HomeMy WebLinkAbout08-16-1993 Reg Mtg t
City Clerk (1)
AGENDA
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REGULAR MEETING
MAYOR AND COMMON COUNCIL
CITY OF SAN BERNARDINO
MONDAY, AUGUST 16, 1993 - 8 : 00 A.M.
COUNCIL CHAMBERS
CALL TO ORDER U3 k' -y-rt '
ROLL CALL
PRESENT: �� �i �/ 4/
ABSENT: Loy 7
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 8/16/93
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;
Stubblefield Construction Company, et al vs. City of San
Bernardino, et al - San Bernardino Superior Court Case No.
242998; Superior Court Case No. 252058;
Julie Thompson vs. City of San Bernardino, et al - United
States District Court Case No. SA CV92-888 GT (RWRx) ;
City of San Bernardino vs. Bussell, et al - San Bernardino
Superior Court Case No. 271568 ;
Saab vs. City of San Bernardino - San Bernardino Superior
Court Case No. SCV 234561;
Maldonado vs. City of San Bernardino - San Bernardino
Superior Court Case No. 254529.
,0; 507 A.
END OF CLOSED SESSION
2 8/16/93
RECONVENE MEETING - 9: 00 A.M.
ROLL CALL 9:e /,q ' -)"
PRESENT: / /` �` r
ABSENT:
INVOCATION:
7
PLEDGE:
A . 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.
Mayor Minor:
Appointment -- Community Television Commission -- John R.
Lowe (Resume available in the Office of the City Clerk.)
(See Attached)
Appointment -- Library Board -- Karen A. Feld (Resume
available in the Office of the City Clerk. ) (See Attached)
Appointment -- Community Development Citizen Advisory
Commission -- Carolyn B. Freeman (Resume available in the
Office of the City Clerk. ) (See Attached)
3 8/16/93
4 . Appointments/Presentations, Cont.
Reappointment -- Civil Service Board -- Elijah Singletary
(Resume available in the Office of the City Clerk. ) (See
Attached)
MOTION: That the appointments of John R. Lowe to the
Community Television Commission, Karen A. Feld to
the Library Board, Carolyn B. Freeman to the
Community Development Citizen Advisory Commission
and Elijah Singletary to the Civil Service Board,
as requested by Mayor Minor, be approved.
Council Member Curlin:
Appointment -- Police Commission -- Carol Thrasher (Resume
available in the Office of the City Clerk. ) (See Attached)
MOTION: That the appointment of Carol Thrasher to the
Police Commission, as requested by Council Member
Curlin, be approved.
Service Pin Awards Ceremony.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar
items 5 through 19 be adop ed exc pt for
Z-7— �, � � and
5. Waive further reading of all resolutions and ordinances.
MOTION: That further reading of all resolutions and
ordinances on the regular, supplemental and
3 Community Development Commission agendas, be
waived.
4 8/16/93
(Consent Calendar Continued)
6. Council Minutes.
MOTION: That the minutes of the following meeting of the
Mayor and Common Council of the City of San
3 Bernardino be approved as submitted in typewritten
form:
June 7, 1993 (Delivered on 8/9/93)
7 . Approval of Contract Change Order No. One -- compensation to
contractor for delay due to conflict with sewer lateral--
$6, 221. 10 contract increase -- storm drain in Mill Street,
from Pennsylvania Avenue to Rancho Avenue -- C. P.
Construction Company, Inc. (Cost to City --$6,221.10 from
Storm Drain Construction Fund. ) (See Attached) Ward 3
( 'MOTION: That Change Order No. One to the contract with C.
P. Construction Company, Inc. , for installation of
% a storm drain in Mill Street, from Pennsylvania
Avenue to Rancho Avenue, in accordance with Plan
No. 8820, be approved; to authorize an increase of
$6, 221. 10 in the contract price, from $139, 100.40
to $145, 321. 50, to compensate the contractor for a
delay due to conflict with a sewer lateral.
0Authorization to proceed - reconstruction and resurfacing
of main and residential traffic arteries. (Cost to City--
$500,000 from Proposition III & Gas Tax Funds and $500,000
from Half Cent Sales/Road Tax Funds. ) (See Attached)
Wards 1-7
MOTION: That the Purchasing Agent be authorized to
#1 advertise for bids for cold planing work on the
streets included in the attached Staff Report, for
Cq1U) major arteries and residential streets;
and
MOTION: That the Director of Public Services be authorized
#2 to proceed with the resurfacing of the streets
indicated in the Staff Report following the
completion of the contract .work.
5 8/16/93
(Consent Calendar Continued)
9 . Claims and Payroll. (See Attached)
MOT That the claims and payroll, and the authorization
to issue warrants as listed on the memorandum
C3 J� dated August 10, 1993 from the Director of
Finance, be approved.
10. Personnel Actions. (See Attached)
M That the personnel actions submitted by the Chief
Examiner, dated August 5, 1993 , in accordance with
Civil Service Rules and Personnel Policies
1 adopted by the Mayor and Common Council of the
City of San Bernardino, be approved and ratified.
11. Joint Powers Financing Authority - Regular Meeting
M That the regular meeting of the Joint Powers
Financing Authority be adjourned to September 20,
1993 .
RESOLUTIONS
V
MOTION: That the following resolutions be adopted.
&<' �� Finance
� ),y 12 . Resolution of the City of San Bernardino Community
Facilities District No. 1 establishing annual special tax
for fiscal year 1993/94 . /
3 �
Mayor
13 . Resolution of the City of San Bernardino confirming the
Sister City Affiliation between the City of Yushu, China and
the City of San Bernardi lifornia. (See Attached)
6 8/16/93
(Consent Calendar Continued)
Parks Recreation & Community Services
14 . Resolution of the City of San Bernardino authorizing the
Director of Parks, Recreation and Community Services
Department to execute a contract between the City and
Partnerships With Industry-PWI, a private non-profit agency,
to provide work crews to perform maintenance duties at City
parks facilities. (Cost to City -- $22,992 annually from
the General Fund.) (See At
-3Aq
15. Resolution of the City f an Bernardino authorizing the
Y g
execution of an agreement with the County of San Bernardino
relating to the joint use of the Mill Community Center for
the period beginning January 1, 1992 and ending December 31,
1992 and repealing Resolution - 47 . (See Attached)
Ward 1
16. Resolution of the City of San Bernardino authorizing the
execution of an agreement with the County of San Bernardino
relating to the joint use of the Mill Community Center for
the period of fifteen (15) years commencing January 1, 1993
and ending December 31, 2008, and repealing Resolution 93-
148 . (See Attached) Ward 1
0 Public Services
17 . Authorize agreement with the County of Sari Bernardino
Department of Environmental Health Services to operate a
household hazardous waste collection center. (Cost to City
-- $130,650.40 from Professional/Contractual Services Fund.)
(See Attached)
Resolution of the City of San Bernardino authorizing the
execution of an agreement by and between the County of San
Bernardino and the Public Services Department of the City of
San Bernardino to operate a household hazardous waste
c ' on center.
MOTION, That the sum of $130, 650.40 be transferred from
Account No. 127-412-53160 (Tipping Fees) to
I Account No . 127-411-53150 (Professional &
Contractual Services) for the purpose of
continuing the existing Household Hazardous Waste
Collection Center Program.
7 8/16/93
(Consent Calendar Continued)
Public Works/Engineering
18 . Resolution of the City of San Bernardino amending Resolution
No. 3985 entitled, in part, "A resolution. . . prohibiting
parking upon certain designated streets or portions
thereof. . . , " to remove the no parking zone on Sierra Way,
between Thirtieth Street and Thirty-Fourth Street, between
the hours of seven a.m. and nine a.m. , applicable to the
west side only, and between the hours of four p.m. and six
p.m. , applicable to the east side only. (Cost to City--
$200 from the General Fund. a Attached) Ward 7
19 . Resolution of the City of San Bernardino amending Resolution
No. 93-205 entitled in part to read "Resolution of the City
of San Bernardino making application to the Local Agency
Formation Commission of the County of San Bernardino for the
annexation of the territory located southwesterly of Cajon
Boulevard and southeasterly of Devore Road" by amending
Ex "A" and Exhibit "C" . (See Attached) Wards 5 & 6
V7 7
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.
20. Public hearing -- Impose liens on property located within
the City of San Bernardino for uncollected business
registration fees. (See Attached)
Resolution of the City of San Bernardino imposing liens on
certain parcels of real property located within the City of
San Bernardino for uncollected business registration fees.
M to open the hearing . . .
MOTION: That the hearing be closed; and that said
resolution be adopted.
3I�
8 8/16/93
ORDINANCE - FIRST READING
MOTION: That said ordinances be laid over for final
adoption.
21. An ordinance of the City of San Bernardino amending Sections
5.82 . 030 and 5. 82 . 050 of the San Bernardino Municipal Code
relating to 'ness operator's permits. (See Attached)
22 . An ordinance of the City of San Bernardino adding Chapter
2 .45 to the San Bernardino Municipal Code establishing a
Human Relations Commission. (See Attached)
o/3� I !)
23 . An ordinance of the City of San Bernardino amending Section
2 . 58. 010, Subsection A, of the San Bernardino Municipal Code
relating to the times of regular meetings of the Mayor and
Common cil. (See Attached)
STAFF REPORTS
24. Request to address Mayor and Council regarding the Ways &
Means Committee' s denial of funds in the amount of $44, 500
for San Bernardino Community Against Drugs, Inc. - Jerilyn
Simpson, President/Chief Executive Officer. (See Attached)
9 8/16/93
(Staff Reports Continued)
25. Authorize and direct City Attorney to file Amicus Letter
with the California Supreme Court requesting the court to
hear the issue on holding adjudicatory hearings for locating
Radioactive Waste Disposal Facility in Ward Valley. (See
Attached)
MOTION: That the City Attorney be authorized and directed
to file Amicus Letter with the California Supreme
Court requesting the court to hear the issue on
ok- holding adjudicatory hearings for locating
Radioactive Waste Disposal Facility in Ward
Valley.
26 . Set public hearing -- September 7 , 1993 at 10: 00 a.m. -- for
the purpose of increasing sewer service charge within and
out ' e the City of San Bernardino. (See Attached)
MOTION: That the Mayor and Common Council set a hearing at
the regularly scheduled Council meeting at 10: 00
a.m. on September 7, 1993 , for the purpose of
establishing new sewer rate increases within and
outside the City of San Bernardino.
27 . Adjournment.
MOTION: That the Mayor and Common Council meeting be
adjourned to 8:00 a.m. , Tuesday, September 7,
1993, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
10 8/16/93
Vap
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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 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.
11 8/16/93
c:
SUPPLEMENTAL AGENDA
AUGUST 16, 1993
S-1 Resolution of the City of San Bernardino urging the Social
Security Administration to keep the San Bernardino District
te 0ff: ' downtown.
That said resolution be adopted.
S-2 Resolution of the City of San Bernardino approving the final
map for Subdivision Tract No. 15222 , located between Second
and Third Streets, approximately 362 feet west of Mt. Vernon
Avenue, accepting the public dedications as set forth on
said map; and authorizing execution of the standard form of
agreement for the improvements in said subdivision, with
time for performance specified.
MOTION: That said resolution be adopted.
3 �
S-3 Resolution of the City of San Bernardino approving the final
map for Parcel Map No. 144501, located at the northwest
corner of the intersection of "E" Street and Marshall
Boulevard, accepting the public dedications as set forth on
said map; and authorizing execution of the parcel map
improvement agreement for the improvements in said
subdivision, with time for performance specified.
MOTION* That said resolution be adopted.
1 8/16/93
A G E N D A
AUGUST 16, 1993
PLEASE SEE ATTACHED LIST FROM CITY ATTORNEY'S OFFICE FOR CLOSED
SESSION ITEMS.
ANNOUNCEMENTS BY MAYOR AND COUNCIL
APPOINTMENTS/PRESENTATIONS
Appointment of John R. Lowe to Community Television Commission --
Mayor Tom Minor.
Appointment of Karen A. Feld to Library Board of Trustees -- Mayor
Tom Minor.
Appointment of Carolyn B. Freeman to the Community Development
Citizen Advisory Board -- Mayor Tom Minor.
Re-appointment of Elijah Singletary to the Civil Service Board
Commissioners -- Mayor Tom Minor.
Appointment of Carol Thrasher to the Police Commission --
Councilman F. J. Curlin.
Award of Service Pins
CONSENT CALENDAR
Motion:
That the motions indicated by
Consent Calendar Items through
be adopted, except for
and
Approval of Contract Change Order No. One -- compensation to
contractor for delay due to conflict with sewer lateral --
$6, 221. 10 contract increase -- storm drain in Mill Street, from
Pennsylvania Avenue to Rancho Avenue -- C. P. Construction Company,
Inc. (Ward 3)
Authorization to proceed with reconstruction and resurfacing of
main and residential traffic arteries. (Wards 1-7)
Claims and Payroll
Personnel Actions
AGENDA
AUGUST 16, 1993
RESOLUTIONS
FINANCE
\� ��;. RESOLUTION OF THE CITY OF SAN BERNARDINO COMMUNITY FACILITIES
0� . �` DISTRICT NO. 1 ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL YEAR
1993/94.
MAYOR
RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE SISTER ` 3*
CITY AFFILIATION BETWEEN THE CITY OF YUSHU, CHINA AND THE CITY OF
SAN BERNARDINO, CALIFORNIA. iWA
'
elao PARKS.RECREATION & COMMUNITY SERVICES '
✓,-RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT
TO EXECUTE A CONTRACT BETWEEN THE CITY AND PARTNERSHIPS WITH
INDUSTRY-PWI, A PRIVATE NON-PROFIT AGENCY, TO PROVIDE WORK CREWS
TO PERFORM MAINTENANCE DUTIES AT CITY PARKS FACILITIES. (WARDS 1-7)
Cost to City — $22,992.00 Annually from General Fund
/-RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO
RELATING TO THE JOINT USE OF THE MILL COMMUNITY CENTER FOR THE
PERIOD BEGINNING JANUARY 1, 1992 AND ENDING DECEMBER 31, 1992 AND
REPEALING RESOLUTION NO. 93-147. (WARD 1)
-/,RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO
RELATING TO THE JOINT USE OF THE MILL COMMUNITY CENTER FOR THE
PERIOD OF FIFTEEN (15) YEARS COMMENCING JANUARY 1, 1993 AND ENDING
DECEMBER 31, 2008, AND REPEALING RESOLUTION NO. 93-148. (WARD 1)
✓ PUBLIC SERVICES
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COUNTY OF SAN
BERNARDINO AND THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN
BERNARDINO TO OPERATE A HOUSEHOLD HAZARDOUS WASTE COLLECTION
CENTER. Cost to City — $130,650.40 from Refuse Fund-Contractual Services
Motion: That the sum of$130,650.40 be transferred from account no. 127-412-
53160 (Tipping Fees) to account no. 127-411-53150 (Professional &
Contractual Services) for the purpose of continuing the existing
Household Hazardous Waste Collection Center Program.
PUBLIC WORKS
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO.
3985 ENTITLED, IN PART, "A RESOLUTION . . . PROHIBITING PARKING UPON
CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF. . ," TO REMOVE THE
NO PARKING ZONE ON SIERRA WAY, BETWEEN THIRTIETH STREET AND
THIRTY-FOURTH STREET, BETWEEN THE HOURS OF SEVEN A.M. AND NINE
A.M., APPLICABLE TO THE WEST SIDE ONLY, AND BETWEEN THE HOURS OF
FOUR P.M. AND SIX P.M., APPLICABLE TO THE EAST SIDE ONLY. (WARD 7)
r` RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO.
93-205 ENTITLED IN PART TO READ "RESOLUTION OF THE CITY OF SAN
BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION
COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR THE ANNEXATION
OF THE TERRITORY LOCATED SOUTHWESTERLY OF CAJON BOULEVARD AND
SOUTHEASTERLY OF DEVORE ROAD"BY AMENDING EXHIBIT "A"AND EXHIBIT
"C". (WARDS 5 & 6)
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AGENDA
AUGUST 16, 1993
PUBLIC HEARINGS
ALL ITEMS SCHEDULED TO BE HEARD AT 10:00 A.M.
MOTION:
That the hearing be closed; said resolution be adopted.
RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN
PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO
FOR UNCOLLECTED BUSINESS REGISTRATION FEES.
AGENDA
AUGUST 16, 1993
ORDINANCES
Motions:
That further reading of the ordinance be waived and it be laid
over for final adoption.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
5. 82 . 030 AND 5. 82 . 050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING
TO BUSINESS OPERATOR'S PERMITS.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2 . 45 TO
THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A HUMAN RELATIONS
COMMISSION.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2 . 58. 010, SUBSECTION A, OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE TIMES OF REGULAR MEETINGS OF THE MAYOR AND COMMON
COUNCIL.
V
AGENDA
AUGUST 16, 1993
ORDINANCES
Motions:
That further reading of the ordinance be waived and it be laid
over for final adoption.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
5.82 . 030 AND 5.82 . 050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING
TO BUSINESS OPERATOR'S PERMITS.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2 .45 TO
THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A HUMAN RELATIONS
COMMISSION.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2 . 58 . 010, SUBSECTION A, OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE TIMES OF REGULAR MEETINGS OF THE MAYOR AND COMMON
COUNCIL.
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AGENDA
STAFF REPORTS )ley ti's
0 AUGUST 16, 1993 C!a
/flo � d !
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Request to address Mayor & Council relative to recommended denial
of funds by the Ways & Means Committee in the amount of $44 , 500. 00
for San Bernardino Community Against Drugs, Inc. -- Jerilyn
Simpson, President/CEO.
Authorize and direct City Attorney to file Amicus Letter with
California Supreme Court to hear issue on holding adjudicatory
hearings for locating Radioactive Waste Disposal Facility in Ward
Valley.
Set Public Hearing -- September 7 , 1993 at 10: 00 a.m. -- for the
purpose of increasing sewer service charge within and outside the
City of San Bernardino.
SUPPLEMENTAL AGENDA
AUGUST 16, 1993
S-1 RESOLUTION OF THE CITY OF SAN BERNARDINO URGING THE SOCIAL
SECURITY ADMINISTRATION TO KEEP THE SAN BERNARDINO DISTRICT
OFFICE DOWNTOWN.
S-2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL
MAP FOR SUBDIVISION TRACT NO. 15222 , LOCATED BETWEEN SECOND
AND THIRD STREETS, APPROXIMATELY 362 FEET WEST OF MT. VERNON
AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
FOR PERFORMANCE SPECIFIED.
S-3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL
MAP FOR PARCEL MAP NO. 14450, LOCATED AT THE NORTHWEST CORNER
OF THE INTERSECTION OF "E" STREET AND MARSHALL BOULEVARD,
ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND
AUTHORIZING EXECUTION OF THE PARCEL MAP IMPROVEMENT AGREEMENT
FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR
PERFORMANCE SPECIFIED.
AGENDA
(CLOSED SESSION)
August 16, 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
j 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 - 8/16/93
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;
Stubblefield Construction Company, et al vs. City of San
Bernardino, et al - San Bernardino Superior Court Case No. 242998;
Superior Court Case No. 252058;
Julie Thompson vs. City of San Bernardino, et al - United States
District Court Case No. SA CV92-888 GT (RWRx) ;
JFP:dd[agenda]
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AGENDA - 8/16/93
CLOSED SESSION CASES
Page 3
City of San Bernardino vs. Bussell, et al - San Bernardino Superior
Court Case No. 271568;
Saab vs. City of San Bernardino - San Bernardino Superior Court
Case No. SCV 234561;
Maldonado vs. City of San Bernardino - San Bernardino Superior
Court Case No. 254529
JFP:dd[agenda]
RACHEL CLARK (AGENDA)
CITY CLERK
2ND FLOOR
AGENDA
MAYOR AND COMMON COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
AND THE JOINT POWERS FINANCING AUTHORITY
OF THE CITY OF SAN BERNARDINO
"August 16, 1993 - 11:00 a.m."
(Joint Regular Meeting)
Council Chambers, City Hall
-----------------------------------------------------------------
CALL TO ORDER:
ROLL CALL:
PRESENT:
ABSENT:
------------------------------------- ----------------------------
PUBLIC COMMENTS ON ITEMS NOT ON AGENDA)
--------------------
CONSENT CALENDAR
MOTION: That the motions indicated by Consent Calendar items numbered "1" through "11" be
adopted, except for items numbered:
q 5 g �L
1. JOINT POWERS FINANCING AUTHORITY
_
(CommunityDeveloament Commission)
MOTION: That the Regular Meeting of the Joint Powers Financing Authority be continued
to Monday, September 20, 1993.
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JOINT REGULAR MEr.TING COMMISSION AGENDA
KJH:nm1:cdc-8jr1 1 Date: August 16, 1993
Development Department
2. COMMUNITY DEVELOPMENT COMMISSION MINUTES
(Community Development Commission)
MOTION: That the minutes of the Community Development Commission of the City of
San Bernardino for the meeting of August 2, 1993 be approved as submitted in
3 typewritten form.
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3. REDEVELOPMENT COMMITTEE MINUTES
(Community Development Commission)
MOTTO That the minutes of the Redevelopment Committee of the City of San
Bernardino for the meeting of August 5, 1993 be approved as submitted in
3 typewritten form.
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Public Works Department
4. APPROVAL OF CONTRACT CHANGE ORDER NO. 3—IMPROVEMENTS TO SWIMMING
POOL AT BOYS & GIRLS CLUB, PER PLAN NO. 8891 _NADAR, INC.
(Community Development Commission)
MOTION• That Contract Change Order No. 3 to the contract with Nadar, Inc., for the
improvements to swimming pool at Boys & Girls Club, in accordance with Plan
No. 8890, be approved; to reinstate Bid Item No. 1 and Additive Alternates 1
and 2 to the contract, at the original bid prices, at an increase in the contract
price of$99,400; from $150, 100 to $249,500.
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JOINT REGULAR MEETING COMMISSION AGENDA
KJH:nm1:cdc-6jr2 2 Date: August 16. 1993
Air
5. AWARD OF CONTRACT -INSTALLATION OF EARTHQUAKE RESISTANCE BRACING
SYSTEM, PER EDA 93-0003 _STABILIZER SYSTEMS, INC.
(Mayor and Common Council
MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AWARDING A CONTRACT TO STABILIZER SYSTEMS,
INC. TO INSTALL EARTHQUAKE RESISTANCE BRACING SYSTEMS (ERGS)
IN VARIOUS MOBILEHOMES WITHIN THE CITY OF SAN BERNARDINO.
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Development Department
6. SUNLAC HOUSING DEVELOPMENT PROJECT
(Community Development Commission)
MOTION: That the Community Development Commission adopt the proposed
Homeownership (down payment) Assistance Program for the Sunlac Housing
I 1 Development project and authorize the Chairman and Executive Director to
execute any documents required to effectuate said transaction.
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7. HOUSING DIVISION QUARTERLY ACTIVITY REPORT
(Community Development Commission)
OTION- That the Community Development Commission receive and file the attached
Housing Division Quarterly Activity Report for the months of April through June,
DI , 1993.
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JOINT REGULAR MEETING COMMISSION AGENDA
KJH:nm1:cdc-8jr1 3 Date: August 16, 1993
8. ARDEN-GUTHRIE IMPLEMENTATION STRATEGY
(Community DeveloDment Commission)
Housing Comittee Recommendation
MOTION : That the Community Development Commission approve a Management
Agreement with Equity Management Services, Inc., as designated project
managers for the Arden-Guthrie "Focus" Neighborhood, allocate $542,000 in
3/1 available FY 1993-94 Housing Set-Aside monies for said purpose, and
authorize the Chairman and Executive Director to execute any documents
necessary to effectuate said transaction (Housing Committee: 3-0). ; V
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Housing Committee Recommendation
MOTION B: That the Community Development Commission approve the-pufehase of two (2)
buildings in the Arden-Guthrie Community for conversion to a multiple-use
neighborhood facility, authorize $400,000 in available FY 1993-94 Housing Set-
Aside monies for said purpose and authorize the Chairman and Executive
3 Director to execute any documents necessary to effectuate said transaction.
(Housing Committee: 2 - 1/Councilman Oberhelman)
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Housing Committee Recommendation
MOTION C- That the Community Development Commission approve the acquisition of
leasing of those specific properties necessary for development of a
3/ neighborhood mini-park facility within the Arden-Guthrie "Focus" Neighborhood,
and allocate $20,000 in available FY 1993-94 Housing Set-Aside funds for said
purpose, and authorize the Chairman and Executive Director to execute any
documents necessary to effectuate said transaction. (Housing Committee: 3-
0)
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Housing Committee Recommendation
MOTION D: That the Community Development Commission approve implementation of
specific common area/neighborhood improvements within the Arden-Guthrie
"Focus" Neighborhood, and authorize $550,000 in available FY 1993-94
Housing Set-Aside funds for said purpose. (Housi g Committee: 2 -
1/Councilman Hernandez) c(S el me n c esl
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JOIl%k7 REGULAR MEETING COMMISSION AGENDA
KJH::nm1:cdc-8jr2 4 Date: August 16, 1993
P blic Works Department
9. AUTHORIZATION TO EXECUTE AGREEMENT FOR PROFESSIONAL DESIGN SERVICES _-
IMPROVEMENTS TO HIGHLAND AVENUE & ARDEN AVENUE AREA -WILLDAN
ASSOCIATES
(Community Development Commission)
MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH WILLDAN ASSOCIATES RELATING TO PROVISION OF
PROFESSIONAL ENGINEERING DESIGN SERVICES FOR INFRA-
STRUCTURE IMPROVEMENTS IN THE HIGHLAND AVENUE AND ARDEN
AVENUE AREA.
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Development Department
10. LOS PADRINOS COMMUNITY COALITION AGREEMENT
(Community Development Commission)
MOTION: That the Community Development Commission approve the utilization of Los
Paddnos Community Coalition in conjunction with delivery of assorted graffiti
3 removal and neighborhood clean-up activities, allocate an additional $135,000
for a total of$435,000 in available low/mod housing funds for said purpose, and
authorize the Chairman and Executive Director to execute any documents
necessary to effectuate said transaction.
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Agency Administration
11. ECONOMIC ADVANCEMENT SURVEY-LUNCHEON WORKSHOP-MIC ROOM
(Community Development Commission)
OTIO That the Community Development Commission receive and file the results of
the Inland Empire Eastern Region Economic Advancement Survey.
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END OF CONSENT CALENDAR
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JOINT REGULAR MEETING COMMISSION AGENDA
KJH:nm1:cdc-8jr2 5 Date: August 16, 1993
CLOSED SESSION
12. ADJOURNED 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;
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.
13. ADJOURNMENT
MOTION: That the meeting of the Mayor and Common Council/Community Development
Commission be adjourned to Tuesday, September 7, 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:nm1:cdc-8jf2 6 Date: August 16, 1993