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HomeMy WebLinkAbout06-03-1991 Minutes City of San Bernardino, California June 3, 1991 The regular meeting City of San Bernardino Chambers of City Hall, California. of the Mayor and Common Council of the convened at 8:35 a.m., in the Council 300 North "D" Street, San Bernardino, READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Jones read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas. INAUGURAL CEREMONY FOR NEWLY-ELECTED OFFICIALS (1) At 9:00 a.m., Monday, June 3, 1991, Mayor Holcomb called to order the Inaugural Ceremony for newly-elected officials Council Members Ralph Hernandez, Tom Minor, Valerie Pope-Ludlam, Norine Miller; City Attorney James Penman; David, City Clerk Rachel Krasney and David Kennedy, City Treasurer in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The invocation was given by Reverend Elijah S. Singletary, New Life Missionary Baptist Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Colonel Diamond, Commander, Aerospace Audiovisual Services, Force Base. Thomas E. Norton Air ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: None. OATH OF OFFICE - RACHEL KRASNEY, CITY CLERK The Honorable Richard C. Hubbell, Judge of the Superior Court, Los Angeles, administered the Oath of Office to Rachel Krasney, City Clerk. OATH OF OFFICE - DAVID C. KENNEDY, CITY TREASURER The Honorable John W. Kennedy, Jr., Judge of the Superior Court, San Bernardino, administered the Oath of Office to David C. Kennedy, City Treasurer. 1 6/3/91 OATH OF OFFICE COUNCIL MEMBER HERNANDEZ, MEMBER MINOR, COUNCIL MEMBER POPE-LUDLAM, MEMBER MILLER AND CITY ATTORNEY PENMAN City Clerk Krasney administered the Oath of Office to Council Member Ralph Hernandez, Third Ward; Council Member Tom Minor, Fifth Ward; Council Member Pope-Ludlam, Sixth Ward; Council Member Norine Miller, Seventh Ward; and James Penman, City Attorney. COUNCIL COUNCIL HONORARY MAYOR - ALEXIS MURPHY Mayor Holcomb introduced Alexis Murphy honorary Mayor for the day. Alexis was writing the best essay on why she wanted to (2) who was designated as being recognized for be Mayor for the day. RECESS MEETING - RECEPTION FOR NEWLY-ELECTED OFFICIALS At 9:45 a.m., the meeting was recessed until 10:00 a.m. to hold a reception honoring the newly-elected and re-elected City officials in the lobby area of City Hall. RECONVENE MEETING At 10: 08 a.m., Mayor Pro Tern Minor reconvened the regular meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL RoIl call was taken with the following being present: Mayor Pro Tern Minor; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam. Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Mayor Holcomb, Council Member Miller. COUNCIL MEMBER MILLER RETURNED At 10:09 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. ANNOUNCEMENTS BY COUNCIL MEMBER REILLY - RESURFACING OF BASELINE STREET (2) Council Member Reilly thanked the Council for authorizing the rehabilitation of Baseline Street. ANNOUNCEMENT BY COUNCIL MEMBER MAUDSLEY POLICE DEPARTMENT BICYCLE PATROL DOWNTOWN AREA (2) Council Member Maudsley announced that he had received many compliments from business owners in the downtown area regarding the success of the Police Department's bicycle patrol program. PUBLIC COMMENTS - ROBERT CANTU Robert Cantu, P. O. Box 1411, San Bernardino, timely reply on his request for funding assistance building located on "D" Street. (3) CA requested a for the Sawyer 2 6/3/91 APPOINTMENT LEOLA HAYNES SENIOR AFFAIRS COMMISSION (4) In a memorandum dated May 24, 1991, Mayor W. R. "Bob" Holcomb recommended the appointment of Leola Haynes to the Senior Affairs Commission, as requested by Council Member Pope-Ludlam. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointment of Leola Haynes to the Senior Affairs Commission as requested by Council Member Pope-Ludlam, be approved. WAIVE READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that further reading of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. COUNCIL MINUTES - FEBRUARY 12, 1991, MARCH 4, 1991, MARCH 27, 1991, APRIL 1, 1991, APRIL 2, 1991, AND APRIL 17, 1991 (6) Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, 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: February 12, 1991; March 4, 1991; March 27, 1991; April 1, 1991; April 2, 1991; and April 17, 1991. OUT-OF-STATE TRAVEL - DENVER COLORADO - JUNE 17 THROUGH 21, 1991 TRAINING SEMINAR CONVERSION OF CITY'S BUSINESS SYSTEM SOFTWARE - MARK YAVORNICKY (7) In a memorandum dated May 20, 1991, Janis Ingels, Data Systems Manager, requested authorization for Mark Yavornicky, Programmer I, to travel out of state to Denver COlorado, June 17, 1991 through June 22, 1991, to attend a training seminar regarding the conversion of the City's business system application software. Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that out-of-state travel to Denver Colorado, the week of June 17, 1991, by Mark Yavornicky, Programmer I, for the purpose of receiving training and assisting in the conversion of City business system application software, be approved. CHANGE ORDER NO. TWO - CONTRACT EXTENSION FOR ONE YEAR -LANDSCAPING MAINTENANCE IN TRACT NO. 13470 - PIEDMONT DRIVE AND CITRUS STREET ASSESSMENT DISTRICT NO. 982 (10) In a memorandum dated May 9, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, requested approval of Change Order No. Two to the contract with MacKenzie Landscaping, to extend the contract for one year from July 1, 1991 to June 30, 3 6/3/91 1992. Change Order No. Two expands the scope of work to include landscaping maintenance in portions of Piedmont Drive and Citrus Street, per Plan No. 7384, Assessment District No. 982. Council Member Maudsley made a motion, seconded by Council Member Reilly, and unanimously carried, that contract Change Order No. Two to the contract with MacKenzie Landscape, for maintenance of landscaping in Assessment District 982, in accordance with Plan No. 7384, be approved; to extend the contract for a period of one year, from July 1, 1991 to June 30, 1992, and expand the scope of work to include landscaping within Tract No. 13470; and increase the annual contract price by $1,800, from $4,800 to $6,600. CLAIMS AND PAYROLL (13) Council Member Maudsley made a motion, seconded by Council Member Reilly, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated May 23, 1991, from the Director of Finance, be approved. PERSONNEL ACTIONS (14) Council Member Maudsley made a motion, seconded by Council Member Reilly, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated May 28, 1991, in accordance with all administrative regulations of the City of San Bernardino, be approved. RES. 91-189 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 11831 ENTITLED IN PART "A RESOLUTION. . PROVIDING FOR THE APPOINTMENTS OF A MAYOR PRO TEMPORE. . " ; AND ESTABLISHING SUCH APPOINTMENTS FOR THE 1991-92 AND 1992-93 FISCAL YEARS, EFFECTIVE JULY 1, 1991. (15) RES. 91-190 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH METROPOLITAN OPERA NATIONAL COUNCIL AUDITIONS WESTERN REGION FOR THE PROMOTION OF ARTS AND CULTURE. (17) RES. 91-191 AUTHORIZING PRIME TIME CULTURE. - RESOLUTION OF THE CITY OF SAN BERNARDINO THE EXECUTION OF AN AGREEMENT WITH THE CHORALIERS FOR THE PROMOTION OF ARTS AND (18) RES. 91-192 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH INLAND MASTER CHORALE FOR THE PROMOTION OF ARTS AND CULTURE. (19) 4 6/3/91 RES. 91-193 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NATIONAL COUNCIL OF NEGRO WOMEN, INC. FOR THE PROMOTION OF ARTS AND CULTURE. (20) RES. 91-194 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (21) RES. 91-195 - 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. (22) RES. 91-196 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 962, FOR THE MAINTENANCE OF A SEWER LIFT STATION IN THE AREA GENERALLY LOCATED EASTERLY OF PINE AVENUE AND SOUTHERLY OF BELMONT AVENUE, IN THE CITY OF SAN BERNARDINO. (23) RES. 91-197 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 991, LANDSCAPING MAINTENANCE, VERDEMONT AND OLIVE AREA. (24) RES. 91-198 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 952, LANDSCAPING CONSTRUCTION AND MAINTENANCE, STATE COLLEGE PARKWAY (UNIVERSITY PARKWAY) AREA. (25) RES. 91-199 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 963, FOR THE MAINTENANCE OF A SEWER LIFT STATION IN PORTIONS OF ALLEN STREET, NORTH OF CENTRAL AVENUE IN THE CITY OF SAN BERNARDINO. (26) RES. 91-200 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 969, LANDSCAPING MAINTENANCE, IRVINGTON AND OLIVE AVENUE AREA. (27) RES. 91-201 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 970, LANDSCAPING MAINTENANCE, CABLE CREEK AREA. (28) 5 6/3/91 RES. 91-202 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 951, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, WAGONWHEEL ROAD AREA. (29) RES. 91-203 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1991-92 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 989, LANDSCAPING AND SEWER LIFT STATION MAINTENANCE, MILL AND MACY AREA. (30) RES. 91-204 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO E. L. YEAGER CONSTRUCTION COMPANY, INC. FOR PAVEMENT REHABILITATION, BRIDGE, AND TRAFFIC SIGNAL MODIFICATIONS ON WATERMAN AVENUE, FROM REDLANDS BOULEVARD TO MILL STREET. (31) RES. 91-205 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION. . PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF. "TO ESTABLISH A NO PARKING ANY TIME ZONE ON ARDEN AVENUE BETWEEN THE FLOOD CONTROL CHANNEL AND PACIFIC STREET, APPLICABLE BETWEEN THE HOURS OF SEVEN A.M. AND THREE P. M., SCHOOL DAYS ONLY, AND REPEALING RESOLUTION NO. 12540. (32) RES. 91-206 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A RESOLUTION. . ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS OR ALLEYS, OR PORTIONS THEREOF. . ."; AND AUTHORIZING THE IMPLEMENTATION OF A ONE-HOUR PARKING LIMITATION IN THE PARKING LOT OF SPEICHER MEMORIAL PARK, APPLICABLE ONLY ON SCHOOL DAYS BETWEEN THE HOURS OF SEVEN A.M. AND THREE P.M. (33) RES. 91-207 A RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR EXPANSION OF THE SPHERE OF INFLUENCE OF THE CITY OF SAN BERNARDINO GENERALLY LOCATED NORTHWESTERLY OF THE CITY OF SAN BERNARDINO. (35) RES. 91-208 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO INTERSTATE FIELD SERVICE FOR THE FURNISHING OF BOARD-UP AND CLEAN-UP SERVICES, TO BE UTILIZED BY THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-92-02. (37) 6 6/3/91 RES. 91-209 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO EWING MANAGEMENT FOR THE FURNISHING OF BOARD-UP AND CLEAN-UP SERVICES, TO BE UTILIZED BY THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-92-02. (38) RES. 91-210 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO BRETT CARLSON FOR THE FURNISHING OF BOARD-UP AND CLEAN-UP SERVICES, TO BE UTILIZED BY THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-92-02. (39) RES. 91-211 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO COLLATERAL UPDATE FOR THE FURNISHING OF BOARD-UP AND CLEAN-UP SERVICES, TO BE UTILIZED BY THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH BID SPECIFICATION F-92-02. (40) RES. 91-212 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE INVESTMENT OF SURPLUS FUNDS, AUTHORIZING THE CITY TREASURER TO MAKE DEPOSITS IN ACCORDANCE WITH THE PROVISIONS OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND REPEALING RESOLUTION NO. 81-232. (41) RES. 91-213 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR ELECTRIC SERVICE AT 1302 SOUTH "E" STREET, IN ORDER TO SERVE THE WATER DEPARTMENT'S "E" STREET PUMP STATION FACILITY. (42) RES. 91-214 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR RELOCATION OF ELECTRIC DISTRIBUTION LINE AT 1302 SOUTH "E" STREET, IN ORDER TO SERVE THE WATER DEPARTMENT'S "E" STREET PUMP STATION FACILITY. (43) Council Member Maudsley made a motion, seconded by Council Member Reilly, that said resolutions be adopted. Resolution Nos. 91-189, 91-190, 91-191, 91-192, 91-193, 91- 194, 91-195, 91-196, 91-197, 91-198, 91-199, 91-200, 91-201, '91- 202, 91-203, 91-204, 91-205, 91-206, 91-207, 91-208, 91-209, 91- 210, 91-211, 91-212, 91-213, and 91-214 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. 7 6/3/91 MC-788 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.60.120.B OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS IN HIGH FIRE AREAS. FINAL (45) Council Member Maudsley made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance No. MC-788 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. ORDERS OF THE BOARD OF BUILDING COMMISSIONERS (47) Orders of the Board of Building Commissioners' meetings of March 1, 1991, April 5, 1991 and May 3, 1991 are listed as follows: BBC BBC BBC BBC BBC BBC BBC BBC BBC BBC BBC BBC BBC BBC BBC BBC BBC BBC BBC BBC BBC BBC BBC 1494 James & Ofelia Hinojosa 1497 Richard R. Cobine 1499 Earl I. Korchak 1501 Pen-Shin & Peng-Chin Sun 1502 Marianne Porter 1504 Su Cha Saade 694 N. Mt. Vernon Avenue 1580 E. Date Street 771 N. "D" Street 1566 N. "D" Street 1253 W. 24th Street 542-548 N. Mt. Vernon Ave. 626 N. Mt. Vernon Ave. 630 N. Mt. Vernon Ave. 686 & 688 N. Mt. Vernon 2028 McKinley,A,B,C,D 1505 Carlos & Luz Rubio 1506 Kyung C. & Hye J. Lee 1507 Antonia Navor 1508 J.N.H. Nationwide Invest- ments 1509 J.N.H. Nationwide Invest- ments 1512 Elmer Kuhn 1513 Elmer Kuhn 2104 McKinley,A,B,C,D 1923 W. Belleview Lot btwn 1923-1947 W. Belleview Lot btwn 1923-1947 W. Belleview 1947 W. Belleview Lot btwn 1923-1947 W. Belleview 2050 McKinley 1514 Elmer Kuhn 1515 Elmer Kuhn 1516 Elmer Kuhn 1517 J.N.H. Nationwide Investments 1518 J.N.H. Nationwide Investments 1519 C.W. Kelly Mortgage Co. 1522 Trinon L. Coleman & Brian C. Akers 1524 J.N.H. Nationwide Investments 1525 International Doctors Supply Corporation 1527 Tay Kuen Lee/Fong Ming Lai 2073 Dumbarton A,B,C,D 442 W. Highland Ave. 814 Santa Fe 2241 E. 20th Street 3231 & 3233 Acacia 236 W. Highland Ave. 8 6/3/91 BBC 1528 Norman Ackerman 2140 Sepulveda Ave. BBC 1529 Julio & Deborah Silvas 108 W. 13th Street BBC 1530 Sink Family Trust 687 W. 9th Street BBC 1533 J.N.H. Nationwide 2271 E. 20th St. Investments BBC 1534 J.N.H. Nationwide 2051 Dumbarton Investments BBC 1539 Jesse & Donna Jones 2157 E. Roca Street BBC 1541 Angel & Agripina Perez 2094 E. Roca Street BBC 1542 J.N.H. Nationwide 2140 N. McKinley Investments BBC 1543 J.N.H. Nationwide 2094 N. McKinley Investments Council Member Member Reilly, and filed. Maudsley made a motion, seconded by Council unanimously carried, that said orders be REIMBURSEMENT OF FUNDS FOR DRAINAGE IMPROVEMENTS- SOUTHERLY TERMINUS OF OLIVE AVENUE AT CABLE CREEK- STATEWIDE INVESTORS (8) In a memorandum dated May 21, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, requested authorization to reimburse funds in an amount not to exceed $47,970 to Statewide Investors for the drainage improvements in 01ive Avenue from Cable Creek Channel to the cul-de-sac. Roger Hardgrave, Director answered questions regarding Investors. of the Public Works/City reimbursement to Engineer, Statewide Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the transfer of $47,970, from Account No. 248-368-57813, "Pershing Avenue, Phase II - 40th Street to 42nd Street" to Account No. 248-368-57875, "Olive Avenue Cable Creek to cul-de-sac", be approved. Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that authorization be granted to reimburse Statewide Investors for the portion (NOT TO EXCEED $47,970) of the cost of the drainage improvements in Olive Avenue, from Cable Creek Channel to cul-de-sac, that is beyond their responsibility. Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the developer of TR 14044, WestAmerica, will be required to reimburse the Storm Drain Fund prior to recordation of the final map or issuance of construction permits for the tract. 9 6/3/91 CHANGE ORDER NO. ONE - CONTRACT EXTENSION FOR A ONE- YEAR PERIOD - MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NO. 959 - KENDALL DRIVE - MENTONE TURF SUPPLY (9) In a memorandum dated May 9, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, requested approval of Change Order No. One to the contract with Mentone Turf Supply, to extend the contract for one year from July 1, 1991, to June 30, 1992. Change Order No. One provides for the maintenance of landscaping in Assessment District No. 959, in portions of Kendall Drive, for a total estimated cost of $12,705.00. It was requested that this item be continued until the next Council meeting to allow the Public Works Department an opportunity to correct the discrepancies in costs in the staff report. Council Member Maudsley made a motion, seconded by Council Member Hernandez, and unanimously carried, that Change Order No. One to the contract with Mentone Turf Supply, for maintenance of landscaping in Assessment District No. 959, be continued to June 17, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CHANGE ORDER NO. FIVE - CONTRACT EXTENSION FOR A ONE- YEAR PERIOD - MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NOS. 956 AND 968 - MENTONE TURF SUPPLY (11) In a memorandum dated May 8, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, requested approval of Change Order No. Five to the contract with Mentone Turf Supply, to extend the contract period for one year from July 1, 1991 to June 30, 1992, at no change in the contract unit price for Assessment District No. 968, and to delete the portion of Assessment District No. 956, west of the Gage Canal. It was requested that Council meeting to allow opportunity to correct the report. Council Member Maudsley made a motion, seconded by Council Member Hernandez, and unanimously carried, that Change Order No. Five to the contract with Mentone Turf Supply, for maintenance of landscaping in Assessment Districts No. 956 and 968, be continued to June 17, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. this the cost item be continued to the next Public Works Department an discrepancies in the staff CHANGE ORDER NO. ONE - CONTRACT EXTENSION FOR A ONE- YEAR PERIOD - MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT 991 - MENTONE TURF SUPPLY (12) In a memorandum dated May 14, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, requested approval of 10 6/3/91 ---~---"---"-.-"'''-----~..._.._-------_._.~_._---,.-----~----_... --_._-----"-~--,_._-_..._._.,----- Change Order No. One to the contract with Mentone Turf Supply to extend the contract for a period of one year, from July 1, 1991 to June 30, 1992, for an increase to the contract price of $9,877.00. It was requested that this item be continued to the next Council meeting to allow the Public Works Department time to correct the costs discrepancies in the staff report. Council Member Maudsley made a motion, seconded by Council Member Hernandez, and unanimously carried, that Change Order No. One to the contract with Mentone Turf Supply, to extend the contract for a period of one year, be continued to June 17, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CITY ATTORNEY PENMAN RETURNED City Attorney Penman returned to the Council meeting and replaced Senior Assistant City Attorney Barlow. RECONSIDERATION - PERSONNEL ACTIONS (14) Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated May 28, 1991, in accordance with all administrative regulations of the City of San Bernardino, be reconsidered. The Council requested a definition for "part-time/non- career" employees and "limited term/non-career" employees. Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that the personnel actions be continued to later in the afternoon for further information. See page 22. RES. 91-215 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH RUTH PARISH TO PERFORM CONSULTING SERVICES FOR THE DATA PROCESSING DEPARTMENT. (16) A discussion ensued regarding extending the term of the agreement with Ruth Parish. The Council requested a status report on the work accomplished by the consultant. Council Member Reilly made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 91-215 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. 11 6/3/91 RES. 9l-2l6 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF THE NORTH/SOUTH ALLEY LYING BETWEEN LYNWOOD DRIVE AND MARSHALL BOULEVARD AND BETWEEN MOUNTAIN AVENUE AND SANCHEZ STREET. (34) Roger G. Hardgrave, Director of Public Works/City Engineer, answered questions regarding the reason for vacating the alley. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 91-216 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 91-217 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO RICK'S TRACTOR AND DISCING SERVICE FOR THE FURNISHING AND DELIVERY OF WEED ABATEMENT SERVICES, TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-92-01. (36) City Administrator Edwins answered questions regarding ,the City's method of recovering its costs for weed abatement services. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 91-217 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.02.040, 19.31.010 AND 19.70.020 OF THE SAN BERNARDINO MUNICIPAL CODE (THE DEVELOPMENT CODE) RELATING TO INTERPRETATION OF THE GENERAL PLAN BY THE PLANNING COMMISSION. FINAL (44) City Administrator Edwins explained that the proposed ordinance returns authority to the Planning Commission for interpretation of the General Plan, and delegates the authority to the Planning Director for interpretation of the Development Code. A discussion ensued regarding the Planning Commission haYing ability to review the decisions of the Planning Director as it relates to the interpretation of the Development Code. Council Member Reilly made a motion, seconded by Council Member Estrada, that said ordinance be adopted. 12 6/3/91 The motion failed by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley. Nays: Council Members Minor, Pope-Ludlam, Miller. Abstain: Council Member Hernandez. RECONSIDERATION - ORDINANCE AMENDING THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATING TO INTERPRETATION OF THE GENERAL PLAN BY THE PLANNING COMMISSION (44) Council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, that said ordinance be reconsidered. ORD. MC-789 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.02.040,19.31.010 AND 19.70.020 OF THE SAN BERNARDINO MUNICIPAL CODE (THE DEVELOPMENT CODE) RELATING TO INTERPRETATION OF THE GENERAL PLAN BY THE PLANNING COMMISSION. FINAL (44) After further discussion, the Council agreed to grant the authority to interpret the Development Code to the Director of Planning and Building Services. Council Member Miller made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance MC-789 was Council Members Estrada, Miller. Nays: None. Absent: None. adopted by the following vote: Ayes: Reilly, Maudsley, Minor, Pope-Ludlam, Abstain: Council Member Hernandez. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 12.92.010 AND ADDING SECTION 12.92.035 TO THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE STREET WIDENING TO MATCH ADJOINING WIDENED SECTIONS. (46) (This ordinance was reconsidered later in the meeting. See page 15) Roger Hardgrave, Director of Public Works/City Engineer, explained that the proposed ordinance would apply to commercial and industrial parcels, but would also include residential properties. City Attorney Penman explained that the proposed ordinance delegates authority to the Director of Public Works to notify property owners to remove curbs and gutters without requiring approval from the Mayor and Council for each parcel. Council Member Hernandez made a motion, seconded by Council Member Estrada, that said ordinance be adopted. 13 6/3/91 -------------_._---~-----_._._--_._-_._--.,-"-"-----,---- ---.--- The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. APPEAL - WAIVER OF PARK USE FEES $265 - GARDEN FESTIVAL - SECCOMBE LAKE PARK - JULY 26, 1991 - CONTINUED FROM MAY 20, 1991 (48) This is the time and place continued to consider an appeal to waive park use fees in the amount of $265 for the Garden Festival to be sponsored by the University of California 4-H Program scheduled on July 26, 1991 at Seccombe Lake Park. Lorri Castro-Aguilera, 4-H Program Youth Development Assistant, San Bernardino County, 2924 Sepulveda, San Bernardino, stated that paying the park use fees would deplete the funds set aside to purchase ribbons and trophies for the mentally and developmentally disabled youth and adults participating in the garden training event. Ms. Castro-Aguilera additional City services Festival. answered questions would be required stating that no for the Garden Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the appeal for waiver of park use fees in the amount of $265 for the Garden Festival to be held at Seccombe Lake Park, July 26, 1991, for the 4-H Youth Program, San Bernardino County, be upheld. SELECTION OF COUNCIL COMMITTEE ASSIGNMENTS (49) In a memorandum dated May 8, 1991, Council Member Tom Minor provided a pIan recommended by Council Member Maudsley for selection of Council committee assignments. The plan consists of the City Clerk picking numbers one through seven from a container and assigning them in the order picked to a list of the Council Committees. This process would be continued until three Council Members are assigned to each Committee. Council Member Maudsley made a motion, seconded by Council Member Minor, and unanimously carried, that discussion regarding the method of selecting Council committee assignments be continued to June 17, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ESTABLISHMENT OF NEW CLASSIFICATION - LEGAL SECRETARY TRAINEE - CITY ATTORNEY'S OFFICE (50) In a memorandum dated May 23, 1991, Barbara Dillon, Director of Personnel, requested authorization to establish a new classification of Legal Secretary Trainee in the City Attorney's Office. 14 6/3/91 City Attorney Penman answered questions regarding the Legal Secretary Trainee position. Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that the classification of Legal Secretary Trainee be established with the salary set at Range 3253, $1,567 - $l,904/month. Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that the Personnel Department update Resolution 6413, Section 10, and Resolution 6433. RECONSIDERATION - ORDINANCE REQUIRING STREET WIDENING TO MATCH ADJOINING WIDENED SECTIONS - DISCUSSED EARLIER IN THE MEETING. SEE PAGE 13 (46) Council Member Hernandez made a motion, seconded by Council Member Maudsley, and unanimously carried, that said ordinance requiring street widening to match adjoining widened sections be reconsidered. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 12.92.010 AND ADDING SECTION 12.92.035 TO THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE STREET WIDENING TO MATCH ADJOINING WIDENED SECTIONS. (46) City Attorney Penman explained that the ordinance adopted a year ago requires that the City pay half of the costs to install sidewalks, curbs and gutters. However, by enacting this ordinance, the City's requirement to pay half of the cost of the improvements would be neutralized. He pointed out that the proposed ordinance does not contain specific provisions for appeal procedures. Council Member Estrada made a motion, seconded by Council Member Maudsley, and unanimously carried, that the proposed ordinance requiring street widening to match adjoining widened sections be continued and referred to the Legislative Review Committee for further review. APPROVAL OF ORGANIZATIONAL CHANGES PLANNING AND BUILDING SERVICES CONSOLIDATION OF CITY TREASURER DEPARTMENT STAFF (51) In a memorandum dated May 21, 1991, Barbara Dillon, Director of Personnel, requested approval of the organizational changes for the Planning and Building Services Department, and the consolidation of City Treasurer Department staff. Council Member Reilly made Member Estrada, to establish the of Planning and Building Services a motion, seconded by Council position of Assistant Director at Range 4481. 15 6/3/91 ----'--"._-------'~,-"--_._~-- --., ---.---------------.. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Nays: Council Member Maudsley. Absent: None. Council Miller. Council Member Pope-Ludlam made a motion, Council Member Minor, to authorize the transfer of Director of Planning and Building Services to the Assistant Director effective June 17, 1991. seconded by the current position of The motion carried, by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Nays: Council Member Maudsley. Absent: None. Council Miller. Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, to approve the transfer of Assistant City Treasurer, Deputy City Treasurer, Cashier II and Cashier I positions from the Treasurer Department to Finance Department effective June 3, 1991. Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, to change these four positions from unclassified to classified effective June 3, 1991. Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, to instruct the Director of Personnel to amend Resolution 6433 to reflect these changes. RECESS MEETING At 11:00 a.m., Mayor Pro Tern Minor declared a five-minute recess. RECONVENE MEETING At 11:13 a.m., Mayor Pro Tern Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino. ROLL CALL Roll call was taken with the following being present: Mayor Pro Tern Minor; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Mayor Holcomb. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:30 a.m., the regular meeting of the Community Development Commission was called to order by Mayor Pro Tern Minor in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 16 6/3/91 --~----------'------"-----'-- .---------- - ------_._--.__.--.---- ------.-----..- RES. 91-218 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA OF UNDERTAKING CERTAIN REDEVELOPMENT ACTIVITIES. (R-4C) Council Member Estrada made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-218 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. EMERGENCY SHELTER GRANT PROGRAM FUND AWARD - SALVATION ARMY AND FRAZEE COMMUNITY CENTER (R-5) In a memorandum dated May 28, 1991, Kenneth J. Henderson, Executive Director, Development Department, requested approval to allocate $23,000 to the Salvation Army, and $20,000 to the Frazee Community Center, a total grant amount of $43,000, for the provision of assistance relative to the homeless problem in the City of San Bernardino. A discuss'ion ensued regarding the use of these funds. Council Member Minor made a motion, seconded by Council Member Miller, that the Mayor and Common Council approve the awarding of FY 1991/1992 Emergency Shelter Grant Program funds totalling $43,000; to the Salvation Army in the amount of $23,000, and to the Frazee Community Center in the amount of $20,000, respectively. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: None. REQUEST FOR FINANCIAL ASSISTANCE EMMERTON SCHOOL- SAN BERNARDINO UNIFIED SCHOOL DISTRICT - (R-9) In a memorandum dated May 28, 1991, Kenneth J. Henderson, Executive Director, Development Department, requested authorization to use Collateralized Mortgage Obligation (CMO) residual funds in the amount of $20,000, as an alternative funding source for the Emmerton School proposal. Kenneth Henderson explained why the CMO recommended to fund Emmerton School's proposal. funds were Council Member Miller made a motion, seconded by Council Member Reilly, that the Mayor and Common Council approve the use of Collateralized Mortgage Obligation (CMO) residual funds in the amount of $20,000 for the funding request submitted by Emmerton Elementary School. 17 6/3/91 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Maudsley, Minor, Nays: Council Member Pope-Ludlam. Absent: None. Council Miller. CENTRAL CITY PROMENADE BONDS - SCHURGIN DEVELOPMENT- CONTINUED FROM MAY 6, 1991 (R-I0) This is the time and place continued to consider a request from Schurgin Development for credit enhancement of the Central City Promenade bonds. In a memorandum dated May 28, 1991, Kenneth Henderson, Executive Director, Development Department, recommended denial of Schurgin Development's request that the Development Department guarantee the full amount of the Central City Promenade bonds by issuing a credit enhancement, whereby the project could then obtain a letter of credit from a commercial bank to facilitate a "low-floater" refinancing of the bonds. Mr. Henderson stated that Schurgin Development is currently in default on its notes payable to the Development Department. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the Mayor and Common Council deny the request submitted by Schurgin Development relative to the issuance by the Development Department of a credit enhancement for the Central City Promenade Bonds. MAYOR HOLCOMB RETURNED Mayor Holcomb returned to the Council meeting and replaced Mayor Pro Tern Minor at the council table. RES. 91-219 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO RESOLUTION NO. 91-185 REGARDING THE PROCEDURE FOR CITY-PROPERTY OWNER PARTICIPATION IN THE LANDSCAPE DEVELOPMENT PROGRAM FOR PROPERTY FRONTAGE LOCATED ON THE PUBLIC RIGHTS-OF-WAY AND WITHIN THE BUILDING SET-BACK AREA UP TO A MAXIMUM OF TWENTY (20) FEET TO INCLUDE CERTAIN ADDITIONAL STREETS WITHIN THE PROGRAM. (R-14) Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that said resolution be amended by interdelineation to include Sterling Avenue, Foothill Drive and 40th Street, and adopt as amended. Resolution No. 91-219 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. 18 6/3/91 ---------_._--_.._._--_._._._"----------_._.._.",._.~----- --._--- ECONOMIC DEVELOPMENT AGENCY REORGANIZATION (R-15D) In a memorandum dated May 28, 1991, Kenneth J. Henderson, Executive Director, Development Department, requested authorization to incorporate the Mobile Home Rent Board Director position into the Housing Division of the Development Department. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council authorize the incorporation of the Mobile Home Rent Board Director position into the Housing Division of the Development Department and authorize the Director of Personnel to amend Resolution No. 6433 accordingly. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez. Absent: None. RECESS MEETING At 12:06 p.m., the regular meeting of the Mayor and Common Council recessed to a luncheon workshop to discuss budget hearings, in the Management Information Center, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:30 p.m., Mayor Holcomb called the luncheon workshop to order in the Management Information Center (MIC Room), City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Maudsley, Minor, Miller, Senior Assistant City Attorney Barlow, City Clerk Krasney, Ci ty Administrator Edwins. Absent: Council Members Hernandez, Pope-Ludlam. DISCUSS BUDGET HEARINGS This is the time and place set for a discuss the budget hearings for the City. luncheon workshop to (52) Mayor Holcomb suggested that the City Council consider the following as possible revenue enhancements: 1. Impose an hiring freeze. 2. Increase property tax transfer fee. 3. Increase the utility tax fee by one percent and incorporate a sunset clause that the fee increase would cease when the County stops charging the City for the booking of prisoners. 19 6/3/91 4. Impose a documentary transfer tax. 5. Consider annexing all County islands into the City. 6. Impose a franchise fee for refuse haulers. 7. Sell the City's cemetery. 8. Sell "E" Street property leased by the San Bernardino Valley District. and 9. Sell animals for research purposes. Andrew Green, Finance Director, explained how the 1991-1992 budget is categorized. A discussion ensued regarding City department heads meeting with the Budget Committee to review their respective budget rather than having Council meetings. No action was taken. RECESS MEETING At 1:40 p.m., the luncheon workshop recessed to 2:00 p.m, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2: 02 p. m., the regular Meeting of the Mayor and Cominon Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Pope-Ludlam, Miller. COMMENDATION - SAN BERNARDINO/RIVERSIDE COUNTY BLOOD BANK (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending the San Bernardino/Riverside County Blood Bank for its outstanding contributions to the community. Dr. Silvergleid and Paul Sautter, Public Relations Director, accepted the resolution. COUNCIL MEMBER POPE-LUDLAM RETURNED At 2:04 p.m., Council Member returned to the Council meeting and took her place at the council table. 20 6/3/91 COUNCIL MEMBER MILLER RETURNED At 2:05 p.m., Council Member Miller returned to the Council meeting and took her place at the council table. ANNOUNCEMENT BY MAYOR HOLCOMB - DISCUSSION OF BUDGET HEARINGS (2) Mayor Holcomb announced that during the luncheon workshop a discussion ensued regarding the City's budget. He explained that due to actions taken by the State in trying to balance their budget, the State has allowed Counties to charge cities for booking prisoners. He further stated that the City will not be receiving the anticipated Vehicle-In-Lieu fees, or the Fine and Forfeiture fees from the State. Mayor Holcomb stated that because of these cutbacks from the State, the City has taken steps to reduce the financial impact through employee layoffs; closure of library services on Sundays; closure of the Cultural Center on "E" Street; merging of the utility center with the Westside Center; cutback of vehicle usage by department heads; elimination of the Victim Support program; reduction of meetings and conferences budgets for staff; elimination of Fire Department equipment; deferred all management salary increases; and the termination of the move of the Planning and Building Services department to the City Hall Annex building. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. Mayor Holcomb stated that a public hearing will be scheduled to discuss revenue enhancements for the City's budget. Some of the topics that will be discussed as potential sources of revenue will include: The sale of animals for research purposes; imposing a refuse franchise fee; adopting a documentary transfer tax; selling the City's cemetery; selling City owned property that is producing no revenue; and increasing the utility users tax. It was the consensus of the Council that a public hearing be set for 7:00 p.m., Wednesday, June 19, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to discuss revenue enhancements relative to the City's budget. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council meeting. RES. 91-220 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE ANIMAL CONTROL DEPARTMENT. (Continued from May 6, 1991) (53) 21 6/3/91 Council Member Miller made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-220 was adopted by the following vote: Ayes: Council Member Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Estrada. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.04.495 AND ADDING SECTIONS 5.04.496, 5.04.497 AND 5.04.498 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO TRANSIENT MERCHANTS AND TEMPORARY BUSINESSES. (Continued from May 20, 1991) FIRST (54) Council Member Minor Member Miller, that said adoption. The motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Miller. Nays: Council Member Pope-Ludlam. Absent: Council Member Estrada. made a motion, seconded by Council ordinance be laid over for final AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.90.170 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO HARDSHIP MOBILE HOME RENT INCREASES. FIRST (55 ) Council Member Minor made a motion, seconded Member Miller, that the proposed ordinance relating mobile home rent increases be continued to June 17, Council Chambers of City Hall, 300 North "D" Bernardino, California, for further information. by Council to hardship 1991, in the Street, San The motion carried by Members Reilly, Maudsley, Council Member Hernandez. the following vote: Ayes: Minor, Pope-Ludlam, Miller. Absent: Council Member Estrada. Council Nays: ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.04.020 (9) OF THE SAN BERNARDINO MUNICIPAL CODE TO ADOPT THE NATIONAL ELECTRIC CODE 1990 EDITION. FIRST (56 ) Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that said ordinance be laid over for final adoption. PERSONNEL ACTIONS CONTINUED FROM EARLIER IN THE MEETING. SEE PAGES 4 & 11 (14) This is the time and place continued to from earlier in the meeting to consider personnel actions. A member of the Council announced that while the Council recessed for the luncheon workshop, all questions regarding the definition for "part- time/non-career" and "limited term/non-career" employees were 22 6/3/91 ~----------------_._-~-"------ .---.-.-.---..- answered. Council Member Hernandez made a motion, seconded by Council Member Reilly, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated May 28, 1991, in accordance with all administrative regulations of the City of San Bernardino, be approved. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. RES. 91-221 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS 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. (5-1) A discussion ensued regarding increasing the interest rate charged for the processing of liens from 7% to 12%. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that said resolution be amended by interdelineation by deleting property located at 2085 E. Roca Street from the resolution; and that said resolution be adopted as amended. Resolution No. 91-221 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Miller. Nays: None. Absent: Council Members Estrada, Pope- Ludlam. RES. 91-222 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION RELATING TO THE INSTALLATION OF TRAFFIC SIGNALS AT INTERSTATE ROUTE 1-215 AND ORANGE SHOW ROAD/AUTO PLAZA DRIVE. (5-2) Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. Ayes: Miller. Ludlam. Resolution No. 91-222 was adopted by the following vote: Council Members Reilly, Hernandez, Maudsley, Minor, Nays: None. Absent: Council Members Estrada, Pope- 23 6/3/91 ._--_._,.~~-_._._---------_. -'-._------_._-----_.__.__.._-_.__._,.,-.._._~-"~ AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.60.120 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. URGENCY (S-3) A discussion ensued regarding use of fireworks in open space areas, private open space areas, parking lots, vacant properties and on public streets. COUNCIL MEMBER At 2:31 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the City Attorney Penman answered questions stating that the penalty for use of fireworks in prohibited places results in an infraction. Mr. Penman explained the urgency in adopting this ordinance. He stated that this ordinance would prohibit the use of fireworks in public/private open space areas in time for the fireworks show scheduled at Fiscalini Field for the 4th of July celebration, and would allow business owners to post no fireworks signs on their property. COUNCIL MEMBER ESTRADA RETURNED At 2:44 p.m., Council Member Estrada returned at the Council meeting and took her place at the council table. Council Member Miller made a motion, seconded Member Reilly, that said ordinance be adopted as ordinance. by Council an urgency Ordinance MC-790 was adopted by the following vote: Council Members Estrada, Reilly, Maudsley, Minor, Miller. Council Members Hernandez, Pope-Ludlam. Absent: None. Ayes: Nays: AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 3.44.030 RELATING TO TELEPHONE USERS TAX. FIRST (5-4) Council Member Reilly made a motion, seconded by Council Member Miller, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Nays: Council Member Maudsley. Absent: None. Council Miller. SET PUBLIC HEARING - JULY 1, 1991 - ESTABLISH REFUSE RATE INCREASE (S-5) In a memorandum dated May 30, 1991, Manuel Moreno, Jr., Director of Public Services, requested that a public hearing be set to consider a proposed increase in residential and 24 6/3/91 . n__.~"__"_____._,_.._.~._,_.._,"_._"__.____._.._..~_____._____~...._._._____________,_..___~_~_._.,___~__ commercial refuse collection fees, tipping (dumping) fees imposed Supervisors. to offset the 24% increase in by the County Board of Council Member Reilly made a motion, seconded by Council Member Miller, and unanimously carried, that a public hearing be set at 10:00 a.m., Monday, July 1, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California to establish a refuse rate increase. MC-791 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING MC-787 AND IMPOSING IN CERTAIN DEFINED AREAS SURROUNDING MT. VERNON AVENUE AN INTERIM HOLD ON APPROVAL OF DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS AND OTHER ACTIONS, AND DECLARING THE URGENCY THEREOF. URGENCY (AS-I) Council Member Minor made a motion, seconded by Council Member Miller, that said ordinance be adopted. Ordinance MC-791 was adopted by the following vote: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: None. Absent: None. Ayes: Minor, ANNOUNCEMENT INDUSTRIES, COMMISSION Council Member Estrada requested that the Community Development Commission adjourn to 4:00 p.m., Thursday, June 6, 1991, in the Development Department Board Room, to discuss Kimko Industries, Inc., loan agreement. BY INC. , COUNCIL MEMBER ESTRADA KIMKO AGREEMENT COMMUNITY DEVELOPMENT Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the matter relative to the Kimko Industries, Inc., agreement be continued to 4: 00 p.m., Thursday, June 6, 1991, in the Development Department Board Room, 4th Floor, City Hall, 300 North "D" Street, San Bernardino, California. ANNOUNCEMENT BY CITY ATTORNEY PENMAN - ADDITIONAL CASES DISCUSSED IN CLOSED SESSION (1) City Attorney Penman announced that the following cases are to be discussed in closed session: Zaharopoulos vs. City of San Bernardino - Federal Case No. SACV 90-519 - Santa Ana United States District Court; SAAB vs. Citv of San Bernardino - 4th District Court of Appeals -Case No. E006852; Cook vs. City of San Bernardino - San Bernardino Superior Court Case No. 242845; 25 6/3/91 -----_.__._,.._"-~--_..__.-.,.._._._--_._---~.,- Maadaleno vs. Citv of San Bernardino Superior Court Case No. 248739. San Bernardino RECESS MEETING - CLOSED SESSION At 2:49 p.m., the Mayor and Common Council closed session for the following: recessed to (1) a. 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: ; b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. 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; e. to confer with the litigation pursuant to 54956.9(b)(I), as there litigation; attorney regarding pending Government code Section is significant exposure to f. to confer with the attorney regrading pending litigation pursuant to Government Code Section 54956.9(c), so that the Council/Commission may decide whether to initiate litigation; g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: Citv of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; 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; Sock Dawson. et al vs. Citv of San United States District Court Case No. SA Bernardino. et al- 88-461 AHS (RWRx); 26 6/3/91 ---.-----.-.-.----.------.---.---- City of Redlands vs. Inland Valley Development Aaency. et al - San Bernardino Superior Court Case No. 255222; Countv vs. City of San Bernardino (RDA) - San Bernardino Superior Court Case No. 258241; City of Indians. 6899 WJR San Bernardino vs. San Manuel Band of et al - United States District Court - Case (Bx) ; Mission No. 85- Citv of San Bernardino vs. Dvkes - San Bernardino Superior Court Case No. 254883; Powell vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 244822. CLOSED SESSION At 2:49 p.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney. Absent: City Administrator Edwins. Also Assistant Scroggin. present: Deputy City City Attorney Martin, Attorney Simmons, Senior and Operations Supervisor ADJOURNED CLOSED SESSION At 3:39 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 3:39 p.m., Mayor Holcomb called the regular meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. City Attorney Penman, City Clerk Krasney. Absent: City Administrator Edwins. ANNOUNCEMENT - CLOSED SESSION CASES City Attorney Penman announced that discussed in closed session: the following case was (1) 27 6/3/91 Dennison vs. Floyd Tidwell/Officer Higains - United States District Court Case No. SACV 90-458. ADJOURNMENT At 3:40 p.m., the meeting adjourned to 7:30 June 10, 1991, in the Council Chambers, City Hall, Street, San Bernardino, California. RACHEL KRASNEY City Clerk No. of Items: 76 No. of Hours: 5 hrs. 40 min. 28 (57) p.m., Monday, 300 North "D" City Clerk 6/3/91