HomeMy WebLinkAbout11-01-1993 Reg Mtg City Clerk (1)
AGENDA
REGULAR MEETING ;'
MAYOR AND COMMON COUNCIL ✓�^ `� �G4 `�D�
CITY OF SAN BERNARDINO
inter•'
MONDAY, NOVEMBER 1, 1993 , - 8 : 00 A.M.
COUNCIL CHAMBERS
CALL TO ORDER G
ROLL CALL
PRESENT:
ABSENT:
CLOSED SESSION
1. The Mayor and Common Council and Community Development
Commission will recess to closed session for the following:
a. to confer with the attorney regarding pending
litigation pursuant to Government Code Section
54956. 9 (b) (1) , as there is significant exposure to
litigation;
b. based on existing facts and circumstances, set out
below, the City Council is meeting only to decide
whether a closed session is authorized pursuant to
California Government Code Section 54956. 9 (b) (2) ;
C. to confer with the attorney regarding pending
litigation pursuant to Government Code Section
54956.9 (c) , so that Council/Commission may decide
whether to initiate litigation;
d. to consider personnel matters pursuant to Government
Code Section 54957;
e. to confer with the Chief of Police on matters posing a
threat to the security of public buildings or a threat
to the public' s right of access to public services or
public facilities pursuant to Government Code Section
54957 ;
1 11/1/93
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:
Stubblefield Construction Company et al vs. City of San
Bernardino et al - San Bernardino County Superior Court Case
No. 242058; Court of Appeal Case No. 4th Civil No. E009749
(C/W E010088) .
END OF CLOSED SESSION
C yi
2 s� 11/1/93
.F
RECONVENE MEETING - 9: 00 A.M.
ROLL CALL
PRESENT: �1,}1, � ,v- l L , 3� �/� .� �r, �/7
ABSENT: // 9
INVOCATION: �`l , ��p fle �i�V,'2-e k,y, Ass 7-,,
PLEDGE: C
s/2 . Announcements by Mayor and Council.
/3 . PUBLIC COMMENTS ON ITEMS NOT ON AGENDA: A five-minute
limitation shall apply to each member of the public who
wishes to address the Mayor and Common Council on a matter
not on the agenda. No member of the public shall be
permitted to "share" his/her five minutes with any other
member of the public. (Usually, any items received under
this heading are referred to staff for further study,
research, completion and/or future Council action. )
4 . Appointments/Presentations.
Appointments: (Resumes are available in the City Clerk's
office)
Rabbi Hillel Cohn -- Human Relations Commission -- Mayor
Minor. (See Attached)
Marion Faulkner - Human Relations Commission -- Council
Member Curlin. (See Attached)
David E. Skeeters -- Traffic Safety Advisory Committee--
Mayor Minor. (See Attached) � .hti« U 1'115
NOTION: That said appointments be approved as requested by
Mayor Minor and Council Member Curlin.
3 11/1/93
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar
items 5 through 16 be adopted except for
// /3 , /J- and
5. Waive further reading of resolutions and ordinances.
cm7i--ON:' That further reading of all resolutions and
ordinances on the regular, supplemental and
Community Development Commission agendas, be
waived.
6. Council Minutes. (See Attached)
MOTION: That the minutes of the following meetings of the
Mayor and Common Council of the City of San
Bernardino be approved as submitted in typewritten
form:
September 7 , 1993 (Delivered on 10/20/93)
October 4 , 1993 (Delivered on 10/25/93)
C-7 /,'
Approval of FY 1992/93 Continuing Appropriation and
Encumbrance Carryovers. (See Attached)
OTION: I That the report of proposed 1992/93 Continuing
Appropriation and Encumbrance Carryovers as
submitted by the Director of Finance, be approved.
8 . Claims and Payroll. (See Attached)
MOTION:', That the claims and payroll, and authorization to
issue warrants as listed on the memorandum dated
October 27 , 1993 , from the Director of Finance, be
y'1%
approved.
9 . Pe 1 Actions. (See Attached)
ti
MOTION:- That the personnel actions submitted by the Chief
Examiner, dated October 21, 1993 , in accordance
with Civil Service Rules and Personnel Policies
adopted by the Mayor and Common Council of the
City of San Bernar be approved and ratified.
4 11/1/93
(Consent Calendar Continued)
RESOLUTIONS
MOTION: That said resolutions be adopted.
Facilities Management
10. 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 sa�--pperties. (See Attached)
y/
Parks. Recreation & Community Services
11. Resolution of the City of San Bernardino authorizing the
Director of Parks, Recreation and Community Services
Department to execute an agreement with San Bernardino
Valley College providing for the cooperative uses of the
College's Athletic Faci7- 721 -11 ', and the City's Fiscalini
Field. (See Attached)
12 . Resolution of the City of San Bernardino authorizing and
directing the execution of two agreements between the
Headstart/State Preschool Department of Human Resources
Agency for San Bernardino County and the Parks, Recreation
and Community Services Department of the City of San
Bernardino relating to the Headstart Program at the Delmann
Heights Community Center. (Program Activities & Food
Service Operation) (See At Ward 6
Personnel
13 . Resolution of the City of San Bernardino amending Resolution
No. 6413 entitled in part "A resolution . . . establishing a
basic compensation plan . . . ", by updating information
codifying prior Council ac ons. (Management Positions)
(See Attached)
5 11/1/93
(Consent Calendar Continued)
14 . Resolution of the City of San Bernardino amending Resolution
No. 6413 , Section Eleven, entitled in part "A resolution. . .
establishing a basic compensation plan . . . " by codifying
prior Council actions. (Mi Management Positions) (See
Attached)
'7 7
5. )2 Public Works/Engineering
1 Resolution of the Mayor and Common Council of the City of
San Bernardino noticing a meeting and a public hearing
relative to the formation of Underground Utility District
No. 22 , generally located along portions of 5th Street, 6th
Street, 7th Street, "F" Street, "G" Street and "H" Street.
(See Attached) Ward 1
I�
Purchasing
16. Resolution of the City of San Bernardino authorizing the
execution of an agreement between the City of San Bernardino
and Pavement Recycling Services relating to header cut and
cold planing services for street resurfacing purposes.
(Cost to City $29,227.43 -- Street Resurfacing Fund.)
(See Attached)
y '
END OF CONSENT CALENDAR
6 11/1/93
PUBLIC HEARINGS
* Public hearings scheduled for a certain time 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.
17 . 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.
l
CONTINUED ITEMS
CONTINUED FROM OCTOBER 4. 1993
18. Request by Council Member Hernandez -- to reconsider
initiation of a development code amendment -- offsite ABC
license requirements. (Backup material was originally
distributed on October 4, 1993, Item No. 31)
�-- J- A 3
CONTINUED FROM OCTOBER 4. 1993
19. Request by Council Member Hernandez -- to reconsider action
-- Appeal of Planning Commission's denial of Conditional Use
Permit No. 93-01. (Backup material was originally
distributed on October 4, 1993, Item No. 32 -- Appeal
denied)
7 11/1/93
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CONTINUED FROM AUGUST 2. 1993
20. Proposed City Fire Department Emergency Transport Services.
(Backup material was originally distributed on August 2,
1993, Item No. 35)
cajl)
STAFF REPORTS
21. Petition for recognition - Safety Manager' s Association.
(See Attached)
MOTION: i That the Mayor and Common Council deny the
petition for recognition filed by the Safety
Manager' s Association for formal recognition as
the majority representative of Fire and Police
Safety Employees in the classifications of P-5 and
i above for Fire, and P-4 and above for Police.
22 . Request to be heard regarding Assessment CFD 995, Area B-
Brad Weekley. (See Attached)
S�r
�4
8 11/1/93
MAYOR AND COMMON COUNCIL
CITY OF SAN BERNARDINO
RECONVENE MEETING
PLANNING MATTERS
MONDAY, NOVEMBER 1, 1993 - 2 : 00 P.M.
ROLL CALL Z 0&
PRESENT:
ABSENT: 410 Z : U 7-�b -7h)
TO BE HEARD AT 2:00 P.M. - CONTINUED FROM SEPTEMBER 20, 1993
23 . Appeal - Planning Commission' s approval of Tentative Tract
No. 15494 and Conditional Use Permit No. 92-34 -- A proposal
to subdivide two parcels into eight lots and to construct
seven single-family dwelling units on seven of the eight
lots in the RL, Residential Low land use designation on the
easterly side of Grande Vista Avenue 300 feet south of
Edgemont Drive. (See Attached) (Backup material was
a originally distributed on September 20, 1993, Item No. 41)
'Y Ward 5
Appellant: Ronald Perez
Applicant/Owner: G & D Construction, Inc.
V1� Location: Ward 5. The project site has a 50 foot frontage
on the easterly side of Grande Vista Avenue, beginning about
300 feet south of Edgemont Drive and extending east from
Grande Vista Avenue about 1, 500 feet in the Hillside
Management Overlay District (HMOD) .
Staff recommendation: That the Mayor and Council deny the
appeal and uphold the Planning Commission' s adoption of the
mitigated negative declaration and approval of the
X'4, Mitigation Monitoring/Reporting Program; and approval of
Tentative Tract No. 15494 and Conditional Use Permit No. 92-
�, 34 based on the attached findings of fact (Attachments 6 & 7
�. of Attachment G) and subject to the conditions of approval
(Attachment 8 of Attachment G) and standard requirements
(Attachment 9 of Attachment G) .
4.
(Continued on the next page)
9 11/1/93
23 . Continued.
Planning Commission recommendation: Adopt the mitigated
negative declaration and approve the Mitigation
Monitoring/Reporting Program; and approve Tentative Tract
No. 15494 and Conditional Use Permit No. 92-34 . VOTE:
Ayes: 4 . Nays: 3 . Absent: 2 .
Mayor to open the hearing . . .
MOT That Tentative Tract No. 15494 and Conditional Use
Permit No. 92-34 be continued to the Council
Meeting of December 6, 1993 , as requested by the
applicant.
TO BE HEARD AT
24 . Public hearing - Development Code Amendment No. 93-09 - to
allow chain link fencing to be used in all commercial,
industrial and residential land use designations when not
visible from a public street. (Citywide)
An ordinance of the City of San Bernardino amending Section
19 . 20 . 030 ( 8 ) ( 0) of the San Bernardino Municipal
(Development) Code, to allow chain link fencing in all
commercial , industrial and residential land use
designations.
Mayor to open the hearing . . .
MOTION: That the hearing be closed, that Development Code
#1 Amendment No. 93-09 be approved; and that said
ordinance be laid over for final adoption.
or
MOTION: That the hearing be closed, that the Development
#2 Code Amendment No. 93-09 be approved, subject to
the modifications recommended by the Planning
Commission; that said changes be incorporated in
the ordinance; and that said ordinance be laid
over for final adoption.
or 0
MOTION: That the hearing be closed; and that Development
#3 Code Amendment No. 93-09, be denied.
10 11/1/93
25. Adjournment.
MOTION: That the meeting be adjourned. The next meeting
will be held at 8 : 00 a.m. , Monday, November 15,
1993 , 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 comment, said
total period for public comment shall not exceed forty-
five (45) minutes, unless such time limit is extended
by the Mayor and Common Council. A five minute
limitation shall apply to each member of the public,
unless such time limit is extended by the Mayor and
Common Council. No member of the public shall be
permitted to "share" his/her five minutes with any
other member of the public.
The Mayor and Common Council may refer any items raised
by the public to staff, or to any commission, board,
bureau or committee for appropriate action or have the
item placed on the next agenda of the Mayor and Common
Council. However, no other action shall be taken nor
discussion held by the Mayor and Common Council on any
item which does not appear on the agenda unless the
action is otherwise authorized in accordance with the
provisions of subdivision (b) of Section 54954 . 2 of the
Government Code.
Public comments will not be received on any item on the
agenda when a public hearing has been conducted and
closed.
11 11/1/93
SUPPLEMENTAL AGENDA
NOVEMBER 1, 1993
S-1 Resolution of the City of San Bernardino adopting a policy
establishing goals for minority and women business
enterprises in City procurements. (See Attached)
1riOTION: � That said resolution be adopted.
S-2 An ordinance of the City of San Bernardino changing Chapter
2 . 45 of the San Bernardino Municipal Code relating to the
Human Relations Commission to Chapter 2 . 39 and amending
Section 2 . 39. 060 (h) (7) of the San Bernardino Municipal Code
relating to the taking of testimony under oath before the
HumaD Relations Commission.
MOTION; That said ordinance be laid over for final
adoption.
S-3 Closed Session -- Luncheon Meeting -- 12 : 00 p.m. -- MIC
Room.
MOTION: That the Common Council recess to a closed session
luncheon meeting 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 County
Superior Court Case No. 242998 and 242058; Court
of Appeal Case No. 4th Civil No. E009749 (C/W
E010088) .
1 11/1/93
n
R
S-4 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 the attorney regarding pending
litigation which has been initiated formally to
which the City is a party as follows:
County/ICEMA vs. City of San Bernardino - Court of
Appeal Case No. E012673 ;
City of San Bernardino vs . The Simchowitz
Corporation, et al - San Bernardino County
Superior Court Case No. 255534 .
2 11/1/93
AGENDA
(CLOSED SESSION)
November 1, 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
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 - 11/1/93
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:
City of San Bernardino vs. The Simchowitz Corporation, et al - San
Bernardino County Superior Court Case No. 255534
JFP:dd[agenda]
Now
AGENDA
(CLOSED SESSION)
November 1, 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
r' 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
November 1, 1993
PLEASE SEE ATTACHED LIST FROM CITY ATTORNEY'S OFFICE FOR CLOSED
SESSION ITEMS.
ANNOUNCEMENTS BY MAYOR AND COUNCIL
APPOINTMENTS/PRESENTATIONS
Rabbi Hillel Cohn -- Human Relations Commission --
Mayor Tom Minor
Marion Faulkner -- Human Relations Commission --
Councilman F. J. Curlin
David E. Skeeters -- Traffic Safety Advisory Committee --
Mayor Minor
CONSENT CALENDAR
Motion:
That the motions indicated by Consent Calendar Items
through , be adopted, except for ,
and
Approval of FY 1992/93 Continuing Appropriation and Encumbrance
Carryovers.
Claims and Payroll
Personnel Actions
i
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 .
Parks, Recreation & Community Services
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR
OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE
AN AGREEMENT WITH SAN BERNARDINO VALLEY COLLEGE PROVIDING FOR THE
COOPERATIVE USES OF THE COLLEGE'S ATHLETIC FACILITIES AND THE
CITY'S FISCALINI FIELD.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING
THE EXECUTION OF TWO AGREEMENTS BETWEEN THE HEADSTART/STATE
PRESCHOOL DEPARTMENT OF HUMAN RESOURCES AGENCY FOR SAN BERNARDINO
COUNTY AND THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT
OF THE CITY OF SAN BERNARDINO RELATING TO THE HEADSTART PROGRAM AT
THE DELMANN HEIGHTS COMMUNITY CENTER. (Program Activities & Food
Service Operation) WARD 6
Personnel
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO.
6413 ENTITLED IN PART "A RESOLUTION . . . .ESTABLISHING A BASIC
COMPENSATION PLAN. . . " , BY UPDATING INFORMATION CODIFYING PRIOR
COUNCIL ACTIONS. (Management Positions)
' RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO.
6413 , SECTION ELEVEN, ENTITLED IN PART "A RESOLUTION. . .ESTABLISHING
A BASIC COMPENSATION PLAN. . . " BY CODIFYING PRIOR COUNCIL ACTIONS.
(Middle Management Positions)
Public Works/Engineering
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO NOTICING A MEETING AND A PUBLIC HEARING RELATIVE TO THE
FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 22 , GENERALLY LOCATED
ALONG PORTIONS OF 5TH STREET, 6TH STREET, 7TH STREET, "F" STREET,
"G" STREET AND "H" STREET. WARD 1
Purchasing
. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PAVEMENT
RECYCLING SERVICES RELATING TO HEADER CUT AND COLD PLANING SERVICES
FOR STREET RESURFACING PURPOSES. Cost to the City $29,227 .43 --
from Street Resurfacing Fund.
AGENDA
November 1, 1993
RESOLUTIONS
PUBLIC HEARING:
City Clerk
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
STAFF REPORTS
November 1, 1993
t ; �1 'bebbti, Pd� (P"j 0r� ib)ajg3 3r �Oe )
Petition for Recognition - Safety Managers' Association.
, Request to be heard regarding Assessment CFD 995, Area B -- Mr.
Brad Weekley.
AGENDA
November 1, 1993
PLANNING
Planning & Building Services
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
19 . 20. 030 (8) (C) OF THE SAN BERNARDINO MUNICIPAL (DEVELOPMENT) CODE,
TO ALLOW CHAIN LINK FENCING TO BE USED; IN ALL COMMERCIAL,
INDUSTRIAL AND RESIDENTIAL LAND USE DESIGNATIONS WHEN NOT VISIBLE
FROM A PUBLIC STREET; IN THE FRONT AND STREET SIDE YARDS OF RS,
RESIDENTIAL SUBURBAN AND RU, RESIDENTIAL URBAN LAND USE DISTRICTS;
AND AT THE PROPERTY LINES OF COMMERCIAL OR INDUSTRIAL PARCELS WHEN
THERE IS VACANT LAND OR BUILDINGS. CITYWIDE
SUPPLEMENTAL AGENDA
NOVEMBER 1, 1993
S-1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A
POLICY ESTABLISHING GOALS FOR MINORITY AND WOMEN BUSINESS
ENTERPRISES IN CITY PROCUREMENTS.
S-2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO CHANGING
CHAPTER 2 . 45 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE HUMAN RELATIONS COMMISSION TO CHAPTER
2 . 39 AND AMENDING SECTION 2 . 39 . 060 (h) (7) OF THE SAN
BERNARDINO MUNICIPAL CODE RELATING TO THE TAKING OF
TESTIMONY UNDER OATH BEFORE THE HUMAN RELATIONS
COMMISSION.
S-3 Closed Session - Luncheon Meeting - 12 : 00 p.m. - MIC Room
"Recess to Closed Session Luncheon Meeting 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 . v. City
of San Bernardino, et al . - San Bernardino County
Superior Court Case No. 242998 and 252058 ; Court of
Appeal Case No. 4th Civil No. E009749 (C/W
E010088) . "
CITY ATiORNE7
City of San BernardioronlG l SLIP
Rau
ubrary
Administration Mayor B E R N A R D I N 0
Park.R-C•,Comm.Sery
_ Affirmative Action � MEMORANDUM
_ Animal Control personnel
_ Cemetery planning&Bldg-Servs
Central Stores police
City Clerk print Shop
_ Civil Service public Services
_ Council Office public WorksIEngr• City Attorney
_ Data processing(MIS) purchasing
_ Development Dept-- Risk Mgt-
Er
onomic Dev.Agency S.B.ET.A•
Emergency
Services Telecommunications lCil Meeting
Facilities Mgmt Treasurer
Finance Water
Fire _
Garage Est, please add the following
he Council Meeting on November
FROM: ��Ex355
DATE
COMMENTS: Dn Meeting to confer with
itigation which has been
ze City is a party to
Section 54956. 9( a) as
ATHV-2.01 pA11
Stubblefield Construction Company, et al . v. City of
San Bernardino, et al. - San Bernardino County
Superior Court Case No. 242998 and 252058; Court of
Appeal Case No. 4th Civil No. E009749 (C/W
E010088 ) . "
Y✓
HENRY EMPENO, JR. ,
Deputy City Attorney
cc: Tom Minor, Mayor
James F. Penman, City Attorney
HE/js [C1ark.Mem]
COUNCIL MEETING
SUPPLEMENTAL AGENDA
NOVEMBER 1, 1993 MJ 28 N, 1 59
From: the City Attorney' s Office:
1 . Request for Closed Session to discuss pending litigation.
Motion: That the Common Council recess to Closed
Session pursuant to Government Code Section
54956. 9( a) to confer with its attorney
regarding pending litigation which has been
initiated formally to which the City is a
party as follows:
County/ICEMA vs. City of San Bernardino - Court of Appeal
Case No. E012673
RACHEL CLARK
AGENDA CITY CLERK
2ND FLOOR
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
"November 1, 1993 - 11:00 a.m."
(Regular Meeting)
Council Chambers, City Hall
--------------------------------------------------
CALL TO ORDER: �-
ROLL CALL:
PRESENT:
ABSENT:
-------------------------------------------
(PUBLIC COMMENTS ON ITEMS NOT ON AGENDA)
--------------------
CONSENT CALENDAR
MOTION: That the motions indicated by Consent Calendar items numbered "1"through "4" be
adopted, except for items numbered:
Public Works Department
1. ADVERTISE FOR BIDS - RICHARD.-,ON STREET STORM DRAIN
(Mayor and Common Council)
MOTION:', That the plans for the installation of a storm drain in Richardson Street, from
i Davidson Street to Mission Zanja Channel, per Plan No. 8854, be approved and
that the Director of Public Works/City Engineer be authorized to advertise for
3 bids.
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GULAR MEETING COMMISSION AGENDA
KJH:Imp:cdcAlr1 Date:November 1,1993
1
2. REJECTION OF BIDS - LANDSCAPE MEDIAN IMPROVEMENTS ON WATERMAN AVENUE
(Community Development Commission)
t!TI OThat all bids for landscape median improvements in Waterman Avenue be
rejected and that the Director of Public Works/City Engineer be authorized to re-
advertise for bids in accordance with the revised Plan No. 8966.
Fire/Disaster Preparedness
APPROVAL OF CONTRACT CHANGE ORDER#1 INSTALLATION OF EARTHQUAKE
(_3.
� RESISTANT BRACING SYSTEM, PER EDA-93-0003 STABILIZER SYSTEMS INC
(Mayor and Common Council)
MO : That the Mayor and Common Council approve Change Order#1 to the Contract
t with Stabilizer Systems, Inc., to install an additional five (5) mobilehomes
Earthquake Resistance Bracing Systems (ERBS) in various mobilehomes within
the City of San Bernardino.
Development Department
4. FY1993/1994 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)AGREEMENT
BETWEEN THE CITY AND SALVATION ARMY -SAN BERNARDINO CORPS
(Mayor and Common Council)
MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT
_3 BETWEEN THE CITY OF SAN BERNARDINO AND SALVATION ARMY - SAN
BERNARDINO CORPS.
END OF CONSENT CALENDAR
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REGULAR MEETING COMMISSION AGENDA
KJH:Imp:cdc-11r1 2 Date:November 1,1993
Continued from October 21 1993
5. ARROW VISTA HOUSING DEVELOPMENT PROJECT
(Community Development Commission)
Redevelopment Committee Recommendations
MOTION A: That the Community Development Commission authorize Councilwoman Pope-
Ludlam to work with the Agency Administrator and Dukes-Dukes and
Associates for the purpose of removing the existing Small Business
Administration (SBA) lien recorded against the Arrow Vista project.
MOTION B: That the Community Development Commission allow Dukes-Dukes and
Associates to remain as a principal in the Arrow Vista project and to proceed
expeditiously with marketing and sale of existing Arrow Vista project standing
inventory.
MOTION C: That staff and Dukes-Dukes and Associates utilize the San Bernardino
Community Hospital list of interested employees as a point of departure in the
marketing and sale of the existing Arrow Vista project standing inventory.
6. ARROW VISTA - CHRONOLOGY OF EVENTS
fCommuniW Development Commission)
MOTION: That the Community Development Commission receive and file the attached
staff report and Chronology related to the Arrow Vista Project.
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REGULAR MEETING COMMISSION AGENDA
KJH:1mp:cdc-11r1 3 Date:November 1, 11993
lo. --
Agency Administration
7. ROGER'S BINDERY
(Community Development Commission)
Councilwoman PODe-Ludlam's Recommendation
MOTION A: That the Community Development Commission reconsider actions taken with
respect to Roger's Bindery on October 21, 1993.
(Community Development Commission)
MOTION B: That the Community Development Commission subordinate its "first" position on
collateral used to secure this loan to allow Roger's Bindery to obtain an
additional loan for operating capital, using the same collateral to secure the new
loan. The Agency would then be in a "second" position on the assets used as
collateral.
MOTION C: That the Community Development Commission using the existing principal
balance, develop a new amortization schedule using an interest rate which
reflects the current economic conditions.
MOTION D: That the Community Development Commission build into the new amortization
schedule a deferred period. The specific length of this deferred period is yet to
be determined.
Development Department
a. ROGER'S BINDERY - CHRONOLOGY OF EVENTS
(Community Development Commission)
MOTION: That the Community Development Commission receive and file the attached
staff report and Chronology related to Rogers Bindery.
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REGULAR MEETING COMMISSION AGENDA 4
KJH:Imp:cdc-11r1 Date: November 1, 1993
CLOSED SESSION
9. ADJOURN TO CLOSED SESSION
MOTION: That the Mayor and Common Council and Community Development
Commission recess to Closed Session for the following:
A. to confer with the attorney regarding pending litigation which has been initiated formally
to which the Commission is a party pursuant to Government Code Section 54956.9(a)
as follows:
B. to confer with the attorney regarding pending litigation pursuant to Government Code
Section 54956.9(b)(1), as there is significant exposure to litigation;
C. to confer with the attorney regarding pending litigation pursuant to Government Code
Section 54956.9(c), so that the Commission may decide whether to initiate litigation;
D. to give instruction to the Commission's negotiator on the purchase of property pursuant
to Government Code Section 54956.8. The real property which the negotiations
concern is generally located at:
E. to consider personnel matters pursuant to Government Code Section 54957.
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10. ADJOURNMENT
MOTION: That the meeting of the Mayor and Common Council/Community Development
Commission be adjourned to Monday, November 15, 1993 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 COMMISSION AGENDA -- —
K.JHAmp:cdc-11r1 5 Date: November 1, 1993