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HomeMy WebLinkAbout12-19-1988 Adj. Meeting AGENDA REGULAR MEETING MAYOR AND COMMON COUNCIL DECEMBER 19, 1988 - 9:00 A. M. CALL TO ORDER INVOCATION PLEDGE ROLL CALL PRESENT: ABSENT: A. 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 re- ferred to staff for further study, research, completion and/or future Council action) PRESENTATIONS: 1. Service Award Pins 2. Recognition from Kids Against Crime, Inc. C. APPOINTMENTS: - - - - - - - - - - - - - - - CONSENT CALENDAR Motion: That the motions indicated by Consent Calendar Items 1 through 10 be adopted except for _, _, 1. Approval of Council Minutes. Motion: That the minutes of the following meetings of the Mayor and Common Council of the City of San Ber- nardino, be approved as submitted in typewritten form: a. November 15, 1988 - (Delivered 12/13/88) b. November 21, 1988 - (Delivered 12/1/88) c. November 28, 1988 - (Delivered 12/9/88) d. December 2, 1988 - (Delivered 12/9/88) 2. Report from the Legislative Review Committee dated December 8, 1988 - Councilman Jack Reilly. (See Attached) a. Ordinance amending Municipal Code Subsection B, Section 13.22.070, to provide additional exceptions to the requirement that developments be required to connect to the City sewer system. b. Protection of view in foothill area - recommendation this item be considered in concert with General Plan Amendment, Hillside Management discussion. c. Report regarding City-wide representation on Cemetery Commission. w Motion: That the Minutes from the Legislative Review Committee meeting held December 8, 1988, be received and filed. 3. Report from the Ways and Means Committee - December 12, 1988 - Councilwoman Esther Estrada. (See Attached for Item (b)) a. Visitors/Convention Bureau. b. Victim Support Funding (Request for Action) c. Request to reduce purchase price of Kellogg Library - Elijah Singletary. d. Real property available for sale. e. Increased charge for returned checks. Motion:, That the Minutes of the Ways and Means Committee meeting held December 12, 1988, be received and filed. 4. Request for authorization to concurrently process building permit with a CUP - construction of parking structure - St. Bernardine's Medical Center - Doug Clary, Assistant Administrator. (See Attached) Motion: That a public hearing be set for January 3, 1989 at 10:00 a.m., for the purpose of discussing the request of St. Bernardine's Medical Center for concurrent processing of a building permit and CUP for the construction of a parking structure. 5. Advancement of funds for January 1989 Bond payment for Assessment District No.5861. (See Attached) Motion: That the Director of Finance be authorized to advance 580,000 to the Debt Service Account of Assessment District #5861, to be refunded to the City at the completion of the property transac- tions. - 2 - 12/19/88 6. Authorization to proceed - Mill and Macy Stree~ Area Landscaping Maintenance District. (See Attached) THIRD WARD Motion: That the City Engineer and City Clerk be authorized to proceed with the establishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Municipal Code and that the City Engineer be directed to prepare an Engineer's Report for the proposed maintenance of landscaping in portions of the south side of Mill Street generally between Macy Street and a point approximately 985 feet westerly thereof, in the City of San Bernardino. 7: ~- Pind~ng of need for health and safety reasons - installation of intercepting sewer, from California Street and Porter Street to Cajon Boulevard and Cable Creek Channel. (See Attached) SIXTH WARD Motion: That a finding be made that the installation of intercepting sewer, from California Street and Porter Street to Cajon Boulevard and Devil`s Canyon (Cable) Creek Channel, is needed for health and safety reasons. 8. Claims and Payroll. (See Attached) Motion: That the claims and payrolls, and the authorization to issue warrants as listed on the memorandum from the Director of Finance, be approved. 9. Personnel Actions. (See Attached) Motion: That the Personnel Actions, submitted by the Director of Personnel, in accordance with all administrative regulations of the~City of San Bernardino, be approved. 10. Resolution from Board of Building Commission's meeting of November 4, 1988. (See Attached) Motion: That the following Board of Building Commissions' resolutions be filed. BBC 1243 Pablo Leos BBC 1244 Vincent & Ruth Salazar BBC 1245 Rich Pierce BBC 1246 Maher Haddad BBC 1247 Thomas Nixon/Elinor Stebbins BBC 1248 Milan Dostal BBC 1249 Elmiea Scott BBC 1250 Annie B. Lang BBC 1251 Schwartz/Leroy/Aleene BBC 1252 Larry Nash END OF CONSENT CALENDAR 896 N. "H" St. 587 N. Cabrera 967 N. "G" St. 1158 N. Sepulveda 1172 W. Baseline 740 N. "G" St. 1567 W. Gilbert St. 3021 Pennsylvania 376 W. 18th St, 628 W. 7th St. - 3 - 12/19/88 HEARINGS TO BE HEARD AT 10:00 A.M. 11. Report on encroachments in street right-of-way being a hazard or hindrance - Tract No. 11118, Meyers Road. (See Attached) FIFTH WARD Motion: That the report on encroachments in street right- of-way, within Tract No. 11118, be received and filed, and that the matter be referred to the Legislative Review Committee for a recommendation. y TO BE HEARD AT 10:00 A.M. 12. Public hearing - Closure of Tippecanoe Avenue & Mill Street at boundaries of Ballistic Missile Operations Complex. (See Attached) FIRST WARD Mayor to open the hearing . Motion: That the hearing be closed; that a finding be made that the closure of Tippecanoe Avenue and Mill Street, at the southerly and westerly boundaries respectively, of the Ballistic Missile Operations Complex, is needed for health and safety reasons; that further reading of the following resolution be waived and said resolution be adopted. Resolution of the City of San Bernardino determining that portions of Tippecanoe Avenue, from the south boundary of the Ballistic Missile Operation Complex to Mill Street, and Mill Street, from the west boundary of the Ballistic Missile Operations complex to Tippecanoe Avenue, are not presently needed for vehicular access. v - 4 - 12/19/88 RESOLUTIONS Motion: That further reading of the following resolutions be waived and said resolutions be adopted. CONTINUED FROM NOVEMBER 21, 1988 13. Resolution of the City of San Bernardino renewing the commitment to complete development of the Patton Park Property and to designate the Park Development Fee Fund, and the City's allocations through State and/or Federal Park Development Funds as potential sources for funding the completion. (See Attached) SEVENTH WARD CONTINUED FROM NOVEMBER 21, 1988 14. Resolution of the City of San Bernardino supporting the design revision to the Route 30/330 Interchange by eliminating access at Pacific Street and creating access at Central Avenue. (See Attached) FOURTH WARD ~. CONTINUED FROM DECEMBER 5, 1988 15. Resolution of the City of San Bernardino adopting the 1988/89 to 1992/93 Capital Improvement Program. (See Attached) ,~ "' I c~b~- ~I'~ ~ ~ ~'LLl~2-may ~J ~ ~~i' i Personnel Dept• 16. Resolution of the City of San Bernardino amending Mid-Management MOU, Article 10, Health/Medical Insurance. rS ~- ~~/ 17. Resolution of the City of San Bernardino establishing health-related insurance benefits for Police Safety Employees. ~ d . ~~~ - 5 - 12/19/88 18. Resolution of the City of San Bernardino amending General Unit MOU, Article IV, Section I, fringe benefits. C~~a1~~ ~~- y~.3 19. Resolution of the City of San Bernardino establishing wages, hours, insurance benefits and working conditions for Fire Safety Employees working in job classifications represented by Fire Fighters, Local 89I. -- ~ ~~-,~?~~.~~~-~ ~~-~-n_~~~ gel'- y'7~ 20. Resolution establishing Management and Confidential Employee Compensation and Benefits Plan. 21. A resolution of the City of San Bernardino authorizing and directing the execution of a second amendment to lease and consent to assignment relative to a lease with Albert M. Gallo and Kathryn C. Gallo. (See Attached) SECOND WARD Public Works Dept. 22. Resolution of the City of San Bernardino amending Resolution Mo. 2482 entitled, in part, "A resolution designating certain street intersections where a stop is required .," and authorizing the installation of a stop sign on Mayfield Avenue at its intersection with Oak Street. (See Attached) FIRST WARD QC~'a b'~- Y~~o Purchasing Division 23. Resolution of the City of San Bernardino awarding a bid to Olsten Temporary Services for the furnishing and delivery of industrial labor, to be utilized by the Public Buildings Department in accordance with Bid Specification F-89-13. (See Attached) GG~2 ~«?--~ . i'~~ - 6 - 12/19/88 t4. Resolution of the City of San Bernardino awarding a bid to Walt Rankin and Associates for the furnishing and delivery of playground equipment for Perris Hill Park, to be utilized by the Park and Recreation Depart- ment in accordance with Bid Specification F-89-14. (See Attached) le ~~- y7~ s- Water Depart. 25. Resolution of the City of San Bernardino authorizing and directing the execution of a Memorandum of Understanding with the San Bernardino Municipal Water Department relating to the purchase of office furnish- ings for the renovation of City Hall. (See Attached) ~'8- y~9' 26. Resolution of the City of San Bernardino authorizing the execution of the second amendment to Joint Powers Agreement of 1965 between the City of San Bernardino and Loma Linda Sanitation District. (See Attached) Q- ~~' - ~~`1d - 7 - 12/19/88 FIRST READING Motion: That the first reading of the following ordinances be waived and said ordinances be laid over for final passage. CONTINUED FROM DECEMBER 5, 1988 27• Ordinance of the City of San Bernardino rezoning a certain parcel of land, amending the Land Use Zoning Map, which is incorporated by reference in Section 19.06.020 of the San Bernardino Municipal Code (Petition No. 86-21, generally located on the south side of 48th Street approximately 230 feet west of the centerline of Leroy __ ~ ...~_ Street), and adopting the Negative Declaration for Environmental Review. (See Attached) FOURTH WARD ~L G~ CONTINUED FROM DECEMBER 5, 1988 28. Ordinance of the City of San Bernardino rezoning a certain parcel of land, amending the Land Use Zoning Map, which is incorporated by reference in Section 19.06.020 of the San Bernardino Municipal Code (Petition No. 86-23, generally located on the north side of the proposed extension of Piedmont Drive, approximately 285 feet east of the centerline of Cactus Circle), and adopting the Negative Declaration for Environmental Review. (See Attached) FOURTH WARD rT~~ 29. Ordinance of the City of San Bernardino amending Section 8.54.030 of the San Bernardino Municipal Code relative to exceptions from the pro- hibition against unlawful noises within the City of San Bernardino. (See Attached) 30. Ordinance of the City of San Bernardino amending Section 9.80.010, 9.80.050 and 9.80.060, of the San Bernardino Municipal Code; repealing Sections 9.80.020, 9.80.030 and 9.80.040 of the San Bernardino Municipal Code and adding Section 9.80.015 to the San Bernardino Municipal Code to prohibit the carrying of an exposed dangerous weapon. (See Attached) ~~~r ~ ~~ /~~/~~~ - 8 - 12/19/88 STAFF REPORTS CONTINUED FROM NOVEMBER 21, 1988 31. Request for financial support and ballfield maintenance for AYSO Park located at Pacific and Orange Streets - Roger Itaya, Regional Commissioner - AYSO (See Attached) Note: Resolution No. 88-470, approved December 5, 1988, authorized execution of a First Amendment to the JPA with San Bernardino City Unified School District relating to the use of certain real property at Del Vallejo Junior High School for park and playground facilities. As a result, the City will maintain Del Vallejo Field and the z - School District will provide ballfield maintenance for AYSO Park. Motion: That the City of San Bernardino maintain Del Vallejo Field, with the understanding that the School District will provide ball- field maintenance for AYSO Park. ~~~ CONTINUED FROM DECEMBER 5, 1988 32. Authorization to extend month to month rental of 181 S. "G" Street 90 days. (See Attached) FIRST WARD Motion: That the Real Property Section be authorized to extend the termination of the month to month lease of the premises located at 181 S. "G" Street, with Garden State Paper Co., from December 31, 1988, to March 31, 1989. CONTINUED FROM DECEMBER 5, 1988 33. Sewer service request for property outside corporate limits of City - Tentative Tract 13944, 42nd Street between 3rd Avenue and "F" Street. (20 single family dwelling units). (See Attached) FIFTH WARD Motion: That the request of Hafif Properties to connect #1 Tentative Tract 13944 to the San Bernardino City Sewer System be approved; and authorize the Director of Public Works/City Engineer to enter into an agreement for outside City sewer service. (See next page) ~((/// - 9 - 12/19/88 Motion: Deny the request of Hafif Properties to connect #2 Tentative Tract No. 13944 to the San Bernardino City Sewer System. CONTINUED FROM DECEMBER 5, 1988 - TO BE HEARD AT 10:30 A.M, 34. Discussion on the decision of the City Attorney concerning the responsibility to maintain and clear a sewer lateral located at 1940 W. Baseline - Carl Clemons. (See Attached) i -ft ...rte Motion: That the City deny the request to maintain the #1 sewer lateral at 1940 W. Baseline as presented by Carl Clemons. or Motion: That the City assume the responsibility of #2 maintaining the sewer lateral at 1940 W. Baseline. dF',LG ,11.~.. ~ ,,~i'~=t'c-C-e.-~t/ G-C/~r-¢' c~Gu'.~-~_ ~ ~~ L'.~.' c61i?~ ~, .~1~~i~~c2~' ~tJ ~`G~7t11. ~ ..cam~~. -<-~~ -~c.~~ ~ ~~~ ~ 35. Luncheon Workshop - Noon to 1:30 p.m, - RDA Board Room - Discussion of circulation and transportation as it relates to the General Plan. 36. Report from General Obligation Bond Blue Ribbon Committee. otion: That the Committee be reconstituted and reconvened #1 in January, 1989, for the purpose of evaluating the ways of financing the needs that have been previously addressed with the stipulation that the Committee as reconstructed, include active participating appointees from all seven wards and the Mayor's Office, Motion: hat Council Members Estrada, Minor and Miller #2 remove themselves from appointment to the General Obligation Bond Blue Ribbon Committee. (See next page) - 10 - 12/19/88 otion: That the Committee adjourn to a first meeting in #3 January, 1989, with the time and exact date to be scheduled in the near future. (See Attached) 37. Request for appeal hearing - Denial of business permit - Orange Grove Motel - 1686 Mt. Vernon Avenue - Andrew J. Haynal (See Attached) WARD 6 Motion: That the request of Andrew J. Haynal, attorney for Hitesh Patel, that the Mayor and Common Council conduct an appeal hearing on the Police Commission's denial of a business permit for the Orange Grove Motel be 1. Denied - or - 2. Granted on the grounds (either A, B, or C as listed in the staff report) and that the hearing be held Tuesday, January 3, 1989, at-~G~r89~a.m., in the Council Chambers. ~~~ ~ r ,/~~ 38. Selection of Underwriter Services for City/Housing Authority/San Bernardino Hospital Senior Housing Complex. (See Attached) WARD 6 Motion: To approve the selection of Erlich Bober and Company, Znc., as underwriter for City/Housing Authority/San Bernardino Community Hospital Senior Housing Complex and direct the City Attorney to prepare the appropriate documents for approval by the Mayor and Common Council on January 3, 1989. - 11 - 12/19/88 39. Public disclosure of conflict of interest relative to participants in rental rehabilitation progr~Jam~~~~,(~See Attached? .~ Motio_1n:) That the' conflrict -o~ terest between CD Financial, Inc., City of San Bernardino Rental Rehabilitation Escrow Services Company, and John Rampello, part owner of CD Financial, Inc., property owner and Rental Rehabilitation participant, be publicly disclosed in accordance with Section 570.11 of Federal regulations and that the City Clerk be directed to provide the U. S. Department of Housing and Urban development written confirmation and documentation of such public disclosure. LZ'iJl~'A'~a° 40. Financing certain public improvements in the Verdemont Area. (See Attached) WARD 5 ---'-'-mac-, Motion: What recommendations numbered 1, 2, 3, 4, 5, and -..___- 6(d) in the attached staff report be adopted. If approved, the Directors of Public Works', Planning and the Acting Director of Building and Safety be. authorized and directed to process all plans in accordance with the California Environmental Quality Act and City policies and procedures up to and including the issuance of grading and building permits. 41. Authorization to proceed - Belmont and Chestnut Area Drainage District. (See Attached) WARD 5 Motion: t the City Engineer and City Clerk be authorized to in to proceedings for the establishment of an assessment rict under the provisions of Chapter 12.90 of the San ardino Municipal Code and that the City Engineer be di ed to prepare an Engineer's Report for the proposed const ion of a storm drain and appurtenant facilities in the a of Belmont Avenue and Chestnut Avenue in the City o Bernar- dino and known as the Chestnut Avenue storm dra G - 12 - 12/19/88 ~2• Authorization to proceed - Palm and Kendall Drive Area Signalization and Drainage District. (See Attached) WARD 5 Motion: That the City Engineer and City Clerk be authorized t itiate proceedings for the establishment of an assessme istrict under the provisions of Chapter 12.90 of the Sa rnardino Municipal Code and that the City Engineer be ted to prepare an Engineer's Report for the proposed insta tion of traffic signals at the intersection of Palm ue and Kendall Drive and for the construction of a box cu t at Palm Avenue and the Cable Creek Channel, in the of San Bernardino. .- - 13 - 12/19/88 RECONVENE PLANNING MATTERS 2:00 P. M. RECONVENE ROLL CALL PRESENT: ABSENT: CONTINUED FROM NOVEMBER 21, 1988 43. Appeal: Denial of Review of Plans No. 88-60 by the Development Review Committee and the Planning Commission for construction of multi- tenant retail building - failure to meet set back requirements, insufficient parking and dangerous circulation both on and off-site. northeast corner of Waterman and Hospitality Lane. (See Attached) Filed by: Michael Palmer & Associates, representing M.S. Partnership. Location: FIRST WARD. Located at the northeast corner of Waterman Avenue and Hospitality Lane. Staff recommendation to Commission: That the Planning Commission deny the appeal and Review of Plans No. 88-60. Commission Decision: Denial of applicant's appeal of Review of Plans No. 88-60. VOTE: Unanimous Mayor to open the hearing . Motion: That the hearing be closed; and that the Mayor and Council deny the appeal and deny Review of Plans No. 88-60. (Staff recommendation) or Motion: That the hearing be closed; that the decision of the Planning Commission be reversed, and that the Review of Plans No. 88-60, be approved, subject to the following conditions . - 14 - 12/19/88 '44. Appeal: Conditional Use Permit No. 88-38 - Approval by Planning Commission to establish a church (Victory Outreach) in the General Commercial (CG) land use designation of the Interim Policy Document (IPD) with an underlying zone of C-3A, Limited General Commercial. (See Attached) Filed by: Council Member Jess Flores Applicant: Victory Outreach - Owner: James & Melania Oronoz Location: THIRD WARD. Located on West Second Street, 180 feet east of Mt. Vernon Avenue. Third Street borders the property to the north. Staff recommendation to Commission: That the Planning Commission approve ~. - ~-- Conditional Use Permit No. 88-38 subject to the attached Findings of Fact, Conditions of Approval, Standard Conditions and Requirements. Commission Decision: Approval of Conditional Use Permit No. 88-38 by a 6 to 1 vote. Mayor to open the hearing . Motion: That the hearing be closed; that the Mayor and Council deny the appeal and approve CUP No. 88-38 with variance subject to the Findings of Fact and Conditions of ~ Approval contained in the November 9, 1988, staff report; i ~ a ~ . (supports Planning Commission action). or Motion: That the hearing be closed; that the Mayor and Council uphold the appeal and deny CUP No. 88-38; ~..,-tha~~ j tote-~4ayar ""and_Council-wa~ve---tlie--apps= =~-~L(i~y,.i~z~ (Canacl Member Flores' request) 45. Amendment to contract with Envicom Corp. (S~e Attached) Motion: hat further reading of the resolution be waived and said resolution be adopted. (Note: resolution not available at time of printing) >~ CI ~ - 15 - 12/19/88 CLOSED SESSIONS 46. Request for Closed Session to discuss personnel matters. Motion: 1That the Common Council recess to Closed Session to ' consider personnel matters pursuant to Government Code Session 54957. ~_ 4 4. _ F.eguest for Closed Session to discuss labor relations. (Management & Confidential) M tion:.~ That the Common Council recess to Closed Session to meet with its Designated Representatives regarding labor relations matters pursuant to Government Code Section 54957.6. 48. Request for Closed Session to discuss pending litigation. Motion / That the Common Council recess to Closed Session to confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation. 49. Request for Closed Session to discuss pending litigation. otion: That the Common Council recess to Closed Session to confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(c), so that Council may decide whether to initiate litigation. - 16 - 12/19/88 50. Request for Closed Session to discuss pending litigation. Motion: That the Common Council recess to Closed Session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litiga- tion which has been initiated formally to which the City is a party as follows: City of San Bernardino vs. California Construction Management, Inc et a1 - San Bernardino Superior Court Case No. 238755. Saldecke, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 236836. r - Cable Lake Association vs. City of San Bernardino - San Bernardino Superior Court Case No. 239714 and Case No. 239649. City of San Bernardino vs. San Bernardino Baseball Club, Inc -San Bernar- dino Superior Court Case No. 239193. Stubblefield Construction Company, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 232998. Juan Manuel Sanchez vs. Citv of San Bernardino - United States District Court Case No. CV87-2291 AWT (Bx), Charles H. Brown vs. City of San Bernardino -San Bernardino Superior Court Case No. 243087. Sock Dawson, et al vs. City of San Bernardino, et al - United States District Court - Case No. SA 88-461 AHS (RWRx). Lines vs. City of San Bernardino - San Bernardino Superior Court Case No. 221289. Barron/Alcarez vs. City of San Bernardino - San Bernardino Superior Court Case No. 241692. Gideon U. Brown vs. San Bernardino Police Department - United States District Court (Central) Case No. 88-06331 HLH (JRx). Betty Ann Mulica vs. City of San Bernardino - San Bernardino Superior Court Case No. 243108. John V. Grinrod vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 241586. - 17 - 12/19/88 51. Adjourn Meeting. ----a Motion: ;That the meeting adjourn to Tuesday, January 3, -----~ 1989, at 9:00 a.m., in the Council Chambers of City Hall, 300 N. "D" Street. _ ,~ .. "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 comment, said total period for public comment shall not exceed forty-five (45) min- utes, 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 autho- rized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code." - 18 - 11/19/88 SUPPLEMENTAL AGENDA December 19, 1988 Motion: That further reading of the following resolutions be waived and said resolutions be adopted. S-1 - .~ Resolution of the City of San Bernardino authorizing the execution of a lease agreement for a police community service office for Area C. (See Attached) ~'~~~~~ WARD 3 S-2 Resolution of the City of San Bernardino authorizing the execution of an agreement with Federal, State, County and City public entities to form a clandestine laboratory task force to investigage and prosecute criminal cases involving illegal manufacturing of controlled substances. (See Attached) S-3 Resolution of the City of San Bernardino authorizing the execution of a Third Amendment to Agreement with Yvonne Everett and Tamario Fuca relating to the purchase and sale of certain real property. (Kellogg Library) S-4 Request from the Police Department to allocate $23,000 to the Victim Support Services Program. (See Item #3b on Regular Agenda for back-up) Motion: That the City Council allocate $23,000 to continue the Victim Support Services Program through the remainder of current fiscal year 1988/89. S-5 Demolition of Miles House - 439 W. 8th Street. (See Attached) WARD 1 Motion: ~ efer matter to Environmental Review Committee for a hearing to analyze and evaluate the need for environmental review. /~ ~~ ~~ STAFF REPORTS 6. Request for Closed Session to discuss litigation. (See Attached) ~. _._ ~~= ~- MOTION: That the Community Oeveiopment Commission recess to Closed Session Pursuant to Government Code Section 54956.9(c), to decide whether to initiate litigation. HEARING - _ '`~~ TO BE HEARD AT 11:00 A.M. 7. Rockwell International - Public Hearing to approve the Lease And Option To Purchase and the execution of a Disposition and Development Agreement between Rockwell International Corporation and the Redevelopment Agency of the City of San Bernardino. (See Attached) J Chairma ayor to open the hearing....... y MOTION: That the hearing be closed. City Clerk reads resolution titles. Mavor and Common Council #1 Resolution of the City of San Bernardino approving the Lease with ~ option to purchase of that certain property identified as APN 281-031-51 and 281-041-41, located on Cooley Avenue within the Southeast Industrial Park Project Area, by the ''~'~ - ~~- Community Development Commission of the City of San ,, -~ ' #2 San Bernardino Authorizing and directing the Execution of a Disposition and Development Agreement by and among the Redevelopment Agency of the City of San Bernardino and Rockwell International Corporation. i ¢= Bernardino to Rockwell International Corporation (Health and Safety Code Section 33433). 1~~~~. ~2'~~~ Community Development Commission Resolution of the Community Development Commission of the City of MOTION: That further reading of the resolutions be waived MOTION: That the resolutions be adopted. 3 1636H i ~, HEARING TO BE HEARD AT 11:00 A.M., CONTINUED FROM DECEMBER 5, 1988 8. YWCA - Joint Public Hearing to approve the sale of certain property and the execution of a Disposition Development Agreement by the Community Development Commission of the City of San Bernardino to the Young Women's Christian Association of Greater San Bernardino. (See Attached) PUBLIC HEARING PREVIOUSLY OPENED MOTION: That the hearing be closed. City Clerk reads resolution titles. ,. , _ ~ ~ Mayor and Common Counc i 1 ~~~ #1 ~ Resolution of the City of San Bernardino approving the Sale of that certain property identified as APN 135-061-10, located at 566 North Lugo Avenue within the Central City East Redevelopment Project Area, by the Community Development Commission of the City of San Bernardino to the Young Women's Christian Association of Greater San Bernardino (Health and Safety Code Section 33433). Community Development Commission #2 Resolution of the Community Development Commission of the City of San Bernardino, acting on behalf of the Redevelopment Agency of the City of San Bernardino, approving a certain Disposition and Development Agreement by and between the Redevelopment Agency and Young Women's Christian Association of Greater. San Bernardino, Inc. (Central Ctty East Project Area). MOTION: That further reading of=the resolutions be waived. MOTION: That the resolutions be adopted. 9. Adjournment MOTION: That the meeting be adjourned to 11:00 a.m., on Tuesday, January 3, 1989. in the Council Chambers of City Ha11, 300 North "D" Street, San Bernardino, California. 4 1636H SHAUNA CLARK, CITY CLERK (2 SETS) 2n. loor A' REGULJ COMMUNITY DEVELOPMENT COMMl~;).1UIH I\t.LlLU....."', ,,_... December 19, 1988 - 11:00 a.m. CALL TO ORDER ROLL CALL PRESENT: ABSENT: A. PUBLIC COMMENTS ON ITEMS NOT ON AGENDA: CONSENT CALENDAR Motion: That the motions, indicated by Consent Calendar Items 1 through 2, be adopted, except for ____,____,____,____. 1. Community Development Commission/Redevelopment Agency of the City of San Bernardino Minutes. (See Attached) MOTION: That the minutes of the meeting of the Community Development Commission/Redevelopment Agency of the City of San Bernardino held on December 5, 1988, be approved as submitted in typewritten form. J CONTINUED FROM NOVEMBER 7, 1988 2. SEIP - Auto Plaza - Friedlander Default - Parcel 6 of Parcel Map 9713, to be continued to Tuesday, January 17, 1989. (See Attached) MOTION: That the request to continue to Tuesday, January 17, 1988, be approved. END OF CONSENT CALENDAR . HEARING TO BE HEARD AT 11:00 A.M., CONTINUED FROM DECEMBER 5, 1988 8. YWCA - Joint Public Hearing to approve the sale of certain property and the execution of a Disposition Development Agreement by the Community Development Commission of the City of San Bernardino to the Young Women's Christian Association of Greater San Bernardino. (See Attached) PUBLIC HEARING PREVIOUSLY OPENED MOTION: That the hearing be closed. City Clerk reads resolution titles. f) @ Mayor and Common Council Resolution of the City of San Bernardino approving the Sale of that certain property identified as APN 135-061-10. located at 566 North Lugo Avenue within the Central City East Redevelopment Project Area, by the Community Development Commission of the City of San Bernardino to the Young Women's Christian Association of Greater San Bernardino (Health and Safety Code Section 33433). Community Development Commission #2 Resolution of the Community Development Commission of the City of San Bernardino, acting on behalf of the Redevelopment Agency of the City of San Bernardino. approving a certain Disposition and Development Agreement by and between the Redevelopment Agency and Young Women's Christian Association of Greater San Bernardino, Inc. (Central City East Project Area). MOTION: That further reading of the resolutions be waived. MOTION: That the resolutions be adopted. 9. Adjournment MOTION: That the meeting be adjourned to 11:00 a.m., on Tuesday, January 3, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 4 1636H ~ :\\ lJt<< Lv 't) ~~ { SUPPLEMENTAL AGENDA December 19, 1988 Motion: That further reading of the following resolutions be waived and said resolutions be adopted. S-l Resolution of the City of San Bernardino authorizing the execution of a lease agreement~6r a .POtlCe community service office for Area C. (See Attached) (".v!J~tvtt/7) WARD 3 {/j/? 3 S-2 Resolution of the City of San Bernardino authorizing the execution of an agreement with Federal, State, County and City public entities to form a clandestine laboratory task force to investigage and prosecute criminal cases involving illegal manufacturing of controlled substances. (See Attached) v S-3 Resolution of the City of San Bernardino authorizing the execution of a Third Amendment to Agreement with Yvonne Everett and Tamario Funn relating to the purchase and sale of certain real property. (Kellogg Library) / ,/ Y S-4 Request from the Police Department to allocate $23,000 to the Victim Support Services Program. (See Item #3b on Regular Agenda for back-up) Motion: That the City Council allocate $23,000 to continue the Victim Support Services Program through the remainder of current fiscal year 1988/89. J/ S-5 Demolition of Miles House - 439 W. 8th Street. (See Attached) WARD 1 Motion: Refer matter to Environmental Review Committee for a hearing to analyze and evaluate the need for environmental review. " A~ENQA December 19, 1988 ~service Awards pin Ceremony Recognition from Kids Against Crime, Inc. CONSENT CALENDAR Motion: motions through indicated , be by Consent Calendar adopted, except for That the Items ~Report from the Legislative Review Committee dated December 8, 1988 -- Councilman Jack Reilly. a. Ordinance amending Municipal Code Sub section B, Section 13.22.070, to provide additional exceptions to the requirement that developments be required to connect to the City sewer system. b. Protection of recommendation with General discussion. view in foothill area this item be considered in concert Plan amendment, hillside management c. Report regarding City-wide representation Cemetery Commission. on MOTION: That the Minutes from Committee held December filed. the Legislative Review 8, 1988, be received and Report from the Ways and Means Committee -- December 12, 1988 Councilwoman Esther Estrada. a. Visitors/Convention Bureau ~b. victim Support Funding ( Request for Action ) c. Request to reduce purchase price of Kellogg Library - Elijah Singletary. d. Real property available for sale. e. Increased charge for returned checks. MOTION: ~equest for authorization to concurrently process building permit with a CUP -- construction of parking structure -- st. Bernardine's Medical Center Doug Clary, Assistant Administrator. That the Minutes of the Ways and Means Committee held December 12, 1988, be received and filed. MOTION: That a public hearing be set for January 3, 1988 at 10:00 a.m. for the purpose of discussing the request of st. Bernardine's Medical Center for concurrent processing of a building permit and CUP , for the construction of a parking structure. !/" ~Advancement of funds for January 1989 Bond payment for Assessment District #5861. (Ward 6) I ~ Authorization to proceed Mill and Macy street Area Landscaping Maintenance District. (Ward 3) vi' v' Finding of need of intercepting street to Cajon for health and safety reasons -- installation sewer, from California street and Porter Boulevard and Cable Creek Channel. (Ward 6). Claims and Payroll. \/ Personnel Actions. END OF CONSENT CALENDAR .... A~~N.QA DECEMBER ~~, 1988 Itt RESOLUTIONS Personnel Department J RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING MID- MANAGEMENT MOU, ARTICLE 10, HEALTH/MEDICAL INSURANCE. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING HEALTH- RELATED INSURANCE BENEFITS FOR POLICE SAFETY EMPLOYEES. J RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING GENERAL i UNIT MOU, ARTICLE IV, SECTION I, FRINGE BENEFITS. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING WAGES, HOURS, INSURANCE BENEFITS AND WORKING CONDITIONS FOR FIRE SAFETY EMPLOYES WORKING IN JOB CLASSIFICATIONS REPRESENTED BY FIRE FIGHTERS, LOCAL 891. RESOLUTION ESTABLISHING MANAGEMENT AND CONFIDENTIAL EMPLOYEE ye COMPENSATION AND BENEFITS PLAN. Public Works Department ,~ ",,' .,.. '. ~~~~::~!~;'-~O:OO A.M 'c "_'_~'.~'~~'~'~..", MOTION: That a finding be made that the closure of Tippe- canoe Avenue and Mill Street, at the southerly and westerly boundaries respectively, of the Ballistic Missile Operations Complex, is needed for health and safety reasons. ~RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT PORTIONS OF TIPPECANOE AVENUE, FROM THE SOUTH BOUNDARY OF THE BALLISTIC MISSILE OPERATIONS COMPLEX TO MILL STREET, AND MILL STREET, FROM THE WEST BOUNDARY OF THE BALLISTIC MISSILE OPERATIONS COMPLEX TO TIPPECANOE AVENUE, ARE NOT PRESENTLY NEEDED FOR VEHICULAR ACCESS. (WARD 1) j ~ RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND AMENDMENT TO LEASE AND CONSENT TO ASSIGNMENT RELATIVE TO A LEASE WITH ALBERT M. GALLO AND KATHRYN C. GALLO. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2482 ENTITLED, IN PART, .. A RESOLUTION ...DESIGNATING CERTAIN STREET INTERSECTIONS WHERE A STOP IS REQUIRED.." AND - - vlAUTHORIZING THE INSTAL~TION OF A ~~OP SIGN ON MAYFIELD AVENUE AT ITS INTERSECTION WITH OAK STREET. (WARD 1) Purchasinq Division ~RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO OLSTEN TEMPORARY SERVICES FOR THE FURNISHING AND DELIVERY OF INDUSTRIAL LABOR, TO BE UTILIZED BY THE PUBLIC BUILDINGS DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-89-13. J' ~RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO WALT RANKIN AND ASSOCIATES FOR THE FURNISHING AND DELIVERY OF PLAYGROUND EQUIPMENT FOR PERRIS HILL PARK, TO BE UTILIZED BY THE PARK AND RECREATION DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-89-14. Water Department ~ESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO MUNICIPAL WATER DEPARTMENT RELATING TO THE PURCHASE OF OFFICE FURNISHINGS FOR THE RENOVATION OF CITY HALL. vRESOLUTION OF THE CITY OF SAN EXECUTION OF THE SECOND AMENDMENT OF 1965 BETWEEN THE CITY OF SAN SANITATION DISTRICT. BERNARDINO AUTHORIZING THE TO JOINT POWERS AGREEMENT BERNARDINO AND LOMA LINDA A~~NQA /9 DECEMBER ~. 1988 ./' ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.54.030 OF THE SAN BERNARDINO MUNICIPAL CODE RELATIVE TO EXCEPTIONS FROM THE PROHIBITION AGAINST UNLAWFUL NOISES WITHIN THE CITY OF SAN BERNARDINO. ~RDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.80.010, 9.80.050 AND 9.80.060 OF THE SAN BERNARDINO MUNICIPAL CODE; REPEALING SECTIONS 9.80.020, 9.80.030 AND 9.80.040 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING SECTION 9.80.015 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROHIBIT THE CARRYING OF AN EXPOSED DANGEROUS WEAPON. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-21, GENERALLY LOCATED ON THE SOUTHSIDE OF 48TH STREET APPROXIMATELY 230 FEET WEST OF THE CENTERLINE OF LEROY STREET) AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-23, GENERALLY LOCATED ON THE NORTH SIDE OF THE PROPOSED EXTENSION OF PIEDMONT DRIVE APPROXIMATELY 285 FEET EAST OF THE CENTERLINE OF CACTUS CIRCLE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. CONTINUED ITEMS December 19, 1988 PUBLIC HEARING TO BE HEARD AT 10:00 A.M. ~eport on encroachments in street right-of-way being a hazard or hindrance -- Tract No. 11118, Meyers Road. (Ward 5) /Authorization to extend month to month rental of 181 S. "G" -j... street for a period of 90 days. + Request for financial support and ballfield maintenance for AYSO Park located at Pacific and Orange streets Roger Itaya, Reginal Commissioner - AYSO. NOTE: Resolution #88-470, approved 12/5/88, authorized execution of a first amendment to the JPA with San Bernardino City Unified School District relating to the use of certain real property at Del Vallejo Junior High School for park and playground facilities. As a result, the City will maintain Del Vallejo Field and the School District will provide ballfield maintenance for AYSO Park. Adoption of calendar for completion of General Plan Revision Program. \ AQ~NnA DECEMBER 19, 1988 STAFF REPORTS Luncheon workshop Noon to 1:30 p.m. -- RDA Board Room discussion of circulation and transportation as it relates to the General Plan. ~~eport from General Obligation Bond Blue Ribbon Committee. J I City Clerk v'Request for appeal hearing -- denial of business permit Orange Grove Motel 1686 Mt. Vernon Avenue -- Andrew Haynal -- Ward 6. t J. Community Development VSelection of Underwriter Services ~ Authority/San Bernardino Hospital Senior (Ward 6) for City/Housing Housing Complex. /VPUblic disclosure of conflict of interest ~ participants in rental rehabilitation program. relative to Must be heard in following order ~ certain improvements in the Verdemont Area. (Ward Authorization to Drainage District. proceed (Ward 5) Belmont and Chestnut Area Authorization to proceed -- Palm and Kendall ~ Signalization and Drainage District. (Ward 5) Drive Area Planninq Department vAppeal of Planning Commission approval of Conditional Use Permit No. 88-38 and waiver of filing fee -- Victory Outreach Church. (Ward 3) Request for Closed Session to discuss personnel matters. MOTION: That the Common Council recess to Closed Session to consider personnel matters pursuant to Government Code Section _z957. Request for Closed Session to (Management & Confidential) discuss labor relations MOTION: That the Common Council recess to Closed Session to meet with its Designated Representatives regarding labor relations matters pursuant to Government Code Section 54957.6 VPLEASE SEE ATTACHED LIST FOR CITY ATTORNEY'S CLOSED SESSION ITEMS. REC'O.-ADMIN. OFF. 1989 DEe -8 PM :1- 4 i ~;- AGENDA 12/19/88 From: City Attorney's Office 1) Request for Closed Session to discuss pending litigation. Motion: That the Common Council recess to Closed Session to confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation. 2) Request for Closed Session to discuss pending litigation. Motion: That the Common Council recess to Closed Session to confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(c), so that council may decide whether to initiate litigation. 3~ R~<:J.....e~t for C1009g ~9ooiOl.l Lv dl::ivw:,;::i 11'='.1. ~vllll""l lfta~tJ6Ji'O. Motion: Th~+ +ha C9~~OR Ce~R8il F6S9SS to Closes ~Q~~i9R to ~nn~;nAr pAr~nnnA' mwt~gr8 pUrOMQRt ~ _~/""\ua""'J;;}~9R"toJ Oode SeGLlvu ~4~5"'. 4) Request for Closed Session to discuss pending litigation. Motion: That the Common Council recess to Closed Session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: City of San Bernardino vs. California Construction Management, Inc., et al - San Bernardino Superior Court Case No. 238755; Saldecke, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 236836; Cable Lake Association vs. City of San Bernardino - San Bernardino Superior Court Case No. 239714 and Case No. 239649; City of San Bernardino vs. San Bernardino Baseball Club, lnc.- San Bernardino Superior Court Case No. 239193; AGENDA - 12/19/88 Page 2 stubblefield Construction Company, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 232998; Juan Manuel Sanchez vs. City of San Bernardino - United States District Court Case No. CV87-2291 AWT (Bx); Charles H. Brown vs. City of San Bernardino - San Bernardino Superior Court Case No. 243087; Sock Dawson, et al vs. City of San Bernardino, et al - United States District Court - Case No. SA 88-461 AHS (RWRx); Lines vs. City of San Bernardino - San Bernardino Superior Court Case No. 221289; Barron/Alcarez vs. City of San Bernardino - San Bernardino Superior Court Case No. 241692; Gideon U. Brown vs. San Bernardino Police Department - United States District Court (Central) Case No. 88-06331 HLH (JRx); Betty Ann Mulica vs. City of San Bernardino - San Bernardino Superior Court Case No. 243108; John V. Grinrod vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 241586 ,/ S-l ~S-2 S-3 S-4 ~5 ) /103 j:d ! J / (yti- ~ SUPPLEMENTAL AGENDA December 19, 1988 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR A POLICE COMMUNITY SERVICE OFFICE FOR AREA C. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FEDERAL, STATE, COUNTY, AND CITY PUBLIC ENTITIES TO FORM A CLANDESTINE LABORATORY TASK FORCE TO INVESTIGATE AND PROSECUTE CRIMINAL CASES INVOLVING ILLEGAL MANUFACTURING OF CONTROLLED SUBSTANCES. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO AGREEMENT WITH YVONNE EVERETT AND TAMARIO FUNN RELATING TO THE PURCHASE AND SALE OF CERTAIN REAL PROPERTY. Request from the Police Department to allocate $23,000 to the victim Support Services Program. See Item #3b on Regular Agenda for back-up Demolition of Miles House (Ward 1) 439 W. 8th Street.