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HomeMy WebLinkAbout08-03-1992 Reg Mtg AGENDAS _ REGULAR MEETING MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MONDAY, AUGUST 3, 1992 - 8:30 A.M. COUNCIL CHAMBERS CALL TO ORDER ROLL CALL PRESENT: ABSENT: CLOSED SESSIONS 1. The Mayor and Common Council and Community . Development Commission will recess to closed session for the following: a. 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: b. to consider personnel matters pursuant to Government Code Section 54957; C . to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957 . 6; d. 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 ; e. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956 . 9 (b) ( 1) , as there is significant exposure to litigation; 1 8/3/92 f. 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; g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956 . 9 (a) as follows: Stubblefield Construction Comoanv et al vs City of San Bernardino, et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; County vs . City of San Bernardino (RDA) - San Bernardino Superior Court Case No. 258241; Saab vs . City of San Bernardino - Fourth District Court of Appeals Case No. E008652 ; City of San Bernardino vs Liberty Cable T.V. , et al- United States District Court Case No. 82-6876 WMB; City of San Bernardino vs County of San Bernardino, et al- Riverside Superior Court Case No. 207900; City of San Bernardino vs . Skadron - San Bernardino Superior Court Case No. 266719; Randall vs County/City of San Bernardino - San Bernardino Superior Court Case No. 250472 (consolidated with Case No. 252255) . Amrut N Patel et al vs . James F . Penman, et al , - United States District Court Case No. CV91-1420 RG (Kx) ; Francis Kwai Chona Foo vs . James F. Penman, et al . - United States District Court Case No. CV91-3056 RG (Kx) ; Janet Summerfield vs . William R. Holcomb, et al , - United States District Court Case No. SACV 91-731 AHS (RWR) ; Tomas Armendariz et al vs . James F. Penman, et al, - United States District Court Case No. 91-5757 CMB (JRx) . END OF CLOSED SESSION ILI n � UL Ali° r A' ,e✓ 2 8/3/92 � � RECONVENE MEETING - 9 : 30 A.M. ROLL CALL PRESENT: ABSENT: 7 INVOCATION: t i PLEDGE: 2 . Announcements by Mayor and Council. 3 . PUBLIC COMMENTS ON ITEMS NOT ON AGENDA: A five-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council on a matter not on the agenda. No member of the public shall be permitted to "share" his/her five minutes with any other member of the public . (Usually, any items received under this heading are referred to staff for further study, research, completion and/or future Council action. ) 4 . Appointments/Presentations. Employee Recognition Awards . CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 38, be adopted except for ice, �s, and v 1 � I 5 . Waive further reading of resolutions and ordinances . (MOTION: That further reading of all resolutions and --- - ordinances on the regular, supplemental and Community Development Commission agendas, be waived. i 3 8/3/92 (Consent Calendar continued) 06 . Authorization to fill vacant position of paralegal in the City Attorney' s Office. (See Attached) MOTION: To authorize the City Attorney to fill a vacant paralegal position. 7oApproval of contract Change Order No. 8 -- regrade and repave existing parking lot at Marine-Navy Reserve Center to match new improvements on Waterman Avenue; -- $5,379 .53 increase - pavement rehabilitation on Waterman Avenue from Mill Street to 5th Street -- E. L. Yeager Construction (See Attached) (Cost to City -- $5,379 .53 from Street Construction Fund) Ward 1 MOTION: That Change Order No. 8 to the contract with E. L. Yeager Construction Company, Inc. , for the pavement rehabilitation on Waterman Avenue, from Mill to Fifth Street, in accordance with Plan No. ' i 8038, be approved; to authorize the Contractor to regrade and repave the existing parking lot at the Marine-Navy Reserve Center to match new improvements on Waterman Avenue, at an increase in the contract price of $5 , 379 . 53 ; from $1, 180,820.79 to $1, 186,200 . 32 . 1 <_/. ( ., 9 ii B . Approval of contract Change Order No. 2 -- installation of approximately 200 feet of additional 8" sewer pipeline in order to connect sewer in 8th Street to the new main in "D" Street; contract increase $8,694; replacement of sewer line in "D" Street, from 7th Street to 9th Street -- T. L. Pavlich Construction. (See Attached) (Cost to City-- $8,694 from Sewer Line Construction Fund) Ward 1 (See motion next page) 4 8/3/92 (Consent Calendar continued) MOTION: That Change Order No. 2 to the contract with T. L. Pavlich Construction for the replacement of sewer on "D" Street, in accordance with Plan No. 8587, be approved; to authorize the contractor to install approximately 200 feet of additional 8- inch sewer pipeline, in order to connect the sewer in 8th Street to the new main in "D" Street, for an estimated increase in the contract price of $8,694 . 00, from $73,940. 00 to $82, 634 . 00 . ( 9 . J Approval of Change Order No. 2 -- removal of 3,917 . 11 cubic yards of fill and move dirt to selected site; contract increase of $12,926 . 47 -- construction of park and street improvement for Buckboard Park -- Valley Crest Landscape. (See Attached) (Cost to City -- $12,926.47 from Park Construction Fee Fund) Ward 5 NOTION: That Change Order No. 2 to the contract with Valley Crest Landscape, Inc . for construction of Park & Street Improvements for Buckboard Park, in sj accordance with Plan Nos. 7539 and 7662, be approved; to authorize the contractor to remove 3,917 . 11 cubic yards of fill and move the dirt to a selected site, at an increase in the contract price of $12 , 926 . 47 ; from $434 , 118 . 70 _to $447 ,045 . 17 . =y v 0 10 . Approval of Change Order No. 1 -- furnish and install 92 additional trees and install 21,412 sq. ft. of sidewalk; contract increase of $44, 103 . 44 -- construction of park and street improvements for Buckboard Park -- Valley Crest Landscape. (See Attached) (Cost to City -- $44,103.44 from Park Construction Fee Fund) Ward 5 MOTION: That Change Order No. 1 to the contract with Valley Crest Landscape, Inc . for construction of Park & Street Improvements for Buckboard Park, in accordance with Plan Nos . 7539 and 7662 , be approved; to authorize the contractor to furnish and install 92 additional trees, and install l 21,412 sq. ft. of sidewalk at an increase in the contract price of $44, 10�4• _ from $390, 015 .26 to $434 , 118 .70 . 1U�c t�aLi 5 �� C r 9 2 (Consent Calendar continued) 11 . Approval of Change Order No. 9 -- furnish and install hardware for a traffic signal interconnect system; contract increase of $7, 616 . 74 -- pavement rehabilitation on Waterman Avenue, from Mill to 5th Street -- E. L. Yeager Construction. (See Attached) (Cost to City -- $7,616.74 from Street Construction Fund) Ward 1 MOTION: That Change Order No. 9 to the contract with E . L. Yeager Construction for pavement rehabilitation on Waterman Avenue, from Mill to Fifth Streets, in S�) accordance with Plan No. 8038, be approved; to authorize the Contractor to furnish and install hardware for a traffic signal interconnection system, at an increase in the contract price of $7 , 616 . 74 from $1, 186 ,200 . 32 to $1, 193,817 . 06 .C4 _ Ge-i.Chr✓'uv,� 12 . Approval of plans and authorization to advertise for bids-- installation of guard rail on Little Mountain Drive, Rancho Avenue and Waterman Avenue; authorize transfer of funds -- $10,200 from "Gas Tax Fund Balance" to "Guard Rail - Waterman Avenue" . (See Attached) (Cost to City -- $319,000 from Street Construction Fund) Wards 3 6 5 ( MOTION:\ That the plans for installation of guard rail on portions of Little Mountain Drive, Rancho Avenue, and Waterman Avenue, in accordance with Plan No. 8262 , be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids . and !MOTION:) That the transfer of $10 ,200, from Account No. 126-000-30405, "Fund Balance, " to Account No. 242- 362-57309, "Guard Rail - Waterman Avenue" , be approved. 6 8/3/92 (Consent Calendar continued) 13 . Ratify contract with Ralph Anderson & Associates to perform expedited recruitment for the position of Finance Director. (See Attached) (Cost to City -- $11,000 from General Fund) *Note: This item was not acted upon at last meeting (7/20/92) as agenda was not completed. City Administrator has signed contract with Ralph Anderson to expedite recruitment as requested by Personnel Committee. MOTION: 1 That the contract with Ralph Anderson & Associates to perform an expedited recruitment for the position of Finance Director, be ratified. 14 . Claims and Payroll. (See Attached) �6TION: That the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated July 20, 1992, from the Director of Finance, be approved. 15 . Personnel Actions . (See Attached) EMOTION: That the personnel actions submitted by the Chief Examiner dated July 23, 1992 , in accordance with �i all administrative regulations of the City of San Bernardino, be approved. 7 8/3/92 (Consent Calendar continued) RESOLUTIONS NOTION: That the following resolutions be adopted. City Administrator 16 . ; Resolution of the City of San Bernardino authorizing the submission of an application to the Office of Emergency Services for the purpose of obtaining certain Federal financial assistance in conjunction with the declared State of Emergency issued for the County of San Bernardino as a result of the recent earthquakes on June 28, 1992 . (See Attached) City Clerk 07 . Resolution of the City of San Bernardino confirming costs of abatements and imposing liens on certain parcels of real property located within the City of San Bernardino for the costs of the abatement of public nuisances. (Building Abatement) (See Attached) f6� i Parks. Recreation 6 Community Services ( 18 .r Resolution authorizing the Director of Parks, Recreation and Community Services Department to execute an agreement with the Center of Health Resources Purchase Connection, Group Purchasing, Dietary Program for raw food products for the City' s Senior Nutrition Program. (See Attached) Public Services 19 . 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) 8 8/3/92 (Consent Calendar continued) Public Works 20 . Resolution of the City of San Bernardino awarding a contract to A. L. Chavez Enterprises, Inc . , for fill-in street improvements under chapter 27 of the . Streets and Highways Code. (See Attached) (Cost to City --$47,000 from Assessment District Reserve-7{nd) Wards 1, 3, 6 6 21. 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 providing that Beechwood Avenue is a through highway at its intersection with Azalea Avenue. (See Attached) (Cost to City -- $150.00 from- General Fund) Ward 5 22 . Resolution of the City of San Bernardino confirming the 1992-93 Assessment Roll, Central City Parking District for operation, maintenance and security. (See Attached) (Cost to City -- $218,520.38 to be recouped through assessments) (Assessment District No. 947) - Ward 1 23 . Resolution of the City of San Bernardino confirming the 1992-93 Assessment Roll, expansion of facilities for Central City Parking District. (See;Att,4ched) (Assessment District No. 947) Ward 1 24 . Resolution of the City of San Bernardino confirming the 1992/93 Assessment Roll for Assessment District No. 958, sewer and sewer lift station construction, Pepper Avenue and Mill Street area. (See Attached) (Cost to City -- $19,088. 14 to be recouped through assessments) Ward 3 9 8/3/92 (Consent Calendar continued) 25 . Approval of contract Changer Order No. 4 -- Landscape - Maintenance Assessment District No. 959 Kendall Drive, Shandin Hills - Menton Turf & Supply. Ward 5 MOTION: That Change Order No. 4 to the contract with Mentone Turf and Supply, for maintenance of landscaping in Assessment District No. 959 , in accordance with Plan No. 6360, be approved; to adjust the contract price, for the additional work included in the contract by Change Order No. 2, by $22,818 . 15, from $10, 839 .25 to $33,657 .40. Resolution of the City of San Bernardino authorizing an interfund loan from the Sewer Line Construction fund *245) to the Special Assessment Fund (251) , in the amount of $22, 818. 15 to front the estimated costs incurred from April 1, 1992, to June 30, 1992, in connection with the maintenance of landscaping in portions of Kendall Drive and Shandin Hills, through Assessment District No. 959 . (See Attached) (Cost to City -- $22,818.15 from Sewer Line Construction Fund to be recouped through assessments) Ward 5 26 . Resolution of the City of San Bernardino confirming the 1992-93 Assessment roll for Assessment District No. 965, for the improvement of Lassen Street, north of Baseline Street in the City of San Bernardino. (See Attached) (Cost to City -- $11,737 .47 to be recouped through assessments) Ward 6 27 . Resolution of the City of San Bernardino confirming the 1992-93 Assessment Roll for Assessment District No. 966, for the improvement of Daley Canyon Road, easterly of Chiquita Lane in the City of San Bernardino. (See Attached) (Cost to the City -- $5,157.26 to be recouped through assessments) Ward 4 10 8/3/92 (Consent Calendar continued) 28 . Resolution of the City of San Bernardino confirming the 1992-93 Assessment Roll for Assessment District No. 971, Fire Station Construction Reimbursement District in the Tri- City area. (See Attached) (Cost to City -- $141,934.75 to be recouped through assessments Wards 1 & 3 z 29 . Resolution of the City of San Bernardino confirming the 1992-93 Assessment Roll for Assessment District No. 973, installation of traffic signals at University Parkway and Hallmark Parkway. (See Attached) (Cost to City-- $2,259.31 to be recouped thrqugh ,assessments) Ward 6 30 . Resolution of the City of San Bernardino confirming the 1992-93 Assessment Roll for Assessment District No. 990, Highland and Arden Security and Maintenance District. (See Attached) (Cost to City --$59,018_2.86 to be recouped through assessments) Ward 7 31 . Resolution of the City of San Bernardino confirming the 1992-93 Assessment Roll for Assessment District No. 1001, landscaping maintenance, Pennsylvania and Birch area. (See Attached) (Cost to City -- $879.,75 to be recouped through assessments) ', /�" Ward 3 32 . Resolution of the City of San Bernardino confirming the 1992-93 Assessment Roll for Assessment District No. 1002, landscaping maintenance, North ,, "H" Street area. (See Attached) (Cost to City -- $7,3-75.94) Ward 5 11 8/3/92 (Consent Calendar continued) purchasing *Note: Delivery expected within 9 months to 1 year. First payment to come from the 1993-94 Budget. 33 . Resolution of the City of San Bernardino awarding a purchase order for the furnishing and delivery of radios and accessories for fire pumper truck (F-92-17) and 100 foot aerial ladder truck (F-92-18) , to be utilized by the Fire Department in accordance with Bid Specifications Q20070 and Q20075 . (See Attached) 34 . Resolution of the City of San Bernardino awarding a Schedule 3 Addendum to lease purchase agreement Number 108, dated October 28, 1991 to Municipal Leasing Corporation for the financing of one each, fire pumper truck, one each, 100 foot aerial ladder truck and radios and accessories for both trucks, to be utilized by the Fire Department in accordance with Bid Specifications F-92-17 , F-92-18, Quote Q20070 and Q20075. (See Attached) f 35 . Resolution of the City of San Bernardino awarding a purchase order to Seagraves Fire Apparatus, Inc. , for the furnishing and delivery of one 100-foot aerial ladder truck to be utilized by the Fire Department in accordance with Bid Specification F-92-18 . (See Attached) 36 . Resolution of the City of San Bernardino awarding a purchase order to Seagraves Fire Apparatus, Inc. , for the furnishing and delivery of one fire-pumper truck to be utilized by the Fire Department in accordance with Bid Specification F-92-17 . (See Attached) (Cost to City -- $1,010,165.20 for all 4 above resolutions from General Fund) 12 8/3/92 (Consent Calendar continued) 37 . Resolution of the City of San Bernardino awarding a purchase order to L. Barrios for the furnishing and delivery of landscape maintenance contract for seventeen ( 17) locations, to be utilized by the Parks, Recreation and Community Services Department in accordance with Bid Specification F- 93-02 . (See Attached) (Cost to- ity -- $56,568 from General Fund) 038- Resolution of the City of San Bernardino awarding a purchase order to Excel Landscape for the furnishing and delivery of annual maintenance for landscape and irrigation at Seccombe Lake, to be utilized by the Parks, Recreation and Community Services Department in accordance with Bid Specification F- 93-03 . (See Attached) (Cost to City -- $84,900 from General Fund) END OF CONSENT CALENDAR ORDINANCES 39 . An ordinance of the City of San Bernardino amending Subsection F of Section 5 .04 .525 of the San Bernardino Municipal Code relating to Business Registration Certificates for commercial, industrial and residential rental or leasing. (See Attached) (See related Item Nos. 42 and 43) MOTION: That the ordinance be laid over for final adoption. 13 8/3/92 STAFF REPORTS TO BE BEARD AT 10.00 A.M. - CONTINUED FROM JULY 6. 1992 40. Appeal of Board of Building Commissions ' findings and action of August 16, 1992 relating to property located at 1095 W. Spruce Street - Maurice Peters . (Backup material was distributed on July 6, 1992, Item No. 51) Ward 1 Oral report to be presented by the Department of Planning and Building Services. �F5 ) Q Yoe' Slq �" r'�cCVnroe G�cslia CONTINUED FROM JULY 6. 1992 41. Authorization to proceed - Belmont and Royal Oak Landscape Maintenance District (setback area only) . (Backup material was distributed on July 6, 1992, Item No. 10, new staff relpgj=,*attached) Ward 5 CDTION- That the City Engineer and City Clerk be _ _ authorized to pp oEeed with initiating proceedings X51r for the establishment of a assessment district 3 , under theeipprovisions of Chap er 12 .90 of the San ✓� Bernardino Municipal Code nd that the City Engir#er be directed to prepare an Engineer' s t Rep t for the proposed maintenance of front and s a yards within the setback areas of- Tentative T ct No. 14997 . CONTINUED FROM JULY 20, 1992 42 . Review of policies and practices relating to calculation of business registration fees for apartment complexes - V. Alan Swensen - Hill Williams . (Backup material was distributed on April 20, 1992, Item No. 29) f � *Note: See related Item No. 39 for ordinance. 14 8/3/92 (Staff Report continued) CONTINUED FROM JULY 20. 1992 43 . Business registration fees for commercial properties - Jimmy Summers . (Backup material was distributed on April 20, 1992, Item No. 28) � I � l *Note: See related Item No. 39 for ordinance. 44 . Unlicensed ongoing car washes . (See Attached) �MOTION: II That the matter of ongoing car washes operating without a City Business Registration Certificate be referred to the Legislative Review Committee. CARRIED OVER FROM JULY 20, 1992 45. Discussion and possible action regarding Mayor' s actions and directives relative to City Attorney' s Office. (See Attached) MOTION: That discussion and possible action be taken relative to Mayor' s recent action towards and directives to City Attorney. 15 8/3/92 RECONVENE MEETING PLANNING MATTERS 2 :00 P.M. r ROLL CALL PRESENT: .../o- ABSENT: -Z CONTINUED FROM JULY 6. 1992 46 . Appeal - Planning Commission' s denial of a request for a one-year extension of time for Conditional Use Permit No. 90-32 - application to establish vehicle recycling yard on 9 .5 acres located on the south side of Walnut Street, approximately 380 feet east of Muscott Street - John Lightburn. (Backup material was distributed on June 15, 1992, Item No. 44, new staff report attached) Applicant: John Lightburn Owner: Bud Long Location: ward 3. Located on the south side of Walnut Street, approximately 380 feet east of the centerline of Muscott Street. Staff recommendation: That the Mayor and Council uphold the appeal and approve a one-year extension of time, until January 8, 1993 for CUP No. 90-32 , subject to findings of fact, conditions of approval and standard requirements contained in the Planning Commission staff report (Exhibit I.C. ) . Plannina Commission recommendation: Planning Commission adopted findings of fact (Dated 5/19/92) to support their determination of denial. VOTE: Ayes: 5; Nays: 0; Abstain: 1; Absent: 3 . MOTION: That the hearing be closed and that the Mayor and Common Council deny the appeal and deny the extension of time request for Conditional Use Permit No. 90-32, (supports Planning Commission action) or (See next page for motion) 16 8/3/92 MOTION: That the hearing be closed and the Mayor and Common Council uphold the appeal and approve the `�- extension of time for one-year, until .January -8, " 1993, for Conditional Use Permit No. 90-32 , subject to the findings of fact contained in the Planning Commission staff report on March 3, 1992, and the attached conditions of approval and standard requirements ( supports staff recommendation and appellant ' s request) . r , J S la nr. •.;r� 47 . TO BE HEARD AT 2:00 P�M. Appeal - Planning Commission' s denial of Variance No. 92-10, to construct a 95-foot tall freeway oriented sign identifying seven tenants and a center identification monument that identifies six tenants. (See Attached) Filed by: Quiel Bros. Sign Co. Aonlicant: Camden Development LTD Owner: Northwest Enterprises Location: Ward 5. Northeast corner of the I-215 northbound offramp and University Parkway on an irregularly- shaped parcel of land consisting of approximately 9 . 94 acres . Staff recommendation: Deny the appeal and deny Variance No. 92-10 . Planning Commission recommendation: Deny Variance No. 92- 10, based upon the attached findings of fact (Attachment B. 1) . VOTE: Ayes: 4; Nays: 3; Absent: 2 . Mayor to open the hearing . . . MOTION: That the hearing be closed and that the Mayor and Common Council deny the appeal of Variance No. 92- 10, based on findings of fact contained in Exhibit 5 . or (See next page for motion) Z 17 8/3/92 MOTION: That the hearing be closed and that the Mayor and Common Council approve Variance No. 92-10, in concept, and refer the matter back to staff to develop positive findings of facto- Tc .� a 48. TO BE HEARD AT 2:00 P.M. Public Hearing - Planning Commission' s approval of Tentative Tract No. 15451 and Conditional Use Permit No. 92-04 - to construct Phase 1 (68 units) of a two-phase, 118 unit affordable Victorian townhouse development. Applicant/owner: Empire Bay Location: Ward 1. The subject property (Phase 1) consists of several contiguous parcels within a city block bounded by 6th Street on the south, "F" Street on the east, 7th Street on the north, and "G" Street on the west. Staff recommendation: It is recommended that the Mayor and Common Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; approve Conditional Use Permit No. 92-04 and Tentative Tract No. 15451 based on the attached findings of fact, and subject to the attached conditions of approval and standard requirements contained in Exhibit 1 . Planning Commission recommendation: Adopt the Mitigated Negative Declaration and Mitigation Monitoring Reporting and approve the project. VOTE: Ayes: 7 ; Nays: 0; Absent: 0 . Mayor to open the hearing. . . MOTION: That the hearing be closed and that the Mayor and Common Council*approve Tentative Tract No. 15451 , and Conditional Use Permit No. 92-04 . i or (See next page for motion) y� 6k cLa 18 8/3/92 MOTION: That the hearing, be closed; and that the Mayor and Common Council deny Tentative Tract No. 15451 and Conditional Use Permit No. 92-04 . 49 . Adjournment. MOTION: That the meeting be adjourned. 19 8/392 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. 20 8/3/92 SUPPLEMENTAL AGENDA AUGUST 3, 1992 S-1 Resolution of the City of San Bernardino authorizing the execution of cancellation of lease and grant of facade easement by and between Mt. View Cemetery of San Bernardino and the City of San Bernardino. (See Attached) MOTIO N," That said resolution be adopted. l S-2 Mr. James A. Davis -- Central City Parking Place Commission -- Council Member Minor. (See Attached) / MOTION: That the appointment of Mr. James A. Davis, to the Central City Parking Place Commission, per Council —�� Member Minor' s request, be approved. 3 S-3 Ms . Maxine Kraft - Civil Service Board - Mayor Holcomb. ((SEe_�Attached) � MOTION.�\ That the reappointment of Ms . Maxine Kraft to the Civil Service Board, be approved. R S-4 Approve funding in the amount of $25, 000 for Los Padrinos to aid in gang intervention, job training and rehabilitation program. (See Attached) MOTION: Tha he Mayor and Council provide funding of o Los Padrinos for a gang intervention, job training and rehabilitati� program. S-5 Mr. Juan C. Gonzalez -- Board of Water Commissioners-- Mayor Holcomb. (See Attached) (Resume on file in City Clerk' s Office) MOTION: l That Mayor Holcomb' s recommendation to appoint _ Juan C . Gonzalez to the Board of Water Commissioners, be approved. S-6 Resolution of the City of San Bernardino authorizing the execution of an agreement with the California State Department of Education, Food Distribution Section for commodities donated by the Agricultural Marketing Service for use in the City' s summer food service for use in the City' s Summer Food Service Program for children during the period June 29, 1992 through August 28, 1992 . (See Attached) / MOTION: That said resolution be adopted. RACHEL KRASNEY CITY CLERK A G E N D A 2ND FLOOR MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO "August 3, 1992 - 11:00 A.M." (Regular Meeting) Council Chambers, City Hall ------------------------------------------------------------------------ CALL TO ORDER: ROLL CALL: PRESENT: ABSENT: -------------------------------------------------------------------------- (PUBLIC COMMENTS ON ITEMS NOT ON AGENDA) CONSENT CALENDAR MOTION: That the motions indicated by Consent Calendar items numbered "1" through "24" be adopted, except for items numbered L" 1. 'COMMUNITY DEVELOPMENT COMMISSION MINUTES i -,� (Community Develoument Commission) MOTION: That the minutes of the July 20, 1992 meeting of the Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form. --------------- --------------- --------------------------------------------------------------------------- REGULAR MEETING COMMISSION AGENDA KJH:lmp:2332B - 1 - DATE: AUGUST 39 1992 2. EMERGENCY SHELTER GRANT PROGRAM (ESGP) FUNDING AWARD (Mayor and Comon Council) `MOTION: That the Mayor and Common Council approve funding from the FY -!• 1992/1993 Emergency Shelter Grant Program (ESGP) to the Frazee Community Center in the amount of $25,000 and the j/ Salvation Army in the amount of $18,000, pursuant to an ESGP Request for Proposals previously approved for issuance by the -- Mayor and Common Council. ----------------- ---------------- 3. SALE OF 101 NORTH "I" STREET BUILDIPG (Mayor and Common Council) 'NOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND BILLY ARDT, INC. (UPTOWN REDEVELOPMENT '. PROJECT AREA). ----------------- ------------------ 4. OPTION HOUSE INC. FINANCIAL ASSISTANCE ADDITIONAL HOUSING DEVELOPMENT (Mayor and Common Council) MOTION A,J That the Mayor and Common Council ratify its action of February 179 1992 taken in connection with the Option House housing development project. 'MOTION B- RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN \ BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND OPTION HOUSE, INC. EFFECTIVE MAY 22, 1992, FOR ADDITIONAL HOUSING DEVELOPMENT, -------------------------------------------------------------------------- REGHLAR MEETING COMMISSION AGENDA KJH:Imp:2332B — 2 — DATE: AUGUST 3, 1992 5. RELOCATION OF D6 WILLIAM KLEIN 433 WORTH "E" STREET - - (Community Development Commission) MOTION: That the Community Development Commission approve a Relocation Claim to Dr. William Klein in the amount of $20,000, pursuant to the City's General Relocation Plan; ' also, that the Development Department budget be increased accordingly. ----------------- ---------------- 6. ESTABLISHMENT OF SECURITY DISTRICT FOR BASELINE AND VICINITY MERCHANTS BVM (Community Development Commission) ilOTION: That the Community Development Commission authorize the Chairman and the Executive Director to execute an Agreement between the Baseline and Vicinity Merchants to provide ' financial assistance not-to-exceed $34,675 for private security services in the event the BVM matches the Agency contribution with equal monies. ----------------- ---------------- 7. FURNISHINGS FOR THE POLICE COMMUNITY SERVICE OFFICE (CSO) (Community Development Commission) MOTION: That the Community Development Commission approve $5,447 for the furnishing of the Police Community Service Office at the Smart and Final shopping center located at the northwest corner of Baseline Street and Arrowhead Avenue. 8. BASE BUILDING IMPROVEMMS - 201 NORTH "E" STREET OFFICE NUILDIPG (Community Development Commission) ;MOTION: That the Community Development Commission increase the original $10,000 base building improvement allowance by an amount of $13,087 to complete necessary improvements related - �' to the restaurant operation located on the first floor of the 201 North "E" Street office building. ----------------- ---------------- ------------------------------------------------------------------------ REGULAR MEETING COMMISSION AGENDA KJH:lip:2332B - 3 - DATE: AUGUST 3, 1992 9. GTE COPYIMTY ECONOMIC GRANT (Community Development Commission) j MOTION: That the Community Development Commission receive and file the attached staff report. `- ----------------- ---------------- 10. COMMENDATION FOR MEMBERS OF THE UPTOWN CITIZEN ADVISORY COMMITTEE (Mayor and Common Council) MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN - -- - BERNARDINO COMMENDING THE MEMBERS OF THE CITIZEN ADVISORY COMMITTEE FOR THE UPTOWN REDEVELOPMENT PROJECT AREA AND DISSOLVING THE COMMITTEE ----------------- --------------- 11. IMPROVEMENT OF HUNTS LANE GRADE CROSSING NO B-541.0 (Mayor and Common Council) -MOTION That the bid received for the improvement of the Hunts Lane Railroad Crossing, per Plan No. 8297, be rejected as it was 94% over the Engineer's Estimate; and authorization granted to re-advertise for bids. `''CONTINUED FROM JULY 20, 1992 12. / FY 199211993 ECONOMIC DEVELOPMENT AGENCY BUDGET (Community Development Commission) V MOTION A: That the Community Development Commission approve and adopt 1/ the FY 1992/1993 Economic Development Agency Budget as 1 submitted and recommended by the Redevelopment Committee. ----------------- --------------- OR ----------------------------------------------------------------------- REGULAR MEETING COMMISSION AGENDA EJH:1mp:2332B - 4 - DATE: AUGUST 3, 1992 MOTION B: Councilman Hernandez has submitted the following alternative form motion: That the Community Development Commission approve that portion of the proposed FY 1992/1993 Economic Development Agency (EDA) budget relating to Agency Administration, the Development Department and the Convention and Visitor's Bureau, but that the portion of the proposed EDA budget relating to the Main Street program not be approved until the Main Street program and staff have been formally established as a division of the EDA and staff of the Community Development Commission. Further, that the Main Street program is authorized to spend funds at the 1991/1992 level for sixty (60) days and that staff and legal counsel be directed to take any and all necessary steps to expeditiously implement the intent of this motion. MOTION C: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION AMENDING RESOLUTION NO. 5277, AS AMENDED, TO ADD AND DELETE POSITIONS IN THE ECONOMIC DEVELOPMENT AGENCY. .MOTION D: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION AMENDING RESOLUTION NO. 5280, AS AMENDED, RELATING TO SALARIES OF CERTAIN EMPLOYEES OF THE ECONOMIC DEVELOPMENT AGENCY. ----------------- --------------- 13. SAN BERNARDINO COUNTY DEPARTMENT OF PRE—SCHOOL SERVICES HEAD START PROGRAM -, (Mayor and Common Council) 'NOTION That the Mayor and Common Council appropriate $1,500 in CDBG Appropriated Reserve Account funds for a Development Permit for the Head Start facility located at 2382 Del Rosa Avenue. ---------------- -------------- REGULAR MEETING COMMISSION AGENDA WH:1ap:2332B — 5 — DATE: AUGUST 3, 1992 14. FY 1992-1993 SG AGREEMENT BETWEEN THE CITY 1 CAMP FIRE - SAN ANDREAS COUNCIL (Mayor and Comon Council) i 'MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT i' BETWEEN THE CITY OF SAN BERNARDINO AND CAMP FIRE - SAN ANDREAS COUNCIL. ----------------- ------------------ 15. FY 1992-1993 CDBG AGREEMENT BETWEEN THE CITY AND CHILDREN'S FOND (Mayor and Comon Council) :MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY \ SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHILDREN'S FUNDS ----------------- ------------------ 16. FY 1992-1993 CDBG AGREEMENT BETWEEN THE CITY AND EASTER SEAL SOCIETY AND INLAND HEAD INJURY GROUP (Mayor and Comon Council) MOTION: _ RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY \ SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EASTER SEAL SOCIETY. ----------------- ------------------ 17. FY 1992-1993 CDBG AGREEMENT BETWEEN THE CITY AND HIGHLAND DISTRICT COUNCIL ON AGING. INC. - HIGHLAND SENIOR CENTER (Mayor and Cocoon Council) MOTION: ' RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF i A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HIGHLAND DISTRICT COUNCIL ON AGING, INC. - HIGHLAND SENIOR CENTER. ----------------- ------------------ ----------------------------------------------------------------------- REGULAR MEETING COMMISSION AGENDA IGIH:lmp:2332B - 6 - DATE: AUGUST 3, 1992 IS- FY 1992-1993 CDBG AGREEMENT BETWEEN THE CITY AND RICHLAND DISTRICT COUNCIL ON AGING INC - HEALTH KEUILGE03NT CENTERAIELLUSS PROGRAMS (Mayor and Cocoon Council) MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF �_.. .__ SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HIGHLAND DISTRICT COUNCIL ON AGING, INC. - HEALTH ENHANCEMENT CENTER/WELLNESS PROGRAMS. ----------------- ------------------ 19. FY 1992-1993 CDBG AGREEMENT BETWEEN THE CITY AND MARY'S MERCY CENTER (Mayor and Como a Council) (JqOTION: ) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF ---- SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT -_� BETWEEN THE CITY OF SAN BERNARDINO AND MARY'S MERCY CENTER. ----------------- ------------------ 20. FY 1992-1993 CDBG AGREEMENT BETWEEN THE CITY AND ROLLING START INC - HELPLIME (Mayor and Cocoon Council) MOTION RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROLLING START, INC. - HELPLINE ----------------- ----------------- ------------------------------------------------------------------------ REGULAR MEETING COMMISSION AGENDA KJH:Inp:2332B - 7 - DATE: AUGUST 3, 1992 21. PY 1992-1993 CDBG AGBHEMEIT BETWEEN M CITY AND ROLLING TARP, INC - DEAF SERVICES (Mayor and Comon Council) ,'IIDTION: , RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF i A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROLLING START, INC. - DEAF SERVICES ----------------- ------------------ 22. FY 1992-1993 CDBG AGREEMENT BETWEEN THE CITY AND GREATER SAN BERNARDINO SPECIAL OLYMPICS (Mayor and Comon Council) 41OTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND GREATER SAN BERNARDINO SPECIAL OLYMPICS. ----------------- ------------------ 23. FY 1992-1993 CDBG AGRSEffiiT BETWEEN THE CITY AND CHIPPER FOR INDIVIDUALS WITH DISABILITIES - PROJECT LEO (Mayor and Comon Council) ,MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF / A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CENTER FOR INDIVIDUALS WITH DISABILITIES - PROJECT LEO. ----------------- ------------------ RECUTAR MEETING COMIffSSION AGENDA EJH:lmp:2332B - 8 - DATE: AUGUST 3, 1992 24. FY 1992-1993 CDBG AGREEMENT BETWEEN THE CITY AND CENTER FOR INDIVIDUALS WITH DISABILITIES - CID Aw�x (Mayor and Common Council) ( MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF \ SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT j BETWEEN THE CITY OF SAN BERNARDINO AND CENTER FOR INDIVIDUALS WITH DISABILITIES - CID ANNEX. ----------------- ----------------- END OF CONSENT CALENDAR 25. CITY HALL FINANCING CONFIRMING LETTER OF CREDIT (Comimity Development Commission) (MOTION: ' That the Community Devlopment Commission (i) approve and authorize execution of the attached commitment letter and further, (ii) authorize execution of final confirming letter of credit documents when the same are available and (111) authorize staff to pursue the obtaining of a substitute letter of credit from a bank having the highest credit rating. ----------------- ----------------- 26. REPEAL OF GENERAL FUND INCENTIVES ASSOCIATED WITH CITY ENTERPRISE ZONE PROGRAM (Mayor and Cocoon Council) NOTION A: AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 3.18 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE ENTERPRISE ZONE. (FIRST READING) ----------------- ------------------ MOTION B: : RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF ._-.. SAN BERNARDINO REPEALING RESOLUTION NOS. 86-354, 85-411, 85-405, 85-163 AND 83-76 RELATING TO THE CITY'S ENTERPRISE ZONE. ----------------- ----------------- ------------------------------------------------------------------------- REGULAR MEETING COMMISSION AGENDA KJH:Imp:2332B - 9 - DATE: AUGUST 3, 1992 27. ADJOURN TO CLOSED SESSION MOTION: That the Mayor and Common Council and Community Development Commission recess to Closed Session for the following: A. to confer with the attorney regarding pending litigation which has been initiated formally to which the Commission is a party pursuant to Government Code Section 54956.9(a) as follows: ; B. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation; C. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(c), so that the Commission may decide whether to initiate litigation; 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. --------------- --------------- 29. ADJOOBI@D3N'P MOTION: That the Regular Meeting of the Mayor and Common Council and the Community Development Commission be adjourned to Monday, August 17, 1992 at 11:00 a.m. , in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. --------------- --------------- ------------------------------------------------------------------------- REGULAR MEETING COMMISSION AGENDA %JH:1mp:2332B — 10 — DATE: AUGUST 3, 1992 RAChEL KRASNEY CITY CLERK SUPPLEMENT 2ND FLOOR A G E N D A MAYOR AND COMMON COUNCIL, COMMINITY DEVELOPMENT COMMISSION AND THE JOINT POWERS FINANCING AUTHORITY OF THE CITY OF SAN BERN ARDIND "August 3, 1992 — 11:00 A.M." (Joint Regular Meeting) ------------------------------------------------------------------------------- CALL TO ORDER: ROLL CALL: PRESENT: ABSENT: ------------------------------------------------------------------------------- (PUBLIC COMMENTS ON ITEMS NOT ON AGENDA) ------------------ RS-1 LOS PADRINOS FUNDING (Community Development Commission) MOTION: That the Community Development Commission approve an agreement with Los Padrinos of Southern California, Inc. , / for a comprehensive gang intervention program in an amount 3 b not to exceed $25,000, instruct Agency Counsel to prepare an appropriate agreement and authorize the Chairman and Executive Director to execute such agreement when completed. -------------- CLOSED SESSION 2333B CONMISSION SUPPLEMENTAL AGENDA REGULAR MEETING — 1 — MEETING DATE: 08/03/92 RS-2. ADJOURN TO CLOSED SESSION MOTION: That the Mayor and Common Council and Community Development Commission recess to Closed Session for the following: A. to confer with the attorney regarding pending litigation which has been initiated formally to which the Commission is a party pursuant to Government Code Section 54956.9(a) as follows: ; B. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation; C. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(c), so that the Commission may decide whether to initiate litigation; 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: i E. to consider personnel matters pursuant to Government Code Section 54957. ---------------- ---------------- END OF CLOSED SESSION --------------------- RS-3. ADJOiJR1OD3NT MOTION: That the meeting of the Mayor and Common Council/Community Development Commission be adjourned to Monday, August 17, 1992, at 11:00 a.m. , in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 2333B COMMISSION SUPPLEMENTAL AGENDA REGULAR MEETING - 2 - MEETING DATE: 08/03/92