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HomeMy WebLinkAbout09-19-1994 Reg Mtg AGENDA REGULAR MEETING MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MONDAY, SEPTEMBER 19, 1994 - 8 : 00 A.M. COUNCIL CHAMBERS The City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact the Director of Facilities Management (384-5244) 48 hours prior to the meeting with any requests for reasonable accommodation, to include sign interpreters. CALL TO ORDER ROLL CALL PRESENT: ABSENT: CLOSED SESSION 1 . Pursuant to Government Code: MOTION: That the Mayor and Common Council and Community Development Commission adjourn to closed session for the following: (A) Conference with legal counsel - existing litigation pursuant to Government Code Section 54956 . 9 (a) : Thomas Armendariz 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. CV 92-4415 CBM (JRx) ; Insurance Company of the State of Pennsylvania vs City of San Bernardino, et al - United States District Court Case No. CV 94-0125 MRP (Ex) ; Edward F. Graziano, et al vs City of San Bernardino et al - San Bernardino Superior Court Case No. SCV 10966; Maadaleno vs . City of San Bernardino - San Bernardino Superior Court Case No. 248739 . 1 9/19/94 1 . Continued. (B) Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to Government Code Section 54956 . 9 (b) : two potential cases . END OF CLOSED SESSION 2 9/19/94 RECONVENE MEETING - 9 : 00 A.M. ROLL CALL 8' .5 A Ca �-✓� PRESENT: i �- ' /, , S�, )` , Co C�t"''`�L (/�-cwt da�t✓ ABSENT: INVOCATION: _�/w c Q C�ti• ,�G PLEDGE: _ 1 2 . Appointments/Presentations : 1�j A. Norman L. Hanover -- Central City Parking Place G Commission -- Council Member Miller. (See Attached) Kj (Resume available in the City Clerk' s Office) y MOTION: That the appointment of Norman L. Hanover to the t \ Central City Parking Place Commission, as requested by Council Member Miller, be approved. VIB. Service Pin Awards Ceremony. v3 . Announcements by Mayor and Council . J4 . PUBLIC COMMENTS ON ITEMS NOT ON AGENDA: A three-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 three minutes with any other member of the public. (Usually, any items heard under this heading are referred to staff for further study, research, completion and/or future Council action. ) CONSENT CALENDAR MOTION. That the motions indicated by consent calendar items 5 through 17 be adopted, except for .S , o 6_, rZ, I , L /U, —/, and /-5- lJ 5 . Waive full reading of resolutions and ordinances . MOTION: That full reading of the resolutions and ordinances on the regular, supplemental, and Community Development Commission agendas, be waived. 3 9/19/94 6 . Co Minutes . tMO ION: That the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: August 1, 1994 (Delivered on 9/13/94) City Attorney 7 . An ordinance of the City of San Bernardino adding Section 2 . 58 . 105 to the San Bernardino Municipal Code relating to willful interruptions of meetings of the Mayor and Common Council . (See Attached) (FINAL READING) MOTION: That said ordinance be adopted. City Clerk 8 . Resolution of the City of San Bernardino confirming cost of h abatements and imposing liens on certain parcels of real property located within the City of San Bernardino for the costs of the abatement of public nuisances . (Building Abatements) (See Attached) . � G, � t TION: That said resolution be adopted. )q13 - Facilities Management 9 . Resolution of the City of San Bernardino assessing certain parcels of real property located within the City of San Bernardino for the costs of abatement of public nuisances (abandoned vehicles) on said properties . (See Attached) OTION: That said resolution be adopted. Finance 10 . ' Resolution of the City of San Bernardino awarding a Schedule A-III Addendum to Lease Purchase Agreement Number 33915 to Ford Motor Credit Company for the financing of twenty-six (26) police patrol vehicles, to be utilized by the Police Department in accordance with Bid Specification F-94-16 . (See Attached) (Cost to the City - $529,788 .56 from General Fund) MOTION: That said resolution be adopted. 4 9/19/94 i v� Parks, Recreation and Community Services 11 . Resolution of the City of San Bernardino authorizing the execution of a contract with the County of San Bernardino relating to the City' s utilization of minors in the Juvenile Work Program. (See Attached) (Cost to the City - $18,200 from General Fund) OTION: That said resolution be adopted. t S �j � C Personnel 12 . Resolution of the City of San Bernardino amending Resolution No. 6413 , Section Ten, entitled in part "A Resolution . . . establishing a basic compensation plan . . . " ; by updating information codifying prior Council actions . (General Unit) (See Attached) MOT�ON: That said resolution be adopted. Police 13 . Resolution of the City of San Bernardino authorizing the Chief of Police to sign the Memorandum of Understanding with the San Bernardino City Unified School District for a Drug Abuse Resistance Education (D.A.R.E. ) Program Officer. (See Attached) (Cost to the City - $62,400 from General Fund. Fifty percent of the cost would be reimbursed by the San Bernardino City Unified School District) OT ON: ') That said resolution be adopted. 14 . ; Claims and Payroll . (See Attached) MOTION: That the claims and payroll and authorization to issue warrants as listed on the memorandum dated 3 August 29, 1994, from the Director of Finance, be approved. 15 .E Personnel Actions . (See Attached) MOTION: That—the ,personnel actions submitted by the Chief Examiner dame ber 8, 1994 , in accordance ,3 with Civil Service Rules rsonne1 Policies adopted by the Mayor and Common Counc1 City of San Bernardino be approved and ratified. a-tC 5 � 9/19/94 .a�rr Public Works/Engineering 16 . Resolution of the City of San Bernardino changing the names of 1st Avenue to Miller Drive; 3rd Street to Gericke Drive; 5th Street to Bland Drive, and "G" Street to Townsend Drive; all within that area of Norton Air Force Base, and within the Corporate limits of the City of San Bernardino, effective as of the date of adoption of this resolution. (See Attached) (Cost to City - $500 from General Fund) �a 11 Ward 1 MOT That said resolution be adopted.✓ N � ` 17 . Resolution of the City of San Bernardino awarding a contract to EGN Construction, Inc. , for street widening improvements on the north side of Mill Street, east of "D" Street and the south side of Rialto Avenue, west of "E" Street . (See Attached) (Chapter 12 . 95 improvements) (Cost to City - $62, 5 to be recouped through assessments to property owners) Wards 1 & 3 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR STAFF REPORTS Public Works/Engineering 18 . lution of the City of San Bernardino authorizing the execute f a Sewer Connection Agreement with Lawrence R. Nie odzki re e to connection of 4060 Electric Avenue to t ' s sewage sys (See Attached) MOTION: That said resolution be adop d. 6 9/19/94 19 . Resolution of the City of San Bernardino preliminarily determining that public convenience and necessity require the amendment of boundaries of Assessment District No. 981 by expanding the boundaries thereof to include additional territory in the district; declaring its intention to proceed to order the amendment and expansion of the district; and waiving notice and hearing. (Meridian and Randall Area Landscape Maintenance Assessment District) (See Attached) (Cost to City - $5, 000 from Assessment District No. 981) Ward 3 MOTIO That said resolution be adopted. 141 20 . Ordinance of the City of San Bernardino amending Chapter 15 . 72 of the San Bernardino Municipal Code relating to flood control �( bA (See Attached) (FIRST READING) 1� MOTION: That sal nance be laid over for final adoption. City Administrator' s Office TO BE HEARD AT 10 :00 A.M. 21 . Rental Housing Inspection Program Presentation -- set public hearing -- October 17, 1994 at 10 : 00 a.m. (See Attached) Presentation by Dave Rudisel, Community Development Manager, City of Azusa. Presentation by Ron Kemper regarding tenant-screening program. MOTION: That Alternative Plan No. 7_,� be selected in 11 order to implement the Rental Housing Inspection Program; and MOT741 N: That a public hearing be set for October 17, 1994 , 12 at 10 : 00 a.m. to adopt the Rental Housing Inspection Program. 7 9/19/94 22 . Resolution of the City of San Bernardino authorizing the execution of an agreement by and between the City of San Bernardino and Ralph Anderson & Associates, Inc . , for services relating to the performance of a Management Audit of the Police Department . (See Attached) (Cost to City - $53, 900 from Asset Forfeiture Fund) MOTION: That said resolution be adopted\^ 23 . Waive Fees - $57 - Young Womens Christian Association (YWCA) of Greater San Bernardino - Teen Faire - Seccombe Lake Park Pavilion - October 14 , 1994 . (See Attached) Ward 1 v OMOTION: That the request for a waiver of fees in the amount of $57 for use of Seccombe Lake Park Pavilion, in connection with the YWCA' s Teen Faire on October 14, 1994, be approved. or 2._} MOTION: hat the quest for a w ver of fees in the%amount #2 0 $57 for e of Se ombe La e Park Pavilion, in onnection wi e YWCA' s Tee wire on October 14, 1994 , be denied. f 24 . Waive Fees & Co-Sponsorship - $94 . 59 - Aquinas High School Associated Student Bodv - Football Homecoming Parade - September 30, 1994 . (See Attached) Ward 4 J MOTION: That the request for the co-sponsorship and waiver of fees in the amount of $94 . 59 for the Aquinas High School Football Homecoming—Parade on September 30, 1994, be approved --„ Qj or MOTION: Tha request for the and waiver #2 of fees in mount of $94 . 59 for the Aquinas High School Footbal oming Parade on September 30, 1994 , be denied. ---- 8 9/19/94 25 . Waive Fees & Co-Sponsorship - $418 - Cajon High School - Football Homecoming Parade - October 21, 1994 . (See Attached) d Ward 5 MOTION: That the request for the and waiver c� #1 of fees in the amount of $418 for the Cajon High School Football Homecomin g ade on October 21, 1994 , be approved or 14- MOTION: e request for the co-sponsorship and waiver #2 of fees i he amount of $418 for the Cajon High School Footbal oming Parade on October 21,_- 1994 , be denied. 26 . Resolution of the City of San Bernardino authorizing the execution of a parking agreement between the City of San Bernardino and Allan Steward, Inc. , a California Corporation, by the Mayor of the City of San Bernardino on behalf of said City, and repealing Resolution 93-70 . (See Attached) Ward 1 MO//TION: That said resolution be adopted. V -C �� r 11—,ec�4 City Clerk' s Office 27 . Designate Voting Delegate - League of California Cities Annual Conference- October 23 - 25, 1994 - Long Beach, California. (S tached) vo MOTION: That Council Member Miller be designated as the City of San Bernardino' s voting representative for the League of California Cities Annual Conference I to be held October 23 through 25, 1994, in Long Beach, California; and that Council Member Oberhelman be designated as the alternate voting representative . 9 9/19/94 Council Office 28 . Fire Department - Development Permit Costs - Discuss and take possible action - Council Member Hernandez . (See Attached) MOTION: That the Mayor and Common Council discuss and take possible action relative to the Fire Department requirements and fees associated with obtaining Development Permits . Personnel 29 . Reorganize Positions - Public Works/Engineering Department . (See Attached) (Cost to City - $3, 017 from various landscape maintenance districts) Note : Recommended for approval by Legislative Review Committee on August 18, 1994 . Present : Council Members Oberhelman and Pope-Ludlam. Absent : Council Member Negrete. tMOTION: That one (1) Park Maintenance Worker III, Range 1295 ($1, 931 - $2, 347/month) be deleted from Parks, Recreation and Community Services Department, and transferred to the Public Works/Engineering Department; and OTION: That a new classification of Landscape Inspector I 12 be established at Range 1322 ($2, 211 - $2 , 688/month) ; that the existing classification of A, Landscape Inspector, Range 1350 ($2 , 541 - $3 , 088/month) be retitled to Landscape Inspector II ; and MOTION: i That one (1) Park Maintenance Worker III in Public 13 Works/Engineering be reclassified to Landscape Inspector I, Range 1322 ($2, 211 - $2, 688/month) , effective the first pay period of October 1994 ; and MOTION: That the Finance Department be directed to amend 14 the FY 1994/95 budget for Parks, Recreation and / 3 Community Services and Public Works/Engineering, and that the budget be increased for the assessment districts by an additional $3 , 017; (See next page for additional motion) 10 9/19/94 2 9 . C,o�t i„nZi 3. MOTION: That the Personnel Department be directed to update #5 Resolution No. 6413 , Section Ten, to reflect this ! particular action. 30 . Establish Salaries - Fire Department - Ranges P-1 (Fire Fighter) , P-2 (Paramedic/Fire Fighter/Fire Investigator) , P-3 (Fire Engineer) , P-4 (Fire Captain) , and Fire Fighter Trainee - Effective August 1, 1994 . (See Attached) (Cost to City - $276, 828 from General Fund) MOTION: That the salaries for Fire Department Ranges P-1 #1 (Fire Fighter) , P-2 (Paramedic/Fire Fighter/Fire Investigator) , P-3 (Fire Engineer) , P-4 (Fire Captain) , and Fire Fighter Trainee be established, / effective August 1, 1994, as outlined in the staff report dated August 22, 1994 , from Barbara Dillon, Director of Personnel; and MOTION: That the Personnel Department prepare an amendment #2 to Resolution Nos . 6429 and 6413 , Section Thirteen. 3/ 1 31 . Establish Salaries - Fire Department - Ranges P-5 (Battalion Chief) , Fire Marshall and Training Officer, P-6 (Deputy Fire Chief) , P-7 (Fire Chief) - Effective August 1, 1994 . (See Attached) (Cost to City - $29, 988 from General Fund) MOTION: That the salaries for Fire Department Ranges P-5 #1 (Battalion Chief) , Fire Marshall and Training Officer, P-6 (Deputy Fire Chief) , P-7 (Fire Chief) /7 be established effective August 1, 1994, as outlined in the staff report dated August 30, 1994, from Barbara Dillon, Director of Personnel ; and MOTION: That the Personnel Department prepare an amendment 12 to Resolution No. 6429 . 31L/ 11 9/19/94 32 . Establish Salaries - Police Department - Ranges P-1 (Police Officer) , P-2 (Detective/Training Officer) , P-3 (Sergeant) and Law Enforcement Trainee - Effective August 1, 1994 . (See At ched) (Cost to City - $869, 166 from General Fund) MOTION: That the salaries for Police Department Ranges P-1 #1 (Police Officer) , P-2 (Detective/Training officer) , P-3 (Sergeant) and Law Enforcement Trainee be established effective August 1, 1994, as outlined in the staff report dated August 22, 1994 , from Barbara Dillon, Director of Personnel; and MOTION: That the Personnel Department prepare an amendment 12 to Resolution Nos . 6429 and 6413 , Section Thirteen. 33 . Establish Salaries - Police Department - Ranges P-4 (Police Lieutenant) , P-5 (Police Captain) , P-6 (Assistant Chief of Police) , and P-7 (Chief of Police) - Effective August 1, 1994 . (See A tached) (Cost to City - $62, 965 from General Fund) OTION: That the salaries for Police Department Ranges P-4 #1 (Police Lieutenant) , P-5 (Police Captain) , P-6 (Assistant Chief of Police) , and P-7 (Chief of Police) be established effective August 1, 1994 , as outlined in the staff report dated August 23 , 1994 , from Barbara Dillon, Director of Personnel; and MOTION: That the Personnel Department prepare an amendment 12 to Resolution No. 6429 . 5/1 Police 34 . Resolution of the City of San Bernardino approving the destruction of certain obsolete records by the San Bernardino Po ' epartment . (See Attached) MOTION: That said resolution be adopted. 12 9/19/94 Water Department 35 . A resolution of the Mayor and Common Council of the City of San Bernardino approving a Joint Powers Agreement creating a Public Agency known as the "Colton/San Bernardino Regional Tertiary Treatment and Water Reclamation Authority" , by and between the City of Colton and the City of San Bernardino. (S ttached) MOTION: T id resolution be adopted. CONTINUED ITEMS 0 CONTINUED FROM AUGUST 1, 1994 36 . Authorization to proceed and plan approval for the proposed vacation of those portions of Marshall Boulevard between Rockford and Victoria Avenues, and that portion of Piedmont 7: Drive between Belvedere Avenue and Marshall Boulevard. (No cost to the City -- $1, 000 paid by applicant. ) Ward 4 (Backup material was distributed on August 1, 1994, Item No. b 24, new staff report attached) n MOTION: That the Director of Public Works/City Engineer and #1 the City Clerk be authorized to proceed with the „ proposed vacation of those portions of Marshall Boulevard between Rockford and Victoria Avenues, and that portion of Piedmont Drive lying 430 feet east of Belvedere Avenue and Marshall Boulevard; and that Plan No. 9158, showing the proposed vacation of portions of Marshall Boulevard and Piedmont Drive, be approved; and MOTION: That no final action on the vacation proceedings #2 shall be taken until neighborhood meetings and input have been evaluated and reasonably addressed by the applicant and the City. 37 . Luncheon Workshop - CSTI Presentation on Disaster Preparedness - 12 noon - Sixth Floor - MIC Room. 13 9/19/94 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RECONVENE MEETING PLANNING MATTERS MONDAY, SEPTEMBER 19, 1994 - 2 : 00 P.M. ROLL CALL - U �- PRESENT: F r , u 3 A/ ,t Ina eA/U {� a�U JC m k ABSENT: Co, 38 . Public hearing - General Plan Amendment No. 94-02 - to change the land use designation from OIP, Office Industrial Park, to CG-1, Commercial General - northeast of Mill Street and Waterman Avenue. (See Attached) (Cost to City -- $30 Fish and Game Fee Deposit) Ward 1 Resolution of the City of San Bernardino adopting the negative O� �alt declaration of environmental impact and adopting General Plan Amendment No. 94-02 to the General Plan of the City of San Bernardino. Mayor to open the hearing . . . MOTION: 7'11 the hearing be closed; that the Mayor and Common ncil adopt the negative declaration and P/ Director pprove Gene Plan Amendment No. 94-02, to change he land use ignation from OIP, Office ndustrial Park, to CG- Commercial General, based n the findings of fact, At ment C of the staff eport dated September 1, 1994 m Al Boughey, of Planning and Building ces; and hat said resolution be adopted. 39 . Public hearing - Development Code Amendment No. 94-06 - to revise the date referenced for the flood insurance study and accompanying maps for the City of San Bernardino from January 1979 to the most recent revisions . (See Attached) Ordinance of the City of San Bernardino amending Chapter 19 . 16 , Section 19 . 16 . 030 (2) of the San Bernardino Municipal Code (Development Code) pertaining to Flood Control Measures, for the entire City of San Bernardino. (FIRST READING) (continued on next page) 14 9/19/94 39 . Continued. Mayor to open the hearing . . . MOTION: That the hearing be closed; that the Mayor and Common Council approve Development Code Amendment t No. 94-06; and that said ordinance be laid over for final adoption. 40 . Public hearing - Development Code Amendment No. 93-15 - to permit the upgrade of ABC Licenses under certain conditions in the CN, Commercial Neighborhood, land use district - reconsideration of Conditional Use Permit No. 93-01 - to permit an upgrade to liquor at an existing convenience store - 484 S . Rancho Avenue . (See Attached) An ordinance of the City of San Bernardino amending Chapter 19 . 06, Section 19 . 06 . 030 (2) (B) , of the San Bernardino Municipal Code (Development Code) pertaining to Alcohol Beverage Control "ABC" Licenses . (FIRST READING) Mayor to open the hearing MOTION: hat the hearing be closed; that the Mayor and Com Council adopt the negative declaration and approve ditional Use Permit No. 93-01 based on the findings o ct, Exhibit 2, and subject to the I � conditions of appr contained in the staff report dated September 8, 4, from Al Boughey, Director of Planning and Buil Services; and J" that said ordinance be laid ove or final adoption. 41 . Adjournment . MOTION: That the meeting be adjourned. NOTE : The next regular meeting is scheduled for 8 : 00 a.m. , Monday, October 3 , 1994 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 15 9/19/94 F 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 three-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 three minutes with any other member of the public . The Mayor and Common Council may refer any item 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 9/19/94 City Clerk (1) 0 SUPPLEMENTAL AGENDA SEPTEMBER 19, 1994 Mayor' s Office S-1 Discuss and take possible action - Repayment to the State of California Employment Development Department - $3 , 789 . 90 in General Fund Monies - Boys Club - Disallowed Costs in Job Training Partnership Act (JTPA) program funding - Mayor Minor. (See Attached) tOTION: That the Mayor and Common Council discuss and take possible action relative to the repayment to the (.0 State of California Employment Development Department, of $3 , 789 . 90 in General Fund monies for disallowed costs relative to program funding to the Boys Club by JTPA. Public Services S-2A Resolution of the City of San Bernardino accepting a Lease Purchase Master Agreement for First Public Finance Corporation and awarding a Lease Purchase Schedule 1 Agreement to First Public Finance Corporation for the financing of ninety-eight hundred (9, 800) 90 gallon automated refuse collection containers, to be utilized by the Public Services Department . (See Attached) (Cost to City - $535,217 .30 from Refuse Enterprise Fund over a seven-year period) (See Companion I B) LH That said resolution be adopted. S-2B Resolution of the City of San Bernardino awarding a purchase order to Toter, Inc. , for the furnishing and delivery of ninety-eight hundred (9, 800) 90 gallon automated refuse collection containers, to be utilized by the Public Services Department . (See Attached) (See Companion Item S-2A for cost to ) MOTION: That said resolution be adopted. 1 9/19/94 Public Works/Engineerinct S-3 Resolution of the City of San Bernardino authorizing and directing the execution of a Common Use Agreement with the Atchison, Topeka and Santa Fe Railway Company, located within City right-of-way beneath the Baseline Street Overpass, west of e I-215 Freeway. (See Attached) Ward 1 OTION: That said resolution be adopted. 3i) S-4 Change Order No. Four - Matich Corporation - Street Improvement Construction - Tippecanoe Avenue, "C" Street (Sheppard Boulevard) & Del Rosa Drive - Modify existing street lighting system to disconnect street lighting system and maintain street lighting on the remaining system outside of the work area - contract increase of $25, 000 . (See Attached) (No Cost to City - $25, 000 from U.S. Department of Commerce, Economic Development Administration Grant & IVDA Funds) ----- Ward 1 MOTION: That Change Order No. Four to the contract with Matich Corporation, for the construction of street improvements on Tippecanoe Avenue, "C" Street fl� (Sheppard Boulevard) and Del Rosa Drive, in accordance with Plan No. 9053 , be approved; to authorize the contractor to make modifications on the existing street lighting system as required enable the disconnection of the system on Tippecanoe Avenue, "C" Street and Del Rosa Avenue; and maintain street lighting on the remainder of the existing system outside of the work area, at an increase in the contract price not-to-exceed $25, 000 ; from $4, 343 , 299 . 87 to $4, 368 , 299 . 87 . S-5 Change Order No. Five - Matich Corporation - Street Improvement Construction - Tippecanoe Avenue, "C" Street (Sheppard Boulevard) & Del Rosa Drive - Modify existing telephone vaults within project work area - contract increase of $80 , 000 . (See Attached) (No Cost to City - $80, 000 from U.S. Department of Commerce, Economic Development Administration Grant & IVDA Funds) Ward 1 (Item continued on next page) 2 9/19/94 S-5 Continued. 1 MOTION: That Change Order No. Five to the contract with Matich Corporation for the construction of street r�7 improvements on Tippecanoe Avenue, "C" Street (Sheppard Boulevard) and Del Rosa Drive, in accordance with Plan No. 9053 , be approved; to authorize the contractor to modify the existing telephone vaults, located within the street improvement area; at a price not-to-exceed $80, 000, for an increase in the contract price from $4, 368 , 299 . 87 to $4 , 448 , 299 . 87 . City Clerk' s Office S-6 Resolution of the Mayor and Common Council of the City of San Bernardino ratifying judicial foreclosure actions bearing Case Nos . SCV09593 , SCV09594, SBCI09793 , SCV09790 and SCV14609 . (See ched) (Community Facilities District No. 995) MOTIO That said resolution be adopted. 3 9/19/94 ADDENDUM TO THE SUPPLEMENTAL AGENDA SEPTEMBER 19, 1994 AS-1 Temporary moratorium on the no-smoking Ordinance No. MC-905 . (See Attached) MOTION: That view of the ambivalence express-ed—by the #1 City Atte with regard to enf.oc'ement of the newly enacted 3z moking OrdinAii_ce MC-905, and the fact that a State-wi smoking ordinance becomes effective beginninS-In-Eext a motion is made to accord v nt y compliance 8t--atus to the no- smo Ordinance MC-905 until Janua y____ , 1995; and MOTION: The e-f­f_E __of this measure shQul-d---address the 12 complaints of tho- local a"blishments claiming an erosion of busin e to the proximity of surrounding comtnu ties whic currently smoking permissive.: i i�yt-ems--� 1 9/19/94 RACHEL CLARK AGENDA city clerk 2nd Floor MAYOR AND COMMON COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION AND THE JOINT POWERS FINANCING AUTHORITY OF THE CITY OF SAN BERNARDINO "September 19, 1994- 11:00 a.m." (Joint Regular Meeting) Council Chambers, City Hall ----------------------------------------------------------------- CALL TO ORDER: / e Yl --v ROLL CALL: PRESENT: f��✓ �i 2 3. qi J- ABSENT: ----------------------------------------------------------------- "'��D (PUBLIC COMMENTS ON ITEMS NOT ON AGENDA) -------------------- CONSENT CALENDAR MOTION: That the motions indicated by Consent Calendar items numbered "1"through "4"be adopted,except for items numbered: 7. JOINT POWERS FINANCING AUTHORITY (Community Development Commission) MOTION: That the Regular Meeting of the Joint Powers Financing Authority be continued to October 17, 1994. PUBLIC WORKS DEPARTMENT 2. CURBS AND GUTTER AT VARIOUS LOCATIONS-GOSNEY CONSTRUCTION BACKHOE& EQUIPMENT (Mayor and Common Council) MOTION: RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO GOSNEY CONSTRUCTION, BACKHOE&EQUIPMENT FOR INSTALLATION OF CURB AND GUTTER AT VARIOUS LOCATIONS. ----------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-9jr2 1 Date:September 19,1994 DEVELOPMENT DEPARTMENT - 3. HOUSING DIVISION QUARTERLY ACTIVITY REPORT (Community Development Commission) `MOTION: That the Community Development Commission receive and file the attached Housing Division Quarterly Activity Report for the months of April, May and June 1994. 4. INFILL HOUSING DEVELOPMENT PROGRAM ` \ (Community Development Commission) OTION: Tha munity Development Commission approve utilization of$300,000 in available FY 1994=351owf nodhouajWset-aside funds to facilitate construction of M/�A / enty-four(24) high quality single-family detachedfiomesin--sga* 'on with oung Homes and the Infill Housing Development Program. � I 3 END OF CONSENT CALENDAR 5. AWARD OF TRADE BIDS#4-CENTRAL POLICE STATION } (Community Development Commission) MOTION A: That the Community Development Commission award bids in the following 1 amounts for the following companies for work as noted, �l Company Trade Bid Item 1. $118,820 to Ben's Asphalt for #10: A/C paving 2. $113,797 to Alcovn Fence for #12: ornamental iron 3. $245,000 to Hayward Construction for #13A: architectural precast 4. $48,573 to Viking Insulation for #17: building insulation 5. $126,500 to Engineered Metal Systems for #17: building insulation 6. $305,000 to Contractors Millwork for #28: finish carpentry 7. $86,100 to Southland Door Systems for #22: coiling doors/grills 8. $8,316 to ISEC for #37D: projection screens 9. $2,486 to ISEC for #37E: entrance mats 10. $28,450 to ISEC for #37G: tack&marker boards --------------------- JOINT REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-9jr2 2 Date:September 19,1994 / MOTION B: That the Community Development Commission authorize staff to administer and ll( ( execute change orders limited to the amount of the contingency(10%: J $109,803.00) and to pool all contingency monies from trade bids numbered"1", "2",+ 3 and 4 ($973,705.00)for use among all trade bids. TO BE HEARD AT 3:00 P.M. 6. COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING (Mayor and Common Council) � OPEN PUBLIC HEARING z CLOSE PUBLIC HEARING MOTION A: That the Mayor and Common Council approve the cancellation of certain CDBG projects set forth in Exhibit"A"and transfer unexpended funds to projects recommended by the Community Development Citizens Advisory Committee. (Mayor and Common Council) OTION B: , That the Mayor and Common Council approve and adopt the Community Development Citizen Advisory Committee (CDCAC) recommendations for 1994/1995 Mid-Year CDBG-funded programs, projects and activities and authorize the Executive Director to submit the 1994-1995 Mid-Year CDBG Statement of Objectives and Projected Use of Funds to the U.S. Department of Housing and Urban Development(HUD). MOTION C: RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE CDBG FUNDING /�{�� AGREEMENTS BETWEEN THE CITY OF SAN BERNARDINO AND THE ORGANIZATIONS IDENTIFIED IN THE 1994-1995 MID-YEAR CDBG FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS APPROVED BY THE COMMON COUNCIL ON SEPTEMBER 19, 1994. -------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-9jr2 3 Date:September 19,1994 5!11 , M _ . ..., F � .... 7. ADJOURNMENT MOTION: That the meeting of the Community Development Commission be adjourned to Wednesday,September 28, 1994, at 8:00 a.m.,in the Creative Arts Building, Room 157,Cal-State University,San Bernardino,California, JOINT REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-9jr2 4 Date:September 19,1994 Ae AGENDA (CLOSED SESSION) SEPTEMBER 19, 1994 From: City Attorney' s Office 1 . CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (pursuant to Government Code S 54956. 9( a) ) 1 . Thomas Armendariz vs. James F. Penman, et al . - United States District Court Case No. 91-5757 2. Guardian Bank vs. James F. Penman, et al . - United States District Court Case No. CV 92-4415 CBM ( JRx) 3. Insurance Co. of The State of Pennsylvania vs. City of San Bernardino, et al . - United States District /IV Court Case No. 4. Edward F. Graziano, et al . vs. City of San j Bernardino, et al . - San Bernardino Superior Court / Case No. SCV 10966 5. Magdaleno vs. City of San Bernardino - San Bernardino Superior Court Case No. 248739 (B) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION 1 . Significant exposure to litigation pursuant to subdivision (b) of 5 54956. 9 Two (2 ) potential cases 0 a } pi� Ali kr A G E• N D A `%y SEPTEMBER 19, 1994 PLEASE SEE ATTACHED LIST FROM CITY ATTORNEY'S OFFICE FOR CLOSED SESSION ITEMS. ANNOUNCEMENTS BY MAYOR AND COUNCIL AWARD OF SERVICE PINS APPOINTMENTS/PRESENTATIONS CONSENT CALENDAR Motion: That the motions indicated by Consent Calendar Items through be adopted, except for , and PERSONNEL RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 , SECTION TEN, ENTITLED IN PART "A RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN . . . " ; BY UPDATING INFORMATION CODIFYING COUNCIL ACTIONS. (GENERAL UNIT) -/CITY CLERK RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES (Building Abatements) . FACILITIES MANAGEMENT RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. FINANCE RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SCHEDULE A-III ADDENDUM TO LEASE PURCHASE AGREEMENT NUMBER 33915 TO FORD MOTOR CREDIT COMPANY FOR THE FINANCING OF TWENTY SIX (26) POLICE PATROL VEHICLES, TO BE UTILIZED BY THE POLICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-94-16. (Cost to City -- $544,435.40 from General Fund) . Consent Calendar -- September 19, 1994 Page 2 PARKS, RECREATION, COMMUNITY SERVICES RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE CITY'S UTILIZATION OF MINORS IN THE JUVENILE WORK PROGRAM. (Cost to City - - $18,200 from General Fund) . POLICE RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO SIGN THE MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR A DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E. ) PROGRAM OFFICER. (Cost to City -- $62,400 from General Fund - 50% to be reimbursed by City Schools) Claims and Payroll Personnel Actions PUBLIC WORKS/ENGINEERING RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAMES OF 1ST AVENUE TO MILLER DRIVE; 3RD STREET TO GERICKE DRIVE; 5TH STREET TO BLAND DRIVE, AND "G" STREET TO TOWNSEND DRIVE; ALL WITHIN THAT AREA OF NORTON AIR FORCE BASE, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO, EFFECTIVE AS OF THE DATE OF ADOPTION OF THIS RESOLUTION. (WARD 1) (Cost to City -- $500 from General Fund) . RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO EGN CONSTRUCTION, INC. FOR STREET WIDENING IMPROVEMENTS ON THE NORTH SIDE OF MILL STREET, EAST OF "D" STREET AND THE SOUTH SIDE OF RIALTO AVENUE, WEST OF "E" STREET. (WARDS 1 AND 3) (Cost to City -- $62,500 to be recouped through assessments to property owners -- improvements to be constructed under Chapter 12 . 95 of the Municipal Code. ) AGENDA STAFF REPORTS September 19, 1994 PUBLIC WORKS/ENGINEERING -'RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SEWER CONNECTION AGREEMENT WITH LAWRENCE R. NIEZGODZKI RELATIVE TO CONNECTION OF 4060 ELECTRIC AVENUE TO THE CITY'S SEWAGE SYSTEM. RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 981 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER THE AMENDMENT AND EXPANSION OF THE DISTRICT; AND WAIVING NOTICE AND HEARING. (Cost to the City -- $5,000.00 Assessment District Fund No. 981 -- Meridian and Randall Area Landscape Maintenance Assessment District) r ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.72 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FLOOD CONTROL MEASURES. CITY ADMINISTRATOR TO BE HEARD AT 10:00 A.M. Rental Housing Inspection Program -- Presentations and set public hearing: JL P Presentation by Dave Rudisel, Community Development Manager, City of Azusa. V-dllf 641 Presentation by Ron Kemper regarding tenant screening program. Motion: 1. That Alternative Plan No. be selected in order to implement the Rental Housing Inspection Program. 2. That a public hearing be set for October 17, 1994, at 10:00 a.m. to adopt the Rental Housing Inspection Program. 1 4 Staff Reports -- September 19, 1994 Page 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH RALPH ANDERSON AND ASSOCIATES, INC. FOR SERVICES RELATING TO THE PERFORMANCE OF A MANAGEMENT AUDIT OF THE POLICE DEPARTMENT. (Cost to City -- $53,900 from Asset Forfeiture Fund). `Request for waiver of fees for use of Seccombe Lake Pavilion for Teen Faire -- October 19, 1944 -- YWCA. '/Request for co-sponsorship and waiver of City fees -- Homecoming Parade -- Aquinas High School -- September 30, 1994. "Request for co-sponsorship and waiver of City fees --Homecoming Parade --Cajon High School -- October 21, 1994. LUNCHEON WORKSHOP AT NOON -- MIC CSTI Presentation on Disaster Preparedness. CITY CLERK Designation of voting delegate and alternate to League of California Cities 1994 Annual Conference. COUNCIL OFFICE `Discussion relative to Fire Department development permit costs -- Councilmember Hernandez. PARKING DISTRICT `iZESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PARKING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ALLAN STEWARD, INC. A CALIFORNIA CORPORATION BY THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY, AND REPEALING RESOLUTION 93-70. 2 Staff Reports -- September 19, 1994 Page 3 PERSONNEL Recommended for approval by Legislative Review Committee--8/18/94-- Councilmembers Present: Valerie Pope Ludlam; David Oberhelman �In p 'Authorization to reorganize positions in the Public Works/Engineering Department. f (Cost to the City -- $3,017.00 from various landscape maintenance districts.) Establishment of salaries for Fire Department Ranges P-1, P-2, P-3, P-4&Fire Fighter Trainee, effective 8/1/94. "Establishment of salaries for Fire Department Ranges P-5,P-6, P-7, Fire Marshal & Training Officer, effective 8/l/94. Establishment of salaries for Police Department Ranges P-1, P-2, P-3, and Law Enforcement Trainee, effective 8/l/94. Establishment of salaries for Police Department Ranges P-4, P-5, P-6 & P-7, effective 8/1/94. POLICE RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO POLICE DEPARTMENT. WATER DEPARTMENT _A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A JOINT POWERS AGREEMENT CREATING A PUBLIC AGENCY KNOWN AS THE "COLTON/SAN BERNARDINO REGIONAL TERTIARY TREATMENT AND WATER RECLAMATION AUTHORITY", BY AND BETWEEN THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO. 3 CONTINUED ITEM PUBLIC WORKS/ENGINEERING Authorization to proceed and plan approval for the proposed vacation of those portions of Marshall Boulevard between Rockford and Victoria Avenues, and that portion of Piedmont Drive between Belvedere Avenue and Marshall Boulevard be approved. (Ward 4) (No cost to the City -- $1,000.00 paid by applicant.) A G E N D A SEPTEMBER 19, 1994 PLANNING To be heard at 2 p.m. : RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 94-02 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (WARD 1) (Cost to the City -- $30. 00 Fish and Game Fee Deposit. ) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDMENT CHAPTER 19 . 16, SECTION 19 . 16. 030 (2) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO FLOOD CONTROL MEASURES, FOR THE ENTIRE CITY OF SAN BERNARDINO. 'AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19 . 06, SECTION 19. 06. 030 (2) (B) , OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO ALCOHOL BEVERAGE CONTROL "ABC" LICENSES. RECE1Vh0 SUPPLEMENTAL ITEMS94 SEP 15 all .07 September 19, 1994 MAYOR '/S-1 Discuss and take possible action relative to repayment of general fund monies to the State for disallowed costs relative to program funding to Boys Club by JTPA. PUBLIC SERVICES S-2a RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING A LEASE PURCHASE MASTER AGREEMENT FOR FIRST PUBLIC FINANCE CORPORATION AND AWARDING A LEASE PURCHASE SCHEDULE 1 AGREEMENT TO FIRST PUBLIC FINANCE CORPORATION FOR THE FINANCING OF NINETY-EIGHT HUNDRED (9,800) 90 GALLON AUTOMATED REFUSE COLLECTION CONTAINERS, TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT. (Cost to the City--$535,217.30 from Refuse Enterprise Fund.) S-2b RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO TOTER, INC. FOR THE FURNISHING AND DELIVERY OF NINETY- EIGHT HUNDRED (9,800) 90 GALLON AUTOMATED REFUSE COLLECTION CONTAINERS, TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT. PUBLIC WORKS/ENGINEERING JS-3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMON USE AGREEMENT WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, LOCATED WITHIN CITY RIGHT OF WAY BENEATH THE BASELINE STREET OVERPASS, WEST OF I-215 FREEWAY. (Ward 1) _/S-4 Approval of contract Change Order No. 4 -- authorize the Contractor to make modifications on the existing street light system as required to enable the disconnection of the system on Tippecanoe Avenue, "C" Street and Del Rosa Avenue; and maintain street lighting on the remainder of the existing system outside of the work area -- increase in contract price not to exceed $25,000.00 -- Improvement of Tippecanoe Avenue, "C" Street (Sheppard Blvd.) and Del Rosa Drive -- Matich Corporation. (Ward 1) (No cost to the City -- $25,000.00 from Economic Development Administration Grant and IVDA.) S-5 Approval of contract Change Order No. 5 -- authorize the Contractor to modify the existing telephone vaults, located within the street improvement area at a price not to exceed $80,000.00 -- Improvement of Tippecanoe Avenue, "C" Street (Sheppard Blvd.) and Del Rosa Drive -- Matich Corporation. (Ward 1) (No cost to the City --$80,000.00 from Economic Development Administration Grant and IVDA.)