 0 �' m PRESENT: ABSENT: 3. V, 7 ( ✓PL a.w © 2 '.O.3:4. -rn) ✓'1'O BE HEARD AT 2:00 P.M. - CONTINUED FROM MAY 4. 1992 39 . Public hearing - final determination for Tentative Tract No. 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. Ma or to open the hearing . MOTION: t Tent Tract No. 15228 be 14 6/l/92 \ TO BE HEARD AT 2:00 P.M. - CONTINUED FROM MAY 4. 1992 40 Appeal - Planning Commission's denial of Variance No. 91-14 ?1� - request to allow a freeway identification sign which exceeds the maximum allowable height and face area - 2885 N. Ji Del Rosa Avenue. (Backup material was distributed on April 6, 1992, Item No. 57, new staff report attached) 1 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 . . . P That the public hearing be closed and the appeal of Variance No. 91-14 be denied based on findings of facts in the Planning Commission' s staff report dated February 4, 1992 or MOTION: That the public hearing be closed and the appeal #2 of Variance No. 91-14 be upheld, subject to the findings of fact (Attachment "A" ) and conditions of approval (Attachment "B") . �° 15 6/1/92 `,.. ?L JM) BE BEARD AT 2.00 P.M. - CONTINUED FROM MAY 4, 1992 �41 . �Anneal - Planning Commission' s denial of Variance No. 91-20 to permit an additional wall sign over the number ,1 N 0 permitted - Kids "R" Us - 666 South "E" Street. (Backup material was distributed on April 6, 1992, Item No. 58, new i staff report attached) ti r, Applicant: Alexis S. M. Chiu a Kane, Ballmer & Berkman s, v. 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 . . . NOTION: That the hearing be closed and the appeal be upheld based on the findings of fact. .S TO BE BEARD AT 2.00 P.M. - CONTINUED FROM MAY 4 1992 42 . Public hearing - historic building demolition ordinance. (Backup material was originally distributed on February 3, 1992, Item No. 33, new urgency ordinance was distributed on May 4, 1992, Item No. 43, copy attached) Mayor to open the hearing . . . An urgency 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 applications for potentially historic buildings and structures. (See next page for motion) i 16 6/l/92 MOTIO That t heari be cl sed; that negative declara ion b adopted; a sai gency ordinance be adop TO BE HEARD AT 2.00 P.M. - CONTINUED FROM MAY 4. 1992 43 . 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. ��, (Backup material was distributed on May 4, 1992, Item No. IN 4 Mayor to open the hearing . . Y P MOTION: That a hea ing be clos , that the M r d Co n Counci deny th appeal a d u old the de is ion of t e Heari Officer s b ' ct to the f' dings made i Stat ent of Decision. TO BE HEARD AT 2.00 P.M. 44 . Public hearing - General Plan Amendment No. 91-13 - delete requirement for feasibility studies and conversion plans for publicly assisted senior projects . (See Attached) Resolution of the City of San Bernardino adopting and approving General Plan Amendment No. 91-13 to the General Plan of the City of San Bernardino. Mayor to open the hearing . . . MOTION: That the hearing be closed and said resolution be adopted. 17 6/1/92 45. Adjournment. NOTION: That the meeting be adjourned. ✓�to� /�/9Z 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. 18 6/1/92