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HomeMy WebLinkAbout01-03-1989 Minutes . City of San Bernardino, California January 3, 1989 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Maudsley at 9:07 a.m., Tuesday, January 3, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGI~NCE The Pledge of Allegiance was led by Mayor Pro Tempore Maudsley. ROLL CALL Roll Call was taken with the following being pre- sent: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City ~ttor- ney Penman, Deputy City Clerk Lang, Acting City Admini- strator Robbins. Absent: None. . PUBLIC COMMENTS Susan Hartman, a volunteer requested that the City provide less people in San Bernardino. to help assistance the for homeless, the home- (A) PUBLIC COMMENTS Julio Silva, a citizen, requested that the City pro- tect against gang violence in the area of 14th and Lugo Streets. (~) Mayor Wilcox assured that the Police Department would address his concerns. COUNCIL MINUTES - DECEMBER 5, 1988 Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the approval of the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on December 5, 1988, be continued to January 17, 1989. (1 ) . 1 1/3/89 . TED D. BAIR - 5718 N. "D" STREET - SETTING OF PUBLIC HEARING - REQUEST FOR RECONSTRUCTION OF RESIDENCE In a letter dated December requested a time extension for reconstruction of his residence Street. TIME EXTENSION 16, 1988, Ted the completion located at 5718 D. of N. (2) Bair the liD" Discussion ensued regarding the holding of a public hearing on this item. Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, that a public hearing relative to the request for an extension of time to complete reconstruction of the residence located at 5718 N. "0" Street, be scheduled for 10:00 a.m., January 17, 1989. . CONTRACT - MARTIN JASKA, INC. - CHANGE ORDER NO. 6 - APPROVAL AND ACCEPTANCE OF WORK - INSTALLATION OF LIGHT CONDUITS - FIRE STATION - TRI-CITY CORPORATE COMPLEX In a memorandum dated December 21, 1988, Roger Hard- grave, City Engineer, stated that a change in the con- tract with Martin Jaska, Inc. for the installation of a street light in front of the new fire station, requires the installation of two conduits beneath the new driveway approach of the new fire station in the Tri-City Corpor- ate Complex. (3) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that Change Order No. Six to the contract with Martin Jaska, Inc., for the construction of a fire station at the Tri- City Complex, in accordance with Plan No. 7270, be approved, authorizing the contractor to install two street light conduits (60 L.F. each) for an increase in contract price of $858.00, from $833,687.00 to $834,545.00. Council Member Reilly made a motion, seconded by Council Member Flores and unanimOUSly carried, that the work performed by the contractor be approved and accept- ed, and that final payment be authorized at the expira- tion of the lien period. . 2 1/3/89 . CONTRACT - BONADIMAN-MC CAIN, INC. - APPROVAL OF CHANGE ORDER NO. 2 - APPROVAL AND ACCEPTANCE OF WORK - RELOCATION OF SEWER - ROUTE 30 CONSTRUCTION - HIGHLAND AVENUE TO "H" STREET In a memorandum dated December 20, 1988, Roger Hard- grave, City Engineer, stated that numerous unknown under- ground utilities requiring relocation have been encoun- tered during the construction of Route 30, which is under contract with Bonadiman-McCain, Inc. (4) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that Change Order No.2 to the contract with Bonadiman-McCain, Inc. for the relocation of sewer facilities for construc- tion of Route 30, from Highland Avenue to "H" Street, in accordance with Plan No. 7116, be approved, authorizing the contractor to perform additional underground reloca- tions for a net increase in the contract price of $22,516.13, from $430,203.82 to $452,719.95. Counci 1 Member Rei lly made a mot ion, seconded by Council Member Flores and unanimously carried, that the work performed by the contractor be approved and accepted; and that final payment be authorized at the expiration of the lien period. . CLAIMS AND PAYROLL Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the claims and payrolls, and the authorization to issue warrants as listed on the memorandum dated December 22, 1988, from the Director of Finance, be approved. (9) PERSONNEL ACTIONS Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the personnel actions dated December 21, 1988, as sub- mitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Ber- nardino, be approved. (10) CONTRACT - CHEROKEE L~NDSCAPE SERVICES - APPROVAL OF CHANGE ORDER NO. 1 - REPLACEMENT OF LANDSCAPE - REVISION OF IRRIGATION SYSTEMS - ASSESSMENT DISTRICT NOS. 951 & 952 In a memorandum dated December 15, 1988, Roger Hard- grave, City Engineer, stated that the removal and replacement of dead shrubs and ground cover, and the revision of the irrigation system in the vicinity of University Parkway and College Avenue in Assessment Dis- . 3 1/3/89 . trict Nos~ 951 and 952, is necessary to keep the area up to standard. Maintenance of this landscape is under contract with Cherokee Landscape Services. (5) City Engineer Hardgrave answered questions regarding the funding of changes. Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that Change Order No. One to the contract with Cherokee Landscape Services to maintain landscaping in Assessment District Nos. 951 and 952, be approved, authorizing the contractor to replace various shrubs and ground cover, and revising irrigation systems, for a net increase in the contract price of $5,945.00, from $41,623.00 to $47,568.00. . CONTRACT - MATICH CORPORATION - APPROVAL OF CHANGE ORDER NO. 1 - INSTALLATION OF STORM DRAIN - GAGE CANAL TO HARRIMAN WAY - REHABILITATION OF PAVEMENT - HOSPITALITY LANE In a memorandum dated December 20, 1988, Roger Hard- grave, City Engineer, stated that Matich Corporation has been contracted to rehabilitate the pavement on Hospi- tality Lane. The periodic flushing of two wells north and south of Hospitality Lane causes a traffic hazard and advanced deterioration of the pavement. Correction of these conditions requires the installation of a pipe from the Gage Canal discharge point to the catch basin at Harriman Place. (6) City Engineer Hardgrave answered questions regarding protection against these hazards. The contract price would increase by $24,186.50 to cover this change order. The City of Riverside and the Gage Canal Company have agreed to jointly fund one-third of the cost and Tri-City Corporation has agreed to fund one-third of the cost in return for the site-enhancement aspect of the proj ect. The City's share of the cost will be $8,062.17. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that Change Order No. One to the contract with Matich Corpora- tion for the rehabilitation of pavement on Hospitality Lane, per Plan No. 7548, be approved, authorizing the contractor to install approximately 793 feet of 12" PVC storm drain, from Gage Canal to a catch basin at Harriman Way. . 4 1/3/89 . TRAFFIC SIGNAL INSTALLATION - UNIVERSITY PARKWAY AND NORTH PARK BLVD. - NEGATIVE DECLARATION - FINDING OF CONSISTENCY WITH INTERIM POLICY DOCUMENT In a memorandum dated December 20, 1988, Roger Hard- grave, City Engineer, recommended the approval of the Negative Declaration and the Finding of Consistency with the Interim Policy Document for the installation of a traffic signal at the intersection of University Parkway and Northpark Blvd. (7) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the Negative Declaration for Public Works Project No. 88-27, installation of a traffic signal at the intersection of Northpark Boulevard and University Parkway, be adopted. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that a finding be made that the installation of a traffic signal at the intersection of Northpark Boulevard and University Parkway is consistent with the Interim Policy Document. . STREET VACATION - LUGO AVENUE, NORTH OF FOURTH STREET - AUTHORIZATION TO PROCEED In a memorandum dated December 13, 1988, Roger Hard- grave, City Engineer, stated that a request was received from the adjoining property owner, to vacate Lugo Avenue, north of Fourth Street. (8) City Engineer Hardgrave answered questions regarding the street vacation procedure and the County Credit Union development. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller 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 Lugo Avenue, north of Fourth Street, and that Plan No. 7531 be approved. READING AND WAIVING OF RESOLUTIONS Deputy City Clerk Lang read the titles of the reso- lutions on the agenda. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of the resolutions be waived. . RES. 89-1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR A POLICE COMMUNITY SER- VICE OFFICE FOR AREA C. (Cont. from 12/19/88). (Richard & Marlene Churchwell, (14) 1292 W. Mill Street, unit 106) 5 1/3/89 . Discussion ensued regarding residents of Area C concerning the Community Service Office. the feelings of the location of the Police Lieutenant Curtis of the Police Department provided information concerning contacts made of residents of Area C. Captain Harp of the Police Department reported re- garding the siting of Police Community Service Offices. CITY CLERK CLARK ARRIVED At 9:35 a.m., City Clerk Clark arrived at the Coun- cil Meeting and replaced Deputy City Clerk Lang. Pat Tyler, manager of the Foothi 11 ments, requested a stronger Neighborhood and stronger rules against loitering. Villas Watch Apart- Program Brenda Tarver, manager of the San Bernardino Village Green, 2122 W. Chestnut, expressed her opinion regarding the location of the office. Edna Hamilton, a mobile home park resident, spoke regarding the number of break-ins in the area. . Charles Blackwell, manager of Mobilehome Park, requested that officers be placed in the area assaults, and that an officer be Vernon Avenue at all times. the Mediterranean additional police to protect against on duty west of Mt. Clara Griffin, 2505 W. Foothill Blvd., requested extra patrolmen in the area. Don Burnett, Chief of Police, expressed appreciation for the community's support of the Police Community Ser- vice Offices, and described plans for future moves and marketing of the offices to inform the public of their services. Discussion ensued regarding the problems of mobile home park residents and the number of police personnel on the various shifts. Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted. . Resolution No. 89-1 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted Estrada, Miller. by the following Reilly, Flores, Noes: None. 6 1/3/89 . Council Member Minor made a motion, seconded by Council Member Miller, that the following resolutions be adopted: RES. 89-2 - A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND AMENDMENT TO LEASE AND CONSENT TO ASSIGNMENT RELATIVE TO A LEASE WITH ALBERT M. GALLO AND KATHRYN C. GALLO. (Cont. from 12/19/88) (15) RES. 89-3 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE 1988/89 TO 1992/93 CAPITAL IMPROVEMENT PROGRAM. (Cont. from 12/19/88) (16b) . RES. 89-4 - RESOLUTION OF THE C l'rY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUB- DIVISION TRACT NO. 13470, LOCATED APPROXI- MATELY 270 FEET EAST OF THE CENTERLINE OF CACTUS CIRCLE, AND NORTH SIDE OF PIEDMONT DRIVE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECU- TION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS HI SAID SUBDIVIS ION, WITH TIME FOR PERFORMANCE SPECIFIED. (17) Resolution Nos. 89-2, 89-3 and 89-4 were with the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Noes: None. Absent: None. adopted Estrada, Mi ller. CAPITAL IMPROVEMENT PROGRAM - NEGATIVE DECLARATION - CONTINUED FROM DECEMBER 19, 1988 This is the time and place continued to for consi- deration of the Capital Improvement Program for 1988/89 - 1992/93. (16a) In a memorandum dated December 20, 1988, Roger Hard- grave, City Engineer, stated that the Environmental Re- view Committee has recommended the adoption of the Nega- tive Declaration for the 1988/89 1992/93 Capital Improvement Program, Public Works Project No. 88-32. Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the Negative Declaration for the Capital Improvement Program, 1988/89 to 1992/93, Public Works Project No. 88-32, be adopted. . 7 1/3/89 . COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. Council Member Flores made a motion, Council Member Maudsley, that the following be adopted: seconded by resolutions RES. 89-5 - RESOLUTION ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT ONLY WITH RESPECT TO PART-TIME ELECTED OFFICIALS AND BOARD MEMBERS FOR THE CITY OF SAN BERNARDINO. (18) RES. 89-6 RESOLUTION OF THE CITY OF SAN BERN.l\RDINO REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO PERMIT THE COUNTY REGISTRAR OF VOTERS TO RENDER SERVICES TO THE CITY OF SAN BERNAR- DINO, RELATING TO A MUNICIPAL ELECTION TO BE HELD ON MARCH 7, 1989. (18a) Resolution Nos. 89-5 and 89-6 were following vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Miller. Absent: Council Member Estrada. adopted Reilly, Noes: by the Flores, None. . COUNCIL MEMBERS FLORES AND POPE-LUDLAM EXCUSED Council Members Flores and 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 Miller made a motion, seconded by Council Member Reilly, that further reading of said ordi- nances be waived. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the following ordinances be adopted: ORD. MC-647 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-21, GENERALLY LOCATED ON THE SOUTH SIDE OF 48TH STREET APPROXI- MATELY 230 FEET WEST OF THE CENTERLINE OF LEROY STREET), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (19) . 8 1/3/89 . ORD. MC-648 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-23, GENERALLY LOCATED ON THE NORTH SIDE OF THE PROPOSED EXTENSION OF PIEDMONT DRIVE, APPROXIMATELY 285 FEET EAST OF THE CENTERLINE OF CACTUS CIRCLE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (20) ORD. MC-649 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING SECTION 8.54.030 OF THE SAN BERNARDINO MUNICIPAL CODE RELATIVE TO EXCEPTIONS FROM THE PROHIBITION AGAINST UN- LAWFUL NOISES WITHIN THE CITY OF SAN BERNAR- DINO. (21) Ord. Nos. MC-647, MC-648 and MC-649 were adopted by the following vote: Ayes: Council Members Reilly, Maudsley, Minor, Miller. Noes: None. Absent: Council Members Estrada, Flores, Pope-Ludlam. . ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST ADDING CHAPTER 15.57 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CULTURAL DEVELOP- MENT CONSTRUCTION FEES AND REPEALING ORDI- NANCE NO. MC-542. (22) Discussion was held concerning a on the last line of Page 3, which instead of "he". typographical should read error lithe" Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that said ordinance be laid over for final passage. RECESS MEETING At 9:55 a.m., Mayor Wilcox called for a five-minute recess of the Council Meeting. RECONVENE MEETING At 10:06 a.m., Mayor wilcox called the Regular Meet- ing of the t1ayor and Common Council of the City of San Bernardino to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . 9 1/3/89 r . ROLL CALL Roll Call was taken by with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attor- ney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. PUBLIC HEARING - CREATION OF UNDERGROUND UTILITY DISTRICT NO. 19 - WATERMAN AVENUE, BETWEEN THE SANTA ANA RIVER AND NINTH STREET This is the time and place set for a public hearing concerning the creation of Underground Utility District No. 19, between the Santa Ana River and Ninth Street, for health and safety reasons. (12) Mayor Wilcox opened the hearing. Ci ty Engineer Hardgrave reported regarding the pro- cedure for creating an underground utility district. He answered questions regarding the time frame of the pro- j eeL Steve Reeman, a citizen, expressed concerns regard- ing traffic flow through the area during the underground- ing of the utilities. . Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the hearing be closed and that the creation of Underground Utility District No. 19, located generally along Waterman Avenue, between the Santa Ana River and Ninth Street, be determined necessary for the heal th, safety and wel fare of the public. PUBLIC HEARING - CONCURRENT PROCESSING OF BUILDING PERMIT AND CUP - PARKING STRUCTURE - ST. BERNARDINE MEDICAL CENTER This is the time and place set for a public hearing concerning a request from St. Bernardine Medical Center to allow the concurrent processing of a building permit and conditional use permit for a parking structure. (11) Mayor Wilcox opened the hearing. Sandy Paulsen, Senior Planner, answered questions, stating that public notification of the request will be made when actual construction is ready to begin. . Dick Capel, architect for the project, spoke in favor of the request so that the parking structure will be available when the new addition to the center is com- pleted. 10 1/3/89 . Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the hearing be closed; that the Planning and Building & Safety Departments be directed to concurrently process the application for a Conditional Use Permit and the application for a Building Permit for the construction of a parking structure at St. Bernardine's Medical Center, subject to the following two conditions: 1. City is Safety's cessing; Should the Conditional Use Permit be denied, the held harmless for fees collected for Building & plan check and for Conditional Use Permit pro- 2. No Building Permits should be environmental review, Planning Commission or the expiration of any appeal periods. issued prior to public hearing, . POLICY - APPROVAL OF BUILDING PERMITS AND CONDITIONAL USE PERMITS The current policy which provides that Building Permits are not issued until Conditional Use Permits are approved was discussed. It was pointed out that the approval of St. Bernardine Medical Center's request for the concurrent process i ng of a Bui ld i ng permi t and Con- ditional Use Permit does not change the current policy. (ll) APPEAL HEARING - PARKING PLACE COMMISSION'S DECISION - TABLING OF REQUEST TO LEASE 86 PARKING SPACES IN PARKING DISTRICT LOT #1 - YORAM S. SHILY - CONTINUED FROM DECEMBER 5, 1988 This is the time and place continued to for an appeal hearing concerning the Parking Place Commission's decision to table the request of Yoram S. Shily to lease 86 parking spaces in Parking District Lot #1. (13) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the pUblic hearing be continued to February 6, 1989. FRANCHISE ASSIGNMENT - PETROLEUM PIPELINE - SOUTHERN PACIFIC LINES, INC. - CONTINUED FROM NOVEMBER 21, 1988 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. (23) . II 1/3/89 . Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that con- sideration of the assignment of the petroleum pipeline franchise be continued to January 17, 1989. PRIMARY ELECTION OF MARCH, 1989 - VOTER PAMPHLETS - REQUEST TO INCLUDE "COMMUNICATOR" MENU IN ENGLISH AND SP~NISH - SAN BERNARDINO COMMUNITY AGAINST DRUGS, INC. In a memorandum dated December 22, 1988, Shauna Clark, City Clerk, stated that a request has been re- ceived from San Bernardino Community Against Drugs, Inc. to have a menu of the "Communicator", a computerized telephone system with 130 taped messages on subjects dealing with drugs and alcohol, printed inside the voter pamphlets for the March, 1989, election. (25) By granting this request, reach 69,000 registered voters, $1800. this information would at a cost to the City of City Clerk Clark answered questions manner in which the material would appear pamphlets. regarding the in the voter . Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the City Clerk be instructed to include the Communicator menu in English and Spanish in the voter pamphlets. I-10 FREEWAY - SUPPORT OF RECLASSIFICATION - LANDSCAPE CORRIDOR In a memorandum dated December 22, 1988, Mayor wilcox stated that a request has been received from Senator Ayala to send a resolution supporting the reclassification of the I-10 Freeway between Etiwanda Avenue in Fontana to Ford Street in Redlands to the status of "landscape corridor". (26) The reclassification would County and adjacent cities being mutually agreeable plan to beautify resul t in the asked to draw the freeway. Sta te, up a Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the City Attorney be directed to prepare a resolution for the Council Meeting of January 17, 1989, in support of re- classifying the I-10 Freeway from Etiwanda Avenue, Fon- tana, to Ford Street, Redlands, to a "Landscape Corridor" and that the City meet with Cal Trans representatives to formulate a mutually agreeable plan. . 12 1/3/89 . RECESS MEETING - CLOSED SESSION At 10: 30 a.m., Council Member Minor made a motion, seconded by Council Member Estrada and unanimously car- ried, that the Common Council recess to Closed Session to discuss pending litigation under the following Government Code Sections: (29, 30 & 31) Section 54956.9 (b) (1) exposure to litigation; as there is significant Section 54956.9(c) - so that the Council may decide whether to initiate litigation; Section 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; 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; City of Club, Inc. 239193; San Bernardino vs. San Bernardino Baseball San Bernardino Superior Court Case No. Stubblefield Construction San Bernardino, et al San Case No. 232998; Company, et al vs. City of Bernard ino Super ior Court Juan Manuel Sanchez vs. City of S an Bernardi no 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) ; Lines vs. City of San Bernardino - San Bernard ino Superior Court Case No. 221289; Barron/Alcarez vs. City of San Bernardino San Bernardino Superior Court Case No. 241692; . 13 1/3/89 . John V. Grinrod vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 241586; Interinsurance Exchange vs. City of San Bernardino - San Bernardino Municipal Court Case No. 108961. CLOSED SESSION At 10: 30 a.m., Mayor Wilcox called the sion to order in the Conference Room of Chambers in City Hall, 300 North "D" Street, dino, California. Closed Ses- the Counc i 1 San Bernar- ROLL CI'.LL Roll Call was taken with the following being pre- sent: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attor- ney Penman, Acting City Administrator Robbins. Absent: City Clerk Clark. Also present were: Senior Assistant City Attorney Barlow, Assistant City Attorney Brue, Deputy City Attor- neys Empeno, Roth, Wilson and Dewey. . ADJOURN CLOSED SESSION At 10: 55 a.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council. RECONVENE MEETING At 10:55 a.m., Mayor wilcox called the Regular Meet- ing of the Mayor and Common Council of the City of San Bernardino 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, Miller; City Attor- ney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. RECESS MEETING At 10:55 a.m., Council Member seconded by Council Member Flores ried, that the meeting recess until Reilly made a motion, and unanimously car- 11:00 a.m. RECONVENE MEETING At 11:05 a.m., Mayor Pro Tempore Maudsley called the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . 14 1/3/89 . ROLL CALL Roll Call was taken wi th the following being pre- sent: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Clark, Exe- cutive Director of the Redevelopment Agency Dukett. Ab- sent: City Attorney Penman, Acting City Administrator Robbins. 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. ENTERPRISE ZONE DESIGNATION - APPLICATION In a memorandum dated December 29, 1988, Dukett, Executive Director of the Redevelopment requested authorization to prepare and submit a Enterprise Zone Application. Steven Agency, Federal (RS-l) . Steven Dukett, Executive Director of the Redevelop- ment Agency, explained the application process, and read the titles of three resolutions required in this pro- cedure. The actual documents were not available. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the Community Development Commission staff be authorized to prepare and finalize the appropriate documentation re- quired for submittal of a Federal Enterprise Zone Appli- cation; that the Mayor be authorized to execute said application; that further reading of the resolutions be waived and that the following resolutions be adopted: RES. 89-7 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE COURSE OF ACTION AS A PART OF AN APPLICATION FOR DESIGN~TING THE PROPOSED SAN BERNARDI NO EMPLOYMENT AND ECO- NOMIC ENTERPRISE ZONE AREA AS A FEDERAL ENTERPRISE ZONE. (RS-l) RES. 89-8 RESOLUTION OF THE CITY OF SAN BERN~RDINO APPROVING A MEMOR~NDUM OF UNDER- STANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE STATE OF CALIFORNIA DEPARTMENT OF COMMERCE FOR THE CITY OF SAN BERNARDINO EMPLOYMENT AND ECONOMIC ENTERPRISE ZONE AREA. (RS-l) . 15 1/3/89 . RES. 89-9 RESOLUTION OF THE CITY OF SAN BERNARDINO DESIGNATING THE PROPOSED CITY OF SAN BERNARDINO EMPLOYMENT AND ECONOMIC ENTER- PRISE ZONE AREA AS DISTRESSED. (RS-l) Resolution Nos. 89-7, 89-8 and 89-9 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. RECESS MEETING - CLOSED SESSION At 11:25 a.m., Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously car- ried, that the meeting recess to Closed Session pursuant to Government Code Section 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: (31) Barron/Alcarez vs. City of San Bernardino San Bernardino Superior Court Case No. 241692. . CLOSED SESSION At 11:25 a.m., Mayor Wilcox called the sion to order in the Conference Room of Chambers, City Hall, 300 North "D" Street, dino, California. Closed Ses- the Council San Bernar- ROLL CALL Roll Call was taken with the following being pre- sent: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attor- ney Penman, Acting City Administrator Robbins. Absent: City Clerk Clark. ADJOURN CLOSED SESSION At 11: 35 a.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 11: 35 a.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 taken with the following being pre- sent: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Admini- strator Robbins. Absent: None. . 16 1/3/89 r . RECESS MEETING At 11:35 a.m., Council Member Miller made a motion, seconded by Council Member Flores and unanimously car- ried, that the meeting recess until Noon, for the luncheon workshop in the Redevelopment Agency Board Room to review the preliminary draft of the General Plan Land Use Map. RECONVENE MEETING At 12:22 p.m., Mayor Wilcox called the Regular Meeting of the Mayor and Common Council to order in the Redevelopment Agency Board Room in City Hall, 300 North "D" Street, San Bernardino, California. ROLL CZ\LL Roll Call was taken with the following being pre- sent: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attor- ney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. . Also present were the following: Steve Dukett, Executive Director of the Redevelopment Agency; Ezell James, Citizens Advisory Specialist, Redevelopment Agency; John Hoeger, Development Spec i al i st, Redevelop- ment Agency; Lorraine Velarde, Manager, Redevelopment Agency; Katharine Peake, Executive Secretary, Redevelop- ment Agency; Jim Richardson, Deputy City Administrator; Brad Kilger, Planning Director; Richard Bennecke, Execu- tive Assistant to the Mayor; Phil Arvizo, Executive Assistant to the Council; Vince Bautista, Principal Planner; Valerie Ross, Associate Planner; Henry Empeno, Jr., Deputy City Attorney; Roy Nierman, Chairman of the Planning Commission; Alex Sharp, Bob Stone, Cheryl Brown, Planning Commissioners; patricia Green, John Traver, Evelyn Alexander, Ci t i zens Adv i sory Commi ttee; Ann Har- ris, Main Street, Inc.; Steve Harding, SGH Consultants; Patrick McGreevy, reporter for "The Sun". GENERAL PLAN - LUNCHEON WORKSHOP - REVIEW OF PRELIMINARY DRAFT This is the time and place set for a luncheon work- shop to review the preliminary draft of the General Plan. (24) Vince Bautista, Principal Planner, spoke regarding the land use map, which needs to have CEQA approval. . 17 1/3/89 1- . He spoke regarding changes that need to be made to the Interim Policy Document, using the example that the Commercial Health Care zone is redundant. He also stated changes that would appear on the new maps. Vince Bautista, Principal Planner, and Valerie Ross, Associate Planner, answered questions. Steve Dukett, Execut i ve Di rector of the Redevelop- ment Agency, spoke regarding his philosophy on reconcil- ing Redevelopment Project Plans and the General Plan, and the importance of having the Redevelopment Project Plan broad enough to coincide with the General Plan. He answered questions regarding the Redevelopment Agency's participation in the General Plan process. John Traver, Chairman of the Citizens Advisory Com- mittee, spoke regarding this committee receiving input from the Redevelopment Agency during the General Plan process. . John Hoeger, Development Specialist for the Rede- velopment Agency, who was present during most of the Citizens Advisory Committee meetings, stated that if the General Plan is adopted the way it has been presented, there will be bad inconsistencies between the Redevelop- ment Plan and the General Plan. He gave examples of these inconsistencies. The inconsistencies will be more apparent in the older Redevelopment Project Plans that were more specific on zoning issues. The newer plans refer to "urban issues" instead of specific designated land uses. Vince Bautista, Principal Planner, answered ques- tions regarding the notification to property owners on the land use map, and the time frames for Planning Com- mission and Council meetings. I twas will be held and tha t the agreed January Council that a Planning Commission meeting 18 and 19, 1989, to discuss the map, will meet on January 23, 1989. Principal Planner Bautista explained that the Plan- ning Department has hired a Publ ic Input Coordinator to get the word out to key co~mittee groups who can help the Planning Department spread the word on upcoming meetings. The Mt. Vernon Corridor was discussed as it relates to the Redevelopment Project Plan and the General Plan. . 18 1/3/89 r--. . Roy Nierman, Chairman of the Planning Commission, spoke regarding the need to send notice and give everyone an opportunity to talk about the new General Plan. He stated that it is necessary to set aside whatever time it takes to give everyone a chance to be heard. Brad Kilger, Planning Director, stated that he agrees that the land use map is the most critical aspect of the General Plan and the one that should have the most opportunity for public input. He spoke regarding the importance of notification to the public of this part of the process, stating that there are 60,000 to 70,000 properties. The Mayor and Common Council discussed the issue of havi ng the map as a document that makes it clear as to what development can take place as opposed to having pages of development standards to research for exemptions for various properties. Principal Planner Bautista stated that by State law, the documents must be consistent. It wa s there will ordinance. pointed out that under the new General Plan, be a development code instead of a zoning . ADJOURN MEETING At 1: 30 p.m., after further discussion on notifying the public of the process, Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the luncheon workshop adjourn to the Regu- lar Meeting of the Mayor and Common Council of the Ci ty of San Bernardi no in the Counci 1 Chambers of Ci ty Hall, 300 North "D" Street, San Bernardino, California, at 2:00 p,.m. RECONVENE MEETING At 2:07 p.m., Mayor Pro Tempore Maudsley called the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to order in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. ROLL CALL Roll Call was taken with the following being pre- sent: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City At- torney Penman, City Clerk Clark, Acting City Admini- strator Robbins. Absent: None. . 19 1/3/89 . GENERAL PLAN - REVIEW AND FINAL ACTION - FUNDAMENTAL L~ND USE ISSUE POLICY ST~TEMENTS DOCUMENT In a memorandum dated December 22, 1988, Michael Loehr, Interim Planning Director, provided the General Plan Fundamental Land Use Issue Policy Statements Docu- ment prepared by Envicom Corporation. This document incorporated changes directed by the Mayor and Common Council at their meeting of December 16, 1988. (27) vince Bautista, Principal Planner, answered ques- tions, stating that review by the General Plan Citizens Advisory Committee and the Planning Commission as re- quested by the Mayor and Common Council of Items 10 and 25 regarding the Mt. Vernon Corridor, and of Items 11 and 29 regarding the "E" Street Corridor, has not yet been completed. He further stated that the blanks on Pages 2 and 3, Item 2, regarding the recommended amount of development, will be filled in after input is received from the General Plan Citizens Advisory Committee and the Planning Commission. . Mr. Bautista answered questions regarding ability of the present recommendations to be altered later date if they are found to be inappropriate. the at a Discussion ensued regarding Item 2lc, the functional role of the Norton Air Force Base area. City Attorney Penman stated he would come back later in the meeting with an answer to questions regarding the relevancy of a discussion at this time of a resolution of opposi tion to the possible closure of Norton Air Force Base and the establishment of a committee of represen- tatives selected by the Mayor and Common Council to re- view its effect on the City. Counci 1 Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the General Plan Fundamental Land Use Issue Policy Statements Document be adopted wi th the except ion of Items 2, 10, 11, 25 and 29, which will be brought back January 23, 1989, and Item 21, which will be considered later in the meeting. (See Page 24 ) (The meeting of January 23, 1989, was not held. This matter was discussed on January 30, 1989.) . 20 1/3/89 . RECESS MEETING At 2: 25 p.m., Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that the meeting recess until 4:00 p.m. RECONVENE MEETING At 4:10 p.m., Mayor Wilcox called the Regular Meet- i ng of the Mayor and Common Counc i 1 of the Ci ty of San Bernardino 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, Miller; City Attor- ney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. APPEAL HEARING - POLICE COMMISSION'S DECISION _ DENIAL OF BUSINESS PERMIT - ORANGE GROVE MOTEL - 1686 MT. VERNON AVENUE - HITESH PATEL This is the time and place set for an appeal hearing concerning the Pol ice Commission's denial of a business permit for the Orange Grove Motel, 1686 Mt. Vernon Ave- nue, as requested by Hitesh Patel. (28) . In a memorandum dated December 8, 1988, City Clerk Clark provided a copy of the appeal letter from Attorney Andrew Haynal on behalf of Hitesh Patel and the Findings of Fact and Conclusions of Law from the Police Commis- sion. Mayor wilcox opened the hearing. James Penman, City Attorney, explained that this is the first time an appeal concerning the denial of a bus iness permi t has been before the Mayor and Common Council. The ordinance enacting business permits has been in effect for approximately two years. The burden is on the appellant to prove that there was arbitrary and capricious conduct on the part of the Police Commission. The Police Commission and Assistant City Attorney Brue, who represents the Police Commission on this case, have agreed to submi t the minutes of the Pol ice Commis- sion hearing for review and for the Council to come back for a second meeting after reading the minutes. This process is not a rehearing. . 21 1/3/89 I . Andrew Haynal, attorney representing the appellant, agreed that the minutes of the Police Commission are quite extensive and include all the relevant information. The Police Commission meeting lasted for 3 1/2 hours and the minutes are a summary of the hearing. City Attorney Penman stated that since the appellant has agreed to use the minutes, he recommends that the hearing be conducted to allow the Mayor and Common Coun- cil to read the Police Commission minutes. Attorneys Haynal and Brue stated for the record that they have read the minutes and agreed to stipulate to hOlding a hearing as described by the City Attorney. City Attorney Penman recommended against calling additional witnesses. Assistant City Attorney Brue referred to Fact and Conclusions of Law adopted by the mission and distributed them to the Mayor Council. Findings of Pol ice Com- and Common . Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the hearing be continued to January 17, 1989, at 4:00 p.m. (This item was later reconsidered and the continuance was resc i nded. See Page 23 ) RECESS MEETING - CLOSED SESSION At 4:23 p.m., Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the Common Council recess to Closed Session to confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9 (b) (1), as there is significant exposure to litigation. (29) CLOSED SESSION At 4:23 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken wi th the following being pre- sent: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attor- ney Penman, Acting City Administrator Robbins. Absent: City Clerk Clark. . 22 1/3/89 . ADJOURN CLOSED SESSION At 4: 35 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 4: 35 p.m., Mayor wilcox called the Regular Meet- ing to order in the Council Chambers, 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; City Attor- ney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. . RECONSIDERATION OF ITEM 28 - APPEAL HEARING - POLICE COMMISSION DENIAL OF BUSINESS PERMIT - ORANGE GROVE MOTEL - 1686 MT. VERNON - HITESH PATEL Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that Item 28 on the Agenda concerning an appeal hearing requested by Hitesh Patel regarding the Police Commission's deci- sion of denial of a business permit for the Orange Grove Motel, located at 1686 Mt. Vernon, be reconsidered. (See Page 22) (28) Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the continuance of the appeal hearing be rescinded. Assistant City Attorney Brue stated that Attorney Haynal and she have agreed that there are additional items that need to be submitted to the Council. One is the original agreement entered into by the appellant and the Police Department. The second is exhibits presented to the Police Commission at their hearing. Mr. Haynal has stipulated that these could be submitted to the Mayor and Council for consideration. Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the matter be continued to January 17, 1989. . 23 1/3/89 I . CLOSURE OF NORTON AIR FORCE BASE - GENERAL PLAN - REVIEW AND FINAL ACTION - FUNDAMENTAL LAND USE ISSUE POLICY STATEMENTS DOCUMENT - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to from earlier in the meeting to discuss Item 21 of the Fundamental Land Use Issue Policy Statements Document regarding Norton Air Force Base. (See Page 20) (27) Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the Mayor and Common Council discuss the closure of Nor- ton Air Force Base as an emergency item, based upon the fact that the issue arose after the posting of the Coun- cil Agenda for this meeting. RES. 89-10 - RESOLUTION OF THE CITY OF SAN BERNARDINO OPPOSING THE CLOSURE OF NORTON AIR FORCE BASE AND ENCOURAGING THE CITIZENS OF THE CITY OF SAN BERNARDINO TO CONTACT THEIR ELECTED OFFICIALS IN WASHINGTON, D.C., AND EXPRESS THEIR CONCERN AND OPPOSITION TO THE CLOSURE OF NORTON AIR FORCE BASE. (27) City Clerk Clark read the title of the resolution. . Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that further reading of the resolution be waived. Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that the resolution be amended by omitting the words "such as West Germany and Japan" and that said resolution be adopted as amended. Resolution No. 89-10 was vote: Ayes: Council Members Maudsley, Minor, Pope-Ludlam, Absent: None. adopted Estrada, Mi ller. by the following Reilly, Flores, Noes: None. CLOSURE OF NORTON AIR FORCE BASE - OF COMMITTEE Discussion ensued regarding commi ttee to deal wi th land use Norton Air Force Base closes. FORMATION the membership of a planning in the event (27) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that Council Member Estrada be the Council's representative on commi ttees referred to by the Mayor for the closure of Norton Air Force Base. . 24 1/3/89 . Mayor wilcox answered questions regarding her role in looking at the Norton Air Force Base closure. The Mayor and Common Council agreed upon the import- ance of coopera ti ng wi th one another in the event that Norton closes. Helen Kopczynski, 8150 Cable Canyon Road, expressed concerns regarding the membership of committees on Norton Air Force Base and who should take a leadership role on the issue. Council Member Miller made a motion, seconded by Council Member Minor and unanimously carried, that a committee be formed, chaired by Council Member Estrada with Council Members Minor and Reilly as members, to look at the future uses of Norton Air Force Base to dissemi- nate information to the other members of the Council and keep them informed of the progress of negotiations, and that the Mayor be allowed to be a part of the committee. . The Mayor and Common Council discussed the Mayor's role on this committee and it was never clearly defined as to whether or not she would have voting rights. Discussion ensued regarding Agenda Item 21, General Plan and the General Plan element related to Norton Air Force Base. Counci 1 Member Pope-Ludlam made a mot ion, seconded by Council Member Maudsley and unanimously carried, that discussion of this item be continued to January 23, 1989. ADJOURN MEETING At 5: 29 p.m., Council Member Minor made a motion, seconded by Council Member Reilly and unanimously car- ried, that the meeting be adjourned to 6:00 p.m., Thurs- day, January 12, 1989, at the Mediterranean Restaurant, 1300 E. Highland Avenue, San Bernardino, California. vd///$d, ~h City Clerk/--/, No. of Items: 39 No. of Hours: 7 . 25 1/3/89