Loading...
HomeMy WebLinkAbout09-03-1991 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING SEPTEMBER 3, 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 8:38 a.m., Tuesday, September 3, 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, pope-Ludlam; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Members Estrada, Miller. RECESS MEETING At 8:38 a.m., the Mayor and Development Commission recessed 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: North of Marshall Blvd.. east of Del Rosa; (1) & (S-5) Common Council and Community to closed session for the 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)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to 1 9/3/91 f. to confer with the attorney regarding Ii tigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide 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: City of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Companv. 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 Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); Citv of Redlands vs. Inland Vallev Development Aaencv. et al - San Bernardino Superior Court Case No. 255222; County 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- Saab vs. Citv of San Bernardino - Fourth District Court of Appeals Case No. E008652; Zaharopoulos vs. City of San Bernardino - United States District Court - Case No. SACV 90-519 RWR; City 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; Citv of San Bernardino vs. Dvkes/Rampello - San Bernardino Superior Court Case No. 254883; 2 9/3/91 Crain vs. City of San Bernardino - San Bernardino Superior Court Case No. 229990; Meridian Park Investments vs. Citv of San Bernardino- United States District Court - Case No. 91-3993-JSL (JRx); San Bernardino Hotel/Motel Association vs. City of San Bernardino - San Bernardino Superior Court Case No. 264661. Joseph Kranvac vs. Citv of San Bernardino - United States District Court - Case No. SACV-91-400 GLT (RWRx). CLOSED SESSION At 8:38 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 Holcomb; Council Members Ludlam; City Attorney Council Members Estrada, with the following being present: Mayor Reilly, Hernandez, Maudsley, Minor Pope- Penman, City Clerk Krasney. Absent: Miller; City Administrator Clark. 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 agendas while the Council was in closed session. COUNCIL MEMBER ESTRADA ARRIVED At 8:44 a.m., Council Member Estrada arrived at the closed session. CITY ADMINISTRATOR CLARK ARRIVED At 8:44 a.m., City Administrator Clark arrived at the closed session. J. LORRAINE VELARDE, EXECUTIVE ASSISTANT TO THE MAYOR ARRIVED J. Lorraine Velarde, Executive Assistant to the Mayor, arrived at the closed session. ADJOURN CLOSED SESSION At 9:22 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:30 a.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 3 9/3/91 ROLL CALL Roll call was taken with the following Holcomb; Council Members Estrada, Reilly, Minor, pope-Ludlam; City Attorney Penman, City Administrator Clark. Absent: Council being present: Mayor Hernandez, Maudsley, Ci ty Clerk Krasney, Member Miller. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Estrada. ANNOUNCEMENTS BY MAYOR AND COUNCIL (2) There were no announcements by Mayor or Council. PUBLIC COMMENTS - HERB CLEMONS (3) Herb Clemons, a resident of the Sixth Ward and a member of the Northwest Project Area Committee, expressed concerns regarding the proposed closure of the Wests ide Postal Utility Center. PUBLIC COMMENTS - MARK EDWARDS (3) Mark Edwards, President Elect of the San Bernardino Chamber of Commerce, introduced Jean Stephens, as the incoming Vice- President for Governmental Affairs for the San Bernardino Chamber of Commerce. PROCLAMATION OFFICIAL CENTENNIAL YEAR OF LIBRARIES - SEPTEMBER, 1991 THROUGH AUGUST, 1992 THE (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a proclamation declaring the period of September, 1991 through August, 1992 as Official Centennial Year of the Libraries. Bob Ewing, City Librarian, accepted the proclamation. Mr. Ewing invited the Mayor and Council to attend the kick-off celebration on September 15, 1991, from 2:00 p.m., to 4:00 p.m., at the Feldheym Library, 555 W. 6th Street, San Bernardino, California. Mr. Ewing also invited the Mayor and Council to attend the Fiesta celebrating The 25th Anniversary of the Villasenor Branch Library to be held at 3:30 p.m., September 16, 1991, at 525 N. Mt. Vernon Avenue, San Bernardino, California. He requested that persons attending the celebration bring a recipe to be included in the Centennial Cookbook. 4 9/3/91 RESOLUTION COMMENDING PAUL VILLASENOR BRANCH LIBRARY(4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution commending Paul Villasenor Branch Library for providing 25 years of library service to the Spanish-speaking community. Bob Ewing, City Librarian, accepted the resolution. PROCLAMATION - NATIONAL JTPA ALUMNI WEEK - AUGUST 26, 1991 THROUGH SEPTEMBER 2, 1991 (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming August 26, 1991 through September 2, 1991, as National Job Training Partnership Act (JTPA) Alumni Week. JTPA, a federally-funded program, provides assistance to unskilled adults, welfare recipients, school drop-outs and displaced homemakers to receive job training necessary to obtain productive employment. Jim Schneider, Chairperson of the Private Industry Council, accepted the proclamation. Mr. Schneider introduced Deborah Hagar, Vice Chairperson, Private Industry Council. Ms. Hagar recognized several students who have successfully completed the JPTA program and have obtained employment in the community: Ethel Usaraga, Gloria Huitron, Juanita Guillentine, Rosa Estrada and Christine Avila. WAIVE READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. WAIVER PARADE INC. OF FEES AND CITY CO-SPONSORSHIP OF RED RIBBON - OCTOBER 19, 1991 - COMMUNITY AGAINST DRUGS, (6) In a memorandum dated August 13, 1991, John A. Kramer, Superintendent of Recreation, Parks, Recreation and Community Services, reported that San Bernardino Community Against Drugs, Inc. requested a waiver of fees associated with the third annual Red Ribbon Parade scheduled for October 19, 1991. The total waiver of fees amount to $2,019.00 which includes police services, street sweeping services, bleacher/stage and barricade rentals. 5 9/3/91 Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the Red Ribbon Parade scheduled for October 19, 1991 by San Bernardino Community Against Drugs be co-sponsored by the City and the costs incurred by the use of City forces, equipment and Police personnel in the amount of $2,019, be waived. WAIVER AWARDS DRUGS, OF FEES CEREMONY INC. AND CITY CO-SPONSORSHIP RED - NOVEMBER 18, 1991 - COMMUNITY RIBBON AGAINST (7) In a memorandum dated August 13, 1991, John A. Kramer, Superintendent of Recreation, Parks, Recreation and Community Services, stated that San Bernardino Community Against Drugs, Inc., and the San Bernardino County Office of Alcohol and Drug Programs have planned a Red Ribbon Awards Ceremony on November 18, 1991 from 8:30 a.m., to 1:00 p.m., at the Sturges Center, 796 North "E" Street. San Bernardino Community Against Drugs has requested a waiver of fees in the amount of $642.50 for rental of the Sturges Auditorium. Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the Red Ribbon Awards Ceremony scheduled for November 18, 1991, by San Bernardino Community Against Drugs be co-sponsored by the City and that the cost of renting City facility, i.e., Sturges Center for the Fine Arts, in the amount of $642.50, be waived. WAIVER OF FEES 16TH OF SEPTEMBER CELEBRATION- HISPANIC CHAMBER OF COMMERCE - RESOLUTION AUTHORIZING AGREEMENT FOR FINANCIAL ASSISTANCE (8) In a memorandum dated August 21, 1991, Fred Wilson, Assistant City Administrator, reported that the Inland Empire Hispanic Chamber of Commerce has requested a waiver of fees associated with the 16th of September Celebration at Nunez Park. The waiver of fees consists of use of City forces, equipment rental, manpower, and police services for a total cost of $14,852. At their meeting of August 21, 1991, the Ways and Means Committee recommended that an agreement authorizing the expenditure of $5,000 in civic and promotional funding be approved to assist the Hispanic Chamber in the conduct of their 16 of September celebration. RES. 91-382 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE HISPANIC CHAMBER OF COMMERCE RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1991-92. (8) 6 9/3/91 Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that utilization of City crews and equipment and City police personnel for assisting the Inland Empire Hispanic Chamber of Commerce in the conduct of the 16th of September celebration at Nunez Park, be approved. Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the expenses incurred by the use of City forces and equipment and Police Department personnel in providing assistance to the Inland Empire Hispanic Chamber of Commerce for the conduct of the 16th of September celebration at Nunez Park, be waived. Council Member Estrada made a motion, seconded by Council Member Minor, that said resolution be adopted. Ayes: Minor, Miller. Resolution No. 91-382 was adopted by the following vote: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam. Nays: None. Absent: Council Member WAIVER OF FEES - 16TH OF SEPTEMBER CELEBRATION - CASA RAMONA, INC. RESOLUTION AUTHORIZING AGREEMENT FOR FINANCIAL ASSISTANCE (9) In a memorandum dated August 22, 1991, Annie R. Ramos, Director, Parks, Recreation and Community Services, reported that Casa Ramona, Inc., a non-profit corporation, has requested a waiver of fees and costs incurred with the use of Seccombe Lake Park for the 16th of September Celebration. At their meeting of August 21, 1991, the Ways and Means Committee recommended that an agreement authorizing the expenditure of $5,000 in civic and promotional funding be approved to assist Casa Ramona in the conduct of their 16th of September celebration be approved. RES. 91-383 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CASA RAMONA RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1991-92. (9) Council Member Estrada announced that she would abstain from voting on this item. Council Member Estrada made a motion, seconded by Council Member Minor, that utilization of City crews and equipment for assisting Casa Ramona, Inc., a non-profit corporation, in their 16th of September celebration at Seccombe Lake Park, be authorized. 7 9/3/91 The motion Members Reilly, None. Abstain: Miller. carried by the following vote: Ayes: Council Hernandez, Maudsley, Minor, Pope-Ludlam. Nays: Council Member Estrada. Absent: Council Member Council Member Estrada made a motion, seconded by Council Member Minor, that the fees for use of facilities and equipment and the expenses incurred by the use of City forces and equipment in providing assistance to Casa Ramona, Inc. a non-profit corporation, for the 16th of September celebration at Seccombe Lake Park, be waived. The motion Members Reilly, None. Abstain: Miller. carried by the following vote: Ayes: Council Hernandez, Maudsley, Minor, Pope-Ludlam. Nays: Council Member Estrada. Absent: Council Member Council Member Estrada made a motion, seconded by Council Member Minor, that said resolution be adopted. Resolution No. 91-383 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope- Ludlam. Nays: None. Abstain: Council Member Estrada. Absent: Council Member Miller. IMPROVEMENT OF BELMONT AVENUE TO PINE AVENUE - APPROVAL OF ADVERTISE FOR BIDS FROM LITTLE LEAGUE DRIVE PLANS & AUTHORIZATION TO (10) In a memorandum dated August 15, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, requested approval of plans and authorization to advertise for bids for installation of street improvements on Belmont Avenue from Little League Drive to Pine Avenue. The project consists of installing curbs and gutters, sidewalks, street lights and paving. The total estimated project cost is $886,500. Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the plans for the improvement of Belmont Avenue, from Little League Drive, to Pine Avenue, in accordance with Plan No. 8505, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. INSTALLATION OF STORM DRAIN - NORTHPARK BOULEVARD FROM "F" STREET TO MAYFIELD AVENUE - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS (11) In a memorandum dated August 20, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, requested approval of plans and authorization to advertise for bids for the installation of a storm drain in Northpark Boulevard, from "F" 8 9/3/91 Street to Mayfield Avenue. $180,000. The estimated project cost is Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the plans for installation of a storm drain in Northpark Boulevard, from "F" Street to Mayfield Avenue, in accordance with Plan No. 8403, be approved, and that the Director of Public works/City Engineer be authorized to advertise for bids. WIDENING OF EXISTING BRIDGE - SOUTH "E" SANTA ANA RIVER STREET OVER (12) In a memorandum dated August 19, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, requested approval of plans for the widening of the south "E" Street Bridge over the Santa Ana River. The project consists of widening the existing bridge to provide two traffic lanes in each direction, a left turn lane, and traffic signals at the intersection of Fairway Drive and "E" Street. The total estimated project cost is $5,167,000. Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the plans for widening the south "E" Street bridge over the Santa Ana River, in accordance with Plan No. 8347, be approved. INSTALLATION OF A 42-INCH STORM DRAIN - WATERMAN AVENUE FROM WIER ROAD TO COMMERCIAL ROAD - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS (13) In a memorandum dated August 15, 1991, Roger G. Hardgrave, Director of Public Works /Ci ty Engineer, requested approval of plans for installation of a storm drain in Waterman Avenue, from Wier Road to Commercial Road. The project consists of installing a 42-inch storm drain to convey storm water to the major storm drain in Wier Road. The total estimated project cost is $133,000. Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the plans for construction of a 42-inch storm drain in Waterman Avenue, from Wier Road to Commercial Road, in accordance with Plan No. 8551, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. VACATION OF THE NORTH/SOUTH SEWER EASEMENT - ORANGE SHOW ROAD BETWEEN ARROWHEAD AVENUE STREET NORTH OF AND liEU (14) In a memorandum dated August 15, 1991, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that a request was 9 9/3/91 received from Douglas Goodman, representing the Blood Bank of San Bernardino and Riverside Counties, to vacate and quitclaim an existing ten foot wide sewer easement for use as a sewer lateral for its property. The 396 foot long north/south running sewer easement lies north of Orange Show Road between Arrowhead Avenue and "E" Street. Originally, this sewer line was to serve properties both north and south; however, over the years, Orange Show Lane was built and the properties which would have tied into this sewer line tied into other sewer lines closer to their properties. As a result, this sewer line serves just this one property. This sewer easement vacation would remove the responsibility for maintenance and repair from the City to the property owner. Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the Director of Public works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of the north/south sewer easement located north of Orange Show Road between Arrowhead Avenue and "E" Street. Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that Plan No. 8556, showing the proposed vacation of the north/south sewer easement lying north of Orange Show Road between Arrowhead Avenue and "E" Street, be approved. CLAIMS AND PAYROLL (15 ) Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated August 26, 1991, from the Director of Finance, be approved. PERSONNEL ACTIONS (16) Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated August 22, 1991, in accordance with all administrative regulations of the City of San Bernardino, be approved. RES. 91-384 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ROOSEVELT BOWL RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1991-92. (17) 10 9/3/91 RES. 91-385 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO ENVIRONMENTAL HEALTH SERVICES RELATING TO THE REIMBURSEMENT OF TIPPING FEES FOR THE CITY OF SAN BERNARDINO. (18) RES. 91-386 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ARNOLD M. STEIN, M.D., RELATING TO MEDICAL SERVICES. (19) RES. 91-387- RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE SYMPHONY ASSOCIATION FOR THE PROMOTION OF ARTS AND CULTURE. (20) RES. 91-388 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION TEN, ENTITLED IN PART "A RESOLUTION. ESTABLISHING A BASIC COMPENSATION PLAN "; BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS. (GENERAL UNIT) (21) RES. 91-389 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413, SECTION THIRTEEN, TEMPORARY/ PART-TIME EMPLOYEES, ENTITLED IN PART A "RESOLUTION . . ESTABLISHING A BASIC COMPENSATION PLAN. ." BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS. (22) RES. 91-390 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED IN PART, "A RESOLUTION . . . ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS, ALLEYS, OR PORTIONS THEREOF. . ."; AND AUTHORIZING THE IMPLEMENTATION OF A TWO-HOUR PARKING LIMITATION ON "E" STREET, BETWEEN ORANGE SHOW ROAD AND ORANGE SHOW LANE, APPLICABLE TO THE EAST SIDE ONLY. (23) RES. 91-391 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 66 OF LOCAL AGENCY FEDERAL-AID SAFETY IMPROVEMENT PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE REHABILITATION OF PAVEMENT ON WATERMAN AVENUE. (24) RES. 91-392 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFCO 2684, FOR THE AREA GENERALLY LOCATED NORTHEASTERLY OF HIGHLAND AVENUE AND WATERMAN AVENUE. (Mt. View Cemetery) (25) 11 9/3/91 Council Member Estrada made a motion, seconded by Council Member Minor, that said resolutions be adopted. Resolution Nos. 91-384, 91-385, 91-386, 91-387, 91-388, 91- 389, 91-390, 91-391, and 91-392 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent: Council Member Miller. 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. (Continued from August 19, 1991) First (26) Council Member Reilly made a motion, seconded by Council Member Minor, and unanimously carried, that said ordinance be continued to September 16, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 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. (Continued from August 19, 1991) First (27) Council Member Reilly made a motion, seconded by Council Member Minor, and unanimously carried, that said ordinance be continued to September 16, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. WAIVER OF FEES USE OF FISCALINI FIELD SAN BERNARDINO CHILD ADVOCACY PROGRAM, INC. CONTINUED FROM AUGUST 19, 1991 (28) This is the time and place continued to for consideration of a request from the San Bernardino Child Advocacy Program, Inc., to waive fees in the amount of $315.00 for use of Fiscalini Field for a fund-raising activity. In a memorandum dated August 1, 1991, Shauna Clark, City Administrator, stated that the San Bernardino Child Advocacy Program, Inc., requested a waiver of fees in the amount of $315.00 for use of Fiscalini Field on October 26, 1991, for a fund raising event. The purpose of the event is to solicit funds for the Child Advocacy Program which provides volunteer services for abused children who are dependents of the San Bernardino Juvenile Court. 12 9/3/91 Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the request of the San Bernardino Child Advocacy Program, Inc., to waive fees in the amount of $315.00 for the use of Fiscalini Field on October 26, 1991, for a fund-raising activity, be approved. SET PUBLIC HEARING - INCREASE IN MEDICAL FROM AUGUST 19, 1991 SEPTEMBER 16, 1991 AT 10:00 A.M.- TRANSPORTATION RATES - CONTINUED (29) This is the time and place continued to relative to setting a public hearing on September 16, 1991 at 10:00 a.m., to discuss the proposed increase in medical transportation rates. A letter dated August 27, 1991, was received in the City Clerk's Office from D. Steven Rice, President, Courtesy Ambulance Service, requesting a continuance until October 7, 1991. In a memorandum dated August 6, 1991, Lee Gagnon, Business License Supervisor, reported that at its meeting of July 9, 1991, the Bureau of Franchises recommended approval of the request from Courtesy Services to increase the ambulance service rates. Council Member Estrada made a motion, seconded by Member Hernandez, and unanimously carried, that the relative to setting a public hearing to increase the transportation rates be tabled. Council matter medical AB 538 - ENABLING THE SALE OF THE PATTON PROPERTY- ASSEMBLYMAN JERRY EAVES (30) In a memorandum dated August 28, 1991, Shauna Clark, City Administrator, stated that Assemblyman Jerry Eaves introduced AB 538, which would enable the City of San Bernardino to sell surplus Patton Park land. The entire Patton property consists of 80 acres. Twenty-three acres have been developed into Speicher Park. The remaining 57 acres have great commercial potential, due to its proximity to a freeway offramp. The City could realize approximately $12,414,000 from the sale of the Patton property. Mayor Holcomb urged the Council to support AB 538. He stated that the City could obtain a substantial source of revenue from the sale of a portion of the Patton Park land. He pointed out that the money could be used to make repairs on existing parks or be used to create parks in the City. He indicated that the Director of Parks, Recreation and Community Services submitted a list of deferred maintenance on existing parks. He proposed that approximately ten acres of the Patton Park property be sold and the money be used for needed repairs on existing parks. 13 9/3/91 Mayor Holcomb informed the Council that if the City does not complete the development of the Patton Park property, the State Park's Division has indicated they will implement the right to retrieve the property. Discussion ensued regarding time restraints placed on the City for the completion of the development of Patton Park. The Council expressed concern that it would be appropriate to have a public hearing to receive public input on this matter prior to taking action. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council support AB 538 enabling the sale of the Patton property. The motion carried by the following vote: Ayes: Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam. Council Member Estrada. Absent: Council Member Miller. Council Nays: DISCUSSION ON THE COSTS OF CITY SWEEPS - COUNCIL MEMBER HERNANDEZ (31) Discussion ensued regarding the inability to obtain information on the costs of conducting City sweeps. Council Member Hernandez pointed out the necessity of having this information made available to the public. City Administrator Clark indicated that the information requested by Council Member Hernandez would require extensive time to research. Staff would be required to go back and reconstruct this data from the time of the first sweep to the present. She stated however that improvements have been made and new methods have been incorporated in obtaining detailed information on the costs to conduct City sweeps. City Administrator Clark acknowledged that other areas of the City can benefit from an all out sweep like that conducted in the Arden Guthrie area. She pointed out that the workload of the code enforcement staff is heavily burdened in responding to public nuisance abatement complaints which have been logged into the City's complaint system. She requested that the Economic Development Agency be authorized to allocate funds to establish a code enforcement task force. This task force would concentrate on conducting sweeps in certain areas of the City in order to allow the existing code enforcement officers time to respond to the complaints logged in the City'S complaint system. City Administrator Clark answered questions reasons for delays in responding to public nuisance already logged into the City's complaint system. regarding complaints 14 9/3/91 Discussion ensued regarding whether or not the City maintained detailed records of the displaced tenants, who were evicted from the Arden Guthrie apartments, as a result of City sweeps; and if the relocation of those tenants into other areas of the City have contributed to the increase crime rate in those areas. A Council Member expressed concern that there may not be available funds to conduct sweeps in other areas of the City due to the expense incurred in conducting the Arden Guthrie area sweep. No action was taken. RECESS MEETING At 11:01 a.m., Mayor Holcomb declared a ten-minute recess. RECONVENE MEETING At 11:11 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 with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Clark. Absent: Council Member Miller. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:11 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. 91-393 - 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-3A) Council Member pope-Ludlam made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Ayes: Minor, Miller. Resolution No. 91-393 was adopted by the following vote: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam. Nays: None. Absent: Council Member 15 9/3/91 RES. 91-394 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING A CERTAIN PUBLIC IMPROVEMENT PROJECT FOR THE UPTOWN REDEVELOPMENT PROJECT AREA. (Pioneer Cemetery) (R-4A) Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Ayes: Minor, Miller. Resolution No. 91-394 was adopted by the following vote: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam. Nays: None. Absent: Council Member ANNOUNCEMENT - LUNCHEON WORKSHOP - ARDEN/GUTHRIE AREA REVITALIZATION PLAN Mayor Holcomb, Chairman of the Community Development Commission requested a luncheon workshop to discuss the Arden/Guthrie Area Revitalization Plan. RECESS MEETING At 12:06 p.m., Mayor Holcomb recessed the regular meeting of the Community Development Commission to a luncheon workshop in the Management Information Center, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, to discuss the Arden/Guthrie Area Revitalization Plan. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:55 p.m., Chairman Holcomb called the luncheon workshop to order in the Management Information Center, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, ROLL CALL Roll call was taken with the following being present: Chairman Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam; Deputy City Attorney Barlow, City Clerk Krasney, City Administrator Clark. Absent: Council Member Miller. ARDEN/GUTHRIE AREA REVITALIZATION PLAN (R-8) The Council, acting as the Commission, discussed and took action on the Arden/Guthrie Revitalization Plan. RECESS MEETING - CLOSED SESSION At 1:48 p.m., the luncheon workshop recessed to closed session to give instruction to the CitY's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located north of Marshall Boulevard, east of Del Rosa. 16 9/3/91 CLOSED SESSION At 1:48 p.m., Mayor Holcomb called the closed session to order in the Management Information Center, Sixth Floor, 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; Sr. Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Clark. Absent: Council Member Miller. Also Executive Assistant Assistant present: Tim Sabo, Agency Counsel; Ken Henderson, Director, Development Department; Fred Wilson, City Administrator; J. Lorraine Velarde, Executive to the Mayor. ADJOURN CLOSED SESSION At 1:50 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino, California. RECONVENE MEETING At 2:02 p.m., Mayor Holcomb reconvened the regular meeting of the Mayor and Common Council 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; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Clark. Absent: Council Member Miller. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 2:02 p.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. The Council, acting as the Commission, took action regarding the granting of exclusive right to negotiate with Rancon, Inc., for the development of a large-scale redevelopment project in the Central City North Project Area. SENIOR Senior meeting and ASSISTANT CITY ATTORNEY BARLOW EXCUSED Assistant City Attorney Barlow left was replaced by City Attorney Penman. the Council 17 9/3/91 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.30 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE ABATEMENT OF PROPERTY NUISANCES AND STREAMLINING THE ADMINISTRATIVE PROCEDURES FOR LIENS AND SPECIAL ASSESSMENTS AND REPEALING CHAPTER 8.33 First (8-2) Discussion ensued regarding appeal fees. Council Member Reilly made a motion, seconded by Council Member Estrada, that further reading of the ordinance be waived and said ordinance be laid over for final adoption. The motion carried by the following vote: Members Estrada, Reilly, Maudsley, Minor. Nays: Hernandez, Pope-Ludlam. Absent: Council Member Ayes: Council Miller. Council Members CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Council meeting and ~as replaced by Deputy City Attorney Empeno. APPEAL OF REVOCATION OF CONDITIONAL DEVELOPMENT PERMIT NO. 198 - CIVIC CENTER MOTEL - 665 NORTH "D" STREET- CONTINUED FROM AUGUST 5, 1991 (34) This is the time and place continued to revocation of Conditional Development Permit Civic Center Motel located at 665 North Bernardino, California. for No. "DII an appeal of 198 for the Street, San In a memorandum dated June 12, 1991, Larry E. Reed, Assistant Director, Planning and Building Services, reported that the City Attorney's office received a call from the appellants' attorney on June 11, 1991, requesting a continuance in order to prepare the necessary information for the hearing officer regarding due process issues. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the appeal of the revocation of Conditional Development Permit No. 198, Civic Center Motel, be continued for thirty (30) days (Council meeting of October 7, 1991) at the request of the Hearing Officer, in order for the Hearing Officer to finalize his decision. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 91-02- AMENDING SECTION 19.06.020, TABLE 06.01 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS (35) This is the time and place set for a public hearing on Development Code Amendment No. 91-02 amending Section 19.06.020, Table 06.01 Commercial and Industrial Districts, permitted uses of the San Bernardino Municipal Code. 18 9/3/91 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.06.020, TABLE 06.01 COMMERCIAL AND INDUSTRIAL DISTRICTS LIST OF PERMITTED USES OF THE SAN BERNARDINO MUNICIPAL CODE (Title 19 - The Development Code) RELATING TO ALLOWING EDUCATIONAL SERVICES IN THE CO-1, CO-2, IL AND IH LAND USE DESIGNATIONS/ZONES WITH A CONDITIONAL USE PERMIT. First (35) Mayor Holcomb opened the hearing. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that the hearing be closed; that the Mayor and Common Council adopt the negative declaration; and that said ordinance be laid over for final adoption. DEPUTY CITY ATTORNEY EMPENO EXCUSED Deputy City Attorney Empeno left the Council meeting and was replaced by City Attorney Penman. ANNOUNCEMENT - EMPLOYEE SEPARATION - JOHN MONTGOMERY- PLANNING/BUILDING SERVICES DEPARTMENT Al Boughey, Director of Planning /Building Services, announced that John Montgomery, Principal Planner, has resigned to accept a position of Assistant Director of Community Development in Laguna Beach. RES. 91-395 A RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING 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. (LAFCO 2680) (S-l) Council Member Minor made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 91-395 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Minor, Pope-Ludlam. Nays: Council Member Hernandez. Abstain: Council Member Maudsley. Absent: Council Member Miller. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 5.04.526E RELATING TO BUSINESS LICENSE FEES. First (S-3) Council Member Estrada made a motion, seconded by Council Member Minor, that said ordinance be laid over for final adoption. 19 9/3/91 The motion carried by Members Estrada, Reilly, Council Member Pope-Ludlam. the following vote: Ayes: Council Hernandez, Maudsley, Minor. Nays: Absent: Council Member Miller. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 3.52.020. A AND 3.52.020.F AND ADDING SECTION 3.52.020.G RELATING TO TRANSIENT OCCUPANCY TAX. First (5-4) City Attorney Penman explained the revisions that were made to the ordinance. Council Member Reilly made a motion, seconded by Council Member Maudsley, and unanimously carried, that said ordinance be laid over for final adoption. DISCUSSION BUSINESS LICENSE PENALTIES DELINQUENCIES - COUNCIL MEMBER HERNANDEZ AND (32) Council Member Hernandez stated that he had complaint from a small business owner regarding business license penalty and delinquency fees. received a excessive Lee Gagnon, Business License Supervisor, answered questions regarding the number of delinquent business licenses and the method used to enforce payment of delinquent accounts. No action was taken. INSTALLATION OF OFF-SITE IMPROVEMENTS - CHAPTER 12.92- AUTHORIZATION TO PROCEED (33) In a memorandum dated August 22, 1991, Roger G. Hardgrave, Director of Public works/City Engineer, requested authorization to proceed with the installation of necessary off-site improvements under the provisions of Chapter 12.92 of the Municipal Code. Council Member Reilly made a motion, seconded by Council Member Estrada, that the Director of Public Works/City Engineer be authorized and directed to initiate proceedings for the installation of necessary off-site improvements under the provisions of Chapter 12.92 of the Municipal Code on the following described parcels of land: 139-172-11; 140-072-020; 143-151-07; 143-151-08; 145-191-02; 145-191-03; 145-192-30; 145-191-01; 152-023-20; 152-023-30; 143-181-08;143-181-09; 20 9/3/91 and that assessments in excess of $50.00 therefor, if any, will be collected in annual installments, not exceeding three years, on the respective County Tax Bills and that such installments will bear interest at the rate of 7% per annum on the unpaid balance. Council Member Reilly Member Estrada, that the pertinent to this project. made a motion, seconded by Council City absorb the incidental costs The motions carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor. Nays: Council Member Pope-Ludlam. Absent: Council Member Miller. RES. 91-396 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO IMPOSING AN ADDITIONAL STATE/COUNTY PARKING SURCHARGE ON PARKING FINES OF $3.50 PURSUANT TO AB 544 AND SB 21. (Emergency Item) City Clerk Krasney read the title of the resolution. Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that the matter of imposing an additional State/County parking surcharge on parking fines arose subsequent to the posting of the Council agenda. Council Member Minor made a motion, Member Reilly, that further reading of the and said resolution be adopted. seconded by Council resolution be waived Ayes: Minor, Miller. Resolution No. 91-396 was adopted by the following vote: Council Members Estrada, Reilly, Hernandez, Maudsley, pope-Ludlam. Nays: None. Absent: Council Member ADJOURNMENT At 2:34 p.m., Mayor Holcomb 8:30 a.m., Monday, September 16, City Hall, 300 North "D" Street, (36) adjourned the regular meeting 1991, in the Council Chambers San Bernardino, California. to of RACHEL KRASNEY City Clerk , /J By"k~~'L~'~ D~ane Joners, Deputy City Clerk No. of Items: 50 No. of Hours: 6 hrs. 21 9/3/91