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HomeMy WebLinkAbout01-17-1989 Minutes . City of San Bernardino, California January 17, 1989 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:05 a.m., Tuesday, January 17, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Rev. Norman Williams of the First Christian Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem- pore Maudsley. ROLL CALL Roll Call was taken with the following being pre- sent: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor; Deputy City Attorney Wilson, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Members Pope-Ludla~, Miller. . PUBLIC COMMENTS - SUSAN SMITH-HARTMANN Susan Smith-Hartmann, who identified herself as a Social Worker III, asked for the remembrance of January 28, 1973, as the anniversary of the ceaSe fire of the American conflict in Vietnam. She requested that repre- sentatives of the City meet with a special committee concerning VARP in support of a halfway house for alco- holic women. She also requested the recalling of Council Member Pope-Ludlam. (A) PUBLIC COMMENTS - WILLIE CLARK Willie Clark, a retired San Bernardino police officer and President of the NAACP, spoke in favor of a salary benefit increase for police officers. (A) COUNCIL At 9:12 the Council Table. MEMBER POPE-LUDLAM ARRIVED a.m., Council Member Pope-Ludlam arrived at Meeting and took her place at the Council SERVICE A\vARDS Mayor Wilcox presented vice pins for their years of several service employees wi th ser- for the City. (B) . 1 1/17/89 . APPOINTMENTS - CEMETERY COMMISSION - VERNON GEORGE VANCE AND LENNY BERZ In separate memorandums dated January 6, 1989, Mayor Wilcox requested the appointments of Vernon George Vance, 1230 Poplar Street, and Lenny Berz, 3152 Parks ide Drive, to the Cemetery Commission. (C) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that Ver- non George Vance and Lenny Berz be appointed to the Cemetery Commission. APPROVE MINUTES - DECEMBER 5, 1988 - CONTINUED FROM JANUARY 3, 1989 Council Member Maudsley stated voting on this item, as he was not ber 5, 1988, Council Meeting. he would abstain from present at the Decem- (1) Council Member Estrada made a motion, seconded by Council Member Reilly, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernar- d ino held on December 5, 1988, be approved as submi tted in typewritten form. . The motion carried by the Council Members Estrada, Reilly, None. Absent: Council Members Abstain: Council Member Maudsley. following vote: Flores, Minor. Pope-Ludlam, Ayes: Noes: Miller. CLAIMS AND PAYROLL Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as listed on the memorandum from the Director of Finance, dated January 10, 1989, be approved. (2) PERSONNEL ACTIONS Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the personnel actions submitted by the Director of Personnel, dated January 5, 1989, in accordance with all admini- strative regulations of the City of San Bernardino, be approved. (3) . 2 1/17/89 . APPROVAL OF LEGISLATIVE REVIEW COMMITTEE MINUTES - JANUARY 5, 1989 Counc i 1 Member Estrada made a mot i on, seconded by Council Member Maudsley and unanimously carried, that the minutes of the Legislative Review Committee Meeting held January 5, 1989, be approved. The following items were on the agenda: (4) 1. Report On Encroachments Right-of-Way Being A Hazard Or Tract No. 11118, Meyers Road; In Street Hindrance 2. Financing Certain Improvements In Verde- mont Area; 3. Proposed Ordinance To Establish manent Policy And Guidelines For Managed Growth In San Bernardino. A Per- Quality . APPROVAL OF WAYS AND MEANS COMMITTEE MINUTES - JANUARY 9, 1989 Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the minutes of the Ways and Means Committee Meeting held January 9, 1989, be approved. The following items were on the agenda: (5) 1. Victim Support Funding; 2. Street Sweeping Survey. EXCESS WORKERS' COMPENSATION INSURANCE - APPROVAL OF PURCHASE FROM EMPLOYERS' REINSURANCE CORPORATION THROUGH MARSH MC CLENNAN In a memorandum dated January 4, 1989, James Rob- bins, Acting City Administrator, stated that after re- ceiving quotes from three out of five different insurance companies contacted regarding Excess Workers' Compensa- tion Insurance, he recommends the insurance be purchased from Employers' Reinsurance Corporation through Marsh McClennan. (6) This would insure losses in excess of $500,000 with an estimated annual cost of $82,000, based on a rate of $00.2622 per $100 of payroll. Counci 1 Member Estrada made a mot i on, seconded by Council Member Maudsley and unanimously carried, that the purchase of Excess Workers' Compensation Insurance from Employers' Reinsurance Corporation, through Marsh McClennan, for losses in excess of $500,000, be approved. . 3 1/17/89 . READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all of the reso- lutions on the Council and Supplemental Agendas. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that fur- ther reading of the resolutions be waived. RESOLUTION OF THE CITY OF SAN BERNARDINO RENEWING THE COMMITMENT TO COMPLETE DEVELOP- MENT OF THE PATTON PARK PROPERTY AND TO DESIGNATE THE PARK DEVELOPMENT FEE FUND, AND THE CITY'S ALLOCATIONS THROUGH STATE AND/OR FEDERAL PARK DEVELOPMENT FUNDS AS POTENTIAL SOURCES FOR FUNDING THE COMPLETION. (Con- tinued from 12/19/88) (10) Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be continued to February 20, 1989. Council Member Minor made a motion, Council Member Maudsley, that the following be adopted: seconded by resolutions . RES. 89-12 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE FIRE STATION LOCATION PACKAGE TRANSFER AGREE- MENT BETWEEN PUBLIC TECHNOLOGY, INC., AND THE CITY OF SAN BERNARDINO COVERING THE TRANSFER OF THE FIRE STATION LOCATION PACKAGE (FSLP) AND REPEALING RESOLUTION NO. 88-460. (11) RES. 89-13 - A RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 88-354, ENTITLED IN PART, nA RESOLUTION.. .APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF A JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY... n; DELETING JOHN KIRWAN AS THE CITY'S ALTERNATE REPRESENTATIVE AND ADDING THE DEPUTY CITY ADMINISTRATOR - ADMINISTRA- TIVE SERVICES, JAMES ROBBINS OR THE RISK MANAGER. (12) . 4 1/17/89 . RES. 89-14 - RESOLUTION OF BERNARDINO AUTHORIZING THE AGREEMENT WITH JOHN KIRWAN SULTING SERVICES FOR THE DIVISION. THE CITY OF SAN EXECUTION OF AN TO PERFORM CON- RISK MANAGEMENT (13) RES. 89-15 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING VEHICLE REIMBURSEMENT ALLOWANCE FOR VARIOUS CITY EMPLOYEES. (Dis- cussion regarding this resolution follows on Page 5). (14) Resolution Nos. 89-12, 89-13, 89-14, 89-15 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Member Miller. RES. 89-16 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 82-99 ENTITLED IN PART "RESOLUTION.. .AMENDING CON- FLICT OF INTEREST CODES..."; BY AMENDING APPENDIX A TO ADD, DELETE AND CHANGE THE TITLES OF VARIOUS POSITIONS WITHIN DEPART- MENTS OF THE CITY WHICH MUST FILE CONFLICT OF INTEREST STATEMENTS. (15) . Susan Hartmann, a citizen, requested regarding the meaning of this resolution. Clark answered questions. information Ci ty Clerk Council by Council adopted. Member Member Pope-Ludlam made a mot ion, seconded Maudsley, that said resolution be Resolution No. 89-16 was vote: Ayes: Counc i 1 Members Maudsley, Minor, Pope-Ludlam. Council Member Miller. adopted by the following Estrada, Reilly, Flores, Noes: None. Absent : RECONSIDERATION OF RESOLUTION NO. 89-14 - VEHICLE REIMBURSEMENT ALLOWANCE Council Member Pope-Ludlam made a mot ion, seconded by Council Member Flores and unanimously carried, that Resolution No. 89-14, adopted previously in the meeting, concerning the authorization of a vehicle reimbursement allowance for various City employees, be reconsidered for the purpose of discussion. (See Page 5) (14) . 5 1/17/89 . Acting City Administrator Robbins answered ques- tions, stating that money for this vehicle allowance was included in the budget. He stated that the monthly cost of this allowance, $2,8510, will not change if this reso- lution is enacted. Eleven employees are receiving the allowance, resulting in six cars being put into a pool for departmental use. No further action was taken. Council Member Minor Council Member Flores, that adopted: made a motion, seconded by the following resolutions be RES. 89-17 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE AGREEMENT FOR UNDERWRITING SERVICES WITH EHRLICH BOBER & CO., INC., INITIATING PRO- CEEDINGS FOR DEVELOPMENT OF A FIFTY (510) UNIT SENIOR CITIZEN HOUSING PROJECT IN THE CITY OF SAN BERNARDINO. (16) . RES. 89-18 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CER- TAIN RECORDS BY THE FINANCE DEPARTMENT. (17) RES. 89-19 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO CONTRACT WITH THE COUNTY OF SAN BERNARDINO ACTING AS THE AREA AGENCY ON AGING APPROVING A REVISED BUDGET FOR THE SENIOR NUTRITION PROGRAM TO INCLUDE AN ADDITIONAL ONE-TIME GRANT SUM OF $210,3210 FOR THE PUR- CHASE OF EQUIPMENT AND HIRING OF ADDITIONAL STAFF NECESSARY TO IMPROVE THE MEAL SERVICE FOR THE BUDGET YEAR 1988-89, AND AUTHORIZING THE EXECUTION OF ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATIONS UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964. (18) RES. 89-210 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR COMPUTER EXAMINATION SCORING SERVICES FOR AN ADDITIONAL ONE YEAR PERIOD. (19) . 6 1/17/89 . Resolution Nos. 89-17, 89-18,89-19 and 89-20 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Member Miller. Council Member Flores made a motion, seconded by Council Member Reilly, that the following resolutions be adopted: RES. 89-21 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PAYROLL TAX CONTROL CORPORA- TION FOR UNEMPLOYMENT COMPENSATION CLAIMS ADMINISTRATION AND COST CONTROL SERVICES EFFECTIVE FEBRUARY 1, 1989. (20) This resolution was adopted by amending the effect- ive date to read February 1, 1989, instead of January 1, 1989. RES. 89-22 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CER- TAIN RECORDS BY THE PUBLIC SERVICES DEPART- MENT. (21) . Resolution Nos. 89-21 and 89-22 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Member Miller. RES. 89-23 - RESOLUTION OF THE CITY OF SAN BERNARDINO SUPPORTING THE REVISION OF THE DESIGN OF THE ROUTE 30/330 INTERCHANGE TO A FULL FREEWAY TO FREEWAY FACILITY AND THE REVIS ION OF THE ARDEN AVENUE INTERCHI\.NGE TO UPGRADE THE TRAFFIC CAPACITY. (22) Discussion ensued regarding the Central Avenue on and off ramps for the separate project. construction of freeway bei ng a Council Member Maudsley made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 89-23 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam. Council Member Miller. adopted by the following Estrada, Reilly, Flores, Noes: None. Absent: . 7 1/17/89 . RES. 89-24 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 EN- TITLED, IN PART, "A RESOLUTION...PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF..." TO ESTABLI SH A NO PARK- ING ANY TIME ZONE ON WATERMAN AVENUE BETWEEN NINTH STREET AND OLIVE STREET, APPLICABLE TO THE EAST SIDE ONLY. (23) Council Member Reilly made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 89-24 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam. Council Member Miller. adopted by the following Estrada, Reilly, Flores, Noes: None. Absen t: RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ASI SIGNS SYSTEM FOR THE FURNISHING AND DELIVERY OF NON-ILLUMI- NATED SIGNS FOR THE FIVE LEVEL PARKING STRUCTURE, TO BE UTILIZED BY THE PUBLIC BUILDINGS DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-89-l9. (24) . In a memorandum dated December 15, 1988, Dean Meech, Purchasing Agent, provided a bid summary for the proposed purchase of non-illuminated signs for the five level parking structure. Fourteen suppliers were solicited; five suppliers responded; three out of the five responded with no bids; the two remaining bids were valid. The project was estimated at $30,000 and the lowest bid was $40,578. Acting City Administrator Jim Robbins answered que- stions. Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the bids be rejected and that the project be readvertised. RES. 89-25 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CUBIC CON- TAINER MANUFACTURING FOR THE FURNISHING AND DELIVERY OF 3 & 4 CUBIC YARD BINS CONSISTING OF: CATEGORY I - FIFTY-THREE (53) THREE (3) CUBIC YARD BINS AND CATEGORY II - FIFTY-THREE (53) FOUR (4) CUBIC YARD BINS, TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT IN ACCORD- ANCE WITH BID SPECIFICATION F-89-l5. (25) . 8 1/17/89 . Council Member Reilly made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 89-25 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam. Council Member Miller. adopted by the following Estrada, Reilly, Flores, Noes: None. Absent: Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, that the following resolutions be adopted: RES. 89-26 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION, ACCEPTING A GRANT DEED FROM RICHARD D. SCHMITZ, AN UNMARRIED MAN. (S-l) RES. 89-27 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION, ACCEPTING A GRANT DEED FROM FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION. (S-2) . Resolution Nos. 89-26 and 89-27 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Member Miller. RES. 89-28 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF FIRST AMENDMENT TO AGREEMENT (PARCEL MAP IMPROVE- MENTS) TO ACCEPT A DEED OF TRUST AS SECURITY FOR OFF-SITE IMPROVEMENTS BETWEEN EDITH A. SMART AND THE CITY OF SAN BERNARDINO. (S-3) Deputy City Attorney Wilson explained Smart requests a deed of trust be accepted bonds as secur i ty for off-si te improvements. that under the Subdivision Map Act, this is a security for this development. why Edith in lieu of He sta ted permissible Discussion ensued regarding the City being in jeo- pardy of acquiring a piece of property with a partial project. Counc i I Member Pope-Ludlam made a moti on, seconded by Council Member Minor, that said resolution be adopted. . 9 1/17/89 . vote: Minor, Absent: Resolution No. 89-28 was Ayes: Council Members Pope-Ludlam. Noes: Council Member Miller. adopted by the following Estrada, Reilly, Flores, Council Member Maudsley. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of the ordinances on the agenda. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the ordinances be waived. ORD. MC-650 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO ADDING CHAPTER 15.57 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CUL- 'rURAL DEVELOPMENT CONSTRUCTION FEES AND RE- PEALING ORDINANCE NO. MC-542. (26) Council Member Reilly made a motion, seconded by Council Member Flores, that said ordinance be adopted. . Ordinance Ayes: Council Minor. Noes: Ludlam, Miller. MC-650 was adopted by the following vote: Members Estrada, Reilly, Flores, Maudsley, None. Absent: Council Members Pope- ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTION 2.17.010 RELATING TO THE CEMETERY COMMISSION AND REPEALING SECTIONS 2.44.020 AND 2.44.030 IN THEIR ENTIRETY. (Continued from November 21, 1988) (27) In a memorandum dated January 12, 1989, James Rob- bins, Acting City Administrator, stated that the Legis- lative Review Committee discussed this ordinance at their meeting of December 8, 1988, and agreed that the commis- sion should continue to exist but under different rules. They requested the City Attorney supply an ordinance for review at their meeting scheduled for January 19, 1989, which will allow the City-wide selection of commission- ers. The Mayor and Common Council discussed a possible change in the structure of commissions. . 10 1/17/89 . Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said ordinance be continued to February 20, 1989, in order for review by the Legislative Review Committee. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. ORDINANCE OF THE CITY OF SAN BERNARDINO ADD- FIRST ING SECTION 9.80.015 AND AMENDING SECTIONS 9.80.010, 9.80.050 AND 9.80.060, AND REPEAL- ING SECTIONS 9.80.020, 9.80.030 AND 9.80.040 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE CARRYING OF AN EXPOSED DANGEROUS WEAPON. (Continued from December 19, 1988) (28) Sgt. Michael Kinsman of the Pol ice Department ex- plained the purpose of the ordinance, which is directed at prohibiting belt-type knives. He spoke regarding the increase in the number of citizens carrying weapons such as knives, resulting in fights escalating to assault with a deadly weapon due to the accessibility of the weapons. . He answered questions regarding assaults and killings in the City. the number of Deputy City Attorney Wilson answered questions, stating that this ordinance does not conflict with State Code. He explained that the penalty has been established as a misdemeanor instead of an infraction. Sgt. Kinsman answered further questions regarding the residents of the City carrying sheath type knives. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that said ordinance be laid over for final passage. RECESS MEETING At 9:54 a.m., Mayor Wilcox called for a five minute recess. RECONVENE MEETING At 10: 05 a.m., Mayor Wilcox called the meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . 11 1/17/89 . ROLL CALL Roll Call was taken with the following being pre- sent: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam; Deputy City Attor- ney Wilson, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Miller. PRESENTATION - SAN BERNARDINO HIGH SCHOOL FOOTBALL TEAM Mayor Wilcox presented the members of the San Ber- nardino High School football team with certificates from the City in honor of the team making the CIF Finals for the first time in 105 years. (B) PROTEST HEARING - STREET VACATION - PORTIONS OF MAIN AND BROADWAY STREETS, BETWEEN "I" AND "J" STREETS - CONTINUED FROM OCTOBER 24, 1988 This is the time and place continued to for a pro- test hearing concerning the vacation of portions of Main and Broadway Streets, between "I" and "J" Streets, which contain AT&SF Railway crossings. (7) . In a memorandum dated January neer Roger Hardgrave reported on crossings in streets which might candidates for closure than Main and 10, 1989, City Engi- alternate railroad be more appropriate Broadway Streets. Mayor wilcox opened the hearing. City Engineer Hardgrave answered questions regarding right-of-ways for neighboring properties and the possi- bility of using loop streets. The Mayor and Common Council discussed the pros and cons of closing the two streets. City Engineer Hardgrave stated that the AT&SF Rail- way Company has objected to adding a grade crossing due to their increased liability. Carl Oldenkamp, owner of Allgood Shower Door Cor- poration and property on both sides of the railroad tracks in question, spoke against the street vacation. If the street is vacated, his property will be land- locked and it will not be advantageous for him to improve the property. . 12 1/17/89 . City Engineer Hardgrave answered questions regarding the Central City South proj ect and "F" Street as the planned connection of the Central City and Inland Center Malls. He stated that without the AT&SF Railway Com- pany's concurrence, the Public Utilities Commission would not concur with the closure of the grade crossing. Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the matter be continued to May 1, 1989, in order for Council Members Estrada and Flores to meet with the AT&SF Railway Company concerning the street vacation. PUBLIC HEARING - STREET CLOSURE - TIPPECANOE AVENUE & MILL STREET - NORTON AIR FORCE BASE _ BOUNDARY OF BALLISTIC MISSILE OPERATIONS COMPLEX - CONTINUED FROM DECEMBER 19, 1988 This is the time and place continued to for a public hear ing concerning the closure of Tippecanoe Avenue and Mill Street at the boundaries of the Ballistic Missile Operations Complex, Norton Air Force Base. (8) . In a memorandum dated January 10, 1989, City Engi- neer Hardgrave provided a detailed traffic study which concluded that the closure of these streets will not have a significant impact upon traffic circulation in the area. Mayor wilcox opened the hearing. Discussion ensued regarding the possible of the Ballistic Missile Operations Complex on after the closure of Norton Air Force Base. retention the base Bill Leonard, representing Inland Action, expressed his belief that there is a good opportunity to retain the base in San Bernardino. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be continued to February 20, 1989, for more in- formation from the United States Air Force. PUBLIC HEARING - REQUEST FOR TIME EXTENSION _ RECONSTRUCTION OF 5718 N. "D" STREET - TED D. BAIR This is the time and place set for a public hearing concerning a request from Ted D. Bair, owner of property located at 5718 North "D" Street, for an extension of time for the reconstruction of his residence which was destroyed in the Panorama Fire in November, 1984. (9) . 13 1/17/89 . After a Stipulation Judgment was given by the Superior Court on May 11, 1987, approving a building permit and construction schedule, a time extension was granted to Mr. Bair from June to December, 1988. Mayor Wilcox opened the hearing. In a letter dated January 15, 1989, Ted D. Bair, prov ided a copy of a letter from Communi ty Thr i ft and Loan indicating the status of his construction loan. Jim Richardson, questions regarding reconstruction. Deputy City Administrator, answered the amount of progress made on the Mr. Bair was present to answer questions, stating that the reconstruction is 60% to 70% completed. Deputy City Attorney Wilson answered questions re- garding the action necessary to extend the reconstruction time. Dean Pagel, Building Inspector, answered questions, stating that the reconstruction is 60% to 70% complete. . Council Member Minor Council Member Pope-Ludlam the hearing be closed. made a motion, seconded by and unanimously carried, that Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the City Attorney be directed to prepare an extension of the Stipulated Judgment for another six months from today's date. REQUEST FOR SEWER SERVICE OUTSIDE CITY LIMITS _ HAFrF PROPERTIES - TENTATIVE TRACT 13944 _ 42ND STREET, BETWEEN THIRD AVENUE AND "F" STREET - CONTINUED FROM DECEMBER 19, 1988 This is the time and place continued to for consi- deration of a request from Hafif Properties for sewer service outside the corporate limits of the City for Tentative Tract 13944, 20 single family dwelling units located on 42nd Street, between Third Avenue and "F" Street. (29) Deputy City Attorney Wilson stated that the Water Board will be providing technical findings to bring before the Mayor and Common Council. He further stated that it is their recommendation that this request be . 14 1/17/89 . granted outside hearing rights. and no further the city limits concerning the applications for sewer service be considered until after the allocation of sewer capacity The Mayor and Common Council discussed a possible resolution for a moratorium on outside sewer connections and the need for further information regarding this sub- ject from the City Attorney and the Water Department during a workshop. Bernie Kersey, Director of Administration and Finance, Water Department, answered questions regarding the grant received by the City and how sewer capacity rights are allocated. He gave a list of three recom- mendations to the Mayor and Common Council. Discussion ensued regarding the holding of a hearing on the matter and the need for the developer to have a decision in a timely manner in order to make arrangements for his development. Acting City Administrator Robbins answered questions regarding time needed in order to prepare a full report on the issue. . Council Member Minor made a motion, Council Member Flores, that the matter be March 20, 1989, for a luncheon workshop. seconded continued by to The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor. Noes: Council Member Pope-Ludlam. Absent: Council Mem- ber Mi 11 er. Bernie Kersey, Water Department, answered questions regarding the developer being unable to proceed with any alternative plans for septic waste without Council action. The County requires that he make application to the Ci ty for connection to the Ci ty sewer system, and that the application must be denied before the developer will be allowed by the County to install a septic tank. The Mayor and Common Council discussed the financial impact a continuance of the matter would have on the developer, and the capacity of the sewer system. Deputy City Attorney Wilson answered questions re- garding the setting of precedence in this matter. . 15 1/17/89 . Council Member Minor made Council Member Pope-Ludlam, that Properties to connect Tentative San Bernardino City sewer system a motion, seconded by the request of Hafif Tract No. 13944 to the be denied. The motion carried by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope- Ludlam. Noes: Council Member Reilly. Absent: Council Member Miller. Bernie Kersey of the Water Department answered ques- tions regarding the sewer needs for the Arrowhead Subur- ban Farms project. Discussion ensued regarding contacting Board of Supervisors to ascertain that they the Ci ty' s concerns regard ing the densi ty of head Suburban Farms area. the County understand the Arrow- . Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the Mayor be authorized to meet with the Chairman of the County Board of Supervisors to discuss the City's plans and indicate its concerns so the Board will have full knowledge of the City's opinions and concerns about the groundwater pollution problems. This item Was discussed further at this meeting. See Page 17. DRAINAGE DISTRICT - BELMONT AND CHESTNUT AREA _ AUTHORIZATION TO PROCEED - CONTINUED FROM DECEMBER 19, 1988 This is the time and place continued to deration of authorizing the establishment of district in the Belmont and Chestnut area. for consi- a drainage (30 ) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that this matter be continued to February 6, 1989. DRAINAGE DISTRICT - PALM AND KENDALL DRIVE AREA _ AUTHORIZATION TO PROCEED - CONTINUED FROM DECEMBER 19, 1988 This is the time and place continued to deration of authorizing the establishment of district in the Palm and Kendall Drive area. for consi- a drainage (31 ) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that this matter be continued to February 6, 1989. . 16 1/17/89 . FRANCHISE ASSIGNMENT - PETROLEUM PIPELINE _ SOUTHERN PACIFIC LINES, INC. - CONTINUED FROM JANUARY 3, 1989 This is the time and place continued to for consi- deration of authorizing the assignment of a petroleum pipeline franchise that was granted in 1982 to the Southern Pacific Pipe Lines, Inc. over to the Southern Pacific Pipe Lines Partnership, L.P. (32) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the petroleum pipeline franchise matter be tabled. REQUEST FOR SEWER SERVICE OUTSIDE CITY LIMITS - HAFIF PROPERTIES - TENTATIVE TRACT 13944 - 42ND STREET, BETWEEN THIRD AND "F" STREETS - CONTINUED FROM EARLIER IN MEETING The request of Hafif Properties for sewer service for Tentative Tract 13944 located on 42nd Street, between Third and "F" Streets, outside the City limits, was dis- cussed earlier in the meeting and some action was taken. See Page 14. (29) . Bernie Kersey of the Water Department submitted four recommendations to the Mayor and Common Council. Discussion ensued regarding these recommendations. Council Member Pope-Ludlam made the following motion, seconded by Council Member Estrada and unanimous- ly carried: 1. That a report be prepared to determine current and future sewer capacity at the Wastewater Treatment Plant for allocation to property outside the corporate boundaries of the Cities of San Bernardino and Loma Linda, and the area annexed to the East Valley Water District. The boundaries shall be the pro- ject service area by the year 2000 set forth in the City of San Bernardino Wastewater Facilities Plan Project Report of 1980; 2. Upon completion of the report, the Board of Water Commissioners conduct a hearing for the purpose of determining the area in which sewer capacity will be allocated; . 17 1/17/89 . 3. Upon conclusion of the hearing, a resolu- tion of detailed findings of fact be adopted establishing the areas in which capacity will be allocated from the present and future facilities at the Wastewater Treatment Plant. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. DEPUTY CITY ATTORNEY WILSON AND ACTING CITY ADMINISTRATOR ROBBINS EXCUSED Deputy City Attorney Wilson and Acting City Admini- strator Robbins left the meeting and were replaced by Senior City Attorney BarlO\~ and Steve Dukett, Executive Director of the Redevelopment Agency. . RECESS MEETING At 11:50 a.m., Council Member Reilly made a motion, seconded by Council Member Flores and unanimously car- ried, that the Regular Meeting of the Mayor and Common Council of the City of San Bernardino adjourn to a luncheon workshop. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:30 p.m., Mayor Wilcox called the luncheon workshop to order in the Management Information Center (MIC Room), City Hall, 300 North "D" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken with the following being pre- sent: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam; Deputy City Attor- ney Wilson, Deputy City Clerk Reese, Acting City Admini- strator Robbins. Absent: Council Member Miller. Also present were: Richard Bennecke, Executive Assistant to the Mayor; Phil Arvizo, Executive Assistant to the Council; Pat Zimmerman, Deputy City Attorney; James Richardson, Deputy City Administrator; Don Hester- ly, Code Compliance Supervisor; Mark Young, Senior Code Compliance Officer; Board of Building Commissioners Ben Gonzales, Bill Ponder, Warren Miller and Ed Heil. . 18 1/17/89 . LUNCHEON WORKSHOP - BOARD OF BUILDING COMMISSIONERS This is the time and place set for a luncheon work- shop to have a code enforcement presentation, discuss the selection of a new Director of Building & Safety, department stability/transition and weed abatement pro- cedures. (33) A. Code Enforcement Procedures Don Hesterly, Code Compliance Supervisor, that the procedures followed by the Building Department are always the same in each case. explained & Safety Mark Young, Senior Code Compliance Officer, gave a slide presentation showing all the forms used and pro- cedures followed from the time a complaint is received on property until it goes to the Board of Building Commis- sioners. This process may take as long as three months because of the various steps that are required. . Mr. Young answered questions regard ing the pool of contractors used for the board-up of vacant buildings. The requirements for being in the pool are having a General Contractor's License, a Business License and Workmen's Compensation Insurance. A discussion ensued regarding the removal of aban- doned vehicles from property. Deputy City Attorney Wilson stated it is difficult to remove such vehicles because of the long list of re- quirements to accomplish this. B. Selection of a New Director Mayor Wilcox stated that the process of Director of Building & Safety is underway. tions have been received. hiring a new Two applica- C. Department Stability/Transition Commissioner Ponder stated he feels it is important to have a Director with the same philosophy that has a been developed here, and suggested that the City actively seek out such a person. COUNCIL MEMBER At 1: 16 p.m., luncheon workShop. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the . Deputy methods the owners for ceed i ngs. City Attorney Zimmerman explained various City could use in getting reimbursed by land- costs incurred by the City in abatement pro- 19 1/17 /89 . COUNCIL MEMBER ESTRADA EXCUSED At 1:24 p.m., Council Member Estrada left the lunch- eon workshop. D. Weed Abatement Procedures A discussion ensued regarding weed abatement pro- cedures. It was pointed out that the process is very different from the hazard abatement process, which causes problems in its implementation. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the issue of weed abatement procedures be referred to the Legislative Review Committee. ADJOURN LUNCHEON WORKSHOP At 1: 33 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously car- r ied, tha t the Regular Meet ing of the Mayor and Common Council of the City of San Bernardino be adjourned to 2:00 p.m. in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. . RECONVENE MEETING At 2:10 p.m., Mayor Wilcox called the Regular Meet- ing 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 pre- sent: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam; City Attorney Pen- man, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Miller. PUBLIC HEARING - GENERAL PLAN LAND USE DESIGNATION STATED IN COUNCIL MINUTES OF MAY 18, 1988 - 272 S. PICO AVENUE - CONTINUED FROM NOVEMBER 21, 1988 This is the time and place continued to for a public hearing concerning the land use designation given to property located at 272 S. Pico during the May 18, 1988, Council Meeting concerning the General Plan revision. This property is bounded by Rialto Avenue on the north, Muscott on the west, Walnut on the south and the Flood Control Channel on the east. (38) Mayor Wilcox opened the hearing. . 20 1/17 /89 I . Henry Empeno, Jr., Deputy City Attorney, garding the difference between the designation in the minutes and the land use map. spoke re- described Shauna Clark, City Clerk, stated that she had gone to get the tape of the May 18, 1988, meeting, to veri fy the minutes at the request of Doug Heffner, and found that it had been checked out by another department and portions of the tape were erased. She viewed a video that had been made of this meeting and provided the Mayor and Common Council with a verbatim transcript of the video. She explained that the minutes of the meeting were incorrect and requested that during future meetings regarding the General Plan revision, motions be restated to ensure the minutes will be correct. In a memorandum dated January 11, 1989, Planning Director Kilger provided background information, an analysis and recommended land use designations for the area in question. . Discussion ensued regarding these recommendations being submitted to the General Plan Citizens Advisory Committee which will be meeting with the Planning Commis- sion. Corrections to the minutes of the May 18, 1988, meeting were also discussed. Doug Heffner, owner of the property at 272 S. Pico, spoke regarding the zoning of his property. He stated he was the only property owner notified of this meeting and that he had notified adjoining property owners. He re- quested that the property zoned RS on Exhibit "B" of the Planning Department memorandum dated January 12, 1989, be changed to zone IL. Vince Bautista, Senior Planner, answered questions regarding the zoning designations. Henry Empeno, questions regarding designation. Jr., Deputy City Attorney, answered the possible changing of the zoning Shauna Clark, ing that the video by Mr. Heffner. City Clerk, answered questions, stat- of the meeting is available for review Jimmy Summers, owner of Rancho Mobile Home Park, 1600 W. Walnut Street, presented a petition dated January 10, 1989, and signed by 90% of the mobile home park resi- dents, to express their choice for the General Plan . 21 1/17 /89 r . zoning of the vacant lots in the rear of the park. Their first choice of zoning is for mobile home park and their second choice is to leave it M-l. Planning Director Kilger answered questions regard- ing changing the land use map. Steve Gold, a partner of Mr. Heffner's, spoke re- garding information he has requested from the Community Development Department. Ken Henderson, Director of Communi ty stated that his department has researched four or five times for information dating for Mr. Gold. Development, the archives back to 1981 He stated that in 1981, an Environmental Report, a copy of which was requested by Mr. Gold, not have been necessary for this project. Impact would Mayor wilcox requested that this information be given in writing to Mr. Gold. . Ken Henderson, Director answered questions regarding this project. of Community Development, other reports required for Counc i 1 Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing be closed; that the last motion on Page 17 of the minutes of the meeting of the Mayor and Common Coun- cil of the City of San Bernardino held on May 18, 1988, be corrected to read as follows: ". .. that the property loca ted south of Rial to Avenue, bordered by a flood con- trol channel on the east and the railroad tracks on the west, south to Walnut, remain IH for the wrecking yard on Walnut, and that the rest of the area be designated as RS except as follows: east from the wrecking yard, desig- nate the existing mobile home park RU.". (See Exhibit "B" of the back-up) . GENERAL PLAN REVISION - AMENDMENT TO INTERIM POLICY DOCUMENT NO. 88-1 - NEGATIVE DECLARATION _ TENTATIVE TRACT 12872 - FORECAST CORPORATION In a memorandum dated January 4, 1989, Brad Kilger, Planning Director, provided an Initial Study of a request from Forecast Corporation to change the land use designa- tion of the Interim Policy Document from RL to RS on the undeveloped Phase II section of Tract 12872. The site consists of 9.6 acres located on the north side of the proposed extension of Morgan Road, west of Little Moun- tain Drive. (39) 22 1/17/89 . John Montgomery, Principal Planner, presented the background information regarding this amendment. The Mayor and Common Council discussed the request and the ease in which Phase I was developed. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that amendment No. 88-1 to the Interim Policy Document, which changes the land use designation from RL, Low Residen- tial, to RS, Suburban Residential, for the land contained in Phase II of Tentative Tract No. 12872; and to adopt the Negative Declaration. . APPEAL HEARING - PLANNING COMMISSION'S APPROVAL _ CONDITIONAL USE PERMIT 88-44 - NAACP _ VICTOR/CHAPARRAL TREATMENT CENTER _ PUBLIC ENTERPRISE CENTER This is the time and place set for an appeal hearing requested by the National Association for the Advancement of Colored People (NAACP), concerning the Planning Com- mission's approval of Condi tional Use Permi t 88-44 to Victor/Chaparral Treatment for the operation of a day treatment center and private school for emotionally dis- turbed adolescents in the Public Enterprise Center, operated by the Redevelopment Agency, at the southwest corner of Highland and Western Avenues. (40) Attached to a memorandum dated December 21, 1988, to the Executive Director of the Redevelopment Agency from the Acting City Administrator, were memos from City staff expressing strong reservations about the possible loca- tion of the treatment center in the Public Enterprise Center. The City staff members writing letters of con- cern were Craig Graves, City Treasurer; Dean Gray, Director of Telecommunications; Annie Ramos, Director of Parks, Recreation and Community Services; Oscar Perrier, Senior Recreation Supervisor and Robert Ewing, Acting City Librarian. In a memorandum dated January 3, 1988, Brad Kilger, Planning Director, provided background information re- garding the conditional use permit. According to the Statement Commission Action dated December Commission's decision of approval to three. of 13, was Official Planning 1988, the Planning by a vote of five . 23 1/17/89 I . Morsell Johnson, Vice President of the NAACP, re- quested the repeal of the Planning Commission's decision of approval, in a letter dated December 12, 1988. In a letter dated December 15, 1988, Hardy Brown, President of the Board of Education of the San Bernardino City Unified School District, protested the granting of the conditional use permit. He stated that the school district recently acquired the Advanced Training Insti- tute adjacent to the Public Enterprise Building, and finds the Chaparral Treatment Center to be contradictory to promoting the image and activities of their facility. In a letter dated December 12, 1988, Gill Snyder, President of the San Bernardino Area Chamber of Commerce, stated that the treatment center would be an inconsistent use wi th the or ig inal intent of the Publ ic Enterpr i se Center as specified by the Economic Development Admini- stration. He suggested two compatible proposals which are being reviewed by the Redevelopment Agency the relocation of the PAL Center and a Business Incubator Program developed by the Chamber's Westside Task Force. A letter dated December 5, 1988, supporting the proposed location of the Victor/Chaparral Treatment Cen- ter was received from Bob Martinez, Director of the . Department of Mental Health for the County of San Ber- nardino. Letters opposing the proposed location of the center were received from Joe and Rose Chavez, and Mr. and Mrs. Donald Coulter, neighboring residents. Mayor Wilcox opened the hearing. John Montgomery, Principal Planner, presented the background information in this case. Patrick Carraway, Director of the Chapparal Treat- ment Center based in Northern California, described the students treated by his organization, the jobs that the center will generate and the successful operation of other Chaparral Treatment Centers. Willie Clark, a representative of the NAACP, spoke regarding Item 5, Page 7 of the Planning Conditions dated December 6, 1988. It provides that minor amendments to the plans shall be subject to the approval of the Director of Planning. An increase of more than 113% of the square footage or a significant change in the . 24 1/17/89 . approved concept shall be subject to Planning Commission review and approval. Construction shall be in substan- tial conformance with the plans approved by the Develop- ment Review Committee, Planning Commission or Director of Planning. He expressed concern regard ing the number of patients versus the number of workers at the center, and the amount of square footage to be used. He stated that neighbors of the proposed site are afraid of an institu- tion of this kind being located in their area. Mr. Clark agreed with the City Treasurer's letter of December 28,1988, in which Mr. Graves expressed concern over this type of use at this location, public safety and the City's exposure to liability. He suggested the use of the old Pr ice Cl ub bui ldi ng or Pa tton Hospi tal for this treatment center, but that it not be allowed on the Westside. Cheryl Brown, 1626 Pennsylvania Avenue, sta ted tha t she circulated a petition of opposition to the proposed location of the center. The petition has approximately 36 names and is undated. . COUNCIL MEMBER MILLER ARRIVED At 3:25 p.m., Council Member Miller arrived at the Council Meeting and took her place at the Council Table. Bob Martinez, Director of the County Mental Health Department, spoke regarding the achievements accomplished by this program. He stated that his staff would closely monitor the program, and answered questions regarding the review of the students who attend the treatment center. Jim King, representing the San Bernardino Area Chamber of Commerce, spoke in opposition to the proposed location of the treatment center and in favor of a Busi- ness Incubator Program, which would locate new businesses in this building. Harry Jacks, President of the Westside Action spoke against placing the treatment center in the Enterprise Center and suggested it be located isolated area. Group, Public in an . David Lechuga, a member of the Northwest Project Area Committee, presented a letter from Gene Baum, PhD., Clinic Manager of the County Department of Mental Health, supporting the location of the Victor/Chaparral Treatment Center in the Public Enterprise Center and spoke in favor of the facility. 25 1/17/89 . John Hoeger, Redevelopment Agency Specialist, discussed terms and conditions placed in the lease. Development tha t would be The Mayor and Common Council discussed the original design for the building. Hardy Brown, President of the Board of Education, spoke against this location for the treatment center, stating it is not a compatible use. Jim Miller of Miller and Associates, the property managers for the Public Enterprise Center, listed pros- pective tenants of the building over the past six months. Brian Townsend, 1677 W. Base Line, spoke placement of this treatment center in the neighborhood. against the residential Dr. Gene Baum of the County Mental Health Department stated that the students participating in treatment at this center would not be of the violent, aggressive type. . Glenda Burnett, Director of the Wests ide Drop In Center, stated that effective January 30, 1989, Miller and Associates will no longer be the property managers for the building. She expressed opposition to the pro- posed location of the treatment center in the same build- ing as the Westside Drop-In Center, stating that families would discontinue use of the public facilities at the building. Mildred Kelly of the County probation Department, spoke regarding the standards used in placing juveniles in the treatment center. She answered questions, stating that the offenses of the juveniles could include felon- ies, and described the difference between placement in this program and in Juvenile Hall. Dr. Hal Boring, Assistant Superintendent of Admini- strative Services for the San Bernardino City Unified School District, stated that he does not oppose the pro- gram, just its proposed location, as it is not a compat- ible use with that of the school district. Albert Lumpkin, 1666 W. 11th Street, urged the Mayor and Common Council to approve the location of the treat- ment center. . 26 1/17 /89 I . Charles L. Brame, a former member of the County Mental Health Advisory Board, urged the Council to approve the conditional use permit and see if it will work. He cited the scarcity of such facilities for juveniles. Morsell Johnson, Vice President of the NAACP, spoke against granting the conditional use permit. He stated that in order to improve economic conditions, there must be jOb-generating projects in the Public Enterprise Cen- ter. Victor/Chaparral is in conflict with that concept. Robert Lewis, an employee of Victor/Chaparral, spoke in favor of granting the conditional use permit. He stated that the staff are concerned individuals that care for the children in the facility. He explained the posi- tive financial impact of the facility by the money spent for clothes, furniture and other needs for people in the facility. . George Martinez, a member of the Library Board of Trustees, spoke as a private individual. He stated he had visited the Victor/Chaparral facility and spoke with Mr. Carraway, its Executive Director. He stated he was impressed with the program and the commitment shown by staff and supported their petition. Mayor wilcox stated that the people opposed to the proposed conditional use permit were not speaking against the program, but only against its being located in the Public Enterprise Center. Bobby Bivens, 2542 W. Etiwanda, San Bernardino, stated that it is important that the center be used for its original intention - a retraining center. He recom- mended that it be used for a technical training facility, which would provide economic enhancement, rather than the proposed use by Victor/Chaparral. Dr. Mildred Henry, Director of the Provisional Accelerated Learning Center (PAL), explained the services her educational program provides. She stated she has been trying to move these services into the Public Enter- prise Center for a long time and feels her program would be compatible with the area. Carl Clemons, 1940 W. Base Line, listed the many City and civic organizations in which he has served, and stated he is strongly opposed to having Victor/Chaparral . 27 1/17/89 . in that location. He feels it is important to consider the wishes of the residents of the area, as they know what is best for their community. He feels the PAL Cen- ter would be an appropriate program for that location. Rev. Frank W. Gray stated that the Westside wants business development similar to that on Hospitality Lane, and asked that the people in that area be allowed to be guardians of their own community. Sam Williams, coordinator stated their organization has a retraining of children and young will graduate from high school. for Victor/Chaparral, good program for the people, many of whom Theodore Lindauser, M.D., Psychiatric Consultant for Chaparral Treatment Centers, stated that there are not enough facilities serving mental health problems. He stated that this facility is doing a good job and he has seen children graduate and get back into the community. . Patrick Carraway, Executive Director of Victor/ Chaparral, stated they have been trying for six months to get the Public Enterprise Center as a treatment location. They are desperate for a location, and if they are denied the conditional use permit, it will take another six to nine months to go through the process again. He explain- ed that if they get the conditional use permit, their program will bring a lot of money into the Westside. Willie Clark, Vice President of the NAACP, stated it is his opinion that this issue has become a racial one, as whites and hispanics seem to be for the program, but do not 1 i ve in the area. He asked tha t those in the neighborhood be allowed to help decide what will be in their community, as they know what conditions exist. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing be closed. Counc i 1 Member Pope-Ludlam made a motion, seconded by Council Member Reilly, that the appeal filed by the NAACP in connection with the Public Enterprise Center be upheld; that the Business Incubator Plan developed by the Westside Task Force be approved in concept; that the Task Force be requested to completely develop said plan for consideration by the Mayor and Common Council and the Community Development Commission; and that the Director . 28 1/17 /89 . of the Community Development Department, the Main Street Director and the Redevelopment Agency Executive Director, be directed to assist the Task Force in the development of said plan to the maximum extent possible. Deputy City Attorney Empeno stated that the item on the agenda referred only to a conditional use permit and the part of the motion that related to that is appro- priate. However, the reference to the Business Incubator Program is not in order to be acted upon by the Council. Pursuant to a request from Council Member Pope- Ludlam, Mayor Wilcox agreed that an item relative to the Business Incubator Program be placed on the next Rede- velopment Agency agenda. Council Member Pope-Ludlam made a substitute motion, seconded by Council Member Reilly, to uphold the appeal and deny Conditional Use Permit 88-44. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: Council Member Miller. Absent: None. . RECESS MEETING At 5: 20 p.m., Mayor Wilcox called for a ten-minute recess. RECONVENE MEETING At 5:30 p.m., Mayor Wilcox called the meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was t3ken with the following being pre- sent: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attor- ney Empeno, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Estrada. APPEAL HEARING - PLANNING COMMISSION'S APPROVAL _ CONDITIONAL USE PERMIT 88-52 - 7-10 STORE _ 771 NORTH "D" STREET - OFF-SITE SALE OF BEER AND WINE This is the time and place set for an appeal hearing requested by Albert Mamlouk, concerning the Planning Commission's approval of Conditional Use Permit 88-52, with certain conditions regarding the sale of beer and wine at a "7-10" store to be located at 771 North "D" Street. (41) . 29 1/17/89 I . Protest letters against the sale of beer and wine at this location were received from Patti Prime, Marketing Support Manager for AppliTech, located at 725 North "D" Street; Patti Velez, Executive Director of Casa de San Bernardino, Inc., located at 735 North "D" Street; and Rose Mihata, owner of buildings located at 719 to 735 North "D" Street. In a letter dated December 5, 1988, Bill Carey, owner of Carey's Fine Automobiles, 645 North "D" Street, wrote in favor of the sale beer and wine at the proposed "7-10" store. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. Mayor Wilcox opened the hearing. John Lightburn, P. O. Box 1622, San Bernardino, on behalf of W. R. Holcomb, who is representing Albert Mam- louk, requested a two-week continuance of the matter for discussion with adjacent property owners and to address some engineering concerns. . Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the matter be continued to February 6, 1989. DEPUTY CITY ATTORNEY WILSON ARRIVED Deputy City Attorney Wilson arrived at the Council Meeting and replaced Deputy City Attorney Empeno. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. ECONOMIC DEVELOPMENT COUNCIL - REQUEST FOR DISCUSSION - COUNCIL MEMBER MAUDSLEY In a memorandum dated January 12, 1989, Council Member Maudsley requested that the Mayor and Common Coun- cil discuss the future of the Economic Development Coun- cil. (34) He presented a "Report on the Economic Development Council and Recommendations for a New Marketing Plan for the City of San Bernardino". The report contained com- prehensive information on the history, purpose and organization of the council. A discussion ensued regarding the proposed plan and the urgent need for a marketing plan for the City. . 30 1/17 /89 . Susan Hartmann, a worker for the homeless, stated that several downtown businesses are closing and she feels the City should refocus on this neglected area. Council Member Maudsley made a motion that $100,000 be borrowed from the Redevelopment Agency with interest non-determined, and guaranteed by the IDB funds the City will receive in May, 1989, to be drawn $25,000 at a time for the purpose of interim marketing activities; that $15,000 of that money is to be spent for the marketing survey to determine how much money might be extracted in a fundraising effort in San Bernardino; and that a monthly financial report be sent to the Mayor and Council. Council Member Maudsley explained that the funds to be received in May are from the Highland Hills Develop- ment. In a letter dated January 13, 1989, to Councilman Maudsley, Steven Dukett, Executive Director of the Rede- velopment Agency, prov ided a breakdown of var ious pro- jects designed and developed by the agency and the costs of their marketing and promotion. . Concern was expressed that even though this proposed program seemed to be an excellent one, there may be ques- tions, as the Council had not had time to study it care- fUlly. Counc i 1 Member essence in getting Development Council assured the Council area of the City. Maudsley stated that time is of the the program going, as the Economic money wi 11 run out in March. He that the program would benefi teach Deputy City Attorney Wilson stated that the item on the agenda does not indicate any action regarding alloca- tion of funds. His recommendation was that the Council request staff bring back the proper paperwork regarding the allocation of funds. City Clerk Clark explained that the report presented today was not posted in the agenda backup because it was received too late to be included. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the concept of the Economic Development Plan as presented by . 31 1/17/89 I- I . Council Member Maudsley, be approved and that staff be directed to bring back documentation to allocate the funds as requested by Council Member Maudsley. DEPUTY Deputy Meeting and CITY ATTORNEY ROTH ARRIVED City Attorney Roth arrived replaced Deputy City Attorney at the Wilson. Counci 1 PROGRAMMING OF MUNICIPAL ELECTION CANDIDATES _ COMMUNITY ACCESS CHANNEL - CABLE TELEVISION COMMISSION In a memorandum dated January 10, 1989, James Rob':' bins; Acting City Administrator, stated that a request dated January 3, 1989, was received from Russell Lackner; Chairman of the Community TV Commission, to place on the Council agenda for discussion the matter of programming the Municipal Election candidates on the Community Access Channel. (35) . Russ Lackner, Chairman of the Community Cable Tele- vision Commission; presented and explained eight guide- lines entitled "Election Program Guidelines": Staff cannot proceed with the programming for the Municipal Election until approval is granted by the Mayor and Com- mon Counci 1: Mr. Lackner stated these guidel ines have been reviewed by Deputy City Attorney Roth, who has attended each of the commission meetings, and has in- dicated there is no problem with their adoption: Mr: Lackner requested approval of the guidelines and request- ed that staff be directed to begin the programming on the Community Access Channel. Mr. Lackner explained that in addition to provisions in the guidelines; the Commission planned to have a final forum arranged, which would be an opportunity for each candidate to make a final statement: Mr. Lackner explained that money used to operate the Cable Television Division is basically franchise tax money. He stated that the Commission had been advised by the State Legislature that if those monies are not used for that purpose, the City has no valid reason to levy a franchise tax: Deputy programming candidates, press their City Attorney Roth stated the purpose of this is to equally provide information on all and provide an opportunity for them to ex- views. She stated that this is a First . 32 1/17/89 . Amendment issue and the ci ty cannot restrict pol i tical speech: The definition of public access television is that any member of the public has access on a first come, first served basis without discrimination: Mayor Wilcox stated she has no objection to taping the forum and showing it on television. However; she feels it is an improper use of tax dollars to give free political commercials to any politician. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried; that staff be directed through government access policies and procedures to: in cooperation wi th the League of Women Voters, who would provide a moderator, stage at the studio, two; two-hour max imum debates between the four Mayoral candidates and the five Council candidates; tape and play any forums conducted by the League of Women Voters or Chamber of Commerce and election night cover':' age; and that the fOllowing eight guidelines as presented by the Chairman of the Community Cable Television Com':' mission be adopted: . Election Program Guidelines 1. Each candidate for public office in the San Bernard- ino Municipal Election will be advised that there will be time available every other week for them to participate in a series of candidate close-ups. 2. Programs (which may last to a maximum of up to 60 minutes per individual and/or 60 minutes per forum of four candidates) will be videotaped at the City of San Bernardino Community Access Studio. 3: Attendance at video taping sessions will be limited to the candidate and his/her on-camera guest(s). 4. Each candidate may determine program and may have a maximum of session. the content of their two guests per taping 5. Each candidate must appear in person, by appointment, between 7:00 a.m. and 1:00 p.m. according to the follow- ing schedule: (to be completed after the filing period closes) . 33 1/17/89 . 6. Each day, pcograms will be blocked together for play~ back the same evening and the following day: The order of segments will be determined by draw; with successive blocking based on an arithmetic rotation: 7. Disclaimers will be included at the beginning and ending of each program block, and each candidate will sign a release form indemnifying the City of San Bernard~ ino. 8: No other use of any of the programs will be allowed without written permission of the Telecommunications Division. Mr. Lackner explained that there are different guidelines and regulations for public and government access. He stated that the commission felt the Mayor could continue her program under government access pro~ visions. Deputy City Attorney Roth answered questions regard~ ing notification to candidates of requests for program~ ming by others: She stated she would do further research before a final opinion. . BLUE RIBBON COMMITTEE ON POLICE/COMMUNITY RELATIONS - REPORT In a memorandum dated January presented a "Report of the Mayor's on Police and Community Relations", This report contained a summary of ings held September 29; October 6; and committee recommendations for munity relations: 5, 1989; Mayor wilcox Blue Ribbon Committee dated December; 1988: the committee's meet~ and October 13; 1988; impr ov i ng police/ com~ (37 ) John Hatton, chairman of the committee, answered questions regarding the report. He agreed to change the designation of "Police Officer" to "Police Personnel" in Items Band C under #1 of Committee Recommendations. Mr. Hatton agreed that there were certain inconsis- tencies in the report, but stated that many of the ma tters in the report rela te to work i ng cond i tions of personnel in the Police Department, and would have to be worked out with employee representatives of the involved groups. Mr. Hatton explained that the committee supportive of the idea of community oriented He stated that there are certain areas of the was very policing: City that . 34 1/17/89 . are more prone to high stress crime and officers who have served in these areas periodically need to be rotated out to other areas of the City. He answered questions regarding provisions for com~ plaints against police officers: It was pointed out that a complaint against a pOlice officer is not necessarily sufficient to remove a police officer from public inter- action; and that it should be a sustained complaint: Mr. Hatton further stated that one of the prime recommendations from the committee is that the Police Commission be strengthened. He explained that if that commission and the people serving on it were given an important status; committees such as this one would not be necessary. COUNCIL MEMBER ESTRADA RETURNED At 7:05 p:m., Council Member Estrada returned to the meeting and took her place at the Council Table: . Mary Johnson, NAACP San Bernardino; stated she had recei ved comments from the black community that some of the recommendations were not specific enough: She stated that the NAACP is working with the Police Chief on speci- fic goals. Counc i 1 Member Pope-Ludlam made a mot ion; seconded by Council Member Flores and unanimously carried; that the report be received and filed: APPEAL HEARING - POLICE COMMISSION'S DENIAL OF BUSINESS PERMIT - ORANGE GROVE MOTEL - 1686 MT:VERNON AVENUE - HITESH PATEL - CONTINUED FROM JANUARY 3, 1989 This is the time and place continued to for an appeal hearing concerning the Police Commission's denial of a business permit to Hitesh Patel for the Orange Grove Motel located at 1686 Mt. Vernon Avenue. (36) Mayor wilcox opened the hearing. Deputy City Attorney Wilson explained that pursuant to San Bernardino Municipal Code Section 2.64.080, all that is to be heard at this time is new, non-cumulative information. This hearing is to obtain new information. He answered questions, stating that the Council can ask questions and get clarification. . 35 1/17/89 . MAYOR WILCOX EXCUSED Mayor wilcox left the meeting and Council Member Maudsley acted as Mayor Pro Tempore: Attorney for swered questions; another procedure Writ of Mandate: the appellant, Andrew J. Haynal, an- stating that if the appeal is denied; available to them is A Petition for a Assistant City Attorney Brue, representing the Police Commission; stated that she and Mr. Haynal agreed not to make a closing statement. The matter had been continued to this meeting to allow the Mayor and Common Council time to review the material previously presented and make a decision: Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the public hearing be closed. Council Member Minor made a motion; seconded by Council Member Miller and unanimously carried; that the appeal be denied and the Police Commission's denial of a business permit for the Orange Grove Motel be upheld: . MAYOR WILCOX RETURNED Mayor wilcox returned to the Council Meeting and took her place at the Council Table: CLOSED SESSION At 7:20 p.m., Council Member Reilly made a motion; seconded by Council Member Estrada and unanimously car':' r ied; tha t the Common Counc i 1 recess to Closed Sess ion pursuant to the following Government Code Sections: (43; 44 & 45) 54956.9 (b) (1) as there is significant exposure to litigation; 54956.9(c) so that the Council may decide whether to initiate litigation; 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally to which the City is a party as follows: City of San Bernardino vs. California Construction Management, Inc., et al - San Bernardino Superior Court Case No. 238755; . 36 1/17/89 . Saldecke, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 236836; San No. Cable Lake Association vs. City of Bernardino Superior Court Case No. 239649; San Bernardino - 239714 and Case Ci ty of Club, Inc. 239193; San Bernardino vs. San Bernardino Baseball San Bernardino Superior Court Case No. Stubblefield Construction Company, et al vs. City of San Bernardino, et al San Bernardino Superior Court Case No. 232998; Juan Manuel Sanchez vs. City of San Bernardino United States District Court Case No. CV87-229l AWT (Bx); Charles H. Brown vs. City of San Bernardino - San Bernardino Superior Court Case No. 243087; Sock Dawson, et al vs. City of San Bernardino, et al - United States District Court - Case No. SA 88-461 AHS (RWRx) ; . Barron/Alcarez vs. City of San Bernardino Bernardino Superior Court Case No. 241692; San City of San Bernardino vs. Transcontinental Insur- ance Company - San Bernardino Superior Court Case No. 243966; Barratt, Inc., vs. City of San Bernardino San Bernardino Superior Court Case No. 242433; Hicks vs. City of San Bernardino - San Bernardino Superior Court Case No. 241542. CLOSED SESSION At 7:20 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers in City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being pre- sent: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Wilson, City Clerk Clark, Acting City Admini- strator Robbins. Ahsent: None. . 37 1/17/89 . ADJOURN CLOSED SESSION At 7:40 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 7:40 p.m., Mayor wilcox called the meeting to order in the Council Chambers of City Hall, 300 North "0" Street; San Bernardino; California: ROLL CALL Roll Call was taken with the following being pre- sent: Mayor Wilcox; Council Members Estrada; Reilly, Flores; Maudsley, Minor; Pope-Ludlam; Miller; Deputy City Attorney Wilson, City Clerk Clark, Acting City Admini- strator Robbins. Absent: None. RECESS MEETING At 7:40 p.m., Council Member Minor made a motion; seconded by Council Member Flores and unanimously car':' ried, that the meeting recess to 9:00 a:m., Monday; January 30, 1989, in the Council Chambers of City Hall; 300 North "0" Street, San Bernardino; California: · ~4??aM;Ab ,/ CIty Clerk No. of Items: 53 No. of Hours: 9l, . 38 1/17/89