HomeMy WebLinkAbout03-13-1989 Minutes
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City of San Bernardino, California
March 13, 1989
The Regular Meeting of the Mayor and Common Council of the
City of San Bernardino was called to order by Mayor Wilcox at
9:12 a.m., Monday, March 13, 1989, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
INVOCATION
The Invocation was given by Reverend Dwight H. Winchell of
the Muscoy United Methodist Church.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tempore
Miller.
ROLL CALL
Roll Call was taken with the following being present: Mayor
Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Miller;
Deputy City Clerk Lang, Acting City Administrator Robbins.
Absent: Council Members Estrada, Pope-Ludlam; City Attorney
Penman.
PROCLAMATION - EARTHQUAKE PREPAREDNESS MONTH -
APRIL, 1989
Richard Bennecke, Executive Assistant to the Mayor, read a
prOClamation of the Mayor of the City of San Bernardino,
prOClaiming April, 1989, as Earthquake Preparedness Month, and
encouraging the citizens of the City to increase their knowledge
of safety measures in the event of an earthquake. (B)
Richard McGreevey, Director of Emergency Services, was
present to accept the proclamation and extended an invitation to
the Mayor and Common Council to attend the Disaster Preparedness
& Health Falr to be held at Cal State University, San Bernardino,
April 1, 1989.
COUNCIL MEMBER
At 9:14 a.m.,
Council Meeting and
POPE-LUDLAM ARRIVED
Council Member Pope-Ludlam
took her place at the Council
arrived
Table.
at the
COMMENDATION - SALVATION ARMY
Richard Bennecke, Executive Assistant to the Mayor, read a
resolution of the Mayor of the City of San Bernardino, commending
the Salvation Army for its services to the City and in
particular, its Hospitality House for the Homeless. (B)
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Gerald Pigeon and Jean Anderson of the Salvation Army were
present to accept the commendation.
Susan Sorensen and Jolene Fuhrmann of Campus Crusade for
Christ presented the representatives of the Salvation Army with a
donation of $1,450, which represented half of the proceeds from
their fund-raising bazaar, to support the Hospitality House.
COMMENDATION - SAN BERNARDINO HIGH SCHOOL
TEAM - CIF CHAMPIONSHIP
Richard Bennecke, Executive Assistant
resolution of the Mayor of the City of San
the Basketball Team of San Bernardino High
CIF Basketball Championship.
BASKETBALL
to the Mayor, read a
Bernardino, commending
School for winning of
(B)
Representatives from San
to accept the commendation.
member of the team.
Bernardino High School were present
Coach Scott McKay introduced each
PROCLAMATION - JOINT VENTURE FOR AFFORDABLE HOUSING
Richard Bennecke, Executive Assistant to the Mayor, read a
proclamation of the Mayor of the City of San Bernardino,
concerning the Joint Venture for Affordable Housing, a project of
120 single family homes on the West Side of the City. (B)
Earl Fields of the
Development and Reverend
were present to accept the
Department of Housing
Elijah Singletary, a local
proclamation.
and Urban
volunteer,
They presented the Mayor and Common Council with a plaque of
commendation and with a certificate of recognition for their
efforts in providing more affordable housing in the city. Mayor
Wilcox and Council Member Pope-Ludlam accepted the plaque and
certificate.
CITY ATTORNEY PENMAN ARRIVED
At 9;35 a.m., City Attorney Penman arrived at the Council
Meeting.
PUBLIC COMMENTS - STEVEN RIBEIRO
Steven Ribeiro, 1732 Brookshire, Tustin, California 92680,
presented a claim against the City of San Bernardino for $21,000
in damages he incurred throughout the seven month prosecution of
"the barking dog case". (A)
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Mr. Ribeiro is the owner of property located at 231 E. Ninth
Street, leased by Francia White, who was operating an unlicensed
dog grooming business out of the residence. The case originated
from complaints of dogs barking at the residence and resulted in
the prosecution of code compliance violations in the People vs.
White. et aI, Municipal Court Case 47100, Superior Court Case No.
247800.
PUBLIC COMMENTS - THE SWORD
A citizen identifying himself as The
Anti-Christ and True Lord of Scripture,
alloted five minutes provided each pUblic
Invocation.
Sword, Sweetpea, The
requested to use the
speaker to give an
(A)
City Attorney
member of the public
the Council Meetings
Penman answered questions, stating that a
is allowed five minutes at the beginning of
in order to speak.
The Sword gave his Invocation.
PUBLIC COMMENTS - LEE WILSON
Lee Wilson, 6810 Del Rosa Drive, a firearms dealer, thanked
the Mayor and Common Council for their action taken in opposition
to SB 292 (Roberti) and AB 357 (Roos) regarding gun control. He
suggested a method of approving customers who wish to purchase
guns by accessing information from computers linked to law
enforcement agencies. (A)
City Attorney Penman advised that this SUbject should be
discussed in conjunction with Agenda Item #40, which is
discussion on the City's position concerning assault weapons.
The Brown Act stipulates that any subject already on the agenda
should be discussed during that time.
PUBLIC COMMENTS - CHRIS FREILING
Chris Freiling, 5423 Mayfield Avenue, San Bernardino,
California, presented a letter dated March 13, 1989, concerning a
sewer failure on October 25, 1988, which resulted in flood damage
to his home. He described settlement arrangements that were
agreed upon between himself and the claim adjuster. (A)
Mr. Freiling stated
requested a more extensive
of damages to be made.
that the City Attorney subsequently
release from him in order for payment
He stated that he is willing to sign the original release
form without any deletions or corrections and requested the
payment of additional interest to cover the delay.
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Mayor Wilcox requested that the City Administrator meet with
the City Attorney and provide a report concerning this claim.
APPROVAL OF COUNCIL MINUTES - JANUARY 30, 1989
Council Member Minor made a motion, seconded by Council
Member Maudsley and unanimously carried, that the minutes of the
meeting of the Mayor and Common Council held January 30, 1989, be
approved as submitted in typewritten form. (1)
COUNCIL PERSONNEL COMMITTEE MEETING REPORT -
FEBRUARY 23, 1989
Council Member Minor made a
Member Maudsley and unanimously
submitted by Council Member Reilly,
Committee, concerning their meeting
received and filed. The fOllowing
meeting agenda:
motion, seconded by Council
carried, that the report
Chairman of the Personnel
held February 23, 1989 be
items were on the committee
( 2 )
1. Library Proposed Reclassifications;
2. Evaluation of RFP's for Chief Labor Negotiator;
3. Approval of Contract Services - Former Interim Planning
Director.
LEGISLATIVE REVIEW COMMITTEE MEETING REPORT -
FEBRUARY 23, 1989
Council Member Minor made a motion, seconded by Council
Member Maudsley and unanimOUSly carried, that the report
submitted by Council Member Reilly, Chairman of the Legislative
Review Committee, concerning their meeting held February 23,
1989, be received and filed. The following items were on the
committee meeting agenda: (3)
1. Report on Encroachments in Street Right-of-Way Being a
Hazard or Hindrance - Tract No. 11118, Meyers Road;
2. Proposed Ordinance to Establish a Permanent Policy and
guidelines for Quality Managed Growth in San
Bernardino;
3. View Ordinance for Single-Family Homes in the
Foothills.
CITY/HOUSING AUTHORITY/COMMUNITY HOSPITAL SENIOR
HOUSING PROJECT - 17TH & FLORES STREET - VOIDING OF
PROCUREMENT AND RFP - UNDERWRITING SERVICES -
AGREEMENT - ERLICH BOBER AND COMPANY, INC. -
SUBSTITUTION WITH STONE AND YOUNGBERG
In a memorandum dated February 23, 1989, Ken Henderson,
Director of Community Development, stated that at the January 17,
1989, meeting of the Mayor and Common Council of the City of San
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Bernardino, Resolution No. 89-17 was adopted, authorizing the
execution of an agreement with Ehrlich Bober and Company, Inc. to
provide underwriting services for the City/Housing Authority/San
Bernardino Community Hospital Senior Housing Complex. (4)
Mr. Henderson further stated that subsequent to this action,
the project management team, whose expertise was the significant
factor in the selection of Ehrlich Bober and Company, Inc. to
provide these underwriting services, has left the firm and been
retained by Stone and Youngberg.
In a letter dated
and Youngberg indicated
project.
February 3, 1989, Dawn Vincent of Stone
willingness to work with the City on this
Council Member Minor made a motion, seconded by Council
Member Maudsley and unanimously carried, that the Mayor and
Common Council void the procurement and RFP issued in connection
with underwriting services for the City/Housing Authority/
Community Hospital Senior Housing project; that Resolution No.
89-17 be repealed; and that Stone and Youngberg be substituted as
underwriter for the subject project.
ASSESSMENT DISTRICT - ARDEN AVENUE AND GUTHRIE
STREET AREA - STREET LIGHTS, SWEEPING AND SECURITY
PATROL - AUTHORIZATION TO PROCEED
In a letter dated January 23, 1989, John Rampello of GWRE,
owner of 61% of the property within the proposed assessment
district, requested the establishment of an assessment district
to finance costs for security patrol, street light electrical
energy costs and a second street sweeping per month. The pro-
posed assessment district is bounded on the south by the 20th
Street alley, on the north by the Old Highland Service Road, on
the west by Guthrie Avenue and on the east by Arden Avenue.
(5 )
In a memorandum dated February 24, 1989, Roger Hardgrave,
City Engineer, provided the preliminary costs of the services
requested under the assessment district. The estimated annual
cost for each of the 103 parcels is $432. The costs will be up-
fronted by the City and recovered from assessments placed upon
the subsequent years' tax bills.
Council Member Minor made a motion, seconded by Council
Member Maudsley and unanimously carried, that the City Engineer
and City Clerk be authorized to initiate proceedings for the
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establishment of an assessment district under the provisions of
Chapter 12.90 of the San Bernardino Municipal Code and that the
City Engineer be directed to prepare an Engineer's Report for the
proposed security/maintenance district, generally between
Highland Avenue and the alley south of 20th Street, and between
Arden and Guthrie Street.
STREET NAME CHANGE - CARNEGIE DRIVE, NORTH OF
HOSPITALITY LANE TO TRI-CITY CORPORATE DRIVE -
AUTHORIZATION TO PROCEED
In a memorandum dated January 30, 1989, Roger Hardgrave,
City Engineer, stated that a petition has been received from
Rancon Realty Funds IV and V to change the name of Carnegie
Drive, north of Hospitality Lane, to Tri-City Corporate Drive, in
order to coincide with their current development of the area.
The petitioner will pay for all costs of changing the street name
signs. (6)
Council Member Minor made a motion, seconded by Council
Member Maudsley and unanimously carried, that the Real Property
Section of the Public Works Department be authorized and directed
to proceed with Changing the name of Carnegie Drive, north of
Hospitality Lane, to Tri-City Corporate Drive.
STREET NAME CHANGE - WASHINGTON AVENUE, FROM
CYNTHIA STREET TO WALNUT AVENUE, TO WASHINGTON STREET -
AUTHORIZATION TO PROCEED
In a memorandum dated February 28, 1989, Roger Hardgrave,
City Engineer, requested that the name of Washington Avenue, from
Cynthia Street to Walnut Avenue, be changed to Washington Street,
in order to provide continuity in street names in the area.
(7 )
Council Member Minor made a motion, seconded by Council
Member Maudsley and unanimously carried, that the Real Property
Section of the Public Works Department be authorized and directed
to proceed with changing the name of Washington Avenue, from
Cynthia Street to Walnut Avenue, to Washington Street.
STREET NAME CHANGES - SOUTH "D" STREET TO FAIRWAY
COURT - MAC KAY DRIVE TO FAIRWAY DRIVE - AUTHORIZATION
TO PROCEED
In a memorandum dated February 1, 1989, Roger Hardgrave,
City Engineer, stated that a petition has been received from the
owners of Fairway Commerce Center to change the name of South "D"
Street, south of Century Avenue, to Fairway Court; and to change
MacKay Drive, between South "E" Street and South "D" Street, to
Fairway Drive. This request was made in order to change the
names of the streets to coincide with their current development
and proposed signage for the area. (8)
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Council Member Minor made a motion, seconded by Council
Member Maudsley and unanimously carried, that the Real Property
Section of the Public Works Department be authorized and directed
to proceed with changing the name of South "D" Street, south of
Century, to Fairway Court; and to change the name of MacKay
Drive, between South "E" Street and South "D" Street, to Fairway
Drive.
STREET VACATION - PORTION OF ESPERANZA STREET,
WEST OF "H" STREET - AUTHORIZATION TO PROCEED
In a memorandum dated February 21, 1989, Roger Hardgrave,
City Engineer, stated that a request to vacate a portion of
Esperanza Street, west of "H" Street, was received from 50% of
the adjoining property owners. The petitioner has deposited one-
half of the costs involved in the street vacation and will pay
the remaining half after the investigative proceedings. Vacating
this proposed area would release the City from maintenance
liabili ty. (9)
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Council Member Minor made a motion, seconded by Council
Member Maudsley and unanimously carried, that the Director of
Public Works/City Engineer and the City Clerk, be authorized to
proceed with the proposed vacation of a portion of Esperanza
Street, west of "H" Street; and that Plan 7489, showing the
proposed vacation of a portion of Esperanza Street, west of "H"
Street, be approved.
STREET VACATION - PORTION OF CHESTNUT AVENUE,
NORTH OF IRVINGTON - PLAN APPROVAL - CHESTNUT
AVENUE STORM DRAIN
In a memorandum dated February 8, 1989, Roger Hardgrave,
City Engineer, stated that the plans are finished for the
previOUSly authorized vacation of a portion of Chestnut Avenue,
north of Irvington Avenue, in conjunction with the construction
of the Chestnut Avenue storm drain. (10)
Council Member Minor made a motion,
Member Maudsley and unanimously carried,
showing the proposed vacation of a portion
north of Irvington Avenue, be approved.
seconded by Council
that Plan No. 7717,
of Chestnut Avenue,
MT. VERNON CRUISING PROBLEM - REPORT FROM CHIEF
OF POLICE
In a memorandum dated February 15, 1989, Don Burnett, Chief
of Police, provided a report concerning the cruising problem on
Mt. Vernon Avenue. Included in his report is a Financial/
Statistical Summary of costs for the Tactical Action Plan from
July 22, 1988, to January 15, 1989. (11)
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Council Member Minor made a motion, seconded
Member Maudsley and unanimously carried, that the
Cruising Problem Staff Report be received and filed.
by Council
Mt. Vernon
BBC RESOLUTIONS
Council Member Minor made a motion, seconded by Council
Member Maudsley and unanimously carried, that the following Board
of Building Commissioners' resolutions be filed: (12)
BBC 1262
BBC 1263
BBC 1264
BBC 1265
BBC 1266
BBC 1267
BBC 1268
BBC 1269
BBC 1270
BBC 1271
BBC 1272
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Len Ai Tang
HUD, c/o Robert E. Weiss
Admin. of Veterans Affairs
CA Housing Finance Agency
c/o Bright Mortgage
New York Guardian Mort. Corp.
Vets Admin., Property Manage-
ment Section
Del Rosa Partners
Arthur & Teresa Purl
Julia Haggerty
Youg Woo, Myung Sook Yum
T. J. Haga
955 W. Highland Ave.
2605 Union
535 N. Meridian
1613 Colima Ave.
1772 W. 28th Street
195 E. 11th Street
3379 N. Del Rosa
1536 Sheridan Road
782 W. Highland Ave.
494 E. Baseline Ave.
481 W. 14th Street
CLAIMS AND PAYROLL
Council Member Minor 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 February 23, 1989,
be approved. (13)
PERSONNEL ACTIONS
Council Member Minor made a motion, seconded by Council
Member Maudsley and unanimously carried, that the personnel
actions submitted by the Director of Personnel in his memorandum
dated February 27, 1989, and in accordance with all admini-
strative regUlations of the City of San Bernardino, be approved.
(14 )
READING AND WAIVING OF RESOLUTIONS
Deputy City Clerk Lang read the titles of the resolutions on
the agenda.
Council Member Flores made a motion, seconded by Council
Member Reilly, that further reading of the resolutions be waived.
The motion carried by the following
Members Reilly, Flores, Maudsley, Minor,
Absent: Council Member Estrada. Abstain:
Ludlam.
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vote: Ayes: Council
Miller. Noes: None.
Council Member Pope-
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RESOLUTION OF THE CITY OF SAN BERNARDINO RE-
NEWING THE COMMITMENT TO COMPLETE DEVELOPMENT
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. (Continued from Feb-
ruary 20, 1989) (15)
Discussion ensued regarding the possibility of having a
meeting between City representatives and the County Counsel. The
County Medical Center has expressed interest in acquiring the
property for relocation of its County Hospital Complex.
Council Member Reilly made
Member Miller and unanimously
continued to the Regular Meeting
of the City of San Bernardino to
a motion, seconded by Council
carried, that the resolution be
of the Mayor and Common Council
be held April 17, 1989.
Council Member Reilly made a motion, seconded by Council
Member Minor, that the fOllowing resolutions be adopted:
RES. 89-53 - RESOLUTION OF THE MAYOR AND COM-
MON COUNCIL OF THE CITY OF SAN BERNARDINO
APPROVING THE AGREEMENT FOR TERMINATION OF
JOINT POWERS AGREEMENT. (Five Cities Economic
Development Authority) (16)
RES. 89-54 - RESOLUTION OF THE CITY
BERNARDINO AUTHORIZING THE EXECUTION
RELEASE. (Slide presentation "Why
With The City of San Bernardino?")
OF SAN
OF A
Merge
(17)
RES. 89-55 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A BILL
OF SALE. (Slide presentation - "Why Merge With
The City of San Bernardino?") (18)
City Attorney Penman answered questions, stating that the
District Attorney advised him that there has been no criminal
conduct regarding the funding of the slide presentation. The
City money spent on the slide presentation was repaid and it is a
civil matter.
Discussion ensued regarding the use of City
development of materials relating to the annexation of
Further discussion ensued regarding the possibility
being selective prosecution in this matter.
monies for
Highland.
of there
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Resolution Nos. 89-53, 89-54 and 89-55 were adopted by the
following vote: Ayes: Council Members Reilly, Flores, Maudsley,
Minor, Miller. Noes: Council Member Pope-Ludlam. Absent:
Council Member Estrada.
RES. 89-56 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AMENDMENT TO THE AGREEMENT WITH KAISER FOUN-
DATION HEALTH PLAN, INC., RELATING TO A
CHANGE IN RATES, EFFECTIVE JANUARY 1, 1989. (19)
Acting City Administrator Robbins answered questions
concerning negotiations regarding the change in rates, stating
that the request to continue the existing rates for January and
February was refused.
Council Member Maudsley made a motion, seconded by Council
Member Flores, that said resolution be adopted.
Resolution No. 89-56 was adopted by the following vote:
Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-
Ludlam, Miller. Noes: None. Absent: Council Member Estrada.
Council Member Maudsley made a motion, seconded by Council
Member Flores, that the following resolutions be adopted:
RES. 89-57 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AMENDMENT TO THE AGREEMENT WITH JOHN HANCOCK
LIFE INSURANCE COMPANY, RELATING TO A CHANGE
IN RATES FOR CITY-PAID LIFE INSURANCE FROM
$.43/$1000 TO $.56/$1000 EFFECTIVE FEBRUARY
1, 1989. (20)
RES. 89-58 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE SUBSEQUENT PRO-
CESSING OF MEDICAL CLAIMS FOLLOWING THE TER-
MINATION OF THE SELF INSURED MEDICAL PLAN. (21)
RES. 89-59 - RESOLUTION OF THE CITY OF SAN
BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS
OF REAL PROPERTY LOCATED WITHIN THE CITY OF
SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT
OF PUBLIC NUISANCES. (125 E. 9TH ST., 227 W.
10TH ST., 1724 W. 28TH ST., 1742 W. 28TH ST.,
296 E. 34TH ST., 751/3, 763-771 N. "D" ST.,
1650 N. "J" ST., 1487 W. KINGMAN, 1771 W.
MALLORY ST., 1781 W. MALLORY ST.) (23)
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RES. 89-60 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO NIXON-EGLI
EQUIPMENT COMPANY FOR THE FURNISHING AND
DELIVERY OF THREE (3) STREET SWEEPERS, TO BE
UTILIZED BY PUBLIC SERVICES/STREET DEPARTMENT
IN ACCORDANCE WITH BID SPECIFICATION F-89-21.
(24)
Resolution Nos. 89-57, 89-58, 89-59 and 89-60 were adopted
by the following vote: Ayes: Council Members Reilly, Flores,
Maudsley, Minor, Miller. Noes: None. Absent: Council Member
Estrada. Abstain: Council Member Pope-Ludlam.
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
AGREEMENT WITH PRIVATE MEDICAL CARE, INC.,
EXTENDING THE TERM FOR AN ADDITIONAL YEAR
EFFECTIVE JANUARY 1, 1989. (22)
Acting City Administrator Robbins answered questions
regarding delays incurred in the processing of this agreement.
Council Member Flores made a motion,
Member Miller and unanimously carried, that
continued to later in the meeting. (See Page
seconded by Council
the resolution be
15)
Council Member Flores made a motion, seconded by Council
Member Miller, that the following resolutions be adopted:
RES. 89-61 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO SEAGRAVE
FIRE APPARATUS FOR THE FURNISHING AND DELIVERY
OF TWO (2) FIRE PUMPERS, TO BE UTILIZED BY THE
CITY FIRE DEPARTMENT IN ACCORDANCE WITH BID
SPECIFICATION F-89-16. (25)
RES. 89-62 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO MORRISON
INDUSTRIES, INC. FOR THE FURNISHING AND
DELIVERY OF ONE (1) AERIAL BUCKET TRUCK, TO BE
UTILIZED BY THE PUBLIC SERVICES DEPARTMENT IN
ACCORDANCE WITH BID SPECIFICATION F-89-22. (26)
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RES. 89-63 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A FIVE (5) YEAR LEASE PUR-
CHASE AGREEMENT TO PACIFIC CORP CAPITAL INC.
FOR THE FINANCING OF THREE (3) STREET
SWEEPERS, TWO (2) FIRE PUMPERS, ONE (1) AERIAL
BUCKET TRUCK AND ONE (1) CENTRACOM II CONSOLE
FOR POLICE DISPATCH IN ACCORDANCE WITH LEASE
PURCHASE QUOTATION LP9003. (27)
RES. 89-64 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A FIVE (5) YEAR LEASE PUR-
CHASE AGREEMENT TO SECURITY PACIFIC LEASING
CORPORATION FOR THE FINANCING OF TWO (2) 1988
FRONT LOADER REFUSE VEHICLES, 35 CUBIC YARD
CAPACITY AND TWO (2) 1988 ROLL-OFF TRUCKS, 20
TO 40 CUBIC YARD CAPACITY IN ACCORDANCE WITH
LEASE PURCHASE QUOTATION LP9002. (28)
RES. 89-65 - RESOLUTION OF THE CITY
BERNARDINO AUTHORIZING TO PURCHASE UP
TEEN (15) POLICE PATROL VEHICLES.
OF SAN
TO FIF-
(29 )
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Resolution Nos. 89-61, 89-62, 89-63, 89-64
adopted by the following vote: Ayes: Council
Flores, Maudsley, Minor, Pope-Ludlam, Miller.
Absent: Council Member Estrada.
and 89-65 were
Members Reilly,
Noes: None.
Council Member Miller made a motion, seconded by Council
Member Reilly, that the following resolutions be adopted:
RES. 89-66 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH DMJM, INC., RELATING TO THE
PROVISION OF PROFESSIONAL ENGINEERING DESIGN
SERVICES FOR THE CENTRAL CITY SOUTH ASSESSMENT
DISTRICT. (30)
RES. 89-67 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE CITY OF COLTON FOR MAINTE-
NANCE OF TRAFFIC SIGNALS AND INTERSECTION
LIGHTING. (31)
.
RES. 89-68 - A RESOLUTION OF THE CITY OF SAN
BERNARDINO GRANTING AN EASEMENT TO SOUTHERN
CALIFORNIA EDISON COMPANY, A CORPORATION, OVER
CITY OWNED PROPERTY LOCATED ON THE SOUTH SIDE
OF 7TH STREET, BETWEEN SIERRA WAY AND WATERMAN
AVENUE. (32)
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RES. 89-69 - RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING THE FINAL MAP FOR SUB-
DIVISION TRACT NO. 13457, LOCATED ON THE SOUTH
SIDE OF MILL STREET, EAST OF MACY STREET AND
IMMEDIATELY EAST OF THE SOUTHERN PACIFIC RAIL-
ROAD RIGHT-OF-WAY, ACCEPTING THE PUBLIC DEDI-
CATIONS AS SET FORTH ON SAID MAP; AND AUTHO-
RIZING EXECUTION OF THE STANDARD FORM OF
AGREEMENT FOR THE IMPROVEMENTS IN SAID SUB-
DIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
(33 )
Resolution Nos. 89-66, 89-67, 89-68 and 89-69 were
by the following vote: Ayes: Council Members Reilly,
Maudsley, Minor, Pope-Ludlam, Miller. Noes: None.
Council Member Estrada.
adopted
Flores,
Absent:
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF PROGRAM SUPPLEMENT NO. 52 OF
LOCAL AGENCY FEDERAL-AID SAFETY IMPROVEMENT
PROJECTS, BETWEEN SAID CITY AND THE STATE OF
CALIFORNIA, ACTING BY AND THROUGH ITS DEPART-
MENT OF TRANSPORTATION. (Waterman Ave., from
Redlands Blvd. to Mill St.) (34)
Council Member Flores made a motion, seconded by Council
Member Minor and unanimously carried, that said resolution be
continued to the Regular Meeting of the Mayor and Common Council
of the City of San Bernardino to be held April 3, 1989. (This
resolution was adopted later - See Res. 89-75, Page 15)
RES. 89-70 - A RESOLUTION OF THE CITY OF SAN
BERNARDINO MAKING APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION OF THE COUNTY OF
SAN BERNARDINO FOR THE ANNEXATION OF THE TER-
RITORY LOCATED SOUTH OF RIALTO AVENUE, WEST OF
TIPPECANOE AVENUE. (35)
Discussion ensued regarding Exhibit "A" of the resolution,
the Justification for Proposal and Preliminary Environmental
Description Form. Item 5 on Page 3, states that service
extensions accomplished by this proposal do induce growth on this
site. Item 9 on Page 2, states that the proposal will not
require public services from any agency or district which is
currently operating at or near capacity.
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The Mayor and Common Council discussed the impact of the
resolution on police services.
Council Member Minor made a motion, seconded by Council
Member Flores, that said resolution be adopted.
Resolution No. 89-70 was adopted by the following vote:
Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-
Ludlam, Miller. Noes: None. Absent: Council Member Estrada.
RES. 89-71 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH MOHLE, GROVER AND ASSOCIATES
RELATING TO THE PROVISION OF PROFESSIONAL
SERVICES FOR PREPARATION OF A TRAFFIC CONTROL
DEVICES INVENTORY. (36)
City Engineer Hardgrave answered questions, stating that the
services of a Traffic Engineering Consultant are included in the
grant that finances various projects promoting traffic safety.
Council Member Maudsley made a motion, seconded by Council
Member Flores, that said resolution be adopted.
Resolution No. 89-71 was adopted by the following vote:
Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-
Ludlam, Miller. Noes: None. Absent: Council Member Estrada.
RES. 89-72 - RESOLUTION OF THE CITY OF SAN
BERNARDINO ACCEPTING THE APPRAISER'S DETERMI-
NATION OF FAIR MARKET VALUE OF A STREET AND
HIGHWAY EASEMENT AT THE SOUTHEAST CORNER OF
GILBERT STREET AND WATERMAN AVENUE, SAN BER-
NARDINO, CALIFORNIA, AND CERTIFYING THE WORK
OF THE APPRAISER. (37)
Discussion ensued regarding problems incurred by busses at
this location due to the radius of the curb return.
Council Member Maudsley made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
Resolution No. 89-72 was adopted by the following vote:
Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-
Ludlam, Miller. Noes: None. Absent: Council Member Estrada.
14
3/13/89
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RES. 89-73 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AMENDMENT TO AGREEMENT WITH PRIVATE MEDICAL
CARE, INC., EXTENDING THE TERM FOR AN ADDI-
TIONAL YEAR EFFECTIVE JANUARY 1, 1989. (Con-
tinued from earlier in the meeting See
Page 11) (22)
Deputy City Attorney Roth answered questions regarding the
time frame involved in processing this agreement.
Gordon Johnson, Director of Personnel, answered questions
concerning the time involved in processing this agreement.
Discussion ensued regarding the amount of time taken to
bring this agreement before the Mayor and Common Council.
Council Member Maudsley made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
Resolution No. 89-73 was adopted by the following vote:
Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-
Ludlam, Miller. Noes: None. Absent: Council Member Estrada.
RES. 89-74 - RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING AN AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND THE SAN BERNARDINO
POLICE OFFICERS ASSOCIATION. (S-l)
Council Member Maudsley made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
Resolution No. 89-74 was adopted by the following vote:
Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-
Ludlam, Miller. Noes: None. Absent: Council Member Estrada.
RES. 89-75 - RESOLUTION OF THE MAYOR AND COM-
MON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF PROGRAM SUPPLE-
MENT NO. 52 OF LOCAL AGENCY FEDERAL-AID SAFETY
IMPROVEMENT PROJECTS, BETWEEN SAID CITY AND
THE STATE OF CALIFORNIA, ACTING BY AND THROUGH
ITS DEPARTMENT OF TRANSPORTATION. (Waterman
Ave., from Redlands Blvd. to Mill St.) (Dis-
cussed earlier in meeting - See Page 13) (34)
Resolution No. 89-75 was adopted by the following vote:
Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-
Ludlam, Miller. Noes: None. Absent: Council Member Estrada.
15
3/13/89
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ORD. MC-653 - ORDINANCE OF THE CITY OF SAN FINAL
BERNARDINO ADDING CHAPTER 3.13 TO THE SAN BER-
NARDINO MUNICIPAL CODE TO PROVIDE FOR THE
WAIVER OR REFUND OF FEES FOR CHARITABLE
ORGANIZATIONS. (38)
Deputy City Clerk Lang read the title of the ordinance.
City Attorney Penman advised the Council Members that they
may wish to abstain from voting on the ordinance if they sit on
any boards or committees of charitable organizations, due to a
possible conflict of interest.
Council Member Miller made a motion, seconded by Council
Member Maudsley, that final reading of the ordinance be waived
and that said ordinance be adopted.
Ordinance MC-653 was adopted by the following vote:
Council Members Reilly, Flores, Maudsley, Minor, Miller.
None. Absent: Council Member Estrada. Abstain: Council
Pope-Ludlam.
Ayes:
Noes:
Member
RECESS MEETING
At 10:35 a.m., Mayor Wilcox called for a ten minute recess
of the meeting.
RECONVENE MEETING
At 11:00 a.m., the meeting
Wilcox in the Council Chambers of
Street, San Bernardino, California.
was called to order by Mayor
Ci ty Hall, 300 North "D"
ROLL CALL
Roll Call was taken by Deputy City Clerk Lang with the
fOllowing being present: Mayor Wilcox; Council Members Reilly,
Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney
Penman, Deputy City Clerk Lang, Acting City Administrator
Robbins. Absent: Council Member Estrada.
ASSAULT WEAPONS - DISCUSSION OF CITY'S POSITION -
CONTINUED FROM FEBRUARY 20, 1989
This is the time and place continued to for discussion of
the City's position concerning assault weapons. (40)
Discussion ensued regarding
committee to research alternative
weapons.
referring this item to a
methods of registering assault
16
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Council Member Minor made a motion, seconded by Council
Member Miller and unanimously carried, that the subject of the
City's position concerning assault weapons be referred to the
Legislative Review Committee.
HOME OF NEIGHBORLY SERVICES - CDBG LOAN RESTRUCTURING
In a letter dated February 9, 1989, representatives from the
Home of Neighborly Services, 839 N. Mt. Vernon Avenue, San Ber-
nardino, requested to be placed on the Council Agenda to discuss
their Community Development Block Grant loan. (42)
In a memorandum dated February 22, 1989, Ken Henderson,
Director of Community Development, provided background
information concerning the loan given to the Home of Neighborly
Services in August, 1980, for rehabilitation of their office
complex.
Wilbur Brown, Chairman of the
Neighborly Services, spoke
loan restructured or the
to a grant.
Board of Directors of the
regarding their request to
possibility of having it
Dr.
Home of
have the
converted
City Attorney Penman answered questions regarding what needs
to be done in order to stop foreclosure proceedings on the Home.
Dr. Wilbur Brown answered questions regarding
Executive Director coming on board in April.
a new
City Attorney Penman stated he is going to donate $1,000
from his campaign fund to the Home and invited other members of
the Mayor and Common Council to help support the Home.
COUNCIL MEMBER ESTRADA ARRIVED
At 11:08 a.m., Council Member Estrada arrived at the Council
Meeting and took her place at the Council Table.
Ken Henderson, Director of Community Development, explained
the recommendations in his staff report.
City Attorney Penman agreed with Mr. Henderson.
Ken Henderson
that the building is
120 day process.
described the foreclosure process, stating
currently within the first 30 days of that
City Attorney Penman stated that the money required
the Home out of arrears should be able to be raised within
90 days, and stated his willingness to get involved.
to get
30 to
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3/13/89
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Dr. Wilbur Brown answered questions regarding the status of
the Board of Directors of the Home of Neighborly Services.
Mr. Henderson explained that any costs or fees concerning
foreclosure are normally added to the amount of the foreclosure.
Discussion ensued regarding a delay in taking
matter will result in further foreclosure costs.
non-profit organizations was also discussed.
action on this
The support of
Council Member Estrada made a motion, seconded by Council
Member Pope-Ludlam, that the foreclosure proceedings on the Home
of Neighborly Services be stayed and the matter be referred to
the Ways and Means Committee for review and recommendations to be
brought back to the Mayor and Common Council on May 22, 1989.
This meeting was later scheduled for May 15, 1989)
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Flores, Minor, Pope-Ludlam,
Noes: Council Member Maudsley. Absent: None.
Council
Miller.
COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY -
REGULAR MEETING
The Regular Meeting of the Community Development Commission/
Redevelopment Agency was called to order by Chairman Wilcox.
Business pertaining to the Community Development Commission/
Redevelopment Agency was handled.
CITY CLERK CLARK ARRIVED
City Clerk Clark arrived at the Council Meeting and replaced
Deputy City Clerk Lang.
RECESS MEETING
At 12:10 p.m., Council Member Pope-Ludlam made a motion,
seconded by Council Member Miller and unanimously carried, that
the meeting recess to the Redevelopment Agency Board Room for a
luncheon workshop.
RECONVENE MEETING
At 12:30 p.m., Mayor Wilcox called the luncheon workshop of
the Mayor and Common Council to order in the Redevelopment Agency
Board Room.
ROLL CALL
Roll Call was taken with the following being present: Mayor
Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller; Deputy City Attorney Empeno, City Clerk
Clark, Acting City Administrator Robbins. Absent: None.
18
3/13/89
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.
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LUNCHEON WORKSHOP - GENERAL PLAN - DRAFT DOCUMENT -
EIR PROCESS - PROCEDURES - MEETING DATES AND TOPICS -
FORMAT - PUBLIC INPUT - LEGAL REQUIREMENTS AND PRODUCTS
This is the time and place set for a luncheon workshop to
discuss the draft of the General Plan and the environmental
impact report review process, including the overall procedure,
meeting dates, meeting topics, format, public input, legal
requirements and products. (41)
Planning Director Kilger
presented the General Plan land
department is working hard to
General Plan are consistent.
and Senior Planner Bautista
use map and explained how the
make sure that the map and the
Planning Director Kilger explained that the department is
circulating an administrative draft of the General Plan, which is
presently available to the public.
Senior Planner
Plan schedule and
General Plan and
available.
Bautista presented
stated that on
the environmental
the recommended General
March 20, 1989, the draft
impact report will be
Deputy
having full
schedule.
City Attorney
participation
Empeno
because
stressed
of the
the importance of
intensity of the
The Mayor and Common Council discussed the schedule.
Council Member Reilly made a
Member Minor, that the schedule that
subject to changes.
motion, seconded by Council
was presented be approved
It was pointed out that a General Plan Council Meeting is
being held March 15, 1989, and that it might be a better time to
finalize the schedule.
Council Members Reilly and Minor withdrew their motion.
Valerie Ross, Principal Planner, spoke regarding public
notification and all the efforts the Planning Department is
making, inclUding the cable television bulletin board, in order
to make the public aware of the hearing schedule.
The format for the public hearings was briefly discussed.
19
3/13/89
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.
.
John Traver, Chairman of the General Plan Citizens' Advisory
Committee, spoke regarding the on-going problem of communicating
the decisions of the Citizens' Advisory Committee to the Planning
Commission. He described decisions of the CAC that were changed
by the Planning Commission in their report to the Council, so
that all decision makers have a full understanding of the input
and the rationale behind each recommendation.
Principal Planner Ross explained that the maps are available
through Riverside Blue Print and the various scale that can be
purchased.
The Planning Department presented concerns about the costs
of the documents and recommended that the administrative draft be
used for the General Plan draft.
Council Member Pope-Ludlam made a motion,
Council Member Minor and unanimously carried, that
of meeting dates be continued to March 15,
finalization.
seconded by
the schedule
1989, for
RECESS LUNCHEON WORKSHOP
Council Member Pope-Ludlam made a motion, seconded by
Council Member Flores and unanimously carried, that the luncheon
workshop recess until 2:00 p.m., for the Regular Meeting of the
Mayor and Common Council in the Council Chambers of City Hall,
300 North liD" Street, San Bernardino, California.
RECONVENE MEETING
At 2:05 p.m., Mayor Wilcox called the Regular Meeting to
order in the Council Chambers of City Hall, 300 North liD" Street,
San Bernardino, California.
ROLL CALL
Roll Call was taken with the following being present: Mayor
Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk
Lang, Acting City Administrator Robbins. Absent: None.
APPEAL HEARING - PLANNING COMMISSION'S APPROVAL OF
CONDITIONS - CONDITIONAL USE PERMIT 88-52 -
ALBERT MAMLOUK - 771 NORTH "D" STREET - CONTINUED
FROM FEBRUARY 20, 1989
This is the time and place continued to for consideration of
an appeal by Albert Mamlouk regarding conditions of approval
placed on Conditional Use Permit 88-52 for off-site sale of beer
and wine at the proposed new location of his 7-10 Store at 771 N.
"D" Street. (45)
20
3/13/89
.
Deputy City Clerk Lang outlined the previous action of the
Mayor and Common Council concerning this conditional use permit.
Brad Kilger, Planning Director, provided background history
of the matter. The requirement of a conditional use permit arose
out of Mr. Mamlouk's desire to move his business from a nearby
location to a building he proposes to construct.
Mayor Wilcox opened the hearing.
John Lightburn, representing Mr. Mamlouk, described the
proposed development of Mr. Mamlouk.
City Attorney Penman answered questions, stating that once a
conditional use permit is granted, it is difficult to add
conditions to it at a later date. A conditional use permit is
not meant to be a probationary document. Stricter conditions
than those imposed by the Alcoholic Beverage Commission may be
imposed by the City.
.
Discussion ensued regarding the Police Department's
recommendations, and the manner in which the conditions on the
conditional use permit should be worded in order to ensure that
the City has authority to take action against any violations,
including state regulations. It was suggested that the
conditions include that Mr. Mamlouk be subject to all ABC
requirements.
John Lightburn spoke regarding the suggested addition to the
conditions.
Albert Mamlouk, owner of the 7-10 Store, spoke regarding
patrons throwing their trash in the vacant field near his store.
Rose Mihata, a neighboring property owner for 15 years,
spoke regarding her inability to keep tenants due to the actions
of vagrants in the area who are attracted to the liquor/
convenience store. She requested that the store not be permitted
in the neighborhood and stated that the majority of the sales in
Mr. Mamlouk's store are for liquor, not groceries. She also
spoke regarding the relationship between liquor and crime.
Dennis Hancock, owner of Jimmy Hancock's Tuxedos, 789 North
"D" Street, spoke regarding his attempts to increase his busi-
ness. He stated that his clients are afraid to come into his
neighborhood due to loitering vagrants attracted to Mr. Mamlouk's
liquor store. He described his declining business and stated
that he has pictures being developed of the unfavorable
. conditions in the neighborhood due to Mr. Mamlouk's clientele.
21
3/13/89
.
.
.
He reported that
come into his
waiting area.
he recently had one of Mr. Mamlouk's customers
business and break a liquor bottle inside his
Joanna Frank, a student at
has been doing on residents
business. She stated there is
and the problems experienced by
Cal State, described a study she
in the area of Mr. Mamlouk's
no correlation between the store
the people in the neighborhood.
W. R. Holcomb, representing Mr. Mamlouk, spoke regarding his
review of the establishment over the past several months. He
stated that he has not seen any of the conditions described by
the neighboring business owners. He stated that the crime
statistics show that crime declined in the area after the opening
of Mr. Mamlouk's present store. He spoke regarding other
neighboring businesses supporting the opening of Mr. Mamlouk's
new store.
Dennis Hancock, a neighboring business owner, stated that
the only reason the area is as clean as it is, is because of the
efforts of other property owners to clean it up. He claimed that
the decline of his business from eight employees to five was
because of the decline of the neighborhood caused by Mr.
Mamlouk's clientele.
City Attorney Penman spoke regarding the status of the
pending lawsuit concerning Mr. Mamlouk.
W. R. Holcomb suggested that Mr. Mamlouk be permitted to
improve the neighborhood with his new building and that the Mayor
and Council review it in six months.
Discussion ensued
neighborhood surrounding
new location.
regarding the condition of the
Mr. Mamlouk's present store and proposed
Rose Mihata stated that she had gone into Mr. Mamlouk's
store and identified his patrons who were causing problems for
her clientele. She requested of Mr. Mamlouk and Mr. Holcomb that
the problem patrons be kept off her property. She pays a service
to keep her property clean.
Mr. Mamlouk responded to the comments
stating that the particular man identified
kept from coming into his store, but he
stores and returns to the area.
made by Ms. Mihata,
by Ms. Mihata has been
goes to other liquor
22
3/13/89
.
.
.
Discussion ensued regarding the new shopping center at Fifth
Street and Meridian Avenue, which is almost completely vacant due
to tenants not being able to meet the strict conditions.
Brad Kilger, Planning Director, answered questions regarding
the proposed development of the new center.
Council Member Estrada made a motion, seconded by Council
Member Miller and unanimously carried, that the appeal be upheld;
that Conditional Use Permit 88-52 be approved subject to the
Findings of Fact and Conditions of Approval Nos. 1, 5, 6, 7, 8, 9
and 10 contained in the Statement of Official Planning Commission
Action and a condition that it be subject to any violation of the
ABC regulations; that the Police Department report to the Mayor
and Common Council any complaints from neighbors within a one
block radius of the facility on a quarterly basis for the next
year.
City Attorney Penman answered questions regarding follow-up
that will be required concerning complaints in the area, to see
if they are the result of violations of any of these conditions.
He stated that the conditional use permit may be revoked without
having a hearing.
The motion carried by the following
Members Estrada, Reilly, Pope-Ludlam,
Members Flores, Maudsley, Minor. Absent:
Council
Council
vote:
Miller.
None.
Ayes:
Noes:
Mayor Wilcox vetoed the action as she feels that Conditions
2 and 3 should be imposed. Conditions 2 and 3 are as follows:
2 .
No wine or distilled spirits shall
containers less than 750ml. 12 ounce
shall not be sold in quantities less than
be sold in
wine coolers
four packs.
3. No malt beverage products shall be sole in less than
six pack quantities per sale.
Discussion ensued regarding conditions
imposed on the conditional use permit.
that should be
John Lightburn, representing Mr.
that Condition 7 is the appropriate
problems in the area.
Mamlouk, stated his belief
condition to control any
The Mayor and Common Council discussed having a City-wide
ordinance imposing Conditions 2 and 3.
23
3/13/89
.
.
.
City Attorney Penman stated that he would research the
authority of the City to adopt such an ordinance. He stated that
Condition No.7, regarding no alcoholic beverages being consumed
on any property adjacent to the licensed premises or under
control of the licensee, would be difficult to enforce.
Discussion ensued regarding problems that might be incurred
by Mr. Mamlouk in attempts to enforce what his patrons do on
neighboring property.
Mr. Lightburn commented concerning the responsibility of the
Police Department in this kind of action.
City Attorney
prioritized.
Penman described
how pOlice calls are
The possibility of the neighborhood being patrolled by a
security service hired by the property owners was discussed.
Mr. Lightburn spoke regarding Mr. Mamlouk's willingness to
participate with neighboring property owners in hiring a security
service.
Rose Mihata, a neighboring property owner, stated that her
income from her property has dropped 50% due to conditions caused
by Mr. Mamlouk's store. She is unwilling to pay for protection
against "winos" coming from the store. She suggested that the
root of the problem is the store being located in the
neighborhood, as these types of problems did not occur before it
moved in.
Dennis Hancock, a neighboring property owner, stated that he
has been at his location for 25 years. During the first 22 to 23
years he never had these type of problems.
City Attorney Penman explained that in light of the action
previously taken, if no further action is taken on this matter,
the conditions of the Planning Commission stand.
Council Member Minor made a motion, seconded by Council
Member Maudsley, that the appeal be denied; that Conditional Use
Permit No. 88-52 be approved sUbject to the Findings of Fact and
Conditions of Approval contained in the Statement of Official
Planning Commission action, with the exception of Condition No. 4
being removed.
The motion carried by the fOllowing vote:
Members Reilly, Flores, Maudsley, Minor. Noes:
Estrada, Pope-Ludlam, Miller. Absent: None.
Ayes: Council
Council Members
24
3/13/89
.
.
.
RECESS MEETING - CLOSED SESSION
At 3:20 p.m., Council Member Minor made a motion, seconded
by Council Member Reilly and unanimously carried, that the Common
Council recess to Closed Session pursuant to the following
Government Code Sections:
54956.9(b)(1)
pending litigation
litigation;
confer
there
with its attorney regarding
is significant exposure to
(49)
to
as
54956.9(c) - to confer
litigation so that Council
litigation.
with
may
its attorney regarding pending
decide whether to initiate
(50)
CLOSED SESSION
At 3:20 p.m., Mayor Wilcox called the Closed Session to
order in the Conference Room of the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll Call was taken with the following being present: Mayor
Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk
Lang, Acting City Administrator Robbins. Absent: None.
Also present were: Senior Assistant City Attorney Barlow,
Deputy City Attorney Empeno and Planning Director Kilger.
RECESS CLOSED SESSION
At 4:12 p.m., the
Meeting of the Mayor and
Bernardino.
Closed Session recessed to the Regular
Common Council of the City of San
RECONVENE MEETING
At 4:12 p.m., Mayor Wilcox called the Regular Meeting to
order in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
ROLL CALL
Roll Call was taken with the following being present: Mayor
Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam; Deputy City Attorney Empeno, Deputy City Clerk Lang,
Acting City Administrator Robbins. Absent: Council Member
Miller.
25
3/13/89
.
.
.
STATE PROJECT - SECOND AFTERBAY AT DEVIL CANYON
POWER PLANT, VERDEMONT - REQUEST TO DELAY OR STOP -
CONTINUED FROM FEBRUARY 20, 1989
This is the time and place continued to for consideration of
requesting the delay or stopping of construction by the State of
California of a second afterbay at the Devil Canyon Power Plant
in the Verdemont area. (46)
Council Member Minor made a
Member Maudsley and unanimously
continued to the Regular Meeting of
of the City of San Bernardino to be
motion, seconded by Council
carried, that this matter be
the Mayor and Common Council
held March 20, 1989.
COUNCIL MEMBER MILLER RETURNED
Council Member Miller returned to the Council Meeting and
took her place at the Council Table.
Helen Kopczynski, 8150 Cable
permission to speak to this matter.
Canyon
Road, requested
Deputy City Attorney Empeno stated that her comments could
be heard at this time if the chair wishes.
Helen Kopczynski requested that the public have an
opportunity to review this project and have their questions
answered by the state. She stated that according to an
Environmental Review Committee agenda for the previous Thursday,
Water Department Project 89-1 is also putting in an afterbay,
which should be part of the pUblic review. She pointed out that
they are two separate projects and should have an Initial Study.
Ray Gonzales, a new resident of the Verdemont area, stated
his concern of the project and requested more information. He
stated that the area residents want to be a part of the review
process of the project. He requested Mayor Wilcox's presence at
a public meeting to review the project.
VERDEMONT AREA FINANCING STRATEGY - TIMING AND
ISSUANCE OF GRADING AND BUILDING PERMITS -
CONTINUED FROM FEBRUARY 20, 1989
This is the time and place continued to for consideration of
a Verdemont area financing strategy regarding the timing and
issuance of grading and building permits. (39)
RESOLUTION OF THE CITY OF SAN BERNARDINO
REGARDING THE TIME OF ISSUANCE OF DEVELOPMENT
PERMITS IN THE VERDEMONT AREA BASED UPON THE
FINANCING STRATEGIES FOR CERTAIN PUBLIC
IMPROVEMENTS. (39)
26
3/13/89
.
.
.
Council Member Minor made
Member Miller and unanimously
continued to the Regular Meeting
of the City of San Bernardino to
a motion, seconded by Council
carried, that the matter be
of the Mayor and Common Council
be held April 3, 1989.
Helen Kopczynski, 8150 Cable Canyon Road, requested that
between now and April 1st that her comments be taken into
consideration in the decision making process. She read Sections
15378 and 15262 of the California Environmental Quality Act
regarding feasibility and planning studies that she feels are not
being met.
She spoke regarding proper environmental review being made
and residents that will be impacted being notified.
Ken Henderson, Director of Community Development, disagreed
with statements made by Ms. Kopczynski, stating that the
improvement plan was submitted to the Environmental Review
Committee, which exempted the financing strategy from further
environmental review subject to Section 15262 of CEQA. This
action was concurred with by the City Attorney's Office. The
Legislative Review Committee recommended approval and the Mayor
and Common Council adopted the financing strategy. It is to be
submitted to the Mayor and Common Council for further review.
Deputy City Attorney Empeno stated that Ms. Kopczynski's
objections are to action previously taken to adopt the financing
strategy. He advised that the action before the Mayor and Common
Council today does not require CEQA review, as it is clarifi-
cation.
Ms. Kopczynski stated that the
Review Committee was not adequate
establish an assessment district.
was not notified and does not know
meeting of the Environmental
environmental assessment to
She advised that the public
of the assessment district.
Acting City Administrator
stating that the action is to
begin the process to establish the
district and to notify the public.
Robbins answered questions,
authorize the City Engineer to
boundaries of the assessment
Planning Director Kilger stated that the
Planning Departments are coordinating for an
they are i~ rhe early stages of environmental
Public
Initial
review.
Works and
Study and
'Ms. Kopczynski stated that the pUblic needs to know when
the Initial Study is available.
27
3/13/89
.
.
.
CITY CLERK CLARK RETURNED
City Clerk Clark returned to the Council Meeting and
replaced Deputy City Clerk Lang.
CDBG LOAN RESTRUCTURING - BOB'S MARKET - 1301 W.
FIFTH STREET - ROBERT & MARGUERITE NAVARRO
In a letter dated February 9, 1989, Robert and Marguerite
Navarro requested a restructuring of their CDBG loan, as they are
running into financial difficulty with their store, Bob's Market,
1301 W. Fifth Street, San Bernardino, California. (43)
In a memorandum dated February 22, 1989, Ken Henderson,
Director of Community Development, provided background
information concerning two CDBG loans provided to the Navarros
September, 1978, and in March, 1979. He provided five reasons
for his recommendation to deny any request for additional
financial assistance or other consideration.
Ken Henderson, Director of Community Development, explained
that the Navarros have been delinquent on their loans, even
though it was previously restructured. Foreclosure on the market
has been instituted in order to ensure first position.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Estrada and unanimously carried, that the matter
be tabled until the Navarros come forward with a proposal.
RETURN OF CASH BOND - KEITH MODE - LETTER OF
AGREEMENT - APARTMENT COMPLEX - 1721 N. CONEJO DR. -
VACATION OF 17TH STREET
In a memorandum dated February 27, 1989, James Robbins,
Acting City Administrator, stated that Keith Mode has requested
the return of his cash bond of $2,000. This bond has been held
in a suspense trust account in lieu of a notarized release from
Mr. Gerald Dripps in order to meet with the letter agreement
between Mr. Dripps, Tina Gonzales and L.Y.W. Investment Company
in consideration for withdrawal of Objections to the 14-unit
apartment complex at 1721 Conejo Drive and vacation of 17th
Street. (44)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller and unanimously carried, that the matter be
continued to the Regular Meeting of the Mayor and Common Council
of the City of San Bernardino to be held April 3, 1989.
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.
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PRIMARY MUNICIPAL ELECTION - MARCH 7, 1989 -
CERTIFICATION OF RESULTS
Council Member Estrada made a motion, seconded by Council
Member Flores and unanimously carried, that the results of the
Municipal Primary Election held on March 7, 1989, as set forth in
the Statement of Votes Cast, and certified, be declared official
as set forth in the document prepared by the City Clerk's Office
as follows: (44a)
OFFICIAL CANVASS
PRIMARY MUNICIPAL ELECTION
MARCH 7, 1989
Total Ballots Cast in City of San Bernardino. . . . . . . 19,525
MAYOR
Total Vote Cast
19,525
Evlyn Wilcox .
Bob Holcomb
Tom Minor
John Lightburn
5,103
6,681
4,037
3,351
FIRST WARD
Total Vote Cast
1,657
824
765
Esther Estrada
Robert A. Castaneda
SECOND WARD
Total Vote Cast
1,878
Jim Ballard
Jack Reilly
657
1,146
FOURTH WARD
Total Vote Cast
4.084
Michael Maudsley . .
3,212
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.
.
MEASURE "A"
Total Vote Cast
19,525
10,069
7,797
For Measure "A"
Against Measure "A"
RECESS MEETING - CLOSED SESSION
At 5:45 p.m., Council Member Pope-Ludlam made a motion,
seconded by Council Member Flores and unanimously carried, that
the meeting recess to Closed Session pursuant to the following
Government Code Sections:
54957.6 to meet with its
regarding labor relations matters;
Designated Representatives
(47)
54956.9(b)(1)
pending litigation
litigation;
with
is
its attorney regarding
significant exposure to
(49 )
to
as
confer
there
54956.9(c)
litigation so
litigation;
- to confer with its attorney regarding pending
that Council may decide whether to initiate
(50)
54956.9(a) - to
litigation which has
a party as follows:
confer with its attorney regarding pending
been initiated formally to which the City is
(51 )
Citv of San Bernardino vs. California Construction
Manaqement. Inc. et al - San Bernardino Superior Court Case No.
238755;
Saldecke. et al vs. City of San Bernardino. et al - San
Bernardino Superior Court Case No. 236836;
Cable Lake Association vs. City of San Bernardino - San
Bernardino Superior Court Case No. 239714 and Case No. 239649;
Citv of San Bernardino vs. San Bernardino Baseball Club.
Inc. - San Bernardino Superior Court Case No. 239193;
Stubblefield
Bernardino. et al
232998;
Construction Companv. et al vs. Citv of San
San Bernardino Superior Court Case No.
Juan Manuel Sanchez vs. Citv of San Bernardino - United
States District Court Case No. CV87-2291 AWT (Bx);
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.
.
Charles H. Brown vs. City of San Bernardino - San Bernardino
Superior Court Case No. 243087;
Sock Dawson. et al vs. Citv of San Bernardino. et al-
United States District Court - Case No. SA 88-461 AHS (RWRx);
Barron/Alcarez vs. City of San Bernardino - San Bernardino
Superior Court Case No. 241692;
Barratt. Inc.. vs. City of San Bernardino - San Bernardino
Superior Court Case No. 242433;
John H. Hendricksen vs. Citv of San Bernardino - San
Bernardino Superior Court Case No. 234384;
Catlett vs. Citv of San Bernardino - San Bernardino Superior
Court Case No. 243182;
City of San Bernardino vs. County of San Bernardino - San
Bernardino Superior Court Case No. 242168;
Countv of San Bernardino. et al vs. South
Manaqement District. et al - Court of Appeal,
District, Division Two Case No. E4562;
Coast Air Ouality
Fourth Appellate
People of the State of California vs. Wai-To Samson Char. et
al - San Bernardino Superior Court Case No. 244524;
Arriaqa vs. Citv of San Bernardino - San Bernardino Superior
Court Case No. 247466;
Whittaker vs. City of San Bernardino
Superior Court Case No. 238417;
San Bernardino
Daub/Gordon vs. Citv of San Bernardino
Superior Court Case No. 242433.
San Bernardino
ADJOURN MEETING
At 5:45 p.m., Council Member Pope-Ludlam made a motion,
seconded by Council Member Flores and unanimously carried, that
the Council Meeting adjourn to Monday, March 15, 1989, at 9:00
a.m., in the Redevelopment Agency Board Room, Fourth Floor, City
Hall, 300 North "D" Street, San Bernardino, California.
/c (52)
~/f/LJ) ~>~
Deputy City Cler
No. of Hours: 8
No. of Items: 63
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