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HomeMy WebLinkAbout09-07-1993 Reg Mtg Agenda r -R > AGENDA REGULAR MEETING MAYOR AND COMMON COUNCIL CITY OF SAN BERNARDINOIl TUESDAY, SEPTEMBER 7 , 1993 - 8 : 00 A.M. L' COUNCIL CHAMBERS CALL TO ORDER ROLL CALL PRESENT: ABSENT: CLOSED SESSION 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 ; 1 09/07/93 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: ; 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: Tomas Armendariz vs. James F. Penman, et at - United States District Court Case No. 91-5757 ; Wirth vs. Adams/City of San Bernardino - San Bernardino Superior Court Case No. 251346; Ibrahim vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 02148 ; Petre vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 261575; Cook vs. Carousel Mall - Los Angeles Superior Court Case No. BC 084833 ; Wheeler vs. Little League Baseball , et al - San Bernardino Superior Court Case No. 264422 . END OF CLOSED SESSION 2 09/07/93 RECONVENE MEETING - 9: 00 A.M. ROLL CALL PRESENT: ABSENT: INVOCATION: yL �`rvVYrL!T r��'/�. �� ✓l L/� C�-f; �� di (C,tl.,�LtiG�L ��C PLEDGE: /2 .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. ) k/4 . Appointment/Presentations. Council Member Miller: Appointment -- Police Commission -- Bill_ Lemann (Resume available in the Office of the City Clerk. ) (See Attached) Appointment -- Community Development Advisory Commission -- Susan Feller (Resume available in the Office of the City Clerk. ) (See Attached) MOTION: That the appointments of Bill Lemann to the Police Commission and Susan Feller to the Community Development Advisory Commission, as requested by Council Member Miller, be approved. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 38 be adopted except for , and 3 09/07/93 (Consent Calendar Continued) .j'Waive further reading of all resolutions and ordinances. C-51 MOTION: That further reading of all resolutions and ordinances on the regular, supplemental, and Community Development Commission agendas, be waived. 6. Council Minutes. OTION That the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: June,Z', 1993 (Delivered 6/24/93) , �T June 21, 1993 (Delivered 8/25/93) C August 9, 1993 (Delivered 8/25/93) July 19, 1993 (Delivered 9/3/93) 7 . Proposed staffing changes in City Administrator's Office. (See Attached) OTION: "\ That the classification of Employee Transportation #1 Coordinator be deleted; that the classification of Administrative Analyst in the Office of the City Administrator be established at Range 4357 ($2 , 632 - $3 , 199/month) and that the job description be referred to Civil Service for review; that the City Administrator be authorized to reduce the hours and salary of the Assistant to the City Administrator to 25 hours per week with the understanding that the position will receive no benefits other than PERS, as required for part-time employees; and OTION That the Director of Personnel be authorized to 12 i update Resolution Nos. 6413 and 6433 to reflect the -// above actions. 4 09/07/93 (Consent Calendar Continued) i ' . Authorization to advertise for bids for park maintenance 8 � services at five locations. (See Attached) MOTION That the Purchasing Agent be authorized to advertise for bids for landscape maintenance _. services for the five locations noted in the attached staff report; and ,/MOTION:' That the City Administrator be authorized to #2 �' transfer funding in the amount equal to the 6 recommended low bid for landscape maintenance —t1k, services from Park Maintenance Regular Salaries (001-382-52020) to Landscape Maintenance Services (001-382-53110) . 9 . Approval to refund park development fees in the amount of $3 , 387. 32 to Northpark San Bernardino Ltd. , due to overpayment of fees paid for residential development on lots 6 - 25 on Tract No. 10352-2 . (Cost to City -- $3,387 .32 from Park Cons ction Funds. ) (See Attached) /7C�I f7CGf Cwt/e%.� . 'MOTION That refund of Park Development Fees in the amount / h 196 ���F�3, of $3 , 387 . 32 to Northpark San Bernardino, Ltd. , due / to overpayment of fees paid for residential development on lots 6 - 25 on Tract No. 10352-2 , be approved. 10. Establish salaries for Police Department Ranges P-1, P-2 , P-3 , and Law Enforcement Trainee, effective August 1, 1993 . (Cost to City -- $210,084. 00 from General Fund. ) (See Attached) MOTION: That the salaries for Police Department Ranges P-1 #1 (Police Officer) , P-2 (Detective/Training Officer) , P-3 (Sergeant) , and Law Enforcement Trainee be established, effective August 1, 1993 , as outlined in the attached staff report; and MOTION: That the Personnel Department prepare an amendment #2 to Resolution No. 6429 and 6413 , Section 13 . 5 09/07/93 (Consent Calendar Continued) 11. Establish salaries for Police Department Ranges P-4 , P-5, P-6 and P-7, effective August 1, 1993 . (Cost to City -- $9,102 .00 from General Fund) (See Attached) /MOTION: , That the salaries for Police Department Ranges P-4 #1 i (Police Lieutenant) , P-5 (Police Captain) , P-6 (Assistant Chief of Police) , and P-7 (Chief of Police) be established, effective August 1, 1993 , as outlined in the attached staff report; and MOTION: That the Personnel Department prepare an amendment #2 to Resolution No. 6429 . -- ; 'h' 12 . Establish salaries for Fire Department Ranges P-1, P-2 , P-3 , P-4 and Fire Fighter Trainee, effective August 1, 1993 . (Cost to City -- $46,588.00 from General Fund. ) (See Attached) 11OTION: That the salaries for Fire Department Ranges P-1 #1 (Fire Fighter) , P-2 (Paramedic/Fire Fighter) , P-2 (Fire Investigator) , P-3 (Fire Engineer) , P-4 (Fire Captain) , and Fire Fighter Trainee be established, effective August 1, 1993 , as outlined in the attached staff report; and /MOTION, That the Personnel Department prepare an amendment #2 to Resolution No. 6429 and 6413 , Section 13 . 13 . Establish salaries for Fire Department Ranges P-5, P-6 and P- 7, Fire Marshal and Training Officer, effective August 1, 1993 . (Cost to City -- $27,596.00 from General Fund. ) (See Attached) /f+IOTION: That the salaries for Fire Department Ranges P-5, #1 / (Battalion Chief) , P-6 (Deputy Fire Chief) , P-7 -- (Fire Chief) , Fire Marshal, and Training Officer be established, effective August 1, 1993 , as outlined l in the attached staff report; and MOTION;, That the Personnel Department prepare an amendment #2 ,! to Resolution No. 6429 . 6 09/07/93 (Consent Calendar Continued) 14 . Approve transfer of funds -- $15, 000 . 00 -- Construction of drainage improvements -- Evans Street and "I" Street. (Cost to City -- $15,000. 00 from Storm Drain Construction Fund. ) (See Attached) Ward 1 0 MOTION:,. That the transfer of $15, 000 from Account No. 248- --- _ -57847 "Drainage Improvements to Chestnut Creek �--_� 368 g P Storm Drain, " to Account No. 248-368-57885, t_ "Drainage Improvements, Evans Street & "I" Street, be approved. 15. % Request waiver of requirement to connect to City's sewer system -- Conversion of single family house to office use -- ���p/l /oltw South side of Highland Avenue, 700' west of Macy Street. (See Attacb.pd) Ward 6 Stt/fit/xzr j TIO�N: �I That Sewer Waiver Request No. 93-2 , for conversion -�? �17 of a single family residence to office use on existing lots of record located on the south side of Highland Avenue, 700 feet west of Macy Street (APN 269-021-0405) , requesting a waiver of the requirement to connect to the City's sewer system, be approved. 16. Approval of plans and authorization to advertise for bids -- _i Installation of Master Plan Storm Drain for Small Canyon, from Atlantic to Highland Avenue, per Plan No. 8990. (Cost to City 300,000.00 from Storm Drain Construction Fund) (See Att':4d) Ward 4 MOTION;' That the plans for installation of the Small Canyon Master Plan Storm Drain, from Atlantic Avenue to Highland Avenue, in accordance with Plan No. 8990, be approved; and that the Director of Public Works/City Engineer be directed to advertise for bids. 17 . Approval of plans and authorization to advertise for bids -- Installation of storm drainage improvements to Chestnut Avenue Storm Drain, per Plan No. 8986. (Cost to City -- $34,800.00 from Storm Drain Construction Fund. ) (See Attached) Ward 5 MOTION: That the plans for installation of storm drainage � improvements to the Chestnut Avenue Storm Drain, in accordance with Plan No. 8986, be approved; and that the Director of Public Works/City Engineer be directed to advertise for bids. 7 09/07/93 (Consent Calendar Continued) i 18 . Approval of plans and authorization to advertise for bids -- Installation of sewer main in Orange Show Road, from Waterman Avenue to East Twin Creek Channel, per Plan No. 8988 . (Cost to City -- $282,000. 00 from Sewer Line Construction Fund. ) (Seached) Wards 1 & 3 MOTION• That the plans for installation of an intercepting sewer in Orange Show Road, from Waterman Avenue to the Santa Ana River, in accordance with Plan No. 2 8988, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. G 19 . 1 Approval of plans and authorization to advertise for bids -- Retrofitting lighting in City Hall, per Plan No. 8987 . (Cost to City -- $151,000.00 from General Fund) (See Attached) Ward 1 MOTION• That the plans for retrofitting the lighting in City Hall, in accordance with Plan No. 8987, be approved; and that the Director of Public Works/City Engineer be directed to advertise for i bids. 20. Claims and Payroll. (See Attached) �OTIONi That the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated August 30, 1993 from the Director of Finance, be approved. G� Personnel Actions. (See Attached) C' CMOJTION*. That the personnel actions submitted by the Chief Examiner, dated August 19, 1993 , in accordance with LA-1 Civil Service Rules and Personnel Policies adopted �✓" by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. 8 09/07/93 RESOLUTIONS MOTION: That the following resolutions be adopted. !� Facilities Management 22 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 (abandon vehicles) . (See Attached) Finance 23 . A resolution of the City of San Bernardino, establishing, the appropriation limit for the fiscal year 1993/94 for the City of San Bernardino in accordance with the provisions of Division 9 of Title 1 of the California Code, and repealing Reso tion No. 93-249 . (See Attached) 3 Parks, Recreation & Community Services 24 . Resolution of the City of San Bernardino approving a sublease agreement with the San Bernardino Art Association and repealing Resolution No. 93-112 . (See Attached) Cq1 Police 25. Resolution of the City of San Bernardino ratifying a Memorandum of Understanding with the San Bernardino City Unified School District relating to the reimbursement of funds for a Drug Abuse Resistance Education (D.A.R.E. ) program officer provided by the San Bernardino Police Department. (Cost to City -- $62,400 from General Fund, 50% reimbursed by City Sch ols. ) (See Attached) �l Public Services 26 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 the abatement. (Weed Abatement) (See Attached) 9 09/07/93 (Consent Calendar Continued) j ley. Public Services, Cont. / 27 . A resolution of the Mayor and Common Council of the City of San Bernardino, California, establishing a Commercial Greenwaste _Recycling Pilot Program. (See Attached) Public Works/Engineering 28. ; Resolution of the City of San Bernardino amending Resolution amh,nr, No. 8234 entitled, in part, "A resolution. . . establishing �� parking time limitations upon certain designated streets, alleys, or portions there. . . ; " and authorizing the uJry� implementation of a two-hour parking limitation on Orange Show Lane between X�XXiBkXX� XkXX �X�X►A1X (Cost to City -- $700 from General Fund. ) -" Attache Ward 3 Rio la e: rowhead Avenue and three-hundred and sixty-five feet west of Arrowhead Avenue, applicable to the north side only. corrected res. delivered by admin late Fri p.m. 29 . Resolution of the City of San Bernardino amending Resolution /'No. 655 entitled, in part, "A resolution. . . designating certain streets or portions thereof as through highways. . . ;" and providing that La Praix Street is a through highway at its intersection with Buckeye Street. (Cost to City -- $150 from General Fund. ) See Attached) Ward 4 3 30 . ! Resolution of the City of San Bernardino accepting the modified determination of fair market value of the land located on the northwest corner of 40th Street and Acre Lane, in the City of San Bernardino, California, certifying the work of the appraiser and authorizing payment in the amount of twenty-three thousand two hundred ninety-eight dollars ($23 , 298) for the purchase of said land. (Cost to City -- $23,298.00 from 1/2 Cent Sales Tax Fund. ) (See Attached) Ward 4 10 09/07/93 (Consent Calendar Continued) Public Works/Engineering, Cont. 31. Award contract with Sully-Miller Contracting Company for installation of street improvements on University Parkway from College Avenue to Kendall Drive. (Cost to City -- $145,000.00 from 1/2 Cent Sales Tax Fund - Local. ) (See Attached) Ward 5 Resolution of the City of San Bernardino awarding a contract to Sully-Miller Contracting Company for street improvements on University Parkway from College Avenue to Kendall Drive. MOTION: That the transfer of $25, 000, from Account No. 129- , 309-57838 , "South "E" Street, from Orange Show Road to Mill Street, " to Account No. 129-309-57287, cc�� "University Parkway, from College Avenue to Kendall " b Drive, " be approved; and MOTION: That said resolution be adopted. Purchasing 32 . E Resolution of the City of San Bernardino authorizing the execution of an agreement between the City of San Bernardino and Darrel Barbarick/D&J Discing relating to discing of vacant properties for weed abatement purposes. (Total cost to City -- � �,0 $150,000.00 from General Fund--agenda items 32 & 33. ) Attached) } 33 . ,/ Resolution of the City of San Bernardino authorizing the i execution of an agreement between the City of San Bernardino and H&H Enterprises, relating to discing of vacant properties for weed abatement purposes. (See Attached) 34 . 1 Resolution of the City of San Bernardino awarding a purchase / order to Nixon-Egli Equipment Company for the furnishing and delivery of two (2-) each, str t sweepers, to be utilized by --- the Public Services/Street Depa tment in accorda-Mc`e with Bid Specification F-93-22 . (Cost t -City $277 , 623 . 18 from Str�aet''Sweeper }F^und. ) (See Attached) Y,� UL 1--L/rIt/L, z7 d I J 11 09/07/93 (Consent Calendar Continued) Purchasing, Cont. 35. Resolution of the City of San Bernardino awarding a Schedule 8 addendum to Lease Purchase Agreement Number 108 to MLC Group Inc. for the financing of two (2) each, street sweepers, to be utilized by the Public Services/Street Department in accordance with Bid Specific F-93-22 . (See Attached) �'� Water 36. 1 A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the quitclaiming of any right, title or interest in and to an unlocated pipe line easement as reserved to Muscoy Water Company in Deed recorded July 21, 1948 in Block 2265, Page 120, Official Records. (See ' Attached) y/3 ORDINANCES - FINAL READING MOTION: That the following ordinances be adopted. C37 . 1' An ordinance of the City of San Bernardino amending Section (� 2 . 58 . 010, Subsection A, of the San Bernardino Municipal Code `� relating to the times of regular meetings of the Mayor and Common Council. (See At 7d) &8. "' An ordinance of the City of San Bernardino amending Sections 5.82 . 030 and 5. 82 . 050 of the San Bernardino Municipal Code relating to Business Operator's Permits. (See Attached) Ile Y'S r � e u P 4 j I Petv END OF CONSENT CALENDAR G' / 12 09/07/93 PUBLIC HEARINGS t * Public hearings scheduled for a time certain 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. 39 . Public hearing -- Impose 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 hearing be closed; and that said 1 resolution be adopted. TO BE HEARD AT 10:00 A.M. 40. Public hearing -- Increase sewer service charge within and outside the City of San Bernardino. (See Attached) Resolution of the City of San Bernardino fixing and establishing charges for services and facilities furnished by the City sewerage collection and treatment system located inside the incorporated territory of the City; providing that users located outside the incorporated territory of the City may receive sewer services; authorizing the Director of Public Works/City Engineer to execute agreements for users located outside the incorporated territory of the City subject to certain terms and conditions; and repealing Resolution No. 91- 361. Mayor to open the hearing . . . MOTION: That�-the' hearing "L �cloqjed4— that said �r,e�olution be adopted. 13 09/07/93 (Public Hearings Continued) TO BE HEARD AT 10:00 A.M. 41. Public hearing -- Expansion of CATV users tax to include a video users tax. (See Attached) An ordinance of the City of San Bernardino amending Section 3 .44 . 040 of the San Bernardino Municipal Code expanding the CATV users tax to a video users tax. May.ox t� open the hearing . . . MOTION: ` That the hearing be closed; and that said ordinance be laid over for final adoption. '�) q TO BE HEARD AT 10:00 A.M. 42 . General Unit Employees' Negotiations - Impasse hearing. (See Ile Attached) Mayor to open the hearing . . . r,�} MOTION: That the hearing be closed; and that the c }�z�-�--- City's Last, Best 3 f y and Final offer.�C� -CX-b 4/0 14 09/07/93 CONTINUED ITEMS CONTINUED FROM AUGUST 2 & 16, 1993 43 . Suggestion by City Treasurer David Kennedy to create a Human Relations Commission. (Backup material was originally distributed on July 6, 1993, Item No. 41. New Staff Report distributed on August 2, 1993, Item No. 37 ; Ordinance received its first reading on August 16, 1993. ) (Cost to City -- $27,468 from General Fund. ) (See Attached) An ordinance of the City of San Bernardino adding Chapter 2 .45 to the San Bernardino Municipal Code establishing a Human Relations Commission. MOTION: That fundq_s--f-o-fr—this p gram be located__-th-rotigh the #1 budge alancing proces'k, ,� - and MOTION: That 1d ordince be ed. #2 CONTINUED FROM AUGUST 2 , 1993 �j 44 . Fiscal Y ar�1993/94 Budget Review. 7 CONTINUED FROM AUGUST 16, 1993 45 . Resolution of the City of San Bernardino amending Resolution No. 93-205 entitled in part to read "Resolution of the City of ^, San Bernardino making application to the Local Agency Formation Commission of the County of San Bernardino for the annexation of the territory located southwesterly of Cajon Boulevard and southeasterly of Devore Road" by amending Exhibit "A" and Exhibit "C" . ( See Attached ) Wards 5 & 6 MOTION: That said resolution be adopted. y/7 15 09/07/93 i RESOLUTION Public Works/Engineering 46. Resolution of the City of San Bernardino determining the amount of property tax revenues to be exchanged between and among the City of San Bernardino and the County of San Bernardino, resulting from the jurisdictional change described by LAFCO 2758, for the area generally located southeasterly of Devore Road, southwesterly of Cajon Boulevard. (See Attached) Ward,�� MOTION: That said resolution be adopted. /I STAFF REPORTS 47 . Request funding -- $18 , 700. 00 -- 7th Annual Mexican Independence Day "Castillo" celebration -- September 15, 1993 Z� � -- and waiver of applicable City fees -- Casa Ramona, Inc. (See Attached) MOTION: That the request for funding of the Casa Ramona # "Castillo" in the amount of $ be approved; iz, 95u and MOTION: That fees for City services associated with the #2 "Castillo" be waived. 48 . Request for waiver of fees -- $465. 00 for rental of bleachers YMCA. (See Attached) MOTION: That the request to waive fees for rental of #1 bleachers by the YMCA in the amount of $465. 00, be �I denied. or MOTION: That the request to waive fees for rental of #2 bleachers by the YMCA in the amount of $465. 00, be J approved. 16 09/07/93 49 . Request re-hearing -- Mayor and Common Council decision upholding denial of issuance of operating permit by Police Department -- Desert Inn Motel . (See Attached) MOTION: That the request for a re-hearing of the Mayor and #1 Common Council's decision o uphold the decision of the Police Chief and Polic Comm ission.---td"-deny an ir57 operating permit to the 'Desert-'Inn Motel, be denied. z�9 3 �.CS�ryf7� or MOTION: That the Mayor and _Common Council approve the #2 request by the Desert Inn M el for a re-hearing of their decision upholding t e Chief of Police and �1 Police Commission's denial of an operating---permit I , and set a public hearing fo Septe er- 2-0, 1993 at 1� 10:,00 a.m. , to hear only addit ' nal testimony that �ZC has not been previously submitted. C� o 50. Proposed settlement -- Southland Surveying, Inc. -- Survey services for widening South "E" Street Bridge. (See Attached) o•� /�&°. !; i S Ward 3 MOTION: That the proposed settlement by Southland Surveying, Inc. , .fo-r pr- iding survey services for �/�5 5G Z�c widening th outh "E" St eet Bridge -1 e Santa Ana Rive , in the amount o $5, 000, 00'as payment in ���`� full r the balance of $8, 205'.-00 for their claim fo extra work, be rejected. � LIZI C 17 09/07/93 51. Request adoption of joint City/Economic Development Agency/San Bernardino Downtown Business Association, Inc. resolution relative to downtown revitalization -- Sam Catalano, Downtown Business Association, Inc. (See Attached) Joint resolution of the Mayor and Common Council of the City of San Bernardino, the Community Development Commission of the City of San Bernardino, and the San Bernardino Downtown �J,j�1t5l�esz Business Association, Inc. , placing the highest priority on revitalizing downtown San Bernardino by implementing the San 7"9,2 Bernardino Downtown Plan to enhance downtown as the functional an olic center of the City of San Bernardino. \ MOTION: ' That said resolution be adopted. 1 � �r l t� \1 18 09/07/93 MAYOR AND COMMON COUNCIL CITY OF SAN BERNARDINO RECONVENE MEETING PLANNING MATTERS TUESDAY, SEPTEMBER 7 , 1993 - 2 : 00 P.M. ROLL CALL PRESENT: ABSENT: TO BE HEARD AT 2 :00 P.M. 52 . Initiate Development Code Amendment -- Multi-tenant Center Signage. (See Attached) MOTION: That Planning staff be directed to prepare a Development Code Amendment to identify options for business identification signage in multi-tenant centers. 53 . Adjournment. MOTION: That the meeting be adjourned. 19 09/07/93 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 comments 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. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. 20 9/7/93 SUPPLEMENTAL AGENDA SEPTEMBER 7 , 1993 S-1 Set impasse hearing -- Mid-Management Employees Negotiations a.m. -- September 20, 1993 . (See Attached) NOTION-) That an impasse hearing on the contract with the ,d�os1e / Mid-Management Employees be scheduled at 10: 00 lD �f a.m. , September 20, 1993 . 77 6 S-2 Request to replicate City seal in connection with manufacture of "POGS" for sale at Route 66 Rendezvous -- Dan Propp, Hot Spots, Inc. (See Attached) 7 S-3 Request for City Attorney to provide research and analysis. (See Attached) MOTION: That the City—Attorney directed to provide #1 research,-and analysis reque ,ted by Council" Member Herna-ndez ; or IA MOTION: That the _request to the 0ty�ney be narrowed #2 into-specific documents. 1 9/7/93 S-4 Request waiver of fees -- estimated at $961, for the fiestas to be held at La Placita Park -- Seventh and Mt. Vernon -- Friday - Sunday, September 17 through 19, 1993-- Sponsored by the Hispanic Chamber of Commerce in observance of Mexican Indepece Day. C&- I i 2 9/7/93 i RACHEL CLARK (AGENDA) CITY CLERK AGENDA 2ND FLOOR MAYOR AND COMMON COUNC.� AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO "September 7, 1993 - 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 t MOTION: That the motions indicated by Consent Calendar items numbered 1" through "13 be adopted, except for items numbered: 1. COMMUNITY DEVELOPMENT COMMISSION MINUTES (Community Development Commission) 'MtOTION: That the minutes of the Community Development Commission of the City of San Bernardino for the meetings of August 9, 1993 and August 16, 1993, be � " approved as submitted in typewritten form. --------------- --------------- ---------------------------------------------------------------- REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-9r1 1 Date: September 7, 1993 2. REDEVELOPMENT COMMITTEE MINUTES (Community Development Commission) :\MOTION: That the minutes of the Redevelopment Committee of the City of San _ Bernardino for the meeting of August 19, 1993, be received and filed. Public Works Department 3. AUTHORIZATION TO EXECUTE LICENSE AGREEMENT -INSTALLATION OF SUPPORTS FOR CANOPY -JERSEYS SPORTS GRILL AND BILLIARD CLUB (Mayor and Common Council) COTION RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AND AGREEMENT WITH JERSEYS SPORTS eb� GRILL AND BILLIARD CLUB, AT 440 WEST COURT STREET, RELATING TO THE INSTALLATION OF SUPPORT POLES WITHIN tHE PUBLIC SIDEWALK. --------------- --------------- 4. AWARD OF CONTRACT - RE-ROOFING YWCA BUILDING, PER PLAN NO. 8941 - ROY O. HUFFMAN ROOF COMPANY (Mayor and Common Council MOTION: RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ROY O. HUFFMAN ROOF COMPANY FOR RE-ROOFING Z/ YWCA BUILDING AT 567 NORTH SIERRA WAY. --------------- --------------- ---------------------------------------------------------------- REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-9r1 2 Date: September 7, 1993 5. APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS - INSTALLATION OF DIAGONAL PARKING ON "E" STREET FROM 2ND STREET TO 6TH STREET PER PLAN NO 8985 (Community Development Commission) MOTION:` That the plans for installation of temporary improvements for diagonal parking on "E" Street, from Second Street to Sixth Street, in accordance with Plan No. 8985, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. --------------- --------------- 6. APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS - INSTALLATION OF LANDSCAPING IN WATERMAN AVENUE MEDIAN, PER PLAN NO. 8966 (Community Development Commission) MOTION:) That the plans for installation of landscaping and irrigation system, in the curbed median in Waterman Avenue, from Santa Ana River to Mill Street, in accordance with Plan No. 8966, be approved; and the Director of Public C3 14 Works/City Engineer be authorized to advertise for bids. --------------- --------------- 7. CONTRACT CHANGE ORDER NO. 6 -IMPROVEMENTS TO DELMANN HEIGHTS COMMUNITY CENTER, PER PLAN NO. 8890 — KIRKLEY DEVELOPMENT. INC. (Mayor and Common Council MOTION. That Change Order No. 6 to the contract with Kirkley Development, Inc., for the - improvements to Delmann Heights Community Center, in accordance with Plan No. 8890, be approved, to authorize the Contractor to remodel the existing rest rooms, at an increase in the contract price of$56,960.00, from $566,391.75 to $623,351.75. --------------- --------------- ---------------------------------------------------------------- REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-9r1 3 Date: September 7,1993 Development Department 8. THE MILLENNIUM SENIOR HOUSING PROJECT (Community Development Commission) MOTION: ; That the Community Development Commission approve a Satisfaction and Termination Agreement between the Redevelopment Agency, Cliff Carel and Associates and Escrow Funding Service, reimburse Cliff Carel and Associates l the original $10,000 dollar "good faith" development deposit plus interest in the amount of$6,600 for a total of$16,600.00 and authorize the Chairman and Executive Director to execute any documents necessary to effectuate said transaction. --------------- --------------- 9. SAN BERNARDINO CIVIC LIGHT OPERA (Community Development Commission) MOTION: That the Community Development Commission approve Amendment Number One (1) to the Disposition and Joint Development Agreement between the Redevelopment Agency and the San Bernardino Civic Light Opera Association and approve a loan in the amount of$200,000. Further, that the Chairman and Executive Director be authorized to execute all documents in connection with said transaction. / 7 C, 7 �—J L"t.,�tit c��Yl Lt,l gel Q ( C � --------------- --------------- 10. FY 1993/1994 COMMUNITY DEVELOPMENT BLOCK GRANT CDBG AGREEMENTS BETWEEN THE CITY AND SUBRECIPIENTS (Mayor and Common Council MOTION A: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF �1 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, INC. --------------- --------------- ---------------------------------------------------------------- REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-9r1 4 Date: September 7, 1993 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 BETWEEN THE CITY OF SAN BERNARDINO AND BETHLEHEM HOUSE PROJECTS, INC. --------------- --------------- MOTION C: 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 BETHLEHEM HOUSE PROJECTS, INC. MOTION D: 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 3 BETWEEN THE CITY OF SAN BERNARDINO AND MARY'S MERCY CENTER, INC. --------------- --------------- MOTION E: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A C3-000MMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LUTHERAN SOCIAL SERVICES OF SOUTHERN CALIFORNIA. --------------- --------------- MOTION F: 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 MENTAL HEALTH ASSOCIATION OF SAN BERNARDINO COUNTY. --------------- --------------- MOTION G: 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 `f BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO SEXUAL ASSAULT SERVICES, INC. --------------- --------------- ---------------------------------------------------------------- REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-9rl 5 Date: September T, 1993 11. EMBLEM DEVELOPMENT (Community Development Commission) MOTION: That the Community Development Commission approve the revised Emblem Development financial assistance proposal and Owner Participation Agreement (OPA) to effectuate construction of fifty-nine (59) high-quality single-family }� detached homes and authorize the Chairman and Executive Director to execute any document necessary to effectuate said transaction. - --------------- --------------- 12. CENTRAL POLICE STATION - FINANCING (Mayor and Common Council) MOTION: That the Mayor and Common Council direct staff to prepare the necessary documents and resolutions to provide for Certificates of Participation financing for the new Central Police Facility in an amount sufficient to provide for construction and furnishing of the facility. --------------- --------------- 13. IMPLEMENTATION OF PROPOSED ADJUSTED WORK WEEK SCHEDULE (Community Development Commissionl MOTION: That the Community Development Commission adopt a synchronized 9180 adjusted work week schedule for the Economic Development Agency and authorize the Agency to publicize the new work schedule, administer the process and begin implementation September 27, 1993 for a period of three months through December 31, 1993 with subsequent findings and conclusions of the conversion trial period reported to the Commission for further consideration. --------------- --------------- ---------------------------------------------------------------- REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-9rl 6 Date: September 7, 1993 14. ECONOMIC DEVELOPMENT AGENCY MANAGEMENT AUDIT (Community Development Commission) MOTION: That the Community Development Commission authorize the Agency ¢ Administrator to enter into a contract for services with•Harvey-W.-4Ru 8- (y7c 1 Aceoarttancy Cor en to perform a management audit of the Economic rul/ern Development Agency for an amount not to exceed $sf�,125. --------------- --------------- ftncy Administration 15. ECONOMIC DEVELOPMENT AGENCY PROCUREMENT POLICY AND PROCEDURES (Community Development Commission) MOTION: That the Community Development Commission reinstate the Economic Development Agency Purchasing Policy and Procedures in effect prior to April 19, 1993. --------------- --------------- END OF CONSENT CALENDAR Public Works Department 16. AUTHORIZATION TO PREPARE PLANS -CONSTRUCTION OF MT. VERNON AVENUE ST R DRAIN -� (Community Development Commission) MOTION! That the Director of Public Works/City Engineer be authorized and directed to have plans prepared for construction of the Mt. Vernon Avenue Master Plan Storm Drain, from the East Branch Lytle Creek Channel and Medical Center I Drive to Mt. Vernon Avenue at Base Line Street. --------------- --------------- ---------------------------------------------------------------- REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-9r1 7 Date: September 7, 1993 Development Department 17. PRECONSTRUCTION AND GENERAL CONTRACTOR SERVICES _NEW POLICE FACILITY (Community Development Commission) 1y1 ; ,`e Ife vek So A' MOTION: That the Community Development Commission designate as the apparent lowest responsible bidder and direct staff to negotiate and return r J for Commission review and authorization a contract for general contracting services. --------------- --------------- 18. UNIVERSITY VILLAGE ASSISTANCE REQUEST (Community Development Commission) MOTION:// That the Community Development Commission consider possible Agency 1 assistance to Camden-Developme Ltd., in support of its proposed retail development loeated in the State Co ge in Area;together with a review of fundingal(ocations and resources. R --------------- -------------- ` V Council Office 19. ADMINISTRATIVE ASSISTANT TO COUNCIUCOMMISSION (Mayor and Common Council) (Councilman Hernandez's Recommendation) MOTION A: That the Mayor and Common Council establish the position of Administrative Assistant to the Council/Commission. --------------- --------------- (Community Development Commission) MOTION B: That the Community Development Commission appropriate sufficient funds from the FY 93/94 EDA budget to fund the newly-established position of Administrative Assistant to the Council/Commission. ------------------------------------------------------------ REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-9r1 8 Date: September 7, 1993 (Mayor and Common Council MOTION C: That the Mayor and Common Council establish the salary for said position from $3117 per month to $3789 per month. --------------- --------------- MOTION D: That the Mayor and Common Council hire Mr. Kenneth Johnston, effective September 16, to fill said position at Step 3. --------------- --------------- MOTION E: That the Mayor and Common Council assign Mr. Johnston to the Council Office under the direct supervision of the Council Executive Assistant.. --------------- --------------- CLOSED SESSION 20. 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. --------------- --------------- -------------•------------------------------------------------- REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-9r1 9 Date: September 7, 1993 21. ADJOURNMENT MOTION: That the meeting of the Mayor and Common Council/Community Development Commission be adjourned to Monday, September 20, 1993 at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. -------------- -------------- ---------------------------------------------------------------- REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-Srl 10 Date: September 7, 1993 RACHEL CLARK CITY CLERK ` 2ND FLOOR SUPPLEMENTAL AGENDA MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO "September 7, 9993 - 11:00 a.m." (Regular Meeting) Council Chambers, City Hall ----------------------------------------------------------------- CALL TO ORDER: ROLL CALL: PRESENT: ABSENT: ----------------------------------------------------------------- / RS-1. AWARD OF CONTRACT - PLATT BUILDING DEMOLITION AND ASBESTOS ABATEMENT/REMOVAL t (Mayor and Common Council MOTION A: That the Mayor and Common Council authorize and direct the Executive Director to negotiate and execute a contract with the apparent low bidder- LDL Engineering, Inc. for the demolition and asbestos abatement/removal at the Platt Building in the amount of$181,000, plus 15% (fifteen percent) contingency (total not to exceed $208,150). ----------------- ----------------- Ma or and Common Council MOTION B: That the Mayor and Common Council authorize and direct the Executive Director to execute all necessary documents related to the demolition and asbestos abatement/removal of the Platt Building. ----------------- ----------------- ---------------------------------------------------------------- REGULAR MEETING COMMISSION SUPPLEMENTAL AGENDA KJH:Imp:supp-9r1 1 Date: September 7, 1993 CLOSED SESSION RS-2. ADJOURNED 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. ------------- -------------- END OF CLOSED SESSION --------------------- RS-3. ADJOURNMENT MOTION: That the meeting of the Mayor and Common Council/Community Development Commission be adjourned to Monday, September 20, 1993, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. -------------- -------------- ---------------------------------------------------------------- REGULAR MEETING COMMISSION SUPPLEMENTAL AGENDA KJH:Imp:supp-9r1 2 Date: September 7, 1993