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HomeMy WebLinkAbout10-04-1993 Reg Mtg Agenda AGENDA REGULAR MEETING MAYOR AND COMMON COUNCIL CITY OF SAN BERNARDINO MONDAY, OCTOBER 4 , 1993 - 8 : 00 A.M. COUNCIL CHAMBERS CALL TO ORDER ROLL CALL PRESENT: /�. 2, 3 ,1/ S �./rlo2,��'��Uy, �. e6/f�',� ABSENT: C 7 J d':02 .'D,4/ 6�--� 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 10/4/93 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 al - United States District Court Case No. 91-5757; Brenda Walker vs. City of San Bernardino, et al - United States District Court Case No. 91-5239 LHM (JRx) ; E.L. Yeager vs. City of San Bernardino - Office of Administrative Hearings Arbitration Case No. A-0024-92 ; Julie Thompson vs. City of San Bernardino - United States District Court Case No. 92-888 GLT (RWRx) . END OF CLOSED SESSION Y ,17 2 10/4/93 RECONVENE MEETING - 9: 00 A.M. ROLL CALL PRESENT: / �- `� S °�✓. �� i ABSENT: INVOCATION: PLEDGE: 7 t/2 . Announcements by Mayor and Council. 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. Advisory Commission on Water Policy -- Member -- Mayor Minor (See Attached) Advisory Commission on Water Policy -- Alternate Member-- Council Member Negrete (See Attached) MOTION: That the recommendation to appoint Mayor Tom Minor as a member representative to the Advisory 03 4- Commission on Water Policy; and Council Member Edward "Eddie" Negrete as an alternate member to the Advisory Commission on Water Policy, be approved. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 24 be adopted except for 45- , and 3 10/4/93 (Consent Calendar Continued) 5. Waive further reading of all resolutions and ordinances. 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: July 6, 1993 (Delivered on 9/30/93) August 16, 1993 (Delivered on 9/20/93) 7. Set annual public meeting and public hearing -- 4th Monday of May and 4th Monday of June each year to hear comments and protests relative to increased annual special assessments. (See Attached) 0114 MOTION: -fit-. s ant-to-new changes to the Brown---Act-j- the City Council m conduct two (2) annual special meetings to hear comments and protests relative to q increased annual special assessments , such meetings to commence at 10: 00 a.m. on the 4th Monday of May and the 4th Monday of June each year. 8 . Approval of plans and authorization to advertise for bids-- installation of guardrail on Palm Avenue to City Creek. (Cost to City $206,000 from Street Construction Fund. ) (See Attached) Ward 1 "MOTION: That the plans for installation of guardrail on Palm Avenue at City Creek, in accordance with Plan No. 90041 be approved; and that the Director of Public Works/City Engineer be authorized to Jadvertise for bids. 4 10/4/93 (Consent Calendar Continued) 9 . Claims and Payroll. (See Attached) �MOTION/ That the claims and payroll, and the authorization _� to issue warrants as listed on the memorandum y�r dated September 28, 1993 from the Director of Finance, be approved. 10. Personnel Actions. (See Attached) MOTION% That the personnel actions submitted by the Chief -- Examiner, dated September 23 , 1993 in accordance #je J$ Ll with Civil Service Rules and Personnel Policies _Zt adopted by the Mayor and Common Council of the Aye - r�� City of San Bernardino, be approved and ratified. `7 7, . L RESOLUTIONS MOTION: That the following resolutions be adopted. Administration 11. Resolution of the City of San Bernardino authorizing the execution of an agreement with San Bernardino Associated Governments to lease four (4) parking spaces in Central City Parking District Lot #3 . (See Attached) Ward 1 9 y3 - 3 (, 7 12 . Resolution of the City of San Bernardino authorizing .the execution of an agreement with Lier Music regarding ten (10) parking spaces in Central City Parking District Lot #1. (See Attac d Ward 1 ? 3 - 3(V ? 5 10/4/93 v t cl A (Consent Calendar Continued) Fire 13 . Resolution of the Mayor and Common Council of the City of San Bernardino approving an agreement with the San Bernardino International Airport Authority for aircraft rescue firefighting services. ��, 73 - 3& 9 Parks, Recreation & Community Services 14 . Resolution of the City of San Bernardino authorizing the preparation and execution of applications and agreements for San Bernardino County Community Services Food Distribution Program at Mill Community Center and repealing Resolution 93-114. ee Attached) Ward 1 �� t � 3 - 370 Personnel 15. 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 an Fire Departments of the City of San Bernardino. y3-372 Public Services 16. Resolution of the City of San Bernardino confirming costs of abatement of public nuisances and imposing liens on certain real property located within the City of San Bernardino for the costs of the abatement. (Weed Abatement) (See Attached) 93 - 37)- 6 10/4/93 (Consent Calendar Continued) 17 . Resolution of the Mayor and Common Council of the City of San Bernardino , California , approving the site identification and description for the Phelan/SBCo Sanitary Landfill facility (Facility Identification #36-AA-0044) . (See Attache q1 q3 - 37;L, 18. Resolution of the Mayor and Common Council of the City of San Bernardino , California , approving the site identification and description for the Barstow/SBCo Sanitary Landfill facility (Facility Identification #36-AA-0046) . (See Attac hed �� � - 73 - 373 19 . Resolution of the Mayor and Common Council of the City of San Bernardino , California , approving the site identification and description for the Yermo/SBCo Sanitary Landfill facility (Facility Identification #36-AA-0047) . (See Attach L��� � 3 -37-Y 20. Resolution of the Mayor and Common Council of the City of San Bernardino , California , approving the site identification and description for the Apple Valley Sanitary Landfill facility (Facility Identification #36-AA-0048) . (See Attached) Cl/ �3 -3 7.5' 21. Resolution of the Mayor and Common Council of the City of San Bernardino , California , approving the site identification and description for the Baker Sanitary Landfill facility (Facility Identification #36-AA-0049) . (See Attached) 1 7 10/4/93 (Consent Calendar Continued) 22 . Resolution of the Mayor and Common Council of the City of San Bernardino , California , approving the site identification and description for the Hesperia/SBCo Sanitary Landfill facility (Facility Identification #36- AA-0050) . --� (See Attached) yI� � 3-3 79 Public Works/Engineering 023 . Resolution of the City of San Bernardino authorizing the execution of a first amendment to agreement with David Evans and Associates (DEA) pertaining to a modification of Task 7 of Exhibit 111" (Environmental Site Assessment) for the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue. (Cost to the City -- $13,588 from Street Constructip Fund. ) (See Attached) Wards 1 & 3 93- 379 024. Resolution of the Mayor and Common Council of the City of San Bernardino noticing a public meeting and a public hearing relative to the formation of Underground Utility District No. 23 , generally located along portions of Orange Show Road and the proposed extension thereof from Arrowhead Avenue to Tippecanoe Avenue. (See Attached) Wards 1 & 3 END OF CONSENT CALENDAR 8 10/4/93 PUBLIC HEARINGS * 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. - CONTINUED FROM SEPTEMBER 7 1993 25. Public hearing -- Increase sewer service charge within and outside the City of San Bernardino. (Backup material was originally distributed on September 7, 1993, Item No. 40) 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 7at the hearing . . . 3/ MOTION: the hearing be closed; and that said resolution be adopted. TO BE HEARD AT 10:00 A.M. 26. Public hearing -- Resolution determining that the public interest and necessity requires the acquisition of certain real property along the north side of 40th Street, west of Acre Lane. (Cost to the City -- $23,298 from 1/2 Cent Sales Tax Fund. ) (See Attached) Ward 4 Resolution of the City of San Bernardino finding and determining that the public interest and necessity requires the acquisition of certain real property in fee for public purposes and all uses appurtenant thereto along the north side of 40th Street, west of Acre Lane. (See next page for motion) 9 10/4/93 i 3, 3 26. Continued. Mayor to open the hearing . . . MOTION: That the hearing allowing owners of property located on 40th Street, west of Acre Lane, the opportunity to appear and be heard relative to Z eminent domain proceedings, be closed; and that said resolution be adopted. rr- 93 - �25 RESOLUTION CONTINUED FROM SEPTEMBER 20, 1993 27. Resolution of the City of San Bernardino approving the transfer of Cable Television Franchise from Chambers Cable of Southern California, Inc. to the Marks Partners, L.P. OTION That said resolution be adopted. 73-3 � 3 CONTINUED ITEMS CONTINUED FROM SEPTEMBER 20, 1993 28 . Appropriate Funds from 1992-93 Barrier Rail Program-- Rialto Avenue Grade Separation over Santa Fe Railway. (Cost to City -- $196,000 from Street Construction Fund) (Backup material was distributed on September 20, 1993, Item No. 8) Ward 3 (See next page for motions) 10 10/4/93 28. Continued. MOTION: That the appropriation of $172 , 635 from the 1992- #1 93 Barrier Rail Program, to finance 88 . 53% of the cost for replacing the obsolete bridge rail on the 3 L� Rialto Avenue Grade Separation over the Santa Fe Railway, be approved, under Account No. 242-362- 57401. and XOTIO That the transfer of $23 , 365 from Account No. 129- �2 000-30405, "Unappropriated Reserve 1/2 Cent / Sales Tax Fund, " to Account No. 242-362-57401, - "Barrier Rail - Rialto Avenue Separation, " be approved. CONTINUED FROM SEPTEMBER 20, 1993 29. Proposed settlement -- Southland Surveying, Inc. -- survey services for widening South "E" Street Bridge. (Backup material was originally distributed September 7, 19931 Item 50. ee Attached) Ward 3 MOTION: That the proposed settlement by Southland Surveying, Inc. , for providing survey services for widening the South "E" Street Bridge at the Santa Vj Ana River, in the amount of $5, 000. 00 as payment gyp` in full for the balance of $8, 205. 00 for their jt�) claim for extra work, be rejected. CONTINUED FROM SEPTEMBER 20 1993 30. Request for deferment of development impact fees -- Spring Mountain Homes Project. (Backup material was originally distributed on September 20, 1993, Item No. 31) Ward 5 (See next page for motion) p� 10/4/93 30. Continued. NOTE: Item was referred to the Legislative Review Committee; however the LRC meeting was cancelled, and therefore the matter must be continued for two weeks. NOTION: That the request for deferment of development impact fees--f-or--the Spring Mounta 'n Homes Project be co nued to e next uncil Meeting on V Octo r 21, 1993 . 4 L,Q� STAFF REPORTS 31. Request by Council Member Hernandez -- to reconsider initiation of a development code amendment -- offsite ABC license requirements. (See Attached) (Backup material was originally distributed on September 20, 1993, Item No. 39-- Notion failed) (9h 32 . Request by Council Member Hernandez -- to reconsider action -- Appeal of Planning Commission' s denial of Conditional Use Permit No. 93-01. (See Attached) (Backup material was originally distributed on September 20, 1993, Item No. 38-- Appeal denied) 12 10/4/93 (Staff Reports Continued) 33 . Appointment of employees to positions within the Council Office -- recommendation of Council Member Curlin. NOTION: T effective January 1, 1994 , all appointments of a loyees within the Council Office for positions ving at large, will be subject to L/ .11 unanimous appro of the Council. Any employee �� appointed to a posits to serve an individual Council Member, rather than e Council at large, I° will require the vote of the ected Council � o Member and at least three other Council--.Members, unless vetoed by the Mayor; in which case aid appointment will require a total of five votes. �3 13 10/4/93 MAYOR AND COMMON COUNCIL CITY OF SAN BERNARDINO RECONVENE MEETING PLANNING MATTERS MONDAY, OCTOBER 4 , 1993 - 2 : 00 P.M. nn __ ROLL CALL PRESENT: G� �aAlu.Z, .3 ABSENT: A : 6 'y TO BE HEARD AT 2:00 P.M. - CONTINUED FROM AUGUST 2. 1993 34 . Appeal - Planning Commission's denial of Tentative Tract No. 14473/Conditional Use Permit No. 92-16 and Tentative Tract No. 14949 (Extension of Time) -- north side future Verdemont Drive. (Backup material was originally distributed on July 6, 1993, Item No. 50, new staff report attached) Ward 5 Applicant/Appellant: Bonadiman Engineers Owner: Vemon Ltd. Location: Ward 5. The site is located on the north side of future Verdemont Drive , approximately 200 feet east/southeast of the termination of Magnolia Avenue. Staff recommendation: That the Mayor and Common Council uphold the appeal and approve the extension of time for Tentative Tract No. 14949 until February 4 , 1994 , based on the attached findings of fact (Exhibit 7) and subject to the attached conditions of approval (Exhibit 8) and refer Tentative Tract 14473 and Conditional Use Permit No. 92-16 back to the Development Review Committee for review and final action. Planning Commission recommendation: Denied Tentative Tract No. 14473/Conditional Use Permit No. 92-16 and Tentative Tract No. 14949 (Extension of Time) , based on the findings of fact contained in the Planning Commission Staff Reports for the July 6, 1993 Council Meeting. VOTE: Ayes: 6. Nays: 0. Absent: 4 . Mayor to open the hearing . . . (See next page for motion) ' 14 10/4/93 i 34 . Continued. MOTION: That the Mayor and Common Council uphold the appeal and approve the extension of time for Tentative Tract No. 14949 until February 4 , 1994, based on the attached findings of fact and subject `�?� to the attached conditions of approval; and refer Tentative Tract No. 14473 and Conditional Use Permit No. 92-16 back to the Development Review Committee and Planning Commission for review and final action. 35. Adjournment. MOTION: That the meeting be adjourned. The next meeting will be held at 8:00 a.m. , Thursday, October 21, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 15 10/4/93 .. 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. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. 16 10/4/93 SUPPLEMENTAL AGENDA OCTOBER 4, 1993 S-1 Request for closed session to discuss pending litigation. MOTION: That the Common Council recess to closed session pursuant to Government Code Section 54956. 9 (a) to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: In Re General Motors Corporation Pickup Truck Fuel Tank Products Liability Litigation - United States District Court Case No. MDL Docket No. 961 and Master File No. 92-6450. �w S-2 Appointment - Council Member Devlin - to replace Council Member Oberhelman - Ways and Means Committee - Council Mem ernandez. (See Attached) MOTIO That Council Member Devlin be appointed to the Ways and Means Committee, replacing Council Member Oberhelman, per Council Member Hernandez. S-3 Resolution of the City of San Bernardino establishing a schedule of fees for storm water drainage facilities construction for land subdivision and development within the City of San Bernardino; and rescinding Resolution No. 88- 114 . (See Attached) MOTION: That said resolution be adopted. '°/'7 53 - 3 1 10/4/93 S-4 Appointment - Annivory Calvert - Community Development Citizen Advisory Committee - Council Member Hernandez . (See Attached) NOTION: That the recommendation to appointment Annivory Calvert to the Community Development Advisory Committee, as requested by Council Member Hernandez, be approved. q! S-5 Resolution of the City of San Bernardino authorizing the Mayor to execute the application to the Economic Development Agency for a grant to finance street and water system improvements within Norton A.F.B. Ward 1 MOTION: That said resolution be adopted. .yes �4 2 10/4/93 AGENDA (CLOSED SESSION) October 4, 1993 From: City Attorney' s Office 1 ) Request for Closed Session to discuss threatened litigation. Motion: That the Common Council recess to Closed Session to confer with its attorney regarding pending litigation pursuant to Government Code Section 54956. 9(b) ( 1 ) , as there is significant exposure to litigation. 2 ) Request for Closed Session to discuss whether a Closed Session is authorized. Motion: Based on existing facts and circumstances, set out below, the City Council is meeting only to decide whether a Closed Session is 1-1 authorized pursuant to California Government Code Section 54956. 9(b) ( 2 ) . 3 ) Request for Closed Session to discuss whether to initiate litigation. Motion: That the Common Council recess to Closed Session to confer with its attorney regarding pending litigation pursuant to Government Code Section 54956. 9(c) , so that council may decide whether to initiate litigation. 4) Request for Closed Session to discuss personnel matters. Motion: That the Common Council recess to Closed Session to consider personnel matters pursuant to Government Code Section 54957. 5) Request for Closed Session to discuss threat to security. Motion: That the Mayor and Common Council recess to Closed Session 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. JFP:dd[agenda] AGENDA - 10/4/93 CLOSED SESSION CASES Page 2 6 ) Request for Closed Session to discuss real property negotiations. Motion: That the Mayor and Common Council recess to Closed Session 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: 7 ) Request for Closed Session to discuss license application. Motion: The Council will recess to Closed Session pursuant to Government Code Section 54956. 7 to meet with an applicant for a City license and the applicant' s attorney. 8 ) Request for Closed Session to discuss pending litigation. Motion: The Council will recess to Closed Session pursuant to Government Code Section 54957 to meet with the Chief of Police Regarding matters of public security. 9 ) Request for Closed Session to discuss pending litigation. Motion: That the Common Council recess to Closed Session pursuant to Government Code Section 54956. 9(a) to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: Tomas Armendariz vs. James F. Penman, et al - United States District Court - Case No. 91-5757; Brenda Walker vs. City of San Bernardino, et al - United District Court Case No. 91-5239 LHM ( JRx) ; JFP:dd[agenda] AGENDA - 10/4/93 CLOSED SESSION CASES Page 3 E.L. Yeager vs. City of San Bernardino - Office of Admin. Hearings Arbitration Case No. A-0024-92 Julie Thompson vs. City of San Bernardino - United States District Court - Case No. 92-888 GLT (RWRx) JFP:dd[agenda] AGENDA October 4 , 1993 PLEASE SEE ATTACHED LIST FROM CITY ATTORNEY'S OFFICE FOR CLOSED SESSION ITEMS. ANNOUNCEMENTS BY MAYOR AND COUNCIL APPOINTMENTS/PRESENTATIONS " " Advisory Commission Water Policy -- Member -- Mayor Minor Advisory Commission Water Policy -- Alternate Member -- Councilman Negrete CONSENT CALENDAR Motion: That the motions indicated by Consent Calendar Items through , be adopted, except for , and Set annual public meeting & public hearing -- 4th Monday of May and 4th Monday of June each year to hear comments and protests relative to increased annual special assessments. Approval of plans and authorization to advertise for bids -- Installation of Guardrail on Palm Avenue at City Creek. WARD 1. (Cost to the City $206,000, Street Construction Fund) . Claims and Payroll '/,/ Personnel Actions RESOLUTIONS October 4, 1993 ADMINISTRATION RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO ASSOCIATED GOVERNMENTS TO LEASE FOUR (4) PARKING SPACES IN CENTRAL CITY PARKING DISTRICT LOT ##3 . WARD 1. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LIER MUSIC REGARDING TEN (10) PARKING SPACES IN CENTRAL CITY PARKING DISTRICT LOT ##1. WARD 1. FIRE RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY FOR AIRCRAFT RESCUE AND FIREFIGHTING SERVICES. PARKS, REC & COMMUNITY SERVICES RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PREPARATION AND EXECUTION OF APPLICATIONS AND AGREEMENTS FOR SAN BERNARDINO COUNTY COMMUNITY SERVICES FOOD DISTRIBUTION PROGRAM AT MILL COMMUNITY CENTER AND REPEALING RESOLUTION 93-114 . PERSONNEL 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. " PUBLIC SERVICES RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND DESCRIPTION FOR THE PHELAN/SBCo SANITARY LANDFILL FACILITY. FACILITY IDENTIFICATION ## 36-AA-0044 . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND DESCRIPTION FOR THE BARSTOW/SBCo SANITARY LANDFILL FACILITY. FACILITY IDENTIFICATION ## 36-AA-0046. PUBLIC SERVICES I✓ RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND DESCRIPTION FOR THE YERMO/SBCo SANITARY LANDFILL FACILITY. FACILITY IDENTIFICATION # 36-AA-0047. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND DESCRIPTION FOR THE APPLE VALLEY SANITARY LANDFILL FACILITY. FACILITY IDENTIFICATION # 36-AA-0048 . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND DESCRIPTION FOR THE BAKER SANITARY LANDFILL FACILITY. FACILITY IDENTIFICATION # 36-AA-0049. ,/` RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND DESCRIPTION FOR THE HESPERIA/SBCo SANITARY LANDFILL FACILITY. FACILITY IDENTIFICATION # 36-AA-0050. PUBLIC WORKS ✓RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH DAVID EVANS AND ASSOCIATES (DEA) PERTAINING TO A MODIFICATION OF TASK 7 OF EXHIBIT 111" (ENVIRONMENTAL SITE ASSESSMENT) FOR THE EXTENSION OF ORANGE SHOW ROAD FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE. WARDS 1 & 3 . Cost to the City -- $13,588 from Street Construction Fund. ` RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO NOTICING A PUBLIC MEETING AND A PUBLIC HEARING RELATIVE TO THE FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 23 , GENERALLY LOCATED ALONG PORTIONS OF ORANGE SHOW ROAD AND THE PROPOSED EXTENSION THEREOF FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE. WARDS 1 & 3 . AGENDA October 4 , 1993 PUBLIC HEARINGS ALL ITEMS SCHEDULED TO BE HEARD AT 10:00 A.M. That the hearing allowing owners of property located on 40th Street, West of Acre Lane the opportunity to appear and be heard relative to eminent domain proceedings be closed. 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE FOR PUBLIC PURPOSES AND ALL USES APPURTENANT THERETO ALONG THE NORTH SIDE OF 40TH STREET, WEST OF ACRE LANE. WARD 4 . Cost to the City $23,298. 00 from 1/2 Cent Sales Tax Fund. fir✓ AGENDA OCTOBER 4 , 1993 CONTINUED ITEMS SOUTHLAND SURVEYING, INC. - SETTLEMENT PROPOSAL AGENDA STAFF REPORTS October 4, 1993 '' Request to reconsider by Councilman Hernandez: 1. Initiation of a development code amendment - offsite ABC license requirements (#39 from 9/20 Agenda) 2 . Appeal of Planning Commission denial of CUP 93-01 (#38 from 9/20 Agenda) Appointment of employees to positions within the Council Office -- recommendation of Councilmember Curlin. Motion: Effective January 1, 1994 , all appointments of employees within the Council Office for positions serving at large will be subject to unanimous approval of the Council. Any employee appointed to a position to serve an individual Councilmember, rather than the Council at large, will require the vote of the Councilmember and at least three other Councilmembers, unless vetoed by the Mayor; then said appointment will require a total of five votes. AGENDA STAFF REPORTS October 4 , 1993 Request to reconsider by Councilman Hernandez: 1. Initiation of a development code amendment - offsite ABC license requirements (#39 from 9/20 Agenda) 2 . Appeal of Planning Commission denial of CUP 93-01 (#38 from 9/20 Agenda) Appointment of employees to positions within the Council Office -- recommendation of Councilmember Curlin. Motion: Effective January 1, 1994 , all appointments of employees within the Council Office for positions serving at large will be subject to unanimous approval of the Council. Any employee appointed to a position to serve an individual Councilmember, rather than the Council at large, will require the vote of the affected Councilmember and at least three other Councilmembers, unless vetoed by the Mayor; in which case said appointment will require a total of five votes. F AGENDA PLANNING October 4 , 1993 TO BE HEARD AT 2:00 P.M. "Appeal of Planning Commission Denial of Tentative Tract No. 14473/Conditional Use Permit No. 92-16 and Tentative Tract No. 14949 (Extension of Time) . Northside Future Verdemont Drive. WARD 5. SUPPLEMENTAL AGENDA OCTOBER 4, 1993 S-1 Request for Closed Session to discuss pending litigation. Motion: That the Common Council recess to Closed Session pursuant to Government Code Section 54956. 9 (a) to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: In Re General Motors Corporation Pickup Truck Fuel Tank Products Liability Litigation - United States District Court Case No. MDL Docket No. 961 and Master File No. 92- 6450. S-2 Appointment -- Councilman Jerry M. Devlin to replace Councilman David Oberhelman -- Ways & Means Committee -- Councilman Hernandez S-3 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A SCHEDULE OF FEES FOR STORM WATER DRAINAGE FACILITIES CONSTRUCTION FOR LAND SUBDIVISION AND DEVELOPMENT WITHIN THE CITY OF SAN BERNARDINO; AND RESCINDING RESOLUTION NO. 88-114 . S-4 Appointment -- Annivory Calvert -- Community Development Citizen Advisory Committee -- Councilman Hernandez S-5 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE APPLICATION TO THE ECONOMIC DEVELOPMENT AGENCY FOR A GRANT TO FINANCE STREET AND WATER SYSTEM IMPROVEMENTS WITHIN NORTON A. F.B. WARD 1 COUNCIL MEETING SUPPLEMENTAL AGENDA OCTOBER 4, 1993 From: the City Attorney' s Office: 1 . Request for Closed Session to discuss pending litigation. Motion: That the Common Council recess to Closed Session pursuant to Government Code Section 54956.9( a) to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: In Re General Motors Corporation Pickup Truck Fuel Tank Products Liability Litigation - United States District Court Case No. MDL Docket No. 961 and Master File No. 92-6450 S-1 fi ]HEL CLARK CITY CLERK AGE 2ND FLOOR NDA MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO "October 4, 9993 - 19:00 a.m." (Regular Meeting) Council Chambers, City Hall ----------------------------------------------------- CALL TO ORDER: //; 3 7 (7— - ROLL CALL: PRESENT: ' 3 A6 ABSENT: -------------------------------------------------- (PUBLIC COMMENTS ON ITEMS NOT ON AGENDA) -------------------- CONSENT CALENDAR MOTION: That the motions indicated by Consent Calendar items numbered "1" through "9" be adopted, except for items numbered: 3 1. COMMUNITY DEVELOPMENT COMMISSION MINUTES (Community Develooment Commission) ( MOTION: That the minutes of the Community Development Commission of the City of San Bernardino for the meetings of September 7, 1993 and September 20, 1993 be approved as submitted in typewritten form. --------------- ---------------- ---------------------•--°-------------- REGULAR MEETING COMMISSION AGENDA – -- KJH:Imp:cdc-10r1 1 Date: October 4, 1993 2. REDEVELOPMENT COMMITTEE MINUTES (Community Development Commission (7 OTION��: That the minutes of the Redevelopment Committee of the City of San Bernardino for the meeting of September 2, 1993 be received and filed. Z --------------- ---------------- Public Works Department 3. CONTRACT CHANGE ORDER NUMBER 7 -IMPROVEMENTS TO MILL COMMUNITY CENTER, PER PLAN NO. 8890 — KIRKLEY DEVELOPMENT - (Mayor and Common Council) MOTION: That Change Order No. 7 to the contract with Kirkley development, Inc., for Improvements to the Mill Community Center, in accordance with Plan No. 8890, be approved; to authorize installment of a rubberized flooring system in the gym I Z area, at an increase in the contract price of$18,865.00, from $623,351.75 to $642,216.75. 4. ADOPTION OF NEGATIVE DECLARATION AND FINDING OF CONSISTENCY WITH CIRCULATION ELEMENT OF GENERAL PLAN -CONSTRUCTION OF LANDSCAPE MEDIANS TRAFFIC DIVERTERS -- NEWCOMB ST., MCKINLEY, AND DUMBARTON AVENUES, BETWEEN 20TH STREET AND HIGHLAND AVENUE — PUBLIC WORKS PROJECT NO. 93-04 (Mayor and Common Council) MOTION A: ; That the Negative Declaration for Public Works; Project No. 93-04, construction �� --- of landscape medians, 90 degree parking, and traffic diverters in Newcomb Street, McKinley Avenue and Dumbarton Avenue, between 20th Street and Highland Avenue, be adopted. --------------- --------------- MOTION B: That a finding be made that Public Works Project No. 93-04 is consistent with -------the circulation element of the General Plan. ____________________--___________________ REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-10r1 2 Date: October 4, 1993 Development Department 5. DELMANN HEIGHTS WATER SYSTEM UPGRADE (Community Development Commission) (MOTION• That the Community Development Commission approve an amount not to exceed $85,000 in bond proceeds to underwrite additional unexpected costs (P/2— associated with the Delmann Heights Water System Upgrade project. 6. FY1993/1994 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENT BETWEEN THE CITY AND HOME OF NEIGHBORLY SERVICES (Mayor and Common Council) MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF \\ , SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A Z COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOME OF NEIGHBORLY SERVICES. # 93 - 39b --------------- --------------- 7. SANTA FE AUTOMOBILE DISTRIBUTION FACILITY (Community,Development Commission) MOTION:> That the Community Development Commission approve a $110,000 contribution / toward water facility improvements for the Santa Fe Automobile Distribution Facility and authorize the Chairman and Executive Director to execute all documentation necessary to effectuate said transaction; and, that the Development Department budget be increased accordingly. --------------- --------------- ---------------------------------------------------- REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-10r1 3 Date: October 4, 1993 8. SMALL BUSINESS LOAN COMMITTEE (Community Development Commission) Chairman Minor's Recommendation MOTION: That the Community Development Commission approve the attached five (5) candidates as members on the Small Business Loan Committee as recommended by Chairman Minor for appointment by the Chairman and confirmation by the Commission. gencv Administration 9. MASTER SERVICES AGREEMENT BETWEEN THE ECONOMIC DEVELOPMENT AGENCY AND THE DEPARTMENT OF PLANNING AND BUILDING SERVICES - PROPOSED BUILDING INSPECTION (REHABILITATION) AND CODE ENFORCEMENT SERVICES \ (Community Development Commission) (MOTION: That the Community Development Commission amend the Master Services ' Agreement between the Economic Development Agency and the Department of Planning and Building Services in an amount not to exceed $208,250 for enhanced building inspection and code enforcement services in the Central City Revitalization Strategy Area. END OF CONSENT CALENDAR Agency Administration 10. PROGRAMMING SERVICES-STATE CONSOLIDATED OFFICES AND CALTRANS BUILDING -'> (Community Development Commission) MOTION: That the Community Developmen Commission authorize the Agency Administrator to draft and execute contract with Keating Mann Jernigan Rottet in an amount not to excee for architectural programming services for �/� the design of the State Consolida eed Offices and Caltrans Building on the Superblock site. ------------------------------- REGULAR MEETING COMMISSION AGENDA l KJH:Imp:cdc-10r1 4 Date: October 4, 1993 11. CONSULTANT TO THE COMMISSION/COUNCIL (Community Development Commission) Councilman Hernandez's Recommendation MOTION A: That the Community Development Commission retain Mr. Kenneth Johnston as a consultant to carry out certain professional services relating to the Economic Development Agency. MOTION B: That the Community Development Commission appropriate funds in the amount of$40,005 and increase the FY93/94 EDA budget accordingly. --------------- --------------- MOTION C: That the Community Development Commission assign Mr. Johnston to the Council Office under the guidance of the Council Executive Assistant. CLOSED SESSION 12. 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; ------------------------------------ REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-10r1 5 Date: October 4, 1993 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. J 13. ADJOURNMENT MOTION: That the meeting of the May and_Common Council/Community Development Commission be adjourned t��n_ day, October 18 1993 at 11:00 a.m., in the Council Chambers of City Hall, 300 North"D"Street, San Bernardino, California. ----------------------------•-------------------- REGULAR MEETING COMMISSION AGENDA KJHJrnp:cdc-10r1 6 Date: October 4, 1993