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Home My WebLink About09-21-1992 Reg Mtg AGENDA REGULAR MEETING 377 7 MAYOR AND COMMON COUNCIL CITY OF SAN BERNARDINO MONDAY, SEPTEMBER 21, 1992 - 8:30 A.M. COUNCIL CHAMBERS j CALL TO ORDER ROLL CALL PRESENT: ABSENT: CLOSED SESSIONS 1. The Mayor and Common Council and Community Development Commission will recess to closed session for the following: a. based on existing facts and circumstances, set out below, the City Council is meeting only to decide whether a closed session is authorized pursuant to California Government Code Section 54956 . 9(b) ( 2) ; b. to give instruction to the City' s/Commission ' s negotiator on the purchase of property pursuant to Government Code Section 54956 . 8 . The real property which the negotiations concern is generally located at: 7 C . to consider personnel matters pursuant to Government Code Section 54957; d. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957 . 6 ; e. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public ' s right of access to public services or public facilities pursuant to Government Code Section 54957; 1 9/21/92 f. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956 . 9 (b) ( 1) , as there is significant exposure to litigation; g. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956 .9 (c) , so that Council/Commission may decide whether to initiate litigation; h. to meet with an applicant for a City license and the applicant ' s attorney pursuant to Government Code Section 54956 . 7; i . to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party to pursuant to Government Code Section 54956 . 9 (a) as follows: Stubblefield Construction Company, et al vs . City of San Bernardino, et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058 ; City of San Bernardino vs Liberty Cable T.V. , et al- United States District Court Case No. 82-6876 WMB; City of San Bernardino vs County of San Bernardino, et al- Riverside Superior Court Case No. 207900; Tomas Armendariz et al vs James F. Penman, et al - United States District Court Case No. 91-5757 CMB (JRx) ; Garcia vs City of San Bernardino - San Bernardino Superior Court Case No. 249518; San Bernardino Police Officer' s Association vs . City of San Bernardino (Bashaw) - San Bernardino Superior Court Case No. 239366 ; Tammy Murphy vs City of San Bernardino - San Bernardino Superior Court Case No. 254764; City of San Bernardino vs . Bert Busse] et al - San Bernardino Superior Court Case No. 271568; 2 9/21/92 Petrillo vs. City of San Bernardino - San Bernardino Superior Court Case No. 255735; Guardian Bank vs . James F. Penman, et al - United States District Court - Case No. 92-4415 (Ex) ; Guardian Bank vs . James F. Penman, et al - San Bernardino County Superior Court Case No. 272631; Wesley vs . City of San - San Bernardino Superior Court Case No. 265422 . END OF CLOSED SESSION 3 9/21/92 RECONVENE MEETING - 9 : 30 A.M. ROLL CALL PRESENT: ABSENT: INVOCATION: PLEDGE: 2 . Announcements by Mayor and Council. 3 . PUBLIC COMMENTS ON ITEMS NOT ON AGENDA: A five-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council on a matter not on the agenda. No member of the public shall be permitted to "share" his/her five minutes with any other member of the public. (Usually, any items received under this heading are referred to staff for further study, research, completion and/or future Council action. ) 4 . Appointments/Presentations . Service Pin Award Ceremony. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 22 be adopted except for , and 5 . Waive further reading of resolutions and ordinances . MOTION: That further reading of resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. 4 9/21/92 (Consent Calendar continued) 6 . Council Minutes . MOTION: That the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: June 17, 1992 (Delivered on 9/14/92) 7 . Authorization to initiate proceedings for the removal and installation of necessary off-site improvements. (See Attached) (Cost to City - $2,500 from Assessment Proceedings. ) Wards 1 6 3 MOTION: That the Director of Public Works/City Engineer be authorized and directed to initiate proceedings for the removal and installation of necessary off- site improvements under the provisions of Chapter 12 . 92 . 010(E) of the Municipal Code on the following described parcels of land: 136-193-27; 134-053-07; 136-021-23; 136-021-24; and that assessments in excess of $50.00 therefor, if any, will be collected in annual installments, not exceeding -three years, on the respective County Tax Bills and that such installments will bear interest at the rate of 78 per annum on the unpaid balance. and MOTION: That the City absorb the incidental costs pertinent to this project. 8. Approval of plans, transfer of funds in the amount of $120, 000 and authorization to advertise for bids - pavement rehabilitation of Redlands Boulevard, from Hunts Lane to east city limits . (See Attached) (Cost to City - $342,000 from 1/2 Cent Sales Tax - Local Funds) Ward 3 MOTION: That the transfer of $120,000 from Account No. ;1 129-309-57845, "Orange Show Road, from Arrowhead Avenue to Waterman Avenue, " to Account No. 129- 309-57835, "Redlands Boulevard from Hunts Lane to east City limits, be approved. (See next page for additional motion) 5 9/21/92 (Consent Calendar continued) MOTION: That the plans for rehabilitation of Redlands #2 Boulevard, from Hunts Lane to east City limits in accordance with Plan No. 8756 , be approved, and that the Director of Public Works/City Engineer be authorized to advertise for bids . 9 . Claims and Payroll. (See Attached) MOTION: That the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated September 8, 1992 from the Acting Director of Finance, be approved. 10 . Personnel Actions. (See Attached) MOTION: That the personnel actions submitted by the Chief Examiner dated September 11, 1992, in accordance with all administrative regulations of the City of San Bernardino, be approved. 11 . Joint Powers Financing Authority - Regular Meeting MOTION: That the regular meeting of the Joint Powers Financing Authority be adjourned to October 19 , 1992 . RESOLUTIONS MOTION: That the following resolutions be adopted. Administration 12 . Resolution of the City of San Bernardino authorizing the execution of an agreement with Emergency Care Information Center relating to Ambulance Services Study. (See Attached) (Cost to City - $21,500 - $14,190 from AB 2766 Rideshare & $7,310 from General Fund. ) 6 9/21/92 (Consent Calendar continued) Facilities Management 13 . Resolution of the City of San Bernardino authorizing the Manager of Facilities Management to recommend to the San Bernardino Municipal Court increases in the bail forfeiture penalties for certain parking violations listed in the Municipal Code. (See Attached) Parks. Recreation & Community Services 14 . Resolution of the City of San Bernardino authorizing the execution of an agreement terminating the agreement for the use and operation of a tennis pro shop at Perris Hill Park. (See Attached) 15 . Resolution of the City of San Bernardino authorizing the execution of a Memorandum of Understanding with Highland Senior Center, Highland District Council on Aging, Inc. , relating to a nutrition for seniors program. (See Attached) 16 . Resolution of the City of San Bernardino authorizing the execution of a Memorandum of Understanding with Adult Day Health Care Center relating to a nutrition for seniors program. (See Attached) Police 17 . Resolution of the City of San Bernardino authorizing the execution of a Memorandum of Understanding between the San Bernardino Police Department and the Office of Traffic Safety of the State of California addressing traffic safety, driving under the influence, and the use of seat belts and child restraint devices in and about the City of San Bernardino. (See Attached) 7 9/21/92 (Consent Calendar continued) Public Works/Engineering 18. Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A resolution . . . prohibiting parking upon certain designated streets or portions thereof to remove the no parking zone on Sierra Way, between Base Line Street and Highland Avenue, between the hours of seven a.m. and nine a.m. , applicable to the west side only, and between the hours of four p.m. and six p.m. , applicable to the east side only. (See Attached) (Cost to City - $200 from General Fund. ) Ward 2 19 . Resolution of the City of San Bernardino awarding a contract to L & R Electric for electrical service conversion from overhead to underground. (See Attached) (Cost to City- $9,000 from Assessment District Reserve Fund. ) Wards 1 & 3 (Contract documents are available in City Clerk' s Office) 20 . Resolution of the City of San Bernardino authorizing the execution of an agreement with Gary Brauer relating to the provision of construction inspection services for the construction of three federal-aid urban traffic signal interconnect projects . (See Attached) (Cost to City- $23,200 from Street Construction Fund. ) Wards 1,2,3,6 & 7 21 . Resolution of the City of San Bernardino declaring its intention to order the vacation of a portion of Pico Avenue between 5th Street and Spruce Street, and reserving an easement for sanitary sewer and appurtenant facilities and an easement for public utilities therein. (See Attached) Ward 1 8 9/21/92 (Consent Calendar continued) 22 . Resolution of the City of San Bernardino amending Resolution No. 92-276, entitled in part "Resolution of the City of San Bernardino preliminarily determining that public convenience and necessity require the formation of a landscape maintenance assessment district located in the Pepper and Randall area" to amend Section 1, Section 2 and Section 4 . (See Attached) (Cost to City - $4,000 from Assessment District 1007. ) ward 3 END OF CONSENT CALENDAR RESOLUTION CONTINUED FROM SEPTEMBER 8, 1992 23. Authorization to establish Irvington and Magnolia Acquisition Assessment District No. 1008. (Cost to the City - $43,500 from Assessment District No. 1008 - paid by the developer. ) Ward 5 Resolution of the City of San Bernardino making appointments and approving various agreements in Irvington and Magnolia Acquisition Assessment District No. 1008. Resolution of the City of San Bernardino making findings on petition for Irvington and Magnolia Acquisition Assessment District No. 1008 . MOTION: That said resolutions and the formation of the Irvington and Magnolia Acquisition Assessment District No. 1008, be tabled. 9 9/21/92 ORDINANCE - FIRST READING CONTINUED FROM SEPTEMBER 8, 1992 24 . An ordinance of the City of San Bernardino adding Section 5.04 . 623 to the San Bernardino Municipal Code relating to Business Registration Certificates for businesses selling spray paint and wide-tip markers . (Backup material was distributed on September 8, 1992, Item No. 37) MOTION: That said ordinance be laid over for final adoption. STAFF REPORTS 25 . Discuss and take possible action on the Grant Jury Audit- James Penman, City Attorney. (See Attached) 26 . Discuss and take possible action on management/Confidential Compensation - SBMA. (See Attached) MOTION: That the salary survey of November, 1991 be fully implemented effective January 1, 1992 ; and that the Director of Personnel be instructed to prepare the necessary amendments to Resolution 6413 . 27 . Luncheon workshop - Private Refuse Haulers - 12 :00 p.m. - 1 : 30 p.m. - MIC Room. (See Attached) 10 9/21/92 RECONVENE MEETING PLANNING MATTERS 2 :00 P.M. ROLL CALL PRESENT: ABSENT: CONTINUED FROM SEPTEMBER B. 1992 - TO BE HEARD AT 2.00 P.M. 28. Appeal - Planning Commission' s denial of Variance No. 92-10, to construct a 95-foot tall freeway oriented sign ,: identifying seven tenants, and a center identification monument that identifies six tenants. (Backup material was �L \ distributed on September 8, 1992, Item No. 45, new staff report attached) v4 11 Filed b �y Quiel Bros. Sign Co. licant: Camden Development LTD ., ' Owner: Northwest Enterprises �} t . ( Location: Ward 5. Northeast corner of the I-215 northbound offramp and University Parkway on an irregularly- shaped parcel of land consisting of approximately 9. 94 acres . Staff recommendation: Deny the appeal and deny Variance No. 92-10. Planning Commission recommendation: Deny Variance No. 92- 10, based upon the attached findings of fact (Attachment B. 1) . VOTE: Ayes: 4; Nays: 3; Absent: 2 . Mayor to open the hearing . . . NOTION: That the hearing be closed and Variance No. 92-10 fl be approved, as modified, based on the findings of fact (Exhibit 1) and subject to the conditions of approval (Exhibit 2) . or MOTION: That the hearing be closed and Variance No. 92-10 12 be denied. 11 9/21/92 29 . Permitted uses in existing structures within the Paseo Las Placitas Specific Plan area. (See Attached) Ward 1 MOTION: That Planning staff be directed to prepare a Specific Plan Amendment and a Development Code Amendment to expand the list of permitted uses in existing structures located within the Paseo Las Placitas Specific Plan area. TO BE HEARD AT 2:00 P.M. 30 . Appeal - Planning Commission action regarding Demolition Proposal Review (DPR) No. 90-02 - demolition of the Platt Building. (See Attached) Ward l Filed by: Economic Development Agency Aoolicant_/Owner: Economic Development Agency Location: Ward 1. Located at 491 West 5th Street on the southeast corner of west 5th Street and north "E" Street. Staff recommendation: That the Mayor and Common Council adopt the mitigated negative declaration and approve the proposal to demolish the Platt Building. Planning Commission recommendation: Upheld the request for appeal and denied the approval of the project. Mayor to open the hearing . . . MOTION: That the appeal be upheld, that the mitigated negative declaration be adopted; and that the proposal to demolish the Platt Building be approved. 12 9/21/92 31. Adjournment. NOTION: That the Mayor and Common Council meeting be adjourned to Monday, October 5, 1992, 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 five minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and Common Council. No member of the public shall be permitted to "share" his/her five minutes with any other member of the public . The Mayor and Common Council may refer any items raised by the public to staff, or to any commission, board, bureau or committee for appropriate action or have the item placed on the next agenda of the Mayor and Common Council. However, no other action shall be taken nor discussion held by the Mayor and Common Council on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954 .2 of the Government Code. 13 9/21/92 SUPPLEMENTAL AGENDA SEPTEMBER 21, 1992 S-1 the City of San Bernardino amending Resolution o. 6 en itled, in part, "A resolution . . . designating certain streets or portions thereof as through highways. . . ; " and providing that Eucalyptus Avenue is a through highway at its intersection with Mill Street. (See Attached) (Cost to City - $150 from General Fund. ) Ward 3 MOTION: That said resolution be adopted. S-2 the City of San Bernardino awarding a contract r•tton, Inc. for construction of a box culvert on Little League Drive, at Cable Creek Channel. (See Attached) (Cost to City - $434,000 from Street Construction Fund. ) Ward 5 NOTION: That said resolution be adopted. S-3 Luncheon workshop - to include discussion on the renovation of police facility - 11:30 a.m. - 1:30 p.m. - MIC Room. 1 9/21/92 S-4 Request for closed session to discuss pending litigation. MOTION: That the Mayor and 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: Lines vs. City of San Bernardino - San Bernardino Superior Court Case No. 221289 ; City vs . Chambers Cable - San Bernardino Superior Court Case No. 264793. 2 9/21/92