Loading...
HomeMy WebLinkAbout03-08-1993 Adj Reg Mtg Agenda AGENDA ADJOURNED REGULAR MEETING J MAYOR AND COMMON COUNCIL �1 OF THE CITY OF SAN BERNARDINO / J MONDAY, MARCH 8, 1993 - 8: 30 A.M. COUNCIL CHAMBERS CALL TO ORDER d << �� ' #7_5 ROLL CALL PRESENT: i � ABSENT: CLOSED SESSIONS 1. The Mayor and Common Council and Community Development Commission will recess to closed session for the following: a. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956. 9 (b) (1) , as there is significant exposure to litigation; b. based on existing facts and circumstances, set out below, the City Council is meeting only to decide whether a closed session is authorized pursuant to California Government Code Section 54956. 9 (b) (2) ; C. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956. 9 (c) , so that Council/Commission may decide whether to initiate litigation; d. to consider personnel matters pursuant to Government Code Section 54957; e. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public' s right of access to public services or public facilities pursuant to Government Code Section 54957; 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: 1 3/8/93 RECONVENE MEETING - 9: 30 A.M. ROLL CALL PRESENT: ABSENT: INVOCATION: PLEDGE: 3 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. Arrowhead United Way Presentation of Perpetual Trophy to City of San Bernardino -- Annie Ramos, Director of Parks, Recreation & Community Services. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 throu�gq 28 be adopted, except for , 1 -- -. , , and ,, 11 ",)-u, :t. 3 5. Waive further reading of all resolutions and ordinances. MOTION: That further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. 3 3/8/93 (Consent Calendar continued) 9. Approve transfer of funds -- $46, 854 from Park Master Plan for improvements to 21st Street parking lot at Perris Hill Park. (See Attached) (Cost to City -- $46,854 from Park Master Plan) Ward 2 NOTION: That the transfer of $46, 854 from Park Master Plan (Account #243-363-57511) to establish a line item for improvements to 21st Street parking lot at Perris Hill Park, be approved. 10. Request for waiver of fees for use of Guadalupe Ball Field for Fund Raiser Tournament in the amount of $225. Ward 6 OTION: That the request to waive the fees for use of Guadalupe Ball Field in the amount of $225, be approved. 3� 11. Authorize acceptance of payment of insurance premium in lieu of rental fees for FDR Bowl by Junior University. (See Attached) MOTION:) That the acceptance of payment of insurance premium by Junior University in lieu of rental j fees for FDR Bowl, be authorized. 12 . Approve transfer of funds -- $23 , 000 installation of in-fill paving on Mill Street, from Iris Street to Macy Street. (See Attached) (Cost to City -- $23,000 from 1/2 cent Sales Tax - Local) Ward 3 "MOTION:} That the transfer of $23 , 000 from Account No. 129- / 309-57838, "Pavement Rehabilitation South "E" Street, from Orange Show Road to Mill Street, " to 3/1 Account No. 129-309-57847 , "In-fill Paving - Mill Street, from Iris Street to Macy Street, " be approved. 5 3/8/93 (Consent Calendar continued) 16. Personnel Actions. (See Attached) MOTION- That the personnel actions submitted by the Chief Examiner dated February 24, 1993 , in accordance with Civil Service Rules and Personnel Policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. RESOLUTIONS MOTION: That the following resolutions be adopted. City Administrator 17 Resolution of the City of San Bernardino authorizing the execution of a second amendment to an agreement by and between the City of San Bernardino and Metro Display Advertising, Inc. , doing business as Bustop Shelters of California, Inc. (See Attached) 18. Resolution of the City of San Bernardino authorizing the execution of two agreements with First Interstate Bank for the provision of banking services to the City of San Bernardino and the deposit of monies. (See Attached) City Attorney 19. Resolution of the Mayor and Common Council of the City of j San Bernardino proposing the approval of a graffiti prevention tax ordinance pursuant to Revenue and Taxation Code 7287 Et. Seq. (See Attached) (See accompanying Item No. 35) f20.,/j: . ;- Resolution of the Mayor and Common Council of the City of ' San Bernardino submitting to the electors a proposed graffiti prevention tax ordinance and requesting that such special municipal election be consolidated with the special election conducted by the County of San Bernardino. (See Attached) (See accompanying Item No. 35) 7 3/8/93 (Consent Calendar continued) Public Works 26. A resolution of the City of San Bernardino finding and determining that the public convenience and necessity require the amendment of boundaries of Assessment District No. 975 by expanding the boundaries thereof to include '! additional territory in the district; to expand the scope thereof to include the maintenance of landscaping of additional territory in the district in the area of Mill and Pepper; ordering the amendment and expansion of the boundaries and scope of the district and that the Special Assessment, Investigation and Limitation Act of 1931 shall not apply and approving amended Assessment District Diagram Map No. 975. (See Attached) (Cost to City -- $4,000.00-- AD 1975 - To be paid from up front deposit by developer) Ward 3 27 . Resolution of the City of San Bernardino awarding a contract to Sonora Construction , Inc. , for in-fill street _5I1� improvements on portions of Kendall Drive and Highland Avenue (State Route 30) . (See Attached) (Cost to City-- $35,700.00 from In-Fill Street Improvements) Wards 5 & 6 ORDINANCE - FINAL READING 28 . An ordinance of the City of San Bernardino repealing San Bernardino Municipal Code 2 . 56. 140.E relating to the confidentiality of the Roster of Absentee Voters and Absent Ballot Applications. (See Attached) _7 II NOTION: That said ordinance be adopted. END OF CONSENT CALENDAR 9 3/8/93 CONTINUED ITEMS CONTINUED FROM FEBRUARY 15, 1993 31. Appeal of Board of Building Commissioners ' Decision- Abatement of Weeds - Mt. Vernon Avenue, between 15th and Evans Streets. (Backup material was distributed February 15, 1992, Item No. 29) Ward 6 Resolution of the City of San Bernardino confirming costs of abatement of public nuisances and imposing liens on certain real property located within the City of San Bernardino for the costs of the abatement. MOTION: That the appeal . Clark H. Hahne relative to the assess t made the Board of Building Commissi ers with rega d to the abateme of weeds and debris from p operty located f Mt. V(P bin Avenue, between 5th and Evan Streets cel No. 0 143 102 2 ) be den d and the sion by the Board of Bu din mmissioners be ld; and that said resolution be adopted. CONTINUED FROM FEBRUARY 15, 1993 32 . Approval of appropriation from General Reserve to City Attorney Budget to fund outside attorney and litigation costs. (Backup material was distributed February 15, 1993, Item No. S-1. See new memorandum dated March 1, 1993, from City Administrator attached. ) MOTION: ,' That the Finance Director be instructed to draw down additional amounts not to exceed $200, 000 from the General Fund reserve to fund payment of outside attorney bills from the following City r Attorney budget accounts: Litigation-Outside 1� Attorney (001-051-5-3049) and Litigation (001-051- 5-53050) . 11 3/8/93 36. An ordinance of the City of San Bernardino adding Chapter 0 8 . 68 to the San Bernardino Municipal Code requiring i15 retailers to keep certain aerosol containers and certain A n marker pens inaccessible to the public. (See Attached) / N 37. An ordinance of the City of San Bernardino amending 2.56.001 of the San Bernardino Municipal Code and repealing 2 . 56.140, 2 . 56 . 142 , 2 . 56 . 143 , 2 . 56 . 144 , 2 .56. 146, 2 . 56. 148 and 2 . 56. 160.D of the San Bernardino Municipal Code relating to absentee ballots in City elections. (See Attached) �u p 38. An ordinance of the City of San Bernardino adding Section 10 2 . 56. 195 to the San Bernardino Municipal Code relating to write-in candidates. (Alternative "A") (See Attached) An ordinance of the City of San Bernardino adding Section 2 . 56. 195 to the San Bernardino Municipal Code relating to write-in candidates. (Alternative "B") (See Attached) STAFF REPORTS 39. Selection of dates for review of the City's proposed Budget for 1993-94 . (See Attached) MOTION: That May 13 , 19, 21, 24 and 25 be considered for selection as dates for Mayor and Council review of the City' s proposed Budget for FY 1993/94 . 13 3/8/93 43 . Approval of plans and authorization to advertise for bids-- Pavement rehabilitation on Waterman Avenue, from Barton Road to Redlands Boulevard. (See Attached) (Cost to City-- $519,000 from Pavement Rehabilitation, Waterman Avenue, Barton Road to Redlands Boulevard) Ward 3 NOTION: That the plans for rehabilitating pavement, installing storm drain and traffic signal. interconnect, in Waterman Avenue, from Barton Road_. to Redlands Boulevard, in accordance with Plan No. 8869, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. 15 3/8/93 Resolution of the City of San Bernardino adopting the negative declaration of environmental impact and adopting General Plan Amendment No. 91-17 to the General Plan of the City of San Bernardino. Mayor to open the hearing. . . k MOTION: That the hearing be closed; that said resolution be adopted which adopts the negative declaration and approves General Plan Amendment No. 91-17. TO BE HEARD AT 2:00 P.M. 46. Public hearing - General Plan Amendment No. 90-06 and Development Code Amendment No. 92-01 - to change the General Plan land use designation from RU-1, Residential Urban to CG-1, Commercial General on approximately 29. 7 acres of land and the adjacent 7. 1 acre parcel located at the intersection of Little League Drive and Palm Avenue. (See Attached) (Cost to City -- $875.00 from Fish & Game/County Fees for EIR) Ward 5 Resolution of the City of San Bernardino certifying the environmental impact report; and adopting findings, statements of overriding consideration and mitigation monitoring program; adopting General Plan Amendment No. 90- 06 to amend the General Plan Land Use Plan Map and Text and Circulation Plan Map. An ordinance of the City of San Bernardino amending Sections 19 . 06. 010(2) and 19. 06. 030 (1) and Table 06. 01 - Commercial and Industrial Districts List of Permitted Uses, Table 06. 02 - Commercial Zones Development Standards and Table 06.03- Commercial and Industrial Districts Specific Standards of the San Bernardino Municipal Code (Title 19 - The Development Code) to establish the CG-5, Commercial General - Verdemont Area Land Use Designation/Zone, Permitted Uses and Development Standards. Mayor to open the hearing. . . (See motion next page) 17 3/8/93 NOTICE: Any member of the public may address this meeting of the Mayor and Common Council on any item appearing on the agenda, by approaching the microphone in the Council Chambers when the item about which the member desires to speak is called, and by asking to be recognized. Any member of the public desiring to speak to the Mayor and Common Council concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and Common Council, may address the body at the beginning of the meeting, during the period reserved for public comments, said total period for public comment shall not exceed forty- five (45) minutes, unless such time limit is extended by the Mayor and Common Council. A five minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and Common Council. No member of the public shall be permitted to "share" his/her five minutes with any other member of the public. The Mayor and Common Council may refer any items raised by the public to staff, or to any commission, board, bureau or committee for appropriate action or have the item placed on the next agenda of the Mayor and Common Council. However, no other action shall be taken nor discussion held by the Mayor and Common Council on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954 . 2 of the Government Code. 19 3/8/93 SUPPLEMENTAL AGENDA MARCH 8, 1993 S-1 Request for closed session to confer with the attorney regarding pending litigation which as been initiated formally to which the City is a party to pursuant to Government Code Section 54956.9 (a) as follows: Magdaleno vs. City of San Bernardino - San Bernardino Superior Court Case No. 248739; Saab vs. City of San Bernardino - San Bernardino Superior Court Case No. 234561/Court of Appeal No. E011467; Victor Aguilar, et al vs. Cal Nev Pipeline Co. , - Los Angeles Superior Court Case No. C751026; Edmena Burney, et al vs. So. Pac. Transportation Co. - Los Angeles Superior Court Case No. BC 000876; James Dickey, Inc. , vs. Cal Nev Pipeline Co. , City et al- San Bernardino Superior Court Case No. 251310; Ervin Hawkins et al vs. So. Pac. Transportation Co. , - Los Angeles Superior Court Case No. BC 000825; Fred Ledbetter vs. City of San Bernardino - San Bernardino Superior Court Case No. 256173; Mary E. Washington vs. So. Pac. Transportation Co. - San Bernardino Superior Court Case No. 256346; Durrell Lucas et al vs. Lake Minerals Corporation, et al- San Bernardino Superior Court Case No. 255165; Leslie Bond vs. Community Development Commission, et al- San Bernardino Superior Court Case No. 276373 ; Paul Stark vs. City of San Bernardino - San Bernardino Municipal Court Case No. 138304. 1 3/8/93 a � S-2 Resolution urging the United States Bankruptcy Court to remain in San Bernardino. MOTION: That said resolution be adopted. S-3 An ordinance of the City of San Bernardino amending San Bernardino Municipal Code 2 .56. 110A to provide that polls in City elections shall remain open until 8 : 00 p.m. (See At ed) MOTION) That said ordinance be laid over for adoption. �7 S-4 Authorization to certify the San Bernardino Primary Municipal Election Results - March 2 , 1993 . (See Attached) "10 That the results of the Municipal Primary Election held on March 2, 1993 , as set forth in the j Statement of Votes Cast and Certified, be declared /7 official as set forth in the document prepared by the City Clerk's Office. 2 3/8/93 AGENDA (CLOSED SESSION) 3/8/93 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 - 3/8/93 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: Stubblefield Construction Company, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Tomas Armendariz, et al vs. James F. Penman, et al - United States District Court - Case No. 91-5757; JFP:dd[agenda] AGENDA - 3/8/93 CLOSED SESSION CASES Page 3 Julie M. Thompson v. City of San Bernardino, et al United States District Court - Case No. SA CV-92-888 GT (RWRx) ; Wirth vs. Adams/City of San Bernardino - San Bernardino Superior Court Case No. 251346; Wesley vs. City of San Bernardino - San Bernardino Superior Court Case No. 265422 JFP:dd[agenda] A G E N D A MARCH 8, 1993 PLEASE SEE ATTACHED LIST FROM CITY ATTORNEY'S OFFICE FOR CLOSED SESSION ITEMS. ANNOUNCEMENTS BY MAYOR AND COUNCIL APPOINTMENTS/PRESENTATIONS Arrowhead United Way Presentation of Perpetual Trophy to City of San Bernardino -- Annie Ramos, Director of Parks, Recreation & Community Services. CONSENT CALENDAR Motion: That the motions indicated by Consent Calendar Items through be adopted, except for , and Y Set Public Hearing -- March 22 , 1993 -- proposed fee increases to clean-up deposits and damage bonds relating to the use of City Facilities -- Parks, Recreation and Community Services. Certification of San Bernardino Primary Municipal Election Results - March 2 , 1993 . ✓Authorize salary increase from $8. 00 to $9 . 00/hr. -- Summer Youth Specialist -- SBETA " -,/Approve transfer of funds -- $46, 854 from Park Master Plan for improvements to 21st Street parking lot at Perris Hill Park. (WARD 2) Cost to City -- $46,854 from Park Master Plan. J Request for waiver of fees for use of Guadalupe Ball Field for Fund Raiser Tournament in the amount of $225. (WARD 6) Authorize acceptance of payment of insurance premium in lieu of rental fees for FDR Bowl by Junior University. Approve transfer of funds -- $23 , 000 installation of In-Fill Paving on Mill St, from Iris Street to Macy Street. (WARD 3) Cost to City $23,000 from 1/2 cent Sales Tax - Local. /Authorization to Proceed: Mill/Burney Landscape Maintenance District (WARD 3) . 'Approval of Change Order No. 1 -- installation of additional traffic signalization equipment at the intersection of Mt. Vernon Avenue and 6th Street -- contract increase of $15, 000 -- Traffic Signal Modifications and Interconnect on Mt. Vernon Avenue from 5th Street to Baseline Street. (WARDS 1 & 6) Cost to City $15,000 from Street Construction Fund. Claims and Payroll - Personnel Actions RESOLUTIONS CITY ADMINISTRATOR RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A SECOND AMENDMENT TO AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND METRO DISPLAY ADVERTISING, INC. DBA BUS STOP SHELTERS OF CALIFORNIA, INC. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENTS WITH FIRST INTERSTATE BANK FOR THE PROVISION OF BANKING SERVICES TO THE CITY OF SAN BERNARDINO AND THE DEPOSIT OF MONIES. CITY ATTORNEY RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROPOSING THE APPROVAL OF A GRAFFITI PREVENTION TAX ORDINANCE PURSUANT TO REVENUE AND TAXATION CODE SECTION 7287 ET SEQ. (SEE ORDINANCE # ) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED GRAFFITI PREVENTION TAX ORDINANCE AND REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE SPECIAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. 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. FIRE/EMERGENCY SERVICES RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE OFFICE OF EMERGENCY SERVICES FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE IN CONJUNCTION WITH THE DECLARED STATE OF EMERGENCY ISSUED FOR THE COUNTY OF SAN BERNARDINO AS A RESULT OF RAIN STORMS BETWEEN JANUARY 5-22 , 1993 . PERSONNEL RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO POLICE OFFICERS' ASSOCIATION (SBPOA) TO ESTABLISH A TRUST FUND. (Cost to City -- $438,126.08 from POA Trust Account) PUBLIC SERVICES A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING A COMMERCIAL CARDBOARD RECYCLING PILOT PROGRAM. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT. PUBLIC WORKS A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 975 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT; TO EXPAND THE SCOPE THEREOF TO INCLUDE THE MAINTENANCE OF LANDSCAPING OF ADDITIONAL TERRITORY IN THE DISTRICT IN THE AREA OF MILL AND PEPPER; ORDERING THE AMENDMENT AND EXPANSION OF THE BOUNDARIES AND SCOPE OF THE DISTRICT AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY AND APPROVING AMENDMENT ASSESSMENT DISTRICT DIAGRAM MAP NO. 975. (WARD 3) COST TO CITY - $4,000.00 -- AD #975 - TO BE PAID FROM UP FRONT DEPOSIT BY DEVELOPER. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SONORA CONSTRUCTION, INC. FOR IN-FILL STREET IMPROVEMENTS ON PORTIONS OF KENDALL DRIVE AND HIGHLAND AVENUE (STATE ROUTE 30) . WARDS 5&6 (Cost to City -- $35,700.00 from In-Fill Street Improvements) END OF CONSENT CALENDAR A G E N D A MARCH 8, 1993 RESOLUTIONS RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO PAUL GARDNER CORPORATION FOR INSTALLATION OF TRAFFIC SIGNALS AND HIGHWAY LIGHTING AT ORANGE SHOW ROAD/AUTO PLAZA DRIVE AT I-215 FREEWAY RAMPS. (WARD 3) COST TO CITY -- $196,000 FROM STREET CONSTRUCTION FUND. HEARINGS TO BE HEARD AT 10:00 A. M. V/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. A G E N D A March 8, 1993 CONTINUED ITEMS: JApproval of appropriation from General Reserve to City Attorney Budget to fund outside attorney and litigation costs. NOTE: See memorandum from City Administrator. A G E N D A MARCH 8, 1993 ORDINANCES � ,AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3 .75 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A GRAFFITI PREVENTION TAX SUBJECT TO THE APPROVAL OF TWO-THIRDS OF THE VOTERS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7287 ET SEQ. (SEE RESOLUTION #_ , -'AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8 . 68 TO THE SAN BERNARDINO MUNICIPAL CODE REQUIRING RETAILERS TO KEEP CERTAIN AEROSOL CONTAINERS AND CERTAIN MARKER PENS INACCESSIBLE TO THE PUBLIC. '/,AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2 . 56. 001 OF THE SAN BERNARDINO MUNICIPAL CODE AND REPEALING SECTIONS 2 . 56. 140, 2 . 56. 142 , 2 . 56. 143 , 2 . 56. 144 , 2 . 56. 146, 2 . 56. 148 AND 2 . 56. 160. D OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ABSENTEE BALLOTS IN CITY ELECTIONS. 'AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2 . 56. 195 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO WRITE-IN CANDIDATES. (ALTERNATIVE "A") ✓AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2 . 56. 195 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO WRITE-IN CANDIDATES. (ALTERNATIVE "B") A G E N D A STAFF REPORTS MARCH 8, 1993 SELECTION OF DATES FOR REVIEW OF CITY'S PROPOSED BUDGET FOR 1993- 94 . J AUTHORIZE EXECUTION OF AGREEMENT WITH DIKE PARTNERSHIP FOR THE DEVELOPMENT OF A BICYCLE MASTER PLAN AT A COST NOT TO EXCEED $35, 000. (COST TO CITY - $35,000 FROM POLLUTION REDUCTION FUND) i DISCUSS AND TAKE POSSIBLE ACTION REGARDING DOWNTOWN PARKING. REQUEST FOR WAIVER OF FEES IN THE AMOUNT OF $231. 00 FOR USE OF SECCOMBE LAKE PARK AND FACILITIES BY RETURNING HOME, INC. (WARD 1) APPROVAL OF PLANS & AUTHORIZATION TO ADVERTISE FOR BIDS - PAVEMENT REHABILITATION ON WATERMAN AVENUE, FROM BARTON ROAD TO REDLANDS BLVD. (WARD 3) COST TO CITY - $519,000 FROM PAVEMENT REHABILITATION, WATERMAN AVENUE, BARTON ROAD TO REDLANDS BLVD. A G E N D A MARCH 8, 1993 PLANNING TO BE HEARD AT 2 :00 P.M. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 92-11 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-17 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. 1 RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT; AND ADOPTING FINDINGS, STATEMENTS OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING PROGRAM; ADOPTING GENERAL PLAN AMENDMENT NO. 90-06 TO AMEND THE GENERAL PLAN LAND USE PLAN MAP AND TEXT AND CIRCULATION PLAN MAP. (WARD 6) COST TO CITY $875.00 - FISH & GAME COUNTY FEES EIR. -'AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19 . 06. 010 (2) AND 19. 06. 030 (1) AND TABLE 06. 01 - COMMERCIAL AND INDUSTRIAL DISTRICTS LIST OF PERMITTED USES, TABLE 06. 02 - COMMERCIAL ZONES DEVELOPMENT STANDARDS AND TABLE 06. 03 - COMMERCIAL AND INDUSTRIAL DISTRICTS SPECIFIC STANDARDS OF THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19 - THE DEVELOPMENT CODE) TO ESTABLISH THE CG-5, COMMERCIAL GENERAL - VERDEMONT AREA LAND USE DESIGNATION/ZONE, PERMITTED USES AND DEVELOPMENT STANDARDS. A G E N D A SUPPLEMENTAL MARCH 8, 1993 S- 1 . Request for Closed Session to discuss pending litigation. Motion: That the Common Council recess to Closed Session pursuant to Government Code Section 54956. 9( a) to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: Additional Cases (3/3/93) Magdaleno vs. City of San Bernardino - San Bernardino Superior Court Case No. 248739; Saab vs. City of San Bernardino - San Bernardino Superior Court Case No. 234561/Court of Appeal No. E011467 Victor Aguilar, et al vs. Cal Nev Pipeline Co. - Los Angeles Superior Court Case No. C751026; Edmena Burney, et al vs. So. Pac. Transportation Co. - Los Angeles Superior Court Case No. BC 000876; James Dickey, Inc. , vs. Cal Nev Pipeline Co. , City et al - San Bernardino Superior Court Case No. 251310; Ervin Hawkins, et al vs. So. Pac. Transportation Co. , - Los Angeles Superior Court Case No. BC 000825; Fred Ledbetter vs. City of San Bernardino - San Bernardino Superior Court Case No. 256173; Mary E. Washington vs. So. Pac. Transportation Co. — San Bernardino Superior Court Case No. 256346; Durrell Lucas, et al vs. Lake Minerals Corporation, et al - San Bernardino Superior Court Case No. 255165; Leslie Bond vs. Community Development Commiss_Lon, et al - San Bernardino Superior Court Case No. 276373 Paul Stark vs. Cite of San Bernardino - San Bernardino Mun-_C4 � l Court Case No. 138304 A G E N D A SUPPLEMENTAL MARCH 8, 1993 S-2 RESOLUTION URGING THE UNITED STATES BANKRUPTCY COURT TO REMAIN IN SAN BERNARDINO. a / RACHEL KRAS14EY (AGENDA) CITY CLERK AGENDA 2ND FLOOR MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO "March 8, 1993 - 11:00 a.m." (Regular Meeting) Council Chambers, City Hall --------------------------------------------------------------- CALL TO ORDER: ROLL CALL: 3 PRESENT: ABSENT: ----------------------------------------------------------------- (PUBLIC COMMENTS ON ITEMS NOT ON AGENDA) -------------------- CONSENT CALENDAR MOTION: That the motions indicated by Consent Calendar items numbered "1"through "17 " be adopted, except for items numbered: 5 1. COMMUNITY DEVELOPMENT COMMISSION MINUTES (Community Development Commission) tTI That the minutes of the Community Development Commission of the City of San Bernardino for the meeting of February 1, 1993, February 15, 1993 and February 22, 1993, be approved as submitted in typewritten form. ---------------- ----------------- -------------------------------------------------------------- REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-3r1 1 Date: March 8, 1993 t Public Works 2. REPLACE STREET NAME SIGNS ON RIALTO AVENUE AND TIPPECANOE AVENUE (Community Development Commission) MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO PLAISS COMPANY FOR REPLACING STREET NAME SIGNS ON RIALTO AVENUE 0('� AND TIPPECANOE AVENUE. ----------------- ----------------- 3. IN-FILL STREET IMPROVEMENTS ON ARTERIAL AND COLLECTOR STREETS (Community Development Commission) MOTION. That Change Order No. 1 to the contract with Bob Britton, Inc., for in-fill street improvements, in accordance with Plan No. 8842, be approved; to include street improvements and a pedestrian walkway ramp on Sierra Way, North of 44th Street, at an estimated increase in the contract price of$21,764.00; from $364,186.80 to $386,186.80. ----------------- ----------------- Agency Administration 4. BUSINESS RETENTION SURVEY (Community Development Commission) MOTION: That the Community Development Commission direct staff to prepare and execute an agreement between the San Bernardino Valley College and the Economic Development Agency as Co-lead Agency sponsor in the Inland Empire East Region Business Retention and Expansion Survey for an amount not to exceed $40,000. ---------------- ----------------- ----------------------------------------- REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-3r1 2 Date: March 8, 1993 5. 1993 ROUTE 66 RENDEZVOUS (Community Development Commission) MOTION: That the Community Development Commission authorize the payment of $35,000 to the San Bernardino Convention and Visitors Bureau to fund one half / of the public relations campaign for the 1993 Route 66 Rendezvous event. ----------------- ----------------- Development Department 6. AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TEDDY BEAR TYMES CHILD CARE CENTER. INC. (Mayor and Common Council MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF 117 A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TEDDY BEAR TYMES CHILD CARE CENTER, INC. ----------------- ----------------- 7.0 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOUNG WOMEN'S CHRISTIAN ASSOCIATION (Mayor and Common Council tTI RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING AND THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOUNG WOMEN'S CHRISTIAN ASSOCIATION, INC.. ----------------- ---------------- ------------------------------------ REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-3r1 3 Date: March 8, 1993 8. AGREEMENT BETWEEN CITY AND COUNTY OF SAN BERNARDINO AND AUTHORITY FOR HANDICAPPED TO CONSTRUCT ANNEX FOR CENTER FOR INDIVIDUALS WITH DISABILITIES (CID) FACILITY (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 BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO, AND THE AUTHORITY FOR THE HANDICAPPED. ---------------- ---------------- 9. AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO ON BEHALF OF THE CENTER FOR INDIVIDUALS WITH DISABILITIES (CID) (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 BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO, AND THE AUTHORITY FOR THE HANDICAPPED. ---------------- ---------------- 10. DANNY'S TOWING -CONDITIONAL USE PERMIT (CUP) APPLICATION (Community Development Commission) MOTION: That the Community Development Commission approve a small business loan not to exceed $9,400 for development fees and professional services for I + Danny's Towing to submit a CUP application and authorize the Chairman and I Executive Director to develop and execute agreements accordingly. ---------------- ---------------- ------------------------------------- REGULAR MEETING COMMISSION AGENDA KJH:Imp:cdc3r1 4 Date: March 8,1993 11. MEDIAN LANDSCAPE IMPROVEMENTS OF WATERMAN AVENUE FROM THE SANTA ANA RIVER TO MILL STREET (Community Development Commission) MOTION: That the Community Development Commission approve funding not to exceed $163,000 for median landscape improvements to Waterman Avenue from the i Santa Ana River to Mill Street and authorize the Chairman and Executive Director to develop and execute agreements accordingly. ---------------- ---------------- 12. LEASE OF WAREHOUSE SPACE AT 223 SOUTH "G" STREET (Community Development Commission) TTION: That the Community Development Commission approve the lease terms and conditions between the Redevelopment Agency of the City of San Bernardino and Mr. R. Von Ossko of R.G.O. Auto Cellular and Wholesale Service for the I� lease of approximately 8,000 square feet of warehouse and office space located at 223 South "G" Street and direct staff to prepare and execute all necessary documents for said lease of property. ---------------- ---------------- 13. PURCHASE OF 578 NORTH MT. VERNON AVENUE (Community Development Commission) MOTION: That the Community Development Commission direct staff to prepare all necessary documents for the purchase of property known as 578 North Mt. ' Vernon Avenue for a total cost of$108,000 and authorize the Chairman and 1 Executive Director to execute same. ---------------- 14. IMPROVEMENTS TO 423 NORTH "E" STREET FOR PARKING LOT NUMBER 2 (Community Development Commission) MOTION:) That the Community Development Commission authorize the Executive Director to proceed with the allocation of approximately $49,500 for the development and construction of necessary improvements of a parking lot located on the vacant site at 423 North "E" Street. ---------------- ----------------- --------------------------------------- GULAR MEETING COMMISSION AGENDA KJH:Imp:cdc-3r1 5 Date: March 8,1993 15. COURT STREET SQUARE CONSTRUCTION UPDATE (Community Development Commission) MOTION That the Community Development Commission receive and file the attached staff report regarding Court Street Square construction progress. 016- UNREINFORCED MASONRY BUILDING INSPECTION PROGRAM (Mayor and Common Council MOTION: That the Mayor and Common Council authorize the Executive Director to execute contracts with Badee Engineering and Construction, Vandani Group and Unitek Structural Services for an amount not-to-exceed $121,041, for �I testing and cost analysis of all unreinforced masonry buildings identified on the City's unreinforced mansonry building list and, further, authorizing the Executive Director to make adjustments to contract allocations as needed, but in no case exceeding $121,041 for all contracts executed. ---------------- ----------------- 17. CONFLICT OF INTEREST CODE (Community Development Commission) OTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, AMENDING RESOLUTION NO. 4420 (AS I I1 AMENDED BY RESOLUTION NOS. 4852, 5048 AND 5087) ENTITLED IN PART, -RESOLUTION . . . ADOPTING A TO ADD, DELETE AND CHANGE THE TITLES OF VARIOUS POSITIONS WITHIN THE ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO WHICH MUST FILE CONFLICT OF INTEREST STATEMENTS. ---------------- ----------------- END OF CONSENT CALENDAR -------------------------- ----------------------- REGULAR MEETING COMMISSION AGENDA K.1H:Imp:cdc-30 6 Date: March 8,1993 AgencY Administration 18. DEMOLITION OF PLATT BUILDING (Mayor and Common Council) (Community Development Commission) MOTION: That tb Community Development Commissi�o -� er the motion submitted by�ouncilman Hern dez to demo' a Ptf� latt Building. 1,5 ----------------- ----------------- CLOSED SESSION 19. 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. ------------- -------------- END OF CLOSED SESSION --------------------- ------------ ------------------------------ REGULAR MEETING -------- COMMISSION AGENDA KJH:Imp:cdc-3rl 7 Date: March 8, 1993 20. ADJOURNMENT MOTION: That the meeting of the Mayor and Common Council/Community Development Commission be adjourned to Monday, March 22, 1993, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. -------------- -------------- -------------------------- ----------------------- REGULAR MEETING COMMISSION AGENDA KJH:1mp:cdc-3r1 8 Date: March 8,1993 RACHEL KRASNEY SUPPLEMENTAL CITY CLERK AGENDA 2ND FLOOR MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO "March 8, 1993 - 11:00 a.m." (Regular Meeting) Council Chambers, City Hall ----------------------------------------------------------------- CALL TO ORDER: ROLL CALL: PRESENT: ABSENT: ----------------------------------------------------------------- RS-1. MOBILEHOME PARK RENT STABILIZATION ORDINANCE (Mayor and Common Council MOTTO That the Mayor and Common Council waive further reading of the following ordinance and layover for final adoption: AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.90 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO MOBILEHOME PARK RENT STABILIZATION (FIRST READING). ----------------- ----------------- ---------------------------------------------------------------- REGULAR MEETING COMMISSION SUPPLEMENTAL AGENDA KJH:Imp:supp-3r1 1 Date: March 8, 1993 RS-2. ADVERTISE FOR BIDS - INSTALLATION OF TRAFFIC SIGNALS AND HIGHLAND AVENUE AND BOULDER AVENUE (Community Development Commission) MOTION A: That the plans for installation of traffic signals at Highland Avenue and Boulder Avenue, in accordance with Plan No. 8801, be approved; and the Director of r-' Public Works/City Engineer be authorized to advertise for bids. ----------------- ----------------- AND MOTION B ) That the installation of temporary traffic signals at Highland Avenue and Boulder Avenue, in accordance with a plan approved by Caltrans and Encroachment permit issued by Caltrans, at an estimated cost of$15,000 - $20,000, be i approved, with all costs to be financed by the Wal-Mart Development. ----------------- ---------------- RS-3. REHABILITATION OF PERRIS HILL SWIMMING POOL AND BATHHOUSE N --,� (Community Development Commission) MOTION: ,r RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CALIFORNIA POOLS, INC., FOR REHABILITATION OF PERRIS HILL SWIMMING POOL AND BATHHOUSE, AND APPROVING CONTRACT CHANGE ORDER NO. ONE. ----------------- ---------------- RS-4, FY 1993/1994 CDBG PROGRAM MIX (Mayor and Common Council munity Development Citizens Advisory Committee Recommendation MOTION: That the Mayor and Common Council approve and adopt the FY 1993/1994 CDBG Program Mix for the period beginning July 1, 1993 and ending June 30, 1994 and authorize staff to solicit proposals for same. I ---------------------------------------------------------------- REGULAR MEETING COMMISSION SUPPLEMENTAL AGENDA KJH:Imp:supp-ar1 2 Date: March 8, 1993 RS-5, HERITAGE BUILDING _JERSEY SPORTS BAR BUSINESS ATTRACTION (Community Develoument Commission) MOTION: That the Community Development Commission approve in concept a loan guarantee of$1,188,300 for Heritage Investors in connection with the establishment of the Jersey Sports Club within the Heritage Building, and that an existing tax-exempt Industrial Development Bond on the Heritage Building, in the original amount of$923,000, be extended for an additional ten (10) years. ----------------- ---------------- CLOSED SESSION RS-6. 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 F. 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. ------------- -------------- END OF CLOSED SESSION --------------------- RS-7. ADJOURNMENT MOTION: That the meeting of the Mayor and Common Council/Community Development Commission be adjourned to Monday, March 22, 1993, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ---------------------------------------------------------------- REGULAR MEETING COMMISSION SUPPLEMENTAL AGENDA KJH:Imp:supp-3r1 3 Date: March 8, 1993