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HomeMy WebLinkAbout08-16-1993 Reg Mtg t City Clerk (1) AGENDA ��3 REGULAR MEETING MAYOR AND COMMON COUNCIL CITY OF SAN BERNARDINO MONDAY, AUGUST 16, 1993 - 8 : 00 A.M. COUNCIL CHAMBERS CALL TO ORDER U3 k' -y-rt ' ROLL CALL PRESENT: �� �i �/ 4/ ABSENT: Loy 7 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 8/16/93 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; Stubblefield Construction Company, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 242998; Superior Court Case No. 252058; Julie Thompson vs. City of San Bernardino, et al - United States District Court Case No. SA CV92-888 GT (RWRx) ; City of San Bernardino vs. Bussell, et al - San Bernardino Superior Court Case No. 271568 ; Saab vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 234561; Maldonado vs. City of San Bernardino - San Bernardino Superior Court Case No. 254529. ,0; 507 A. END OF CLOSED SESSION 2 8/16/93 RECONVENE MEETING - 9: 00 A.M. ROLL CALL 9:e /,q ' -)" PRESENT: / /` �` r ABSENT: INVOCATION: 7 PLEDGE: A . Announcements by Mayor and Council. 3 . PUBLIC COMMENTS ON ITEMS NOT ON AGENDA: A five-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council on a matter not on the agenda. No member of the public shall be permitted to "share" his/her five minutes with any other member of the public. (Usually, any items received under this heading are referred to staff for further study, research, completion and/or future Council action. ) 4 . Appointments/Presentations. Mayor Minor: Appointment -- Community Television Commission -- John R. Lowe (Resume available in the Office of the City Clerk.) (See Attached) Appointment -- Library Board -- Karen A. Feld (Resume available in the Office of the City Clerk. ) (See Attached) Appointment -- Community Development Citizen Advisory Commission -- Carolyn B. Freeman (Resume available in the Office of the City Clerk. ) (See Attached) 3 8/16/93 4 . Appointments/Presentations, Cont. Reappointment -- Civil Service Board -- Elijah Singletary (Resume available in the Office of the City Clerk. ) (See Attached) MOTION: That the appointments of John R. Lowe to the Community Television Commission, Karen A. Feld to the Library Board, Carolyn B. Freeman to the Community Development Citizen Advisory Commission and Elijah Singletary to the Civil Service Board, as requested by Mayor Minor, be approved. Council Member Curlin: Appointment -- Police Commission -- Carol Thrasher (Resume available in the Office of the City Clerk. ) (See Attached) MOTION: That the appointment of Carol Thrasher to the Police Commission, as requested by Council Member Curlin, be approved. Service Pin Awards Ceremony. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 19 be adop ed exc pt for Z-7— �, � � and 5. Waive further reading of all resolutions and ordinances. MOTION: That further reading of all resolutions and ordinances on the regular, supplemental and 3 Community Development Commission agendas, be waived. 4 8/16/93 (Consent Calendar Continued) 6. Council Minutes. MOTION: That the minutes of the following meeting of the Mayor and Common Council of the City of San 3 Bernardino be approved as submitted in typewritten form: June 7, 1993 (Delivered on 8/9/93) 7 . Approval of Contract Change Order No. One -- compensation to contractor for delay due to conflict with sewer lateral-- $6, 221. 10 contract increase -- storm drain in Mill Street, from Pennsylvania Avenue to Rancho Avenue -- C. P. Construction Company, Inc. (Cost to City --$6,221.10 from Storm Drain Construction Fund. ) (See Attached) Ward 3 ( 'MOTION: That Change Order No. One to the contract with C. P. Construction Company, Inc. , for installation of % a storm drain in Mill Street, from Pennsylvania Avenue to Rancho Avenue, in accordance with Plan No. 8820, be approved; to authorize an increase of $6, 221. 10 in the contract price, from $139, 100.40 to $145, 321. 50, to compensate the contractor for a delay due to conflict with a sewer lateral. 0Authorization to proceed - reconstruction and resurfacing of main and residential traffic arteries. (Cost to City-- $500,000 from Proposition III & Gas Tax Funds and $500,000 from Half Cent Sales/Road Tax Funds. ) (See Attached) Wards 1-7 MOTION: That the Purchasing Agent be authorized to #1 advertise for bids for cold planing work on the streets included in the attached Staff Report, for Cq1U) major arteries and residential streets; and MOTION: That the Director of Public Services be authorized #2 to proceed with the resurfacing of the streets indicated in the Staff Report following the completion of the contract .work. 5 8/16/93 (Consent Calendar Continued) 9 . Claims and Payroll. (See Attached) MOT That the claims and payroll, and the authorization to issue warrants as listed on the memorandum C3 J� dated August 10, 1993 from the Director of Finance, be approved. 10. Personnel Actions. (See Attached) M That the personnel actions submitted by the Chief Examiner, dated August 5, 1993 , in accordance with Civil Service Rules and Personnel Policies 1 adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. 11. Joint Powers Financing Authority - Regular Meeting M That the regular meeting of the Joint Powers Financing Authority be adjourned to September 20, 1993 . RESOLUTIONS V MOTION: That the following resolutions be adopted. &<' �� Finance � ),y 12 . Resolution of the City of San Bernardino Community Facilities District No. 1 establishing annual special tax for fiscal year 1993/94 . / 3 � Mayor 13 . Resolution of the City of San Bernardino confirming the Sister City Affiliation between the City of Yushu, China and the City of San Bernardi lifornia. (See Attached) 6 8/16/93 (Consent Calendar Continued) Parks Recreation & Community Services 14 . Resolution of the City of San Bernardino authorizing the Director of Parks, Recreation and Community Services Department to execute a contract between the City and Partnerships With Industry-PWI, a private non-profit agency, to provide work crews to perform maintenance duties at City parks facilities. (Cost to City -- $22,992 annually from the General Fund.) (See At -3Aq 15. Resolution of the City f an Bernardino authorizing the Y g execution of an agreement with the County of San Bernardino relating to the joint use of the Mill Community Center for the period beginning January 1, 1992 and ending December 31, 1992 and repealing Resolution - 47 . (See Attached) Ward 1 16. Resolution of the City of San Bernardino authorizing the execution of an agreement with the County of San Bernardino relating to the joint use of the Mill Community Center for the period of fifteen (15) years commencing January 1, 1993 and ending December 31, 2008, and repealing Resolution 93- 148 . (See Attached) Ward 1 0 Public Services 17 . Authorize agreement with the County of Sari Bernardino Department of Environmental Health Services to operate a household hazardous waste collection center. (Cost to City -- $130,650.40 from Professional/Contractual Services Fund.) (See Attached) Resolution of the City of San Bernardino authorizing the execution of an agreement by and between the County of San Bernardino and the Public Services Department of the City of San Bernardino to operate a household hazardous waste c ' on center. MOTION, That the sum of $130, 650.40 be transferred from Account No. 127-412-53160 (Tipping Fees) to I Account No . 127-411-53150 (Professional & Contractual Services) for the purpose of continuing the existing Household Hazardous Waste Collection Center Program. 7 8/16/93 (Consent Calendar Continued) Public Works/Engineering 18 . Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A resolution. . . prohibiting parking upon certain designated streets or portions thereof. . . , " to remove the no parking zone on Sierra Way, between Thirtieth Street and Thirty-Fourth Street, 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. (Cost to City-- $200 from the General Fund. a Attached) Ward 7 19 . 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 Ex "A" and Exhibit "C" . (See Attached) Wards 5 & 6 V7 7 END OF CONSENT CALENDAR 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. 20. 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. M to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. 3I� 8 8/16/93 ORDINANCE - FIRST READING MOTION: That said ordinances be laid over for final adoption. 21. 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 'ness operator's permits. (See Attached) 22 . An ordinance of the City of San Bernardino adding Chapter 2 .45 to the San Bernardino Municipal Code establishing a Human Relations Commission. (See Attached) o/3� I !) 23 . 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 cil. (See Attached) STAFF REPORTS 24. Request to address Mayor and Council regarding the Ways & Means Committee' s denial of funds in the amount of $44, 500 for San Bernardino Community Against Drugs, Inc. - Jerilyn Simpson, President/Chief Executive Officer. (See Attached) 9 8/16/93 (Staff Reports Continued) 25. Authorize and direct City Attorney to file Amicus Letter with the California Supreme Court requesting the court to hear the issue on holding adjudicatory hearings for locating Radioactive Waste Disposal Facility in Ward Valley. (See Attached) MOTION: That the City Attorney be authorized and directed to file Amicus Letter with the California Supreme Court requesting the court to hear the issue on ok- holding adjudicatory hearings for locating Radioactive Waste Disposal Facility in Ward Valley. 26 . Set public hearing -- September 7 , 1993 at 10: 00 a.m. -- for the purpose of increasing sewer service charge within and out ' e the City of San Bernardino. (See Attached) MOTION: That the Mayor and Common Council set a hearing at the regularly scheduled Council meeting at 10: 00 a.m. on September 7, 1993 , for the purpose of establishing new sewer rate increases within and outside the City of San Bernardino. 27 . Adjournment. MOTION: That the Mayor and Common Council meeting be adjourned to 8:00 a.m. , Tuesday, September 7, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 10 8/16/93 Vap �.., /on, 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. 11 8/16/93 c: SUPPLEMENTAL AGENDA AUGUST 16, 1993 S-1 Resolution of the City of San Bernardino urging the Social Security Administration to keep the San Bernardino District te 0ff: ' downtown. That said resolution be adopted. S-2 Resolution of the City of San Bernardino approving the final map for Subdivision Tract No. 15222 , located between Second and Third Streets, approximately 362 feet west of Mt. Vernon Avenue, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. MOTION: That said resolution be adopted. 3 � S-3 Resolution of the City of San Bernardino approving the final map for Parcel Map No. 144501, located at the northwest corner of the intersection of "E" Street and Marshall Boulevard, accepting the public dedications as set forth on said map; and authorizing execution of the parcel map improvement agreement for the improvements in said subdivision, with time for performance specified. MOTION* That said resolution be adopted. 1 8/16/93 A G E N D A AUGUST 16, 1993 PLEASE SEE ATTACHED LIST FROM CITY ATTORNEY'S OFFICE FOR CLOSED SESSION ITEMS. ANNOUNCEMENTS BY MAYOR AND COUNCIL APPOINTMENTS/PRESENTATIONS Appointment of John R. Lowe to Community Television Commission -- Mayor Tom Minor. Appointment of Karen A. Feld to Library Board of Trustees -- Mayor Tom Minor. Appointment of Carolyn B. Freeman to the Community Development Citizen Advisory Board -- Mayor Tom Minor. Re-appointment of Elijah Singletary to the Civil Service Board Commissioners -- Mayor Tom Minor. Appointment of Carol Thrasher to the Police Commission -- Councilman F. J. Curlin. Award of Service Pins CONSENT CALENDAR Motion: That the motions indicated by Consent Calendar Items through be adopted, except for and Approval of Contract Change Order No. One -- compensation to contractor for delay due to conflict with sewer lateral -- $6, 221. 10 contract increase -- storm drain in Mill Street, from Pennsylvania Avenue to Rancho Avenue -- C. P. Construction Company, Inc. (Ward 3) Authorization to proceed with reconstruction and resurfacing of main and residential traffic arteries. (Wards 1-7) Claims and Payroll Personnel Actions AGENDA AUGUST 16, 1993 RESOLUTIONS FINANCE \� ��;. RESOLUTION OF THE CITY OF SAN BERNARDINO COMMUNITY FACILITIES 0� . �` DISTRICT NO. 1 ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL YEAR 1993/94. MAYOR RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE SISTER ` 3* CITY AFFILIATION BETWEEN THE CITY OF YUSHU, CHINA AND THE CITY OF SAN BERNARDINO, CALIFORNIA. iWA ' elao PARKS.RECREATION & COMMUNITY SERVICES ' ✓,-RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE A CONTRACT BETWEEN THE CITY AND PARTNERSHIPS WITH INDUSTRY-PWI, A PRIVATE NON-PROFIT AGENCY, TO PROVIDE WORK CREWS TO PERFORM MAINTENANCE DUTIES AT CITY PARKS FACILITIES. (WARDS 1-7) Cost to City — $22,992.00 Annually from General Fund /-RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE JOINT USE OF THE MILL COMMUNITY CENTER FOR THE PERIOD BEGINNING JANUARY 1, 1992 AND ENDING DECEMBER 31, 1992 AND REPEALING RESOLUTION NO. 93-147. (WARD 1) -/,RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE JOINT USE OF THE MILL COMMUNITY CENTER FOR THE PERIOD OF FIFTEEN (15) YEARS COMMENCING JANUARY 1, 1993 AND ENDING DECEMBER 31, 2008, AND REPEALING RESOLUTION NO. 93-148. (WARD 1) ✓ PUBLIC SERVICES RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COUNTY OF SAN BERNARDINO AND THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO TO OPERATE A HOUSEHOLD HAZARDOUS WASTE COLLECTION CENTER. Cost to City — $130,650.40 from Refuse Fund-Contractual Services Motion: That the sum of$130,650.40 be transferred from account no. 127-412- 53160 (Tipping Fees) to account no. 127-411-53150 (Professional & Contractual Services) for the purpose of continuing the existing Household Hazardous Waste Collection Center Program. PUBLIC WORKS 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 THIRTIETH STREET AND THIRTY-FOURTH STREET, 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. (WARD 7) r` 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". (WARDS 5 & 6) i AGENDA AUGUST 16, 1993 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. AGENDA AUGUST 16, 1993 ORDINANCES Motions: 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 SECTIONS 5. 82 . 030 AND 5. 82 . 050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUSINESS OPERATOR'S PERMITS. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2 . 45 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A HUMAN RELATIONS COMMISSION. 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. V AGENDA AUGUST 16, 1993 ORDINANCES Motions: 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 SECTIONS 5.82 . 030 AND 5.82 . 050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUSINESS OPERATOR'S PERMITS. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2 .45 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A HUMAN RELATIONS COMMISSION. 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. I i I i I AGENDA STAFF REPORTS )ley ti's 0 AUGUST 16, 1993 C!a /flo � d ! / Request to address Mayor & Council relative to recommended denial of funds by the Ways & Means Committee in the amount of $44 , 500. 00 for San Bernardino Community Against Drugs, Inc. -- Jerilyn Simpson, President/CEO. Authorize and direct City Attorney to file Amicus Letter with California Supreme Court to hear issue on holding adjudicatory hearings for locating Radioactive Waste Disposal Facility in Ward Valley. Set Public Hearing -- September 7 , 1993 at 10: 00 a.m. -- for the purpose of increasing sewer service charge within and outside the City of San Bernardino. SUPPLEMENTAL AGENDA AUGUST 16, 1993 S-1 RESOLUTION OF THE CITY OF SAN BERNARDINO URGING THE SOCIAL SECURITY ADMINISTRATION TO KEEP THE SAN BERNARDINO DISTRICT OFFICE DOWNTOWN. S-2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 15222 , LOCATED BETWEEN SECOND AND THIRD STREETS, APPROXIMATELY 362 FEET WEST OF MT. VERNON AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. S-3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR PARCEL MAP NO. 14450, LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF "E" STREET AND MARSHALL BOULEVARD, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE PARCEL MAP IMPROVEMENT AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. AGENDA (CLOSED SESSION) August 16, 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 j 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 - 8/16/93 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; Stubblefield Construction Company, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 242998; Superior Court Case No. 252058; Julie Thompson vs. City of San Bernardino, et al - United States District Court Case No. SA CV92-888 GT (RWRx) ; JFP:dd[agenda] I i AGENDA - 8/16/93 CLOSED SESSION CASES Page 3 City of San Bernardino vs. Bussell, et al - San Bernardino Superior Court Case No. 271568; Saab vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 234561; Maldonado vs. City of San Bernardino - San Bernardino Superior Court Case No. 254529 JFP:dd[agenda] RACHEL CLARK (AGENDA) CITY CLERK 2ND FLOOR AGENDA MAYOR AND COMMON COUNCIL COMMUNITY DEVELOPMENT COMMISSION AND THE JOINT POWERS FINANCING AUTHORITY OF THE CITY OF SAN BERNARDINO "August 16, 1993 - 11:00 a.m." (Joint Regular Meeting) Council Chambers, City Hall ----------------------------------------------------------------- CALL TO ORDER: ROLL CALL: PRESENT: ABSENT: ------------------------------------- ---------------------------- PUBLIC COMMENTS ON ITEMS NOT ON AGENDA) -------------------- CONSENT CALENDAR MOTION: That the motions indicated by Consent Calendar items numbered "1" through "11" be adopted, except for items numbered: q 5 g �L 1. JOINT POWERS FINANCING AUTHORITY _ (CommunityDeveloament Commission) MOTION: That the Regular Meeting of the Joint Powers Financing Authority be continued to Monday, September 20, 1993. 1 ----------------- ----------------- ---------------------------------------------------------------- JOINT REGULAR MEr.TING COMMISSION AGENDA KJH:nm1:cdc-8jr1 1 Date: August 16, 1993 Development Department 2. COMMUNITY DEVELOPMENT COMMISSION MINUTES (Community Development Commission) MOTION: That the minutes of the Community Development Commission of the City of San Bernardino for the meeting of August 2, 1993 be approved as submitted in 3 typewritten form. ----------------- ----------------- 3. REDEVELOPMENT COMMITTEE MINUTES (Community Development Commission) MOTTO That the minutes of the Redevelopment Committee of the City of San Bernardino for the meeting of August 5, 1993 be approved as submitted in 3 typewritten form. 1 --------------- --------------- Public Works Department 4. APPROVAL OF CONTRACT CHANGE ORDER NO. 3—IMPROVEMENTS TO SWIMMING POOL AT BOYS & GIRLS CLUB, PER PLAN NO. 8891 _NADAR, INC. (Community Development Commission) MOTION• That Contract Change Order No. 3 to the contract with Nadar, Inc., for the improvements to swimming pool at Boys & Girls Club, in accordance with Plan No. 8890, be approved; to reinstate Bid Item No. 1 and Additive Alternates 1 and 2 to the contract, at the original bid prices, at an increase in the contract price of$99,400; from $150, 100 to $249,500. --------------- --------------- ---------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA KJH:nm1:cdc-6jr2 2 Date: August 16. 1993 Air 5. AWARD OF CONTRACT -INSTALLATION OF EARTHQUAKE RESISTANCE BRACING SYSTEM, PER EDA 93-0003 _STABILIZER SYSTEMS, INC. (Mayor and Common Council MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO STABILIZER SYSTEMS, INC. TO INSTALL EARTHQUAKE RESISTANCE BRACING SYSTEMS (ERGS) IN VARIOUS MOBILEHOMES WITHIN THE CITY OF SAN BERNARDINO. --------------- --------------- Development Department 6. SUNLAC HOUSING DEVELOPMENT PROJECT (Community Development Commission) MOTION: That the Community Development Commission adopt the proposed Homeownership (down payment) Assistance Program for the Sunlac Housing I 1 Development project and authorize the Chairman and Executive Director to execute any documents required to effectuate said transaction. --------------- --------------- 7. HOUSING DIVISION QUARTERLY ACTIVITY REPORT (Community Development Commission) OTION- That the Community Development Commission receive and file the attached Housing Division Quarterly Activity Report for the months of April through June, DI , 1993. --------------- --------------- --------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA KJH:nm1:cdc-8jr1 3 Date: August 16, 1993 8. ARDEN-GUTHRIE IMPLEMENTATION STRATEGY (Community DeveloDment Commission) Housing Comittee Recommendation MOTION : That the Community Development Commission approve a Management Agreement with Equity Management Services, Inc., as designated project managers for the Arden-Guthrie "Focus" Neighborhood, allocate $542,000 in 3/1 available FY 1993-94 Housing Set-Aside monies for said purpose, and authorize the Chairman and Executive Director to execute any documents necessary to effectuate said transaction (Housing Committee: 3-0). ; V -- --------------- Housing Committee Recommendation MOTION B: That the Community Development Commission approve the-pufehase of two (2) buildings in the Arden-Guthrie Community for conversion to a multiple-use neighborhood facility, authorize $400,000 in available FY 1993-94 Housing Set- Aside monies for said purpose and authorize the Chairman and Executive 3 Director to execute any documents necessary to effectuate said transaction. (Housing Committee: 2 - 1/Councilman Oberhelman) ----------------- --------------- Housing Committee Recommendation MOTION C- That the Community Development Commission approve the acquisition of leasing of those specific properties necessary for development of a 3/ neighborhood mini-park facility within the Arden-Guthrie "Focus" Neighborhood, and allocate $20,000 in available FY 1993-94 Housing Set-Aside funds for said purpose, and authorize the Chairman and Executive Director to execute any documents necessary to effectuate said transaction. (Housing Committee: 3- 0) --------------- --------------- Housing Committee Recommendation MOTION D: That the Community Development Commission approve implementation of specific common area/neighborhood improvements within the Arden-Guthrie "Focus" Neighborhood, and authorize $550,000 in available FY 1993-94 Housing Set-Aside funds for said purpose. (Housi g Committee: 2 - 1/Councilman Hernandez) c(S el me n c esl --------------- --------------- -------------------------------------------------------------- JOIl%k7 REGULAR MEETING COMMISSION AGENDA KJH::nm1:cdc-8jr2 4 Date: August 16, 1993 P blic Works Department 9. AUTHORIZATION TO EXECUTE AGREEMENT FOR PROFESSIONAL DESIGN SERVICES _- IMPROVEMENTS TO HIGHLAND AVENUE & ARDEN AVENUE AREA -WILLDAN ASSOCIATES (Community Development Commission) MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WILLDAN ASSOCIATES RELATING TO PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR INFRA- STRUCTURE IMPROVEMENTS IN THE HIGHLAND AVENUE AND ARDEN AVENUE AREA. --------------- --------------- Development Department 10. LOS PADRINOS COMMUNITY COALITION AGREEMENT (Community Development Commission) MOTION: That the Community Development Commission approve the utilization of Los Paddnos Community Coalition in conjunction with delivery of assorted graffiti 3 removal and neighborhood clean-up activities, allocate an additional $135,000 for a total of$435,000 in available low/mod housing funds for said purpose, and authorize the Chairman and Executive Director to execute any documents necessary to effectuate said transaction. --------------- --------------- Agency Administration 11. ECONOMIC ADVANCEMENT SURVEY-LUNCHEON WORKSHOP-MIC ROOM (Community Development Commission) OTIO That the Community Development Commission receive and file the results of the Inland Empire Eastern Region Economic Advancement Survey. I --------------- --------------- END OF CONSENT CALENDAR ----------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA KJH:nm1:cdc-8jr2 5 Date: August 16, 1993 CLOSED SESSION 12. 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. 13. ADJOURNMENT MOTION: That the meeting of the Mayor and Common Council/Community Development Commission be adjourned to Tuesday, September 7, 1993 at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ----------------- ----------------- ---------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA KJH:nm1:cdc-8jf2 6 Date: August 16, 1993