HomeMy WebLinkAbout11-02-1998 Jt. Reg Mtg Agenda vftw
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, NOVEMBER 2, 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. (Community Development Commission
Items are on Page 12)
CALL TO ORDER:
PRESENT:
ABSENT:
CLOSED SESSION
1. Pursuant to Government Code Section(s):
MOTION: That the Mayor and Common Council and the
Community Development Commission recess to closed
session for the following:
State of California ex rel. Stull vs. Bank of America - San
Francisco Supreme Court Case No. 968-484;
Kathleen Reynolds vs. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 33562.
A. Conference with legal counsel - existing litigation - pursuant
to Government Code Section 54956.9(a):
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)
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VROO
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 - pursuant to
Government Code Section 54957.
E. Conference with real property negotiator - pursuant to
Government Code Section 54956.8.
END OF CLOSED SESSION
2 11/2/1998
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
3. Presentations.
4. Announcements by Mayor and Common Council.
5. 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 14, 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/Community Development Commission be
waived.
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7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
October 26, 1998, from Barbara Pachon, Director of
Finance, be approved.
8. Personnel Actions. (See Attached)
MOTION: That the personnel actions as submitted by the Chief
Examiner, dated October 22, 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 Clerk's Office
9. Resolution of the City of San Bernardino repealing Resolution No.
97-106 &, adopting the revised 1998 Records Retention Schedule
attached as Exhibit "A". (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
10. Resolution of the Mayor and Common Council of the City of San
Bernardino calling a special election in the Third Ward of the City
for February 2, 1999 to fill the vacant Council seat in said Ward
and establishing the nomination period as November 5, 1998 to
November 30, 1998. (See Attached) (Cost to the City -- $24,000
[Finance will identify funding for the cost of the election
during the mid-year review process].) (Resolution not available
at time of printing.) Ward 3
MOTION: That said resolution be adopted.
11. Resolution of the City of San Bernardino requesting that the Board
of Supervisors of the County of San Bernardino permit the County
Registrar of Voters to render services to the City of San Bernardino
relating to a special election to be held on February 2, 1999. (See
Attached) (Resolution not available at time of printing.) Ward 3
MOTION: That said resolution be adopted.
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Development Services
12. Resolution of the City of San Bernardino setting a public hearing
relative to the formation of Underground Utility District No. 27,
generally located along portions of 40th Street, between Electric
Avenue and Waterman Avenue. (See Attached) Ward 4
MOTION #1: That the Director of Development Services and
the City Clerk be authorized to proceed with the
establishment of Underground Utility District
No. 27, located along portions of 40th Street
between Electric Avenue and Waterman Avenue;
and
MOTION #2: That said resolution be adopted.
13. Resolution of the City of San Bernardino authorizing the execution
of an agreement with Tom Dodson 8v Associates related to the
Highland Hills Project. (See Attached) (No cost to the City.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Police
14. A resolution of the City of San Bernardino authorizing the
execution of an agreement with Jeff and Lisa Harvey for utilization
of bloodhounds at the San Bernardino Police Department. (See
Attached) (No cost to the City.) (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
STAFF REPORTS
City Administrator's Office
15. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to execute a license agreement
with Metricom, Inc., relating to the installation of wireless digital
radio receivers in the public right of way. (See Attached) (No cost
to the City - Potential revenue to the General Fund is
estimated between $19,500 to $54,500.) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
5 11/2/1998
City Attorney's Office
16. Ordinance of the City of San Bernardino adding Sub-Section A.11
to Section 9.90.010 of Title 9 of the San Bernardino Municipal
Code relating to authority to arrest and issue citations.
(Ordinance not available at time of printing.)
MOTION: That said ordinance be laid over for final adoption.
Facilities Management
17. Adoption of resolutions awarding three contracts to various vendors for
energy efficiency projects at multiple buildings. (See Attached) (Cost to
the City -- $45,695.33 from the Utility Fund.)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Bird Refrigeration for design/build
of an energy-efficient replacement of evaporative coolers and air
conditioning package units at Animal Control, and air conditioning
package units at Delmann Heights Recreation Center, Parks &
Recreation Administration and Rudy C. Hernandez Community
Center and all design, structural, mechanical, electrical and roof
repair work. (Resolution not available at time of printing.)
B. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Energy Controls & Concepts for
replacement of existing lighting with energy-efficient lighting at C.I.D.,
Building Maintenance Shop, Fire Maintenance Shop, Johnson Center,
Lytle Creek Center, Mill Center, Nicholson Center, Parks and
Recreation Administration, Perris Hill Senior Center, Rowe Library,
Ruben Campos Center and Villasenor Library. (Resolution not
available at time of printing.)
C. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Western Allied Refrigeration, Inc.,
for design/build of an energy-efficient replacement of chillers at
Carousel Mall, Feldheym Library and 5+h Street Senior Center and all
design, structural, mechanical, electrical and roof repair work.
(Resolution not available at time of printing.)
MOTION #1: That said resolutions A-C be adopted; and
MOTION #2: That the Mayor and Common Council authorize and
direct the Purchasing Manager to solicit, as needed,
lease-purchase rate quotes under master lease
agreements and to award a lease-purchase to the
lowest responsible leasing company.
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Public Services
18. Resolution of the City of San Bernardino awarding an increase to
the annual purchase orders to Matich Corporation and Industrial
Asphalt/Cal-mat, utilized by the Public Services Street Division for
the repair of roadway pavement. (See Attached)
MOTION: That said resolution be adopted.
END OF STAFF REPORTS
CONTINUED ITEMS
Council Office
CONTINUED FROM SEPTEMBER 21, 1998
19. An ordinance of the City of San Bernardino adding Section
5.04.378 to Title 5 of the San Bernardino Municipal Code relating
to pedestrian food vendors. FIRST READING (Backup material
was distributed on September 21, 1998, Item No. 22.)
(Documentation not available at time of printing.)
MOTION: That said ordinance be laid over for final adoption.
CONTINUED FROM OCTOBER 19, 1998
20. Facilities Management Division Reorganization. (Backup material
was distributed on October 19, 1998, Item No. 18.)
MOTION #1: That one (1) position of Telephone Systems
Coordinator, Range 2365, $2,741-
$3,332/month, be deleted; and
MOTION #2: That one (1) position of Administrative Analyst I,
Range 4350, $2,543-$3,092/month, be
established; and
MOTION #3: That the Director of Human Resources be
directed to update Resolution 6433, Section 2, to
reflect this particular action.
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Development Services
CONTINUED FROM OCTOBER 5, 1998
21. Ordinance of the Mayor and Common Council of the City of San
Bernardino amending Chapter 10.52 of the San Bernardino
Municipal Code establishing a forty-five mile per hour speed limit
on Del Rosa Avenue between Marshall Boulevard and Thirty-Ninth
Street. FINAL READING (Backup material was distributed on
September 8, 1998, Item No. 28; and was continued to
September 14, 1998, Item No. 3; item was laid over for final
adoption - September 21, 1998, Item No. 13; item was
continued to October 5, 1998, Item No. 47.)
MOTION: That said ordinance be adopted.
CONTINUED FROM OCTOBER 5, 1998
22. Resolution of the City of San Bernardino approving the Final Map
for Subdivision Tract No. 14193, located on the southeast corner of
Ohio Avenue and Olive 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. (Backup material was distributed
on October 5, 1998, - item No. 49.) (Resolution still not
available at time of printing.)
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
PLANNING ITEMS
TO BE HEARD AT 11:00 A.M.
CONTINUED FROM OCTOBER 5, 1998
23. Appeal hearing - Conditional Use Permit No. 98-06 and Variance
No. 98-02 - a proposal to establish an indoor storage facility in an
existing 11,500 square foot building, and outdoor vehicle impound
yard, and a request for variances for setbacks and fence/wall
heights at 197 South "D" Street. (Backup material was
distributed on October 5, 1998, Item No. 48.) (No cost to the
City.) Ward 3
(Item Continued on Next Page)
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23. Continued.
Appellant: John Jensen
444 Athol Street
San Bernardino, CA 92401
Applicant/Owner: Brenda & Michael Allen
206 North "D" Street
San Bernardino, CA 92401
Request/Location: The applicant requests approval to vary from
Development Code standards as follows: 1) reduce the ten foot
front and side street setbacks (along "D" and Athol Streets) to five
feet and four feet; 2) reduce the ten foot interior side and rear
setbacks to zero to accommodate the establishment of an outdoor
vehicle impound yard (with a six foot screening wall along a portion
of "D" Street; and 3) increase the maximum allowable fence and
wall heights in the front and street side setbacks from six feet to
eight feet (along "D" and Athol Streets). The 0.73 acre site is
located at 197 South "D" Street on the northeast corner of Athol
and "D" Streets, in the IL, Industrial Light, General Plan land use
designation.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that the Mayor and
Common Council deny the appeal and uphold the
Planning Commission's approval of Conditional Use
Permit No. 98-06 and Variance No. 98-02, based on
the findings of fact, subject to the conditions of
approval and standard requirements in the staff report
dated September 24, 1998, from Michael E. Hays,
Director of Development Services.
TO BE HEARD AT 11:00 A.M.
24. Public hearing - Development Code Amendment No. 98-02,
Conditional Use Permit No. 98-12, and Variance No. 98-08 - to
amend the Development Code to permit self-service mini-storage in
the CG-1, Commercial General land use district - to construct a
60,488 square foot self-service mini-storage facility with a living
unit, and to allow reduced side and rear setbacks - located on the
west side of the intersection of Palm and Bessant Avenues. (See
Attached) Ward 4
(Item Continued on Next Page)
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24. Continued.
An ordinance of the City of San Bernardino amending Chapter
19.06, Section 19.06.020, Table 06.01 and amending Chapter
19.06, Section 19.06.030, Table 06.03 of the San Bernardino
Municipal Code (Development Code) to add mini-storage as a
conditionally permitted use in the CG-1, Commercial General Land
Use District. FIRST READING (Ordinance not available at time
of printing.)
Owner: Jimmy 8s Alma Yanez
c/o C&R Plumbing
7581 Hazard St., #B
Westminster, CA 92683
Applicant: Julio Gener
Studio 3 Architects
20101 S.W. Birch St., Ste. 240
Newport Beach, CA 92660
Request/Location: The applicant requests an amendment to
Development Code Section 19.06.020, Table 06.01(K) and Table
06.03(M) to permit self-service mini-storage in the CG-1 land use
district with approval of a conditional use permit. In addition, the
applicant requests approval of a conditional use permit in
conjunction with DCA 98-02 to construct a 60,488 square foot
self-service mini-storage facility with a living unit for the hired
manager. Also requested are variances to reduce the rear setback
of 10' to 0' and the north and south side setbacks from 10' to 0'
and 6' respectively. The 79,820 square foot property is located at
the intersection of Palm Avenue and Bessant Avenue in the CG-1
land use district. The project will be constructed in two phases.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that the Mayor and
Common Council adopt the Negative Declaration, and
approve Conditional Use Permit No. 98-12 and
Variance No. 98-08, based on the findings of fact and
subject to the conditions of approval and standard
requirements listed in the staff report dated October
15, 1998 from Michael E. Hays, Director of
Development Services; and that said ordinance be laid
over for final adoption.
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TO BE HEARD AT 11:00 A.M.
25. Public hearing - General Plan Amendment No. 97-08, to amend the
land use designation from CG-1, Commercial General to CH,
Commercial Heavy, for 7.2 acres at the northeast corner of the
intersection of Waterman Avenue and 91h Street. (See Attached)
(No cost to the City.) Ward 2
Resolution of the City of San Bernardino adopting General Plan
Amendment No. 97-08 to the General Plan of the City of San
Bernardino, to amend the General Plan Land Use Designation from
CG-1, Commercial General, to CH, Commercial Heavy, for 7.2
acres at the northeast corner of the intersection of Waterman
Avenue and 9th Street. (Resolution not available at time of
printing.)
Owner: Harold Willis
P O Box 5607
San Bernardino, CA 92412
Applicant: Toomey 8s Associates
34590 County Line Road, #5
Yucaipa, CA 92399
Request/Location: A request to change the land use designation of
7.2 acres of an 11.8 acre parcel from CG-1, Commercial General,
to CH, Commercial Heavy. The remaining 4.6 acres will remain as
CG-1. The property is located at the northeast corner of Waterman
Avenue and 9th Street (the old K-Mart building)--and is identified as
999 North Waterman Avenue.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that the Mayor and
Common Council adopt the resolution which approves
the negative declaration and approves General Plan
Amendment No. 97-08, based on the findings of fact as
listed on the staff report dated October 15, 1998, from
Michael E. Hays, Director of Development Services.
END OF PLANNING ITEMS
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MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, NOVEMBER 2, 1998 - 2:00 P.M.
PRESENT:
ABSENT:
CONTINUED FROM OCTOBER 19, 1998
R26. Authorize loan to San Bernardino Symphony Orchestra. (Backup
material was distributed October 5, 1998, Item No. R54; Item
was continued from October 19, 1998, Item No. R26.)
MOTION: That the Mayor and Common Council/Community
Development Commission approve a loan to the San
Bernardino Symphony Orchestra in the amount of
$175,000 to be amortized over five (5) years at an
interest rate equal to the Community Reinvestment
Fund rate of 8.625% with funds to be utilized on an as
needed basis.
R27. Personnel appointment - James Willmott - Construction
Management Specialist - Economic Development Agency. (See
Attached)
MOTION: That the Community Development Commission
approve and ratify the appointment of James Willmott
as Construction Management Specialist in accordance
with Personnel Policies and Procedures for employees
of the City of San Bernardino Economic Development
Agency.
28. Adjournment.
MOTION: That said meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00
a.m., Monday, November 16, 1998, in the Council
Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
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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.
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