HomeMy WebLinkAbout12-05-1994 Reg Mtg Agenda �7- 362 city Clerk (1)
AGENDA
REGULAR MEETING
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
MONDAY, DECEMBER 5, 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) two working days prior to the meeting with any requests
for reasonable accommodation, to include interpreters.
CALL TO ORDER 'P; 6 y N' m
ROLL CALL/PRESENT:
ABSENT: l G2^'��^"-�-i<- ?' /7 W -7n)
CLOSED SESSION
1. Pursuant to Government Code Sections :
MOTION: That the Mayor and Common Council and Community
Development Commission adjourn to closed session
for the following:
(A) Conference with legal counsel - existing litigation -
/pursuant to Government Code Section 54956 . 9 (a) :
J (1) David Hatfield vs. City of San Bernardino - United
/ States District Court Case No. SACV 93-317 LWM;
J (2) Manta Management Corporation vs . City of San
Bernardino - United States District Court Case No.
` / CV - ED 94-251 RT (Mcx) ;
V(3) Juan Manuel Sanchez vs. City of San Bernardino, et
al - United States District Court Case No. CV 87-
2291 AWT (Bx) ;
,/(4) Cal Safari, Inc . dba In Cahoots, et al vs. City of
San Bernardino, et al - United States District
Court Case No. SAW 94-955 LHM (EEx) .
1 12/5/94
1 . Continued.
1 (B) Conference with legal counsel - anticipated litigation -
significant exposure to litigation pursuant to
subdivision (b) of Government Code Section 54956 . 9 : two
cases .
END OF CLOSED SESSION
2 12/5/94
RECONVENE MEETING - 9 : 00 A.M.
ROLL CALL/PRESENT: 7. o `1A m l
ABSENT: /, to l#L/ //✓U`J y'(J 9q,rynpp. ; / D( ✓v /�. a
INVOCATION: Lam- . �LC�e� 'lYri2, �1,. N�v�n-�i�e-/rtiJ_ U"
PLEDGE:
/2 . Appointments/Presentations:
/3 . Announcements by Mayor and Council.
4 . PUBLIC COMMENTS ON ITEMS NOT ON THE 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
MOTION: That the motions indicated by consent calendar
items 5 through 14 be adopted except for
and
waive full reading of Resolutions and Ordinances.
MOT7,ON: That full reading of the Resolutions and Ordinances
3 on the regular, supplemental, addendum to the
supplemental and i y
agendas, be waived.
Coun Minutes .
MOTION: That the minutes of the following meeting of the
HI3 Mayor and Common Council of the City of San
Bernardino be approved as submitted in typewritten
form: September 28, 1994 (Delivered on 11/29/94)
3 12/5/94
City Clerk
7 . Resolution of the City of San Bernardino amending Resolution
94-31 entitled in part "Resolution . . . amending Conflict of
Interest Code . . . " , by amending Appendices A and B to add,
delete and change the titles of various positions within
Departments of the City which must file Conflict of Interest
State s . (See Attached)
MOTI N: That said resolution be adopted.
Nq3
Management Information Services
Resolution of the City of San Bernardino awarding a Purchase
order to Creative Computer Solutions for the furnishing and
delivery of a DEC 2100 Alpha Computer System to be utilized by
the City of San Bernardino as its business and financial
computer. (See Attached) (Cost to the City -- $116, 859 from
the General Fund. )
tu-1) : That said resolution be adopted.
9 . Cl aims and Payroll. (See Attached)
OTION: That the claims and payroll and authorization to
issue warrants as listed on the memorandum dated
NI� November 28, 1994 from the Director of Finance, be
approved.
10 . P net Actions. (See Attached)
MOTION: That the personnel actions submitted by the Chief
I Examiner dated November 23 , 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/Engineering
11 . Approve plans and authorize advertisement of bids -- removal
of red paint on curbs at various locations . (See Attached)
timated cost to City -- $12, 000 from the General Fund.)
MOTION: That the transfer of $12, 000, from Account No. 001-
TI
307-52020, "Salaries., Permanent/Full Time, " to
Account No . 001-307-54101 , -,Professional/3
Contractual Services, " be approved;
and
(Item continued on next page)
4 12/5/94
11 . Continued.
MOTION: That the plans for removal of red paint on curbs at
#2 various locations, in accordance with Plan No.
9217, be approved; and that the Director of Public
N 3 Works/City Engineer be authorized to advertise for
bids.
12 Approve plans and authorize advertisement of bids --
improvements of Flood Control Basin at northeast corner of
Mill Street and Pepper Avenue. (See Attached) (Cost to City
0, 000 from Gas Tax Fund.) Ward 3
MOTION: That the transfer of $130, 000, from Account No.
#1 126-000-30405, "Unappropriated Reserve, " to Account
No. 126-356-57852, "Improvements to Flood Control
Basin - northeast corner of Mill Street and Pepper
Avenue, " be approved;
and
MOTION: That the plans for improvement to the Flood Control
12 Basin at the northeast corner of Mill Street and
Pepper Avenue, in accordance with Plan No. 9127, be
approved; and that the Director of Public
Works/City Engineer be authorized to advertise for
bids .
13 . Resolution of the City of San Bernardino authorizing the
execution of a license and agreement with H Inland Enterprises
relating to encroachment of a canopy and sign into the public
right-of-way of "H" Street at 798 West Inland Center Drive.
(See Attached) Ward 3
MOTI N: That said resolution be adopted.
3 PH
14 . Resolution of the City of San Bernardino authorizing the
execution of Streambed Alteration Agreement 5-400-94 relating
to construction of bridges for Orange Show Road at East Twin
Cr and Santa Ana River. (See Attached) Wards 1 & 3
MOTION: That said resolution be adopted.
3/c,
END OF CONSENT CALENDAR
5 12/5/94
PUBLIC HEARINGS
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.
TO BE HEARD AT 10:00 A.M.
15 . Public hearing -- Agreement with Southern California Edison --
installation and financing of energy conservation measures at
various City owned facilities. (See Attached) (Proposal and
Agreement with Envest is available in the City Clerk's Office)
Resolution of the City of San Bernardino to enter into an
agreement with Southern California Edison Company for the
installation and financing of energy conservation measures at
various facilities within the City.
Mayor too n the hearing . . .
H11 e
MOTION: at the hearing be closed; and that said
resolution be adopted. YP-MOVi A4 kod,nor avb ivwT;on
h f,p(00 STAFF REPORTS
�0 Public Works/Engineering
1 . Resolution of the City of San Bernardino awarding a contract
to Matich Corporation for installation of traffic signals, and
various roadway and drainage improvements at State Highway I-
215 and University Parkway. (See Attached) (Cost to City --
$463, 0 from Traffic System Fee Fund.) Wards 5 & 6
MOTION: That the appropriation of $463 , 000 in Account No.
I 250-670-57488, "Traffic Signals - I-215 and
University Parkway, " from Federal Interstate 4R
Funds through Caltrans, be approved; and that said
resolution be adopted.
17 . Approve Contract Change Order No. Six -- authorization to
replace existing deteriorated water gate valves throughout
project area -- contract increase not to exceed $60, 000 --
street improvement of Tippecanoe Avenue, "C" Street (Sheppard
Boulevard) and Del Rosa Drive -- Matich Coporation. (See
Attached) (No cost to City -- paid entirely from U.S.
Department of Commerce, Economic Development Administration
Grant and Inland Valley Development Agency funds.)
Ward 1
(Item continued on next page)
6 12/5/94
17. Cc
MOTION: That Change Order No. Six to the contract with
Matich Corporation, for the construction of street
�I1 improvements on Tippecanoe Avenue, "C" Street
(Sheppard Boulevard) , and Del Rosa Drive, in
accordance with Plan No. 9053 , be approved; to
authorize the contractor to replace the existing
deteriorated water gate valves located throughout
the project area, at an increase in the contract
price not to exceed $60, 000; from $4, 523, 299 . 87 to
$4, 583, 299. 87.
18 . Approve Contract Change Order No. Seven -- authorization to
make hot tap to existing 20-inch water line being installed as
part of project -- contract increase not to exceed $7, 199 --
street improvement of Tippecanoe Avenue, "C" Street (Sheppard
Boulevard) and Del Rosa Drive -- Matich Corporation. (See
Attached) (No cost to City -- to be paid entirely from U.S.
Department of Commerce, Economic Development Administration
Grant and Inland valley Development Agency funds. )
Ward 1
MOTION: That Change Order No. Seven to the contract with
Matich Corporation, for the construction of street
N I� improvements on Tippecanoe Avenue, "C" Street
(Sheppard Boulevard) and Del Rosa Drive, in
accordance with Plan No. 9053 , be approved; and
authorize the contractor to make a hot tap to the
existing 20-inch water line located in Tippecanoe
Avenue, for the 20-inch water line being installed
as part of this project, at an increase in the
contract price not to exceed $7, 199; from
$4, 583, 299 . 87 to $4, 590,498 . 87.
City Administrator
19 . Resolution of the City of San Bernardino authorizing the
execution of a parking agreement between the City of San
Bernardino and William Austin Company, by the Mayor of the
City of San Bernardino on behalf of said City and repealing
R ion No. 94-337 . (See Attached) Ward 1
MOTION: That said resolution be adopted.
7 12/5/94
20 . Transfer funds from Parking District Fund to General Fund to
pay for Youth Committee programs and outstanding legal fees.
(See Attached) (Cost to City -- $132,216 from General Fund. )
NOTE: The Late Night Hoops and Mentoring/Tutoring
Programs were approved in concept on November 21,
1994 and staff was directed to administratively
.Sind funding for the programs.
MOTIO hat the Finance Director be directed to transfer
the amount of $132, 216 from the Parking District
Fund to the General Fund to repay a portion of the
�F outstanding loan to the Parking District; that
$35, 754 of that amount be allocated to fund the Z
Late Night Hoops and Mentoring/Tutoring Pro r f
outlined in the Youth Committee report; and--that
aining balance of $96 erred to
Account 1-092-542U�to fund legal services Ti
for the ing_ lawsu' t : Scott vs . City of San
ino (City Attorney Inve awsuit) .
Parks, Recreation & Community Services
21 . Request to waive fees -- $125 -- use of La Plaza Park for
Children' s Christmas Party -- December 18, 1994 -- San
Bernardino Inland Empire Lions Club and Inland Empire Hispanic
Chamber of Commerce . (See Attached) Ward 1
MOTION: That the request to waive fees for use of La Plaza
11 Park on December 18, 1994, by the San Bernardino
Inland Empire Lions Club and the Inland Empire
Hispanic Chamber of Commerce in the amount of $125,
be denied.
or
MOTION: That the request to waive fees for use of La Plaza
I2 Park on December 18, 1994, by the San Bernardino
I Inland Empire Lions Club and the Inland Empire
Chamber of Commerce in the amount of $125, be
approved.
8 12/5/94
Police Department
22 . Resolution of the City of San Bernardino authorizing the
execution of a Hold Harmless Agreement with the City of Long
Beach for the destruction of narcotic evidence. (See
TThat said resolution be adopted.
Water Department
23 . Resolution of the City of San Bernardino amending Resolution
No. 89-510 entitled in part "Resolution . . . establishing
sewer connection and inspection fees . " to authorize a
freeze of the sewer connection fee designated for construction
and improvements of the Wastewater Treatment Plant to the rate
in effect on October 1, 1993 . (See Attached)
MOTION: Th said solutio e-asopted.
CONTINUED ITEMS
CONTINUED FROM NOVEMBER 21. 1994
24 . Resolution of the City of San Bernardino establishing and
setting a fair market value and sales price of $190, 000 . 00 and
declaring the intention of the City to sell that certain
property located at 1350 South "E" Street in the City of San
Bernardino, to the San Bernardino valley Municipal Water
District and setting a public hearing to consider the sale.
(See Attached) (Backup material was distributed on November
21, 1994, Item No. S-2, new staff report and resolution
attached) Ward 3
NOTE: Resolution sets a public hearing for 10 : 00 a.m. ,
Monday, December 19, 1994 .
MOTION: That said resolution be adopted.
9 12/5/94
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
PLANNING MATTERS
MONDAY, DECEMBER 5, 1994 - 2 :00 P.M.
CALL TO ORDER: a : () ,4 A-M
ROLL CALL/PRESENT: �� (, 3, `U o. —
ABSENT: a b, 7 (frl GnN d :0 G i'M. ) (#&& / 7 0nh
25 . Public hearing -- Superblock Project -- General Plan Amendment
No. 94-03 -- Development Permit Type II No. 94-08 and Parcel
Map No. 14718 . (See Attached) Ward 1
Resolution of the City of San Bernardino certifying the
Traffic Impact Analysis Report for the Superblock Project
pursuant to the Congestion Management Plan. (Cost to City --
$30 from the Special Deposits Fund.)
Resolution of the City of San Bernardino certifying the
Environmental Impact Report; adopting the Mitigation
Monitoring Program; adopting General Plan Amendment No. 94-03
to amend the text of the General Plan; and, considering
approval of the Superblock Project (et al) .
Mayor to en the hearing . . .
,I1 V 1
MOTION: hat the hearing be closed; at the Mayor and
Common Council adopt said resolution which
certifies the Environmental Impact Report (E.I,R) ,
adopts the Statements Overriding Consideration,
approves the Mitigation Monitoring Program, and
approves General Plan Amendment No. 94-03; and that
said resolution be adopted which certifies the
Traffic Impact Analysis Report; and approves
Development Permit Type II No. 94-08 and Parcel Map
No. 14718 based on the Findings of Fact contained
in (Exhibit 4) and subject to the Conditions of
Approval and Standard Requirements contained in
(Exhibit 5) of the memo from Al Boughey, Director
of Planning and Building Services dated November
19, 1994 .
10 12/5/94
26 . Public hearing -- Development Code Amendment No. 94-08 --
modify sign regulations pertaining to billboards/off-site
signs -- establish criteria for freeway signs for qualifying
businesses. (See Attached)
An ordinance of the City of San Bernardino amending Chapter
19 .22, Sections 19.22 . 030, 19.22 . 060 (G) , 19 .22 . 080, and
19 .22 .150, and Chapter 19. 14, Section 19. 14 . 030 (6) and (7) of
the San Bernardino Municipal Code (Development Code) modifying
definitions relating to billboards/off-site signs, and adding
criteria by which a qualifying business may establish a
freeway sign, applying citywide. (FIRST READING)
Mayor t �Ij en the hearing . . . Pat MOTION. hat the hearing be closed; and said ordinance
be laid over for final adoption based on the
findings of facts contained in (Exhibit 2) of the
memorandum from Al Boughey, Director of Planning
and Building Services dated November 10, 1994 .
27. Adjournment .
MOTION: That said meeting be adjourned.
NOTE: The next regular meeting is scheduled for 8 :00
a.m. , Monday, December 19, 1994, in the Council
Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
11 12/5/94
NOTICE: Any member of the public may address this meeting of the
Mayor and Common Council on any item appearing on the
agenda, by approaching the microphone in the Council
Chambers when the item about which the member desires to
speak is called, and by asking to be recognized.
Any member of the public desiring to speak to the Mayor
and Common Council concerning any matter not on the
agenda but which is within the subject matter
jurisdiction of the Mayor and Common Council, may address
the body at the beginning of the meeting, during the
period reserved for public comments, said total period
for public comments shall not exceed forty-five (45)
minutes, unless such time limit is extended by the Mayor
and Common Council . A 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.
12 12/5/94
°ty Clerk (1)
SUPPLEMENTAL AGENDF
/ DECEMBER 5, 1994
✓S-1 Appointment -- Larry Raymond Quiel -- Board of Building
Cc ' ioners -- Council Member Oberhelman. (See Attached)
MOTION: That the appointment of Larry Raymond Quiel to the
I Board of Building Commissioners, as requested by
� � Council Member Oberhelman, be approved.
S-2 Discuss and take possible action relative to the Rental
Housing Inspection Program -- Council Member Hernandez. (See
Attached)
MOTION: That the ya orb Common Council discus and take
possi p&b action to t the al Housing
Insp6ction Program.
S-3 Request from City of San Francisco to join in a Friend of the
Court brief on the issue of establishing when a City can
determine that a bidder is irresponsible. (See Attached)
MOTION: That the City Attorney be directed to join the
T105 pending appeal as an Amicus Curiae .
S-4 An ordinance of the City of San Bernardino amending Subsection
1 of Section 9. 90. 010 of the San Bernardino Municipal Code
relating to the authority of the Security Guard personnel in
q the Carousel Mall to arrest and issue Notices to Appear for
violations of the San Bernardino Municipal Code in and around
the Carousel Mall . (See Attached) FIRST READING
MOTION: That aid or ance be lai o r for final
ad ion.
1 12/5/94
S-5 Request to waive fees -- use of Seccombe Lake Park and
facilities -- December 18, 1994 -- sit down dinner for the
homeless -- Donna D. Conant.
9h)
2 12/5/94