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HomeMy WebLinkAbout08-15-1994 Reg Mtg Agn / ,I ,,' '/, :'"(/.-;- /'.:-_ .' I' / / ... 1 /'/ .. if AGENDA REGULAR MEETING MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MONDAY, AUGUST 15, 1994 - 8:00 A.M. COUNCIL CHAMBERS The City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact the Director of Facilities Management (384-5244) 48 hours prior to the meeting with any requests for reasonable accommodation, to include sign interpreters. CALL TO ORDER g', (JL ROLL CALL PRESENT: 1,2,'3,'11...5- ~, 7 C<,~ j cLJL , .<1., h? c.~ ABSENT: CLOSED SESSION 1. Pursuant to Government Code Section 54956.9(a): (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: (1) Leslie Bond vs. San Bernardino Development Commission. et al. San Superior Court Case No, 276373; Communi tv Bernardino (2) LaVonne Ferquson vs. Citv of San Bernardino United States District Court Case No. SACV 94-143 AHS; (3) John Ranqiala vs, Citv of San Bernardino. et al. - San Bernardino Superior Court Case No, SCV 02176; (4) Medflv Eradication Cases. Coordination proceedinq No. County Superior Court; Judicial 2487 , Los Council Angeles (5) Thomas Armendariz vs. James Penman. et al. United States District Court Case No. 91-5757; (6) Juanita Scott, et al vs. Common Council of the Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 13711. 1 8/15/94 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: (1) Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9. (C) CONFERENCE WITH LABOR NEGOTIATIOR: (1) Pursuant to Government Code Section 54957.6: Aqencv Neqotiator: Shauna Clark, City Administrator Emolovee Orqanization: San Bernardino Police Officers' Association representing the Police Safety Employees. CONTrNUED FROM AUGUST 1. 1994 (D) THREAT TO PUBLIC SERVICES OR FACILITIES: (Council Chambers Security) (1) Pursuant to Government Code Section 54957: (A) Consultation with Sergeant, San Bernardino Police Department. END OF CLOSED SESSION - '1: 0/ t) 5. ~() C- ~ 2 8/15/94 RECONVENE MEETING - 9:00 A.M. ROLL CALL qo ! 11-._ I. J ~ PRESENT: 'j, , 12.., '3.;.j S (" ! ; ~ r-1 I It, IrAj('. ;f"Tn :.:S c. L/tf(,.!,<---- jf... ~~ cA-Ifl,,<- ABSENT: INVOCATION: PhiL , I A. A,.q,v,l.() Ex.ec.. ASST 'Tv /lc.CoutJCl/_ , PLEDGE: 2. Appointments/Presentations: !A. Appointment G. Harold Duffy Human Relations Commission -- Council Member Hernandez. MOTION: That the appointment of G. Harold Duffy to the Human Relations Commission, as recommended by Council Member Hernandez, be approved. lB. Service Pin Awards Ceremony. ~ 3.) Announcements by Mayor and Council. 4/ PUBLIC COMMENTS ON ITEMS NOT ON AGENDA: A three-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 three minutes with any other member of the public. (Usually, any items heard under this heading are referred to staff for further study, research, completion and/or future Council action.) CONSENT CALENDAR the motions indicated by consent 5 through 22 be adopted, except for / () , , ), "1 ' LI and _I -L...J.--t _1 '~, ~, '~ /S, /'>(1 :{,' :'L-:L.----' () Waive full read~~:1 Of' :esolutions and ordinances, MOTION: That full reading of the resolutions and ordinances J on the regular, supplemental and Community !-'/L") Development Commission agendas, be waived. MOTION: That items (/. --l, calendar , ,- 17 5"'/.'j1t() ,~) /' '7 '- ; &...1/ 3 8/15/94 G j' 1 G)'., "7.' I ../ ~i \<1 ( , ! council Minutes. G'CI , / i 1);,/1_ .'--....".- ", That the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: ) June June July (Delivered (Delivered (Delivered 8/9/94) 8/5/94) 8/5/94) 6, 1994 20, 1994 11, 1994 on on on Wavs and Means Committee: Request approval of funding and waiver of applicable City fees $17,330 Independence Day Castillo Celebration September 15, 1994 Seccombe Lake Park and waiver of applicable City fees. (See Attached) (Cost to City -- $17,330 from Civic and Promotion Fund.) Ward 1 N~: '. MOTION: 11 MOTION: 12 MOTION: 13 MOTION: 14 Heard by Ways and Means Committee on August 3, 1994. Present: Council Members Curlin and Devlin. ~, Absent: Council Member Miller. Action: Recommend "" approval to Council. '~,'.,. That a total of $17,330 be granted to Casa Ramona for the purpose of conducting an Independence Day Castillo on September 15, 1994 at Seccombe Lake Park; and That the sum of $12,950 be paid directly to Casa Ramona to help defray the costs associated with this event; and That all applicable City fees ($4,380) be waived in support of this event; and That the City Administrator b~ authorized and directed to enter into an agreement with Casa Ramona relative to the Independence Day Castillo celebration; (t1 (>--A)././"/i.~L j/ . ',J (:Ai , 1/ . I , 4 8/15/94 (~) ~) , \,i.- tA-j Facilities Manaqement Resolution of the City of San Bernardino awarding a purchase or4er to American Building Maintenance for the furnishing and delivery of custodial service for Feldheym Library, to be utilized-by the Library in accordance with Bid Specification F-95-05. (See Attached) (Cost to City $38,400/year from General Fund -- Facilities Service.) MOTION: That said resolution be adopted. -/ - / ,/ /r(\ )~(.,/,,~jj_;.ij -; - --/ / )1 J , " --' Personnel Resolution of the City of San Bernardino implementing a Memorandum of Understanding between the City of San Bernardino and employees in the General Employees' Bargaining Unit of the City of San Bernardino represented by the San Bernardino City Employees' Association. (See Attached) (Memorandum of Understanding is available in the City Clerk's Office) MOTION: That said resolution be adopted. (10)Resolution of the City of San Bernardino amending Resolution C. No. 6413, Section Eleven, entitled in part "A resolution. . . establishing a basic compensation plan. . ." by codifying prior Council actions. (Middle Management) (See Attached) t) ~~) MOTION: That said resolution be adopted. Police Resolution of the City of San Bernardino authorizing the participation of the San Bernardino Police Department in the Serious Habitual Offender Project administered by the Office of the Criminal Justice Planning -- Year Two, and repealing Resolution No. 94-203. (See Attached) (Cost to City -- $9,539 from Asset Seizure Fund.) MOTION: That said resolution be adopted. Public Services Resolution of the City of San Bernardino authorizing the execution of an agreement with the State of California, Department of Mental Health for the provision of refuse disposal services to Patton State Hospital. (See Attached) Ward 4 MOTION: That said resolution be adopted. 5 8/15/94 113. ~_.-/ ( 14.) " / ..-- ~~) (16. j \.~--/ " (17 .J \j/ Resolution of the City of San Bernardino authorizing the execution of an agreement with Jet Mobile Services for repairing of three and four cubic yard bins with the City. (See Attached) (Cost to City -- $50,000 from Refuse Fund _ Equipment Maintenance.) (Citywide) MOTION: That said resolution be adopted. Resolution of the City of San Bernardino confirming costs of abatement of public nuisances and imposing liens on certain real property located within the City of San Bernardino for the costs of the abatement. (Weed Abatement) (See Attached) (Citywide) MOTION: That said resolution be adopted. Water De~artment A resolution of the Mayor and Common Council of the City of San Bernardino accepting a grant deed from Alvin C. Watson, Orville Watson, Shirley Roark, Charline Swedell, Avalee Jobbes, John L. Watson and Audrey Norris, each as to an undivided 1/7th interest, for donated property known as Parcel No. 139-103-14 for Water Department use. (See Attached) Ward 6 MOTION: That said resolution be adopted. A resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Joint Powers Agreement of 1994 between the City of San Bernardino and the City of Lorna Linda for sewage disposal. (See Attached) MOTION: That said resolution be adopted. Laid Over from AUQUst 1. 1994 An ordinance of the City of San Bernardino amending Chapter 19.06, Section 19.06.030(2) (E) of the San Bernardino Municipal Code (Development Code) pertaining to the height restriction of 150 feet, in the CR-2, Commercial Regional (Downtown), land use designation. (See Attached) FINAL READING MOTION: That said ordinance be adopted. 6 8/15/94 (0 Laid Over from Aucrost 1. 1994 An ordinance of the City of San Bernardino amending Chapter 19.06, Section 19.06.030(2) (A), Table 06.03 and Table 08.02 of the San Bernardino Municipal Code (Development Code) pertaining to adult businesses. (See Attached) FINAL READING MOTION: That said ordinance be adopted. 19. Claims and Payroll. (See Attached) MOTION: " ---, / , Lf.l i '\ ,- J i,' '-. ./ That the claims and payroll and authorization to issue warrants as listed on the memorandum dated August 5, 1994, from the Director of Finance, be approved. ~~ Personnel Actions. . -"-" ~~) , \ ~) (See Attached) MOTION: That the personnel actions submitted by the Chief Examiner dated August 4, 1994, 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. Public Works/Enqineerinq Resolution of the City of San Bernardino authorizing the execution of an agreement with the City of Lorna Linda relating to the development, operation and maintenance of the East Valley Sub Area Traffic Model. (See Attached) (Cost to City -- $235,820 from 1/2 Cent Sales Tax - Local Fund.) MOTION: That said resolution be adopted. Authorization to proceed and approve plan for the proposed vacation of the east/west alley located between Evans and Magnolia and "E" Street and "F" Streets, and the south leg of the north/south portion of the alley along "E" Street. (See Attached) Ward 2 (See next page for motions) 7 8/15/94 22. Continued. MOTION: #1 That the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of the east/west alley lying between Evans and Magnolia and between "E" Street and "F" Street, and the south leg of the north/south portion of the alley along "E" Street, and as a "City-initiated" alley vacation that the vacation processing fee, be waived; and MOTION: #2 That Plan No. 9167, showing the proposed vacation of the east/west alley lying between Evans and Magnolia and between "E" Street and "F" Street and the south leg of the north/south portion of the alley along "E" Street, be approved. END OF CONSENT CALENDAR PUBLIC HEARINGS /~ 1) '0 o\c " ,\'1 Public hearings scheduled for a certain time will not be heard prior to the time scheduled; however, they may be held any time thereafter and/or continued to a subsequent meeting. , D _? City Clerk's Office . / TO BE HEARD AT 10: 00 A.M. '23. '>\J Public hearing resolution imposing liens on property /JJ.;t11. j/e \'l,1.b located within the City of San Bernardino for uncollected C-' ~ - \ business registration fees. (See Attached) .5tlt1') ~uJPa/ Resolution of the City of San Bernardino imposing liens on .:zt,~(" lfeLtC1P!1re certain parcels of real property located within the City of i7C3 r'dk""lb</ San Bernardino for uncollected business registration fees. 50:,5 0Jt~&I/tIt:-MaYOr to open the hearing . " ''/ ,...1 uJ "'-l1cndu1 M O'."~.f . .J MOTION: That the hearing be closed; 71"J. C. 2IJ~5'-;- . ,esolution be adopted" .?it) 13/l1. ~tli(t'"7'1,b 5;-. i-f L 35/1 E. .1lsl'Sf I 35"2'f E. ,pIsISf- dc93/ E. ,!l<J A 51- cJeJ.:;;.1 E. ;2 /Jh,sf. and that said 8 8/15/94 Replacement Page Public Services TO BE HEARD AT 10:00 A.M. 24. Public hearing - - resolution adopting the Nondisposal Facility Element (NDFE) and Source Reduction and Recycling Element (SRRE) Letter of Addendum. (See Attached) (Citywide) (See Companion Item No. 30) A resolution of the Mayor and Common Council of the City of San Bernardino, California, adopting the Nondisposal Facility Element (NDFE) and the Letter of Addendum to the City's Source Reduction and Recycling Element (SRRE). (See Attached) Mayor to ~ the hearing . . ( 3-17) MOTION: ~at the hearing be closed; and that said resolution be adopted. Public Works/Enqineerinq TO BE HEARD AT 10:00 A.M.- CONTINUED FROM JULY 18. 1994 25. Public hearing -- Assessment District No. 1012 -- confirming the 1994-95 Assessment Roll Mill and Burney area landscaping maintenance district. (See Attached) (Cost to City -- [A] $11,060; [B] $4,181.60 from Assessment District No. 1012.) Ward 3 Resolution of the City of San Bernardino confirming the first assessment roll for Assessment District No. 1012, for the maintenance of landscaping along portions of Poplar Street, Mill Street and Burney Street, in the City of San Bernardino, and approving Assessment Diagram Map No. 1012. Ma-yer to ~/". \. / \ MOTION: open the hearing I . . iJ That the public hearing relative to the proposed assessments for Assessment District No. 1012, be closed, and the protests, if any, be overruled; and that said resolution be adopted. 9 8/15/94 TO BE HEARD AT 10:00 A.M - CONTINUED FROM AUGUST 1. 1994 26. Public hearing Chapter 12.92 Street Improvements resolution confirming the Engineer's report, placing a lien thereon, and confirming the 1994-95 Assessment Roll. (See Attached) (Cost to City $15,579.29 from Tax Bill Assessments) Wards 4, 5, 6, << 7 A resolution of the City of San Bernardino confirming the report of the Director of Public Works/City Engineer for the construction of certain improvements to various properties in the City of San Bernardino, placing a lien thereon, and confirming the 1994-95 Assessment Roll. MaY9~to open the hearing . , I, 'j"/ That the public hearing be closed, and the protests, if any, be overruled, that the report by the Director of Public Works/City Engineer be approved; and that said resolution be adopted. MOTION: \ -- -_.~-_._-"" STAFF REPORTS / 127. Personnel Management/Confidential Compensation Study - - conducted by Personnel Concepts -- Presentation by Tony Gerczak, Executive vice President/CEO. (See Attached) (Compensation report previously distributed to Mayor and Council. Public copy available in the City Clerk's Office.) MOTION: That the Man~mentIConfTaen-tial Compensation Study fr~~onnel Concepts, be received and filed. ~ /1.(/ Co C. /\ .:.'-< --- /j - .7 10 8/15/94 Public Works/Enqineerinq 28. Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A resolution. . designating certain streets or portions thereof as through highways . . ;" and authorizing the installation of a stop sign, for northbound traffic, at the intersection of College Avenue and Varsity Avenue. (See Attached) (Cost to City -- $100 from G~~,l Fund - Signing &: Striping Materials.) Ward 5 I I \ MOTION: That said resolution be adopted. ;/ 29. Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, A resolution . designating certain streets or portions thereof as through highways . . ;" and authorizing the installation of a four-way stop at the intersection of "H" Street and Twenty-Seventh Street. (See Attached) (Cost to City -- $300 from General Fund - Signing &: Striping Materials. ) Ward 7 , MOTION: That said resolution be adopted. Ii . J '0' 1--, ,~, ~ .- - Public Services 30. Laid Over from Auqust 1. 1994 ~ordinance of the City of San Bernardino amending Chapter 8.24'~ the San Bernardino Municipal Code relating to garbage and rub13'i-sh, (See Attached) FINAL READING (See Companion Item No. 24) '0 MOTION: I , . ! / That said ordinance be adopted. f J.., . ( --r--- I 1\ (J () / 00 I 11 8/15/94 31. ~2. 33. Replacement Page Council Office Request to discuss the issues -~ Council Member Hernandez. pertaining to sexual harassment (See Attached) MOTION: That discussion understanding by liability regarding be held on the lack of the public and the City's sexual harassment. -. I , ~-, i !. i , , ! ~ ~ 1.,,:. ,'(I. '. , ,':; / //-. , I Request to approve the Youth Accountability Program - - Council Member Oberhelman. (See Attached) Tfiat:--the.-YQllth Accountability Program for the City of San Bernardirto-'be..approved and that the attached resolution be presented to' the-. .County of San' Bernardino Probation Department. --r' , \ ' , ,I r,' L), ~I ,. /CAJA--i !J/.f..J!Jj ,/J..f1:"-^.J ~<L~\~ J/j/ -;- f'/'~~:.r. ' (' y....:{ __1/-.;, I'."-<-~_ '/(-b C tf-{:. 4.(/-o"~ ''''-.{.{.. Uj ..L '-' U ~ , j',';>cr'/,t, ;;i.t C("(/"'~ //V _~ ./--{-{---'~'~~' - V ' -./ - , MOTION: (0 CONTINUED ITEMS NOTE: Heard by Personnel Committee on August 5, 1994: Present: Council Members Hernandez and Curlin. Absent: Council Member Negrete. Action: Refer back to Council with no recommendation. CONTINUED FROM AUGUST Personnel Action Engineering Assistant effective 8-16-94. 1. 1994 Appointment Ronald G. III -- Range 1399, Step I, Blymiller, $3245/mo. MOTION: That the appointment of Engineering Assistant III, 1399, Step 1, $3245/month 1994. Ronald G. Blymiller, be approved at Range effective August 16, ~j,j I \, 12 8/15/94 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ROLL CALL RECONVENE MEETING PLANNING MATTERS MONDAY, AUGUST 15, 1994 - 2:00 P.M. " /i.J l-~ ", _ /) L ABSENT: (I" (j L, 0-- 5 ' /i. !\J/{.It_ , I , {jJl./L. ,{ : IJ '-I rm) " " 7n .(j( ).-I-Mjd "I.'J- 1__AAt-/(--x:... __ PRESENT: i}T1. ,.-- ,1).9z'1 ' (j ~ ! (.17 rt7 ,"--j :) /-J 0(.... / _) ) 'I ;1..0\'; ,{'. 0 7-C---- TO BE BEARD AT 2:00 P.M. 34. Environmental Impact Reports -- EDAW, Inc. -- mall expansion projects. (See Attached) a. Resolution of the City of San Bernardino authorizing the execution of an agreement for services with EDAW, Inc. for preparation of an Environmental Impact Report for the ~roposed Carousel Mall Expansion Proj ect. Wards 1 &: 3 MOTION: That the Mayor and Common Council adopt the resolution authorizing the execution of an agreement for services with EDAW, Inc. for the preparation of an Environmental Impact Report for the Carousel Mall Expansion Project. b. Resolution of the City of San Bernardino authorizing the execution of an agreement for services with EDAW, Inc. for preparation of an Environmental Impact Report for the proposed Inland Center Mall Expansion Project. Wards 1 &: 3 MOTION: That the Mayor and Common Council adopt the resolution authorizing the execution of an agreement for services with EDAW, Inc. for the preparation of an Environmental Impact Report for the Inland Center Mall Expansion Project. 'i r ( ,'r--/'I./' I '~Il. . ,. /, '- \~ '.-./ \ ,,/,.-'-4, --' 1 \/--/ (/, / I '-CJ 13 8/15/94 35. Adjournment. That the meeting be adjourned. MOTION: NOTE: The next regular meeting is scheduled for 8:00 a.m., Tuesday, September 6, 1994, 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 three 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 three 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. 14 8/15/94 SUPPLEMENTAL AGENDA AUGUST 15, 1994 S-l Resolution of the City of San Bernardino authorizing the Mayor of said City to appoint a Handicap Accessibility Appeals Board. (See Attached) MOTION: That said resolution be adopted. S-2 Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and directing execution of an amendment to the Joint Exercise of Powers Agreement between San Bernardino County and the City relating to the San Bernardino Public Safety Authority in connection with the equalization of representation of members of the Authority and authorizing offA~~al actions related thereto. (See Attached) MOTION: That said resolution be adopted. i S-3 Appointment -- Jim Robbins as the City's second representative to the San Bernardino Public Safety Authority. (See Attached) / ~/ J,! I '--J That the appointment of Jim Robbins as the City's second representative to the San Bernardino Public Safety Authority, be approved. MOTION: 1 8/15/94 S-4 Approval of Contract Change Order No. One authorize relocation of 11 mature oak trees within street improvement area $104,500.00 contract increase improvement of Tippecanoe Avenue, "C" Street and Del Rosa Drive -- Matich Corporation. (See Attached) (Cost to City u $104,500 from Street Improvements - Tippecanoe Avenue, "C" Street.. Del Rosa Drive -- EDA Grant.. IVDA.) Ward 1 MOTION: 'I- I '..' That Change Order No. One to the contract with Matich Corporation, for the construction of street improvements on Tippecanoe Avenue, "C" Street, and Del Rosa Drive, in accordance with Plan No. 9053, be approved; to authorize the relocation of 11 mature oak trees, which are within the street improvement area, at an increase in the contract price of $104,500; from $4,113,313 to $4,217,813. S-5 Approval of Contract Change Order No. Two authorize relocation of two water mainlines in Del Rosa Drive which are in conflict with the street improvements -- $30,000 estimated contract increase -- improvement of Tippecanoe Avenue, "C" Street (Sheppard Boulevard) and Del Rosa Drive Matich Corporation. (See Attached) (Cost to City-- $30,000 from Street Improvements - Tippecanoe Avenue, "C" Street.. Del Rosa Drive -- EDA Grant.. IVDA.) Ward 1 MOTION: That Change Order No. Two to the contract with Matich Corporation, for the construction of street improvements on Tippecanoe Avenue, lien Street (Sheppard Boulevard) and Del Rosa Drive, in accordance with Plan No. 9053, be approved; and authorize the relocation of two water mainlines in Del Rosa Drive, which are in conflict with the street improvements, at an estimated increase in the contract price of $30,000; from $4,217.813 to $4,247,813 . 2 8/15/94 S-6 Authorization to proceed -- change street names of various streets on Norton Air Force Base (second group of names) (See Attached) (Cost to City -- $500 to be paid by IVDA.) Ward 1 MOTION: ,I ,1-/ , That the Real Property Section of the Public Works Department be authorized and directed to proceed with changing the names of 1st Avenue to Miller Drive, 3rd Street to Gericke Drive, 5th Street to Bland Drive, and nGn Street to Townsend Drive. S-7 Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the purchase of a portion of certain bonds entitled Community Facilities District No. 995 of the City of San Bernardino (Verdemont Area) Special Tax Bonds, approving the cancellation of a portion of said bonds and the defeasance of the remainder, approving the form of escrow agreement related thereto and authorizing and directing preparation, execution and delivery of the final form thereof. (See Attached) Cost to City -- Not to Exceed $3,500 from Community Facilities District No. 995.) "-.., MOTION: That said resolution be adopted. , J-j S-8 Resolution of the Mayor and Common Council of the City of San Bernardino approving a certain mutual release and settlement agreement and a certain mitigation agreement in connection with_Community Facilities District No. 995. (See Attached) MOTION: That said resolution be adopted. , /.--' .- 3 8/15/94 S-9 Adjustment of City Attorney's Budget. (See Attached) MOTION: That the City Attorney's Office budget be adjusted as requested. S-10 An ordinance of the City of San Bernardino adding Chapter 8.10 to the San Bernardino Municipal Code relating to the provision of emergency medical service by the City to the residents of the City. (See Attached) MOTION: That said ordinance be laid over for final adoption. S-ll Resolution of the Mayor and Common Council of the City of San Bernardino proposing an amendment of the Charter of said City relating to the transfer of funds from the Water Fund to the City's General Fund. (See Attached) MOTION: That said resolution be adopted. S-12 Resolution of the City of San Bernardino proposing an amendment of the Charter of said City relating to the filling of vacancies in the office of the Mayor and City Attorney. (See Attached) MOTION: That said resolution be adopted. 4 8/15/94 S-13 Resolution of the City of San Bernardino proposing an amendment of the Charter of said City relating to the recall. (See Attached) (Charter Section 122- Recall Provisions) MOTION: That said resolution be adopted. S-14 Resolution of amendment of appointment of the City of San Bernardino proposing the Charter of said City relating to a Mayor Pro Tempore. (See Attached) an the MOTION: That said resolution be adopted. S-15 Resolution of the City of San Bernardino amendment of the Charter of said City relating of the Mayor. (See Attached) proposing an to the salary MOTION: That said resolution be adopted. S-16 An ordinance of the City of San Bernardino adding Section 2.80.010 to the San Bernardino Municipal Code relating to the salary of the Mayor. (See Attached) MOTION: That said ordinance be laid over for final adoption. 5 8/15/94 S-17 Resolution of the Mayor and Common Council of the City of San Bernardino proposing an amendment of the Charter of said City relating to the power of the Common Council to employ legal counsel. (See Attached) MOTION: That said resolution be adopted. S-18 An ordinance of the City of San Bernardino amending Chapter 2.20 of the San Bernardino Municipal Code relating to employment of outside counsel. (See Attached) MOTION: That said ordinance be laid over for final adoption. S-19 Resolution of the Mayor and Common Council of the City of San Bernardino submitting to the electors proposed Charter amendments relating to the appointment of a Mayor Pro Tempore, Power of the Mayor and Common Council to employ legal counsel, the Recall, filling a vacancy in the Offices of the Mayor and City Attorney, the salary of the Mayor and the transfer of up to 15% from the Water Fund to the General Fund. (See Attached) MOTION: That said resolution be adopted. S-20 Closed Session -- Pursuant to Government Code Section 54957.6: v (A) CONFERENCE WITH LABOR NEGOTIATOR: Aqencv Neqotiator: Shauna Clark, City Administrator Emplovee Orqanization: International Association of Firefighters, Local 891 representing Fire Safety Employees. 6 8/15/94 ~ " AGENDA (CLOSED SESSION) AUGUST 15, 1994 From: City Attorney's Office 1. CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (pursuant to Government Code ~ 54956.9(a)) 1. Leslie Bond vs. San Bernardino Community Development Commission, et al. - San Bernardino Superior Court Case No. 276373 2. LaVonne Ferguson vs. City of San Bernardino - United States District Court Case No. SACV 94-143 AHS 3. John Rangiala vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 02176 4. Medfly Eradication Cases, Judicial Council Coordination Proceeding No. 2487, Los Angeles County Superior Court 5. Thomas Armendariz vs. James F. Penman, et al. United States Ditrict Court Case No. 91-5757 (B) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION 1. Signi~icant exposure to litigation pursuant to subdivision (b) of ~ 54956.9 '. AGENDA AUGUST 15, 1994 PLEASE SEE ATTACHED LIST FROM CITY ATTORNEY'S OFFICE FOR CLOSED SESSION ITEMS. ANNOUNCEMENTS BY MAYOR AND COUNCIL APPOINTMENTS/PRESENTATIONS AWARD OF SERVICES PINS CONSENT CALENDAR Motion: That the motions through indicated by Consent Calendar Items , be adopted, except for , and PERSONNEL .~ RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERAL EMPLOYEES' BARGAINING UNIT OF THE CITY OF SAN V"' BERNARDINO REPRESENTED BY SAN BERNARDINO CITY EMPLOYEES' ASSOCIATION. .~ RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION ELEVEN, ENTITLED IN PART "A RESOLUTION. . . ESTABLISHING A BASIC COMPENSATION PLAN..." BY CODIFYING PRIOR COUNCIL ACTIONS (MIDDLE MANAGEMENT). v'/ ~ Claims and Payroll ""'/Personnel Actions v"' ./ y /RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF LOMA LINDA RELATING TO THE DEVELOPMENT, OPERATION AND MAINTENANCE OF THE EAST VALLEY SUB AREA TRAFFIC MODEL. (CITYWIDE) (Cost to city -- $235,820 from 1/2 cent \/ sales tax - Local Funds) /Authorization to proceed and plan approval for the proposed ' vacation of the east/west alley located between Evans and Magnolia. ~" . ' and "E" and "F" Streets, and the south leg of the north/south V ~$ portion along "E" Street. (Ward 2) tpYl .PUBLIC WORKS/ENGINEERING Consent Calendar -- August 15, 1994 Page 2 WAYS AND MEANS COMMITTEE ""'. NOTE: Heard by Ways and Means Committee members on August 3, 1994. Present: Devlin, Curlin. Absent: Miller. Action: Recommend approval to Council. ~ IRequest approval for funding Celebration -- September 15, 1994, at of applicable City fees. (Ward 1) civic and Promotion Fund.) Independence Day castillo Seccombe Lake Park and waiver (Cost to City -- $17,330 from! v CITYclCLERK , ~N ~t~ IRESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN ~ ~~\ PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO yJJ}J J FOR UNCOLLECTED BUSINESS REGISTRATION FEES. ~H. fltPtJU /IJ~ fX1 FACILITIES MANAGEMENT 0- RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO AMERICAN BUILDING MAINTENANCE FOR THE FURNISHING AND DELIVERY OF CUSTODIAL SERVICE FOR FELDHEYM LIBRARY, TO BE UTILIZED BY THE v'/ LIBRARY IN ACCORDANCE WITH BID SPECIFICATION F-95-05. (Cost to city -- $38,400/year from General Fund -- Facilities service.) POLICE RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PARTICIPATION OF THE SAN BERNARDINO POLICE DEPARTMENT IN THE SERIOUS HABITUAL OFFENDER PROJECT ADMINISTERED BY THE OFFICE OF THE V/ CRIMINAL JUSTICE PLANNING - YEAR TWO, AND REPEALING RESOLUTION NO. 94-203. (Cost to city -- $9,539 from Assets Seizure Fund.) " PUBLIC SERVICES IRESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH FOR THE PROVISION OF REFUSE DISPOSAL SERVICES TO PATTON STATE HOSPITAL. (WARD 4) IRE SOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JET MOBILE SERVICES FOR REPAIRING OF THREE AND FOUR CUBIC YARD BINS WITHIN THE CITY. (CITYWIDE) (Cost to city $50,000 from Refuse Fund - Equipment Maintenance.) IRESOLUTION 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. (CITYWIDE) '- / / \/ ~/ Consent Calendar -- August 15, 1994 Page 3 WATER DEPARTMENT ~ A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING A GRANT DEED FROM ALVIN C. WATSON, ORVILLE WATSON, SHIRLEY ROARK, CHARLINE SWEDELL, AVALEE JOBBES, JOHN L. WATSON AND AUDREY NORRIS, EACH AS TO AN UNDIVIDED 1/7TH INTEREST, FOR DONATED PROPERTY KNOWN AS PARCEL NO. 139-103-14 FOR WATER DEPARTMENT USE. (WARD 6) '" A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT OF 1994 BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF LOMA LINDA FOR SEWAGE DISPOSAL. ~ AGE N D A AUGUST 15, 1994 CLOSED SESSION: A. Pursuant to Government Code section 54957: CONTINUED FROM AUGUST 1. 1994 Council Chambers Security (1) THREAT TO PUBLIC SERVICES OR FACILITIES: (a) Consultation with Sergeant, San Bernardino Police Department. AGENDA PUblic Hearing August 15, 1994 To be heard at 10:00 a.m.: PUBLIC SERVICES JA RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE NONDISPOSAL FACILITY ELEMENT (NDFE) AND THE LETTER OF ADDENDUM TO THE CITY'S SOURCE REDUCTION AND RECYCLING ELEMENT (SRRE). (CITYWIDE) / V PUBLIC WORKS/ENGINEERING /RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE FIRST ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1012, FOR THE MAINTENANCE OF LANDSCAPING ALONG PORTIONS OF POPLAR STREET, MILL STREET AND BURNEY STREET, IN THE CITY OF SAN BERNARDINO , AND APPROVING ASSESSMENT DIAGRAM MAP NO. 1012. (WARD 3) (Cost to city -- [A] $11,060: [B] $4,181.60 from Assessment District No. 1012.) (Original resolution forwarded to the City Clerk's Office on July 18, 1994.) /A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER FOR THE CONSTRUCTION OF CERTAIN IMPROVEMENTS TO VARIOUS PROPERTIES IN THE CITY OF SAN BERNARDINO, PLACING A LIEN THEREON, AND CONFIRMING THE 1994-95 ASSESSMENT ROLL. (WARDS 4, 5, 6, and 7) (Cost to city -- $15,579.29 from Tax Bill Assessments) (Original resolution forward to the City Clerk's Office on August 1, 1994.) AGE N D A STAFF REPORTS AUGUST 15, 1994 PUBLIC WORKS/ENGINEERING /RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, II A RESOLUTION. . . . DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS. . ; II AND AUTHORIZING THE INSTALLATION OF A STOP SIGN, FOR NORTHBOUND TRAFFIC, AT THE INTERSECTION OF COLLEGE AVENUE AND VARSITY AVENUE. (WARD 5) (Cost to City -- $100 from General Fund -- Signing & Striping Materials.) IRESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION. .. DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS. . ; II AND AUTHORIZING THE INSTALLATION OF A FOUR-WAY STOP AT THE INTERSECTION OF "H" STREET AND TWENTY-SEVENTH STREET. (WARD 7) (Cost to city _ - $300 from General Fund -- signing & striping Materials.) PERSONNEL /Management/confidential Compensation Study conducted by Personnel Concepts. Presentation by Tony Gerazak, Executive Vice President/CEO. (Compensation report previously distributed to Mayor and Council. Public copy available in City Clerk's Office.) COUNCIL /Request to discuss the issues pertaining to sexual harassment per Councilman Hernandez. IRequest to approve the Youth Accountability Program Councilman Oberhelman. per 1 AGE N D A August 15, 1994 CONTINUED ITEMS: CONTINUED FROM AUGUST 1. 1994 NOTE: Heard by Council Personnel Committee on Present: Hernandez, Curlin. Absent: Negrete. back to Council with no recommendation. August 5, 1994: Action: Refer Personnel Action.... Appointment -- Ronald G. Blymiller, Engineering Assistant III __ Range 1399, Step 1, $2864/mo., Effective: 8-16-94 AGENDA AUGUST 15, 1994 PLANNING To be heard at 2 p.m.: ENVIRONMENTAL IMPACT REPORTS -- EDAW. INC. a. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SERVICES WITH EDAW, INC. FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED CAROUSEL MALL EXPANSION PROJECT. (WARDS 1 AND 3) b. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SERVICES WITH EDAW, INC. FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED INLAND CENTER MALL EXPANSION PROJECT. (WARDS 1 AND 3) AGENDA SUPPLEMENTAL AUGUST 15, 1994 CLOSED SESSION 1. Pursuant to Government Code Section 54957.6: (a) CONFERENCE WITH LABOR NEGOTIATOR: Agency Negotiator: Shauna Clark, City Administrator Employee Or~anization: San Bernardino Police Officers' Association representing Police Safety Employees. 2. Pursuant to Government Code Section 54956.9 (a): (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: (I) Juanita Scott. et a1 vs. Common Council of the City of San Bernardino - San Bernardino Superior Court Case No. SCV 13711. J S-I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF SAID CITY TO APPOINT A HANDICAP ACCESSIBILITY APPEALS BOARD. (CITYWIDE) , S-2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN SAN BERNARDINO COUNTY AND THE CITY RELATING TO THE SAN BERNARDINO PUBLIC SAFETY AUTHORITY IN CONNECTION WITH THE EQUALIZATION OF REPRESENTATION OF MEMBERS OF THE AUTHORITY AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO. .1 S-3 Approve appointment of Jim Robbins as the City's second representative to the San Bernardino Public Safety Authority. (Citywide) Supplemental Agenda -- August 15, 1993 Page 2 ! .; S-4 Approval of Contract Change Order No. 1 -- authorize relocation of 11 mature oak trees within street improvement area -- $104,500.00 contract increase -- Improvement of Tippecanoe, "C" Street and Del Rosa Drive -- Matich Corporation. (Ward 1) (Cost to City - $104,500.00 from Street Improvements - Tippecanoe.) "S-5 Approval of Contract Change Order No.2 - authorize relocation of two water mainlines in Del Rosa Drive which are in conflict with the street improvements -- $30,000.00 estimated contract increase -- Improvement of Tippecanoe Ave., "C" Street (Sheppard Blvd.) & Del Rosa Drive -- Matich Corporation. (Ward 1) (Cost to City - $30,000.00 from Street Improvements - Tippecanoe.) )S-6 Authorization to proceed -- Change Street Names of various streets on Norton Air Force Base (second group of names). (Ward 1) (Cost to City - $500.00 paid by IVDA.) . S-7 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASE OF A PORTION OF CERTAIN BONDS ENTITLED COMMUNITY FACILITIES DISTRICT NO. 995 OF THE CITY OF SAN BERNARDINO (VERDEMONT AREA) SPECIAL TAX BONDS, APPROVING THE CANCELLATION OF A PORTION OF SAID BONDS AND THE DEFEASANCE OF THE REMAINDER, APPROVING THE FORM OF ESCROW AGREEMENT RELATED THERETO AND AUTHORIZING AND DIRECTING PREP ARA TION, EXECUTION AND DELIVERY OF THE FINAL FORM THEREOF. S-8 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN MUTUAL RELEASE AND SETTLEMENT AGREEMENT AND A CERTAIN MITIGATION AGREEMENT IN CONNECTION WITH COMMUNITY FACILITIES DISTRICT NO. 995. Sandy -- Shauna asks that if the Supplemental Agenda is not done in its entirety for the Agenda Briefing, she would like a copy of the Agenda only -- they can discuss from that listing. S-10 S-ll S-12 S-13 S-14 S-15 S-16 S-17 S-18 ADDITIONAL SUPPLEMENTAL ITEMS AUGUST 15, 1994 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.10 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE PROVISION OF EMERGENCY MEDICAL SERVICE BY THE CITY TO THE RESIDENTS OF THE CITY. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE TRANSFER OF FUNDS FROM THE WATER FUND TO THE CITY'S GENERAL FUND. RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE FILLING OF VACANCIES IN THE OFFICE OF THE MAYOR AND CITY ATTORNEY. RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE RECALL. RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE APPOINTMENT OF A MAYOR PRO TEMPORE. RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE SALARY OF THE MAYOR. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.80.010 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE SALARY OF THE MAYOR. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE POWER OF THE COMMON COUNCIL TO EMPLOY LEGAL COUNSEL. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.20 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EMPLOYMENT OF OUTSIDE COUNSEL. S-19 S-20 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS PROPOSED CHARTER AMENDMENTS RELATING TO THE APPOINTMENT OF A MAYOR PRO TEMPORE, POWER OF THE MAYOR AND COMMON COUNCIL TO EMPLOY LEGAL COUNSEL, THE RECALL, FILlING A VACANCY IN THE OFFICES OF THE MAYOR AND CITY ATTORNEY, THE SALARY OF THE MAYOR AND THE TRANSFER OF UP TO 15% FROM THE WATER FUND TO THE GENERAL FUND. CLOSED SESSION section 54957.6: Pursuant to Government Code (a) CONFERENCE WITH LABOR NEGOTIATOR: Aqencv Neqotiator: Shauna Clark, City Administrator Emplovee Orqanization: International Association Local 891 representing Fire of Firefighters, Safety Employees.