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HomeMy WebLinkAbout03-13-1989 Minutes . . . 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) 1 3/13/89 . . . 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) 2 3/13/89 . . . 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. 3 3/13/89 . . . 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 4 3/13/89 . . . 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 5 3/13/89 . . . 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) 6 3/13/89 . 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) . 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) . 7 3/13/89 . 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 . 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. . 8 vote: Ayes: Council Miller. Noes: None. Council Member Pope- 3/13/89 . . . 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 9 3/13/89 r---------- . . . 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) 10 3/13/89 . . . 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) 11 3/13/89 . 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 ) . 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) 12 3/13/89 . . . 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. 13 3/13/89 . . . 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 . . . 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 . . . 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 3/13/89 . . . 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 17 3/13/89 . . . 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 . . . 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 . . . 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. 28 3/13/89 . . . 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 29 3/13/89 . . . 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); 30 3/13/89 . . . 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 31 3/13/89