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HomeMy WebLinkAbout08-19-1991 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING AUGUST 19, 1991 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:33 a.m., Monday, August 19, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Members Estrada, Pope- Ludlam, Miller. RECESS MEETING - CLOSED SESSION (1 & 5-6) At 8: 33 a. m., the Mayor and Common Counc il and Community Development Commission recessed to closed session for the following: 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 li tigation pursuant to 54956.9(b)(I), as there litigation; attorney regarding pending Government Code Section is significant exposure to 1 8/19/91 f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer wi th 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. Citv 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 Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); City of Redlands vs. Inland Vallev 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; Citv of Indians. 6899 WJR San Bernardino vs. San Manuel Band of et al - United States District Court - Case (Bx) ; Mission No. 85- City of San Bernardino vs. Dykes - San Bernardino Superior Court Case No. 254883; Saab vs. Citv of San Bernardino - Fourth District Court of Appeals Case No. E008652; Zaharopoulos vs. Citv of San Bernardino - United States District Court - Case No. SACV 90-519 RWR; Citv of San Bernardino vs. Patrick Media/Gannett Outdoor. et al - Riverside Superior Court Case No. 205749; Thompson. Keith vs. City of San Bernardino Court of Appeal, Fourth Appellate District - Case No. E007275; Randall vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 250472; Citv of San Bernardino vs. San Bernardino Steel San Bernardino Superior Court Case No. 261904; 2 8/19/91 City of San Bernardino vs. Dvkes/Rampello - San Bernardino Superior Court Case No. 254883; Goodloe vs. City of San Bernardino - San Bernardino Superior Court Case No. 255025. Dan Miller vs. Paul pancucci. et al - United States District Court - Case No. SACV 91-255 AHS (RWRx) CLOSED SESSION At 8: 33 a.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 by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Members Estrada, Pope- Ludlam, Miller. Also present: Deputy City Attorney Simmons, and Deputy City Attorney Skropos, City Attorney's Office. DEPUTY CITY ATTORNEY SKROPOS EXCUSED At 8:35 a.m., Deputy City Attorney Skropos left the closed session. COUNCIL MEMBER At 8:37 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the COUNCIL MEMBER MILLER ARRIVED At 8:39 a.m., Council Member Miller arrived at the closed session. MARGARET SCROGGIN, ADMINISTRATIVE OPERATIONS SUPERVISOR, CITY ATTORNEY'S OFFICE ARRIVED At 8:42 a.m., Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office, arrived at the closed session. COUNCIL MEMBER ESTRADA ARRIVED At 8:50 a.m., Council Member Estrada arrived at the closed session. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the regular, supplemental, addendum supplemental, and Community Development Commission agendas while the Council was in closed session. 3 8/19/91 ADJOURN CLOSED SESSION At 8:50 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 9:3l a.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: None. INVOCATION The invocation was given by Mr. Glen Jones, Director of Arrowhead Springs, Campus Crusade for Christ. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. ANNOUNCEMENT BY MAYOR HOLCOMB - RECENT UTILITY RATE INCREASES (2) Mayor Holcomb stated that a number of complaints had been received from residents expressing concern over recently enacted sewer, refuse and water rate increases. He felt that a financial assistance program should be established to assist low income home owners from Economic Development Agency 20% set aside funds. SERVICE PIN AWARD CEREMONY (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of employees receiving service pin awards. Each employee received a service pin from Mayor Holcomb' in gratitude of his/her many years of dedicated service to the City. COMMENDATION MR. FRANK PLASH MUSIC OF COMPOSER ANTON BRUCKNER PROMOTION OF THE (4) Mr. Norman Baffrey, Cultural Supervisor, Sturges Auditorium, read a resolution of commendation to Mr. Frank Plash for his many years of unselfish and devoted service to the promotion of music composed by Anton Bruckner. 4 8/19/91 Mr. Plash accepted the commendation, and expressed support for the concept of a regional performing arts center in the Inland Empire. APPOINTMENT ELIJAH S. SINGLETARY BOARD - MAYOR HOLCOMB CIVIL SERVICE (4) In a memorandum dated August recommended the appointment of Elijah Service Board. 19, 1991, Mayor Holcomb S. Singletary to the Civil Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the appointment of Elijah S. Singletary to the Civil Service Board, per Mayor Holcomb's request, be approved. APPOINTMENT JOHN R. LOWE COMMISSION - MAYOR HOLCOMB COMMUNITY TELEVISION (5-7) In a memorandum dated August recommended the appointment of John Television Commission. 13, 1991, Mayor Holcomb R. Lowe to the Community Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the appointment of John R. Lowe to the Community Television Commission, per Mayor Holcomb's request, be approved. PUBLIC COMMENTS TOPPING POLICY PAUL CHANEY CITYWIDE NO TREE (3) Mr. Paul Chaney, 1532 Belle Street, San Bernardino, CA, recommended that the City establish a Citywide no tree topping policy. He explained that tree topping damages trees. Mr. Chaney expressed concern regarding blight that should be abated, such as visual pollution from billboards, and noise pollution caused by ice-cream trucks. He stated that vacant properties should be maintained in better condition. He voiced his support for a regional performing arts center. WAIVER OF FEES OCTOBER 26, 1991 PROGRAM, INC. $3l5 SAN USE OF FISCALINI FIELD- BERNARDINO CHILD ADVOCACY (7) In a memorandum dated August 1, 1991, Shauna Clark, City Administrator, stated that the San Bernardino Child Advocacy Program, Inc., had requested that fees in the amount of $3l5, be waived for the use of Fiscalini Field on October 26, 1991- to conduct a fund-raising activity. 5 8/19/91 Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, that the request of San Bernardino Child Advocacy Program, Inc., to waive fees in the amount of $3l5 for the use of Fiscalini Field on October 26, 1991, for a fund-raising activity, be continued to September 3, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental, addendum supplemental, and Community Development Commission agendas be waived. COUNCIL MINUTES (6) Council Member Miller made a motion, seconded by Council Member Estrada, 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: July 1, 1991; July 3, 1991; July 19, 1991; and July 24, 1991. SET PUBLIC HEARING - SEPTEMBER 16, 1991 INCREASE IN MEDICAL TRANSPORTATION RATES - PROPOSED (9) In a memorandum dated August 6, 1991, Lee Gagnon, Business License Supervisor, City Clerk's Office, stated that the Bureau of Franchises, at its meeting of July 9, 1991, supported an increase for ambulance services, and recommended approval of the rate structure proposal submitted by Courtesy Ambulance Services. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the request to set a public hearing for September 16, 1991, to consider an increase in ambulance rates, be continued to September 3, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ADMINISTRATION OF $30,000 SHELTER PROGRAM FUNDS (FEMA X) EMERGENCY FOOD AND (11) In a memorandum dated August 7, 1991, Annie Ramos, Director, Parks, Recreation and Community Services, stated that Congress had appropriated funding through the Emergency Food and Shelter National Board Program (FEMA X) for the purpose of delivering emergency food and shelter to needy individuals. The local FEMA Board has selected the Westside Service Center to assist with distribution of funds between October 1, 1991 and September 30, 1992. There is no additional cost to the 6 8/19/91 City to administer this program. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the Parks, Recreation and Community Services Department Director be authorized to apply for and administer $30,000 of emergency food and shelter funds provided under the provision of the Emergency Food and Shelter National Program (FEMA X). SAN BERNARDINO BASEBALL CLUB'S REQUEST FOR USE OF FISCALINI FIELD BOXING MATCH SEPTEMBER 7, 1991 (12) In a memorandum dated August 6, 1991, John Kramer, Superintendent of Recreation; recommended approval of the request from the San Bernardino Spirit Baseball Club to conduct a boxing match on September 7, 1991. The City will receive 5% of the gross receipts generated from the event. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the San Bernardino Baseball Club's request for use of Fiscalini Field on September 7, 1991, for a boxing match be approved. CHANGE ORDER NO. ONE INSTALLATION OF MANHOLE- CONTRACT INCREASE OF $10,750 - PAVEMENT REHABILITATION - WATERMAN AVENUE FROM REDLANDS BOULEVARD TO MILL STREET - E.L. YEAGER CONSTRUCTION COMPANY, INC. (15) In a memorandum dated August 8, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that the project included the installation of a storm drain in Redlands Boulevard, from Waterman Avenue to an existing pipeline 400 feet westerly. The Storm Drain Master Plan calls for a future 45-inch storm drain in Waterman Avenue, from Redlands Boulevard southerly to Caroline Street. This proposed line would connect to the storm drain currently under construction in Redlands Boulevard through a junction structure No. 4 manhole. The contractor has quoted a net price of $10,750 to install this junction structure. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that Change Order No. One to the contract with E.L. Yeager Construction Company, Inc. for the pavement rehabilitation on Waterman Avenue, from Redlands Boulevard to Mill Street, in accordance with Plan No. 7679, be approved; to authorize the contractor to install a No. 4 manhole, for an increase in the contract price of $lO,750; from $l,482,667.64 to $1,493,417.64. 7 8/19/91 CHANGE ORDER NO. ONE REMOBILIZE AND CONSTRUCT JUNCTION STRUCTURE AND REMOVE PIPE - CONTRACT INCREASE OF $16,600 - INSTALLATION OF STORM DRAIN IN MILL STREET - MODIFICATION OF TRAFFIC SIGNALS AT MILL AND "E" STREETS - CORNISH CONSTRUCTION COMPANY (l6) In a memorandum dated August 8, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that during project design, all utility companies were requested to rev'iew the project plans and advise the City of any utility lines in conflict with the alignment of the storm drain pipeline to be installed in Mill Street. General Telephone (GTE) responded that none of its facilities were in conflict with the proposed improvements. However, during excavation for the storm drain, it was discovered that GTE facilities were in conflict with the design alignment and elevation of the storm drain. In order to clear GTE facilities it was necessary to revise the alignment of the storm drain. The Contractor has quoted a price of $16,600 to remobilize, construct a junction structure, remove and re-install some already installed storm drain pipe, and install the storm drain on a curve alignment. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that Change Order No. One to the contract with Cornish Construction for installation of a storm drain in Mill Street, and modification of traffic signals at Mill Street and "E" Street, in accordance with Plan No. 8261, be approved; to authorize the contractor to remobilize and construct junction structure and remove pipe, for an increase in the contract price of $16,600; from $257,000 to $273,600. CLAIMS AND PAYROLL (17) Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated July 29, 1991, from the Director of Finance, be approved. PERSONNEL ACTIONS (18) Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated August 1, 1991, in accordance with all administrative regulations of the City of San Bernardino, be approved. 8 8/19/91 JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (19) Council Member Miller made a motion, seconded by Coun.cil Member Estrada, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to September 16, 1991. RES. 91-368 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF FOURTH AND FIFTH AMENDMENTS TO AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR COMPUTER EXAMINATIONS SCORING SERVICES FOR TWO ADDITIONAL ONE-YEAR PERIODS. (20) RES. 91-369 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DR. LAWRENCE BLUM TO CONDUCT PSYCHOLOGICAL EXAMINATIONS FOR THE POLICE DEPARTMENT. (21) RES. 91-370 - 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 VEHICLE5) ON SAID PROPERTIES. (22) RES. 9l-37l - RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, FOR THE UNDERGROUNDING OF ELECTRICAL TRANSMISSION LINES OVER CITY-OWNED PROPERTY LOCATED ON THE NORTH SIDE OF 21ST STREET EAST OF VALENCIA (PORTION OF PERRIS HILL PARK). (23) RES. 91-372 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO PAXIN ELECTRIC, INC. FOR INSTALLATION OF HIGHWAY SAFETY LIGHTING ON WATERMAN AVENUE, FROM SECOND STREET TO NINTH STREET, AND APPROVING CONTRACT CHANGE ORDER NUMBER ONE. (24) Council Member Miller made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolutions Nos. 91-368, 91-369, 91-370, 91-371, and 91-372 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. ORD. MC-804 AN ORDINANCE BERNARDINO ADDING CHAPTER 8.05 MUNICIPAL CODE RELATING TO THE BUILDINGS ORDERED VACATED. OF THE CITY OF SAN TO THE SAN BERNARDINO COLLECTION OF RENT FOR Final (27) 9 8/19/91 Council Member Miller made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ord. MC-804 was adopted by Council Members Estrada, Reilly, Pope-Ludlam, Miller. Nays: None. the following vote: Hernandez, Maudsley, Absent: None. Ayes: Minor, GAMES OF AMUSEMENT PERMIT - S. B. BOOKS - 304 SOUTH liEu STREET - DONOVAN GREEN (8) In a memorandum dated August 8, 1991, Administrator, recommended approval of a permit, as requested by Mr. Donovan Green. Shauna Clark, City games of amusement City Administrator Clark explained the games of amusement permit process. City Attorney Penman clarified that the approval would be granted to the applicant, not to the type of the games. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that the games of amusement permit application filed by Mr. Donovan Green, 24 E. Cota, #20l, Santa Barbara, for the business located at 304 South "E" Street, San Bernardino, be approved as recommended by the Chief of Police. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Minor, Pope-Ludlam, Miller. Council Member Estrada, Maudsley. Absent: None. Council Nays: APPROVE IN PRINCIPLE - ESTABLISHING COMMUNITY GARDENS- MT. VIEW CEMETERY (10) In a memorandum dated August 1, 1991, Annie Ramos, Director of Parks, Recreation and Community Services, stated that the objective of the community gardens is to provide the opportunity for individuals to cultivate and grow produce for personal consumption. She outlined the advantages of the proposed site at Mt. View Cemetery. The construction and start up costs are approximately $70,000, with annual operating costs of approximately $35,000. Discussion ensued regarding the costs for the new proposal. Council Member Maudsley made a motion, seconded by Council Member Miller, that the concept of developing community gardens at Mt. View Cemetery be denied. Mayor Holcomb explained that the costs related to the proposal were a one-time cost for fencing and irrigation. 10 8/l9/91 Council Member Pope-Ludlam made a substitute motion, seconded by Council Member Reilly, that the concept of developing community gardens on portions of undeveloped vacant lands at Mt. View Cemetery be referred to the Legislative Review Committee. The substitute motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam. Nays: Council Members Maudsley, Miller. Absent: None. COUNCIL MEMBER ESTRADA EXCUSED At 10: 06 a.m., Council Member Estrada left the Council meeting. RECLASSIFICATION - FOUR CATV MID-MANAGEMENT POSITIONS - TELECOMMUNICATIONS DIVISION (13) In a memorandum dated August 8, 1991, Barbara Dillon, Director of Personnel, stated that in accordance with an agreement with the San Bernardino Employees' Association, the Personnel Department conducted a classification study for four CATV mid-management positions. The reclassifications represent a net increase of $13,908. per year, including salaries and fringe benefits. The total annual compensation for these positions, including fringe benefits is $l61,115., based on appropriate steps. Council Member Reilly made a motion, seconded Member Miller, and unanimously carried, that the classifications of four mid-management positions be as follows, effective July 1, 1991: by Council ti tIes and established Telecommunications Operations Coordinator Range 2341 - $2,204-$2,955 per month; Video Production Coordinator Range 234l - $2,204-$2,955 per month; Telecommunications Technical Coordinator Range 2361 - $2,434-$3,262 per month; Telephone Systems Coordinator Range 2352 - $2,329-$3,12l per month. Council Member Reilly made a motion, seconded by Council Member Miller, and unanimously carried, that the Personnel Department update Resolution 6413, Section ll, and Resolution 6433. COUNCIL MEMBER MINOR EXCUSED At 10:14 a.m., Council Member Minor left the Council meeting. 11 8/19/91 MEMORANDUM OF UNDERSTANDING WITH CALTRANS - ADJUSTMENT OF CONSTRUCTION SCHEDULE FOR ROUTE 30/330 FREEWAY- E.L. YEAGER CONSTRUCTION COMPANY, INC. (14) In a memorandum dated August 8, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that the Wal-Mart Development, located at Highland and Boulder Avenues, has a target opening date of April, 1992. Improvements are needed' on Highland Avenue to handle the additional traffic generated by this development. The proposed Memorandum of Understanding provides, in general, that Caltrans amend its contract to provide for the installation of interim improvements. These interim improvements would allow the developer to install traffic signals at Highland and Boulder Avenues. It is estimated that the additional cost to Caltrans for the interim improvements would be $70,000. The Memorandum of Understanding states that this amount would be paid by the City. However, it is expected that the City would require the developer to provide the funds to finance this cost, since the work is being performed to accommodate their scheduled opening date. Roger Hardgrave, Director of Public answered questions relative to funding improvements. works/City Engineer, the interim street Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor be authorized to execute a Memorandum of Understanding with Caltrans relative to adjustment of the construction schedule for the Route 30/330 Freeway project, in order to accommodate the target opening date for the Wal-Mart Development at Highland Avenue and Boulder Avenue. COUNCIL MEMBER MINOR RETURNED At 10:18 a.m., Council Member Minor returned to the Council meeting and took his place at the council table. RES. 91-373 - RESOLUTION OF THE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE PROPOSED ANNEXATION OF THE AREA GENERALLY LOCATED EAST OF WATERMAN AVENUE, SOUTH OF 6TH STREET AND NORTH OF 3RD STREET, LAFCO 2671. (25) RES. 9l-374 - RESOLUTION OF THE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE PROPOSED ANNEXATION OF THE AREA GENERALLY LOCATED EAST OF WATERMAN AVENUE, SOUTH OF 9TH STREET AND NORTH OF 6TH STREET, DESIGNATED LAFCO 2672. (26) 12 8/19/91 Council Member Miller made a motion, seconded by Council Member Minor, that said resolutions be adopted. Resolution Nos. 91-373 and 91-374 were adopted by the following vote: Ayes: Council Members Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: Council Member Estrada. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE TO UPDATE EXISTING ZONES ON DEL ROSA AVENUE AND "E" STREET, AND ESTABLISHING A SPEED ZONE OF FORTY MILES PER HOUR ON MARSHALL BOULEVARD BETWEEN HARRISON STREET AND ARDEN AVENUE. First (28) Council Member Miller made a motion, seconded by Council Member Hernandez, that the ordinance be laid over for final adoption. A discussion was held regarding opposition to raising speed limits in residential areas. Roger Hardgrave, Director of Public WorkS/City Engineer, explained that the State Vehicle Code contains a "speed trap" provision which requires that speed limits be set by an Engineering survey, and that 85% of drivers be within the legal speed limit (critical speed), to enable the use of radar which is considered an effective means to enforce speed limits within a City environment. Council Member Miller made a substitute motion, seconded by Council Member Maudsley, and unanimously carried, that the ordinance be referred to the Traffic Safety Committee. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:28 a.m., Council Member Pope-Ludlam left the Council meeting. RES. 91-375 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM SAN BERNARDINO COUNTY OFFICE ON AGING FOR THE SENIOR NUTRITION PROGRAM FOR THE PERIOD OF JULY 1, 1991 THROUGH JUNE 30, 1992. (S-2) RES. 91-376 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LLOYD WEVERKA RELATING TO THE PROVISION OF RESIDENT ENGINEERING SERVICES FOR THE CONSTRUCTION OF TRAFFIC SIGNALS, STREET IMPROVEMENTS, A STORM DRAIN AND A BOX CULVERT IN THE VERDEMONT AREA. (5-3) 13 8/19/9l Council Member Reilly made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 91-375 and 91-376 were adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Miller. Nays: None. Absent: Council Members Estrada, Pope-Ludlam. RES. 91-377 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO INTERNATIONAL ENVIRONMENTAL CORPORATION FOR THE FURNISHING OF TRIMMING OF 663 PALM TREES ALONG THE FREEWAY RIGHT-OF- WAY FROM THE I-I0 GUTHRIE INTERCHANGE ALONG 1-215 TO HIGHLAND AVENUE, TO BE UTILIZED CITY WIDE IN ACCORDANCE WITH NEGOTIATED BID DATED JUNE 14, 1991. (S-4) RES. 91-378 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, SUCCESSOR TO THE SOUTH SAN BERNARDINO COUNTY WATER DISTRICT, ASSESSING PROPERTIES WITHIN THE PREVIOUS DISTRICT BOUNDARIES IN THE AMOUNT OF $11,625.00 FOR THE FISCAL YEAR 1991-92. (5-5) Council Member Reilly made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 91-377 and 91-378 were adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Miller. Nays: None. Absent: Council Members Estrada, Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:33 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SUBSECTION D TO SECTION 5.76.510 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DISPLAY OF EMERGENCY LIGHTS AND SIREN ON AMBULANCES. First (AS-I) AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.76.520 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE PHYSICAL ABILITY OF AMBULANCE DRIVERS AND ATTENDANTS. First (A5-2) Robin Cochran, partner with the law firm of GreSham, Varner, Savage, Nolan & Tilden, 600 North Arrowhead Avenue, San Bernardino, CA, explained that she had just learned about the ordinances, and requested that the ordinances relating to ambulances be continued to September 3, 1991, to allow time. to review and respond with input. l4 8/l9/91 Council Member Pope-Ludlam made Council Member Reilly, that the ambulances be continued to September Chambers of City Hall, 300 North "D" California. a motion, ordinances 3, 1991, Street, seconded by relating to in the Council San Bernardino, Discussion ensued regarding concern over ambulances running Code Three. Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, that the ordinances relating to ambulances be referred to the Legislative Review Committee, and to return with a recommendation on September 3, 1991. The substitute motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Mauds1ey, Pope-Ludlam, Miller. Nays: Council Member Minor. Absent: Council Member Estrada. RECESS MEETING At 10:40 a.m., Mayor Holcomb declared a five minute recess. RECONVENE MEETING At 10:55 a.m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Member Miller. REQUEST TO DISCUSS STREET TERRORISM ACT MEMBER HERNANDEZ COUNCIL (S-l) In a memorandum dated May 30, 1991, Detective Breiten, San Bernardino Police Department, stated that the Street Terrorism Enforcement and Prevention Act, (S. T. E. P. Act), was enacted in 1988. The intent was to seek the eradication of criminal activity by street gangs, by focusing on patterns of criminal gang activity and on the organized nature of street gangs, which together are the chief source of terror created by street gangs. COUNCIL MEMBER MILLER RETURNED At 11:02 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. Daniel Robbins, Chief of POlice, San Bernardino Police Department, explained the S.T.E.P. Act and stated that the seven offenses most commonly committed by members of gangs are 1) assault with a deadly weapon; 2) robbery; 3) homicide or 15 8/19/91 manslaughter; 4) sale or possession of narcotics and controlled substances; 5) shooting into an inhabited dwelling or vehicle; 6) arson and 7) witness intimidation. He explained how gang members are identified, and the provision for extending sentences under the S.T.E.P. Act. Discussion ensued regarding the law enforcement system, in that the City and many other local Police Departments have increased the number of sworn and non-sworn Police Officers who patrol the streets. However, the District Attorney's Office, the custodial system such as Juvenile Hall, jails, and the Probation Department (parole) have not been augmented correspondingly to handle the volume of criminals arrested. A discussion S.T.E.P. Act and activity. was held relating to the effectiveness of the other avenues for reducing crime and gang Chief Robbins outlined the methods used to educate youth about the dangers of gangs and drug activity, such as the D.A.R.E. program and the Junior Police Academy. However, he expressed concern that many parents were in denial over their children being involved in gang activity. Chief Robbins felt that a needs assessment was necessary to identify issues and develop a cooperative effort among all of the members of the criminal justice system, and that a comprehensive plan be developed prior to any action being taken. Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, to endorse in principle the concept of a County-wide effort in the war against gangs involving all of the County communities and resources, without identifying any funding source. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:40 a.m., Chairman Holcomb called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 91-379 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING CERTAIN PUBLIC RIGHT-OF-WAY IMPROVEMENTS FOR THE STATE COLLEGE REDEVELOPMENT PROJECT AREA AND THE NORTHWEST REDEVELOPMENT PROJECT AREA. (R-4) Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. 16 8/19/91 Resolution No. 91-379 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 91-380 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, FINDING BENEFIT TO THE STATE COLLEGE REDEVELOPMENT PROJECT AREA IN THE USE OF TAX INCREMENT REVENUES AND BOND PROCEEDS FOR THE PAYMENT OF INFRASTRUCTURE COSTS IN THE VERDEMONT AREA. (R-3) Kenneth Henderson, Executive Director, Development Department, answered questions relating to establishing a financial assistance program for deferring payment of assessments in the Assessment District No. 987, Verdemont area. Those home owners whose combination of mortgage and assessment exceeds 30% or more of their gross income, are determined to be a household in need by HUD. Mayor Holcomb requested that the financial assistance guidelines be brought back at the next council meeting. Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 91-380 was adopted by the following vote: Ayes: Council Member Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A GRANT DEED CONVEYING CERTAIN SURPLUS PROPERTY LOCATED ON THE WEST SIDE OF DEL ROSA AVENUE BETWEEN MARSHALL BOULEVARD AND EUREKA STREET, IN THE CITY OF SAN BERNARDINO, TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. (R-5) Kenneth Henderson, Executive Director, Development Department, answered questions relating to the proposed project to be developed on the Wong property located on Del Rosa, between Eureka Street and Marshall Boulevard. He stated that the Library Board had determined that the location was not an ideal site for a library. Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that the proposal to purchase the Wong parcel from the City of San Bernardino be referred to the Housing Committee. 17 8/19/91 ._--------._-_._~---~..__._-------_..._---- RECESS MEETING At 12:15 p.m., the regular meeting of the Mayor and Common Council recessed to a luncheon workshop in the Management Information Center, (MIC) Room, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, to discuss collective bargaining. RECONVENE MEETING LUNCHEON WORKSHOP COLLECTIVE BARGAINING - CLOSED SESSION (29) At 12:50 p.m., the regular meeting of the Mayor and Common Council reconvened in the Management Information Center, (MIC) Room, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, to discuss collective bargaining. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Member Miller. RECESS MEETING - CLOSED SESSION (29) At 12:50 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; CLOSED SESSION At 12: 50 p. m., Mayor Holcomb called the order in the Management Information Center, Floor, City Hall, 300 North "D" Street, California. closed session to (MIC) Room, Sixth San Bernardino, ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Member Miller. Also present: Fred Wilson, Assistant City Administrator; Andrew Green, Director of Finance; Barbara Dillon, Director of Personnel; and Diane Roth, Deputy City Attorney. ADJOURN CLOSED SESSION At 1:15 p.m., the closed session in the Council Chambers of City Hall, Bernardino, California. adjourned until 2:00 p.m., 300 North "D" Street, San 18 8/19/91 RECONVENE MEETING At 2:00 p.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; Deputy City Attorney Empeno, City Clerk Krasney. Absent: Council Members Estrada, Miller; City Administrator Clark. Also present: Services. Al Boughey, Director, Planning and Building PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 91-08- ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (30) This is the time and place set for a public hearing on General Plan Amendment 9l-08. In a memorandum dated July 30, 1991, Larry Reed, Assistant Director, Planning and Building Services, stated that General Plan Amendment 91-08 is a City initiated General Plan Amendment to change the land use designation from RS, Residential Suburban to CN, Commercial Neighborhood on a 5,000 square foot site located at the northwest corner of Belleview Street and "K" Street. The Environmental Review Committee reviewed the proposal and recommended a negative declaration. The Planning Commiss'ion recommended adoption of the negative declaration and approval of General Plan Amendment No. 91-08 at its meeting of July 16, 1991. Mayor Holcomb opened the hearing. RES. 91-381 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-08 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (30) Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, that the hearing be closed and the resolution be adopted. Resolution No. 91-381 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam. Nays: None. Absent: Council Members Estrada, Miller. 19 8/19/91 APPOINTMENT - ARMAND LEDOUX - MOBILE HOME RENT BOARD- MAYOR HOLCOMB (4) In a recommended Rent Board. memorandum dated August 19, 1991, Mayor Holcomb the appointment of Armand Ledoux to the Mobile Home Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, and unanimously carried, that the appointment of Armand Ledoux to the Mobile Home Rent Board, per Mayor Holcomb's request, be approved. APPOINTMENT - RUSSELL PIPER - MOBILE HOME RENT BOARD- MAYOR HOLCOMB (4) In a undated memorandum, appointment of Russell Piper as Rent Board. Mayor Holcomb recommended the an alternate to the Mobile Home Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, and unanimously carried, that the appointment of Russell Piper an alternate to the Mobile Home Rent Board, per Mayor Holcomb's request, be approved. COUNCIL MEMBER MILLER ARRIVED At 2:04 p.m., Council Member Miller arrived at the Council meeting and took her place at the council table. ADJOURNMENT (31) At 2:15 p.m., Mayor Holcomb adjourned the regular meeting of the Mayor and Common Council, to Tuesday, September 3, 1991, at 8:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk By ~~/~""07?~{ Melanie Vale Deputy City Clerk No. of Items: 43 No. of Hours: 4.5 20 8/l9/91