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HomeMy WebLinkAbout06-21-1993 Reg Mtg AGENDA - "_ ` 1111 REGULAR MEETING MAYOR AND COMMON COUNCIL � / `� CITY OF SAN BERNARDINO MONDAY, JUNE 21, 1993 - 8: 30 A.M. COUNCIL CHAMBERS CALL TO ORDER � . 3 1+ . -Vin -e y' /n r'l' y LP Li1'► e f F= n ROLL CALL (� PRESENT: l 1, 3 , ABSENT: L; /'y r,�.. �yyLc—�.c,M1- (t�`' Co ut�t1, �. 3 �t . ►._J 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 6/21/93 7 Q 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 , et al vs. James F. Penman, et al - United States District Court Case No. 91-5757; Sparks vs. City of San Bernardino - San Bernardino Superior Court Case No. 271920; People vs. S & S Meat Products, Inc. , etc. , et al - San Bernardino Superior Court Case No. 274510; Citizens for Preservation of Badger Canyon vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 02292 . END OF CLOSED SESSION 2 6/21/93 RECONVENE MEETING - 9:30 A.M. ROLL CALL �� 3 4/ cI -VI-7 • �i f� /� Cei1 . _ PRESENT: r �f, L^ ABSENT: INVOCATION: yT71 �—ruc%[+f PLEDGE: 1 � /2 . Announcements by Mayor and Council. 13 . 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: Appointments -- Mayor Tom Minor, Council Member Norine Miller and as an Alternate Member, Council Member F. J. Curlin, M. D. -- San Bernardino International Airport Authority (See Attached) MOTION: That the appointments of Mayor Tom Minor, Council Member Norine Miller and as an Alternate Member Council Member F. J. Curlin, M.D. to the San Bernardino International Airport Authority, be , approved. 3 6/21/93 4 . Appointments/Presentations, Cont. Mayor Minor: Appointments -- Mayor Tom Minor, Council Member Valerie Pope-Ludlam, Council Member Eddie Negrete and as an Alternate Member, Council Member Ralph Hernandez to the Inland Valley Development Agency (IVDA) . (See Attached) MOTION: That the appointments of Mayor Tom Minor, Council Member Valerie Pope-Ludlam, Council Member Eddie Negrete and as an Alternate Member, Council Member Ralph Hernandez, to the Inland Valley Development Agency, be approved. Council Member Negrete: Appointment -- Fire Commission -- Mr. Genaro "Jerry" Esparza (See Attached) (Resume available in the Office of the City Clerk. ) Ward 1 MOT That the appointment of Mr. Genaro "Jerry" Esparza to the Fire Commission per Council Member Eddie a Negrete's request, be approved. Council Member Hernandez: Appointment -- Board of Building Commissioners -- Mr. Amado Savala (See Attached) (Resume available in the Office of the City Clerk. ) Ward 3 Appointment -- Bureau of Franchise -- Mrs. Doris Tunner (See Attached) (Resume available in the Office of the City Clerk.) Ward 3 MOTION: That the appointments of Mr. Amado Savala to the Board of Building Commissioners and Mrs. Doris Tunner to the Bureau of Franchise, as requested by C I Council Member Ralph Hernandez, be approved. 4 6/21/93 0 p 4 . Appointments/Presentations, Cont. CONTINUED FROM JUNE 7. 1993 -- Council Member Curlin (Backup material was distributed on June 7, 1993, Item No. 4) Ward 2 Appointment -- Parks & Recreation Commission -- Mr. Thomas L. Sensintaffar Appointment -- Senior Affairs Commission -- Mr. William Autrey Appointment -- Community Development Citizen Advisory Committee -- Ms. Susan Lien MOTION: That the appointments requested by Council Member Curlin, be approved. Service Pin Awards Ceremony. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 32 be adopted except for �, and 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 C" waived. 6. Council Minutes. OTION That the minutes of the following meeting of the Mayor and Common Council of the City of San -� / Bernardino be approved as submitted in typewritten form: May 13, 1993 (Delivered on 6/14/93) 5 6/21/93 (Consent Calendar Continued) 7. Establishment of new classification -- Recycling Coordinator, Refuse Division, Public Services Department-- Range 2393 , $3, 149 - $3, 827/month. (See Attached) (Cost to City -- $45,863/Step 1, $48,150/Step 2 from Enterprise Fund pp - Refuse) MOTION: That the classification of Recycling Coordinator #1 be established with the salary set at Range 2393 , I $3 , 149 - $3 ,827 per month. OTION: That the Personnel Department be directed to #� update Resolution No. 6413 , Section Eleven, and Resolution No. 6433 , to reflect this particular action. (8, Approval of plans and authorization to advertise for bids-- / installation of traffic signals at Arrowhead Avenue & 7th Street. (See Attached) (Cost to City -- $90,000 from Traffic Systems Fee Fund) Ward 1 MOTION: That the plans for installation of traffic signals at Arrowhead Avenue and 7th Street, in accordance with Plan No. 8942 , be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. D_9Adoption of Negative Declaration and Finding of Consistency with the Circulation Element of the General Plan-- extension of Orange Show Road between Arrowhead Avenue and Tippecanoe Avenue. (See Attached) Wards 1 & 3 MOTION: That the Negati vE Declaration for Public Works 11 Project No. 93-03 , tension of Orange Show Road between° Arrowhead Aven a and Tippecanoe Avenue,.,be adopted. i MOTION: What a finding be made t at the exte on of 12 Orange Show Road betwee Arr ad Avenue and Tippecanoe Avenue is consistent with the Circulation Element of the General Plan. 6 6/21/93 (Consent Calendar Continued) 10. Pe nel Actions. (See Attached) MOTION--') That the personnel actions submitted by the Chief Examiner, dated June 10, 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. 11. Joint Powers Financing Authority - Regular Meeting MOTION: That the regular meeting of the Joint Powers Financing Authority be adjourned to July 19, 1993 . RESOLUTIONS MOTION: That the following resolutions be adopted. Administration C12 . Resolution of the City of San Bernardino authorizing the execution of an agreement with the State of California to implement a compressed natural gas fueled vehicle project. (See Attached) City Clerk 13 . Resolution of the City of San Bernardino requesting that the Board of Supervisors of the County of San Bernardino permit the County Registrar of Voters to render services to the City of San Bernardino, relating to a Special Municipal Election to be held on September 14, 1993 . (See Attached) (Cost City -- $5,000 Estimated from General Fund) 7 6/21/93 (Consent Calendar Continued) Parks, Recreation & Community Services C14 . Resolution of the City of San Bernardino authorizing the Director of Parks, Recreation and Community Services Department to execute Amendment No. 3 to the agreement between the City and Casa Ramona, Inc. , relating to the operation of a drop-in center located at 1524 West 7th Street, San Bernardino, California, to extend the term of the agreement for an additional one year period. (See Attach (Cost to City -- $50,783 from General Fund) Y . Ward 1 Public Works/City Engineer 15. Resolution of the City of San Bernardino awarding a contract to E. L. Yeager Construction Company, Inc. , for pavement rehabilitation of Waterman Avenue, from Barton Road to Redlands Boulevard. (See Attached) (Cost to City-- $401,000 from Street Construction, Storm Drain Construction & Traffic Systems Fee Funds) (Contract documents available in the Cit Clerk's Office. ) Ward 3 16. Resolution of the City of San Bernardino authorizing the execution of an agreement with Speedflo, Inc. , relating to provision of video inspection services for the storm drain system. (See Attached) (Cost to City -- $25,150 from NPDES Program Fun L/(�, 17 . Resolution of the City of San Bernardino authorizing the execution of a cooperative agreement with the City of Rialto relating to construction and maintenance of a traffic signal at Eucalyptus Avenue and Merrill Avenue (Mill Street) . (See Attached) st to City -- $38,000 from Traffic Systems Fee Fund) C/o Ward 3 8 6/21/93 i 0 (Consent Calendar Continued) Public Works/City Engineer, Cont. 18 . Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of State-Local Entity Master Agreement No. TSM/FCR-5033 , between said City and the State of California, acting by and through its Department of Transportation, relating to the traffic systems management/flexible congestion relief programs, pursuant to Section 164, Et. Seq. , of the Streets and Highways Codes (See Attached) Wards 2, 6 & 7 (-7! ' 19 . esolution of the City of San Bernardino authorizing the xecution of an agreement with Mr. Ahsan Habib relating to reimbursement of costs for extension of sewer main in Meyers Road, East of Little League Drive. (See Attached) (Cost to City -- $ 7,054.47 from Sewer Line Construction Fund. ) Ward 5 20. / A resolution of the City of San Bernardino abandoning proceedings under Chapter 12 . 90 of the Municipal Code in portions of Waterman Avenue between Interstate Highway 10 and Base Line Street for the installation and maintenance of landscapin City of San Bernardino, California. (See Attached) � : Wards 1, 2 & 3 21. Resolution of the City of San Bernardino confirming the 1993-94 assessment roll for Assessment District No. 956, landscaping maintenance, Carnegie Drive area. (See Attached) (Cost to City -- $49,049.45 from Assessment District No. 956 Fund) Ward 1 9 6/21/93 (Consent Calendar Continued) Public works/City Engineer, Cont. 22 . Resolution of the City of San Bernardino confirming the 1993-94 assessment roll for Assessment District No. 959, landscaping maintenance, portions of Kendall Drive, Shandin Hills Drive, "F" Street, and Little Mountain Drive (Shandin Hills area) . (See Attached) (Cost to City -- $38,057.10 from Assessment District No. 959 Fund) (Exhibit A, Assessment Ro , available in the Office of the City Clerk.) (�/G- ) Ward 5 23 . Resolution of the City of San Bernardino confirming the 1993-94 assessment roll for Assessment District No. 962 , for the maintenance of a sewer lift station in the area generally located easterly of Pine Avenue and southerly of Belmont Avenue, in the City of San Bernardino. (See Attached) (Cost to City -- $13,212.40 from Assessment District No. 962 Fund) (Exhibit A, Assessment Roll, available in _the Office of the City Clerk.) Ward 5 24 . Resolution of the City of San Bernardino confirming the 1993-94 assessment roll for Assessment District No. 963, for the maintenance of a sewer lift station in portions of Allen Street, North of Central Avenue in the City of San Bernardino. (See Attached) (Cost to City -- $1,863.12 from Assessment District No. 963 Fund) Ward 3 i 25. Resolution of the City of San Bernardino confirming the 1993-94 assessment roll for Assessment District No. 968, landscaping maintenance, Airport Drive between Commercenter East and Commercenter West. (See Attached) (Cost to City- - $6,647.34 from Assessment District No. 968 Fund) Ward 3 DIG 10 6/21/93 0 0 (Consent Calendar Continued) Public works/City Engineer. Cont. 26. Resolution of the City of San Bernardino confirming the 1993-94 assessment roll for Assessment District No. 969, landscaping maintenance, Irvington and Olive Avenue area. (See Attached) (Cost to City -- $1,432.64 from Assessment District No. 9 ,Fund) Ward 5 A" 27 . Resolution of the City of San Bernardino confirming the 1993-94 assessment roll for Assessment District No. 970, landscaping maintenance, Cable Creek area. (See Attached) (Cost to City -- $5, 186.01 from Assessment District No. 970 Fund) / Ward 5 28 . Resolution of the City of San Bernardino confirming the 1993-94 assessment roll for Assessment District No. 974, landscaping maintenance, Rialto and Eucalyptus Avenue area. (See Attached) (Cost to City -- $6,077.20 from Assessment District No. 97 .-Fkmd) Ward 3 29. Resolution of the City of San Bernardino confirming the 1993-94 assessment roll for Assessment District No. 975, landscaping maintenance, Pepper and Mill area. (See Attached) (Cost to City -- $13,797.70 from Assessment District No. 975 .Fund) Ward 3 30. Resolution of the City of San Bernardino confirming the 1993-94 assessment roll for Assessment District No. 981, landscaping maintenance, Meridian and Randall Avenue area. (See Attached) (Cost to City -- $15,367.13 from Assessment District No. 981 Fund) (Exhibit A, Assessment Roll, available in the Office of the City Clerk. ) Ward 3 6/6 n 11 6/21/93 (Consent Calendar Continued) Public Works/City Engineer, Cont. 31. Resolution of the City of San Bernardino confirming the 1993-94 assessment roll for Assessment District No. 982, landscaping maintenance, Piedmont Drive area. (See Attached) (Cost to City -- $13,254.72 from Assessment District No. 97812.-Fund) Ward 4 ORDINANCE - FINAL READING 32 . An ordinance of the City of San Bernardino adding Section 5.76. 575 to the San Bernardino Municipal Code clarifying that the City is exempt from the provisions of the taxicab, ambulance and Chartered Vehicle Ordinance. (See Attached) MOTION: That said ordinance be adopted. END OF CONSENT CALENDAR 12 6/21/93 ` ® 0 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 JUNE 7 1993 33 . Appeal - Decision of Police Commission to deny operator's permit for operation of the Desert Inn Motel - 607 W. 5th Street - Jack & Linda Liao. (Backup material was distributed on March 22, 1993, Item No. 33) Ward 1 Mayor to n the hearing . . . ' MOTION: That the hearin g �be closed; and that the Mayor and Y Common Council uphold the decision of the Chief of Police and Police Commission to deny an operator's a permit for Jack and Linda Liao to operate the Desert Inn Motel. TO BE HEARD AT 10:00 A.M. 34 . Public hearing - proposed increase in range fees at Perris Hill Pistol Range from $50 to $100. (See Attached) Ward 2 Resolution of the City of San Bernardino establishing a schedule of fees for use of the Perris Hill Pistol Range, San Bernardino, California; and repealing Resolution No. 87- 288. Mayor to pen the hearing . . . MOTION:, That the hearing be closed; and that said - -�' resolution be adopted. 13 6/21/93 0 0 (Public Hearings Continued) 35. TO BE HEARD AT 10:00 A.M. Public Hearing - Annexation No. 354 for the annexation of the territory generally located South of 6th Street, West of Pedley Road (LAFCO 2743) (See Attached) (Cost to City-- $650 from General Fund) Ward 2 Resolution of the City of San Bernardino determining that protests by property owners owning less than fifty percent (50%) of the assessed value of the territory proposed to be annexed have been filed and ordering Annexation No. 354 (LAFCO 2743) for the territory generally located South of Sixth Street, West of Pedley Road, and detachment from CSA 38, CSA 38 Improvement Zone G, CSA 38 Improvement Zone L, CSA 70, CSA 70 Improvement Zone A and CSA SL-1. Mayor to open the hearing . . . MOTION:, That the public hearing to receive, consider and rule upon written protests in the matter of Annexation No. 354, for the territory generally located South of 6th Street, West of Pedley Road, designated LAFCO 2743 , is hereby closed. MOTION: That said resolution be adopted. #2 -� CONTINUED ITEMS CONTINUED FROM JUNE 7. 1993 36. 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 (Proposed Annexation No. 343) . (Cost to City - $4,150 from General Fund) (Backup material was distributed on June 7, 1993, Item No. 22) (See attached revised legal d ,ion for proposed Annexation No. 343.) Wards 5 & 6 f�l 70MOTION: That said resolution be adopted. 14 6/21/93 (Continued Items Continued) CONTINUED FROM JUNE 7. 1993 37 . Resolution of the City of San Bernardino awarding a purchase order to Walt Rankin for the furnishing and delivery of playground surfacing, to be utilized by the Parks, Recreation and Community Service Department in accordance �,. with Bid Specification F-93-15. (Cost to City - $39,926 from Park Construction Fund) (Backup material was distributed on June 7, 1993, Item No. 25) MOTION: That said re lutio _s-ad"opted. CONTINUED FROM MAY 24, 1993 - FINAL READING 38 . An ordinance of the City of San Bernardino amending Sections 15 . 04 . 020 , 15 . 04 . 070, 15. 04 . 075, 15. 04 . 080, 15. 04 . 085, 15 . 04 . 100 , 15 . 04 . 120, 15. 04 . 130, 15. 04 . 133 , 15. 04. 140, 15 . 04 . 1501, 15 . 04 . 160, 15. 04 . 165, 15. 04 . 167, 15. 04. 175, 15 . 04 . 177 , 15 . 04 . 179, 15. 04 .220, 15. 20. 040, 15.20. 080, 15 . 20 . 120 , 15 . 28 . 010 , 15 . 28 . 020, 15. 28. 170, repealing Chapters 15 . 38 , 15 . 40 , 15 . 44 , 15 . 60 , and Sections 15 . 04 . 040 , 15 . 04 . 095, 15. 04. 1400, 15. 04 . 1501 15. 04. 160, 15 . 04 . 170 , 15 . 04 . 190, 15. 28 . 030, 15.28. 040, 15.28. 050, 15 . 28 . 060 , 15 . 28 . 070, 15. 28. 0801 15. 28. 090, 15.28. 100, 15 . 28 . 110 , 15 . 28 . 120 , and adding Sections 15. 04. 076, 15 . 04 . 077, 15. 04 . 081, 15. 040. 083 , 15. 04 . 112 , 15. 04 . 114 , 15. 04 . 125, 15. 04 . 163 , 15. 04 . 221, 15. 04 .222 , 15. 04 . 223 of the San Bernardino Municipal Code and adopting the Uniform Building Code, 1991 Edition, the Uniform Building Code Standards, 1991 Edition, the Uniform Housing Code, 1991 Edition, the Uniform Administrative Code, 1991 Edition, the Uniform Building Security Code, 1991 Edition, the Uniform Mechanical Code, 1991 Edition, the Uniform Plumbing Code, 1991 Edition, the Uniform Swimming Pool Spa and Hot Tub Code, 1991 Edition, the National Electrical Code, 1990 Edition, the Uniform Code for Solar Energy Installations, 1991 Edition, the Uniform Code for the Abatement of Dangerous Buildings, 1991 Edition, and amendments thereon. (S,e�tached) (See attached memorandum dated June 15, 1993 om--1:-h Director of Planning & Building Services.) MOTION: That said ordinance be adopted. JIL-1 15 6/21/93 (Continued Items Continued) 39. CONTINUED FROM JUNE 7 1993 - FINAL READING An ordinance of the City of San Bernardino amending the San Bernardino Municipal Code (Title 19 - The Development Code) to add Chapter 19 . 11 TCC (TriCity Corporate Centre Overlay) District which provides for the implementation of the �xx TriCity Corporate Centre land use plan and design guidelines. (See Attached) (Cost to City - $25 from Fish & Game/County Filing Fee for Mitigated Negative Declaration) MOTION: That said ordinance be adopted. STAFF REPORTS 40. Initiation of a Development Code Amendment to permit billboards -- Council Member Pope-Ludlam. (See Attached) MOTION: That the Planning Divisi n of Planning & ilding Services -be directed to pr are a De opment Code Amennt to consider permit illboards. 41. Request for waiver of fees -- $2 ,944 .43 -- Arrowhead Elks Parade, June 26, 1993 -- Arrowhead Elks Lodge No. 896. (See At ) Ward 1 MOTION. That the request for a waiver of fees in the #1 amount of $2 , 944 .43 to assist in the conduct of N the 1993 annual Elks Parade on June 26, 1993, be `- approved. MOTION: Tha the reque for a waiver of fees in t #2 ount of $2 , 94 43 to assist in conduct of he 1993 annual E Parade une 26, 1993, be denied. 16 6/21/93 42. Adjournment. MOTION: That the Mayor and Common Council meeting be adjourned to 8:00 a.m. , Tuesday, July 6, 1993 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. NOTICE: Any member of the public may address this meeting of the Mayor and Common Council on any item appearing on the agenda, by approaching the microphone in the Council Chambers when the item about which the member desires to speak is called, and by asking to be recognized. Any member of the public desiring to speak to the Mayor and Common Council 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. 17 6/21/93 City Clerk (1) Second Floor SUPPLEMENTAL AGENDA JUNE 21, 1993 MOTION: That the following resolutions be adopted. S-1 Resolution of the City of San Bernardino approving and adop g an interim budget of said City for the fiscal year 1U�1��4Tending adoption of the FY 1993-94 final budget. S-2 Resolution of the City of San Bernardino providing for the appointmtfits of a Mayor Pro Tempore for the 1993-94 fiscal yea , effe tive July 1, 1993 . (See Attached) S-3 Resolution of the City of San Bernardino awarding a purchase order to Motorola for the furnishing, delivery and lease purchase financing of three hundred (300) each, Motorola STX portable 800 MHz radios to be utilized citywide. (See Attached) (Cost to City -- $149,959/year for three years, lease purchase from Asset Forfeiture Fund & General Fund. See St eport for dollar breakdown. ) S-4 A resolution of the Mayor and Common Council of the City of San Bernardino, approving a preannexation agreement with the San Bernardino Valley Water Conservation District relating to parcels B & C of the Local Agency Formation Commission Annexat' o. 2751. (See Attached) Wards 1, 2, 4 & 7 77/ 1 6/21/93 S-5 Resolution of the City of San Bernardino adopting a revised Police Department Pursuit Policy, SOP Chapter #36, Procedure #3 , in accordance with CVC 17004 .7. (See Attached) Ll[ S-6 Approval of appropriation from the general fund reserve to the City Attorney's budget to fund outside attorney and litigation costs. (See Attached) (Cost to City -- $200,000 from General Fund Reserve) MOTION: That the F' ance rector be instructed t draw down addi ional amo is not to exceed 00, 000 from the general fund reserve to fund yment of outside attorney bills from the fo owing City Attorn y budget accoun s: Li ' ation-Outside f Attor y (001-051-53049) gation (001-051- ) 53050 plus an additional sum to cover estimated expe ses for June as indicated by the City Attornev. Per Jim Penman, 6/18/93, revised motion to read: That the- Finance Director be instructed to draw down additional amounts not to 6,471 exceed $319,635.95 from the general fund reserve to fund pgyment of outside attorney bills from the following City Attorney budget accounts: Litigation- Outside Attorney (001-051-53049) and Litigation (001-051-53050). S-7 Resolution of the City of San Bernardino awarding a contract to the Superior Signal Service Corporation for traffic signal modifications and interconnect in the Central Business District. (See Attached) (Cost to City-- $794,000 from Street Construction Fund) Ward 1 MOTION: That said resolution be adopted. 2 6/21/93 AGENDA (CLOSED SESSION) JUNE 21, 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 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 G 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 j, 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 - 6/21/93 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 q 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, et al vs . James F. Penman, et al - United States District Court - Case No. 91-5757 Sparks vs . City of San Bernardino - San Bernardino Superior Court Case No. 271920 People vs . S & S Meat Products, Inc. etc . , et al - San Bernardino Superior Court Case No. 274510; Citizens for Preservation of Badger Canyon vs . City of San Bernardino - San Bernardino Superior Court Case No. SCV 02292 JFP:dd[agenda] SUPPLEMENTAL AGENDA JUNE 21, 1993 S-1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING AN INTERIM BUDGET OF SAID CITY FOR THE FISCAL YEAR 1993-94 PENDING ADOPTION OF THE FY 1993- 94 FINAL BUDGET. S-2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE APPOINTMENTS OF A MAYOR PRO TEMPORE FOR THE 1993-94 FISCAL YEAR, EFFECTIVE JULY 1, 1993 . S-3 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO MOTOROLA FOR THE FURNISHING, DELIVERY AND LEASE PURCHASE FINANCING OF THREE HUNDRED (300) EACH, MOTOROLA STX PORTABLE 800 MHZ RADIOS TO BE UTILIZED CITYWIDE. Cost to City -- $149,959.00/yr. through 3 year, lease purchase from Asset Forfeiture Fund and General Fund, see Staff Report for Dollar breakdown) S-4 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, APPROVING A PREANNEXATION AGREEMENT WITH THE SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT RELATING TO PARCELS B&C OF THE LOCAL AGENCY FORMATION COMMISSION ANNEXATION NO. 2751. (WARDS 1, 2 , 4 , 7) S-5 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A REVISED POLICE DEPARTMENT/ POLICY, SOP CHAPTER #36, PROCEDURE #3 , IN ACCORDANCE WITH CVC 17004 . 7 . S-6 Approval of appropriation from the General Fund Reserve to the City Attorney's Budget to fund outside attorney costs. S-7 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO THE SUPERIOR SIGNAL SERVICE CORPORATION FOR TRAFFIC SIGNAL MODIFICATIONS AND INTERCONNECT IN THE CENTRAL BUSINESS DISTRICT. (WARD 1) Cost to the City -- 794,000 from Street Construction Fund. A G E N D A JUNE 21, 1993 ✓ PLEASE SEE ATTACHED LIST FROM CITY ATTORNEY'S OFFICE FOR CLOSED SESSION ITEMS. ANNOUNCEMENTS BY MAYOR AND COUNCIL APPOINTMENTS/PRESENTATIONS ✓Appointments: ,/Mr. Amado Savala -- Building Commission -- Councilman Hernandez " Mr. Jerry Esparza -- Fire Commission -- Councilman Negrete Mayor Tom Minor, Councilwoman Norine Miller -- San Bernardino International Airport Authority (SBIAA) ; Alternate Member -- Councilmember Freddie Curlin ' Mayor Tom Minor, Councilwoman Valerie Pope-Ludlam, Councilman Negrete, Inland Valley Development Agency (IVDA) ; Alternate Member, Councilman Ralph Hernandez Service Pin Award Ceremony CONSENT CALENDAR Motion: That the motions indicated by Consent Calendar Items through be adopted, except for and V Establishment of new classification -- Recycling Coordinator, Refuse Division, Public Services Department -- Range 2393 , $3 , 149 - $3 , 827/mo. 6 Approval of plans and authorization to advertise for bids -- installation of traffic signals at Arrowhead Avenue & 7th Street (Ward 1) Cost to City -- $90, 000 from Traffic Systems fee Fund) . ,,Adoption of Negative Declaration and Finding of Consistency with the Circulation Element of the General Plan -- extension of Orange Show Road between Arrowhead Avenue and Tippecanoe Avenue. (Wards 1- 3) . Claims and Payroll T9,, ll/v & 1101" 140) "g0 ot-,p /Personnel Actions RESOLUTIONS CITY ADMINISTRATOR RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA TO IMPLEMENT A COMPRESSED NATURAL GAS FUELED VEHICLE PROJECT. CITY CLERK RESOLUTION OF THE CITY OF SAN BERNARDINO REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO PERMIT THE COUNTY REGISTRAR OF VOTERS TO RENDER SERVICES TO THE CITY OF SAN BERNARDINO, RELATING TO A SPECIAL MUNICIPAL ELECTION TO BE HELD ON SEPTEMBER 14 , 1993 . Cost to City -- $5,000.00 from Special Election Fund FACILITIES MANAGEMENT o" MOTION: That the Director of Risk Management or his designee be appointed as Hearing Officer for contested parking violations in accordance with the provisions of AB 408 . k� RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION ,tOF AN AGREEMENT WITH THE CITIES OF REDLANDS AND LOMA LINDA RELATING kV0 THE JOINT USE OF THE CITY OF SAN BERNARDINO'S HEARING OFFICER \SERVICES, IN ACCORDANCE WITH ASSEMBLY BILL 408 . PARKS , RECREATION, COMMUNITY SERVICES RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN THE CITY AND CASA RAMONA, INC. RELATING TO THE OPERATION OF A DROP-IN CENTER LOCATED AT 1524 WEST 7TH STREET, SAN BERNARDINO, CALIFORNIA, TO EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL ONE YEAR PERIOD. (WARD 1) Cost to City -- $50,783 .00 from General Fund PUBLIC WORKS 4/RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO E.L. YEAGER CONSTRUCTION COMPANY, INC. FOR PAVEMENT REHABILITATION OF WATERMAN AVENUE, FROM BARTON ROAD TO REDLANDS BOULEVARD. (WARD 3) Cost to City -- $401,000. 00 from Street Construction, Storm Drain Construction & Traffic Systems Fee RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SPEEDFLO, INC. RELATING TO PROVISION OF VIDEO INSPECTION SERVICES FOR THE STORM DRAIN SYSTEM. Cost to City -- $25,150. 00 from NPDES Program Fund. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE CITY OF RIALTO RELATING TO CONSTRUCTION AND MAINTENANCE OF A TRAFFIC SIGNAL AT EUCALYPTUS AVENUE AND MERRILL AVENUE (MILL STREET) . (WARD 3) Cost to City -- $38,000.00 from Traffic Systems Fee Fund RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF STATE-LOCAL ENTITY MASTER AGREEMENT NO. TSM/FCR-5033 , BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE TRAFFIC SYSTEMS MANAGEMENT/FLEXIBLE CONGESTION RELIEF PROGRAMS, PURSUANT TO SECTION 164 , ET. SEQ. , OF THE STREETS AND HIGHWAYS CODE. (WARDS 2 , 6 & 7) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MR. AHSAN HABIB RELATING TO REIMBURSEMENT OF COSTS FOR EXTENSION OF SEWER MAIN IN MEYERS ROAD, EAST OF LITTLE LEAGUE DRIVE. (WARD 5) Cost to City -- $37,054.47 from Sewer Line Construction Fund RESOLUTION OF THE CITY OF SAN BERNARDINO ABANDONING PROCEEDINGS UNDER CHAPTER 12 . 90 OF THE MUNICIPAL CODE IN PORTIONS OF WATERMAN AVENUE BETWEEN INTERSTATE HIGHWAY 10 AND BASELINE STREET FOR THE INSTALLATION AND MAINTENANCE OF LANDSCAPING IN THE CITY OF SAN BERNARDINO, CALIFORNIA. (ASSESSMENT DISTRICT 1000) (WARDS 1, 2 , & 3) RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 956, LANDSCAPING MAINTENANCE, CARNEGIE DRIVE AREA. (WARD 1) Cost to City -- $49,049 .45 from Assessment District No. 956 to be recouped through assessments RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 959, LANDSCAPING MAINTENANCE, PORTIONS OF KENDALL DRIVE, SHANDIN HILLS DRIVE, "F" STREET, AND LITTLE MOUNTAIN DRIVE (SHANDIN HILLS AREA) . (WARD 5) Cost to City -- $38,057. 10 from Assessment District No. 959 to be recouped through assessments RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 962 , FOR THE MAINTENANCE OF A SEWER LIFT STATION IN THE AREA GENERALLY LOCATED EASTERLY OF PINE AVENUE AND SOUTHERLY OF BELMONT AVENUE, IN THE CITY OF SAN BERNARDINO. (WARD 5) Cost to City -- $13,212 .40 from Assessment District No. 962 to be recouped through assessments RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 963 , FOR THE MAINTENANCE OF A SEWER LIFT STATION IN PORTIONS OF ALLEN STREET, NORTH OF CENTRAL AVENUE IN THE CITY OF SAN BERNARDINO. (WARD 3) Cost to City -- $1,863.12 from Assessment District No. 963 to be recouped through assessments RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 968, LANDSCAPING MAINTENANCE, AIRPORT DRIVE BETWEEN COMMERCENTER EAST AND COMMERCENTER WEST. (WARD 3) Cost to City -- $6,647 .34 from Assessment District No. 968 to be recouped through assessments RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 969 , LANDSCAPING MAINTENANCE, IRVINGTON AND OLIVE AVENUE AREA. (WARD 5) Cost to City -- $1,432 . 64 from Assessment District No. 969 to be recouped through assessments RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 970, LANDSCAPING MAINTENANCE, CABLE CREEK AREA. (WARD 5) Cost to City -- $5,186.01 from Assessment District No. 970 to be recouped through assessments RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 974 , LANDSCAPING MAINTENANCE, RIALTO AND EUCALYPTUS AVENUE AREA. (WARD 3) Cost to City -- $6,077 .20 from Assessment District 974 to be recouped through assessments RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 975, LANDSCAPING MAINTENANCE, PEPPER AND MILL AREA. (WARD 3) Cost to City -- $13,797 .70 from Assessment District 975 to be recouped through assessments RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 981, LANDSCAPING MAINTENANCE, MERIDIAN AND RANDALL AVENUE AREA. (WARD 3) Cost to City -- $15,367 . 13 from Assessment District 981 to be recouped // through assessments flfRESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1993-94 ASSESSMENT DISTRICT NO. 982 , LANDSCAPING MAINTENANCE, PIEDMONT DRIVE AREA. (WARD 4) Cost to City -- $13,254.72 from Assessment District 982 to be recouped through assessments HEARINGS TO BE HEARD AT 10:00 A.M. MOTION• )That the public hearing to receive, consider and rule upon written protests in the matter of Annexation No. 354 , for the territory generally located south of 6th Street, west of Pedley Road, designated LAFCO 2743 , is hereby closed. RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT PROTESTS BY PROPERTY OWNERS OWNING LESS THAN FIFTY PERCENT (50%) OF THE ASSESSED VALUE OF THE TERRITORY PROPOSED TO BE ANNEXED HAVE BEEN FILED AND ORDERING ANNEXATION NO. 354 (LAFCO 2743) FOR THE TERRITORY GENERALLY LOCATED SOUTH OF SIXTH STREET, WEST OF PEDLEY ROAD, AND DETACHMENT FROM CSA 38, CSA 38 IMPROVEMENT ZONE G, CSA 38 IMPROVEMENT ZONE L, CSA 70, CSA 70 IMPROVEMENT ZONE A AND CSA SL-1. (WARD 2) Cost to City -- $650.00 from General Fund RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A SCHEDULED OF FEES FOR USE OF THE PERRIS HILL PISTOL RANGE, SAN BERNARDINO, CALIFORNIA; AND REPEALING RESOLUTION NO. 87-288. A G E N D A STAFF REPORTS JUNE 21, 1993 -�✓Initiation of Development Code amendment to permit billboards. ,/v/Request for waiver of fees -- Arrowhead Elks Parade -- June 26, 1993 -- $2 , 944 . 43 -- Arrowhead Elks Lodge No. 896.