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HomeMy WebLinkAbout07-05-1994 Reg Mtg ~ City Clerk (1) CALL TO ORDER AGENDA REGULAR MEETING II?;?/.' .;rI ;. MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ,./7:,'/ p/ /'i'1t!lp7 TUESDAY, JULY 5, 1994 - 8:00 A.M. 9''1-177 COUNCIL CHAMBERS j : C j if. -rl1 ROLL CALL PRESENT: nr1-o!uf.--;...'....... / . . I I {p (of/'J> > ) .1 ",- 7 11 II ~ -~ ~ j J ~I'i- . A:. . .. ~rVl"""-'l/Y~" c;J./ .-{." .. OZ""I/v ABSENT: CLOSED SESSION 1. Pursuant to Government Code Section 54957.6: (a) CONFERENCE WITH LABOR NEGOTIATOR: Aaencv Neaotiator: Shauna Clark, City Administrator Emplovee Oraanizations: San Bernardino Publ ic Employees' Association representing Mid-Management Employees (b) CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (Pursuant to Government Code Section 54956.9 (a): (1) ci tv of San Bernardino vs. Fireman's Fund - San Bernardino Superior Court Case No. 271849; (2) Leslie Bond vs. San Bernardino Develooment Commission, et al - San Superior Court Case No. 276373; Communi tv Bernardino (3) Judv Kav DeVries vs. Countv of San Bernardino - San Bernardino Superior Court Case No. 261909; (4) McNeal vs, CitV/Mall Court Case No. 09881. San Bernardino Superior (c) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION: (1) Initiation of litigation pursuant to Subdivision (c) of Section 54956.9: two potential cases. END OF CLOSED SESSION --":'..-,'\~JJ,'_ ~C. r.' -:;' I q, -111, 1 7/5/94 RECONVENE MEETING - 9:00 A.M. ROLL CALL PRESENT: fh+"t,,{/ . /, ;.::.. -'~; ",,/ /~ ,~., .-, I ~ cJ .4. ,!,.L,,-, ~. i ':,7. It... L~"/./.'rl . , ABSENT: . (1 -. '~<"'":-/t..b'\....!{--'--'J (' ,{A('~M"'-~-{-, / (i~.{.{ ^..(. ;(j INVOCATION: /T'.G .yO, f./L<!J ,,'\...(t<i. 7 i}--: / 1,.',,/< ".,,<.~.j0 PLEDGE: , , /. '-~ .~"-"\.t."",,',-./t( A/v"'~l.~-'-I''''') ,'),^ I"~ .""-'-<:,./ \..-'....~.-..(t._~,/,_ t' '-<--", /2. Appointments/Presentations: )3. Announcements by Mayor and Council. 4. PUBLIC COMMENTS ON ITEMS NOT ON AGENDA: A three-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 three 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.) CONSENT CALENDAR ...-----.... ~OTION) '~:-"-..........._;.:-....- '., ~ 7! ) '- That the motions items 5 through 13 -, ,-, indicated by consent calendar be adopted, except for _, ____I , and 5. Waive further reading of resolutions and ordinances. ~ ~OTION: ) (7/(., \, That further reading of the resolutions ordinances on the regular, supplemental Community Development Commission agendas, waived. and and be 2 7/5/94 6. Council Minutes. ~ MOTrON~ (i ]J Lp/ 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: ~~- --- May 16, 1994 (Delivered on 6/27/94) May 23, 1994 (Delivered on 6/27/94) June 1, 1994 (Delivered on 6/27/94) June 13, 1994 (Delivered on 6/27/94) June 15, 1994 (Delivered on 6/27/94) 7 . Facilities Manaqement Resolution of the City of San Bernardino Facilities Management Manager authority to with the California Energy Commission Partnership Program. (See Attached) authorizing the file application for the Energy ""-~--"'----"::,,> ~OTION,' That said resolution be adopted. ~" "-, : ,I iJ) 8. 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) ...------.--.. ~MOTION:) That said resolution be adopted. ',,--.-..-;- (, I \' /:~i Parks. Recreation & Communi tv Services 9. Resolution of the City of San Bernardino authorizing the Director of Parks, Recreation and Community Services Department to execute Amendment No. 4 to the agreement between the City and Casa Ramona, Inc. relating to the operation of a drop-in center located at 1524 West 7th Street, San Bernardino, California, to extend the term of the agreement for an additional one year period. (See Attached) (Cost to City -- $50.783 from the General Fund -- no increase since FY 1990-91.) Ward 1 '- ,MOTION:) That said resolution be adopted. , ,/ "- /f ,/ ( 1/ '., 3 7/5/94 10. Authorization to apply for and administer Federal Older American Act funds in the amount of $6,000 to provide Senior Companions for the East Valley Region of San Bernardino County for the period July 1, 1994 through June 30, 1995. (See Attached) (Cost to City -- $500 Grant Match - City Cash Match for Volunteer Travel Expenses.) ~,..--......" eMOTION: i~7 f.", ( /!;; ) That the Director of Parks, Recreation and Community Services Department be authorized to apply for and administer Federal Older American Act funds in the amount of $6,000 to provide Senior Companions for the East Valley Region of San Bernardino County for the period July 1, 1994 through June 30, 1995. 11. Ordinance of the City of San Bernardino amending Chapter 10.52 of the San Bernardino Municipal Code to establish speed zones on "E" Street/Kendall Drive between Thirtieth Street and Revere Avenue. (See Attached) FINAL READING ,.-"' ..--., ,.MOTION: I -if,. \ W ~ That said ordinance be adopted. 12. Claims and Payroll. (See Attached) ." NOTION:) "--.. . I' (7/1e: ) That the claims and payroll and authorization to issue warrants as listed on the memorandum dated June 20, 1994, from the Finance Director, be approved. 13. Personnel Actions. " MOTION~ "-. ..t::~... , 7/ i " /UJ (See Attached) That the personnel actions submitted by the Chief Examiner dated June 23, 1994, 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. END OF CONSENT CALENDAR 4 7/5/94 PUBLIC HEARING Public hearings scheduled for a certain time 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. 14. Public hearing -- Rental Housing Inspection Program -- select funding mechanism. (See Attached) Ordinance of the City of San Bernardino adding Section 5.04.527 to the Municipal Code to establish a residential rental surcharge in the business registration fee. open the hearing . . . That Alternate No. be selected in order to lement the Rental Housing Inspection Program. and MOTION: That the hearing be closed; and that said ordinance #2 be laid over for final adoption. ,7) /~. , ~ f (I' ,oAt... H"lJs,Y)~ Insfec-r,on lro';/rtl/>1" leI) 1 rove.. COt'H'--ftfJ' --") ~ "el\J. - __, a - --' ~,~ (/ _ ,~: n'~vr neleHAnl'1 of'.on.sf(€s.enl(~ hotVe~e.,.., ,o.:ecl c. ''1 AJm;~,'<rr",Tc,G., " !>TA.r-t TO C""I,nu€- uvOV-I<,r),,!J Throv~11 _,I \>161.1' ,,)( COVl1'iV1IITttl ?\nJ ~\J)E.-. R.bbon Cm'VlJY1,rTee. To be..3.lfDJ(//(U b'11.h-he. m~.,/otZ... flnJ \?r"1jj, b"cl::: SfCL',f'L IProp~,d..) (<.J T1.e. ' PubliclWorks/EnQ1t1eer1nq CcuIVL' L,' q"J fur'thl'-rJThL..A The me.nbCR7 ,,{- J -me. lio",r1j COJ'Vlm,'rTee f, ~ TO BE HEARD AT 10:00 A.M.- CONTINUED FROM JUNE 27. 1994 ~ddej 15. Public hearing Confirming Annual 1994-95 Assessment Roll II for Assessment District No. 991 -- Landscaping Maintenance, C Verdemont and Olive area. (Backup material was distributed on ;DIe. June 27, 1994, Item No.9) (Assessment Roll is available in 145K the City Clerk's Office) Ward 5 fOf<ce. Resolution of the City of San Bernardino confirming the 1994- C6/ue 95 Assessment Roll for Assessment District No. 991, .e. bb~ 1(1 Landscaping Maintenance, Verdemont and Olive area. (' {)(l>tY1 J Mayor to open the hearing . . MOTION: lyJJ f ~v ?J ~ That the protests, if any, on the increase of assessments on Assessment District No. 991, be overruled, and the hearing be closed; and that said resolution be ado~.ted: 'i'-' /Y"-'~"''--0&'-,.,A , ,t;t-.A..--1--<'A~A/'L..-I2A{... ._~_ ~-'--::p..A'L--I..--a/U'-'~ /~--<-----..,\.--..c.~~, l.:..c--..'-V\.../,-.-....-....~, 5 7/5/94 TO BE HEARD AT 10:00 A.M. 16. Public meeting -- resolutions confirming the Annual 1994/95 Assessment Rolls -- expansion of facilities and maintenance and security for the Central City Parking District. (See Attached) (Cost to City -- $204,359.36 from Central City Parking District/Assessment District No. 947 -- to be recouped through assessments.) (Assessment Roll is available in the City Clerk's Office) Ward 1 Resolution of the City of San Bernardino confirming the 1994- 95 Assessment Roll, expansion of facilities for the Central City Parking District. Resolution of the City of San Bernardino confirming the 1994- 95 Assessment Roll, Central City Parking District for operation, maintenance and security. MaYo:1;:.to open the public meeting . . ,', ~ ! That the public meeting relative to increased assessments for the Central City Downtown Parking District assessment and for the expansion of facilities assessment be closed, and that the protests, if any, be carried over to the public hearing scheduled for August 1, 1994. !, MOTiON:} STAFF REPORTS """.-,.-, / \ ~. 17. ' '-.--.-. Public Works/Enqineerinq Resolution of the City of San Bernardino authorizing the execution of an agreement with California Department of Fish and Game regarding proposed stream or lake alteration relative to widening the Kendall Drive and Cajon Boulevard bridges over I~il Canyon Channel. (See Attached) Ward 5 \,~~~~ That said resolution be adopted. /"fl) 6 7/5/94 """. ."" !'\ ....:,,)""-~. -\' i ,,~ -, .. ~ ,2; ~j ~ \" ~ "'. '\ ~, """ .."" .::: "'.." -....... ~ ';.! ,'", ~ C\ \ " .~ '..-, ,~ --....'i.:; j 18. Resolution of the City of San Bernardino amending Resolution No. 93-153, entitled in part: "Resolution of the City of San Bernardino ordering the vacation of 7th Street between "0" Street and "E" Street in the City of San Bernardino. .." Ward 1 ~ ~MOTION:! That said resolution be adopted. -~...--: / I ( 1--f, I " Finance 19. A resolution of the City of San Bernardino, establishing, the appropriation limit for the Fiscal Year 1994/95 for the City of San Bernardino in accordance with the provisions of Division 9 of Title 1 of the California Code, and repealing Resolution No. 94-58. (See Attached) ( \MOTION:/ '" -- --, (-)" \~,~ That said resolution be adopted. 20. Authorization to call bonds and reduce debt obligations of the residents located in the Industrial Parkway Improvement District -- Assessment District No. 985. (See Attached) Ward 5 .\ ~O'l':ON! That the bond improvement fund surplus be used to call bonds and reduce the debt obligations of the residents in Assessment District No. 985. , / Ip /. .-:..----' 21. Parks. Recreation & Communi tv Services Request for waiver of fees in the amount of $911.50 for use of Sturges Auditorium by the Inland Cities Harmony Express Chorus. (See Attached) Ward 1 ""-~ I ~' . MOTION:) '..#1 That the request to waive fees for rental of the Sturges Auditorium by the Inland Cities Harmony Express Chorus in the amount of $911.50, be denied. '-.::-~, ( !-//-J.J '. 1/ 1/ or (See next page for additional motion) 7 7/5/94 21. Continued. MOTION: #2 That the request to waive fees for rental of the Sturges Auditorium by the Inland Cities Harmony Express Chorus in the amount of $911.50, be approved. Police 22. Resolution of the City of San Bernardino approving the destruction of certain police records, documents and papers, pursuant to Sections 34090, 34090.5 and 34090.6 of the Government Code of the State of California. (See Attached) -~. [MOTION: That said resolution be adopted. "'- 7 i-f.l -, i I Public Services 23. 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. (Weed Abatement) (See Attached) [MOTION: "----. That said resolution be adopted. -r I-( if , Water Department 24. A resolution of the Mayor and Common Council of the City of San Bernardino, successor to the South San Bernardino County Water District, assessing properties within the previous district boundaries in the amount of $16,625.00 for the Fiscal Jear ;L9?4/95. (See Attached) Ward 1 f . I\MOTION: / That said resolution be adopted. -."'f -\ I ') I , . 8 7/5/94 CONTINUED ITEMS CONTINUED FROM JUNE 20. 1994 25. Referral by Personnel Committee to full Council to review the implementation plan for the audit of the City Attorney's Office. (Backup material was originally distributed on April 4. 1994, Item No. 30, new implementation schedule attached.) MOTIOR-: (; J~') ...../ That the document submitted by be Eile1.ec'e:ed-as.the'-im!>lement"tj,on plan for the City Attorney's. audit. . . ~I;;yu.cb .Tb- ,! /'/'I.y' CONTINUED FROM JUNE 6. 1994 26. Discuss and take possible action regarding Council Chambers security -- Council Member Curlin. (Backup material was originally distributed on June 6, 1994, Item No. 6-4.) MOTION: That the Mayor and Council discuss and take possible action regarding Council Chambers LI i c: \ se;(urity. ~ / . / . '_..J (, t-fl/C ,~ AJiZ- I '. v 1 J.-/ . J 9 7/5/94 "'~ ~ '" ~ ?"~ '~ ,,1 ~ ~l ~' ,) -\ ''"''~ ,;\, -... -,',,- , "'4 ~:. ":,~,,. .::;:~- 'S" MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TUESDAY, .J.. RECONVENE MEETING PLANNING MATTERS JULY 5, 1994 - 2:00 I"J ) -rn ' u rr' P.M. ROLL CALL 27. v PRESENT: /ht{'Jo'~ I :?; ).../, 5, &, 7 / 1- C IT -<-1,;;t..v\J ~'(j'.:) f-) ABSENT: CONTINUED FROM JUNE 6. 1994 Public hearing General Plan Amendment No. 93-06 and Conditional Use Permit No. 93-27 -- residential care facility for the treatment of drug and alcohol addicts -- 596 W. 6th Street. (Backup material was orginally distributed on June 6. 1994, Item No. 25.) Applicant: Marianne Barklage Owner: Marianne Barklage Location: Ward 1. The property is located at 596 W. 6th Street, (northeast corner of 6th and "F" Streets). The property is a 10,442 square foot rectangular-shaped parcel of land, developed with a 13,381 square foot, two story apartment structure. Plannina Commission Recommendation: That the Mayor and Common Council deny General Plan Amendment No. 93-06 and Conditional Use Permit No. 93-27. VOTE: AYES: 6 NAYS: 0 ABSTENTION: 1 Staff Recommendation: That the Mayor and Common Council deny General Plan Amendment No. 93-06 and Conditional Use Permit No. 93-27 based on the findings of facts contained in Attachment 3. Mayor to open the hearing . . MOTION: That the hearing be closed; and that the Mayor and Common Council deny General Plan Amendment No. 93- 06 and Conditional Use Permit No. 93-27, based on the findings of facts. 10 7/5/94 28. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next regular meeting is scheduled for 8:00 a.m., Monday, July 18, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 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 subj ect 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 three 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 three minutes with any other member of the public. The Mayor and Common Council 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. 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. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. 11 7/5/94 city Clerk (1) SUPPLEMENTAL AGENDA JULY 5, 1994 S-1 Resolution of the City of San Bernardino authorizing the execution of an agreement and the 15 point amendment to Food Service Agreement Summer Food Service Program, attached as Attachment 2 of the agreement, with the San Bernardino Unified School District relating to the delivery of Type A Lunches and snacJ<;€...to City's summer lunch sites. (See Attached) (MOTION:; That said resolution be adopted. I 1.1' c::: .) S-2 Resolution of the City of San Bernardino requesting the transfer of Measure I funds from Segment 11 of State Route 30 to 1-21'\ -- Council Member Hernandez (See Attached) ) I MOTION: That said resolution be adopted. II, i \j;' S-3 Request to discuss augmentation of code compliance officers __ Council Member Curlin. (See Attached) MOTION: #1 That the Mayor and Common Council discuss and take action to augment the Code Compliance Division. and/or -. MOTION: #2 That augmentation of the Code comp~iapce Division be referred to the Ways and Means Committee. / -J-.\ -' ( -f (YO'I/ A..--yI,,,,ct> t - "Ai ! /Y 1 7/5/94 S-4 Reconsideration of Council action deleting two Investigator positions from City Attorney's budget, reinstatement of positions and adjustment in budget amount. (See Attached) (Cost to General Fund to reinstate two Investigators $128,800.) MOTION: #1 ,J'hat the Mayor and Common Council approve reconsideration of Council action deleting two Inv~stigator positions from City Attorney's budget; and MOTION: #2 That the Mayor and Common Council reinstatement of two Investigator positions Attorney's FY 1994-95 budget; approve to City and MOTION: #3 That the Mayor and Common Council approve salary and benefit increases to City Attorney's FY 1994-95 budget for two City Attorney Investigators. 2 7/5/94 ADDENDUM TO THE SUPPLEMENTAL AGENDA JULY 5, 1994 AS-1 Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement for legal services between the City of San Bernardino and the law firm of Fullerton, Lemann, Schaefer & Dominick. (See Attached) MOTION: I Yj5 That said resolution be adopted. 1 7/5/94 RACHEL CLARK City Clerk 2nd Floor AGENDA MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO "July 5, 1994 - 11 :00 a.m." (Regular Meeting) Council Chambers, City Hall CALL TO ORDER: ,':"<. -."'1 I -..J -'- 'I ). "'.'"1'1. ROLL CALL: PRESENT: ",'\.-1 I '-'~ 'r'~. I I .:~ ') " ~ ,1 , ,X . ;J./~/,~.<av! ABSENT: (PUBLIC COMMENTS ON ITEMS NOT ON AGENDA) CONSENT CALENDAR . '!. ! "!..f That the motions indicated by Consent Calendar Rems numbered "1" through "6 "be adopted, except for Rems numbered: MOTION: f -) , ::i J.... ',,::J AGENCY ADMINISTRATION 1. REDEVELOPMENT WORKSHOP (Community Development Commissionl , ~j) l i " .;." That the Community Psvt)\cpmeni, Comrr.i,,'ion hold a Redevelopment WOrkshop on Thmsejay, July 14, 1994. 9:0J a,m. .12:00 p.m., at the Economic Development Agency, 201 North lil!:I' Street, 3i{' noor, Sa!,. Bernardino. MOTION: REGULAR MEETING KJH:lmp:cdc-1r1 1 COMMISSION AGENDA Dale: July 5, 1994 2. BUDGET WORKSHOP /Communitv DeveloDment Commissionl MOTION: , That the Community Development Commission establish Wednesday. July 20, 1994, at 9:00 a.m., in the Economic Development Agency Board Room, as the date, time and place certain for the FY 94/95 budget workshop. ')\ \ / - DEVELOPMENT DEPARTMENT 3. NORTHWEST PROJECT AREA COMMmEE /Communitv DeveloDment Commission I /RedeveloDment Committee Recommendationl MOTION: That the Community Development Commission receive and file the attached report regarding the Northwest Project Area Committee. ?;/. . ~ AGENCY ADMINISTRATION 4. EXTENSION OF 9/80 ADJUSTED SYNCHRONIZED WORK WEEK SCHEDULE /Communitv DeveloDment Commissionl MOTION: } .J. j That the Community Development Commission extend the current Agency Synchronized 9/80 Work Week Schedule and holidays in a manner identical to that previously and last approved by the Mayor and Common Council for the City on June 20,1994. , . , I ---------------------------------------------------------------- REGULAR MEETING KJH:Imp:cdc-lrl 2 COMMISSION AGENDA Date: July 5, 1994 PUBLIC WORKS 5. ADVERTISE FOR BIDS - RE-ROOFING AND REPLACING AIR CONDITIONING UNITS FOR BOYS & GIRLS CLUB MOTION: , ; ,-J.- j - (Mavor and Common Councill That the plans for re-roofing and replacing the air-conditioning units at the Boys and Girls Club, in accordance with Plan No. 9109, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. DEVELOPMENT DEPARTMENT 6. YEOMAN AND ASSOCIATES. INC. MOTION: 'J. , ;! /Communitv Develooment Commission I /Housina Committee Recommendationl That the Community Development Commission approve an Owner Participation Agreement (OPA) between the Agency and Yeoman and Associates, authorize utilization of $250,000 in low to moderate income housing funds in conjunction with the d!lVelopment of thirty-six (36) high quality homes and direct the Chairman and Ex(1Cutive Director to execute any documents necessary to effectuate this transaction. 1 I'~ ( /_" (.1..--<._ C,(~,_ti~ ,I . '--; ~ IV fJ 1 ), :-1 . '^ ...,1 _.' END OF CONSENT CALENDAR AGENCY ADMINISTRATION 7. CMC LIGHT OPERA MOTION A: .~ -j .<1 ;~, i.:..~ /Communitv Develooment Commission) /Redevelooment Committee Recommendationl That the Community Development Commission approve a Property AcqUisition Agreement for the purchase of the California Theater by the Redevelopment Agency. (~(f",) 71; /, i ---------------------------------------------------------------- REGULAR MEETING KJH2np:cdc-1r1 3 COMMISSION AGENDA Date: July 5, 1994 INo recommendation Submitted bv RedeveloDment Committeel MOTION B: "- Th~t the Community Development Commission approve a contract with The Robert Stein Group for interim operaijonal management of the California Theater for the following compensaijon: 1. One-lime fee of $19,000; 2. Monthly fee of $500 ($6,000 yearly) 3. Ten percent (10%) of any rental or outside income revenues from theater operalions; and further, that the Economic Development Agency budget be Increased accordingly. IRedeveloDment Committee Recommendationl MOTION C: That the Community Development Commission approve a contract with R.F. McCann & Company for $24,000, to perfonm survey, report and planning services for the rehabilitaijon of the California Theater; and further that the Economic Development Agency Budget be increased accordingly. I. EDA DIRECTOR'S HIRING AUTHORITY .--- (Community Development Commission) /,,:<.7' (MOTION: "<> That the Community Development Commission reaffirm the EDA Hiring Authority Policy in effect from 1952 to the present. ---------------------------------------------------------------- REGULAR MEETING KJH:mp:cdc-1r1 4 COMMISSION AGENDA Dale: July 5, 1994 9. ADJOURNMENT MOTION: REGULAR MEETING KJIl2np:cdc-1r1 That the meeting of the Mayor and Common Council/Community Development Commission be adjourned to Thursday, July 14, 1994, at 9:00 a.m., In the Economic Development Agency Board Room, 201 Nortl1 "E" Street, Third Floor, San Bernardino, California. 6 COMMISSION AGENDA Date: July 5, 1994 .- _;1L-VL.... CLOSED SESSION RE.CE"\/I"" r"r ,. .' r. '. I""\LFkf' 1. Pursuant to Government Code section 54957.6: '94 JUN 28 A 8 :25 (a) CONFERENCE WITH LABOR NEGOTIATOR: Shauna Clark, City Administrator Employee Oroanizations: San Bernardino Public Employees' Association representing Mid-Management Employees 2. -.:ONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (pursuant to Government Code ~ 54956.9(a)) (a) City of San Bernardino vs. Fireman's Fund - San Bernardino Superior Court Case No. 271849 (b) Leslie Bond vs. San Bernardino Community Development Commission et al. San Bernardino Superior Court Case No. 276373 (c) Judy Kay Bernardino Court Case DeVries vs. County San Bernardino No. 261909 of San Superior 3. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION (a) Ini tiation of litigation pursuant to subdivision (c) of 5 54956.9 (Two (2) potential cases) SUPPLEMENTAL AGENDA (CLOSED SESSION) JULY 5, 1994 From: City Attorney's Office ADDITIONAL CASE 1. CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (pursuant to Government Code ~ 54956.9(a)) 1. McNeal vs. City/Mall Court Case No. 09881 San Bernardino Superior AGENDA RECEIVFf':-:'ifl ('IF" JULY 5, 1994 J .. /PLEASE SEE ATTACHED LIST FROM CITY ATTO~,~UN~I8il :~R CLOSED SESSION ITEMS. ANNOUNCEMENTS BY MAYOR AND COUNCIL APPOINTMENTS/PRESENTATIONS CONSENT CALENDAR Motion: That the motions indicated by Consent Calendar Items through be adopted, except for , and FACILITIES MANAGEMENT j vRESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE FACILITIES MANAGEMENT MANAGER AUTHORITY TO FILE APPLICATION WITH THE CALIFORNIA ENERGY COMMISSION FOR THE ENERGY PARTNERSHIP PROGRAM. ~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. PARKS. RECREATION. COMMUNITY SERVICES 'v'RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AMENDMENT NO. 4 TO THE AGREEMENT BETWEEN THE CITY AND CASA RAMONA, INC. RELATING TO THE OPERATION OF A DROP-IN CENTER LOCATED AT 1524 W. 7TH STREET, SAN BERNARDINO, CALIFORNIA, TO EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL ONE YEAR PERIOD. (WARD 1) Cost to City -- $50,783 (no increase since FY 1990-91). jvAuthorization to apply for and administer Federal Older American Act funds in the amount of $6,000 to provide Senior Companions for the East Valley Region of San Bernardino County for the period July 1, 1994 through June 30, 1995. Cost to City -- $500 (grant match - city cash match for volunteer travel expenses). JC1aims and Payroll -vPersonnel Actions RECEIVF"'! Cl E':;' AGENDA STAFF REPORTS '94 J1Jl 28 A 8 :25 JULY 5, 1994 PUBLIC WORKS Public Meeting - 10:00 a.m. (RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994-95 ASSESSMENT ROLL, EXPANSION OF FACILITIES FOR THE CENTRAL CITY PARKING DISTRICT. (WARD 1) Cost to City -- $204,359.36 (Central City parking District/AD 947 - to be recouped through assessments.) v RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994-95 ASSESSMENT ROLL, CENTRAL CITY PARKING DISTRICT FOR OPERATION, MAINTENANCE AND SECURITY. (WARD 1) Motion: That the public meeting relative to increased assessments for the Central City Downtown Parking District assessment and for the expansion of facilities assessment be closed, and that the protests, if any, be carried over to the public hearing scheduled for August 1, 1994. /~RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CALIFORNIA DEPARTMENT OF FISH AND GAME REGARDING PROPOSED STREAM OR LAKE ALTERATION RELATIVE TO WIDENING THE KENDALL DRIVE AND CAJON BOULEVARD BRIDGES OVER THE DEVIL CANYON CHANNEL. (WARD 5) /v:: RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 93-153, ENTITLED IN PART: "RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF 7TH STREET BETWEEN "D" STREET AND "E" STREET IN THE CITY OF SAN BERNARDINO..." (WARD 1) FINANCE "--A RESOLUTION OF THE CITY OF SAN BERNARDINO, ESTABLISHING THE APPROPRIATION LIMIT FOR THE FISCAL YEAR 1994/95 FOR THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA CODE, AND REPEALING RESOLUTION NO. 94-58. '/~uthorization to call bonds and reduce debt obligations of the residents located in the Industrial Parkway Improvement District -- Assessment District #985. (WARD 5) PARKS. RECREATION. COMMUNITY SERVICES RECEIVFO-"il/ r~IE;::1 ItRequest for waiver of fees in the ,am,ount of $9'!I&' ~ 9Rr n~~'1l:; of Sturges auditorium by the Inland Cltles HarmonYExpre~~ ~Mar6s. (Ward 1) POLICE I/RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN POLICE RECORDS, DOCUMENTS AND PAPERS, PURSUANT TO SECTIONS 34090, 34090.5 AND 34090.6 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. PUBLIC SERVICES j ~ESOLUTION 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. ;/WATER DEPARTMENT A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, SUCCESSOR TO THE SOUTH SAN BERNARDINO COUNTY WATER DISTRICT, ASSESSING PROPERTIES WITHIN THE PREVIOUS DISTRICT BOUNDARIES IN THE AMOUNT OF $16,625.00 FOR THE FISCAL YEAR 1994/95. (WARD 1) AGENDA REGULAR MEETING MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TUESDAY, JULY 5, 1994 - 8:00 A.M. COUNCIL CHAMBERS CALL TO ORDER ROLL CALL PRESENT: ABSENT: CLOSED SESSION 1. Pursuant to Government Code Section 54957.6: (a) CONFERENCE WITH LABOR NEGOTIATOR: ; ," j: i ~ /l,-,. tlO;1hi'Aimna Clark, City Administrator , '/' Emplovee Oroanizations: San Bernardino Public Employees' Association representing Mid-Management Employees (b) CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (Pursuant to Government Code Section 54956.9 (a): (1) City of San Bernardino vs. Fireman's Fund - San Bernardino Superior Court Case No. 271849; (2 ) Leslie Bond vs. San Bernardino Community Development commission{et al San Bernardino Superior Court Case No. ,.':276373; ---.- (3) Judy Kay DeVries vs. County of San Bernardino - San Bernardino Superior Court Case No. 261909. (c) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION: (1) Initiation of litigation pursuant to Subdivision (c) of Section 54956.9: two potential cases. [:I/i) cJi {4L?,';t b' .Z;; />,'V /' ' " i 1 7/5/94 RECONVENE MEETING - 9:00 A.M. ROLL CALL PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments/Presentations: 3. Announcements by Mayor and Council. 4. PUBLIC COMMENTS ON ITEMS NOT ON AGENDA: A three-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 three 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.) CONSENT CALENDAR MOTION: That the motions items 5 through 13 -, ,-, indicated by consent calendar be adopted, except for _, ____, , and 5. Waive further reading of resolutions and ordinances. MOTION: That further reading of the resolutions ordinances on the regular, supplemental Community Development Commission agendas, waived. and and be 2 7/5/94 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: May 16, 1994 (Delivered on 6/27/94) May 23, 1994 (Delivered on 6/27/94) June 1, 1994 (Delivered on 6/27/94) June 13, 1994 (Delivered on 6/27/94) June 15, 1994 (Delivered on 6/27/94) 7 . Facilities Manaqement Resolution of the City of San Bernardino Facilities Management Manager authority to with the California Energy Commission Partnership Program. (See Attached) authorizing the file application for the Energy MOTION: That said resolution be adopted. 8. 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 (fbandoned yehicles) on said properties. (See Attached) -- MOTION: That said resolution be adopted. 9. Parks. Recreation & Communi tv Services Resolution of the City of San Bernardino authorizing the Director of Parks, Recreation and Community Services Department to execute Amendment NO.4 to the agreement between the City and Casa Ramona, Inc. relating to the operation of a 9rop-in genter located at 1524 West 7th Street, San Bernardin6, California, to extend the term of the agreement for an additional one year period. (See Attached) (Cost to City -- $5o,7831~ incre~se since FY 1999-91.) Ward 1 -lurn IN. >1:"1 I 'I ~UII,/ - . y:~ "" MOTION: That said resolution be adopted. ;tllJ /vJ.fll ~ L.~f/ -- 3 7/5/94 10. Authorization to apply for and administer Federal Older American Act funds in the amount of $6,000 to provide Senior Companions for the East Valley Region of San Bernardino County for the period July 1, 1994 through June 30, 1995. (See Attached) (Cost to City -- $500 Grant Match - City Cash Match for Volunteer Travel Expenses.) MOTION: That the Director of Parks, Recreation and Community Services Department be authorized to apply for and administer Federal Older American Act Funds in the amount of $6,000 to provide Senior Companions for the East Valley Region of San Bernardino County for the period July 1, 1994 through June 30, 1995. 11. Ordinance of the City of San Bernardino amending Chapter 10.52 of the San Bernardino Municipal Code to establish speed zones on "E" Street/Kendall Drive between Thirtieth Street and Revere Avenue. (See Attached) FINAL READING MOTION: That said ordinance be adopted. 12. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and authorization to issue warrants as listed on the memorandum dated June 20, 1994, from the Finance Director, be approved. 13. Personnel Actions. MOTION: (See Attached) That the personnel actions submitted by the Chief Examiner dated June 23, 1994, 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. END OF CONSENT CALENDAR 4 7/5/94 PUBLIC HEARING Public hearings scheduled for a certain time will not be heard prior to the time scheduled; however, they may be held any time thereafter and/or continued to a subsequent meeting. 14. TO BE HEARD AT 10:00 A.M. Public hearing -- Rental Housing Inspection funding mechanism. (See Attached??) Program -- select " Ordinance of the MOTION: That the hearing be closed; and that ':,iij /'-, ' 1/ ,'i 1 Public Works/Enqineerinq TO BE HEARD AT 10:00 A.M.- CONTINUED FROM JUNE 27. 1994 15. Public hearing -- Confirming Annual 1994-95 Assessment Roll. . for Assessment District No. 991 - - landscapingmaintenancEf/) /".- Verdemont and Olive area. (Backup material was dis~ributed ort-- June 27, 1994, Item No.9) Ward 5 Resolution of the City of San Bernardino confirming the 1994- 95 Assessment Roll for Assessment District No. 991, Landscaping Maintenance, Verdemont and Olive area. Mayor to open the hearing . MOTION: That the resolution hearing be closed; and be adopted. . )1/".' J/J t)t J~} {'/!ili'/ cr .Y/)U.' f/,/' /,:.'~~~~ J' 6/) );..; that said , . 7^,1 /f!;-I/t" f''/~ jJ.D rT/ be" /,/[I/;//(,] . j I,t..<r.'/i-.':" t."-,!} }.)I _~ .''I'tl <..-' I:.r;.<'" ":::/))//I}/ '1'< .'.' ." <' J; ", ,. C'~ , J~. -'" , , '/'Jj/ --- , !.iY" ./l,"j/' ./ , , "~'... ./ . 16. TO BE HEARD AT 10:00 A.M. ~'!rt',.() Public meeting -- resolutions confirming e Annual 1994195 Assessment Rolls -- expansion of facilit'es and maintenance and security for the Central City Park ng District. (See Attached) (Cost to City -- $204,359.36 Central City Parking District/Assessment District No. 947 -- to be recouped through assessments.) Ward 1 . ~ 5 l-/-'lnJ. [1"1'/',' 7/5/94 /;~" . . .( .1 '/I)Oln;.~ Resolution of the City of San Bernardino confirming the 1994- 95 Assessment Roll, expansion of facilities for the Central City Parking District. Resolution of the City of San Bernardino confirming the 1994- 95 Assessment Roll, Central City Parking District for operation, maintenance and security. Mayor to open the public meeting . MOTION: That the public meeting relative to increased assessments for the Central City Downtown Parking District Xssessment and for the expansion of facilities assessmen~ be closed, and that the protests, if any, be carried over to the public hearing scheduled for August 1, 1994. -_.- ~.. 'Rtb),C M;h/l.N!twu".? ~7/l/"/ ,i<!t:..PZ,c'7S 17. Resolution of the City of San Bernardino authorizing the execution of an agreement with California Department of Fish I and Game regarding proposed stream or lake alteration relative to widening the Kendall Drive and Cajon Boulevard bridges over i the Devil Canyon Channel. (See Attached) Ward 5 , ,.\ , \. I .' i I , ii , \. ~ \ -I. I 18. '. j MOTION: That said resolution be adopted. Resolution of the City of San Bernardino amending Resolution No. 93-153, entitled in part: "Resolution of the City of San Bernardino ordering the vacation of 7th Street between "D" Street and "E" Street in the City of San Bernardino..." It~~ d / MOTION: That said resolution be adopted. 6 7/5/94 f; ,~ '~.''''I'oi- , E' :.' 'I ~', j "'(L,, , ,t Finance 20, A resolution of the City of San Bernardino, establishing, the appropriation limit for the Fiscal Year 1994/95 for the City of San Bernardino in accordance with the provisions of Division 9 of Title 1 of the California Code, and repealing Resolution No. 94-58. (See Attached) MOTION: That said resolution be adopted. 21. Authorization to call bonds and reduce debt obligations of the residents located in the Industrial Parkway Improvement District -- Assessment District No. 985. (See Attached) Ward 5 , LU~O" MOTION: That the bond improvement fund surplus be 'BUed to call bonds and reduce the debt obligations of the residents in Assessment District No. 985. Parks. Recreation & Communitv Services ~ 22. Request for waiver of fees in the amount ofJ911.50 for use of Sturges Auditorium by the Inland Cities Harmony Express Chorus. (See Attached) Ward 1 ,/ MOTION: .:tI1 That the request to waive fees for rental of the Sturges Auditorium by the Inland Cities Harmony Express Chorus in the amount of $911.50, be denied. or MOTION: #2 That the request to Sturges Auditorium Express Chorus in approved. waive fees for rental of the by the Inland Cities Harmony the amount of $911.50, be 7 7/5/94 er ,} I f) 'ur or . . '- "/I'I .. :;;T1J1'l' f<t;;r'liF/' . <....,.. /.A' c. l..l 23. Police Resolution of the City of San Bernardino approving the destruction of certaintolice records, documents and papers, pursuant to Sections 34090, 34090.5 and 34090.6 of the Government Code of the State of California. (See Attached) - MOTION: That said resolution be adopted. 24. Public Services Resolution of the City of San abatement of public nuisance real property located with' the costs of the abatemen . ~~ ":;\ . , /) ernardino confirming costs of and imposing liens on certain the City of San Bernardino for (See Attached) MOTION: That said resolution be adopted. 'r ,..~. ,/, ."i:' "J ~/ c / ly70f . I I" ~4 ,e. Water Department 25. A resolution of the Mayor and Common Council of the City of San Bernardino, successor to the South San Bernardino County Water District, assessing properties within the previous district boundaries in the amount of $16,625.00 for the Fiscal Year 1994/95. (See Attached) Ward 1 MOTION: That said resolution be adopted. CONTINUED ITEMS C~:omEffI:R0M-Jl.1NE'20J J.9.91( I. l i ,['II ~. .' ) - 8 7/5/94 26. CONTINUED FROM JUNE 20. 1994 Referral by Personnel Committee to full Council to review the implementation plan for the audit of the City Attorney's Office. (Backup material was origina~ABistributed on April 4, 1994, Item No. 3D, new implementatio;r~chedu1e attached.) ~ MOTION: That the document submitted by be selected as the implementation plan for the City Attorney's audit. CONTINUED FROM JUNE 6. 1994 27. Discuss and take possible action regarding Council Chambers ~. security Council Member Curlin. (Backup material was '''1/' Q . distributed on June 6, 1994, Item No. 8-4.) , MOTION: That the possible security. Mayor action and Council regarding discuss Council and take Chambers 9 7/5/94 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RECONVENE MEETING PLANNING MATTERS TUESDAY, JULY 5, 1994 - 2:00 P.M. ROLL CALL PRESENT: ABSENT: CONTINUED FROM JUNE 6. 1994 28. Public hearing General Plan Amendment No. 93-06 and Conditional Use Permit No. 93-27 -- residential care facility for the Jreatment of drug and alcohol addicts - - 596 W. 6th ..-/' Street. (Backup material was; distributed on June 6, 1994, Item No. 25.) t/t,);7/''j Applicant: Marianne Barklage Owner: Marianne Barklage Location: Ward 1. The property is located at 596 W. 6th Street, (northeast corner of 6th and "F" Streets). The property is a 10,442 square foot rectangular-shaped parcel of land, developed with a 13,381 square foot, two story apartment structure. Plannino Commission Recommendation: That the Mayor and Common Council deny General Plan Amendment No. 93-06 and Conditional Use Permit No. 93-27. VOTE: AYES: 6 NAYJS: 0 ABSTENTION: 1 ~' Staff Recommendation: That General plan Amendment No. No. 93-27 based on the Attachment 3. the Mayor and Common Council deny 93-06 and Conditional Use Permit findings of facts contained in Mayor to open the hearing . MOTION: That the hearing be closed; and that the Mayor and Common Council deny General Plan Amendment No. 93- 06 and Conditional Use Permit No. 93-27, based on the findings of facts. 10 7/5/94 29. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next regular meeting is scheduled for 8:00 a.m., Monday, July 18, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 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 three 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 three minutes with any other member of the public. The Mayor and Common Council 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. 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. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. 11 7/5/94 AGENDA SUPPLEMENTAL JULY 5, 1994 S-l RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 15 POINT AMENDMENT TO FOOD SERVICE AGREEMENT SUMMER FOOD SERVICE PROGRAM, ATTACHED, AS ATTACHMENT 2 OF THE AGREEMENT, WITH THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND SNACKS TO CITY'S SUMMER LUNCH SITES. S-2 RESOLUTION OF THE CITY OF SAN BERNARDINO REQUESTING THE TRANSFER OF MEASURE I FUNDS FROM SEGMENT 11 OF STATE ROUTE 30 TO 1-215. -- Councilman Hernandez S-3 Request to discuss augmentation of code compliance officers Councilman F. J. Curlin, M.D. S-4 Reconsideration of Council action deleting two investigators from City Attorney's budget, reinstatement of positions and adjustment in budget amount. Cost to General Fund to reinstate 2 investigators __ $128,800 "'A-S 1 AGENDA ADDENDUM TO THE SUPPLEMENTAL JULY 5, 1994 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF FULLERTON, LEMANN, SCHAEFER & DOMINICK.