HomeMy WebLinkAbout10-04-1993 Reg Mtg Agenda AGENDA
REGULAR MEETING
MAYOR AND COMMON COUNCIL
CITY OF SAN BERNARDINO
MONDAY, OCTOBER 4 , 1993 - 8 : 00 A.M.
COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
PRESENT: /�. 2, 3 ,1/ S �./rlo2,��'��Uy, �. e6/f�',�
ABSENT: C 7 J d':02 .'D,4/ 6�--�
CLOSED SESSION
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 10/4/93
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
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:
Tomas Armendariz vs. James F. Penman, et al - United States
District Court Case No. 91-5757;
Brenda Walker vs. City of San Bernardino, et al - United
States District Court Case No. 91-5239 LHM (JRx) ;
E.L. Yeager vs. City of San Bernardino - Office of
Administrative Hearings Arbitration Case No. A-0024-92 ;
Julie Thompson vs. City of San Bernardino - United States
District Court Case No. 92-888 GLT (RWRx) .
END OF CLOSED SESSION
Y ,17
2 10/4/93
RECONVENE MEETING - 9: 00 A.M.
ROLL CALL
PRESENT: / �- `� S °�✓. �� i
ABSENT:
INVOCATION:
PLEDGE: 7
t/2 . Announcements by Mayor and Council.
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.
Advisory Commission on Water Policy -- Member -- Mayor Minor
(See Attached)
Advisory Commission on Water Policy -- Alternate Member--
Council Member Negrete (See Attached)
MOTION: That the recommendation to appoint Mayor Tom Minor
as a member representative to the Advisory
03 4- Commission on Water Policy; and Council Member
Edward "Eddie" Negrete as an alternate member to
the Advisory Commission on Water Policy, be
approved.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar
items 5 through 24 be adopted except for 45- ,
and
3 10/4/93
(Consent Calendar Continued)
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.
OTION: 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:
July 6, 1993 (Delivered on 9/30/93)
August 16, 1993 (Delivered on 9/20/93)
7. Set annual public meeting and public hearing -- 4th Monday
of May and 4th Monday of June each year to hear comments and
protests relative to increased annual special assessments.
(See Attached)
0114
MOTION: -fit-. s ant-to-new changes to the Brown---Act-j- the
City Council m conduct two (2) annual special
meetings to hear comments and protests relative to
q increased annual special assessments , such
meetings to commence at 10: 00 a.m. on the 4th
Monday of May and the 4th Monday of June each
year.
8 . Approval of plans and authorization to advertise for bids--
installation of guardrail on Palm Avenue to City Creek.
(Cost to City $206,000 from Street Construction Fund. ) (See
Attached) Ward 1
"MOTION: That the plans for installation of guardrail on
Palm Avenue at City Creek, in accordance with
Plan No. 90041 be approved; and that the Director
of Public Works/City Engineer be authorized to
Jadvertise for bids.
4 10/4/93
(Consent Calendar Continued)
9 . Claims and Payroll. (See Attached)
�MOTION/ That the claims and payroll, and the authorization
_� to issue warrants as listed on the memorandum
y�r dated September 28, 1993 from the Director of
Finance, be approved.
10. Personnel Actions. (See Attached)
MOTION% That the personnel actions submitted by the Chief
-- Examiner, dated September 23 , 1993 in accordance
#je J$ Ll with Civil Service Rules and Personnel Policies
_Zt adopted by the Mayor and Common Council of the
Aye - r�� City of San Bernardino, be approved and ratified.
`7 7, . L
RESOLUTIONS
MOTION: That the following resolutions be adopted.
Administration
11. Resolution of the City of San Bernardino authorizing the
execution of an agreement with San Bernardino Associated
Governments to lease four (4) parking spaces in Central City
Parking District Lot #3 . (See Attached) Ward 1
9 y3 - 3 (, 7
12 . Resolution of the City of San Bernardino authorizing .the
execution of an agreement with Lier Music regarding ten (10)
parking spaces in Central City Parking District Lot #1.
(See Attac d Ward 1
? 3 - 3(V ?
5 10/4/93
v t
cl A
(Consent Calendar Continued)
Fire
13 . Resolution of the Mayor and Common Council of the City of
San Bernardino approving an agreement with the San
Bernardino International Airport Authority for aircraft
rescue firefighting services.
��, 73 - 3& 9
Parks, Recreation & Community Services
14 . Resolution of the City of San Bernardino authorizing the
preparation and execution of applications and agreements for
San Bernardino County Community Services Food Distribution
Program at Mill Community Center and repealing Resolution
93-114. ee Attached) Ward 1
�� t � 3 - 370
Personnel
15. 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 an Fire Departments of the City of San Bernardino.
y3-372
Public Services
16. Resolution of the City of San Bernardino confirming costs of
abatement of public nuisances and imposing liens on certain
real property located within the City of San Bernardino for
the costs of the abatement. (Weed Abatement) (See
Attached)
93 - 37)-
6 10/4/93
(Consent Calendar Continued)
17 . Resolution of the Mayor and Common Council of the City of
San Bernardino , California , approving the site
identification and description for the Phelan/SBCo Sanitary
Landfill facility (Facility Identification #36-AA-0044) .
(See Attache
q1 q3 - 37;L,
18. Resolution of the Mayor and Common Council of the City of
San Bernardino , California , approving the site
identification and description for the Barstow/SBCo Sanitary
Landfill facility (Facility Identification #36-AA-0046) .
(See Attac hed
�� � - 73 - 373
19 . Resolution of the Mayor and Common Council of the City of
San Bernardino , California , approving the site
identification and description for the Yermo/SBCo Sanitary
Landfill facility (Facility Identification #36-AA-0047) .
(See Attach
L��� � 3 -37-Y
20. Resolution of the Mayor and Common Council of the City of
San Bernardino , California , approving the site
identification and description for the Apple Valley Sanitary
Landfill facility (Facility Identification #36-AA-0048) .
(See Attached)
Cl/ �3 -3 7.5'
21. Resolution of the Mayor and Common Council of the City of
San Bernardino , California , approving the site
identification and description for the Baker Sanitary
Landfill facility (Facility Identification #36-AA-0049) .
(See Attached)
1
7 10/4/93
(Consent Calendar Continued)
22 . Resolution of the Mayor and Common Council of the City of
San Bernardino , California , approving the site
identification and description for the Hesperia/SBCo
Sanitary Landfill facility (Facility Identification #36-
AA-0050) . --� (See Attached)
yI� � 3-3 79
Public Works/Engineering
023 . Resolution of the City of San Bernardino authorizing the
execution of a first amendment to agreement with David Evans
and Associates (DEA) pertaining to a modification of Task 7
of Exhibit 111" (Environmental Site Assessment) for the
extension of Orange Show Road from Arrowhead Avenue to
Tippecanoe Avenue. (Cost to the City -- $13,588 from Street
Constructip Fund. ) (See Attached) Wards 1 & 3
93- 379
024. Resolution of the Mayor and Common Council of the City of
San Bernardino noticing a public meeting and a public
hearing relative to the formation of Underground Utility
District No. 23 , generally located along portions of Orange
Show Road and the proposed extension thereof from Arrowhead
Avenue to Tippecanoe Avenue. (See Attached) Wards 1 & 3
END OF CONSENT CALENDAR
8 10/4/93
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. - CONTINUED FROM SEPTEMBER 7 1993
25. Public hearing -- Increase sewer service charge within and
outside the City of San Bernardino. (Backup material was
originally distributed on September 7, 1993, Item No. 40)
Resolution of the City of San Bernardino fixing and
establishing charges for services and facilities furnished
by the City sewerage collection and treatment system located
inside the incorporated territory of the City; providing
that users located outside the incorporated territory of the
City may receive sewer services; authorizing the Director of
Public Works/City Engineer to execute agreements for users
located outside the incorporated territory of the City
subject to certain terms and conditions; and repealing
Resolution No. 91-361.
Mayor to 7at the hearing . . . 3/
MOTION: the hearing be closed; and that said
resolution be adopted.
TO BE HEARD AT 10:00 A.M.
26. Public hearing -- Resolution determining that the public
interest and necessity requires the acquisition of certain
real property along the north side of 40th Street, west of
Acre Lane. (Cost to the City -- $23,298 from 1/2 Cent Sales
Tax Fund. ) (See Attached) Ward 4
Resolution of the City of San Bernardino finding and
determining that the public interest and necessity requires
the acquisition of certain real property in fee for public
purposes and all uses appurtenant thereto along the north
side of 40th Street, west of Acre Lane.
(See next page for motion)
9 10/4/93
i
3,
3
26. Continued.
Mayor to open the hearing . . .
MOTION: That the hearing allowing owners of property
located on 40th Street, west of Acre Lane, the
opportunity to appear and be heard relative to
Z eminent domain proceedings, be closed; and that
said resolution be adopted.
rr- 93 - �25
RESOLUTION
CONTINUED FROM SEPTEMBER 20, 1993
27. Resolution of the City of San Bernardino approving the
transfer of Cable Television Franchise from Chambers Cable
of Southern California, Inc. to the Marks Partners, L.P.
OTION That said resolution be adopted.
73-3 � 3
CONTINUED ITEMS
CONTINUED FROM SEPTEMBER 20, 1993
28 . 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) (Backup
material was distributed on September 20, 1993, Item No. 8)
Ward 3
(See next page for motions)
10 10/4/93
28. Continued.
MOTION: That the appropriation of $172 , 635 from the 1992-
#1 93 Barrier Rail Program, to finance 88 . 53% of the
cost for replacing the obsolete bridge rail on the
3 L� Rialto Avenue Grade Separation over the Santa Fe
Railway, be approved, under Account No. 242-362-
57401.
and
XOTIO That the transfer of $23 , 365 from Account No. 129-
�2 000-30405, "Unappropriated Reserve 1/2 Cent
/ Sales Tax Fund, " to Account No. 242-362-57401,
- "Barrier Rail - Rialto Avenue Separation, " be
approved.
CONTINUED FROM SEPTEMBER 20, 1993
29. Proposed settlement -- Southland Surveying, Inc. -- survey
services for widening South "E" Street Bridge. (Backup
material was originally distributed September 7, 19931 Item
50. ee Attached) Ward 3
MOTION: That the proposed settlement by Southland
Surveying, Inc. , for providing survey services for
widening the South "E" Street Bridge at the Santa
Vj Ana River, in the amount of $5, 000. 00 as payment
gyp` in full for the balance of $8, 205. 00 for their
jt�) claim for extra work, be rejected.
CONTINUED FROM SEPTEMBER 20 1993
30. Request for deferment of development impact fees -- Spring
Mountain Homes Project. (Backup material was originally
distributed on September 20, 1993, Item No. 31) Ward 5
(See next page for motion)
p�
10/4/93
30. Continued.
NOTE: Item was referred to the Legislative Review
Committee; however the LRC meeting was cancelled,
and therefore the matter must be continued for
two weeks.
NOTION: That the request for deferment of development
impact fees--f-or--the Spring Mounta 'n Homes Project
be co nued to e next uncil Meeting on
V Octo r 21, 1993 .
4 L,Q�
STAFF REPORTS
31. Request by Council Member Hernandez -- to reconsider
initiation of a development code amendment -- offsite ABC
license requirements. (See Attached) (Backup material was
originally distributed on September 20, 1993, Item No. 39--
Notion failed)
(9h
32 . Request by Council Member Hernandez -- to reconsider action
-- Appeal of Planning Commission' s denial of Conditional Use
Permit No. 93-01. (See Attached) (Backup material was
originally distributed on September 20, 1993, Item No. 38--
Appeal denied)
12 10/4/93
(Staff Reports Continued)
33 . Appointment of employees to positions within the Council
Office -- recommendation of Council Member Curlin.
NOTION: T effective January 1, 1994 , all appointments
of a loyees within the Council Office for
positions ving at large, will be subject to
L/ .11 unanimous appro of the Council. Any employee
�� appointed to a posits to serve an individual
Council Member, rather than e Council at large,
I° will require the vote of the ected Council
� o Member and at least three other Council--.Members,
unless vetoed by the Mayor; in which case aid
appointment will require a total of five votes.
�3
13 10/4/93
MAYOR AND COMMON COUNCIL
CITY OF SAN BERNARDINO
RECONVENE MEETING
PLANNING MATTERS
MONDAY, OCTOBER 4 , 1993 - 2 : 00 P.M. nn __
ROLL CALL
PRESENT: G� �aAlu.Z, .3 ABSENT: A : 6 'y
TO BE HEARD AT 2:00 P.M. - CONTINUED FROM AUGUST 2. 1993
34 . Appeal - Planning Commission's denial of Tentative Tract No.
14473/Conditional Use Permit No. 92-16 and Tentative Tract
No. 14949 (Extension of Time) -- north side future Verdemont
Drive. (Backup material was originally distributed on July
6, 1993, Item No. 50, new staff report attached) Ward 5
Applicant/Appellant: Bonadiman Engineers
Owner: Vemon Ltd.
Location: Ward 5. The site is located on the north side of
future Verdemont Drive , approximately 200 feet
east/southeast of the termination of Magnolia Avenue.
Staff recommendation: That the Mayor and Common Council
uphold the appeal and approve the extension of time for
Tentative Tract No. 14949 until February 4 , 1994 , based on
the attached findings of fact (Exhibit 7) and subject to the
attached conditions of approval (Exhibit 8) and refer
Tentative Tract 14473 and Conditional Use Permit No. 92-16
back to the Development Review Committee for review and
final action.
Planning Commission recommendation: Denied Tentative Tract
No. 14473/Conditional Use Permit No. 92-16 and Tentative
Tract No. 14949 (Extension of Time) , based on the findings
of fact contained in the Planning Commission Staff Reports
for the July 6, 1993 Council Meeting. VOTE: Ayes: 6.
Nays: 0. Absent: 4 .
Mayor to open the hearing . . .
(See next page for motion)
' 14 10/4/93
i
34 . Continued.
MOTION: That the Mayor and Common Council uphold the
appeal and approve the extension of time for
Tentative Tract No. 14949 until February 4 , 1994,
based on the attached findings of fact and subject
`�?� to the attached conditions of approval; and refer
Tentative Tract No. 14473 and Conditional Use
Permit No. 92-16 back to the Development Review
Committee and Planning Commission for review and
final action.
35. Adjournment.
MOTION: That the meeting be adjourned. The next meeting
will be held at 8:00 a.m. , Thursday, October 21,
1993, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
15 10/4/93
..
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.
Public comments will not be received on any item on the
agenda when a public hearing has been conducted and
closed.
16 10/4/93
SUPPLEMENTAL AGENDA
OCTOBER 4, 1993
S-1 Request for closed session to discuss pending litigation.
MOTION: That the Common Council recess to closed session
pursuant to Government Code Section 54956. 9 (a) to
confer with its attorney regarding pending
litigation which has been initiated formally to
which the City is a party as follows:
In Re General Motors Corporation Pickup Truck Fuel Tank
Products Liability Litigation - United States District
Court Case No. MDL Docket No. 961 and Master File No.
92-6450.
�w
S-2 Appointment - Council Member Devlin - to replace Council
Member Oberhelman - Ways and Means Committee - Council
Mem ernandez. (See Attached)
MOTIO That Council Member Devlin be appointed to the
Ways and Means Committee, replacing Council Member
Oberhelman, per Council Member Hernandez.
S-3 Resolution of the City of San Bernardino establishing a
schedule of fees for storm water drainage facilities
construction for land subdivision and development within the
City of San Bernardino; and rescinding Resolution No. 88-
114 . (See Attached)
MOTION: That said resolution be adopted.
'°/'7 53 - 3
1 10/4/93
S-4 Appointment - Annivory Calvert - Community Development
Citizen Advisory Committee - Council Member Hernandez . (See
Attached)
NOTION: That the recommendation to appointment Annivory
Calvert to the Community Development Advisory
Committee, as requested by Council Member
Hernandez, be approved.
q!
S-5 Resolution of the City of San Bernardino authorizing the
Mayor to execute the application to the Economic Development
Agency for a grant to finance street and water system
improvements within Norton A.F.B. Ward 1
MOTION: That said resolution be adopted.
.yes �4
2 10/4/93
AGENDA
(CLOSED SESSION)
October 4, 1993
From: City Attorney' s Office
1 ) Request for Closed Session to discuss threatened litigation.
Motion: That the Common Council recess to Closed
Session to confer with its attorney regarding
pending litigation pursuant to Government Code
Section 54956. 9(b) ( 1 ) , as there is significant
exposure to litigation.
2 ) Request for Closed Session to discuss whether a Closed Session
is authorized.
Motion: Based on existing facts and circumstances, set
out below, the City Council is meeting
only to decide whether a Closed Session is
1-1 authorized pursuant to California Government
Code Section 54956. 9(b) ( 2 ) .
3 ) Request for Closed Session to discuss whether to initiate
litigation.
Motion: That the Common Council recess to Closed
Session to confer with its attorney regarding
pending litigation pursuant to Government Code
Section 54956. 9(c) , so that council may
decide whether to initiate litigation.
4) Request for Closed Session to discuss personnel matters.
Motion: That the Common Council recess to Closed
Session to consider personnel matters pursuant
to Government Code Section 54957.
5) Request for Closed Session to discuss threat to security.
Motion: That the Mayor and Common Council recess to
Closed Session 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.
JFP:dd[agenda]
AGENDA - 10/4/93
CLOSED SESSION CASES
Page 2
6 ) Request for Closed Session to discuss real property
negotiations.
Motion: That the Mayor and Common Council recess to
Closed Session 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:
7 ) Request for Closed Session to discuss license application.
Motion: The Council will recess to Closed Session
pursuant to Government Code Section 54956. 7 to
meet with an applicant for a City license and
the applicant' s attorney.
8 ) Request for Closed Session to discuss pending litigation.
Motion: The Council will recess to Closed Session
pursuant to Government Code Section 54957 to
meet with the Chief of Police Regarding
matters of public security.
9 ) Request for Closed Session to discuss pending litigation.
Motion: That the Common Council recess to Closed
Session pursuant to Government Code Section
54956. 9(a) to confer with its attorney
regarding pending litigation which has been
initiated formally to which the City is a party
as follows:
Tomas Armendariz vs. James F. Penman, et al - United States
District Court - Case No. 91-5757;
Brenda Walker vs. City of San Bernardino, et al - United District
Court Case No. 91-5239 LHM ( JRx) ;
JFP:dd[agenda]
AGENDA - 10/4/93
CLOSED SESSION CASES
Page 3
E.L. Yeager vs. City of San Bernardino - Office of Admin. Hearings
Arbitration Case No. A-0024-92
Julie Thompson vs. City of San Bernardino - United States District
Court - Case No. 92-888 GLT (RWRx)
JFP:dd[agenda]
AGENDA
October 4 , 1993
PLEASE SEE ATTACHED LIST FROM CITY ATTORNEY'S OFFICE FOR CLOSED
SESSION ITEMS.
ANNOUNCEMENTS BY MAYOR AND COUNCIL
APPOINTMENTS/PRESENTATIONS
" " Advisory Commission Water Policy -- Member -- Mayor Minor
Advisory Commission Water Policy -- Alternate Member --
Councilman Negrete
CONSENT CALENDAR
Motion:
That the motions indicated by Consent Calendar Items
through , be adopted, except for ,
and
Set annual public meeting & public hearing -- 4th Monday of May and
4th Monday of June each year to hear comments and protests relative
to increased annual special assessments.
Approval of plans and authorization to advertise for bids --
Installation of Guardrail on Palm Avenue at City Creek. WARD 1.
(Cost to the City $206,000, Street Construction Fund) .
Claims and Payroll
'/,/ Personnel Actions
RESOLUTIONS
October 4, 1993
ADMINISTRATION
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH SAN BERNARDINO ASSOCIATED GOVERNMENTS TO LEASE
FOUR (4) PARKING SPACES IN CENTRAL CITY PARKING DISTRICT LOT ##3 .
WARD 1.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH LIER MUSIC REGARDING TEN (10) PARKING SPACES
IN CENTRAL CITY PARKING DISTRICT LOT ##1. WARD 1.
FIRE
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING AN AGREEMENT WITH THE SAN BERNARDINO
INTERNATIONAL AIRPORT AUTHORITY FOR AIRCRAFT RESCUE AND
FIREFIGHTING SERVICES.
PARKS, REC & COMMUNITY SERVICES
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
PREPARATION AND EXECUTION OF APPLICATIONS AND AGREEMENTS FOR SAN
BERNARDINO COUNTY COMMUNITY SERVICES FOOD DISTRIBUTION PROGRAM AT
MILL COMMUNITY CENTER AND REPEALING RESOLUTION 93-114 .
PERSONNEL
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. "
PUBLIC SERVICES
RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF
ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL
PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF
THE ABATEMENT.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND
DESCRIPTION FOR THE PHELAN/SBCo SANITARY LANDFILL FACILITY.
FACILITY IDENTIFICATION ## 36-AA-0044 .
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND
DESCRIPTION FOR THE BARSTOW/SBCo SANITARY LANDFILL FACILITY.
FACILITY IDENTIFICATION ## 36-AA-0046.
PUBLIC SERVICES
I✓ RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND
DESCRIPTION FOR THE YERMO/SBCo SANITARY LANDFILL FACILITY.
FACILITY IDENTIFICATION # 36-AA-0047.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND
DESCRIPTION FOR THE APPLE VALLEY SANITARY LANDFILL FACILITY.
FACILITY IDENTIFICATION # 36-AA-0048 .
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND
DESCRIPTION FOR THE BAKER SANITARY LANDFILL FACILITY.
FACILITY IDENTIFICATION # 36-AA-0049.
,/` RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND
DESCRIPTION FOR THE HESPERIA/SBCo SANITARY LANDFILL FACILITY.
FACILITY IDENTIFICATION # 36-AA-0050.
PUBLIC WORKS
✓RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A FIRST AMENDMENT TO AGREEMENT WITH DAVID EVANS AND ASSOCIATES
(DEA) PERTAINING TO A MODIFICATION OF TASK 7 OF EXHIBIT 111"
(ENVIRONMENTAL SITE ASSESSMENT) FOR THE EXTENSION OF ORANGE SHOW
ROAD FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE. WARDS 1 & 3 .
Cost to the City -- $13,588 from Street Construction Fund.
` RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO NOTICING A PUBLIC MEETING AND A PUBLIC HEARING RELATIVE
TO THE FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 23 , GENERALLY
LOCATED ALONG PORTIONS OF ORANGE SHOW ROAD AND THE PROPOSED
EXTENSION THEREOF FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE.
WARDS 1 & 3 .
AGENDA
October 4 , 1993
PUBLIC HEARINGS
ALL ITEMS SCHEDULED TO BE HEARD AT 10:00 A.M.
That the hearing allowing owners of property located on 40th
Street, West of Acre Lane the opportunity to appear and be heard
relative to eminent domain proceedings be closed.
1
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING
THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF
CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES AND ALL USES
APPURTENANT THERETO ALONG THE NORTH SIDE OF 40TH STREET, WEST OF
ACRE LANE. WARD 4 . Cost to the City $23,298. 00 from 1/2 Cent
Sales Tax Fund.
fir✓
AGENDA
OCTOBER 4 , 1993
CONTINUED ITEMS
SOUTHLAND SURVEYING, INC. - SETTLEMENT PROPOSAL
AGENDA
STAFF REPORTS
October 4, 1993
'' Request to reconsider by Councilman Hernandez:
1. Initiation of a development code amendment - offsite ABC
license requirements (#39 from 9/20 Agenda)
2 . Appeal of Planning Commission denial of CUP 93-01
(#38 from 9/20 Agenda)
Appointment of employees to positions within the Council Office --
recommendation of Councilmember Curlin.
Motion:
Effective January 1, 1994 , all appointments of employees
within the Council Office for positions serving at large
will be subject to unanimous approval of the Council.
Any employee appointed to a position to serve an
individual Councilmember, rather than the Council at
large, will require the vote of the Councilmember and at
least three other Councilmembers, unless vetoed by the
Mayor; then said appointment will require a total of five
votes.
AGENDA
STAFF REPORTS
October 4 , 1993
Request to reconsider by Councilman Hernandez:
1. Initiation of a development code amendment - offsite ABC
license requirements (#39 from 9/20 Agenda)
2 . Appeal of Planning Commission denial of CUP 93-01
(#38 from 9/20 Agenda)
Appointment of employees to positions within the Council Office --
recommendation of Councilmember Curlin.
Motion:
Effective January 1, 1994 , all appointments of employees
within the Council Office for positions serving at large
will be subject to unanimous approval of the Council.
Any employee appointed to a position to serve an
individual Councilmember, rather than the Council at
large, will require the vote of the affected
Councilmember and at least three other Councilmembers,
unless vetoed by the Mayor; in which case said
appointment will require a total of five votes.
F
AGENDA
PLANNING
October 4 , 1993
TO BE HEARD AT 2:00 P.M.
"Appeal of Planning Commission Denial of Tentative Tract No.
14473/Conditional Use Permit No. 92-16 and Tentative Tract No.
14949 (Extension of Time) . Northside Future Verdemont Drive.
WARD 5.
SUPPLEMENTAL AGENDA
OCTOBER 4, 1993
S-1 Request for Closed Session to discuss pending litigation.
Motion: That the Common Council recess to Closed
Session pursuant to Government Code Section
54956. 9 (a) to confer with its attorney
regarding pending litigation which has been
initiated formally to which the City is a
party as follows:
In Re General Motors Corporation Pickup Truck Fuel Tank
Products Liability Litigation - United States District
Court Case No. MDL Docket No. 961 and Master File No. 92-
6450.
S-2 Appointment -- Councilman Jerry M. Devlin to replace
Councilman David Oberhelman -- Ways & Means Committee --
Councilman Hernandez
S-3 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A
SCHEDULE OF FEES FOR STORM WATER DRAINAGE FACILITIES
CONSTRUCTION FOR LAND SUBDIVISION AND DEVELOPMENT WITHIN
THE CITY OF SAN BERNARDINO; AND RESCINDING RESOLUTION NO.
88-114 .
S-4 Appointment -- Annivory Calvert -- Community Development
Citizen Advisory Committee -- Councilman Hernandez
S-5 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR TO EXECUTE THE APPLICATION TO THE ECONOMIC
DEVELOPMENT AGENCY FOR A GRANT TO FINANCE STREET AND
WATER SYSTEM IMPROVEMENTS WITHIN NORTON A. F.B. WARD 1
COUNCIL MEETING
SUPPLEMENTAL AGENDA
OCTOBER 4, 1993
From: the City Attorney' s Office:
1 . Request for Closed Session to discuss pending litigation.
Motion: That the Common Council recess to Closed
Session pursuant to Government Code Section
54956.9( a) to confer with its attorney
regarding pending litigation which has been
initiated formally to which the City is a
party as follows:
In Re General Motors Corporation Pickup Truck Fuel Tank
Products Liability Litigation - United States District Court
Case No. MDL Docket No. 961 and Master File No. 92-6450
S-1
fi
]HEL CLARK
CITY CLERK
AGE 2ND FLOOR
NDA
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
"October 4, 9993 - 19:00 a.m."
(Regular Meeting)
Council Chambers, City Hall
-----------------------------------------------------
CALL TO ORDER: //; 3 7 (7— -
ROLL CALL:
PRESENT: ' 3 A6
ABSENT:
--------------------------------------------------
(PUBLIC COMMENTS ON ITEMS NOT ON AGENDA)
--------------------
CONSENT CALENDAR
MOTION: That the motions indicated by Consent Calendar items numbered "1" through "9" be
adopted, except for items numbered:
3
1. COMMUNITY DEVELOPMENT COMMISSION MINUTES
(Community Develooment Commission)
( MOTION: That the minutes of the Community Development Commission of the City of
San Bernardino for the meetings of September 7, 1993 and
September 20, 1993 be approved as submitted in typewritten form.
--------------- ----------------
---------------------•--°--------------
REGULAR MEETING COMMISSION AGENDA – --
KJH:Imp:cdc-10r1 1 Date: October 4, 1993
2. REDEVELOPMENT COMMITTEE MINUTES
(Community Development Commission
(7 OTION��: That the minutes of the Redevelopment Committee of the City of San
Bernardino for the meeting of September 2, 1993 be received and filed.
Z
--------------- ----------------
Public Works Department
3. CONTRACT CHANGE ORDER NUMBER 7 -IMPROVEMENTS TO MILL COMMUNITY
CENTER, PER PLAN NO. 8890 — KIRKLEY DEVELOPMENT
- (Mayor and Common Council)
MOTION: That Change Order No. 7 to the contract with Kirkley development, Inc., for
Improvements to the Mill Community Center, in accordance with Plan No. 8890,
be approved; to authorize installment of a rubberized flooring system in the gym
I Z area, at an increase in the contract price of$18,865.00, from $623,351.75 to
$642,216.75.
4. ADOPTION OF NEGATIVE DECLARATION AND FINDING OF CONSISTENCY WITH
CIRCULATION ELEMENT OF GENERAL PLAN -CONSTRUCTION OF LANDSCAPE
MEDIANS TRAFFIC DIVERTERS -- NEWCOMB ST., MCKINLEY, AND DUMBARTON
AVENUES, BETWEEN 20TH STREET AND HIGHLAND AVENUE — PUBLIC WORKS
PROJECT NO. 93-04
(Mayor and Common Council)
MOTION A: ; That the Negative Declaration for Public Works; Project No. 93-04, construction
�� --- of landscape medians, 90 degree parking, and traffic diverters in Newcomb
Street, McKinley Avenue and Dumbarton Avenue, between 20th Street and
Highland Avenue, be adopted.
--------------- ---------------
MOTION B: That a finding be made that Public Works Project No. 93-04 is consistent with
-------the circulation element of the General Plan.
____________________--___________________
REGULAR MEETING COMMISSION AGENDA
KJH:Imp:cdc-10r1 2 Date: October 4, 1993
Development Department
5. DELMANN HEIGHTS WATER SYSTEM UPGRADE
(Community Development Commission)
(MOTION• That the Community Development Commission approve an amount not to
exceed $85,000 in bond proceeds to underwrite additional unexpected costs
(P/2— associated with the Delmann Heights Water System Upgrade project.
6. FY1993/1994 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENT
BETWEEN THE CITY AND HOME OF NEIGHBORLY SERVICES
(Mayor and Common Council)
MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
\\ , SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A
Z COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND HOME OF NEIGHBORLY
SERVICES.
# 93 - 39b
--------------- ---------------
7. SANTA FE AUTOMOBILE DISTRIBUTION FACILITY
(Community,Development Commission)
MOTION:> That the Community Development Commission approve a $110,000 contribution
/ toward water facility improvements for the Santa Fe Automobile Distribution
Facility and authorize the Chairman and Executive Director to execute all
documentation necessary to effectuate said transaction; and, that the
Development Department budget be increased accordingly.
--------------- ---------------
----------------------------------------------------
REGULAR MEETING COMMISSION AGENDA
KJH:Imp:cdc-10r1 3 Date: October 4, 1993
8. SMALL BUSINESS LOAN COMMITTEE
(Community Development Commission)
Chairman Minor's Recommendation
MOTION: That the Community Development Commission approve the attached five (5)
candidates as members on the Small Business Loan Committee as
recommended by Chairman Minor for appointment by the Chairman and
confirmation by the Commission.
gencv Administration
9. MASTER SERVICES AGREEMENT BETWEEN THE ECONOMIC DEVELOPMENT AGENCY
AND THE DEPARTMENT OF PLANNING AND BUILDING SERVICES - PROPOSED
BUILDING INSPECTION (REHABILITATION) AND CODE ENFORCEMENT SERVICES
\ (Community Development Commission)
(MOTION: That the Community Development Commission amend the Master Services
' Agreement between the Economic Development Agency and the Department of
Planning and Building Services in an amount not to exceed $208,250 for
enhanced building inspection and code enforcement services in the Central City
Revitalization Strategy Area.
END OF CONSENT CALENDAR
Agency Administration
10. PROGRAMMING SERVICES-STATE CONSOLIDATED OFFICES AND CALTRANS
BUILDING
-'> (Community Development Commission)
MOTION: That the Community Developmen Commission authorize the Agency
Administrator to draft and execute contract with Keating Mann Jernigan Rottet
in an amount not to excee for architectural programming services for
�/� the design of the State Consolida eed Offices and Caltrans Building on the
Superblock site.
-------------------------------
REGULAR MEETING COMMISSION AGENDA l
KJH:Imp:cdc-10r1 4 Date: October 4, 1993
11. CONSULTANT TO THE COMMISSION/COUNCIL
(Community Development Commission)
Councilman Hernandez's Recommendation
MOTION A: That the Community Development Commission retain Mr. Kenneth Johnston as
a consultant to carry out certain professional services relating to the Economic
Development Agency.
MOTION B: That the Community Development Commission appropriate funds in the amount
of$40,005 and increase the FY93/94 EDA budget accordingly.
--------------- ---------------
MOTION C: That the Community Development Commission assign Mr. Johnston to the
Council Office under the guidance of the Council Executive Assistant.
CLOSED SESSION
12. ADJOURN TO CLOSED SESSION
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;
------------------------------------
REGULAR MEETING COMMISSION AGENDA
KJH:Imp:cdc-10r1 5 Date: October 4, 1993
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.
J
13. ADJOURNMENT
MOTION: That the meeting of the May and_Common Council/Community Development
Commission be adjourned t��n_ day, October 18 1993 at 11:00 a.m., in the
Council Chambers of City Hall, 300 North"D"Street, San Bernardino,
California.
----------------------------•--------------------
REGULAR MEETING COMMISSION AGENDA
KJHJrnp:cdc-10r1 6 Date: October 4, 1993