HomeMy WebLinkAbout11-02-1992 Reg Mtg Agenda AGENDA
REGULAR MEETING
MAYOR AND COMMON COUNCIL
CITY OF SAN BERNARDINO
MONDAY, NOVEMBER 2 , 1992 - 8:30 A.M.
COUNCIL CHAMBERS
CALL TO ORDER 3 3
ROLL CALL
PRESENT: r `�''� 1 �f 5-, 17
ABSENT: 4'
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;
1 11/2/92
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 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 CMB (JRx) ;
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;
Maryanne Johnson vs . City of San Bernardino - San Bernardino
Superior Court Case No. SACV 92575 ;
2 11/2/92
Tomas Armendariz , et al vs . James F. Penman, et al - San
Bernardino Trial Court Case No. 271093;
Carl B. Alston vs . City of San Bernardino et al - United
States District Court Case No. 90-0012 WRJ;
Victor Aguilar, et al vs . Cal Nev Pipeline Co. - Los Angeles
Superior Court Case No. C751026 ;
Edmena Burney, et al vs . So. Pac . Transportation Co. - Los
Angeles Superior Court Case No. BC 000876 ;
James Dickey, Inc . , vs . Cal Nev Pipe Line Co. , City et al-
San Bernardino Superior Court Case No. 251310;
Ervin Hawkins , et al vs . So. Pac . Transportation Co. , - Los
Angeles Superior Court Case No. BC 000825;
Fred Ledbetter vs . City of San Bernardino - San Bernardino
Superior Court Case No. 256173;
Mary E. Washington vs . So. Pac . Transportation Co. - San
Bernardino superior Court Case No. 256346 ;
Durrell Lucas , et al vs . Lake Minerals Corporation, et al-
San Bernardino Superior Court Case No. 255165 .
END OF CLOSED SESSION
3 11/2/92
RECONVENE MEETING - 9 : 30 A.M.
ROLL CALL
PRESENT:
ABSENT:
INVOCATION: r
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/hey 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 .
Employee Recognition Awards .
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar
items 5 through 22 be adopted, except for ,
, , and
5 . Waive further reading of all resolutions and ordinances .
MOTION: That further reading of all resolutions and
3 ordinances on the regular, supplemental and
-71 Community Development Commission agendas, be
waived.
4 11/2/92
�r (Consent Calendar Continued)
6 . Council Minutes . (See Attached)
(MOTION: That the minutes of the following meeting of the
Mayor and Common Council of the City of San
4. Bernardino , be approved as submitted in
typewritten form:
August 17, 1992 (Delivered on 10/20/92)
September 29 , 1992 (Delivered on 10/30/92 )
7 . Set public hearing - November 16 , 1992 at 10: 00 a.m. - to
consider, discuss and receive public comments relative to a
proposed increase of taxicab rates . (See Attached)
MOTION: That the Mayor and Common Council set a public
hearing for 10: 00 a.m. on Monday, November 16,
1992 , in the Council Chambers, City Hdl'L, 300
North "D" Street, San Bernardino, California, to
consider, discuss and receive public comments
relative to a proposed increase of taxicab rates .
8 . Change in January 1993 Council Meeting dates . (See
Attached)
MOTION: That the Council Meetings during the month of
January 1993 be held on January 11th and January
-� 20th due to the closure of City Hall during the
3/7) period December 24, 19 9 2 through January 3, 1993,
and the commemoration of Dr. Martin Luther King,
Jr. ' s birth on January 18, 1993 .
C 9 � Proposal to prepare Charter Amendment to increase the value
of City-owned property that can be sold without competitive
bidding from $2 , 000 to $15, 000 . (See Attached)
MOTION: That the City Attorney be directed to
prepare the
requested Charter Amendment.
_ f
�l 5 9 2 11 2
/ /
(Consent Calendar Continued)
10 . Approve salary increases for the following
Headstart/Preschool positions : Teacher/Director, Teacher,
Teacher Aide and Clerk, retroactive to September 1, 1992 .
(See Attached) (Cost to City - $43,868 from Headstart-
Federal Grant Fund. )
MOTION: To approve salary increases for the following
#1 �, Headstart/Preschool positions, retroactive to
September 1, 1992 :
(K7 Teacher/Director from $10 . 22/hour to $10 . 57/hour;
Teacher from $8 . 89/hour to $9 . 19/hour;
Teacher Aide from $5 . 53/hour to $5 . 72/hour; and
Clerk from $5 . 53/hour to $5 . 72/hour.
and
MOTION: That the Personnel Department be directed to
#2 update Resolution 6413, Section Thirteen.
11 . Establishment of new classification - Transportation Program
Coordinator/Administrative Analyst. (See Attached) (Cost
to City - $32,146 annually from Rideshare Funds. )
MOTION: That the classification of Transportation Program
11 Coordinator/Administrative Analyst be established,
with the salary set at Range 2357, $2, 632-$3, 199
per month.
and
MOTION: That the Personnel Department be directed to
12 update Resolution 6413, Section Eleven and
Resolution 6433 .
1 12 . Approval of plans and authorization to advertise for bids-
installation of traffic signals at Route I-215 and Orange
Y' Show Road/Auto Plaza Drive. (See Attached) (Cost to City-
$312,000 from Street Construction Fund. ) Ward 3
MOTION: That the plans for installation of traffic signals
11 at Interstate Route I-215 and Orange Show
Road/Auto Plaza Drive, in accordance with Plan No.
8565, be approved; and the Director of Public
Works/City Engineer be authorized to advertise for
✓iuJ .
(See next page for additional motion)
6 11/2/92
(Consent Calendar Continued)
MOTION-. That the appropriation under Account No. 242-362-
#2 57384, "Traffic Signals at Orange Show Road/Auto
Plaza Drive, " be increased to $312 ,500, to reflect
amount authorized in Cooperative Agreement with
C9 _ the State.
13 . Claims and Payroll . (See Attached)
,MOTION: That the claims and payroll, and the authorization
to issue warrants as listed on the memorandum
dated October 27, 1992 from the -4QXjsu4T Director of
Pe-i on , be approved.
14 . Personnel Actions . (See Attached)
MOTION: That the personnel actions submitted by the Chief
�---- Examiner dated October 21, 1992 , in accordance
ff7) with all administrative regulations of the City of
San Bernardino, be approved.
RESOLUTIONS
MOTION: That the following resolutions be adopted.
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. (See Attached)
7 11/2/92
(Consent Calendar Continued)
Public Works/Engineering
16 . Resolution of the City of San Bernardino awarding a contract
to Electro Construction Corporation for installation of
security lighting at Lytle Creek, Wildwood, Perris Hill and
Nicholson Parks . (See Attached) (Cost to City - $215,000
from Park Construction Fee Fund. ) Wards 2, 3 & 4
(Contract documents are available in City Clerk' s Office)
17 . 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
. , " to remove the no parking zone on Sierra Way, between
Base Line Street and Highland Avenue, between the hours of
seven a.m. and nine a.m. , applicable to the west side only,
and between the hours of four p.m. and six p.m. , applicable
to the east side only. (See Attached) Ward 2
18 . Authorization to execute agreement for professional
engineering services - traffic signal interconnect on
Highland Avenue from Muscupiabe Drive to Sierra Way - BSi
Consultants , Inc . (See Attached) Wards 2, 6 & 7
MOTION: That the appropriation of $271, 000 under Account
No. 250-670-57311, "Traffic Signal Interconnect-
Highland Avenue, from Muscupiabe Drive to Sierra
Way, " from State Traffic Systems Management funds
be approved; and that said resolution be adopted.
Resolution of the City of San Bernardino authorizing the
execution of an agreement with BSI Consultants, Inc . for
provision of professional engineering design services for
interconnecting and upgrading traffic signals on Highland
Avenue, from Muscupiabe Drive to Sierra Way.
8 11/2/92
(Consent Calendar Continued)
Water Department
19 . A Resolution of (the Mayor and Common Council of the City of
San Bernardino, gr. �,g a Corporation Grant Deed from Scott
Research Laboratories , Inc . , Assessor ' s Parcel Number 148-
122-01 PTN. , that portion of the North Twenty-Four (24)
acres of Lot 2 , Block 83, of Rancho San Bernardino, as per
plat recorded in Book 7 , Page 2 of maps, official records of
the County of San Bernardino, State of California,
consisting of 6 . 507 net acres , for the public use of a water
storage reservoir and uming fac_lity. (See Attached)
Ward 6
20 . A Resolution of the Mayor and Common Council of the City of
San Bernardino, granting a quitclaim deed to Scott Research
Laboratories, Inc . , for Assessor ' s Parcel Number 148-022-04
PTN. , that portion of the Muscupiabe Rancho, situated in
Section 29 , Township 1 North, Range 4 West, San Bernardino
Meridian, if said lines were extended across said Rancho, as
per plat recorded in Book 7 of Maps, Page 23, Records of the
County of San Bernardino, State of California, consisting of
0 . 068 net acres . (See Attached) Ward 6
ORDINANCES - FINAL READING
MOTION: That the following ordinances be adopted.
21 . An Ordinance of the City of San Bernardino amending Sections
2 .56 . 040 and 2 . 56 . 070 to change the deadline for filing
nomination papers for the 1993 election only. (See
Attached) -
22 . Ordinance of the City of San Bernardino amending Chapter
13 . 32 of the Municipal Code entitled Wastewater Facilities,
to reveal certain sections as omitted in Ordinance No. MC-
835 , and to revise the maximum fines allowable for
violations of discharae standards . (See Attached)
END OF CONSENT CALENDAR
9 11/2/92
PUBLIC HEARING
* 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.
23 . Public hearing - resolution imposing liens on property
located within the City of San Bernardino for uncollected
business registration fees . (See Attached)
Resolution of the City of San Bernardino imposing liens on
certain parcels of real property located within the City of
San Bernardino for uncollected business registration fees .
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said
resolution be adopted.
TO BE HEARD AT 10:00 A.M.
24 . Protest hearing - notice to construct Chapter 12 . 92
Improvements . (See Attached) (Cost to City - $15,810 from
Tax Bill Assessments. ) Wards 4 & 7
Mayor to open the hearing . . .
MOTION: That any objections or protests be overruled, that
the hearing be closed, and find and determine that
the public convenience and necessity require the
installation of offsite improvements in front of
those parcels of land described in Exhibit "A"
attached to the staff report from Roger G.
Hardgrave, Director of Public Works/City Engineer,
dated October 15, 1992 , and order the work done
(excepting parcels No. ) ; and that the Director
of Public Works/City Engineer be directed to cause
the installation of said improvements if the
property owners have not commenced such
construction by December 18, 1992 (4/5th vote
reau'red) .
10 11/2/92
ORDINANCE - FIRST READING
25 . An ordinance of the City of San Bernardino amending the San
Bernardino Municipal Code by adding Chapter 12 . 95 thereto
providing procedures for City participation in the
reconstruction of substandard driveway approaches . (See
Attached)
MOTION: That said ordinance be laid over for final
adoption.
STAFF REPORTS
26 . Request for waiver of fees in the amount of $497 . 50 for use
of Sturges Auditorium by James Elder ' s All-American Youth
Foundation for a casting call to be held on December 7 ,
1992 . (See Attached)
MOTION: That the request to waive fees for use of Sturges
#1 Auditorium in the amount of $497 . 50 , be denied.
or
MOTION: That the request to waive fees for use of Sturges
12 Auditorium in the amount of $497 . 50, be approved.
11 11/2/92
(Staff Reports Continued)
27 . Discuss and take possible action regarding baseball team
negotiations with Mr. Don Nomura - Council Member Pope-
Ludlam. (See Attached)
28 . Luncheon workshop to discuss proposed Unreinforced Masonry
(URM) Building Program - 12 : 00 p.m. - 1: 30 p.m. MIC Room.
(See Attached)
\ , MOTION: That conceptual approval is given to the Financial
#1 Assistance Plan as outlined in the staff report
dated October 8, 1992 .
and
MOTION: That conceptual approval be given to the revised
#2 Unreinforced Masonry Building Ordinance as
outlined in the staff report dated October 9,
1992 .
12 11/2/92
MAYOR AND COMMON COUNCIL
CITY OF SAN BERNARDINO
RECONVENE MEETING
PLANNING MATTERS
MONDAY,, NOVEMBER 2 , 1992 - 2 :00 P.M.
PRESENT: ,��, C�
ABSENT: I /
e.—
TO BE HEARD AT 2:00 P.M. - CONTINUED FROM OCTOBER 19 1992
29 . Public hearing - Development Agreement No. 91-01 - to govern
the development of a phased expansion project at Inland
Center Mall . (Backup material was distributed on October
19, 1992, Item No. 32)
3� Resolution of the City of San Bernardino adopting the
mitigated negative declaration of environmental impact and
adopting the mitigation monitoring/reporting program and
authorizing the execution of Development Agreement No. 91-01
a ( Inland Center Mall Expansion) . (See Attached) Ward 1
Mayor to open the hearing .
MOTION: That —the hearing : b closed; and- at said
u ion be adopted.
TO BE HEARD AT 2:00 P.M. - CONTINUED FROM OCTOBER 19 1992
30 . Appeal - Planning Commission' s denial of Conditional Use
Permit No. 91-03 -- 40 unit senior citizen apartment
complex project. (Backup material was distributed on
October 19, 1992, Item No. 34)
Appellant: Cliff Carel & Associates
Owner: Michael J. Murphy
Location- Ward 1 . Located on the north side of Third
Street, between Allen Street and Sierra Way.
(Continued on next page)
13 11/2/92
30 . Continued.
Staff recommendation: That the Mayor and Common Council
deny the appeal, and deny Conditional Use Permit No. 91-03,
based on the findings of fact contained in Exhibit B.
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; that the appeal be
denied; and that Conditional Use Permit No. 91-03
be denied, based on the findings of fact.
gran � ea
NO 5 i
�I(j C.-Q- C' _ & o 'e 7 A bs;
TO BE HEARD AT 2:00 P.M.
31 . Appeal - Planning Commission denial of Variance No. 92-09 to
install additional wall signage in excess of the prescribed
limitations contained in Development Code Section
19 . 22 . 150 (C) ( 3) (a) . (See Attached)
Applicant: Bleier Industries, Ltd.
Owner: Andy Sinanian/The "E" St. Joint
Venture Partnership
Location: Ward 3. The subject property consists of
approximately 2 . 3 acres located on the west side of South
"E" Street, approximately 1,285 feet south of Mill Street.
Staff recommendation: That the Mayor and Common Council
deny the appeal and deny Variance No. 92-09 based on the
findings of fact contained in Exhibit 4 .
Planning Commission recommendation: The Planning Commission
denied Variance No. 92-09 , concluding that the primary
intent of the sign is to provide exterior visibility, and
therefore cannot be exempt from the Development Code
restrictions .
Mayor to open the hearing . . .
(Continued on next page)
14 11/2/92
.avow&
31 . Continued.
MOTION: That the hearing be closed; and that--the Mayor and
#1 Common Council deny the appeal and deny Variance
92-09 based on the findings of fact contained in
Exhibit 4 .
or
/ MOTION: That the hearing be closed; and that the Mayor and
j Common Council approve Variance No. 92-09 in
/ concept; continue to November 16, 1992 and refer
the matter back to staff to develop positive
�— - ' findings .
32 . Development Code amendment to permit waiver of requirement
for two standard routes of ingress and egress for tentative
tract and parcel maps under certain circumstances . (See
Attached) (Cost to City - $2,000 from General Fund. )
MOTION: That the Mayor and Common Council direct Planning
staff to prepare a Development Code amendment
establishing criteria for a waiver of the
requirement of a second route of access for
tentative tracts and parcel m?ps when in
situations in which such a waiver would not pose a
threat to public health, safety, and welfare in
the event of flood, fire or other emergency, and
in situations in which the property subject to
such a subdivision is located outside any fire
hazard area and it is not feasible for a second
route of access to be provided.
15 11/2/92
33 . Adjournment.
MOTION: That the Mayor and Common Council meeting be
adjourned to 8:30 a.m. , Monday, November 16, 1992,
in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California. .
NOTICE: Any member of the public may address this meeting of
the Mayor and Common Council on any item appearing on
the agenda, by approaching the microphone in the
Council Chambers when the item about which the member
desires to speak is called, and by asking to be
recognized.
Any member of the public desiring to speak to the Mayor
and Common Council 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.
16 11/2/92
r
AGENDA
(CLOSED SESSION)
11/2/92
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
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 - 11/2/92
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:
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;
JFP:dd[agenda]
AGENDA - 11/2/92
CLOSED SESSION CASES
Page 3
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;
Maryanne Johnson vs. City of San Bernardino - United States
District Court Case No. SACV 92-575;
Carl B. Alston vs. City of San Bernardino, et al - United States
District Court Case No. CV 90-0012 WJR;
Tomas Armendariz, et al vs. James F. Penman, et al - San Bernardino
Trial Court Case No. 271093;
Victor Aguilar, et al vs. Cal Nev Pipeline Co. - Los Angeles
Superior Court Case No. C751026;
Edmena Burney, et al vs. So. Pac. Transportation Co. - Los Angeles
Superior Court Case No. BC 000876;
James Dickey, Inc. , vs. Cal Nev Pipeline Co. , City, et al - San
Bernardino Superior Court Case No. 251310;
Ervin Hawkins, et al vs. So. Pac. Transportation Co. - Los Angeles
Superior Court Case No. BC 000825;
Fred Ledbetter vs. -City of San Bernardino - San Bernardino Superior
Court Case No. 256173;
Mary E. Washington vs. So. Pac. Transportation Co. - San Bernardino
Superior Court Case No. 256346;
Durell Lucas, et al vs. Lake Minerals Corporation, et al - San
Bernardino Superior Court Case No. 255165
JFP:dd[agenda]
A G E N D A
NOVEMBER 2, 1992
PLEASE SEE ATTACHED LIST FROM CITY ATTORNEY'S OFFICE FOR CLOSED
SESSION ITEMS.
ANNOUNCEMENTS BY MAYOR AND COUNCIL
APPOINTMENTS/PRESENTATIONS
Employee Recognition Awards
CONSENT CALENDAR
Motion:
That the motions indicated by Consent Calendar Items
through , be adopted, except for ,
and
Set public hearing -- November 16, 1992 at 10: 00 a.m. -- to
consider, discuss and receive public comments relative to a
proposed increase of taxicab rates.
Change in January 1993 Council Meeting dates.
Proposal to prepare Charter Amendment to increase from $2, 000 to
$15, 000 the value of City-owned property that can be sold without
competitive bidding.
Approve salary increases for the following Headstart/Preschool
positions: Teacher/Director, Teacher, Teacher Aid and Clerk,
retroactive to September 1, 1992 . (Cost to City - $43 , 868 from
Headstart - Federal Grant Fund. )
Establishment of new classification -- Transportation Program
Coordinator/Administrative Analyst. (Cost to City - $32, 146
annually from Rideshare Funds. )
Approval of plans and authorization to advertise for bids --
installation of traffic signals at Route I-215 and Orange Show
Road/Auto Plaza Drive. (Cost to City - $312 , 000 from Street
Construction Fund. ) WARD 3
Claims and Payroll
Personnel Actions
RESOLUTIONS
Motion:
Adopt resolutions.
PUBLIC SERVICES
'RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST 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.
PUBLIC WORKS/ENGINEERING
`RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO
ELECTRO CONSTRUCTION CORPORATION FOR INSTALLATION OF SECURITY
LIGHTING TO LYTLE CREEK, WILDWOOD, PERRIS HILL AND NICHOLSON PARKS.
(Cost to City -- $215, 000 from Park Construction Fee Fund. ) Wards
2 , 3 & 4 .
✓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. . . , " TO REMOVE THE
NO PARKING ZONE ON SIERRA WAY, BETWEEN BASE LINE STREET AND
HIGHLAND AVENUE, BETWEEN THE HOURS OF SEVEN A.M. AND NINE A.M. ,
APPLICABLE TO THE WEST SIDE ONLY, AND BETWEEN THE HOURS OF FOUR
P.M. AND SIX P.M. , APPLICABLE TO THE EAST SIDE ONLY.
Motion:
1. That the appropriation of $271, 000, under Account No.
250-670-57311, "Traffic Signal Interconnect - Highland
Avenue, from Muscupiabe Drive to Sierra Way, " from State
Traffic Systems Management Funds be approved.
2 . Adopt resolution.
"RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH BSI CONSULTANTS, INC. FOR PROVISION OF
PROFESSIONAL ENGINEERING DESIGN SERVICES FOR INTERCONNECTING AND
UPGRADING TRAFFIC SIGNALS ON HIGHLAND AVENUE, FROM MUSCUPIABE DRIVE
TO SIERRA WAY. Wards 2, 6 & 7
WATER
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, ACCEPTING A CORPORATION GRANT DEED FROM SCOTT RESEARCH
LABORATORIES, INC. , ASSESSOR'S PARCEL NUMBER 148-122-01 PTN. , THAT
PORTION OF THE NORTH TWENTY-FOUR (24) ACRES OF LOT 2 , BLOCK 83, OF
RANCHO SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 7, PAGE 2 OF
MAPS, OFFICIAL RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, CONSISTING OF 6. 507 NET ACRES, FOR THE PUBLIC USE OF A
WATER STORAGE RESERVOIR AND PUMPING FACILITY. Ward 6
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, GRANTING A QUITCLAIM DEED TO SCOTT RESEARCH
LABORATORIES, INC. , FOR ASSESSOR'S PARCEL NUMBER 148-022-04 PTN. ,
THAT PORTION OF THE MUSCUPIABE RANCHO, SITUATED IN SECTION 29,
TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IF SAID
LINES WERE EXTENDED ACROSS SAID RANCHO, AS PER PLAT RECORDED IN
BOOK 7 OF MAPS, PAGE 23, RECORDS OF THE COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, CONSISTING OF 0. 068 NET ACRES. Ward 6
END OF CONSENT CALENDAR
A G E N D A
NOVEMBER 2 , 1992
PUBLIC HEARINGS
ALL ITEMS SCHEDULED TO BE HEARD AT 10 : 00 A.M.
MOTION:
That the hearing be closed; said resolution be adopted.
✓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 .
Protest Hearing -- Notice to construct Chapter 12 . 92 improvements.
(Cost to City - $15, 810 from Tax Bill Assessments. ) WARDS 4 & 7 .
A G E N D A
NOVEMBER 2 , 1992
ORDINANCES
Motion:
That further reading of the ordinance be waived and it be laid
over for final adoption.
`'AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN
BERNARDINO MUNICIPAL CODE BY ADDING CHAPTER 12 . 95 THERETO PROVIDING
PROCEDURES FOR CITY PARTICIPATION IN THE RECONSTRUCTION OF
SUBSTANDARD DRIVEWAY APPROACHES.
A G E N D A
STAFF REPORTS
NOVEMBER 2 , 1992
ADDITIONAL ITEMS FOR ACTION:
"'Luncheon Workshop to discuss Proposed Unreinforced Masonry (URM)
Building Program -- 12 : 00 p.m. - 1: 30 p.m. -- MIC Room.
Request for waiver of fees in the amount of $497 . 50 for use of
Sturges Auditorium by James Elder's All-American Youth Foundation
for a casting call to be held on December 7, 1992 .
Discuss and take possible action regarding baseball team
negotiations with Mr. Don Nomura -- Councilwoman Valerie Pope-
Ludlam.
A G E N D A
NOVEMBER 2 , 1992
PLANNING
`Appeal of the Planning Commission denial of Variance No. 92-09 to
install additional wall signage in excess of the prescribed
limitations contained in Development Code Section
19 . 22 . 150 (C) (3) (a) . WARD 3
' Development Code amendment to permit waiver of requirement for two
standard routes of ingress and egress for tentative tract and
parcel maps under certain circumstances. (Cost to City - $2 , 000
from General Fund. )
SUPPLEMENTAL AGENDA
NOVEMBER 2 , 1992
�S-1 RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION
FOR THE PROMOTION OF ARTS AND CULTURE. (Cost to
City - $20, 000 from General Fund. )
VS-2 RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
INLAND DANCE THEATERS, INC. FOR THE PROMOTION OF
ARTS AND CULTURE. (Cost to City - $22 , 000 from
General Fund. )
" S-3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE LOCATIONS
WHERE MID-BLOCK CROSSWALKS ARE PERMITTED IN THE
CITY IN ACCORDANCE WITH CALIFORNIA VEHICLE CODE
SECTION 21106. Ward 1
S-4 RESOLUTION OF THE CITY OF SAN BERNARDINO
PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE
AND NECESSITY REQUIRE THE AMENDMENT OF ASSESSMENT
DISTRICT NO. 990 LOCATED IN THE HIGHLAND-ARDEN AREA
BY EXPANDING THE SCOPE AND BOUNDARIES THEREOF TO
INCLUDE ADDITIONAL SECURITY SERVICES AND ADDITIONAL
LIGHTING MAINTENANCE AND ENERGY COSTS FOR
ADDITIONAL TERRITORY IN THE DISTRICT; CREATING ZONE
1 TO COVER THE EXISTING BOUNDARIES AND CREATING
ZONE 2 TO BE ASSESSED THE COST OF SAID ADDITIONAL
SECURITY SERVICES AND MAINTENANCE; DECLARING ITS
INTENTION TO PROCEED TO ORDER THE AMENDMENT AND
EXPANSION OF SCOPE AND BOUNDARIES OF THE DISTRICT
AND SETTING A PUBLIC HEARING. (Cost to City -
$51, 123 .45 from A.D. No. 990. ) Ward 7
S-5 APPOINTMENTS
Mr. David B. Marion -- Mobilehome Rent Board --
Timothy C. Steinhaus.
S-6 Authorize the purchase of four trailers from the
San Bernardino Baseball Club, Inc. in the amount of
$50, 000 against the remainder owed by the baseball
club for the 1992 season.
W
SUPPLEMENTAL AGENDA
NOVEMBER 2, 1992
S-1 Resolution of the City of San Bernardino authorizing the
execution of an agreement with the San Bernardino Valley
Community Concert Association for the promotion of Arts and
Culture. (See Attached) (Cost to City - $20,000 from
General Fund. )
MOTION: That said resolution be adopted.
S-2 Resolution of the City of San Bernardino authorizing the
execution of an agreement with the Inland Dance Theaters,
Inc . for the promotion of Arts and Culture. (See At}ached)
(Cost to City - $22,000 from General Fund. )
MOTION: That said resolution be adopted.
S-3 Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the locations where mid-block
crosswalks are permitted in the City in accordance with
California Vehicle Code Section 21106 . (See Attached)
Ward 1
MOTION: That said resolution be adopted.
1 11/2/92
S-4 Resolution of the City of San Bernardino preliminarily
determining that public convenience and necessity require
the amendment of Assessment District No. 990 located in the
Highland-Arden Area by expanding the scope and boundaries
thereof to include additional security services and
additional lighting maintenance and energy costs for
additional territory in the District; creating Zone 1 to
cover the existing boundaries and creating Zone 2 to be
assessed the cost of said additional security services and
maintenance; declaring its intention to proceed to order
the amendment and expansion of scope and boundaries of the
district and setting a public hearing. (Cost to City-
$51,123.45 for Assessment District No. 990) Ward 7
MOTION: That said resolution be adopted.
S-5 Appointment - David B. Marion - Mobilehome Rent Board-
Timothy C. Steinhaus . (See Attached)
i"MOTION: That the appointment of David B. Marion to the
Mobilehome Rent Board, as requested by Timothy
Steinhaus, be approved.
/ S-6 Authorized the purchase of four trailers from the San
Bernardino Baseball Club, Inc . in the amount of $50, 000
against the remainder owed by the Baseball Club for the 1992
season. (See Attached)
OTIONs"/) That the purchase of four trailers from the San
Bernardino Baseball Club, Inc . , for the amount of
$50, 000, against the balance due for stadium lease
payments, be approved.
2 11/2/92
RAC1. KRASNEY
CITY CLERK
2ND FLOOR
A G E N D A
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
"November 2, 1992 — 11:00 A.M."
(Regular Meeting)
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CALL TO ORDER:
ROLL CALL:
PRESENT:
ABSENT:
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(PUBLIC COMMENTS ON ITEMS NOT ON AGENDA)
CONSENT CALENDAR
MQTI,ON: That the motions indicated by Consent Calendar items numbered
5/ "1" through 117" be adopted, except for items numbered
1. COMMUNITY DEVELOPMENT COMMISSION MINUTBS
(Community Development Commission
�TION: That the minutes of the Community Development Commission of
the City of San Bernardino for October 19, 1992 be approved
as submitted in typewritten form.
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REGULAR MEETING COMMISSION AGENDA
KJH:lmp:2441B — 1 — NOVEMBER 2, 1992
2. REDEVELOPMENT COMMITTEE MINUTES
(Community Development Commission
MOTION: That the minutes of the September 10, 1992 meeting of the
Redevelopment Committee of the City of San Bernardino be
received and filed as submitted in typewritten form.
3. 1992 CLEAN-UP FOR CHRISTMAS
(Community Development Commission)
MOTION: That the Community Development Commission appropriate $70,000
in tax allocation bond proceeds to finance the City of San
Bernardino 1992 "Cleanup for Christmas" program.
4. BIENNIAL PUBLIC HEARING
(Community Development Commission
MOTION: That the Community Development Commission establish November
16, 1992 at 11:00 a.m. , as time and date certain for the
Biennial Public Hearing concerning all redevelopment plans.
5. WATSON MEDICAL LABORATORIES INC
(Community Development Commission
MOTION: That the Community Development Commission approve a
development "gap loan" in the amount of $125,000 to Mr. Paul
Watson of Watson Medical Laboratories, Inc. , for the
construction of a new medical services building to be located
at 4835 North Hallmark Parkway and authorize the Chairman and
Executive Director to develop an execute appropriate
contractual loan agreements.
------------------ - __ __
REGULAR MEETING
COMMISSION AGENDA
KJH:lmp:2441B - 2 - NOVEMBER 2, 1992
6. RENT DEPOSIT GUARANTEE PROGRAM - CONTRACT U,=SION
(Community Development Commission
MOTION: That the Community Development Commission approve a contract
amendment relative to the Rent Deposit Guarantee Program in
order to extend the term of the respective contracts with
Frazee Community Center and the City's Parks, Recreation and
Community Services Department (West-side Community Service
Center) through June 30, 1992.
�0k
7. LOW/MOD HOUSING FUND (FY 1992-93)
(Community Development Commission
MOTION: That the Community Development Commission approve the Program
Proposals for utilization of available FY 1992/93 Low/Mod
(Set-Aside) Housing Funds.
END OF CONSENT CALENDAR
CONTINUED FROM OCTOBER 19, 1992
8. RAMONA SENIOR HOUSING - RELEASE OF FUNDS
(Community Development Commission
MOTION: That the Community Development Commission discuss and take
possible action regarding release of funds in connection with
the Ramona Senior Housing Complex (see attached memorandum
from Councilwom Pope-Ludlam).
_______________
___________ ______________-___-_-_-_____-_-_-___
REGULAR MEETING COMMISSION AGENDA
KJH:Imp:2441B - 3 - NOVEMBER 2, 1992
4 �N r°
9. WEST SIDE FAMILY MEDICAL CLINIC EXPANSION FIRST AMENDMENT TO CONTRACT
AM 0 :w>i-'?*n
(Mayor and Common Councill
(Community Development Commission
ff k .5
MOTION A: That the Mayor and Common Council and Community
Development Commission approve an additional $165,000 as a
First Amendment to its existing\lcontract with the County
of San Bernardino for design and\\expansion of the West
.. Side Family Medical Clinic in order to partially eliminate
a development budget deficit and authorize the Mayor, City
Clerk and City Attorney to execute the attached agreement.
41
OR
(Community Development Commission
MOTION B: That the Community Development Commission approve an
additional $165,000, utilizing only tax increment funds,
as a First Amendment to its existing contract with the
County of San Bernardino for design and expansion of the
West Side Family Medical Clinic in order to partially
eliminate a development budget deficit and authorize the
Mayor, City Clerk and City Attorney to execute the
attached agreement.
10. 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
eg' R,-, 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;
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REGULAR MEETING COMMISSION AGENDA
KJH:1mp:2441B — 4 — NOVEMBER 2, 1992
MEN-
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.
11. ADJOURNMENT
MOTION: That the Regular Meeting of the Mayor and Common Council
and the Community Development Commission be adjourned to
Monday, November 16, 1992 at 11:00 a.m. , in the Council
Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
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REGULAR MEETING COMIYIISSION AGENDA
KJH:1mp:2441B — 5 — NOVEMBER 2, 1992