HomeMy WebLinkAbout05-16-1994 Reg Mtg Agenda City Clerk (1)
REGULAR MEETING
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
MONDAY, MAY 16, 1994 - 8:00 A.M.
COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
PRESENT:
ABSENT:
CLOSED SESSION
1. Pursuant to Government Code Section 54956. 9:
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(1) Zofia Tvrakowska vs City of San Bernardino - Ninth
Circuit Court of Appeals - Case No. 94-55137;
(2) County of San Bernardino vs City of Colton -
R.iverside Superior Court Case No. 242968 ;
(3) Rojas vs. City of San Bernardino - San Bernardino
Superior Court Case No. SCV 06004 ;
(4) Daub v. City of San Bernardino - San Bernardino
Superior Court Case No. SCV 01546 ;
(5) City of San Bernardino v Gannett Outdoor Co - San
Bernardino Superior Court Case No. SCV 07036.
END OF CLOSED SESSION
1 5/16/94
RECONVENE MEETING - 9: 00 A.M.
ROLL CALL q , O3 CL—
PRESENT: 2L±r2Ly /ice
J
3�y 7,,, 4 s
ABSENT: ai✓-1 r ' "'
INVOCATION: /n ,
P LEDGE: /
�
/2 .
7
�.
Appointments/Presentations:
Presentations:
A. Service Pin Award Ceremony.
/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 indicated by consent calendar
items 5 through 15 be adopted, except for ,
and
5. Waive further reading of resolutions and ordinances.
MOTION: That further reading of the titles of all
resolutions and ordinances on the regular,
supplemental and Community Development Commission
3/ / agendas, be waived.
,cll 2 5/16/94
6. Council Minutes.
MOTIOM•. 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
3/ form:
March 21, 1994 (Delivered on 5/11/94)
City Administrator
7 . An ordinance of the City of San Bernardino adding Section
8. 69.090 to the San Bernardino Municipal Code relating to the
prohibition of the possession by juveniles of marker pens and
spray can tips. (See Attached) (FINAL READING)
OTION: That said ordinance be adopted.
,4 5
Council Office
Recommended for Approval by Council Personnel Committee on
5/5/94
8. Authorize the addition of one Police Sergeant position to the
Patrol Division to replace position currently assigned to IVDA
per term of caretaker agreement. (See Attached) (NO cost to
Cit -- funding provided by IVDA. )
MOTION: That the addition of one Police Sergeant position
be authorized in the Patrol Division (212) to
replace the position currently assigned to IVDA to
`'llj provide security services to the former Norton Air
Force Base (NAFB) property for the term of the IVDA
caretaker agreement; and further that the
appropriate documents be amended to reflect this
action.
Facilities Management
9 . 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.-
OTION. That said resolution be adopted.
// 3 5/16/94
Parka Recreation i Community Services
10. Resolution of the City of San Bernardino authorizing the
execution of a worksite agreement between the San Bernardino
City Unified school District Special Education Department and
the City of San Bernardino Parks, Recreation and Community
Services Department for providing worksites for a Special
Education Career and Vocational Training Program. (See
Attached) (NO Coat to City)
MOTI N: That said resolution be adopted.
3 2-
Public Services
11. Resolution of the City of San Bernardino authorizing a second
amendment to the agreement between the City of San Bernardino
and West Coast Arborists, Inc. relating to tree trimming
services. (Cost to City -- $100,000 from General Fund. )
MOTION. That said resolution be adopted.
Y/Z
Public Worka/Encineerinc
12 . 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) (FIRST READING)
Wards 4, 5, i 7
MOTION: That s ordinan laid over for final
ado on. G/(o /9 7
13 . Resolution of the City of San Bernardino authorizing the
execution of second amendment to contract with Arrow Power
Sweeping relating to the provision of sweeping services for
the Central City Mall parking spaces. (See Attached)
(Cost to City -- $53, 671 from General Fund. ) Ward 1
MOTION: That said resolution be adopted.
4 5/16/94
14. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and authorization to
issue warrants as listed on the memorandum dated
/ April 27 , 1994 , from the Finance Director, be
H 3 approved.
15. Personnel Actions. (See Attached)
MOTION: That the personnel actions submitted by the Chief
Examiner dated May 5, 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
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.
City Clerks Office
l TO BE HEARD AT 10:00 A.M.
16 . Public hearing -- resolution imposing liens on property
located within the City of San Bernardino for uncollected
business registration fees. (See Attached)
Resolution of the City of San Bernardino imposing liens on
certain parcels of real property located within the City of
San Bernardino for uncollected business registration fees.
Mayor to open the hearing . . .
MOTION: That the e osed; and that said
resolution be adopted.
5 5/16/94
STAFF REPORTS
Finance Department
17 .J Authorize use of Bond Improvement Fund to call bonds and
reduce debt obligations of residents in Assessment District
No. 977A. (See Attached) (Cajon i June Acquisition District)
Ward 6
MOTION: That—the—Bond Improvement Fund surplus be used to
call bonds and—reduce--e— debt obligations of the
residents in Assessment Dist-r- 977A.
(18. Authorize use of Bond Improvement Fund to call bonds and
reduce debt obligations of residents in Assessment District
No. 977B. (See Attached) (Cajon i June Acquisition District)
Ward 6
MOTION: That the Bond Improvement Fund surplus be used to
call bonds and reduce the debt obligations of the
residents in Assessment District No. 977B.
A
Parks Recreation 6 Community Services
Requests for FY 1994/95 Fine Arts Funding:
19. Recommended for approval by Ways and Means Committee on
12/20/93
a. Request from 4th of July Committee -- $23 , 393 -- 4th of
July Celebration at Seccombe Lake Park. (See Attached)
(Cost to City -- $23,393 -- will exceed the 1993-94
Budget allocation. )
MOTION: That the request from the 4th of July
Committee for funding assistance in the amount
of $23, 393 to cover costs connected with the
1994 4th of July Celebration at Seccombe Lake
Park be approved from the 1994-95 Fine Arts
Fund.
(Item 19b on next page)
6 5/16/94
19. Continued.
b. Request for Parks and Recreation Concert Series -- $5, 000
-- Rites of Spring and Indian Summer Concerts. (See
Attached) (Cost to City -- $5,000 -- will exceed the
1993-94 Budget allocation. )
MOTION: That the request for funds in the amount of
$5, 000 for the Rites of Spring and the Indian
Summer Concert Series, be approved from the
1994-95 Fine Arts Fund.
20. Request a waiver of fees in the amount of $240 for use of
;1 Guadalupe Field and facilities by the Guadalupe Youth League.
1010P (See Attached) Ward 1
MOTION: That the request to waive fees for use of Guadalupe
0 {� ti Field and facilities by Guadalupe Youth League in
'Jf� ,_p.� + the amount of $240, be denied.
q+.P1A'/7l�D f
or
f[ MOTION: That the request to waive fees for use of Guadalupe
12 Field and facilities by Guadalupe Youth League in
j the amount of $240, be approved.
Public Services
! 21. A resolution of the Mayor and Common Council of the City of
San Bernardino, California, approving the application for
grant funds from the California oil Recycling Enhancement Act
(ACT) (Statutes of 1991, Chapter 817) for the following
project: used oil collection and recycling using retrofitted
solid waste collection vehicles and a central holding/testing
facility. (See Attached) (Cost to City -- $7 ,025 matching
fug s_from Refuse/Enterprise Fund. )
MOTION-N Thar-sw'-''----6' �opted.
S/3" 7
7 5/16/94
Public Works/Encineerinc
22 . Authorize transfer of funds and advertisement for bids --
painting of traffic line stripes and pavement markings. (See
Attached) (NO coat to City -- General Fund Savings of $2,000)
MO ON: That the transfer of $14 , 000 from Account No. 001-
/1 307-52020, "Salaries, Permanent/Full Time, " to
ccount No. 001-307-53150, "Professional/
Co actual Services, " be approved.
and
MOTION: That the plans for p ' ting traffic line stripes
i2 and pavement markings, in cordance with Plan No.
9068, be approved; and that t irector of Public
Works/City Engineer be authorized advertise for
2:3 ) Approval of plans and authorization to advertise for bids --
widening sections of Mill Street and Rialto Avenue to match
adjoining sections. (See Attached) (Cost to City -- $67,500
from Assessment District. ) Wards 1 & 3
MOTION: That the plans for widening Mill Street (north
side) , east of "D" Street, and Rialto Avenue (south
side) , west of "E" Street, to match adjoining
sections, in accordance with Plan No. 8903, be
approved; and that the Director of Public
Works/City Engineer be authorized to advertise for
bids.
3A7
Resolution of the City of San Bernardino establishing and
setting a fair market value and sales price of $500. 00 and
6� 1006V authorizing and directing the execution of a grant deed
7 conveying that certain surplus right-of-way located north of
1" Highland Avenue and west of the new State Highway 330, in the
City of San Bernardino, to Ralph and Nancy Monge. (See
pTD Attached) Ward 4
/�61 MOTION: That said resolution be adopted.
8 5/16/94
council Office
Recommended for approval by Legislative Review Committee on
5/5/94
J 25. Resolution of the Mayor and Common Council of the City of San
Bernardino amending Resolution No. 94-46 relating to time
limits for the public to address the Mayor and Common Council.
(See Attached)
MOITIbXt, That Section of Resolution No. 94-46 be amended,
it smitng membe6 rs of the public to a total time of
i
to nutes when they address the Mayor and Common
Counci n either agenda or public comment items
and limits the time on each item to three
minutes.
and
MOTION: That Section 7 of Resolute No. 94-46 be amended,
12 applying a three minute time 11 ' ation to a member
of the public addressing the May and Common
council with possible two minute exten at
Special meetings.
J26. An ordinance of the City of San Bernardino amending Chapter
8.72 of the San Bernardino Municipal Code relating to smoking.
(See Attached) (FIRST READING)
MOTION: That said ordinance be laid over for final
adoption.
12--/�
9 5/16/94
27 . Discuss City's liability exposure and take possible action on
the hiring of an independent investigator as a result of the
allegations of sexual harassment recently reported in the City
Attorney's Office. (Submitted by Council Member Hernandez)
NOTION: That the Mayor and Common Council adjourned to
/1 closed session -- significant exposure to
litigation pursuant to Subdivision (b) of Section
54956. ;
and/or
MOTION: That the Mayor and Council hire independent legal
12 counsel to advise the City on the potential for
liability exposure and on the appropriate course of
action in response to allegations of sexual
harassment by the City Attorney.
10 5/16/94
MAYOR AND COMMON COUNCIL
CITY OF SAN BERNARDINO
RECONVENE MEETING
PLANNING MATTERS
MONDAY, MAY 16, 1994 - 2 : 00 P.M.
COUNCIL CHAMBERS
ROLL CALL
PRESENT: _ U �' 415-, 7
ABSENT: Z- 1 ��`-' Z 0 5
+9 CONTINUED FROM MAY 2 . 1994
28 . Public hearing -- Development Agreement No. 93-01 and Variance
No. 93-07 -- Stubblefield Access Agreement. (Backup material
was Originally distributed on April 4, 1994, Item NO. 36)
Resolution of the City of San Bernardino authorizing the
execution of Development Agreement No. 93-01.
\
Mayor to open the hearing . . .
r�
MOTION: That the matter be continued to 2 : 00 p.m. , Monday,
O June 6, 1994, in the Council Chambers of City Hall,
n( H 300 North "D" Street, San Bernardino, California.
h �
CONTINUED FROM MAY 2 . 1994
y 29. Appeal -- Planning Commission's denial of Variance No. 93-11 -
1 - off freeway sign -- Scottish Rite Temple property. (Backup
material was originally distributed on November 15, 1993, Item
No. 42)
�\ Applicant: Innovative Graphics, Inc.
Owner: Scottish Rite Building Association
M
Location: Ward 5. The future 11.44 acre shopping center is
to be located on the west side of University Parkway, south of
College Avenue, north across Varsity Avenue from the Scottish
t�: Rite Temple.
i (Item continued on next page)
11 5/16/94
29. Continued.
Staff Recommendation: That the Mayor and Common Council deny
the appeal and deny Variance No. 93-11 based upon the findings
of facts contained in the Planning Commission staff report
dated September 21, 1993 , (Exhibit 2) .
Planninc Commission Recommendation: The Planning Commission
recommended that Variance No. 93-11 be denied based upon the
findings of facts contained in the September 21, 1993 staff
report (Exhibit 2) . VOTE: AYES: 6; NAYS: 1
Mayor to open the hearing . . .
MOTION: That the hea be closed; and that the Mayor and
Common C cil d y Variance No. 93- ased upon
the f ' dings of fa t contain he September 21,
0/3 19 , Planning Comm' ; n staff report. A/O 93
30. Initiation of a Development Code Amendment to permit
billboards. (See Attached)
MOTION: uncil not consider permitting new billboards
anywhere in and not direct staff to
3� prepare an amendment to t e ment Code.
31. Initiation of a Development Code Amendment relative to chain
link fencing requirements. (See Attached)
MOTION: —Thatt Planning staff be directed to consider
amen i the Development Code to remove the word
"Residential m the land use designations where
(. chain link fencing pr tions are applicable, and
to amend Table 20. 01 to allo feet in height
on the front property lines, and a of six
feet to a ten foot setback in front yar 'n
residential districts.
qh, Z-"C C-
12 5/16/94
Adoption of General Plan Amendments:
32 . Public hearing - General Plan Amendment No. 93-05 --
Development Permit No. 93-22 (Type III) and Variance No. 93-23
-- a request to amend the General Plan from RS, Residential
Suburban, to CO-2, Commercial Office, to locate a dentist's
office with reductions in both side and rear setbacks. (See
Attached)
Applicant: Carlos & Sarah Martinez
Owner: Carlos & Sarah Martinez
Location: Ward 7 . The subject property is a rectangularly-
shaped parcel of land consisting of about 7 , 280 square feet,
located at the southeast corner of "E" Street and 31st Street,
having a frontage of 52 feet on the east side of "E" Street,
p� and a frontage of 140 feet on the south side of 31st Street,
V � and further being described as being located at 3095 North "E"
Street.
Staff Recommendation: Recommended that the Mayor and Common
\ Council adopt the negative declaration and adopt the
resolution which approves the General Plan Amendment,
Development Permit No. 93-22 (Type III) and Variance No. 93-
23 .
Planning Commission Recommendation: Recommended that the
Mayor and Common Council adopt the negative declaration and
approve General Plan Amendment No. 93-05, Development Permit
No. 93-22 and Variance No. 93-23 based upon the findings of
fact (Attachment E) . VOTE: AYES: 6; NAYS: 0 .
Resolution of the Mayor and Common Council of the City of San
Bernardino adopting a negative declaration; adopting findings;
and adopting General Plan Amendment No. 93-05 to amend the
General Plan Land Use Plan Map.
:MOTION-yor___ 0 ^/ the hearing . . . /!
�/ 3 (�
at the hearing be closed; and that the Mayor and
Common council adopt the negative declaration;
adopt the resolution which approves the General
Plan Amendment and that the Mayor and Common
Council approve Development Permit (Type III) No.
93-22 and Variance No. 93-23 , based on the findings
of fact and subject to the conditions of approval
and standard requirements.
13 5/16/94
33 . Public hearing -- General Plan Amendment No. 94-01
YYYYYY Conditional Use Permit No. 94-03 and Parcel Map No. 14639
to change the General Plan designation from IL (Industrial
Light) , to CH (Commercial Heavy) -- to permit a bulk
distribution service facility and to combine seven lots into
eleven. (See Attached) (Cost to City -- $30 Fish & Game
Department Filing Fee. )
Applicant: AT & SF Railway Company
Owners: Willie Harvey & Marlies Kallen
4., Melvin G. & Joan Elliott
Location: Ward 3. The irregularly-shaped 21. 1 acre project
^� site is located about 680 feet north of Rialto Avenue and
north of the adjacent Pacific Electric Railroad right-of-way,
a south of the Metrolink mainline right-of-way and west of
` Rancho Avenue in the Industrial Light and Commercial Heavy
Ou land use designations.
Staff Recommendation: That the Mayor and Common Council adopt
a -44 the negative declaration and approve General Plan Amendment
� ��V11L No. 94-01, Conditional Use Permit No. 94-03 and Parcel Map No.
14639.
IN Z
Planning Commission Recommendation: That the Mayor and Common
Council adopt the negative declaration and approve General
Plan Amendment No. 94-01, Conditional Use Permit No. 94-03 and
Parcel Map No. 14639 . VOTE: AYES: 6; NAYS: 0; ABSENT: 5
Resolution of the City of San Bernardino adopting the negative
declaration of environmental impact and adopting General Plan
Amendment No. 94-01 to the General Plan of the City of San
Bernardino.
Mayor to o the hearing . . .
MO7TIO)N at the hearing be closed; at the Mayor and
Com mon Council adopt the negative declaration;
adopt the resolution which approves General Plan
Amendment No. 94-01, Conditional Use Permit No. 94-
03 and Parcel Map No. 14639 , based on the findings
of fact and subject to the conditions of approval
and standard requirementS, _.,,,ZZ wiz
14 5/16/94
34 . Adjournment.
MOTION: That the meeting be adjourned to 10: 00 a.m. ,
Monday, May 23 , 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 concern;ng 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) 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.
Pub'_-- :=nents %. il_ -a - ----ved cn anv _tem on the
agenda '.:nen _ cuniic near_na 7.as been conducted and
closed.
15 5/16/94
City Clerk (1)
SUPPLEMENTAL AGENDA
MAY 16, 1994
S-1 Selection of dates for Mayor and Council review of City's
proposed FY 1994/95 Budget. (See Attached)
MOTION: That June 15, 22, 24, 27, 28 and 29, 1994 be
considered for selection as dates for Mayor and
Council review of City's proposed FY 1994/95
Budget.
JS-2 Appointment -- Eugene Allender -- Civil Service Board -- Mayor
Minor. (See Attached)
MOTION: That the appointment of Eugene Allender to the
Civil Service Board, as requested by Mayor Minor,
5 be approved.
1 5/16/94
ADDENDUM SUPPLEMENTAL
MAY 16, 1994
AS-1 Report on possible unlawful acts by certain Council Members.
(See Attached)
MOTION:
That
NOTION: and Common Council_-ItscIISS and take
possible action on p -e unlawful acts.
1 5/16/94
AGENDA
(CLOSED SESSION)
MAY 16, 1994
From: City Attorney's Office
A. Litigation (pursuant to Government Code §54956.9)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Name of cases:
a. Zofia Tyrakowska vs. City of San Bernardino - Ninth
Circuit Court of Appeal - Case No. 94-55137 .
b. County of San Bernardino vs. City of Colton -
Riverside Superior Court Case No. 242968.
C. Rojas vs. City of San Bernardino
San Bernardino Superior Court Case No. SCV 06004.
d. Daub v. City of San Bernardino
San Bernardino Superior Court Case No. SCV 01546 .
e. City of San Bernardino v. Gannett Outdoor Co.
San Bernardino Superior Court Case No. SCV 07036.
i
i
I
� c�N-A D'rdea�- LT-�
A G E N D A
MAY 16, 1994 RECEIVEfj-CITY CIEFk
PLEASE SEE ATTACHED LIST FROM CITY ATTORNEY{W fyj9E PWT45CLOSED
SESSION ITEMS.
ANNOUNCEMENTS BY MAYOR AND COUNCIL
APPOINTMENTS/PRESENTATIONS
Service Pin Award Ceremony
70
,p m
CONSENT CALENDAR a m
Motion: = T
That the motions indicated by
Consent Calendar Items through v
be adopted, except for �0
and x
COUNCIL OFFICE
Recommended for Approval by Council Personnel Committee on 5/5/94
/Authorize addition of one position of police sergeant to Patrol
Division to replace position currently assigned to IVDA per term of
caretaker agreement. (No cost to City -- funding provided by IVDA) .
FACILITIES MANAGEMENT
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
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A WORKSITE AGREEMENT BETWEEN THE SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT SPECIAL EDUCATION DEPARTMENT AND THE CITY OF SAN
BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT FOR
PROVIDING WORKSITES FOR A SPECIAL EDUCATION CAREER AND VOCATION
TRAINING PROGRAM (No cost to City) .
PUBLIC WORKS
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.
(WARDS 4, 5, 7) (FIRST READING) .
L
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF SECOND AMENDMENT TO CONTRACT WITH ARROW POWER SWEEPING RELATING
TO THE PROVISION OF SWEEPING SERVICES FOR THE CENTRAL CITY MALL
PARKING SPACES. (WARD 1) (Cost to City -- $53,671 from General
Fund) .
Claims and Payroll
j Personnel Actions
END OF CONSENT CALENDAR
p 0 -rossa
A G E N D A /
MAY 16, 1994
PLEASE SEE ATTACHED LIST FROM CITY ATTORNEY'S OFFICE FOR CLOSED
SESSION ITEMS.
ANNOUNCEMENTS BY MAYOR AND COUNCIL
APPOINTMENTS/PRESENTATIONS
Service Pin Award Ceremony
CONSENT CALENDAR
Motion:
That the motions indicated by
Consent Calendar Items through
be adopted, except for
and
COUNCIL OFFICE
Recommended for Approval by Council Personnel Committee on 5/5/94
Authorize addition of one position of police sergeant to Patrol
Division to replace position currently assigned to IVDA per term of
caretaker agreement. (NO cost to City -- funding provided by IVDA) .
FACILITIES MANAGEMENT
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
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A WORKSITE AGREEMENT BETWEEN THE SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT SPECIAL EDUCATION DEPARTMENT AND THE CITY OF SAN
BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT FOR
PROVIDING WORKSITES FOR A SPECIAL EDUCATION CAREER AND VOCATION
TRAINING PROGRAM (NO cost to City) .
PUBLIC SERVICES
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A SECOND
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
WEST COAST ARBORISTS, INC. RELATING TO TREE TRIMMING SERVICES.
(Cost to City -- $100,000 from General Fund) .
PUBLIC WORKS
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.
(WARDS 4 , 5,7) (FIRST READING) .
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF SECOND AMENDMENT TO CONTRACT WITH ARROW POWER SWEEPING RELATING
TO THE PROVISION OF SWEEPING SERVICES FOR THE CENTRAL CITY MALL
PARKING SPACES. (WARD 1) (Cost to City -- $53,671 from General
Fund) .
Claims and Payroll
Personnel Actions
END OF CONSENT CALENDAR
}
PUBLIC WORKS
Authorize transfer of funds and advertisement for bids -- painting
of traffic line stripes and pavement markings. No Cost to City --
General Fund Savings of $2,000.
Approval of plans and authorization to advertize for bids --
widening sections of Mill Street and Rialto Avenue to match
adjoining sections. (Wards 1 & 3) Cost to City -- $67,500 from
Assessment District.
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET
VALUE AND SALES PRICE OF $500.00 AND AUTHORIZING AND DIRECTING THE
EXECUTION OF A GRANT DEED CONVEYING THAT CERTAIN SURPLUS RIGHT-OF-
WAY LOCATED NORTH OF HIGHLAND AVENUE AND WEST OF THE NEW STATE
HIGHWAY 330, IN THE CITY OF SAN BERNARDINO, TO RALPH AND NANCY
MONGE. (WARD 4)
COUNCIL OFFICE
Recommended for Approval by Legislative Review Committee on 5/5/94
Resolution of the Mayor and Common Council of the City of San
Bernardino amending Resolution No. 94-46 relating to the time
limits for the public to address the Mayor and Common Council.
An ordinance of the City of San Bernardino amending Chapter 8.72 of
the San Bernardino Municipal Code relating to smoking.
Discuss City's liability exposure and take possible action on the
hiring of an independent investigator as a result of the
allegations of sexual harassment recently reported in the City
Attorney's Office. (Submitted by Councilman Ralph Hernandez) .
Motion: That the Mayor and Council adjourn to closed
session -- significant exposure to litigation
pursuant to Subdivision (b) of Section 54956.9
and/or
Motion: That the Mayor and Council hire independent legal
counsel to advise the City on the potential for
liability exposure and on the appropriate course of
action in response to allegations of sexual
harassment by the City Attorney.
PUBLIC WORKS
)Author transfer of funds and advertisement for bids -- painting
of tra 'c line stripes and pavement markings. No Cost to City --
General Lcnd Savings of $2,000.
/Approval of plans and authorization to advertize for bids --
widening sections of Mill Street and Rialto Avenue to match
adjoining se tions. (Wards 1 & 3) Cost to City -- $67,500 from
Assessment Di tract.
RESOLUTION OF T CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET
VALUE AND SALES ICE OF $500. 00 AND AUTHORIZING AND DIRECTING THE
EXECUTION OF A G T DEED CONVEYING THAT CERTAIN SURPLUS RIGHT-OF-
WAY LOCATED NORTH OF HIGHLAND AVENUE AND WEST OF THE NEW STATE
HIGHWAY 330, IN TH$. CITY OF SAN BERNARDINO, TO RALPH AND NANCY
MONGE. (WARD 4)
COUNCIL OFFICE
Recommended forRecommended for Approval2v Legislative Review Committee on 5/5/94Legislative Review Committee on 5/5/94
✓Resolution of the Mayor and Common Council of the City of San
Bernardino amending Resolution No. 94-46 relating to the time
limits for the public to address the Mayor and Common Council.
Discuss City's liability exposure and take possible action on the
hiring of an independent investigator as a result of the
allegations of sexual harassment recently reported in the City
Attorney's Office. (Submitted by Councilman Ralph Hernandez) .
Motion: That the Mayor and'-. Council adjourn to closed
session -- significa t exposure to litigation
pursuant to Subdivision (b) of Section 54956.9
and/or
Motion: That the Mayor and Council �re independent legal
counsel to advise the City n the potential for
liability exposure and on the a propriate course of
action in response to alLe tions of sexual
harassment by the City Attorney.
HEARINGS
TO BE HEARD AT 10:00 A. M.
CITY CLERK
RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN
PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO
FOR UNCOLLECTED BUSINESS REGISTRATION FEES.
A G E N D A
STAFF REPORTS
MAY 16, 1994
FINANCE DEPARTMENT
✓Authorize use of Bond Improvement Fund to call bonds and reduce
debt obligations of residents in Assessment District No. 977A.
/Authorize use of Bond Improvement Fund to call bonds and reduce
debt obligations of residents in Assessment District No. 977B.
PARKS. RECREATION & COMMUNITY SERVICES
Requests for FY 1994/95 Fine Arts Funding:
Recommended for approval by Ways and Means Committee 12/20/93
✓a. Request from 4th of July Committee -- $23 , 393 -- 4th of
July celebration at Seccombe Lake Park. Cost to City --
$23,393 this will exceed the 93-94 budget allocation.
A. Request for Parks & Recreation Concert Series -- $5, 000 -
- Rites of Spring and Indian Summer Concerts. Cost to
City -- $5,000 this will exceed the 93-94 budget
allocation.
/Request for waiver of fees in the amount of $240 for use of
Guadalupe Field and facilities by the Guadalupe Youth League. (Ward
1) .
PUBLIC SERVICES
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS
FROM THE CALIFORNIA OIL RECYCLING EHNANCEMENT ACT (ACT) (STATUTES
OF 1991, CHAPTER 817) for the following project: USED OIL
COLLECTION AND RECYCLING USING RETROFITTED SOLID WASTE COLLECTION
VEHICLES AND A CENTRAL HOLDING/TESTING FACILITY. (Cost to City --
$7,025 matching funds from Refuse/Enterprise Fund) .
a
A G E N D A
MAY 16, 1994
PLANNING
TO BE HEARD AT 2 :00 P.M.
Initiation of Development Code amendment to permit billboards.
Initiation of Development Code amendment relative to chain link V
fencing requirements.
Adoption of General Plan Amendments:
1. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
n , IR`Po -A0 SAN BERNARDINO ADOPTING A NEGATIVE DECLARATION; ADOPTING
0, 4 ��� FINDINGS; AND ADOPTING GENERAL PLAN AMENDMENT NO. 93-05
TO AMEND THE GENERAL PLAN LAND USE PLAN MAP. (WARD 7)
�1 / 2. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE
X �7Pr NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING
GENERAL PLAN AMENDMENT NO. 94-01 TO THE GENERAL PLAN OF
5I THE CITY OF SAN BERNARDINO. (WARD 3)
RACHELCLARK
city clerk
AGENDA 2nd Fluor
MAYOR AND COMMON COUNCIL/
COMMUNITY DEVELOPMENT COMMISSION
AND THE JOINT POWERS FINANCING AUTHORITY
OF THE CITY OF SAN BERNARDINO
"May 16, 1994 - 11:00 a.m."
(Joint Regular Meeting)
Council Chambers, City Hall
CALL TO ORDER:
ROLL CALL:
PRESENT:
ABSENT:
-----------------------------------------------------------------
IPUBLIC COMMENTS ON ITEMS NOT ON AGENDA)
CONSENT CALENDAR
MOTION: That the motions indicated by Consent Calendar items numbered "1"through "6" be
adopted, except for items numbered:
3 3 - -
1. JOINT POWERS FINANCING AUTHORITY
(Community Development Commission)
MOTION That the Regular Meeting of the Joint Powers Financing Authority be called to
order.
JOINT REGULAR MEETING COMMISSION AGENDA
KJH:Imp:cdcgr2 1 Dale: May 16,1994
DEVELOPMENT DEPARTMENT
2. GTE SMALL BUSINESS INCUBATOR PROJECT GRANT
(Community Development Commissionl
MO N: That the Community Development Commission receive and file the attached staff
report relative to the GTE Small Business Incubator Project.
�-( i
3. RAY OF HOPE MINISTRIES HOMELESS SHELTER UTILITY PAYMENTS PROGRAM
(Community Development Commission)
MOTION: That the Community Development Commission approve a$3,000 grant award to
�� Ray of Hope Ministries under the Homeless Shelter and UU14 Payments Program
and authorize the Chairman and Executive Director to execute any documents
I necessary to effectuate this transaction.
4. "FOCUS" NEIGHBORHOOD SELECTION
(Community Development Commission)
MOTION: That the Community Development Commission designate two (2)"focus"
neighborhoods within the Central City Revitalization Strategy area based upon the
boundaries set forth below:
—• 1-215 Freeway on the West,"E"Street on the East, Baseline Street to the
North,and 9th Street to the South.
Sierra Way on the West,Waterman Avenue on the East, Baseline Street
II(� to the North,and 9th Street to the South.
----------------------------------- ----
JOINT REGULAR MEETING COMMISSION AGENDA
KJH:1mp:cdc3j2 2 Date: May 16,1994
5. VALLEY AUTO SUPPLY ACQUISITION
_ jCommun'Ity Development Commission)
MOl"(ON: That the Community Development Commission authorize the Executive Director to
acquire fee title to Valley Auto Supply, accessors parcel numbers 134-141-11 6
27,from Larry G.Haupert and Carolyn S. Haupert for the price of$924,000, plus
estimated escrow and title fees of$3,600,and authorize the Executive Director to
�( execute any and all documents necessary to complete the acquisition.
6. CENTRAL POLICE STATION FINANCING
----
(Mayor and Common Council)
MOTION A: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
/SAN BERNARDINO, CALIFORNIA,APPROVING THE ISSUANCE OF NOT TO
¢� EXCEED$10,000,000 SAN BERNARDINO JOINT POWERS AUTHORITY,TAX
ALLOCATION BONDS,ISSUE OF 1994 (POLICE STATION FINANCING
PROJECT)AND THE BORROWING BY THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO OF THE PROCEEDS THEREFROM
PURSUANT TO THAT CERTAIN LOAN AGREEMENT
----- _�� (Community Development Commission)
MOTION B: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO,AUTHORIZING, ON BEHALF OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO.THE
6/ BORROWING OF FUNDS FROM THE SAN BERNARDINO JOINT POWERS
FINANCING AUTHORITY IN A TOTAL AGGREGATE PRINCIPAL AMOUNT OF
NOT TO EXCEED$10,000,000,AUTHORIZING THE FORM OF CERTAIN
LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND
DIRECTING THE PREPARATION, EXECUTION AND DELIVERY OF THE
FORMS THEREOF
JOINT REGULAR MEETING COMMISSION AGENDA
KJH:Imp:cdc-3j2 3 Date: May 16,1994
(Joint Powers Financina Authority)
MOTION C: RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED TAX
(� ALLOCATION BONDS,ISSUE OF 1994(POLICE STATION FINANCING
I PROJECT),APPROVING THE FORM OF LEGAL DOCUMENTS, RELATED
THERETO AND AUTHORIZING AND DIRECTING PREPARATION,EXECUTION
AND DELIVERY OF THE FINAL FORMS THEREOF
END OF CONSENT CALENDAR
7. INSPECTOR OF RECORD—POLICE FACILITY CONSTRUCTION
(Community Development Commission)
MOTION: That the Community Development Commission authorize the Executive Director to
draft and execute a contract with Converse Consultant Inland Empire for an
amount not to exceed$84,000 and estimated reimbursable expenses of$5,000
Cn I�I for Inspector of Record services for the construction of the new Central Police
Station and authorize funding for same. Further,authorize staff to administer
changes in the scope of services to the amount of the contingency($6,720)and
authorize funding for same.
AGENCY ADMINISTRATION
8. PUBLIC COMMENTS AT COMMISSION MEETINGS
(Mayor and Common Council)
(Community Development Commission)
(Legislative Review Committee Recommendation)
MOTION: That ome C munity D�v�lopment Commissioned policy the provisions of
olution 9446,as amend'ett relatingt66me limits for the public to address the
3 hairman and Community Development Commission.
V- CDC-
----------------------------------------------------------------
JOINT REGULAR MEETING COMMISSION AGENDA
KJH:Imp:cdcJjr2 4 Date: May 16,1994
DEVELOPMENT DEPARTMENT
9. MEXICAN CONSULATE RELOCATION AND LEASE
(Community Development Commission)
MOTION: That the Community Development Commission consider appropriating$325,000
in bond proceeds to finance the code-required improvements and tenant
/ improvements related to the relocation of the Mexican Consulate to Agency-owned
3 ` property at 532 North"D"Street.
AGENCY ADMINISTRATION
10. SAN BERNARDINO COUNTY LAW LIBRARY RETENTION
(Mayor and Common Council)
(Community Development Commission)
OPEN PUBLIC HEARING
q[5 CLOSE PUBLIC HEARING
LCommunity Development Commission)
MOTION A: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT
/ AGENCY OF THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO
3 7 COUNTY LAW LIBRARY BOARD OF TRUSTEES
MOTION B: That the Community Development Commission authorize the Executive Director to
execute an Assignment and Assumption Agreement(pertaining to an asbestos
removal contract) between the Redevelopment Agency and Bank of America
National Trust and Savings Association.
MOTION C: That the Community Development Commission reaffirm its motion from the
meeting of April 18, 1994,authorizing the Executive Director to execute an
Agreement of Purchase and Sale and Joint Escrow Instructions between Bank of
3/7 America National Trust and Savings Association and the Redevelopment Agency.
----------- --------------------
JOINT REGULAR MEETING COMMISSION AGENDA
KJH:Imp:cdc-3jr2 6 Date: May 16,1994
DEVELOPMENT DEPARTMENT
11. ALLOCATION OF LOW-AND MODERATE-INCOME HOUSING FUNDS WITH THE INLAND
VALLEY DEVELOPMENT AGENCY
(Community Development Commission)
MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO APPROVING AN AGREEMENT REGARDING THE
/ ALLOCATION OF LOW-AND MODERATE-INCOME HOUSING FUNDS WITH
THE INLAND VALLEY DEVELOPMENT AGENCY
12. ARROW VISTA HOUSING DEVELOPMENT PROJECT
CCommunity Development Commission)
MOTION A: That the Community Development Commission approve the utilization of
Pridemark Homes to provide various contractor services in conjunction with the
Arrow Vista Housing Development Project,allocate the utilization of$300,000 in
r _ low to moderate income housing funds and authorize the Chairman and Executive
lL Director to execute any documents necessary to effectuate implementation of said
contractor services.
MOTION B: TWERIheGerrunualty Development Commission approve the utilization of Inland
Cities to provide marketing ' ction with the Arrow Vista Housing
Development Project,allocate the utilization of$75,0 erate income
housing funds and authorize the Chairman and Executive Director to execum any
documents necessary to effectuate implementation of said arketing services.
/L'L_ �
----------------------------------------------------------------
JOINT REGULAR MEETING COMMISSION AGENDA
KJH:Imp:cdc-3jr2 8 Date: May 16,1994
13. FY 1994-1995 COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PUBLIC HEARING
SCHEDULED FOR 3:00 P.M.
(Mayor and Common Council)
OPEN PUBLIC HEARING
'4 / LOSE PUBLIC HEARING
MOTION A: hat the Mayor and Common Council approve and adopt the Community
Development Citizen Advisory Committee(CDCAC) recommendations for FY
94195 CDBG-funded programs,projects and activities and authorize the Executive
Director to submit the FY 1994-1995 CDBG Statement of Objectives and
Projected Use of Funds to the U.S.Department of Housing and Urban
l / Development(HUD).
MOTION B: RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE CDBG FUNDING
AGREEMENTS BETWEEN THE CITY OF SAN BERNARDINO AND THE
ORGANIZATIONS IDENTIFIED IN THE 1994-1995 CDBG FINAL STATEMENT
OF OBJECTIVES AND PROJECTED USE OF FUNDS APPROVED BY THE
COMMON COUNCIL ON MAY 16,1994.
14. ADJOURNMENT
MOTION: That the meeting of the Joint Powers Financing Authority be adjourned to Monday,
June 20,1994,at 11:00 a.m.,in the Council Chambers of City Hall,300 North"D"
Street,San Bernardino,California.
3 �
15. ADJOURNMENT may a.3 /y 9
tMOTION: That the meeting of the ommunity Development
Commission be adjourned to Monday,June 6,1994, at 11:00 a.m.,in the Council
Chambers of City Hall, 300 North"D"Street, San Bernardino,California
----------------------------------------------------------------
JOINT REGULAR MEETING COMMISSION AGENDA
KJH:Imp:cdc3j2 7 Date: May 16,1994
RACHEL CLARK
City Clerk
2nd Fiwr
SUPPLEMENTAL AGENDA
MAYOR AND COMMON COUNCIL,
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RS-1. FREEWAY HOME CENTER
(Community Development Commission)
(Councilwoman Pope-Ludlam's Recommendation)
MOTION: That the Comm Commission co�der-pgoviding financial
assistance Steward and Ass is ., ased upon the documentation
sub by Valley Bank of Moreno Valley.
----------------------------------------------------------------
JOINT REGULAR MEETING COMMISSION SUPPLEMENTAL AGENDA
KJH:d1e:cdc94sup.6r2 1 Date: MAY 16.1994