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HomeMy WebLinkAbout05-16-1994 Reg Mtg Agenda City Clerk (1) REGULAR MEETING MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MONDAY, MAY 16, 1994 - 8:00 A.M. COUNCIL CHAMBERS CALL TO ORDER ROLL CALL PRESENT: ABSENT: CLOSED SESSION 1. Pursuant to Government Code Section 54956. 9: (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (1) Zofia Tvrakowska vs City of San Bernardino - Ninth Circuit Court of Appeals - Case No. 94-55137; (2) County of San Bernardino vs City of Colton - R.iverside Superior Court Case No. 242968 ; (3) Rojas vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 06004 ; (4) Daub v. City of San Bernardino - San Bernardino Superior Court Case No. SCV 01546 ; (5) City of San Bernardino v Gannett Outdoor Co - San Bernardino Superior Court Case No. SCV 07036. END OF CLOSED SESSION 1 5/16/94 RECONVENE MEETING - 9: 00 A.M. ROLL CALL q , O3 CL— PRESENT: 2L±r2Ly /ice J 3�y 7,,, 4 s ABSENT: ai✓-1 r ' "' INVOCATION: /n , P LEDGE: / � /2 . 7 �. Appointments/Presentations: Presentations: A. Service Pin Award 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 received 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 15 be adopted, except for , and 5. Waive further reading of resolutions and ordinances. MOTION: That further reading of the titles of all resolutions and ordinances on the regular, supplemental and Community Development Commission 3/ / agendas, be waived. ,cll 2 5/16/94 6. Council Minutes. MOTIOM•. That the minutes of the following meeting of the Mayor and common Council of the City of San Bernardino be approved as submitted in typewritten 3/ form: March 21, 1994 (Delivered on 5/11/94) City Administrator 7 . An ordinance of the City of San Bernardino adding Section 8. 69.090 to the San Bernardino Municipal Code relating to the prohibition of the possession by juveniles of marker pens and spray can tips. (See Attached) (FINAL READING) OTION: That said ordinance be adopted. ,4 5 Council Office Recommended for Approval by Council Personnel Committee on 5/5/94 8. Authorize the addition of one Police Sergeant position to the Patrol Division to replace position currently assigned to IVDA per term of caretaker agreement. (See Attached) (NO cost to Cit -- funding provided by IVDA. ) MOTION: That the addition of one Police Sergeant position be authorized in the Patrol Division (212) to replace the position currently assigned to IVDA to `'llj provide security services to the former Norton Air Force Base (NAFB) property for the term of the IVDA caretaker agreement; and further that the appropriate documents be amended to reflect this action. Facilities Management 9 . Resolution of the City of San Bernardino assessing certain parcels of real property located within the City of San Bernardino for the costs of abatement of public nuisances (Abandoned Vehicles) on said properties. (See Attached) (=MOTION.- OTION. That said resolution be adopted. // 3 5/16/94 Parka Recreation i Community Services 10. Resolution of the City of San Bernardino authorizing the execution of a worksite agreement between the San Bernardino City Unified school District Special Education Department and the City of San Bernardino Parks, Recreation and Community Services Department for providing worksites for a Special Education Career and Vocational Training Program. (See Attached) (NO Coat to City) MOTI N: That said resolution be adopted. 3 2- Public Services 11. Resolution of the City of San Bernardino authorizing a second amendment to the agreement between the City of San Bernardino and West Coast Arborists, Inc. relating to tree trimming services. (Cost to City -- $100,000 from General Fund. ) MOTION. That said resolution be adopted. Y/Z Public Worka/Encineerinc 12 . Ordinance of the City of San Bernardino amending Chapter 10. 52 of the San Bernardino Municipal Code to establish speed zones on "E" Street/Kendall Drive between Thirtieth Street and Revere Avenue. (See Attached) (FIRST READING) Wards 4, 5, i 7 MOTION: That s ordinan laid over for final ado on. G/(o /9 7 13 . Resolution of the City of San Bernardino authorizing the execution of second amendment to contract with Arrow Power Sweeping relating to the provision of sweeping services for the Central City Mall parking spaces. (See Attached) (Cost to City -- $53, 671 from General Fund. ) Ward 1 MOTION: That said resolution be adopted. 4 5/16/94 14. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and authorization to issue warrants as listed on the memorandum dated / April 27 , 1994 , from the Finance Director, be H 3 approved. 15. Personnel Actions. (See Attached) MOTION: That the personnel actions submitted by the Chief Examiner dated May 5, 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. END OF CONSENT CALENDAR PUBLIC HEARING 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. City Clerks Office l TO BE HEARD AT 10:00 A.M. 16 . Public hearing -- resolution imposing liens on property located within the City of San Bernardino for uncollected business registration fees. (See Attached) Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. Mayor to open the hearing . . . MOTION: That the e osed; and that said resolution be adopted. 5 5/16/94 STAFF REPORTS Finance Department 17 .J Authorize use of Bond Improvement Fund to call bonds and reduce debt obligations of residents in Assessment District No. 977A. (See Attached) (Cajon i June Acquisition District) Ward 6 MOTION: That—the—Bond Improvement Fund surplus be used to call bonds and—reduce--e— debt obligations of the residents in Assessment Dist-r- 977A. (18. Authorize use of Bond Improvement Fund to call bonds and reduce debt obligations of residents in Assessment District No. 977B. (See Attached) (Cajon i June Acquisition District) Ward 6 MOTION: That the Bond Improvement Fund surplus be used to call bonds and reduce the debt obligations of the residents in Assessment District No. 977B. A Parks Recreation 6 Community Services Requests for FY 1994/95 Fine Arts Funding: 19. Recommended for approval by Ways and Means Committee on 12/20/93 a. Request from 4th of July Committee -- $23 , 393 -- 4th of July Celebration at Seccombe Lake Park. (See Attached) (Cost to City -- $23,393 -- will exceed the 1993-94 Budget allocation. ) MOTION: That the request from the 4th of July Committee for funding assistance in the amount of $23, 393 to cover costs connected with the 1994 4th of July Celebration at Seccombe Lake Park be approved from the 1994-95 Fine Arts Fund. (Item 19b on next page) 6 5/16/94 19. Continued. b. Request for Parks and Recreation Concert Series -- $5, 000 -- Rites of Spring and Indian Summer Concerts. (See Attached) (Cost to City -- $5,000 -- will exceed the 1993-94 Budget allocation. ) MOTION: That the request for funds in the amount of $5, 000 for the Rites of Spring and the Indian Summer Concert Series, be approved from the 1994-95 Fine Arts Fund. 20. Request a waiver of fees in the amount of $240 for use of ;1 Guadalupe Field and facilities by the Guadalupe Youth League. 1010P (See Attached) Ward 1 MOTION: That the request to waive fees for use of Guadalupe 0 {� ti Field and facilities by Guadalupe Youth League in 'Jf� ,_p.� + the amount of $240, be denied. q+.P1A'/7l�D f or f[ MOTION: That the request to waive fees for use of Guadalupe 12 Field and facilities by Guadalupe Youth League in j the amount of $240, be approved. Public Services ! 21. A resolution of the Mayor and Common Council of the City of San Bernardino, California, approving the application for grant funds from the California oil Recycling Enhancement Act (ACT) (Statutes of 1991, Chapter 817) for the following project: used oil collection and recycling using retrofitted solid waste collection vehicles and a central holding/testing facility. (See Attached) (Cost to City -- $7 ,025 matching fug s_from Refuse/Enterprise Fund. ) MOTION-N Thar-sw'-''----6' �opted. S/3" 7 7 5/16/94 Public Works/Encineerinc 22 . Authorize transfer of funds and advertisement for bids -- painting of traffic line stripes and pavement markings. (See Attached) (NO coat to City -- General Fund Savings of $2,000) MO ON: That the transfer of $14 , 000 from Account No. 001- /1 307-52020, "Salaries, Permanent/Full Time, " to ccount No. 001-307-53150, "Professional/ Co actual Services, " be approved. and MOTION: That the plans for p ' ting traffic line stripes i2 and pavement markings, in cordance with Plan No. 9068, be approved; and that t irector of Public Works/City Engineer be authorized advertise for 2:3 ) Approval of plans and authorization to advertise for bids -- widening sections of Mill Street and Rialto Avenue to match adjoining sections. (See Attached) (Cost to City -- $67,500 from Assessment District. ) Wards 1 & 3 MOTION: That the plans for widening Mill Street (north side) , east of "D" Street, and Rialto Avenue (south side) , west of "E" Street, to match adjoining sections, in accordance with Plan No. 8903, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. 3A7 Resolution of the City of San Bernardino establishing and setting a fair market value and sales price of $500. 00 and 6� 1006V authorizing and directing the execution of a grant deed 7 conveying that certain surplus right-of-way located north of 1" Highland Avenue and west of the new State Highway 330, in the City of San Bernardino, to Ralph and Nancy Monge. (See pTD Attached) Ward 4 /�61 MOTION: That said resolution be adopted. 8 5/16/94 council Office Recommended for approval by Legislative Review Committee on 5/5/94 J 25. Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution No. 94-46 relating to time limits for the public to address the Mayor and Common Council. (See Attached) MOITIbXt, That Section of Resolution No. 94-46 be amended, it smitng membe6 rs of the public to a total time of i to nutes when they address the Mayor and Common Counci n either agenda or public comment items and limits the time on each item to three minutes. and MOTION: That Section 7 of Resolute No. 94-46 be amended, 12 applying a three minute time 11 ' ation to a member of the public addressing the May and Common council with possible two minute exten at Special meetings. J26. An ordinance of the City of San Bernardino amending Chapter 8.72 of the San Bernardino Municipal Code relating to smoking. (See Attached) (FIRST READING) MOTION: That said ordinance be laid over for final adoption. 12--/� 9 5/16/94 27 . Discuss City's liability exposure and take possible action on the hiring of an independent investigator as a result of the allegations of sexual harassment recently reported in the City Attorney's Office. (Submitted by Council Member Hernandez) NOTION: That the Mayor and Common Council adjourned to /1 closed session -- significant exposure to litigation pursuant to Subdivision (b) of Section 54956. ; and/or MOTION: That the Mayor and Council hire independent legal 12 counsel to advise the City on the potential for liability exposure and on the appropriate course of action in response to allegations of sexual harassment by the City Attorney. 10 5/16/94 MAYOR AND COMMON COUNCIL CITY OF SAN BERNARDINO RECONVENE MEETING PLANNING MATTERS MONDAY, MAY 16, 1994 - 2 : 00 P.M. COUNCIL CHAMBERS ROLL CALL PRESENT: _ U �' 415-, 7 ABSENT: Z- 1 ��`-' Z 0 5 +9 CONTINUED FROM MAY 2 . 1994 28 . Public hearing -- Development Agreement No. 93-01 and Variance No. 93-07 -- Stubblefield Access Agreement. (Backup material was Originally distributed on April 4, 1994, Item NO. 36) Resolution of the City of San Bernardino authorizing the execution of Development Agreement No. 93-01. \ Mayor to open the hearing . . . r� MOTION: That the matter be continued to 2 : 00 p.m. , Monday, O June 6, 1994, in the Council Chambers of City Hall, n( H 300 North "D" Street, San Bernardino, California. h � CONTINUED FROM MAY 2 . 1994 y 29. Appeal -- Planning Commission's denial of Variance No. 93-11 - 1 - off freeway sign -- Scottish Rite Temple property. (Backup material was originally distributed on November 15, 1993, Item No. 42) �\ Applicant: Innovative Graphics, Inc. Owner: Scottish Rite Building Association M Location: Ward 5. The future 11.44 acre shopping center is to be located on the west side of University Parkway, south of College Avenue, north across Varsity Avenue from the Scottish t�: Rite Temple. i (Item continued on next page) 11 5/16/94 29. Continued. Staff Recommendation: That the Mayor and Common Council deny the appeal and deny Variance No. 93-11 based upon the findings of facts contained in the Planning Commission staff report dated September 21, 1993 , (Exhibit 2) . Planninc Commission Recommendation: The Planning Commission recommended that Variance No. 93-11 be denied based upon the findings of facts contained in the September 21, 1993 staff report (Exhibit 2) . VOTE: AYES: 6; NAYS: 1 Mayor to open the hearing . . . MOTION: That the hea be closed; and that the Mayor and Common C cil d y Variance No. 93- ased upon the f ' dings of fa t contain he September 21, 0/3 19 , Planning Comm' ; n staff report. A/O 93 30. Initiation of a Development Code Amendment to permit billboards. (See Attached) MOTION: uncil not consider permitting new billboards anywhere in and not direct staff to 3� prepare an amendment to t e ment Code. 31. Initiation of a Development Code Amendment relative to chain link fencing requirements. (See Attached) MOTION: —Thatt Planning staff be directed to consider amen i the Development Code to remove the word "Residential m the land use designations where (. chain link fencing pr tions are applicable, and to amend Table 20. 01 to allo feet in height on the front property lines, and a of six feet to a ten foot setback in front yar 'n residential districts. qh, Z-"C C- 12 5/16/94 Adoption of General Plan Amendments: 32 . Public hearing - General Plan Amendment No. 93-05 -- Development Permit No. 93-22 (Type III) and Variance No. 93-23 -- a request to amend the General Plan from RS, Residential Suburban, to CO-2, Commercial Office, to locate a dentist's office with reductions in both side and rear setbacks. (See Attached) Applicant: Carlos & Sarah Martinez Owner: Carlos & Sarah Martinez Location: Ward 7 . The subject property is a rectangularly- shaped parcel of land consisting of about 7 , 280 square feet, located at the southeast corner of "E" Street and 31st Street, having a frontage of 52 feet on the east side of "E" Street, p� and a frontage of 140 feet on the south side of 31st Street, V � and further being described as being located at 3095 North "E" Street. Staff Recommendation: Recommended that the Mayor and Common \ Council adopt the negative declaration and adopt the resolution which approves the General Plan Amendment, Development Permit No. 93-22 (Type III) and Variance No. 93- 23 . Planning Commission Recommendation: Recommended that the Mayor and Common Council adopt the negative declaration and approve General Plan Amendment No. 93-05, Development Permit No. 93-22 and Variance No. 93-23 based upon the findings of fact (Attachment E) . VOTE: AYES: 6; NAYS: 0 . Resolution of the Mayor and Common Council of the City of San Bernardino adopting a negative declaration; adopting findings; and adopting General Plan Amendment No. 93-05 to amend the General Plan Land Use Plan Map. :MOTION-yor___ 0 ^/ the hearing . . . /! �/ 3 (� at the hearing be closed; and that the Mayor and Common council adopt the negative declaration; adopt the resolution which approves the General Plan Amendment and that the Mayor and Common Council approve Development Permit (Type III) No. 93-22 and Variance No. 93-23 , based on the findings of fact and subject to the conditions of approval and standard requirements. 13 5/16/94 33 . Public hearing -- General Plan Amendment No. 94-01 YYYYYY Conditional Use Permit No. 94-03 and Parcel Map No. 14639 to change the General Plan designation from IL (Industrial Light) , to CH (Commercial Heavy) -- to permit a bulk distribution service facility and to combine seven lots into eleven. (See Attached) (Cost to City -- $30 Fish & Game Department Filing Fee. ) Applicant: AT & SF Railway Company Owners: Willie Harvey & Marlies Kallen 4., Melvin G. & Joan Elliott Location: Ward 3. The irregularly-shaped 21. 1 acre project ^� site is located about 680 feet north of Rialto Avenue and north of the adjacent Pacific Electric Railroad right-of-way, a south of the Metrolink mainline right-of-way and west of ` Rancho Avenue in the Industrial Light and Commercial Heavy Ou land use designations. Staff Recommendation: That the Mayor and Common Council adopt a -44 the negative declaration and approve General Plan Amendment � ��V11L No. 94-01, Conditional Use Permit No. 94-03 and Parcel Map No. 14639. IN Z Planning Commission Recommendation: That the Mayor and Common Council adopt the negative declaration and approve General Plan Amendment No. 94-01, Conditional Use Permit No. 94-03 and Parcel Map No. 14639 . VOTE: AYES: 6; NAYS: 0; ABSENT: 5 Resolution of the City of San Bernardino adopting the negative declaration of environmental impact and adopting General Plan Amendment No. 94-01 to the General Plan of the City of San Bernardino. Mayor to o the hearing . . . MO7TIO)N at the hearing be closed; at the Mayor and Com mon Council adopt the negative declaration; adopt the resolution which approves General Plan Amendment No. 94-01, Conditional Use Permit No. 94- 03 and Parcel Map No. 14639 , based on the findings of fact and subject to the conditions of approval and standard requirementS, _.,,,ZZ wiz 14 5/16/94 34 . Adjournment. MOTION: That the meeting be adjourned to 10: 00 a.m. , Monday, May 23 , 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 concern;ng any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and Common Council, may address the body at the beginning of the meeting, during the period reserved for public comment, said total period for public comment shall not exceed forty— five (45) minutes , unless such time limit is extended by the Mayor and Common Council. A 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. Pub'_-- :=nents %. il_ -a - ----ved cn anv _tem on the agenda '.:nen _ cuniic near_na 7.as been conducted and closed. 15 5/16/94 City Clerk (1) SUPPLEMENTAL AGENDA MAY 16, 1994 S-1 Selection of dates for Mayor and Council review of City's proposed FY 1994/95 Budget. (See Attached) MOTION: That June 15, 22, 24, 27, 28 and 29, 1994 be considered for selection as dates for Mayor and Council review of City's proposed FY 1994/95 Budget. JS-2 Appointment -- Eugene Allender -- Civil Service Board -- Mayor Minor. (See Attached) MOTION: That the appointment of Eugene Allender to the Civil Service Board, as requested by Mayor Minor, 5 be approved. 1 5/16/94 ADDENDUM SUPPLEMENTAL MAY 16, 1994 AS-1 Report on possible unlawful acts by certain Council Members. (See Attached) MOTION: That NOTION: and Common Council_-ItscIISS and take possible action on p -e unlawful acts. 1 5/16/94 AGENDA (CLOSED SESSION) MAY 16, 1994 From: City Attorney's Office A. Litigation (pursuant to Government Code §54956.9) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Name of cases: a. Zofia Tyrakowska vs. City of San Bernardino - Ninth Circuit Court of Appeal - Case No. 94-55137 . b. County of San Bernardino vs. City of Colton - Riverside Superior Court Case No. 242968. C. Rojas vs. City of San Bernardino San Bernardino Superior Court Case No. SCV 06004. d. Daub v. City of San Bernardino San Bernardino Superior Court Case No. SCV 01546 . e. City of San Bernardino v. Gannett Outdoor Co. San Bernardino Superior Court Case No. SCV 07036. i i I � c�N-A D'rdea�- LT-� A G E N D A MAY 16, 1994 RECEIVEfj-CITY CIEFk PLEASE SEE ATTACHED LIST FROM CITY ATTORNEY{W fyj9E PWT45CLOSED SESSION ITEMS. ANNOUNCEMENTS BY MAYOR AND COUNCIL APPOINTMENTS/PRESENTATIONS Service Pin Award Ceremony 70 ,p m CONSENT CALENDAR a m Motion: = T That the motions indicated by Consent Calendar Items through v be adopted, except for �0 and x COUNCIL OFFICE Recommended for Approval by Council Personnel Committee on 5/5/94 /Authorize addition of one position of police sergeant to Patrol Division to replace position currently assigned to IVDA per term of caretaker agreement. (No cost to City -- funding provided by IVDA) . FACILITIES MANAGEMENT RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. PARKS RECREATION. COMMUNITY SERVICES RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A WORKSITE AGREEMENT BETWEEN THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT SPECIAL EDUCATION DEPARTMENT AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT FOR PROVIDING WORKSITES FOR A SPECIAL EDUCATION CAREER AND VOCATION TRAINING PROGRAM (No cost to City) . PUBLIC WORKS ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH SPEED ZONES ON "E" STREET/KENDALL DRIVE BETWEEN THIRTIETH STREET AND REVERE AVENUE. (WARDS 4, 5, 7) (FIRST READING) . L RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF SECOND AMENDMENT TO CONTRACT WITH ARROW POWER SWEEPING RELATING TO THE PROVISION OF SWEEPING SERVICES FOR THE CENTRAL CITY MALL PARKING SPACES. (WARD 1) (Cost to City -- $53,671 from General Fund) . Claims and Payroll j Personnel Actions END OF CONSENT CALENDAR p 0 -rossa A G E N D A / MAY 16, 1994 PLEASE SEE ATTACHED LIST FROM CITY ATTORNEY'S OFFICE FOR CLOSED SESSION ITEMS. ANNOUNCEMENTS BY MAYOR AND COUNCIL APPOINTMENTS/PRESENTATIONS Service Pin Award Ceremony CONSENT CALENDAR Motion: That the motions indicated by Consent Calendar Items through be adopted, except for and COUNCIL OFFICE Recommended for Approval by Council Personnel Committee on 5/5/94 Authorize addition of one position of police sergeant to Patrol Division to replace position currently assigned to IVDA per term of caretaker agreement. (NO cost to City -- funding provided by IVDA) . FACILITIES MANAGEMENT RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. PARKS, RECREATION, COMMUNITY SERVICES RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A WORKSITE AGREEMENT BETWEEN THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT SPECIAL EDUCATION DEPARTMENT AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT FOR PROVIDING WORKSITES FOR A SPECIAL EDUCATION CAREER AND VOCATION TRAINING PROGRAM (NO cost to City) . PUBLIC SERVICES RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WEST COAST ARBORISTS, INC. RELATING TO TREE TRIMMING SERVICES. (Cost to City -- $100,000 from General Fund) . PUBLIC WORKS ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10. 52 OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH SPEED ZONES ON "E" STREET/KENDALL DRIVE BETWEEN THIRTIETH STREET AND REVERE AVENUE. (WARDS 4 , 5,7) (FIRST READING) . RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF SECOND AMENDMENT TO CONTRACT WITH ARROW POWER SWEEPING RELATING TO THE PROVISION OF SWEEPING SERVICES FOR THE CENTRAL CITY MALL PARKING SPACES. (WARD 1) (Cost to City -- $53,671 from General Fund) . Claims and Payroll Personnel Actions END OF CONSENT CALENDAR } PUBLIC WORKS Authorize transfer of funds and advertisement for bids -- painting of traffic line stripes and pavement markings. No Cost to City -- General Fund Savings of $2,000. Approval of plans and authorization to advertize for bids -- widening sections of Mill Street and Rialto Avenue to match adjoining sections. (Wards 1 & 3) Cost to City -- $67,500 from Assessment District. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND SALES PRICE OF $500.00 AND AUTHORIZING AND DIRECTING THE EXECUTION OF A GRANT DEED CONVEYING THAT CERTAIN SURPLUS RIGHT-OF- WAY LOCATED NORTH OF HIGHLAND AVENUE AND WEST OF THE NEW STATE HIGHWAY 330, IN THE CITY OF SAN BERNARDINO, TO RALPH AND NANCY MONGE. (WARD 4) COUNCIL OFFICE Recommended for Approval by Legislative Review Committee on 5/5/94 Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution No. 94-46 relating to the time limits for the public to address the Mayor and Common Council. An ordinance of the City of San Bernardino amending Chapter 8.72 of the San Bernardino Municipal Code relating to smoking. Discuss City's liability exposure and take possible action on the hiring of an independent investigator as a result of the allegations of sexual harassment recently reported in the City Attorney's Office. (Submitted by Councilman Ralph Hernandez) . Motion: That the Mayor and Council adjourn to closed session -- significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 and/or Motion: That the Mayor and Council hire independent legal counsel to advise the City on the potential for liability exposure and on the appropriate course of action in response to allegations of sexual harassment by the City Attorney. PUBLIC WORKS )Author transfer of funds and advertisement for bids -- painting of tra 'c line stripes and pavement markings. No Cost to City -- General Lcnd Savings of $2,000. /Approval of plans and authorization to advertize for bids -- widening sections of Mill Street and Rialto Avenue to match adjoining se tions. (Wards 1 & 3) Cost to City -- $67,500 from Assessment Di tract. RESOLUTION OF T CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND SALES ICE OF $500. 00 AND AUTHORIZING AND DIRECTING THE EXECUTION OF A G T DEED CONVEYING THAT CERTAIN SURPLUS RIGHT-OF- WAY LOCATED NORTH OF HIGHLAND AVENUE AND WEST OF THE NEW STATE HIGHWAY 330, IN TH$. CITY OF SAN BERNARDINO, TO RALPH AND NANCY MONGE. (WARD 4) COUNCIL OFFICE Recommended forRecommended for Approval2v Legislative Review Committee on 5/5/94Legislative Review Committee on 5/5/94 ✓Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution No. 94-46 relating to the time limits for the public to address the Mayor and Common Council. Discuss City's liability exposure and take possible action on the hiring of an independent investigator as a result of the allegations of sexual harassment recently reported in the City Attorney's Office. (Submitted by Councilman Ralph Hernandez) . Motion: That the Mayor and'-. Council adjourn to closed session -- significa t exposure to litigation pursuant to Subdivision (b) of Section 54956.9 and/or Motion: That the Mayor and Council �re independent legal counsel to advise the City n the potential for liability exposure and on the a propriate course of action in response to alLe tions of sexual harassment by the City Attorney. HEARINGS TO BE HEARD AT 10:00 A. M. CITY CLERK RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. A G E N D A STAFF REPORTS MAY 16, 1994 FINANCE DEPARTMENT ✓Authorize use of Bond Improvement Fund to call bonds and reduce debt obligations of residents in Assessment District No. 977A. /Authorize use of Bond Improvement Fund to call bonds and reduce debt obligations of residents in Assessment District No. 977B. PARKS. RECREATION & COMMUNITY SERVICES Requests for FY 1994/95 Fine Arts Funding: Recommended for approval by Ways and Means Committee 12/20/93 ✓a. Request from 4th of July Committee -- $23 , 393 -- 4th of July celebration at Seccombe Lake Park. Cost to City -- $23,393 this will exceed the 93-94 budget allocation. A. Request for Parks & Recreation Concert Series -- $5, 000 - - Rites of Spring and Indian Summer Concerts. Cost to City -- $5,000 this will exceed the 93-94 budget allocation. /Request for waiver of fees in the amount of $240 for use of Guadalupe Field and facilities by the Guadalupe Youth League. (Ward 1) . PUBLIC SERVICES A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA OIL RECYCLING EHNANCEMENT ACT (ACT) (STATUTES OF 1991, CHAPTER 817) for the following project: USED OIL COLLECTION AND RECYCLING USING RETROFITTED SOLID WASTE COLLECTION VEHICLES AND A CENTRAL HOLDING/TESTING FACILITY. (Cost to City -- $7,025 matching funds from Refuse/Enterprise Fund) . a A G E N D A MAY 16, 1994 PLANNING TO BE HEARD AT 2 :00 P.M. Initiation of Development Code amendment to permit billboards. Initiation of Development Code amendment relative to chain link V fencing requirements. Adoption of General Plan Amendments: 1. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF n , IR`Po -A0 SAN BERNARDINO ADOPTING A NEGATIVE DECLARATION; ADOPTING 0, 4 ��� FINDINGS; AND ADOPTING GENERAL PLAN AMENDMENT NO. 93-05 TO AMEND THE GENERAL PLAN LAND USE PLAN MAP. (WARD 7) �1 / 2. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE X �7Pr NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 94-01 TO THE GENERAL PLAN OF 5I THE CITY OF SAN BERNARDINO. (WARD 3) RACHELCLARK city clerk AGENDA 2nd Fluor MAYOR AND COMMON COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION AND THE JOINT POWERS FINANCING AUTHORITY OF THE CITY OF SAN BERNARDINO "May 16, 1994 - 11:00 a.m." (Joint Regular Meeting) Council Chambers, City Hall CALL TO ORDER: ROLL CALL: PRESENT: ABSENT: ----------------------------------------------------------------- IPUBLIC COMMENTS ON ITEMS NOT ON AGENDA) CONSENT CALENDAR MOTION: That the motions indicated by Consent Calendar items numbered "1"through "6" be adopted, except for items numbered: 3 3 - - 1. JOINT POWERS FINANCING AUTHORITY (Community Development Commission) MOTION That the Regular Meeting of the Joint Powers Financing Authority be called to order. JOINT REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdcgr2 1 Dale: May 16,1994 DEVELOPMENT DEPARTMENT 2. GTE SMALL BUSINESS INCUBATOR PROJECT GRANT (Community Development Commissionl MO N: That the Community Development Commission receive and file the attached staff report relative to the GTE Small Business Incubator Project. �-( i 3. RAY OF HOPE MINISTRIES HOMELESS SHELTER UTILITY PAYMENTS PROGRAM (Community Development Commission) MOTION: That the Community Development Commission approve a$3,000 grant award to �� Ray of Hope Ministries under the Homeless Shelter and UU14 Payments Program and authorize the Chairman and Executive Director to execute any documents I necessary to effectuate this transaction. 4. "FOCUS" NEIGHBORHOOD SELECTION (Community Development Commission) MOTION: That the Community Development Commission designate two (2)"focus" neighborhoods within the Central City Revitalization Strategy area based upon the boundaries set forth below: —• 1-215 Freeway on the West,"E"Street on the East, Baseline Street to the North,and 9th Street to the South. Sierra Way on the West,Waterman Avenue on the East, Baseline Street II(� to the North,and 9th Street to the South. ----------------------------------- ---- JOINT REGULAR MEETING COMMISSION AGENDA KJH:1mp:cdc3j2 2 Date: May 16,1994 5. VALLEY AUTO SUPPLY ACQUISITION _ jCommun'Ity Development Commission) MOl"(ON: That the Community Development Commission authorize the Executive Director to acquire fee title to Valley Auto Supply, accessors parcel numbers 134-141-11 6 27,from Larry G.Haupert and Carolyn S. Haupert for the price of$924,000, plus estimated escrow and title fees of$3,600,and authorize the Executive Director to �( execute any and all documents necessary to complete the acquisition. 6. CENTRAL POLICE STATION FINANCING ---- (Mayor and Common Council) MOTION A: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF /SAN BERNARDINO, CALIFORNIA,APPROVING THE ISSUANCE OF NOT TO ¢� EXCEED$10,000,000 SAN BERNARDINO JOINT POWERS AUTHORITY,TAX ALLOCATION BONDS,ISSUE OF 1994 (POLICE STATION FINANCING PROJECT)AND THE BORROWING BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF THE PROCEEDS THEREFROM PURSUANT TO THAT CERTAIN LOAN AGREEMENT ----- _�� (Community Development Commission) MOTION B: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO,AUTHORIZING, ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO.THE 6/ BORROWING OF FUNDS FROM THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY IN A TOTAL AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED$10,000,000,AUTHORIZING THE FORM OF CERTAIN LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING THE PREPARATION, EXECUTION AND DELIVERY OF THE FORMS THEREOF JOINT REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-3j2 3 Date: May 16,1994 (Joint Powers Financina Authority) MOTION C: RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED TAX (� ALLOCATION BONDS,ISSUE OF 1994(POLICE STATION FINANCING I PROJECT),APPROVING THE FORM OF LEGAL DOCUMENTS, RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION,EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF END OF CONSENT CALENDAR 7. INSPECTOR OF RECORD—POLICE FACILITY CONSTRUCTION (Community Development Commission) MOTION: That the Community Development Commission authorize the Executive Director to draft and execute a contract with Converse Consultant Inland Empire for an amount not to exceed$84,000 and estimated reimbursable expenses of$5,000 Cn I�I for Inspector of Record services for the construction of the new Central Police Station and authorize funding for same. Further,authorize staff to administer changes in the scope of services to the amount of the contingency($6,720)and authorize funding for same. AGENCY ADMINISTRATION 8. PUBLIC COMMENTS AT COMMISSION MEETINGS (Mayor and Common Council) (Community Development Commission) (Legislative Review Committee Recommendation) MOTION: That ome C munity D�v�lopment Commissioned policy the provisions of olution 9446,as amend'ett relatingt66me limits for the public to address the 3 hairman and Community Development Commission. V- CDC- ---------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdcJjr2 4 Date: May 16,1994 DEVELOPMENT DEPARTMENT 9. MEXICAN CONSULATE RELOCATION AND LEASE (Community Development Commission) MOTION: That the Community Development Commission consider appropriating$325,000 in bond proceeds to finance the code-required improvements and tenant / improvements related to the relocation of the Mexican Consulate to Agency-owned 3 ` property at 532 North"D"Street. AGENCY ADMINISTRATION 10. SAN BERNARDINO COUNTY LAW LIBRARY RETENTION (Mayor and Common Council) (Community Development Commission) OPEN PUBLIC HEARING q[5 CLOSE PUBLIC HEARING LCommunity Development Commission) MOTION A: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION 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 THE SAN BERNARDINO 3 7 COUNTY LAW LIBRARY BOARD OF TRUSTEES MOTION B: That the Community Development Commission authorize the Executive Director to execute an Assignment and Assumption Agreement(pertaining to an asbestos removal contract) between the Redevelopment Agency and Bank of America National Trust and Savings Association. MOTION C: That the Community Development Commission reaffirm its motion from the meeting of April 18, 1994,authorizing the Executive Director to execute an Agreement of Purchase and Sale and Joint Escrow Instructions between Bank of 3/7 America National Trust and Savings Association and the Redevelopment Agency. ----------- -------------------- JOINT REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-3jr2 6 Date: May 16,1994 DEVELOPMENT DEPARTMENT 11. ALLOCATION OF LOW-AND MODERATE-INCOME HOUSING FUNDS WITH THE INLAND VALLEY DEVELOPMENT AGENCY (Community Development Commission) MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT REGARDING THE / ALLOCATION OF LOW-AND MODERATE-INCOME HOUSING FUNDS WITH THE INLAND VALLEY DEVELOPMENT AGENCY 12. ARROW VISTA HOUSING DEVELOPMENT PROJECT CCommunity Development Commission) MOTION A: That the Community Development Commission approve the utilization of Pridemark Homes to provide various contractor services in conjunction with the Arrow Vista Housing Development Project,allocate the utilization of$300,000 in r _ low to moderate income housing funds and authorize the Chairman and Executive lL Director to execute any documents necessary to effectuate implementation of said contractor services. MOTION B: TWERIheGerrunualty Development Commission approve the utilization of Inland Cities to provide marketing ' ction with the Arrow Vista Housing Development Project,allocate the utilization of$75,0 erate income housing funds and authorize the Chairman and Executive Director to execum any documents necessary to effectuate implementation of said arketing services. /L'L_ � ---------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-3jr2 8 Date: May 16,1994 13. FY 1994-1995 COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PUBLIC HEARING SCHEDULED FOR 3:00 P.M. (Mayor and Common Council) OPEN PUBLIC HEARING '4 / LOSE PUBLIC HEARING MOTION A: hat the Mayor and Common Council approve and adopt the Community Development Citizen Advisory Committee(CDCAC) recommendations for FY 94195 CDBG-funded programs,projects and activities and authorize the Executive Director to submit the FY 1994-1995 CDBG Statement of Objectives and Projected Use of Funds to the U.S.Department of Housing and Urban l / Development(HUD). MOTION B: RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE CDBG FUNDING AGREEMENTS BETWEEN THE CITY OF SAN BERNARDINO AND THE ORGANIZATIONS IDENTIFIED IN THE 1994-1995 CDBG FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS APPROVED BY THE COMMON COUNCIL ON MAY 16,1994. 14. ADJOURNMENT MOTION: That the meeting of the Joint Powers Financing Authority be adjourned to Monday, June 20,1994,at 11:00 a.m.,in the Council Chambers of City Hall,300 North"D" Street,San Bernardino,California. 3 � 15. ADJOURNMENT may a.3 /y 9 tMOTION: That the meeting of the ommunity Development Commission be adjourned to Monday,June 6,1994, at 11:00 a.m.,in the Council Chambers of City Hall, 300 North"D"Street, San Bernardino,California ---------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc3j2 7 Date: May 16,1994 RACHEL CLARK City Clerk 2nd Fiwr SUPPLEMENTAL AGENDA MAYOR AND COMMON COUNCIL, AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RS-1. FREEWAY HOME CENTER (Community Development Commission) (Councilwoman Pope-Ludlam's Recommendation) MOTION: That the Comm Commission co�der-pgoviding financial assistance Steward and Ass is ., ased upon the documentation sub by Valley Bank of Moreno Valley. ---------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION SUPPLEMENTAL AGENDA KJH:d1e:cdc94sup.6r2 1 Date: MAY 16.1994