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HomeMy WebLinkAbout01-20-1993 Adj Reg Mtg Agenda AGENDA ADJOURNED REGULAR MEETING MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO WEDNESDAY, JANUARY 20, 1993 - 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 confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9 (b) (1) , as there is significant exposure to litigation; b. based on existing facts and circumstances, set out below, the City Council is meeting only to decide whether a closed session is authorized pursuant to California Government Code Section 54956.9 (b) (2) ; C. 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; d. to consider personnel matters pursuant to Government Code Section 54957; e. 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; f. to give instruction to the City' s/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956. 8 . The real property which the negotiations concern is generally located at The identity of each person with whom negotiations are authorized is: 1 1/20/93 f g. to meet with an applicant for a City license and the applicant ' s attorney pursuant to Government Code Section 54956.7; h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code Section 54957; i. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party to pursuant to Government Code Section 54956. 9 (a) as follows: Stubblefield Construction Company, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; 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; Tomas Armendariz , et al vs. James F. Penman, et al, - United States District Court Case No. 91-5757; Guardian Bank vs James F. Penman et al - United States District Court Case No. 92-4415 WDK (Ex) ; Guardian Bank vs. James F. Penman, et al - San Bernardino County Superior Court Case No. 272631; City of San Bernardino vs. Chambers Cable - San Bernardino Superior Court Case No. 264793 ; Tomas Armendariz , et al vs. James F. Penman, et al - San Bernardino Trial Court Case No. 271093 ; Julie M. Thompson vs. City of San Bernardino, et al- United States District Court No. SA CV-92-888 GT (RWRx) . END OF CLOSED SESSION 2 1/20/93 RECONVENE MEETING - 9 : 30 A.M. ROLL CALL PRESENT: ABSENT: INVOCATION: �C -'l /t�/ r y`,tc�1-' �'�ti't`r��C � cz.Gc�°�L 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. Service Pin Award Ceremony. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 21 be adopted, except for I , 1 ,, and 5. Waive further reading of resolutions and ordinances. MOTION: That further reading of all resolutions and ordinances on the regular, supplemental and �1 Community Development Commission agendas, be 7 waived. 3 1/20/93 (Consent Calendar Continued) 6. Approval of contract Change Order No. 1 -- contract increase of $10, 382.50 -- modification of traffic signals at Kendall Drive and University Parkway -- Paul Gardner Corp. (See Attached) (Cost to City -- $10,382.50 from Street Construction Fund) Ward 5 OTION: That Change Order No. One to the contract with Paul Gardner Corp. , for the modification of traffic signals at Kendall Drive and University Parkway, in accordance with Plan No. 7754/8299, be approved; to authorize the contractor to provide an A.C. overlay for the installation of traffic signal loops (for northbound traffic) and to widen the northwest corner of the intersection, to accommodate traffic turning west onto Kendall Drive, at an increase in the contract price of $10, 382.50; from $69, 996. 00 to $80, 378.50. 7. ' Approval of Change Order No. Two -- authorizing provision of Railroad Protective Liability Insurance Policy -- contract increase of $6, 900. 00 -- installation of guard rail on Little Mountain Drive, Rancho Avenue and Waterman Avenue -- Paladin Construction, Inc. (See Attached) (Cost to City-- $6,900.00 from Street Construction Fund) Wards 3 & 5 AOTION: That Change Order No. Two to the contract with Paladin Construction, Inc. , for the installation of guardrail on Little Mountain Drive, Rancho Avenue, and Waterman Avenue, in accordance with Plan No. 8262, be approved, to authorize the contractor to provide a Railroad Protective Liability Insurance Policy, at an increase in the contract price of $6,900. 00; from $172, 543 .50 to $179, 443 . 50. 4 1/20/93 8 . Approval of plans and authorization to advertise for bids-- in-fill street improvements at four locations on Kendall Drive, Highland Avenue and State Street. (See Attached) (Cost to City -- $36,674 from Assessment District Fund) !MOTION:1 That the plans for construction of in-fill street improvements at four (4) locations on Kendall Drive, and at Highland Avenue and State Street, in 5 accordance with Plan No. 8841, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. 9. Results of decertification/recognition election - General Employees' Bargaining Unit. (See Attached) NOTION_ : That the Mayor and Common Council acknowledge receipt of the Results of Representation Election dated January 12 , 1993, and certify San Bernardino Public Employees' Association as the General Employees exclusive bargaining unit agent. 10. Refer subject of taxing single family rental units through the business registration process to the Legislative Review Committee. (See Attached) NOTION: That the subject of taxing single family rental units through the business registration process be referred to the Legislative Review Committee. 11. Claims and Payroll. (See Attached) MOTION: That the claims and payroll, and the authorization \ to issue warrants as listed on the memorandum dated January 13, 1993 from the Director of �7 Finance, be approved. 5 1/20/93 (Consent Calendar continued) 12 . Personnel Actions. (See Attached) MOTION: That the personnel actions submitted by the Chief Examiner dated January 7, 1993 , in accordance with all administrative regulations of the City of San Bernardino, be approved. 13 . Joint Powers Financing Authority - Regular Meeting. MOTION: That the regular meeting of the Joint Powers Financing Authority be adjourned to February 15, ,5- 1993 . RESOLUTIONS MOTION: That the following resolutions be adopted. Civil Service 14 . Resolution of the City of San Bernardino authorizing the execution of agreement with Carey B. Paul M.D. , relating to medical services. (See Attached) (Cost to City --- $10,000 estimated from General Fund) Library 15. Resolution of the City of San Bernardino authorizing the execution of a contract with Vernadette L. Jordan for services as the clerical staff to the Adult Basic Education Program. (See Attached) (Cost to City-- $15,655 from California State Literacy Grant Fund) Ward 1 Parks, Recreation & Community Services 16. Resolution of the Mayor and Common Council of the City of San Bernardino approving the assignment of the lease of Fiscalini field from Don Nomura to Elmore Sports Group Ltd. subject to the review and approval of the final assignment documents. (See Attached) 6 1/20/93 1 (Consent Calendar continued) Personnel 17. Resolution of the City of San Bernardino amending Resolution No. 6429 entitled in part "A resolution. . . establishing a basic compensation plan for officers and/or employees of the Police and Fire Departments of the City of San Bernardino and_ repealing Resolution No. 92-457. (See Attached) A Public Works/Engineering 18. Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A resolution. . . prohibiting parking upon certain designated streets or portions thereof, or other City property. . . , " to reserve 18 parking spaces for the exclusive use of the City Parks and Recreation employees, on the public parking lot located on the southeast corner of Sierra Way and Sixth Street, applicable only from Monday through Friday between the hours of seven a.m. and five p.m. (See Attached) (Cost to City -- $400 from General Fund) / j Ward 1 Telecommunications 19. � Resolution of the City of San Bernardino awarding a purchase order to Octel Communications Corporation for the furnishing of a voice processing system, to be utilized by the Telecommunications Division providing service for the City Clerk's Office and the Economic Development Agency. (See Attached) (Cost to City-- ` (� $31,624 - $9,624.00 from Telephone Hardware and $22,000 from Economic Development Agency) ORDINANCE - FINAL READING ( NOTION: That the following ordinances be adopted. 20. Ordinance of the City of San Bernardino amending Chapter 19 . 04 , Section 19 . 04 . 030 (2) (C) of the San Bernardino Municipal (Development) Code pertaining to large family day care homes. 7 1/20/93 (Consent Calendar continued) 21. An ordinance of the City of San Bernardino adding Section 2 .56. 105 to the San Bernardino Municipal Code relating to the power of the City Clerk to contract with civic and service organizations to provide individuals to serve on precinct boards in elections. END OF CONSENT CALENDAR CONTINUED ITEM CONTINUED FROM DECEMBER 21, 1992 22 . Resolution of the City of San Bernardino authorizing the execution of a Inter-Jurisdictional Discharge Agreement with the City of Rialto relating to discharge of wastewater from the City of San Bernardino into Rialto's sewage collection system. (Backup material was distributed on November 16, 1992, Item 20. New staff report attached) LOTION: That said resolution be adopted. I 8 1/20/93 MAYOR AND COMMON COUNCIL CITY OF SAN BERNARDINO RECONVENE MEETING PLANNING MATTERS WEDNESDAY, JANUARY 20, 1993 - 2:00 P.M. PRESENT ABSENT TO BE HEARD AT 2:00 P.M. - CONTINUED FROM JANUARY 11, 1993 23 . Appeal - Planning Commission's denial of Conditional Use Permit No. 91-03 -- to construct a 45 unit senior citizen apartment complex project. (Backup material was distributed on January 11, 1993, Item No. 21. New staff report attached) Apyellant: Cliff Carel & Associates Omer: Michael J. Murphy Location: Ward 1. Located on the north side of Third Street, between Allen Street and Sierra Way. Staff recommendation: That the Mayor and Common Council adopt the negative declaration, and approve Conditional Use Permit No. 91-03 , subject to the conditions of approval contained in Exhibit "G" and the standard requirements contained in Exhibit "H" , based on the findings of fact contained in Exhibits "E" and "F" . Planning Commission recommendation: Deny the project based on the fact that the site is unsuitable for senior housing, and a re-design of the project will be of no benefit because of location. Mayor to open the hearing. . . MOTION: That the hearing be closed and that the negative declaration be adopted and Conditional Use Permit No. 91-03 be approved based on findings of fact contained in Exhibits "E" and "F" and subject to the conditions of approval (Exhibit "G") and standard requirements (Exhibit "H") of the staff report dated December 16, 1992 . (Exhibit "B" of this report) . 9 1/20/93 (Planning Matters continued) TO BE HEARD AT 2:00 P.M. - CONTINUED FROM JULY 20, 1992 24 . Appeal of the Hearing Officer's Statement of Decision- revocation of Conditional Development Permit No. 262- Golden Eagle Motel - Hong Wen Yang & Lin Mei-Yung Yang. (Backup material was distributed on May 4, 1992, Item No. � • � 44. New staff report attached) Ward 1 Mayor to open the hearing . . . MOTION: That the hearing be continued to April 5, 1993 to allow completion of General Plan No. 92-11, completion of the necessary improvements and issuance of Certificates of Occupancy. 25. Adjournment. MOTION: That the meeting be adjourned to Monday, February 1, 1993 , at 8: 30 a.m. , in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 10 1/20/93 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. 11 1/20/93 SUPPLEMENTAL AGENDA JANUARY 20, 1993 S-1 Resolution of the City of San Bernardino appointing election officers and designating polling places pursuant to Section 2 . 56. 110 of the San Bernardino Municipal Code for the Primary Municipal Election to be held March 2 , 1993 . (See Attached) (Cost to City -- $25,500 from General Fund) NOTION: That said resolution be adopted. CL V/ S-2 Reconsider General Plan Amendment No. 92-06 and Tentative Tract No. 15407 -- to change the land use designation from RL, Residential Low, to RS, Residential Suburban and to create a 110 single-family subdivision located on 33 . 24 acres at the southeast corner of Irvington Avenue and Olive Avenue. (Backup material distributed December 21, 1992, Item 42. New staff report attached) Ward 5 Resolution of the City of San Bernardino adopting the negative declaration of environmental impact and adopting General Plan Amendment No. 92-06 to the General Plan of the City of San Bernardino. (See Attached) MOTION: That Item 4Z,,` (December \ 1, 1992 agenda) be reconsidered. all � S-3 Resolution of the City of San Bernardino amending Resolution No. 88-280 entitled in part "Resolution .adopting procedures for compliance with . . .Ralph M. Brown. . .Act" ; .and amending Resolution No. 87-60 entitled in part "Resolution. . .amending Resolution No. 87-1. . . "To place the "Public Comments on items not on agenda" as the last item on the agenda of the meetings of the Mayor and Council, and to provide that public comment time to address matters already listed on the regular or supplemental agenda be limited to three (3) minutes, unless such time limit is extended by the Mayor and Common Council with certain exceptions; and authorizing and directing staff to prepare a composite document of such procedures. (See Attached) 1W -° DEPUTY CI CLERK CITY CLERK'S OFFICE AGENDA 2ND FLOOR MAYOR AND COMMON COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION AND THE JOINT POWERS FINANCING AUTHORITY OF THE CITY OF SAN BERNARDINO "January 20, 1993 - 11:00 a.m." (Joint 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 "3" be adopted, except for items numbered: 1. JOINT POWERS FINANCING AUTHORITY (Community Development Commission) MOTION: That the Regular Meeting of the Joint Powers Financing Authority be continued to Monday, February 15, 1993. ---------------- ------------------ ---------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-1jr2 1 Date: January 20, 1993 2. IN-FILL STREET IMPROVEMENTS ON ARTERIAL & COLLECTOR STREETS (Community Development Commission) MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BOB BRITTON, INC., FOR INSTALLATION OF IN-FILL STREET IMPROVEMENTS ON ARTERIAL AND COLLECTOR STREETS. ----------------- ----------------- 3. LANDSCAPING OF OLD NAUGLES RESTAURANT (Community Development Commission) MOTION: That the Community Development Commission approve landscape improvements in the amount of fifty percent (50%) , or approximately $12,000, to the Old Naugles Restaurant property located on the southwest corner of Lincoln and Highland Avenue at 1033 West Highland Avenue. END OF CONSENT CALENDAR 4. CEMETERY EXPANSION -SUPPLEMENTAL FUNDING (Community Development Commission) (, �I" MOTION: That the Community Development Commission approve supplemental funding in the amount of$120,000 to finance additional cemetery expansion activities. - ------------- ----------------- 5. CITY LANDSCAPE AND BEAUTIFICATION PROGRAMS (Community Development Commission) MOTION: That the Community Development Commission authorize an expansion in the scope of the 50/50 Landscape and Beautification programs allowing for such activities to occur in unincorporated islands within the City limits and unincorporated areas avithin the City's sphere of influence along previously established major east-west and north-south corridors. ----------------- ----------------- ---------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-1jr2 2 Date: January 20, 1993 6. LOS PADRINOS COMMUNITY COALITION )Community Development Commission) o f MOTION: That the Community Development Commission discuss and take possible action regarding the Los Padrinos Community Coalition. (See attached �u memorandum from Councilman Hernandez). c 7. DUKES _DUKES AND ASSOCIATES LOAN AGREEMENT (Community Development Commission) (Councilwoman Pope-Ludlam's Recommendation) MOTION: That the Community Development Commission consider a loan agreement between Dukes - Dukes and Associates and the Redevelopment Agency in the amount of$700,000. Item will be passed out at the January 20, 1993 Commission Meeting. ----------------- ----------------- CLOSED SESSION -4 8. ADJOURNED TO CLOSED SESSION C.4-e-x- 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. ------------- -------------- ----------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-1jr2 3 Date: January 20, 1993 END OF CLOSED SESSION --------------------- 9. ADJOURNMENT MOTION: That the meeting of the Mayor and Common Council/Community Development Commission be adjourned to Monday, February 1, 1993, 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:cdc-1jr2 4 Date: January 20, 1993