HomeMy WebLinkAbout09-20-1993 Reg Mtg Agenda 9 3 AAC - �S
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AGENDA
REGULAR MEETING
MAYOR AND COMMON COUNCIL
CITY OF SAN BERNARDINO
MONDAY, SEPTEMBER 20, 1993 - 8 : 00 A.M.
COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL ,, J yyu
PRESENT:
tj
ABSENT:
CLOSED SESSION U A
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 ;
1 9/20/93
4
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:
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
549_57;
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:
Tomas Armendariz vs. James F. Penman, et al - United States
District Court Case No. 91-5757;
Wirth vs. Adams/City of San Bernardino - San Bernardino
Superior Court Case No. 251346;
Ibrahim vs. City of San Bernardino - San Bernardino Superior
Court Case No. SCV 02148 ;
Brenda Walker vs. City of San Bernardino, et al - United
States District Court Case No. 91-5239 LHM (JRx) ;
County of San Bernardino vs. City of San Bernardino-
Riverside Superior Court Case No. 224288 ;
Wesley vs. City of San Bernardino - San Bernardino Superior
Court Case No. 265422 .
END OF CLOSED SESSION =3 ei
2 9/20/93
•
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RECONVENE MEETING - 9 : 00 A.M.
ROLL CALL
PRESENT: �j z� �/� & 7
ABSENT: L T
INVOCATION:
PLEDGE:
Swearing-in ceremonies for newly-elected Councilman Jerry M.
Devlin will begin at 9 : 00 a.m. , in the City Council
Chambers, followed by a brief reception in the lobby of City
Hall.
The regular meeting of the Mayor and Common Council will
begin at approximately 9 : 30 a.m. , immediately after the
reception.
/2 . Announcements by Mayor and Council.
f3 . 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. )
r/4 . Presentations.
Service Pin Awards Ceremony.
Appointments. (See Attached) (Resumes available in the City
7�3 Clerk's Office)
Mayor Minor:
Mobilehome Rent Board -- Michael P. Maudsley
Mobilehome Rent Board - Alternate Member - Bill Farmer
Mobilehome Rent Board -- Richard Simon
Fine Arts Commission -- Mildred L. McKim
Fine Arts Commission - Alternate Member - Gwendolyn Roberts
Animal Advisory Commission - Alternate Member -- Andrea
Danne' Robbins
3 9/20/93
Appointments/Presentations Cont.
Mayor Minor:
Board of Building Commissioners - Alternate Member -- Hollis
L. Blake
Bureau of Franchises -- Bobby Dye
Central City Parking Place Commission - Alternate Member--
Jim Robbins
Community Development Citizen Advisory Committee -- Mrs.
Willie M. Brue
Fire Commission - Alternate Member -- Willie Clark
MOTION: That the Mayor and Council approve the
appointments requested by Mayor Minor.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar
items 5 through 24 be adopted except for -s ,
g ► ? , /O , _ 1/ , AL , /Cv , and /k�
a0 a / 2k z3 27
5. Waive further reading of all resolutions and ordinances.
MOTION: That further reading of all resolutions and
ordinances on the regular, supplemental and
Community Development Commission agendas, be
waived.
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 24 , 1993 (Delivered on 9/10/93)
August 2 , 1993 (Delivered on 9/03/93)
4 9/20/93
(Consent Calendar Continued)
7 . San Bernardino Special Municipal Election Results--
Se 14, 1993 -- 5th Ward. (See Attached)
MOTION: That the results of the Special Municipal Election
held on September 14 , 1993 , as set forth in the
Statement of Votes Cast and Certified, be declared
qh official as set forth in the document prepared by
C
the City Clerk's Office.
Appropriate Funds from 1992-93 Barrier Rail Program--
Rialto Avenue Grade Separation over Santa Fe Railway. (Cost
to City -- $196,000 from Street Construction Fund) (See
Attached) Ward 3
MOTION: That the appropriat„}.an--n $172 , 635 from the 1992-
#1 93 Barrier Ra ' rogram,
-0 finance 88 . 53% of the
/ cost for r acing the obsol to bridge rail -the
Rialto enue Grade Separati n over t anta Fe
p��#I93 Railw be approved, under A No. 242-362-
3(?.. � 5 74
II and
MOTION: That the tran of , 365 from Account No. 12
12 000-30405 "Unappropria d Reserve - 1 ent
Sales ax Fund, " to Acc unt No. 2 62-57401,
it ier Rail - Rialto A eparation, " be
a roved.
9 . Appropriate Funds from 1992-93 Barrier Rail Program--
Highland Avenue Bridge over Del Rosa Channel. (Cost to City
-- $27,500 from Street Construction Fund) (See Attached)
(Ward 4)
MOTION: That the appropriation of $23 , 460 from the 1992-93
#1 Barrier Rail Program, to finance 88 . 53% of the
cost for replacing the obsolete bridge rail on the
north side of Highland Avenue Bridge over the Del
Rosa Channel, be approved, under Account No. 242-
362-57402 .
and
MOTION. That the transfer of $4 , 040, from the Unappro-
#2 priated Reserve - 1/2 Cent Sales Tax Fund, Account
No. 129-000-30405, to Account No. 242-362-57402 ,
"Barrier Rail - Highland Avenue Bridge Over Del
Rosa Channel, " be approved.
5 9/20/93
(Consent Calendar Continued)
10 Authorization to proceed -- Proposed annexation of the
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territory located generally northeast of California State
Uni ity (Paradise Hills) . (See Attached) Ward 5
OTION: That the Director of Public Works/City Engineer
and the City Clerk be authorized to proceed with
r the proposed annexation of the territory located
generally northeast of California State
University, and that the plan for services
submitted by the Director of Public Works, be
approved.
11. Transfer of $112 , 500 of Storm Drain Construction Funds--
Installat:ion of storm drain in University Parkway, s/o
Varsity Avenue. (Cost to City -- $112,500 from Storm Drain
Construction Fund) (See Attached) Ward 5
MOTION: That the transfer of $112 , 500 from Account No.
248-368-57811, "Highland Avenue, from Patton State
Hospital to Orange Street, " to Account No. 248-
3 �0 368-57814 , " University Parkway, from Varsity
Avenue to a point 350 ' to the south, be approved.
12 . Request to form a task force -- Examine City's current
tobacco control ordinance -- California State University San
Bernardino -- Council Member Curlin. (See Attached)
OTION• That the request of California State University
San Bernardino relative to the formation of a task
force to examine the City' s current tobacco
control ordinance and to consider ways to update
all the ordinance to meet the community' s needs, be
approved.
13 . Claims and Payroll.
OTION That the claims and payroll, and the authorization
to issue warrants as listed on the memorandum
dated September 14 , 1993 from the Director of
Finance, be approved.
6 9/20/93
(Consent Calendar Continued)
14 . Personnel Actions. (See Attached)
NOTION: That the personnel actions submitted by the Chief
Examiner, dated September 9 , 1993 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.
15. Joint Powers Financing Authority - Regular Meeting.
NOTION: That the regular meeting of the Joint Powers
Financing Authority be adjourned. The next
�l 3 meeting will be held on Monday, October 18, 1993 .
RESOLUTIONS
NOTION: That the following resolutions be adopted.
Facilities Management
16. 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 ve ' es) on said properties.
31y
Personnel
17 . Resolution of the City of San Bernardino amending Resolution
6413 , Section Thirteen, Temporary/Part-Time Employees,
entitled in part a "Resolution . . . establishing a basic
compensation plan . . . " by updating information codifying
prioM il actions.
Public Services
18. A resolution of the Mayor and Common Council of the City of
San Bernardino, California, designating the Department of
Environmental Health Services as the local enforcement
agency. (See-Attached)
7 9/20/93
(Consent Calendar Continued)
Public Works jEngineering
19 . Resolution of the City of San Bernardino amending Res ition
No. 655 entitled, in part, "A resolution . . . desi Sting
certain :streets or portions thereof as through highk ; . .
. ; " and providing that Monterrey Avenue is a through ghway
at its inter ction with Pedl.ey Road. (See Attached; lard 2
20. Resolution of the City of San Bernardino authorizing the
execution of an agreement with JHK & Associates relating to
professional services for development of a Transportation
Demand Forecast Model. (Cost to City -- $149,858 from 1/2
Cent Sales Tax-Local Funds) (See Attached)
0 Purchasing
21. Resolution of the City of San Bernardino awarding a purchase
order to Fairview Ford for the furnishing and delivery of
one each, bucket lift truck, to be utilized by the Public
Works/Traffic Signals Department in accordance with Bid
Specification F-93-23 . (Cost to City -- $43,485.75 from
Vehicle Fteplac Fund) (See Attached)
Telecommunications
22 . Resolution of the City of San Bernardino approving the
transfer of Cable Television Franchise from Chambers Cable
of South California Inc. to the Marks Partners, L. P.
c�N.
Water
23 . A resolution of the Mayor and Common Council of the City of
San Bernardino, dedicating property known as Lot 30, Tract
11261 in the City of San Bernardino for Water Department
use. (See Attache
(�y /7
8 9/20/93
(Consent Calendar Continued)
ORDINANCE - FINAL READING
An ordinance of the City of San Bernardino amending Section
3 .44 . 040 of the San Bernardino Municipal Code expanding the
/ CATV users tax to a video users tax. (See Attached)
MOTION: That said ordinance be adopted.
y �
END OF CONSENT CALENDAR
PUBLIC HEARINGS
* Public hearings scheduled for a time certain 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.
25. Public hearing -- Mid-Management Employees Negotiations.
(See Attached)
Mayor to open the hearing.
MOTION: That the he closed; and that the ract
be im ed in accor ce with th y I s Last,
Be and Final Offer.
� 'mac" V, C' �
/ -�- 9 �� 9/20/93
CONTINUED ITEMS
CONTINUED FROM SEPTEMBER 7. 1993 - READING
26. Ordinance establishing a Human Relations Commission.
(Backup material was originally distributed on July 6, 1993,
Item No. 41. New staff report attached; ordinance received
its first reading on August 16, 1993) (Cost to City--
$40,000) (See Attached)
An ordinance of the City of San Bernardino adding Chapter
2 . 45 to the San Bernardino Municipal Code establishing a
Human elations Commission.
ION: That said ordinance be adopted; that he proposed -
Human Relations Commission budget in t4Te` amount 6T OO
$40, 000 be approved; and that the Director of
1U Finance be directed to incorporate that amount
into the FY 1993/94 City Budget.
CONTINUED FROM SEPTEMBER 7. 1.993
27 . Resolution of the City of San Bernardino approving and
adopting the final budget of said City for the Fiscal Year
1993/94 .
CONTINUED FROM SEPTEMBER 7. 1993
28 . Resolution of the City of San Bernardino amending Resolution
No. 8234 entitled, in part, "A resolution . . . establishing
parking time limitations upon certain designated streets,
alleys, or portions thereof . . ; " and authorizing the
implementation of a two-hour parking limitation on Orange
Show Lane between Arrowhead Avenue and three-hundred and
sixty-five feet west of Arrowhead Avenue, applicable to the
north id.e only. (See Attached)
OTION: That said resolution be adopted.
)/7
10 9/20/93
STAFF REPORTS
CONTINUED FROM SEPTEMBER 7. 1993
29 . Request to re-hear Mayor and Common Council 's decision to
uphold denial of issuance of operating permit of Police
Department -- Desert Inn Motel. (Backup material was
originally distributed September 7, 1993, Item 49. )
t
CONTINUED FROM SEPTEMBER 7. 1993
30. Proposed settlement -- Southland Surveying, Inc. -- Survey
services for widening South "E" Street Bridge. (Backup
material was originally distributed September 7, 1993, Item
50. ) Ward 3
- i
MOTION: That the proposed settlement by Southland
Surveying, Inc. , for providing survey services for
widening the South "E" Street Bridge at the Santa
Ana River, in the amount of $5, 000. 00 as payment
in full for the balance of $8, 205. 00 for their
,claim for extra work, be rejected.
L-//5
31. Request for deferment of development impact fees -- Spring
Mountain Homes Project. (See Attached) Ward 5
MOTION: That the request of Michael John Enterprises (MJE) /—
for the deferment o development impact f s
for the Spring M tain H es Project, as no d in
Attachment ."A" be approve
�e/
or
;111 u � MOTION: That t e request of Michael John Enterprises (MJE)
i 12 for a deferment of all development impact fees
for he Spring Mountain Homes Project, as noted in
At achment "A" , be denied.
69�( 11 9/20/93
32 . Commit to adopt core actions and consider discretionary
actions -- Transportation Control Measure Sub-Regional
Program. (See Attached)
17 to TION:-) That the proposed resolution committing to adopt
core actions, and consider discretionary actions,
under the Transportation Control Measure (TCM)
r (, ( Sub-Regional Implementation Program, be referred
l"9 ///✓" the Legislative Review Committee for review and
/ a recommendation.
33 . Request waiver of fees -- $202 . 50 -- Use of Hernandez
Community Center gymnasium - James Elder ' s All-American
Youth Foundation. (See Attached) Ward 1
MOTION: That the request to waive fees for rental of
11 Hernandez Center Gymnasium by James Elder' s A11-
American Youth Foundation in the amount of
$202 . 50, be denied.
or
MOTION: That the request to waive fees for rental of
12 Hernandez Center Gymnasium by James Elder ' s A11-
American Youth Foundation in the amount of
3 J� $202 . 50, be approved.
34 . Request waiver of fees -- $3 , 410. 00 -- 5th Annual Red Ribbon
Parade --- County of San Bernardino, Department of Public
Health, Henry Valles, Chairman. (See Attached)
MOTION: That the request for waiver of fees in the amount
#1 of $3 , 410 to assist with the Red Ribbon Parade
scheduled for October 23 , 1993 , be approved.
or
MOTION: That the request for waiver of fees in the amount
12 of $3 , 410 to assist with the Red Ribbon Parade
scheduled for October 23 , 1993 , be denied.
12 9/20/93
35. Designation of Voting Delegate -- League of California
Cities Annual Conference -- October 16 - 19, 1993 . (See
Attached)
,MOTION: That Council Member " be designated
as the City of San Bernardino ' s voting
representative for the League of California Cities
Annual Conference to be held October 16 - 19, 1993
in San Francisco, California; and that Council
Member 0 - be designated as the
alternate voting representative.
36. Request to change second regular Council meeting in October
1993 -- City Clerk Rachel Clark. (See Attached)
MOTION:. That the date of the second regular Council
meeting in October be changed to Thursday, October
21, 1993 .
37 . Approve allocation of funds in the amount of $1, 200 from the
Fine Arts Fiscal Year 1993/94 Budget for the purpose of a
"Workshop for the Arts" . (Cost to City -- $1,200 from
General Fund) (See Attached)
NOTION: To approve the allocation of funds in the amount
of $1, 200 from the Fiscal Year 1993-94 Fine Arts
Budget, for the purpose of a "Workshop for the
Arts" .
13 9/20/93
MAYOR AND COMMON COUNCIL
CITY OF SAN BERNARDINO
RECONVENE MEETING
PLANNING MATTERS
MONDAY, SEPTEMBER 20, 1993 - 2 : 00 P.M.
ROLL CALL 2, . U Ll f y►')
PRESENT: M q q 1L/
ABSENT: rt�r
38 . TO BE HEARD AT 2.00 P.M. - CONTINUED FROM AUGUST 2 1993
Appeal - Planning Commission's denial of Conditional Use
Permit No. 93-01 to allow off-site sale of hard liquor at
484 South Rancho Avenue. (Backup material was originally
distributed on July 6, 1993, Item No. 49) Ward 3
Applicant:/Owner: Ali Yasin.
Location: Ward 3. The subject property consists of
approximately 13 , 050 square feet located at the southwest
corner of Rancho Avenue and Chestnut Street, in the CN,
Commercial Neighborhood, General Plan land use designation.
Staff recommendation: That the Mayor and Common Council
deny the appeal and deny Conditional Use Permit No. 93-01,
based on the findings of fact contained in Exhibit 3 .
Planning Commission recommendation: Denied Conditional Use
Permit No. 93-01 to upgrade an ABC license to sell liquor at
existing convenience market, based on findings of fact
(Attachment B) . VOTE: Ayes: 6. Nays: 0. Absent: 3 .
Mayor to open the hearing . . .
MOTION; That the hearing be closed; that the appeal be
denied; and that Conditional Use Permit No. 93-01,
/ be denied.
�1
14 9/20/93
TO BE HEARD AT 2.00 P.M.
39 . Initiate Development Code Amendment -- Off-site ABC license
requirements. (See Attached)
MOTION: That the -PlarriTrg- Division be directed to prepare a
Development Code Amendment to consider options for
deleting or modifying distance requirements for
?) off-site ABC licenses for businesses located
\ 4-1 adjacent to other jurisdictions.
TO BE HEARD AT 2.00 P.M.
40. Appeal - Planning Commission ' s denial of Variance No. 93-09
-- To allow a wall sign 146 . 25 square feet in area for a
major tenant located in an existing multi-tenant retail
center at the northeast corner of Baseline Street and
Medical Center Drive. (See Attached) Ward 6
Applicant/Appellant: Heath and Company
Owner: New Frontier Properties
Location: The subject property is located in a 9 . 78 acre
multi-tenant shopping center at the northeast
corner of Baseline Street and Medical Center
Drive.
Staff recommendation: That the Mayor and Council uphold the
appeal and approve Variance No. 93-09 based on the attached
findings of facts (Exhibit 3) and conditions of approval
(Exhibit 4)
Planning Commission recommendation: A motion was made to
deny Variance No. 93-09, based upon the findings of facts
(Attachment B) . VOTE: Ayes: 4 . Nays: 3 .
Mayor to open the hearing . . .
,MOTIONz'� That the hearing be closed; and that the Mayor and
Council uphold the appeal and approve Variance No.
93-09, based on the findings of fact (Exhibit 3)
and conditions of approval (Exhibit 4) .
15 9/20/93
TO BE HEARD AT 2.00 P.K.
41. Appeal - Planning Commission's approval of Tentative Tract
No. 15494 and Conditional Use Permit No. 92-34 -- A proposal
to subdivide two parcels into eight lots and to construct
seven single-family dwelling units on seven of the eight
lots in the RL, Residential Low land use designation on the
easterly side of Grande Vista Avenue 300 feet south of
Edgemont Drive. (See Attached) Ward 5
Appellant: Ronald Perez
Applicant/Owner: G & D Construction, Inc.
Location_ Ward 5. The project site has a 50 foot frontage
�ll ,l on the easterly side of Grande Vista Avenue, beginning about
300 feet south of Edgemont Drive and extending east from
ttom ' Grande Vista Avenue about 1, 500 feet in the Hillside
a� 9 Management Overlay District (HMOD) .
Staff recommendation: That the Mayor and Council deny the
appeal and uphold the Planning Commission' s adoption of the
mitigated negative declaration and approval of the
a. Mitigation Monitoring/Reporting Program; and approval of
Tentative Tract No. 15494 and Conditional Use Permit No. 92-
34 based on the attached findings of fact (Attachments 6 & 7
of Attachment G) and subject: to the conditions of approval
(Attachment 8 of Attachment G) and standard requirements
(Attachment 9 of Attachment G) .
Planninct Commission recommendation: Adopt the mitigated
negative declaration and approve the Mitigation
Monitoring/Reporting Program; and approve Tentative Tract
No. 15494 and Conditional Use Permit No. 92-34 . VOTE:
Ayes: 4 . Nays: 3 . Absent: 2 .
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that the Mayor and
Council uphold the Planning Commission' s adoption
of the mitigated negative declaration and approve
the Mitigation Mori itoring/Reporting Program; and
approve Tentative Tract No. 15494 and Conditional
Use Permit No. 92-34 , based on the findings of
,, fact and subject to the conditions of approval.
r
II
1.6 9/20/93
42 . Adjournment.
MOTION: That the meeting be adjourned. The next meeting
will be held at 8:00 a.m. , Monday, October 4,
1993, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
i
17 9/20/93
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 publi.c 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 comments 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.
public comments will not be received on any item on the
agenda when a public hearing has been conducted and
closed.
g 9 /20/93
AGENDA
SEPTEMBER 20, 1993
PLEASE SEE ATTACHED LIST FROM CITY ATTORNEY'S OFFICE FOR CLOSED
SESSION ITEMS.
ANNOUNCEMENTS BY MAYOR AND COUNCIL
Service pin award ceremony
APPOINTMENTS/PRESENTATIONS
Appointment -- Mobilehome Board -- Michael P. Maudsley --
Mayor Minor
Appointment (Alternate Member) -- Mobilehome Board -- Bill
Farmer -- Mayor Minor
Re-Appointment -- Mobilehome Board -- Richard Simon -- Mayor
Minor
Appointment -- Fine Arts Commission -- Mildred L. McKim --
Mayor Minor
' Appointment (Alternate Member) -- Fine Arts Commission --
Gwendolyn Roberts -- Mayor Minor
Appointment (Alternate Member) -- Animal Advisory Commission
-- Andrea Danne' Robbins -- Mayor Minor
Appointment (Alternate Member) -- Board of Building
Commissioners -- Hollis L. Blake -- Mayor Minor
Appointment -- Bureau of Franchises -- Bobby Dye --
Mayor Minor
Appointment (Alternate Member) -- Central City Parking Place
Commission -- Jim Robbins -- Mayor Minor
Appointment -- Community Development Citizen Advisory
Committee -- Mrs. Willie M. Brue -- Mayor Minor
J Appointment (Alternate Member) -- Fire Commission --
Willie Clark -- Mayor Minor
CONSENT CALENDAR
motion:
That the motions indicated by Consent Calendar Items
through , be adopted, except for ,
and
`San Bernardino Special Municipal Election Results -- September 14 ,
1993 -- 5th Ward
Appropriation of Funds from 1992 - 93 Barrier Rail Program --
Rialto Avenue Grade Separation over Santa Fe Railway (WARD 3) Cost
to City -- $196,000 from Street Construction Fund.
JNAppropriation of Funds from 1992 - 93 Barrier Rail Program --
Highland Avenue Bridge over Del Rosa Channel (WARD 4) Cost to City
-- $27,500 from Street Construction Fund.
Authorization to Proceed -- Proposed Annexation of the territory
located generally Northeast of California State University
(Paradise Hills) (WARD 5) .
Transfer of $112 , 500 of Storm Drain Construction Funds --
installation of storm drain in University Parkway, s/o Varsity
Avenue (WARD 5) Cost to City $112,500 from Storm Drain Construction
Fund.
Claims and Payroll
% Personnel Actions
AGENDA
September 20, 1993
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.
PERSONNEL
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413 ,
SECTION THIRTEEN, TEMPORARY/PART-TIME EMPLOYEES, ENTITLED IN PART
A "RESOLUTION. . . .ESTABLISHING A BASIC COMPENSATION PLAN. . . " BY
UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS.
PUBLIC SERVICES
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DESIGNATING THE DEPARTMENT OF ENVIRONMENTAL
HEALTH SERVICES AS THE LOCAL ENFORCEMENT AGENCY.
PUBLIC WORKS
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO.
655 ENTITLED, IN PART, "A RESOLUTION . . . DESIGNATING CERTAIN
STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS . ; " AND
PROVIDING THAT MONTEREY AVENUE IS A THROUGH HIGHWAY AT ITS
INTERSECTION WITH PEDLEY ROAD. (WARD 2)
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH JHK & ASSOCIATES RELATING TO PROFESSIONAL
SERVICES FOR DEVELOPMENT OF A TRANSPORTATION DEMAND FORECAST MODEL.
Cost to the City -- $149,858 (1/2 cent Sales Tax-Local Funds)
PURCHASING
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER
TO FAIRVIEW FORD FOR THE FURNISHING AND DELIVERY OF ONE EACH,
BUCKET LIFT TRUCK, TO BE UTILIZED BY THE PUBLIC WORKS/TRAFFIC
SIGNALS DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-93-23 .
Cost to City -- $43,485.75 from Vehicle Replacement Fund.
TELECOMMUNICATIONS
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE TRANSFER OF
CABLE TELEVISION FRANCHISE FROM CHAMBERS CABLE OF SOUTHERN CAL. ,
INC. TO THE MARKS PARTNERS, L.P.
WATER
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, DEDICATING PROPERTY KNOWN AS LOT 30, TRACT 11261 IN THE
CITY OF SAN BERNARDINO FOR WATER DEPARTMENT USE.
AGENDA
SEPTEMBER 20, 1993
PUBLIC HEARINGS
ALL ITEMS SCHEDULED TO BE HEARD AT 10:00 A.M.
MID-MANAGEMENT EMPLOYEES' NEGOTIATIONS - IMPASSE HEARING
Motion: That the hearing be closed; and that the contract be
imposed in accordance with the City's Last, Best and
Final Offer.
AGENDA
CONTINUED ITEMS
September 20, 1993
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2 . 45 TO
THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A HUMAN RELATIONS
COMMISSION.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE
FINAL BUDGET OF SAID CITY FOR THE FISCAL YEAR 1993/94 .
AGENDA
PLANNING
September 7 , 1993
TO BE HEARD AT 2 :00 P.M.
(THIS ITEM TO BE HEARD IMMEDIATELY FOLLOWING APPEAL OF PLANNING
COMMISSION DENIAL CUP93-01)
Initiation of Development Code Amendment -- Off site ABC License
Requirements.
,/;,�Appeal of Variance No. 93-09 -- Alpha Beta signage. (WARD 6)
Appeal of Tentative Tract No. 15494 and Conditional Use Permit No.
92-34 to subdivide 10. 4 acres into eight lots and to construct
seven dwelling units on seven of the lots on a site located east
and adjacent to Grande Vista Avenue and 300 feet south of Edgemont
Drive in the HMOD. (WARD 5)
SUPPLEMENTAL AGENDA
SEPTEMBER 20, 1993
S-1 Personnel Action. . .
GENERAL FUND
NAME/DEPARTMENT REQUESTED ACTION
Sullivan, Robert Appointment: Law
POLICE Enforcement Trainee
(L.E.T. )
Range: PT, Flat
$2419/mo.
Eff: 9-30-93
Urgency: One position currently open for enrollment in
the Police Academy, beginning 10-04-93 Next
available Academy begins 01-31-94
✓S-2 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 92-408 ENTITLED, IN PART, "A RESOLUTION
. . . ESTABLISHING PARKING RESTRICTIONS FOR THE CENTRAL
CITY MALL AREA AND THE FIVE-LEVEL CIVIC CENTER PARKING
STRUCTURE . . " TO RESERVE EIGHT PARKING SPACES FOR THE USE
OF THE ECONOMIC DEVELOPMENT AGENCY, IN THE SECOND LEVEL
OF THE FIVE-LEVEL CIVIC CENTER PARKING STRUCTURE. (AWD /)
✓S-3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
CHIEF OF POLICE TO FILE A GRANT APPLICATION WITH THE
DEPARTMENT OF JUSTICE FOR ADDITIONAL POLICE OFFICERS
PURSUANT TO THE POLICE HIRING SUPPLEMENT PROGRAM AND
AUTHORIZING THE CITY'S CONTRIBUTION OF MATCHING FUNDS
OVER THE LIFETIME OF THE GRANT.
S-4 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
CONTRACT TO GRGO & GORDON GRBAVAC CONSTRUCTION COMPANY,
INC. FOR INSTALLATION OF SMALL CANYON STORM DRAIN FROM
HIGHLAND AVENUE TO ATLANTIC AVENUE ,j(02-11100 1'e4 r sTcweM beA`AJ itlp
TrAC COST TO cony:
w rzD 4)
That the transfer of $58 , 741 from Account No. 248-368-57811,
Highland Avenue - Phase I , Patton Hospital to Orange Street , "
to Account No . 248-368-57826 "Small Canyon Channel" -- Atlantic
Avenue to Highland Avenue , " be approved.
e`AAA1 8=
OR
That the bids for installation of the Master Plan Storm
Drain for Small Canyon Channel, in accordance with Plan
No. 8990, be rejected; that Change Order No. 1 to the
contract with Bear Valley Paving, for construction of
` street improvements on Highland Avenue for the Wal-Mart
complex, in accordance with Plan No. 8801, be approved,
to authorize the Contractor to install interim drainage
facilities at an increase in the contract price of
$32 , 000, from $552 , 832 . 00 to $584 , 832 . 00; and that the
remaining funds in Account No. 248-368-57826, "Small
Canyon Channel - Atlantic Avenue to Highland Avenue, " be
transferred to the unappropriated reserve in the Storm
Drain Construction Fund (248) .
S-5 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
CONTRACT TO HOVEY ELECTRIC, INC. FOR INSTALLATION OF
TRAFFIC SIGNALS AND HIGHWAY LIGHTING AT ARROWHEAD AVENUE
AND SEVENTH STREET.G'o.5T Tl) T� - �6� F��'� T,Q, Xrvc
:5 sTtr»C 1zj--F",Ae1) Palo /
City Clerk (1)
Second Floor SUPPLEMENTAL AGENDA
SEPTEMBER 20, 1993
S-1 Personnel Action.
NAME/DEPARTMENT APPOINTMENT
Sullivan, Robert Law Enforcement Trainee
Police Department (L.E.T. )
Range: PT, Flat $2419/mo.
Effective 9-30-93 .
Urgency: One position currently open for enrollment in the
Police Academy, beginning 10-04-93 Next
available Academy begins 01-31-94
OTION That the appointment of Robert Sullivan, for the
Police Department, be approved.
to
S-2 Resolution of the City of San Bernardino amending Resolution
No. 92-408 entitled, in part, "A resolution .
establishing parking restrictions for the Central City Mall
Area and the Five-Level Civic Center Parking Structure . .
. " to reserve eight parking spaces for the use of the
Economic Development Agency, in the second level of the
Five-Level Civic Center Parking Structure. (Cost to City--
$30 - Assemblyman to cover costs) (See Attached)
OTION: That said resolution be adopted.
1 9/20/93
� 2
E
S-3 Resolution of the City of San Bernardino authorizing the
Chief of Police to file a grant application with the
Depai .-ment of Justice for additional police officers
pursuant to the Police Hiring Supplement Program and
authorizing the City' s contribution of notching funds over
the lifetime of the grant. (See Attached)
OTION: That said resolution be adopted.
y &
S-4 Resolution of the City of San Bernardino awarding a contract
to Grgo & Gordon Grbavac Construction Company, Inc. for
installation of Small Canyon Storm Drain from Highland
Avenue to Atlantic Avenue. (Cost to City -- $211,000 from
Storm Drain Construction Fund) Ward 4
P1
MOTION: That said resolution be adopted; and that the
transfer of $58, 741 from Account No. 248-368-
57811 , "Highland Avenue - Phase I, Patton
q1_5 Hospital to Orange Street, " to Account No. 248-
368-57826 "Small Canyon Channel" Atlantic
Avenue to Highland Avenue" , be approved.
or
Plan B
MOTION: That the bids for installation of the Master Plan.
Storm Drain for Small Canyon Channel , in
accordance with Plan No. 8990, be rejected; that
Change Order No. 1, to the contract with Bear
Valley Paving, for construction of street
improvements on Highland Avenue for the Wal-Mart
complex, in accordance with Plan No. 8801, be
approved, to authorize the contractor to install
interim drainage facilities at an increase in the
contract price of $32 , 000, from $552 , 832 . 00 to
$584, 832 . 00; and that the remaining funds in
Account No. 248-368-57826, "Small Canyon Channel-
Atlantic Avenue to Highland Avenue" , be
transferred to the unappropriated reserve in Storm
Drain Construction Fund (248) .
2 9/20/93
S-5 Resolution of the City of San Bernardino awarding a contract
to Hovey Electric, Inc. for installation of traffic signals
and highway lighting at Arrowhead Avenue and Seventh Street.
(Cost to City -- $66,500 from Traffic Systems Fee Fund)
r I3 Ward 1
MOTION: That said resolution be adopted.
3 9/20/93
RACHEL LARK
CITY Ct ARK
AGENDA 2ND k-')OR
MAYOR AND COMMON COUNCIL/
COMMUNITY DEVELOPMENT COMMISSION
AND THE JOINT POWERS FINANCING AUTHORITY
OF THE CITY OF SAN BERNARDINO
"September20, 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)
--------------------
CONSENT CALENDAR
MOTION: That the motions indicated by Consent Calendar items numbered "1"through "8" 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, October 18, 1993.
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JOINT REGULAR MEETING COMMISSION AGENDA
KJH:Imp:cdc-9jr2 1 Date: September 20, 1993
Purchasing Department
2. TREE TRIMMING, CITY WIDE
(Mayor and Common Council
MOTION: f' RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND WEST COAST ARBORISTS INC., RELATING TO TREE
TRIMMING SERVICES FOR TREE TRIMMING PURPOSES.
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Public Works Department
3. HANDICAPPED RAMPS VARIOUS LOCATIONS
(Mayor and Common Council
MOTION: RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
�_.. � CONTRACT TO B-1 ENTERPRISE CORPORATION FOR INSTALLATION OF
HANDICAPPED RAMPS AT VARIOUS LOCATIONS.
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Development Department
4. REPROGRAMMING OF COMMUNITY DEVELOPMENT BLOCK GRANT Cf DBG) FUNDS TO
HANDICAPPED ACCESSIBILITY PROJECT
(Mayor and Common Council
MOTION: That the Mayor and Common Council approve the transfer and reprogramming
of Community Development Block Grant (CDBG) funds in the amount of
$31,968.44 for the Handicapped Accessibility Project.
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JOINT REGULAR MEETING COMMISSION AGENDA
KJH:Imp:cdc-9jr2 2 Date: September 20, 1993
5. TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT C( DBG) FUNDS FOR
PARKS, RECREATION AND COMMUNITY SERVICES PROJECTS
(Mayor and Common Council
MOTION: That the Mayor and Common Council approve the transfer of Community Block
Grant (CDBG) funds between certain Parks, Recreation and Community
Services Department projects.
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6. SAN BERNARDINO MITSUBISHI CERTIFICATE OF COMPLETION
(Community Development Commission)
MOTION: That the Community Development Commission ratify the execution of a
Certificate of Completion and Waiver and Release of Right of Reentry in
connection with a refinancing of San Bernardino Mitsubishi's automobile
dealership property.
--------------- ---------------
7. APPROVAL OF MT. VERNON CORRIDOR TAXING AGREEMENT WITH THE COUNTY
SUPERINTENDENT OF SCHOOLS
--, (Community Development Commission)
MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
EXECUTION OF A CERTAIN FISCAL IMPACT AGREEMENT WITH THE
�J COUNTY SUPERINTENDENT OF SCHOOLS IN CONNECTION WITH THE
ADOPTION OF THE MT. VERNON CORRIDOR REDEVELOPMENT
PROJECT AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN
ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33401.
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JOINT REGULAR MEETING COMMISSION AGENDA
KJH:Imp:cdc-9jr2 3 Date: September 20, 1993
8. RESOLUTION OF SUPPORT FOR CAL-EPA ONE-STOP PERMIT CENTER
(Mayor and Common Council
MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO SUPPORTING THE LOCATION OF CAL-EPA INLAND
EMPIRE ONE-STOP PERMIT CENTER WITHIN THE CITY OF SAN
BERNARDINO.
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END OF CONSENT CALENDAR
9. MACY/BLAKE SEWER
Ma or and Common Council
MOTION A: That the Mayor and Common Council approve CDBG funds in an amount not-
to-exceed $25,000 to underwrite the Macy/Blake Sewer Project contingent upon
the County of San Bernardino paying one-half(1/2) of the required costs.
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MOTION B: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
_.r SAN BERNARDINO MAKING FINDINGS AND DETERMINATIONS AS TO THE
BENEFIT OF UNDERTAKING CERTAIN BLIGHT REDUCING ACTIVITIES
FOR THE STATE COLLEGE REDEVELOPMENT PROJECT AREA OF THE
} SAN BERNARDINO REDEVELOPMENT AGENCY.
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CLOSED SESSION
10. ADJOURN TO CLOSED SESSION
MOTION: That the Mayor and Common Council and Community Development
Commission recess to Closed Session for the following:
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JOINT REGULAR MEETING COMMISSION AGENDA
KJH:Imp:cdc-9jr2 4 Date: September 20, 1993
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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11. ADJOURNMENT
MOTION: That the meeting of the Mayor and Common Council/Community Development
Commission be adjourned to Monday, October 4, 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-9jr2 5 Date: September 20, 1993
r
RACHEL CLARK
CITY CLERK
SUPPLEMENTAL 2ND FLOOR
AGENDA
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
3
"September 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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RS-1. PROJECT ADMINISTRATOR CONTRACT -STATE CONSOLIDATED OFFICES AND
CALTRANS BUILDING
(Community Development Commission)
MOTION: That the Community Development Commission authorize the Agency
Administrator to draft and execute a thirty (30) month contract with the
Staubach Company in the amount of$364,000 for project administration
N 1 1 services for the Design and Construction of the State Consolidated Offices and
Caltrans Building on the Superblock.
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JOINT REGULAR MEETING COMMISSION SUPPLEMENTAL AGENDA
KJH:Imp:supp-9jr2 1 Date: September 20, 1993
CONTINUED FROM SEPTEMBER 7, 1993
RS-2. ADMINISTRATIVE ASSISTANT TO COUNCIL/COMMISSION
or-
Ma or and Common Council
(Councilman Hernandez's Recommendation)
M"ON A: That the Mayor and Common Council establish the position of Administrative
Assistant to the Council/Commission.
-Xdmin --------- ---------------
nity Development Commission)
MOTION B: nity Development Commission appropriate sufficient funds from
A budget to fund the newly-established position of
ssistant to the Council/Commission.
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o and Common Council
MOTION C: That the Mayor and C mon Council establish the salary for said position from
$3117 per month to $37 per month.
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MOTION D: That the Mayor and Common Coun hire Mr. Kenneth Johnston, effective
September 16, to fill said position at St 3.
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MOTION E: That the Mayor and Common Council assign Mr. Johnsto to the Council Office
under the direct supervision of the Council Executive Assist nt.
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CLOSED SESSION
RS-3. ADJOURNED TO CLOSED SESSION
MOTION: That the Mayor and Common Council and Community Development
Commission recess to Closed Session for the following:
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JOINT REGULAR MEETING COMMISSION SUPPLEMENTAL AGENDA
- KJH:Imp:supp-9Jr2 2 Date: September 20, 1993
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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END OF CLOSED SESSION
RS-4. ADJOURNMENT
MOTION: That the meeting of the Mayor and Common CouncilfCommunity Development
Commission be adjourned to Monday, October 4, 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 SUPPLEMENTAL AGENDA
KJH:'cnp:supp-qjl2 3 Date: September 20, 1993