HomeMy WebLinkAbout01-20-1993 Adj Reg Mtg Agenda AGENDA
ADJOURNED REGULAR MEETING
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
WEDNESDAY, JANUARY 20, 1993 - 8: 30 A.M.
COUNCIL CHAMBERS
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. to confer with the attorney regarding pending
litigation pursuant to Government Code Section
54956.9 (b) (1) , as there is significant exposure to
litigation;
b. 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) ;
C. 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;
d. to consider personnel matters pursuant to Government
Code Section 54957;
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;
f. 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
The identity of each
person with whom negotiations are authorized is:
1 1/20/93
f
g. to meet with an applicant for a City license and the
applicant ' s attorney pursuant to Government Code
Section 54956.7;
h. to meet with the Chief of Police regarding matters of
public security pursuant to Government Code Section
54957;
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;
Guardian Bank vs James F. Penman et al - United States
District Court Case No. 92-4415 WDK (Ex) ;
Guardian Bank vs. James F. Penman, et al - San Bernardino
County Superior Court Case No. 272631;
City of San Bernardino vs. Chambers Cable - San Bernardino
Superior Court Case No. 264793 ;
Tomas Armendariz , et al vs. James F. Penman, et al - San
Bernardino Trial Court Case No. 271093 ;
Julie M. Thompson vs. City of San Bernardino, et al-
United States District Court No. SA CV-92-888 GT (RWRx) .
END OF CLOSED SESSION
2 1/20/93
RECONVENE MEETING - 9 : 30 A.M.
ROLL CALL
PRESENT:
ABSENT:
INVOCATION: �C -'l /t�/ r y`,tc�1-' �'�ti't`r��C � cz.Gc�°�L
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 21 be adopted, except for I ,
1 ,, and
5. Waive further reading of resolutions and ordinances.
MOTION: That further reading of all resolutions and
ordinances on the regular, supplemental and
�1 Community Development Commission agendas, be
7
waived.
3 1/20/93
(Consent Calendar Continued)
6. Approval of contract Change Order No. 1 -- contract
increase of $10, 382.50 -- modification of traffic signals at
Kendall Drive and University Parkway -- Paul Gardner Corp.
(See Attached) (Cost to City -- $10,382.50 from Street
Construction Fund)
Ward 5
OTION: That Change Order No. One to the contract with
Paul Gardner Corp. , for the modification of
traffic signals at Kendall Drive and University
Parkway, in accordance with Plan No. 7754/8299,
be approved; to authorize the contractor to
provide an A.C. overlay for the installation of
traffic signal loops (for northbound traffic) and
to widen the northwest corner of the intersection,
to accommodate traffic turning west onto Kendall
Drive, at an increase in the contract price of
$10, 382.50; from $69, 996. 00 to $80, 378.50.
7. ' Approval of Change Order No. Two -- authorizing provision of
Railroad Protective Liability Insurance Policy -- contract
increase of $6, 900. 00 -- installation of guard rail on
Little Mountain Drive, Rancho Avenue and Waterman Avenue --
Paladin Construction, Inc. (See Attached) (Cost to City--
$6,900.00 from Street Construction Fund) Wards 3 & 5
AOTION: That Change Order No. Two to the contract with
Paladin Construction, Inc. , for the installation
of guardrail on Little Mountain Drive, Rancho
Avenue, and Waterman Avenue, in accordance with
Plan No. 8262, be approved, to authorize the
contractor to provide a Railroad Protective
Liability Insurance Policy, at an increase in the
contract price of $6,900. 00; from $172, 543 .50 to
$179, 443 . 50.
4 1/20/93
8 . Approval of plans and authorization to advertise for bids--
in-fill street improvements at four locations on Kendall
Drive, Highland Avenue and State Street. (See Attached)
(Cost to City -- $36,674 from Assessment District Fund)
!MOTION:1 That the plans for construction of in-fill street
improvements at four (4) locations on Kendall
Drive, and at Highland Avenue and State Street, in
5 accordance with Plan No. 8841, be approved; and
that the Director of Public Works/City Engineer be
authorized to advertise for bids.
9. Results of decertification/recognition election - General
Employees' Bargaining Unit. (See Attached)
NOTION_ : That the Mayor and Common Council acknowledge
receipt of the Results of Representation Election
dated January 12 , 1993, and certify San Bernardino
Public Employees' Association as the General
Employees exclusive bargaining unit agent.
10. Refer subject of taxing single family rental units through
the business registration process to the Legislative Review
Committee. (See Attached)
NOTION: That the subject of taxing single family rental
units through the business registration process be
referred to the Legislative Review Committee.
11. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll, and the authorization
\ to issue warrants as listed on the memorandum
dated January 13, 1993 from the Director of
�7 Finance, be approved.
5 1/20/93
(Consent Calendar continued)
12 . Personnel Actions. (See Attached)
MOTION: That the personnel actions submitted by the Chief
Examiner dated January 7, 1993 , in accordance with
all administrative regulations of the City of San
Bernardino, be approved.
13 . Joint Powers Financing Authority - Regular Meeting.
MOTION: That the regular meeting of the Joint Powers
Financing Authority be adjourned to February 15,
,5- 1993 .
RESOLUTIONS
MOTION: That the following resolutions be adopted.
Civil Service
14 . Resolution of the City of San Bernardino authorizing
the execution of agreement with Carey B. Paul M.D. ,
relating to medical services. (See Attached) (Cost to
City --- $10,000 estimated from General Fund)
Library
15. Resolution of the City of San Bernardino authorizing
the execution of a contract with Vernadette L. Jordan
for services as the clerical staff to the Adult Basic
Education Program. (See Attached) (Cost to City--
$15,655 from California State Literacy Grant Fund)
Ward 1
Parks, Recreation & Community Services
16. Resolution of the Mayor and Common Council of the City
of San Bernardino approving the assignment of the lease
of Fiscalini field from Don Nomura to Elmore Sports
Group Ltd. subject to the review and approval of the
final assignment documents. (See Attached)
6 1/20/93
1
(Consent Calendar continued)
Personnel
17. Resolution of the City of San Bernardino amending
Resolution No. 6429 entitled in part "A resolution. . .
establishing a basic compensation plan for officers
and/or employees of the Police and Fire Departments of
the City of San Bernardino and_ repealing Resolution No.
92-457. (See Attached) A
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, or other City property. . . , " to
reserve 18 parking spaces for the exclusive use of the
City Parks and Recreation employees, on the public
parking lot located on the southeast corner of Sierra
Way and Sixth Street, applicable only from Monday
through Friday between the hours of seven a.m. and five
p.m. (See Attached) (Cost to City -- $400 from
General Fund) / j Ward 1
Telecommunications
19. � Resolution of the City of San Bernardino awarding a
purchase order to Octel Communications Corporation for
the furnishing of a voice processing system, to be
utilized by the Telecommunications Division providing
service for the City Clerk's Office and the Economic
Development Agency. (See Attached) (Cost to City--
` (� $31,624 - $9,624.00 from Telephone Hardware and $22,000
from Economic Development Agency)
ORDINANCE - FINAL READING
( NOTION: That the following ordinances be adopted.
20. Ordinance of the City of San Bernardino amending Chapter
19 . 04 , Section 19 . 04 . 030 (2) (C) of the San Bernardino
Municipal (Development) Code pertaining to large family day
care homes.
7 1/20/93
(Consent Calendar continued)
21. An ordinance of the City of San Bernardino adding Section
2 .56. 105 to the San Bernardino Municipal Code relating to
the power of the City Clerk to contract with civic and
service organizations to provide individuals to serve on
precinct boards in elections.
END OF CONSENT CALENDAR
CONTINUED ITEM
CONTINUED FROM DECEMBER 21, 1992
22 . Resolution of the City of San Bernardino authorizing the
execution of a Inter-Jurisdictional Discharge Agreement with
the City of Rialto relating to discharge of wastewater from
the City of San Bernardino into Rialto's sewage collection
system. (Backup material was distributed on November 16,
1992, Item 20. New staff report attached)
LOTION: That said resolution be adopted.
I
8 1/20/93
MAYOR AND COMMON COUNCIL
CITY OF SAN BERNARDINO
RECONVENE MEETING
PLANNING MATTERS
WEDNESDAY, JANUARY 20, 1993 - 2:00 P.M.
PRESENT
ABSENT
TO BE HEARD AT 2:00 P.M. - CONTINUED FROM JANUARY 11, 1993
23 . Appeal - Planning Commission's denial of Conditional Use
Permit No. 91-03 -- to construct a 45 unit senior citizen
apartment complex project. (Backup material was
distributed on January 11, 1993, Item No. 21. New staff
report attached)
Apyellant: Cliff Carel & Associates
Omer: Michael J. Murphy
Location: Ward 1. Located on the north side of Third
Street, between Allen Street and Sierra Way.
Staff recommendation: That the Mayor and Common Council
adopt the negative declaration, and approve Conditional Use
Permit No. 91-03 , subject to the conditions of approval
contained in Exhibit "G" and the standard requirements
contained in Exhibit "H" , based on the findings of fact
contained in Exhibits "E" and "F" .
Planning Commission recommendation: Deny the project based
on the fact that the site is unsuitable for senior housing,
and a re-design of the project will be of no benefit because
of location.
Mayor to open the hearing. . .
MOTION: That the hearing be closed and that the negative
declaration be adopted and Conditional Use Permit
No. 91-03 be approved based on findings of fact
contained in Exhibits "E" and "F" and subject to
the conditions of approval (Exhibit "G") and
standard requirements (Exhibit "H") of the staff
report dated December 16, 1992 . (Exhibit "B" of
this report) .
9 1/20/93
(Planning Matters continued)
TO BE HEARD AT 2:00 P.M. - CONTINUED FROM JULY 20, 1992
24 . Appeal of the Hearing Officer's Statement of Decision-
revocation of Conditional Development Permit No. 262-
Golden Eagle Motel - Hong Wen Yang & Lin Mei-Yung Yang.
(Backup material was distributed on May 4, 1992, Item No.
� • � 44. New staff report attached) Ward 1
Mayor to open the hearing . . .
MOTION: That the hearing be continued to April 5, 1993 to
allow completion of General Plan No. 92-11,
completion of the necessary improvements and
issuance of Certificates of Occupancy.
25. Adjournment.
MOTION: That the meeting be adjourned to Monday, February
1, 1993 , at 8: 30 a.m. , in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino,
California.
10 1/20/93
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.
11 1/20/93
SUPPLEMENTAL AGENDA
JANUARY 20, 1993
S-1 Resolution of the City of San Bernardino appointing election
officers and designating polling places pursuant to Section
2 . 56. 110 of the San Bernardino Municipal Code for the
Primary Municipal Election to be held March 2 , 1993 . (See
Attached) (Cost to City -- $25,500 from General Fund)
NOTION: That said resolution be adopted.
CL V/
S-2 Reconsider General Plan Amendment No. 92-06 and Tentative
Tract No. 15407 -- to change the land use designation from
RL, Residential Low, to RS, Residential Suburban and to
create a 110 single-family subdivision located on 33 . 24
acres at the southeast corner of Irvington Avenue and Olive
Avenue. (Backup material distributed December 21, 1992,
Item 42. New staff report attached) Ward 5
Resolution of the City of San Bernardino adopting the
negative declaration of environmental impact and adopting
General Plan Amendment No. 92-06 to the General Plan of the
City of San Bernardino. (See Attached)
MOTION: That Item 4Z,,` (December \ 1, 1992 agenda) be
reconsidered.
all �
S-3 Resolution of the City of San Bernardino amending Resolution
No. 88-280 entitled in part "Resolution .adopting
procedures for compliance with . . .Ralph M. Brown. . .Act" ;
.and amending Resolution No. 87-60 entitled in part
"Resolution. . .amending Resolution No. 87-1. . . "To place
the "Public Comments on items not on agenda" as the last
item on the agenda of the meetings of the Mayor and Council,
and to provide that public comment time to address matters
already listed on the regular or supplemental agenda be
limited to three (3) minutes, unless such time limit is
extended by the Mayor and Common Council with certain
exceptions; and authorizing and directing staff to prepare a
composite document of such procedures. (See Attached)
1W -°
DEPUTY CI CLERK
CITY CLERK'S OFFICE
AGENDA 2ND FLOOR
MAYOR AND COMMON COUNCIL/
COMMUNITY DEVELOPMENT COMMISSION
AND THE JOINT POWERS FINANCING AUTHORITY
OF THE CITY OF SAN BERNARDINO
"January 20, 1993 - 11:00 a.m."
(Joint Regular Meeting)
Council Chambers, City Hall
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CALL TO ORDER:
ROLL CALL:
PRESENT:
ABSENT:
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PUBLIC COMMENTS ON ITEMS NOT ON AGENDA)
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CONSENT CALENDAR
MOTION: That the motions indicated by Consent Calendar items numbered "1" through "3" be
adopted, except for items numbered:
1. JOINT POWERS FINANCING AUTHORITY
(Community Development Commission)
MOTION: That the Regular Meeting of the Joint Powers Financing Authority be continued
to Monday, February 15, 1993.
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JOINT REGULAR MEETING COMMISSION AGENDA
KJH:Imp:cdc-1jr2 1 Date: January 20, 1993
2. IN-FILL STREET IMPROVEMENTS ON ARTERIAL & COLLECTOR STREETS
(Community Development Commission)
MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BOB BRITTON,
INC., FOR INSTALLATION OF IN-FILL STREET IMPROVEMENTS ON
ARTERIAL AND COLLECTOR STREETS.
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3. LANDSCAPING OF OLD NAUGLES RESTAURANT
(Community Development Commission)
MOTION: That the Community Development Commission approve landscape
improvements in the amount of fifty percent (50%) , or approximately $12,000,
to the Old Naugles Restaurant property located on the southwest corner of
Lincoln and Highland Avenue at 1033 West Highland Avenue.
END OF CONSENT CALENDAR
4. CEMETERY EXPANSION -SUPPLEMENTAL FUNDING
(Community Development Commission)
(, �I" MOTION: That the Community Development Commission approve supplemental funding
in the amount of$120,000 to finance additional cemetery expansion activities.
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5. CITY LANDSCAPE AND BEAUTIFICATION PROGRAMS
(Community Development Commission)
MOTION: That the Community Development Commission authorize an expansion in the
scope of the 50/50 Landscape and Beautification programs allowing for such
activities to occur in unincorporated islands within the City limits and
unincorporated areas avithin the City's sphere of influence along previously
established major east-west and north-south corridors.
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JOINT REGULAR MEETING COMMISSION AGENDA
KJH:Imp:cdc-1jr2 2 Date: January 20, 1993
6. LOS PADRINOS COMMUNITY COALITION
)Community Development Commission)
o
f
MOTION: That the Community Development Commission discuss and take possible
action regarding the Los Padrinos Community Coalition. (See attached �u
memorandum from Councilman Hernandez). c
7. DUKES _DUKES AND ASSOCIATES LOAN AGREEMENT
(Community Development Commission)
(Councilwoman Pope-Ludlam's Recommendation)
MOTION: That the Community Development Commission consider a loan agreement
between Dukes - Dukes and Associates and the Redevelopment Agency in the
amount of$700,000.
Item will be passed out at the January 20, 1993 Commission Meeting.
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CLOSED SESSION
-4 8. ADJOURNED TO CLOSED SESSION C.4-e-x-
MOTION: That the Mayor and Common Council and Community Development
Commission recess to Closed Session for the following:
A. to confer with the attorney regarding pending litigation which has been initiated formally
to which the Commission is a party pursuant to Government Code Section 54956.9(a)
as follows:
B. to confer with the attorney regarding pending litigation pursuant to Government Code
Section 54956.9(b)(1), as there is significant exposure to litigation;
C. to confer with the attorney regarding pending litigation pursuant to Government Code
Section 54956.9(c), so that the Commission may decide whether to initiate litigation;
D. to give instruction to the 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:
E. to consider personnel matters pursuant to Government Code Section 54957.
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JOINT REGULAR MEETING COMMISSION AGENDA
KJH:Imp:cdc-1jr2 3 Date: January 20, 1993
END OF CLOSED SESSION
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9. ADJOURNMENT
MOTION: That the meeting of the Mayor and Common Council/Community Development
Commission be adjourned to Monday, February 1, 1993, at 11:00 a.m., in the
Council Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
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JOINT REGULAR MEETING COMMISSION AGENDA
KJH:Imp:cdc-1jr2 4 Date: January 20, 1993