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HomeMy WebLinkAbout02-07-1994 Reg Mtg Agenda City Clerk (1) AGENDA REGULAR MEETING MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO A -1 MONDAY, FEBRUARY 7, 1994 - 8: 00 A.M. ;:> COUNCIL CHAMBERS CALL TO ORDER ROLL CALL �7 PRESENT: ABSENT• �, �... et1•'U /� 5 �t , �'► CLOSED SESSION 1. The Mayor and Common Council and Community Development Commission will recess to closed session for the following: a. to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54957. 6; 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. 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) ; d. 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; e. to consider personnel matters pursuant to Government Code Section 54957; f. 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 2/7/94 g. 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: h. to meet with an applicant for a City license and the applicant ' s attorney pursuant to Government Code Section 54956. 7 ; i. to meet with the Chief of Police regarding matters of public security pursuant to Government Code Section 54957; j . 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: END OF CLOSED SESSION 2 2/7/94 RECONVENE MEETING - 9 : 00 A.M. ROLL CALL / ' G �_ el , PRESENT: � / 2..; 3 y/ �i G 7 ABSENT: INVOCATION: e„� �� �hc"`.c.�t� T��`� .r'>'' �u"tiC�✓ PLEDGE: /2 . Appointments/Presentations: Appointments: Appointment -- Council Member Devlin -- Corridor Beautification Authority to replace former Council Member Minor. (See Attached) t ION: That the appointment of Council Member Devlin to the Corridor Beautification Authority, to replace � former Council Member Minor, be approved. Appointment -- Alton L. Garrett, Jr. -- Board of Water Commissioners - Mayor Minor. (See Attached) (Resume available in City Clerk's Office) MOTION- That the appointment of Alton L. Garrett, Jr. , to 3/L the Board of Water Commissioners, be approved. ✓3 . Announcements by Mayor and Council. J4 . 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. ) 3 2/7/94 CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 16 be adopted, except for S 2— , /3 , /� 15 , and �. 5."; Waive further reading of resolutions and ordinances. (N=OTION- That further reading of all resolutions and ordinances on the regular, supplemental and C�) Community Development Commission agendas, be waived. 6. Council Minutes. MOTION: That the minutes of the following meetings of the Mayor and Common Council of the City of San Sly Bernardino be approved as submitted in typewritten form: December 6, 1993 (Delivered on 1/31/94) December 20, 1993 (Delivered on 1/31/94) January 10, 1994 (Delivered on 2/1/94) 7 . Authorize transfer of funds in the amount of $12, 000-- construction of street improvements at 9th Street and Wilson Street. (See Attached) (Cost to City -- $12,000 from 1/2 Cent Sales Tax - Local Fund.) Ward 6 MOTION: That the transfer of $12 , 000 from Account No. 129- y 309-57835, "Redlands Boulevard, from Hunts Lane to East City Limits, " to Account No. 129-309-57851, "Street Improvements - 9th Street and Wilson Street, " be approved. 8 . Transfer of funds -- preparation of plans for improvements �_...,_ required by Flood Control District as condition of right-of- way -- northeast corner of Mill Street and Pepper Avenue. (See Attached) (Cost to City -- $8,000 from 1/2 Cent Sales Tax - Local Fund.) Ward 3 OTION- That the transfer of $8, 000 from Account No. 129- �-1�3 309-57835, "Redlands Boulevard, from Hunts Lane to East City Limits, " to Account No. 129-309-57852 , "Improvements - Northeast Corner of Mill Street and Pepper Avenue, " be approved. Al C9)-11,10 4 2/7/94 0 ) C5) (Consent Calendar Continued) j 9 . Authorization to proceed -- acquisition of additional right- `---. of-way at northwest corner of Rialto Avenue and Mt. Vernon Avenue. (See Attached) (Cost to City -- $6,000 to be reimbursed by developer.) Ward 3 �MOTIOM:/ That the City Attorney, City Clerk and Director of Public Works/City Engineer be authorized to initiate eminent domain proceedings for the acquisition of approximately 300 square feet of additional right-of-way, at the northwest corner of Rialto Avenue and Mt. Vernon Avenue, by an immediate right-of-entry; and to authorize the acquisition of an appraisal and title report. 10. Claims and Payroll. (See Attached) MOTION: That the claims and payroll, and authorization to issue warrants as listed on the memorandum dated t-{l3 February 2 , 1994, from the Director of Finance, be approved. 11. Personnel Actions. (See Attached) MOTION: That the personnel actions submitted by the Chief Examiner dated January 27, 1994, in accordance with Civil Service Rules and Regulations and y 3 Personnel Policies adopted by the Mayor and Common Council, be approved and ratified. RESOLUTIONS MOTION: That the following resolutions be adopted. Animal Control X12 ., Resolution of the City of San Bernardino authorizing the 3�1 - execution of an agreement with the City of Fontana for animal care and control services. 5 ' X7/94 r-1 �r�l t- -✓L rti (Consent Calendar Continued) Public Services 13 . ' 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 cos of the abatement. (Weed Abatement) (See Attached) Public Works/Engineering 114 . Resolution of the City of San Bernardino amending Resolution No. 89-378, entitled, in part "Ordering the vacation of portions of Main Street and Broadway Street, between II ' Street and 'J' Street. . ;" to apply to the new grade crossing for the extension of Orange Show Road in lieu of the new "F" Street grade crossing. (See Attached) Wards 1 & 3 �15. Resolution of the City of San Bernardino awarding a contract to Utah Pacific Construction Company for installation of interceptor sewer in Cajon Boulevard, between Devil's Creek Canyon and Little League Drive. (See Attached) (Cost to City -- $600,000 from Sewer Line Construction Fund. ) (Contract doc nts are available in City Clerk' s Office) Ward 6 3 `16 . Resolution of the City of San Bernardino authorizing and directing the execution of agreement for assessment engineering services with the firm of GFB-Friedrich & Associates, Inc. , and an agreement for consultant services with the firm of Brown, Diven & Hentschke relative to the proposed extension and expansion of City-wide Assessment District No. 994 . (Cost to City -- $26,340 from Assessment District No. 994 -- City-wide Street Lighting/Street Sweeping District) y/D7 END OF CONSENT CALENDAR 6 2/7/94 CONTINUED ITEMS CONTINUED FROM JANUARY 24, 1994 17 . Resolution of the Mayor and Common Council of the City of San Bernardino adopting regulations relating to posting of the agenda and the length of time for public comments on items both on and not on the agenda pursuant to the Ralph M. Brown Act and repealing Resolution Nos. 87-1, 87-60 and 88- 280. (Backup material was distributed on January 24, 1994, Item No. 14) MOTI T said r solution opted. q CONTINUED FROM JANUARY 24, 1994 18. An ordinance of the City of San Bernardino amending Section 8.90. 050.E of the San Bernardino Municipal Code relating to notice to the City of long term leases entered into by mobile home owners. (Backup material was distributed on January 24, 1994, Item No. 22) MOTION: That said ordinance be adopted. CONTINUED FROM JANUARY 10, 1994 19 . Adoption of City' s Mission Statement. (Backup material was origin" distributed on December 6, 1993, Item No. 7) OTION: That the recommended mission statement be adopted. 7 2/7/94 ORDINANCE - FIRST READING 20. Ordinance of the City of San Bernardino amending Chapters ` 5. 12 and 5.82 of the San Bernardino Municipal Code, by / adding Sections 5. 12 .055 and 5.82 . 075 relating to violation of conditions on operators permits. MOTION: T'ha 5 aid o ance be laid for final apoption. STAFF REPORTS 21. Approve transfer of funds -- $25, 000 -- from "Redlands Boulevard, Hunts Lane to Waterman Avenue, " to "Construction of Traffic Diverter on 17th Street, West of Arrowhead Avenue. " (See Attached) (Cost -to City -- $25,000 from 1/2 Cent Sales Tax - Local Fund. ) Ward 2 MOTION: That the tra o 25, 000 from the available balance i Account No. 129-309-57835, "Redlands Boulev - Hunts Lane Waterman Avenue, " to Acco t No. 129-309-57495, "Construction a Tr fic Diverter on 17th Street, Arrowhead Av nue, " be approved. 8 2/7/94 (Staff Reports Continued) 22 . Approval of contract Change Order No. Two -- installation of an additional 48 cubic yards of concrete under item "Miscellaneous Concrete" on a time and materials basis-- $11,935.79 estimated contract increase -- rehabilitation of pavement on Arrowhead Avenue, from Mill Street to 3rd Street -- Matich Corporation. (See Attached) (Cost to City-- $11,935.79 from Street Construction Fund which will be reimbursed with Federal-Aid Surface Transportation Funds.) Ward 1 MOTION: That Change Order No. Two to the contract with Matich Corporation, for rehabilitation of Arrowhead Avenue, from Mill Street to 3rd Street, I� be approved; to authorize the contractor to / install an additional 48 cubic yards of concrete under item "Miscellaneous Concrete" on a time and materials basis, at an estimated increase of $11, 935.79 in the contract price, from $641, 913 to $653 , 848.79. 23 . Approval of contract Change Order No. Three -- relocation of the traffic signals and accessories to facilitate the proposed street widening at the southwest corner of Rialto & "E" Streets -- contract increase not-to-exceed $11, 000-- interconnect and modification of traffic signals - Central Business District -- Superior Signal Service Corp. (See Attached) (Cost to City -- $11,000 from Street Construction Fund which will be reimbursed with Federal Aid CIKAQ Funds. ) Ward 1 MOTION: That Change Order No. Three to the contract with Superior Signal Service, for the modification of traffic signals in the Central Business District, 3 l, / be approved, to authorize the relocation of the / y traffic signals and accessories to facilitate the proposed street widening at the southwest corner of Rialto and "E" Streets, at a cost not-to-exceed $11, 000; from $698 , 781. 99 to $709, 781. 99. 9 2/7/94 (Staff Reports Continued) 24 . Authorization to advertise for bids for water treatment and filter replacement HVAC maintenance services at City buildings. (See Attached) (Proposed savings to General -- $9,000) NOTION: That the Purchasing Agent be authorized to #1 advertise for bids for water treatment and filter replacement HVAC maintenance services for the City buildings noted on the attached staff report. `i and MOTION: That the City Administrator be authorized to #2 transfer funding in the amount equal to the recommended low bid for water treatment and filter replacement HVAC maintenance services from Facilities Maintenance Regular Salaries (001-325- 52020) to Contractual Services (001-325-53150) . 10 2/7/94 MAYOR AND COMMON COUNCIL CITY OF SAN BERNARDINO RECONVENE MEETING PLANNING MATTERS MONDAY, FEBRUARY 7 , 1994 - 2 : 00 P.M. ROLL CALL Z : 09 �' m PRESENT: `" ' �� 2, 3, 3 �° ABSENT: C a, .2 0 J' TO BE HEARD AT 2:00 P.M. - CONTINUED FROM JANUARY 24, 1994 25. Appeal -- Planning Commission' s denial of Variance No. 93- 19-- multi-tenant sign at Waterman and Base Line Streets- Stater Bros. Development, Inc. (Backup material was distributed on January 24, 1994, Item No. 30; new staff report attached) Applicant: Young Electric Sign Co. Owner: Stater Bros. Market Location: Ward 2. The subject property is an irregularly- shaped parcel of land consisting of about 16.96 acres located at the northeast corner of Waterman Avenue and Base Line Street, having a frontage of about 970 feet on the north side of Base Line Street, and a frontage of about 634 feet on the east side of Waterman Avenue, 444 East Base Line Street. Staff Recommendation: That the Mayor and Common Council approve Variance No. 93-19 based upon the findings of fact, contained in Exhibit 3 . -F Planning Commission Recommendation: That Variance No. 93-19 R be denied based upon the findings of fact contained in the Planning Commission staff report dated December 14, 1993 . `y VOTE: Ayes: 5 Nays: 0 Mayor to open the hearing . . . n., ' MOTION: That the hearing be closed; and that the appeal be upheld and Variance No. 93-19 be approved based on f� the findings of fact contained in Exhibit 3 . i 11 2/7/94 .� e<4 . ✓ 26. Ten Minute Presentation on City' s actions to make buildings more earthquake safe and plans for disaster preparedness. 27 . Adjournment. MOTION: That the meeting be adjourned. NOTE: The next regular meeting is scheduled to be held at 8: 00 a.m. , Monday, February 21, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 12 2/7/94 s_ 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 comment, 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 item 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. 13 2/7/94 SUPPLEMENTAL AGENDA FEBRUARY 7 , 1994 S-1 Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement for legal services between the City of San Bernardino and the law firm of Thomas & Elliott. (See Attached) (Cost to City -- $50,000 - $60,000 (estimated) from General Fund. ) MOTION: That said resolution be adopted. .-I /� S-2 Resolution of the City of San Bernardino demonstrating Mayor and Common Council commitment to fund and support public safety. MOTION: Tha aid reso tion be ado . /2- / S-3 Resolution of the City of San Bernardino authorizing the execution of an agreement with Elmore Sports Group Ltd. , relating to the use of Fiscalini Field. (Estimated net revenue to the City between $1,547 and $7,547. ) MOTIO That said resolution be adopted. °- ab-� 4�- 2/7/94 ..x ::�w s« a.. w ... ��� •....-u........u..aak.e.:Sa ..... ...:.,rya„— _..�..-.......a.._...A ...t�...w. ... ...♦e_Ar.;[.....w,S..a. ... .. —. . 1 RACHEL CLARK CITY CLERK 2ND FLOOR AGENDA MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO "February 7, 1994 - 11:00 a.m." (Regular Meeting) Council Chambers, City Hall --------------------------------------------------------------------------------------------------------- CALL TO ORDER: J 3 a :t• —M ROLL CALL: PRESENT: a''` A-11 ABSENT: ------------------------------------------------------------------------------------------------------------ (PUBLIC COMMENTS ON ITEMS NOT ON AGENDA) -------------------- CONSENT CALENDAR MOTION: That the motions Indicated by Consent Calendar items numbered"I" through "6" be adopted, except for items numbered: 3 : � � y 1. COMMUNITY DEVELOPMENT COMMISSION MINUTES (Community Development Commission) MOTION: That the minutes of the Community Development Commission of the City of San Bernardino for the meetings of January 10, 1994 and January 24, 1894 y/3 be approved as submitted in typewritten form. --------------- --------------- ---------------------------------------------------------------- REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-2r1 1 Data: February 7,1994 :e..... .Ar.....,..a. ':r..;:M..e wi ` ,x,. ...-t... _ C.. •.a. n „ r? a . n r 2. TRAFFIC DIVERTERS IN HIGHLAND/ARDEN AREA �� (Community Development Commission) MOTION A: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO LAIRD CONSTRUCTION COMPANY, INC. FOR INSTALLATION OF LANDSCAPE N IMPROVEMENTS ON NEWCOMB, MCKINLEY AND DUMBARTON STREETS, BETWEEN TWENTIETH STREET AND HIGHLAND AVENUE. --------------- --------------- AND ON B-: That the Community Development Commission authorize staff to develop and Issue a purchase order to East Valley Water District in the amount of $137,000 which provides for the location of eight (8) fire hydrants required as a result of the proposed Arden Guthrie Street closures. --------------- --------------- 3. INTERCEPTOR SEWER AT BLAKE STREET AND MACY STREET (Major and Common Council) MOTION : RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO STANLEY F. YELICH, INC., FOR MODIFICATION OF I-J�3 INTERCEPTING SEWER AT BLAKE STREET AND MACY STREET. --------------- --------------- Development Department 4. EMPLOYEE COMPUTER PURCHASE PROGRAM (Community Development Commission) MOTION: That the Community Development Commission approve and adopt a Employee Computer Purchase Program for Economic Development Agency Employees 3 and Increase the FY 93/94 EDA budget by $135,000. -------------- --------------- ---------------------------------------------------------------- REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-2r1 2 Dats: F*bruary 7,1994 5• 1984-1885 COMMUNITY D VELOPM9NT BLOCK GRANI( DB 1 PROGRAM MIX A 'D VES (Mayor and Common Council) MOTION: That the Mayor and Common Council approve the 1994-1995 CDBG Program / Mix and Program Objectives, and authorize staff to solicit applications for the -7 1994-1995 funding cycle. --------------- --------------- CONTINUED FROM JAN Agy 24 1"A 6. r ARROW VISTA STetur►tttr. wv�n�nov (Community Development CommisSlon) I ThatMOTIO the Community Development Commission continue the matter regarding the Arrow Vista Standing Inventory to February 21, 1994. 6o --------------- --------------- END OF CONSENT e� F�tnec: CONTINUED FROM JANUARY 24 _1.994 7. LOCAL BID PREFEREN .F (Mayor and COMMOn CoundD (Community Development Cnm•, legli MOTION: That the M and Com on Council and th�Comm�deem�edapproprlate. pment CommI on receive and file a Assistant City Adm Istrator to the Mayor and take whateve ----------------------------------- REGULAR MEETING COMMISSION AGENDA KJH:knp:cdc-2r1 3 Dot*: February 7,1994 4 8. FREEWAY HOME CENTER (Community Development Commlaalon) (Redevelopment Committee Recommendation) MOTION: That the Community Development Commission authorize and direct staff to submit a $2.5 million loan application to a private lender for the ur ose aL E reloaning such loan proceeds to Allan Steward, Inc. subject to review and approval of Allan Steward's financial capacity, approval by the Community Development Commission of an Owner Participation Agreement, execution of a personal guarantee by Allan Steward 90 ai. --------------- --------------- U. S. BANKRUPTCY COURT RETENTION COMMITTEE (Community DeveloRmept Commission) (Redevelopment Committee Recommen goon) MOTION: That the Community Development Commission approve the attached list submitted by its Redevelopment Committee for the purpose of establishing a U. S. Bankruptcy Court Retention Committee. --------------- --------------- 10. SAN BERNARDINO CIVIC LIGHT OPERA - CALIFORNIA THEATRE (Community Development Commission) MORON A: That the Community Development Commission receive and file the attached LI/7 correspondence from the San Bernardino Civic Light Opera Association. --------------- --------------- AND MOTION B: That ommunity De lopment Commission r -:iilfl 1 111,11 1119—earlier action and rect staff to continue with ensty approved foreclosure. OR ---------------------------------------------------------------- REGULAR MEETING COMMISSION AGENDA KJH3np:cdc-2r1 4 Dow: F*bruery 7,1994 r .. x o...1.....� ....h fu..:rlr!-.X,1 • .w.._+,.. .. ..Y . .. ....Y!... •..� fa...,..e.11. i. ,.�..! 1. W.. ,+M... k ...-..........-.. v. MOTION C: That the Communi ent Commission authorize staff to take any and ali necess eps to acquire th California Theatre from the San Bernardino Civl ght Opera Association in th amount of $500,000 (crediting the Civic ght Opera with the $103,500 alrea y paid). --------------- --------------- OR MOTION D: That the C unity Development Co mission grant to the San Bernardino Civic t Opera Association $500,00 to assist the Association in restructuring financial affairs.--------------- -------------- OR MOTION E: That the CommVatbrViVe-1—op-Mept Commission loan to the San Berno Civic Li pera Association $5 ,000 with terms and con rr s of repayment Z established in substantial co Hance with c Light Opera- eloped five (5) year business plan su mitted to Agency staff. --------------- --------------- Ill. DOWNTOWN PLAN - LUNCHEON WORKSHOP - MIC ROOM (Community Development Commission) MOTION: That the Community Development Commission recess to a luncheon workshop to discuss the Downtown Plan. --------------- --------------- 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; ---------------------------------------------------------------- REGULAR MEETING COMMISSION AGENDA KJH:Amp:cdc-2r1 S Data: February 7,1994 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. --------------- --------------- I& ADJOURNMENT MOTION: That the meeting of the Mayor and Common Council/Community Development Commission be adjourned to Monday, February 21, 1994 at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. -------------- -------------- ---------------------------------------------------------------- REGULAR MEETING COMMISSION AGENDA KJH:1mp:cdc-2r1 6 Data: February 7,1994 SUPPLEMENTAL RACHEL CLARK AGENDA CITY CLERK 2ND FLOOR MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO "February 7, 1994 - 11:00 a.m." (Regular Meeting) Council Chambers, City Hall ----------------------------------------------------------------- CALL TO ORDER: ROLL CALL: PRESENT: ABSENT: ----------------------------------------------------------------- RS-1. SAN BERNARDINO BASEBALL STADIUM (Mayor and Common Council) (Community Development Commission) MOTION A: That the Mayo nd Common ouncil and Community Development 7t approve a new sta 'um concept. MOTION B: That the Mayor and Common Co ncil approve a baseball s dium funding mechanism (funding alternatives t be discussed in detail) MO ON C: That the Mayor and Common Cou cil and Commu ' Development Commission approve a site for the oposed ba all stadium. 3� -� CLOSED SESSION ---------------------------------------------------------------- REGULAR MEETING COMMISSION SUPPLEMENTAL AGENDA KJH:1mp:supp94.2r1 1 Date: February 7, 1994 RS-2. 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. END OF CLOSED SESSION RS-3. ADJOURNMENT MOTION: That the meeting of the Mayor and Common CounciXommunity Development Commission be adjourned to Monday, February 21, 1994, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ---------------------------------------------------------------- REGULAR MEETING COMMISSION SUPPLEMENTAL AGENDA KJH:Imp:supp94.2r1 2 Date: February 7, 1994 AGENDA (CLOSED SESSION) February 7, 1994 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 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 K . 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 - 2/7/94 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 negotiation �. concern is generally located at s 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 z 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: JFP:dd[agenda] AGENDA FEBRUARY 7, 1994 PLEASE SEE ATTACHED LIST FROM CITY ATTORNEY'S OFFICE FOR CLOSED SESSION ITEMS. ANNOUNCEMENTS BY MAYOR AND COUNCIL APPOINTMENTS/PRESENTATIONS ., Appoint Councilman Jerry Devlin to the Corridor Beautification Authority, to replace former Councilman Tom Minor. CONSENT CALENDAR Motion: That the motions indicated by Consent Calendar Items through , be adopted, except for , and Authorize transfer of funds in the amount of $12 , 000 - Construction of Street Improvements at 9th Street and Wilson Street. (Ward 6) Cost to City -- $12,000 from 1/2 cents Sales Tax - Local Funds. J"/Transfer of Funds - Preparation of Plans for Improvements Required by Flood Control District as Condition for Right-of-Way -- Northeast Corner Mill Street and Pepper Avenue. (WARD 3) Cost to City -- $8,000 from 1/2 cents Sales Tax - Local Funds. ` Authorization to Proceed -- Acquisition of Additional Right-of-Way at Northwest Corner of Rialto Avenue and Mt. Vernon Avenue. (WARD 3) Cost to City -- $6,000 to be reimbursed by Developer. Claims and Payroll '`'' Personnel Actions AGENDA FEBRUARY 7 , 1994 RESOLUTIONS CITY ADMINISTRATOR ✓RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF FONTANA FOR ANIMAL CARE AND CONTROL 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. PUBLIC WORKS RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 89-378, ENTITLED, IN PART . . "ORDERING THE VACATION OF PORTIONS OF MAIN STREET AND BROADWAY STREET, BETWEEN "I" STREET AND "J" STREET . . . ; " TO APPLY TO THE NEW GRADE CROSSING FOR THE EXTENSION OF ORANGE SHOW ROAD IN LIEU OF THE NEW "F" STREET GRADE CROSSING. (WARDS 1 & 3) 'RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO UTAH PACIFIC CONSTRUCTION COMPANY FOR INSTALLATION OF INTERCEPTOR SEWER IN CAJON BOULEVARD, BETWEEN DEVIL'S CREEK CANYON AND LITTLE LEAGUE DRIVE. (WARD 6) (COST TO CITY -- $600,000 FROM SEWER LINE CONSTRUCTION FUND) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT FOR ASSESSMENT ENGINEERING SERVICES WITH THE FIRM OF GFB-FRIEDRICH & ASSOCIATES, INC. , AND AN AGREEMENT FOR CONSULTANT SERVICES WITH THE FIRM OF BROWN, DIVEN & HENTSCHKE RELATIVE TO THE PROPOSED EXTENSION AND EXPANSION OF CITY-WIDE ASSESSMENT DISTRICT NO. 994 . (COST TO CITY -- $26,340 FROM ASSESSMENT DISTRICT NO. 994 -- CITY WIDE STREET LIGHTING/STREET SWEEPING DISTRICT) AGENDA FEBRUARY 7, 1994 ORDINANCES Motions: That further reading of the ordinance be waived and it be laid over for final adoption. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 5. 12 AND 5. 82 OF THE SAN BERNARDINO MUNICIPAL CODE, BY ADDING SECTIONS 5. 12 . 055 AND 5. 82 . 075 RELATING TO VIOLATION OF CONDITIONS ON OPERATORS PERMITS. AGENDA STAFF REPORTS FEBRUARY 7 , 1994 Approve transfer of funds -- $25, 000 -- from "Redlands Boulevard, Hunts Lane to Waterman Avenue, " to "Construction of Traffic Diverter on 17th Street, West of Arrowhead Avenue. " (Ward 2) Cost to City -- $25,000 from 1/2 Cent Sales Tax - Local Funds. Approval of Contract Change Order No. Two -- installation of an additional 48 cubic yards of concrete under Item "Miscellaneous Concrete" on a time & materials basis -- $11, 935. 79 estimated contract increase -- Rehabilitation of Pavement on Arrowhead Avenue, from Mill Street to 3rd Street -- Matich Corporation. (Ward 1) Cost to City -- $11,935.79 from Street Construction Fund which will be reimbursed with Federal-Aid Surface Transportation Funds. Approval of Contract Change Order No. Three -- relocation of the traffic signals and accessories to facilitate the proposed street widening at the southwest corner of Rialto & "E" Streets -- contract increase not to exceed $11, 000 -- Interconnect and Modification of Traffic Signals - Central Business District -- Superior Signal Service Corp. (Ward 1) Cost to City -- $11,000 from Street Construction Fund which will be reimbursed with Federal Aid CMAQ funds. Authorization to advertise for bids for water treatment and filter replacement HVAC maintenance services at City buildings. Proposed savings to General Fund -- $9,000. Receive and file FY93/94 Mid Year Budget Report. AGENDA PLANNING FEBRUARY 7 , 1994 (CONTINUED FROM 1/24/94) TO BE HEARD AT 2 :00 P.M. APPEAL OF PLANNING COMMISSION DENIAL OF VARIANCE NO. 93-19 -- MULTI-TENANT SIGN AT WATERMAN AND BASE LINE STREETS -- STATER BROS. DEVELOPMENT, INC. (WARD 2) TO BE HEARD IMMEDIATELY AFTER PLANNING ITEM 10 Minute Presentation on City's actions to make buildings more earthquake safe and plans for disaster preparedness. qW SUPPLEMENTAL AGENDA FEBRUARY 7, 1994 S-1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF THOMAS & ELLIOTT. Cost to the City -- $50,000 - $60,000 (estimated) from General Fund. S-2 RESOLUTION OF THE CITY OF SAN BERNARDINO DEMONSTRATING MAYOR AND COMMON COUNCIL COMMITMENT TO FUND AND SUPPORT PUBLIC SAFETY. S-3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ELMORE SPORTS GROUP LTD. , RELATING TO THE USE OF FISCALINI FIELD. Estimated Net Revenue to City between $1,547 and $7 ,547 .