Loading...
HomeMy WebLinkAbout10-24-1988 Minutes . City of San Bernardino, California October 24, 1988 This is the time and place set for an Adjourned Regu- lar Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held on Monday, October 17, 1988, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, Cali- fornia, and adjourned to 9:00 a.m., Monday, October 24, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California, as all members were absent therefrom. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held Monday, October 17, 1988, at 9:00 a.m., and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said Notice which was posted at 9:00 a.m., Monday, October 17, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . The Adjourned 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, October 24, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by Shelby Roberts, Assistant Pastor, Grace Temple Missionary Baptist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Estrada. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam; Sr. Assistant City Attorney Barlow; City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Miller. . PUBLIC COMMENTS - DOUG HEFFNER - LAND USE DESIGNA- TION - 272 S. PICO - COUNCIL MINUTES OF MAY 18, 1988 Doug Heffner of Canoga Park, stated that he had recently purchased property at 272 S. Pico for development purposes. He explained that when he had checked the zon- ing map, it was zoned differently than when he had pur- chased the property. (A) 1 10/24/88 . Sr. Assistant City Attorney Barlow stated that this matter is covered by Item *2 on the consent calendar and should be discussed at that time. Mr. Heffner continued with his explanation of a mis- understanding that had occurred regarding the minutes of the Council Meeting held on May 18, 1988, concerning the zoning of his property. He stated that he had talked to Council Member Flores regarding this matter and was told that no environmental impact survey had been done, and that the zoning had been designated as a result of aerial photographs and parcel maps. Mr. Heffner stated he wants the Light Industrial zoning for his property as set forth in the printed minutes, rather than RS that is on the parcel map in the Planning Department. He stated that he had checked out tapes from the City Clerk's Office and there were erasures in stategic parts of the tapes. City Clerk clarified the previous statement by stat- ing that the tapes were never in the City Clerk's Office, but had been checked out of the Council Office. Mr. Heffner distributed copies of documents relating to his presentation. . Mr. Heffner stated that most of the property owners and renters in the affected area prefer the zoning IL as the Council Minutes state. He described the boundaries of the property in question as being Rialto Avenue on the north, Muscott on the west, Walnut on the south, and the Flood Control Channel on the east. (See Item 2, page 10 for further action.) PUBLIC COMMENTS - THE SWORD A citizen, identifying himself as Roger, also known as the Sword, Commander-in-Chief of the House of Ying during the battle of Armegeddon, stated his true identify is that of the Anti-Christ. (A) PUBLIC COMMENTS - ROY CALVIN TAYLER - ZONING Roy Calvin Tayler, 1570 W. Walnut, stated he owns several lots on Walnut, two of which go through to San Marcos. He stated he would like to have them grand- fathered back to Residential District, which was the zon- ing designation when he purchased the property. (A) . Mayor Wilcox stated that later in the meeting a dis- cussion will be held concerning the procedures by which amendments can be made to the Interim Policy Document. (See Item 22, page 27 ) 2 10/24/88 . PUBLIC COMMENTS - GAIL ANN NUNEZ - STOP SIGNS AT BELLEVIEW AND "J" STREETS Gail Ann Nunez, 1030 Belleview Street, presented a petition signed by residents of the area of Belleview and "J" Streets, requesting the installation of a four-way stop sign at that intersection. She spoke of a recent accident at that corner that seriously injured two young boys, and stated it is an unsafe intersection because of vehicles speeding through. She stated the residents had requested action by the City several times, but the City had rejected the request, as there was not enough traffic flow to warrant the stop signs. (Al Mayor wilcox directed that Acting City Administrator Robbins and Director of Public Works/City Engineer Hard- grave put this matter on the Mayor's Traffic Safety Com- mittee agenda, and that Ms. Nunez be notified of the date of the meeting. Bill Nilsson, 1735 Meyers Court, was his duty to speak, as he was trying problem in his area, as he had cared dren. stated he felt it to avoid a similar for retarded chil- . PUBLIC COMMENTS - COUNCIL MEMBER POPE-LUDLAM - DRUG AND CRIME PROBLEMS Council Member Pope-Ludlam spoke of her concern over mounting crime problems in her ward. She stated there is increased drug dealing and new drug houses in her block, and frequent shoot-outs. She reported that at a recent dance, rifles were being taken into the building. Police were called and responded with many officers being sent to the area. (Al Council Member Pope-Ludlam told of attempted rape and murder, a residence being burglarized of every movable item, and constant violence. Council Member Pope-Ludlam stated she had called the Police station on a weekend and had asked for the Watch Commander, and a patrolman answered. It appeared that all higher ranking officers are off-duty on weekends. She felt that superior or supervising officers should be available on weekends. Mayor wilcox suggested a workshop to discuss the commitment of dollars and manpower to fight the problems of gangs and drugs and find a solution. . 3 10/24/88 r . Ralph Hernandez, a San Bernardino resident, agreed with Council Member Pope-Ludlam regarding the seriousness of the crime problems. He stated he has heard frequent shooting. He complained that the Police Department has guaranteed prompt action in other areas of the City, but has not guaranteed the same for areas in the West Side. It was pointed out that the Police Ad Hoc Committee had discussed some of these issues and it was recommended that a close watch be kept on gang activity. It was also suggested that the legal staff be asked if it were pos- sible to enact legislation that would provide stiffer penalties, such as heavy fines that would hurt their econ- omic interests, for anyone picked up for any drug related crime. Any such legislation would not supercede State or Federal laws. It was suggested that the workshop include the Mayor and Common Council, members of the Police Department, and other law enforcement agencies. It was also recommended that the workshop be held as a special called Council meeting, rather than a luncheon, to allow adequate time to carefully consider the issue. . It was the general consensus of the Council that the Mayor proceed with plans for the workshop. Several Council Members spoke of excellent response from many Police officers and their dedicated service in dealing with crime in their wards. It was stated that the officers have worked weekends and whenever they were needed. PROCLAMATION - RED RIBBON WEEK - DRUG AWARENESS ACTIVITIES - OCTOBER 23 - 30, 1988 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation on behalf of the Mayor and Common Council, proclaiming the week of October 23 - 30, 1988, as Red Ribbon Week in the City of San Bernardino, and en- couraging all citizens to wear and display a red ribbon and participate in Drug Awareness activities. (B) Jeri Simpson, President of San Bernardino Community Against Drugs, was present to accept the proclamation. She introduced Al Twine, County Drug Administrator, Charlene Daniels, Alcohol Administrataor, Glinda Bullock and Stan Brown, Drug and Alcohol Coordinators, and Dan Gleason, Drug Coordinator from the County. . 4 10/24/88 I. f . RESOLUTION - COMMENDING DENICE BRUE - WOMAN OF THE YEAR - BUSINESS & PROFESSIONAL WOMEN Richard Bennecke, Executive Assistant to the Mayor, read a resolution of the Mayor and Common Council highly commending Denice Brue, Assistant City Attorney, on her selection as Woman of the Year by the Business and Profes- sional Women's Organization of the Inland Empire for 1988. (B) Assistant City Attorney Brue was present to accept the resolution. pins PRESENTATION - SERVICE PIN AWARDS Mayor wilcox presented several employees with for their years of service with the City. service (B) COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. APPROVE MINUTES - SEPTEMBER 14, 1988 Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on September 14, 1988, be approved as submitted in typewritten form. (la) . APPROVE MINUTES - OCTOBER 3, 1988 Council Member Flores made a motion, seconded by Council Member Minor, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on October 3, 1988, be approved as submitted in typewritten form. (lb) The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley. Noes: None. Absent: Council Members Pope-Ludlam, Miller. Abstain: Council Member Minor. SET HEARING - REMOVAL OF ENCROACHMENTS (FENCES) - MEYERS ROAD AND MEYERS COURT In a memorandum dated October 14, 1988, James C. Richardson, Deputy City Administrator, requested that a public hearing be held regarding encroachments into right- of-way, Tract No. 11118, also known as Ridge Creek Estates. Attached to the memorandum were copies of letters from various citizens and copies of letters from Assistant City Engineer Klatt, and Attorney Andrew J. Gunn. (3) . 5 H1/24/88 , . Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that a hear- ing be set for November 7, 1988, at 10: 1313 a.m., in the Council Chambers of City Hall, 31313 North "0" Street, San Bernardino, California, to reconsider an order to remove all encroachments into the public right-of-way in tract No. 11118, also known as Ridge Creek Estates. SET HEARING - INCREASED COPY CHARGES - RESEARCH FEES Pursuant to a memorandum dated October 3, 1988, from Fred Wilson, Assistant to the City Administrator, Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that a public hearing be set for November 7, 1988, at 113: 1313 a.m., in the Council Chambers of City Hall, 31313 North "0" Street, San Bernar- dino, California, for discussion relative to increasing copy charges and instituting a City-wide research fee. (4) . SET HEARING - SEWER CONNECTION FEE - SINGLE FAMILY RESIDENCE - 11341 HILL DRIVE - NORM HELBLEY In a letter dated October 12, 1988, Norm Helbley, 2132313 Pueblo Ct., Riverside, CA, gave the background for his request for Sewer Connection Waiver 88-4 for a pro- posed single family residence at 11341 Hill Dr. Also in- cluded were various documents which explained previous actions regarding this issue. (5) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that a pub- lic hearing be set for November 7, 1988, at 2:1313 p.m., in the Council Chambers of City Hall, 31313 North "0" Street, San Bernardino, California, to appeal a sewer waiver at 11341 Hill Dr. SECOND WARD PARK EXTENSION FUNDS - AUTHORIZE EXPENDITURE - PURCHASE OF PIANO FOR PERRIS HILL PARK SENIOR CITIZENS CENTER In a memorandum dated October 3, 1988, Annie F. Ramos, Director of Parks, Recreation & Community Services Department, explained that the senior citizens center at Perris Hill Park is expected to open in approximately four months. A piano is highly desirable to provide many types of entertainment. (6) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the expenditure of $2,634 from the Second Ward Park Extension Funds be approved for the purchase of a piano for Perris Hill Park Senior Citizens Center. . 6 113/24/88 r . NAME CHANGE - HILLCREST PARK TO MELISSA AND BRADLEY NEWBERRY MEMORIAL PARK In a memorandum dated October 10, 1988, Annie Ramos, Director of Parks, Recreation & Community Services, ex- plained that at the September meeting of the Park and Recreation Commission, a petition with approximately 277 signatures was presented in support of changing the name of Hillcrest Park to "Melissa and Bradley Newberry Mem- orial Park" in memory of two neighborhood children who died recently in an automobile accident. (7) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the name of Hillcrest Park be officially changed to "Melissa and Bradley Newberry Memorial Park". . CRUISING ENFORCEMENT ON MT. VERNON AVENUE _ AUTHORIZE CONTINUANCE FOR AN ADDITIONAL 180 DAYS In a memorandum dated October 3, 1988, Police Chief Burnett stated that the Mayor and Council had authorized $36,000 for a 90-day anti-cruising program which was scheduled to end on October 9, 1988. Although the prob- lems created by the Mt. Vernon cruisers have been dramati- cally curtailed, additional time is necessary to complete the operation. Chief Burnett stated that the Department's recommendation is to continue with the current enforcement tactics for the next six months, using the necessary funds from the unused portion of the original allocation. (8 ) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the balance of $21,630 approved for funding the anti-cruising program for 90 days be carried over to extend the effort for an additional 180 days. PERRIS HILL AND BLAIR PARKS - CONSTRUCTION OF HANDICAP ACCESSIBILITY - REDLANDS PAVING - APPROVAL AND ACCEPTANCE In a memorandum dated October 12, 1988, Roger Hard- grave, Director of Public Works/City Engineer, stated that the construction of handicap accessibility for Perris Hill and Blair Park by Redlands Paving had been satisfactorily completed as of September 29, 1988. The actual final contract price is $39,862.58. (9) . Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the work performed by the contractor for construction of handicap accessibility for perris Hill and Blair Park, per Plan No. 7226, be approved; and that final payment be authorized at the expiration of the lien period. 7 10/24/88 1- I' . PROPOSED VACATION - FRONTAGE ROAD SOUTH OF HIGHLAND AVENUE, EAST OF ELMWOOD ROAD - AUTHORIZATION TO PROCEED AND PLAN APPROVAL In a memorandum dated October 10, 1988, Roger Hard- grave, Director of Public Works/City Engineer, explained that a request had been received by his office to vacate the frontage road south of Highland Avenue, east of Elm- wood Road. The request came from two property owners who adjoin the area and represent 66% of those property owners adjoining the street. The petitioners have deposited the required $200. The remaining $200 will be due after the investigative proceedings. (10) Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the proposed vacation of the frontage road south of Highland Avenue, east of Elmwood Road; and that Plan No. 7604, showing the proposed vaca- tion of the frontage road south of Highland Avenue, east of Elmwood Road, be approved. . WAYS AND MEANS COMMITTEE MEETING REPORT - OCTOBER 10, 1988 - CHAIRMAN, COUNCIL MEMBER ESTRADA The following items were on the agenda of the Ways and Means Committee meeting held on October 10, 1988: (12) 1. Visitors/Convention Bureau - The Ways and Means Committee accepted the report from the VCB Committee and recommended approval of the plan, and with the consen- sus and support of those present, is recom- mending the following individuals to the Visitors and Convention Bureau Board: Dave Porter - Cal State San Bernardino Ann Harris - Main street Pat Caffrey - Quality Inn Terri O'Connor - Orange Show Laurie Aldern - Maruko Hotel Alfredo Gonzales - KCAL & Hispanic Chamber of Commerce Bob Spivacke - Central City Mall Jim Richardson - City of San Bernardino Bureau Director - To be selected Mr. Richardson, after approval of the plan by the full Council, will arrange a board meeting for the selection of officers. The . 8 10/24/88 . . . t Board will provide the articles of incor- poration, by-laws and specific implementa- tion plan (dates, methods, etc.) to the Ways and Means Committee at their November 28, 1988, meeting. The Committee asked Mr. Dabritz to please advise all the Chamber organizations, such as The Thursday Morning Group, of the recommendations made by the Comm it tee. 2. YWCA Draft Agreement - Item continued., The Committee was not ready to recommend sale of the building to the YWCA. The City Attorney advised the Committee that if the City requested "right of first refusal" in the sale agreement, the Courts could inter- pret the language to be too restrictive. A "restraint and alienation" problem would mean the City would lose their position and the By" could sell to whomever. If the City were to use a clause that the By" could only sell to someone for the "instruction and betterment of youth" it would leave the door open to any kind of organization and the City would have no control. After considerable discussion regarding the insurance issue if a lease was the avenue to be pursued, the committee requested the City Attorney to work with YWCA representatives on a lease draft agreement. This item will be re-presented on October 31, 1988. 3. Request to Reduce Purchase Price of Kellogg Library - Elijah Singletary - Item continued. The Committee recommended that the resolution before the Council on Octo- ber 24, 1988, be changed by interlineation to indicate a 60-day extension rather than a 30-day extension. This will give the City Attorney time to prepare their report. 4. Parking District Funding Report - The Committee approved the proposal regarding the parking district survey (attached). The survey will be coordinated through the Parking Place Commission prior to returning to the Ways and Means Committee. 9 10/24/88 I .. . 5. Admissions Tax - Item continued to November 14, 1988. The Committee requested staff to research the legality of an enter- tainment tax versus an admissions tax. There was concern that some entertainment functions which served the same role as theaters would not be taxed. Staff will review pre and post fiscal status of busi- nesses taxed, how they are identified and what role non-profits play in the process. 6. Storm Drain Fees - The Committee was concerned that because fees have increased from $70,200 to $140,400 since the district was formed and only $70,200 was to be col- lected for storm drain fees, the City of San Bernardino might not be legal in using the excess $70,200 without applying it to the District. The Committee recommended that the total amount be applied to storm drain fees and asked that Colton bond coun- sel and our attorney provide the legal position of each entity - Colton, San Ber- nardino and Forecast Corporation in this joint venture. . Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the minutes of the Ways and Means Committee meeting held Octo- ber 10, 1988, be received and filed. CLAIMS AND PAYROLL Pursuant to a memorandum dated October 3, 1988, from Andrew Green, Director of Finance, Council Member Flores made a motion, seconded by Council Member Minor and unani- mously carried, that the claims and payrolls, and the authorization of the issuance of warrants listed by the Director of Finance, be approved. (13) COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. COUNCIL MINUTES - MAY 18, 1988 - AMENDMENT ON PAGE 17, LINE 41 - REGARDING IL LAND USE DESIGNATION 272 S. PICO (See Page 1) During the Public Comments portion of the meeting, Doug Heffner, owner of property located at 272 S. Pico, stated there was a misunderstanding in the Council minutes of May 18, 1988, regarding the intent of the Council on . 10 10/24/88 I ~f . the land use designation of his property. The written minutes reflected a different zone designation than indi- cated on a map in the Planning Department. The portion of the master tape regarding that matter had been erased, and there was no other source to check Council discussion at said meeting. (2) Sr. Assistant City Attorney Barlow suggested that a public hearing be set to discuss this issue, and the property owners be properly notified. The issue is raised because of the difference in opinion of what actually occurred at the meeting of May 18, 1988, with no means to check the facts. The master tape had been loaned to the Planning Department, and was returned to the Council of- fice with a portion of the tape erased. It was pointed out that the erasure of a has serious implications, and in the future, tape will be loaned from the Council Office. will be released. master tape no master Only copies . City Clerk Clark answered questions, stating that her shorthand notes from the meeting in questions are avail- able. She stated that there was a great deal of confusion in the meeting of May 18, 1988, during the discussion of the item, but with the tape missing, there is no way to verify her notes. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that this item be continued for a public hearing to be held Monday, November 21, 1988, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia, to consider the designation of the property RS, and that all property owners in the area be notified. PROPOSED VACATION - PORTION OF "J" STREET, NORTH OF OAK STREET - AUTHORIZATION TO PROCEED AND PLAN APPROVAL In a memorandum dated September 30, 1988, Roger Hard- grave, Director of Public Works/City Engineer, explained that a request had been received to vacate a portion of "J" Street, north of Oak Street, from a property owner adjoining the proposed area to the east. The property to the west is owned by the San Bernardino City School Dis- trict, who is in agreement with the proposed vacation. The property on the north is owned by the County Flood Control District. The District will be contacted through the investigative proceedings for concurrence. (11) . 11 10/24/88 . . Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions regarding the proposed vacation. He stated that it would not leave any of the lots land locked. He also stated that all property owners will be notified of the proposed vacation and will have an oppor- tunity to appear at the public hearing at a future Council meeting. Council Member Flores made a motion, seconded by Council Member Reilly 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 "J" Street, north of Oak street; and that Plan No. 7603, showing the proposed vacation of the frontage road south of Highland Avenue, east of Elmwood Road, be approved. COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council Meeting. PERSONNEL ACTIONS Mayor Wilcox answered questions regarding Acting Classification of employees in her office. Higher (14) . Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the Personnel Actions, as submitted by the Director of Person- nel in accordance with all administrative regulations of the City of San Bernardino, be approved and ratified. COUNCIL MEMBER MAUDSLEY RETURNED Council Member Maudsley returned to the Council Meet- ing and took his place at the Council Table. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER TO OBTAIN REHABILITATION PERMIT - REHABILI- TATE OR DEMOLISH AND CLEAN - 125 E. NINTH STREET - MR. SOLOMON D. SADDI This is the time and place set to hear an appeal filed by Mr. Solomon D. Saddi on property located at 125 E. Ninth Street, on the Board of Building Commissioners' order to obtain a rehabilitation permit to rehabilitate or demolish and clean said property. (15) Mark Sutton, Director of Building and Safety, gave the background of the problems with the property in ques- tion, and showed the Council pictures of the property taken at 9:00 a.m., on October 24, 1988. . 12 10/24/88 r .. . Mr. Sutton stated that 11 months ago his department notified the former owner and the property management company, Paramount Properties, of the violations. They indicated they would clean the property. However, no action was taken. In March of this year, the Building and Safety Department had the property cleaned and the matter was taken to the Board of Building Commissioners. Mr. Saddi, the new owner, appeared at the meeting and stated he had not been notified of any violations, even though the broker who sold him the property in March, 1988, had been notified. Mr. Saddi indicated at the Board of Build- ing Commissioners' hearing that he did examine the prop- erty prior to sale. Marla Wirsz, Broker, Paramount Properties, 11174 Mt. View, Lorna Linda, stated they did not manage the property in question, but had listed it for sale. The new buyer, Mr. Saddi, planned to build out the property, at which time these buildings would be repaired. . Ms. Wirsz stated she had spoken with Mr. Mark Young, Code Compliance Officer, Building & Safety Department, in November or December, 1987, who indicated the Department had tried to reach the property owner to request that the property be cleaned of weeds, debris and old cars. He stated that a lien would be placed against the property to recover the City's costs. This amount could then be paid through escrow. However, the lien was never imposed, and the new owner is being billed for work that was done be- fore he bought the property. Ms. Wirsz answered questions, stating that Mr. Saddi had allowed one tenant to remain in one of the units to discourage vandalism. The Director of Building and Safety answered ques- tions regarding the lien procedure, stating that the mat- ter must go before the Board of Building Commissioners who verify the process and costs. This procedure takes three to four months. Sr. Assistant City Attorney Barlow answered questions regarding the lien process, stating it is regretable that the costs were not paid by the previous owner, but it is the property that is benefitted by the abatement action, and the City's action is proper. Bill Ponder, Board of Bui Iding Commissioner, ex- plained that the Board tries to determine what is in the best interest of the City, and also provide adequate no- . 13 Ul/24/88 . tice to property owners. He stated that property often changes hands during the period of the City's involvement, which makes it difficult to provide notice to the proper person. Sr. Assistant City Attorney Barlow stated that a Notice of Pendency had been recorded on March 15, 1988, which gives legal notice of the pending action by the City. The Director of Building & Safety stated that Mr. Saddi had bought the property during the moratorium. Prior to the Moratorium, the property was zoned R-3, Multi- Family. The property is now zoned RS, Single-Family. In order to build it out, it would have to be a single family residential unit rather than the three or four that are there now. He al so sta ted tha t the nui sance needs to be abated now, as the units are open and vacant, and there are still abandoned cars and debris on the property. . Ms. Wirsz stated that at the time Mr. Saddi purchased the property, his partner could not wait out the delay imposed by the moratorium. Mr. Saddi is now in the pro- cess of getting a new partner. Mr. Sutton answered questions, stating that the units have been vacant for more than 180 days, so lose their vested right to the multi-family designation, and would have to go back to single-family. He stated Mr. Saddi could go through a variance procedure to create a profit- able use of the property. Mr. Sutton stated that the Notice of Pendency is only one type of notice. When the broker and previous owner were notified, that is another form of acceptable notice. Ms. Wirsz stated she understood that the lien was going to be placed immediately because of discussions with the Code Compliance Officer in which she indicated that the property was in escrow and due to close within 30 days. She was unaware that the lien process took so long. The previous owner was willing to pay the costs of clean- ing the property. She stated that the new owner is not a slum lord and it is not his intent to let the property remain in this condition. . 14 10/24/88 . Council Member Estrada made a motion, seconded by Council Member Flores, that the appeal hearing be closed; that the Board of Building Commissioners' decision of September 2, 1988, to "have the owner obtain a rehabilita- tion permit within ten (10) days and the completion of the rehabilitation within thirty (30) days; or demolish struc- ture and clean lot; and that all current and future costs incurred in the form of a lien on the property", be up- held. Current Costs: $1,569.78. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor. Noes: Council Member Pope-Ludlam. Absent: Council Mem- ber Miller. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RES. 88-397 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, APPROVING A CERTAIN CON- SENT AND AGREEMENT AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH PUMALO PALMS APARTMENTS PROJECT. (24) . City Clerk Clark read the title of the Resolution. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. Ken Henderson, Director, Community Development, ex- plained the provisions of the revised Consent and Agree- ment document, which has been reviewed by Sr. Assistant City Attorney Barlow. Mr. Henderson explained that not less than 20% of the units will be set aside for low and moderate individuals or households, pursuant to the Internal Revenue Code of 1986. He also stated that there is no liability to the City in terms of this transaction. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that said resolution be adopted. . 15 10/24/88 . Resolution No. 88-397 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam. Noes: Council Member Miller. by the following Reilly, Flores, None. Absent: PROTEST HEARING - PROPOSED STREET VACATION _ PORTIONS OF MAIN STREET AND BROADWAY STREET, BETWEEN "I" AND "JIl STREETS In a memorandum dated September 30, 1988, Roger Hard- grave, Director of Public Works/City Engineer, stated that a request was received from the Redevelopment Agency to vacate portions of Main Street and Broadway Street, be- tween "I" and "J" Streets. On February 1, 1988, authori- zation was given to proceed with the proposed vacation, and Plan No. 7422 was approved. (16) In his memorandum, Mr. Hardgrave explained that the extension of "F" Street, south of Rialto Avenue, is an integral part of the Central City South Project, and will require approval of a new public grade crossing over the Santa Fe Railway. Santa Fe has indicated that they would consider approving the new public grade crossing, provided that a present crossing (s) is closed. Main Street and Broadway are minor crossings and were selected as possible candidates to be closed. . Council Member Flores stated that he had received five telephone calls protesting the vacation. Mayor wilcox opened the hearing. Stanley Lang of Lang's Empire Building Materials, distributed maps of the area involved in the proposed vacation. He stated he owns, leases and rents several lots in the area, and has been in that location for about 25 years. The railroad track in that area is known as the Redlands Loop, and is never used more than once a day. He stated that all his materials are brought in by truck. He explained that his business uses the street every day, and if it were closed, they would have to use different route which would require additional traveling. The vaca- tion would impose a tremendous burden to his company and customers. Carl Oldenkamp, 1240 W. Edgemont, stated he owns several parcels of real estate in the area of Third Street and Broadway, and has been in that location since 1965. He explained that large trucks are used to deliver materials to his property and if the street were closed, the drivers would have difficulty in having easy access to his prop- . 16 10/24/88 . erty. He stated that the street is used every day, and the closure would cause a great inconvenience and in- creased costs. He expressed his opposition to the pro- posed vacation. Dan Meyers, 982 West Second Street, protested the proposed closure. He stated he is in the rehabilitation business. He explained that Main Street is used two or three times a day as the quickest access to the freeway to reach various areas they must maintain. If this street is closed off, the trucks would have use "J" Street, which would increase the traffic in a residential area. He also stated the proposed vacation would decrease property values. Laverne Zulch, stated she owns Lots 9, 10, 11, 12, 13, 16 and 33. She stated that closing off the street would be imposing restrictions on her business as well as other businesses in the area, as her lots 16, 12, 13 and 33 are locked in. She stated she was opposed to the pro- posed closure. . Jean Conmery, 950 West Second Street, stated she rents this property to a business which needs Main Street open from both directions for trucks in order to operate. If the street is closed, the business will be forced to move elsewhere. She stated that the property was designed for use with access to Second Street and Main Street, as large trucks can't turn around and would have to back out. Ms. Conmery stated that if Main street is closed, the property value would drop. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions regarding a further study of the proposed vacation, and explained that this closure had been requested by the Redevelopment Agency in conjunction with the Central City South Project. Mr. Hardgrave stated that even though underground easements would be granted for utilities, the railroad could put up barricades to preclude traffic from crossing the tracks. Mr. Carl Oldenkamp stated that the railroad is used much less than the streets proposed for vacation, and the impact would be much greater on vehicular traffic than on the railroad. . John Hoeger, Development Specialist, Redevelopment Agency, agreed that a further study was a good idea. He explained that these locations were identified by the 17 10/24/88 F . Public Utilities Commission as being unsafe, and as a result, were chosen for consideration of closure. Abate- ment of the unsafe conditions would be very expensive. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the proposed street vacation of portions of Main Street and Broadway Street, between "I" and "J" Streets, be continued to Tuesday, January 17, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. . PROTEST HEARING - VACATION - PORTION OF MEYERS ROAD - WEST OF LITTLE LEAGUE DRIVE In a memorandum dated September 28, 1988, Roger Hard- grave, Director of Public Works/City Engineer, gave the background of the proposed vacation of a portion of Meyers Road, west of Little League Drive. He stated there ap- pears to be no further necessity for that portion of Meyers Road, either for present or future purposes. Mr. Hardgrave set forth Findings of Fact to back up the staff recommendation of approval of the vacation. (17) A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF MEYERS ROAD, WEST OF LITTLE LEAGUE DRIVE, IN THE CITY OF SAN BERNADINO. (17) Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the proposed vacation of a portion of Meyers Road, west of Little League Drive, be continued to the afternoon ses- sion. (See page 26) COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - ADJOURNED REGULAR MEETING The Adjourned Regular Meeting of the Community Devel- opment Commission/Redevelopment Agency was called to order by Chairman Wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. . 18 10/24/88 'fi . SET JOINT PUBLIC HEARING - CONSIDER LEASE OF REAL PROPERTY - YWCA In a memorandum dated October 12, 1988, James E. Robbins, Acting Executive Director, presented a synopsis of previous Commission action, and explained that a pub- lic hearing has been scheduled for November 21, 1988, to consider the sale of the YWCA property, located at 567 N. Sierra Way. Since the issue of leasing the building to the YWCA is still an alternative being considered, staff was asked to prepare a request to set a joint public hear- ing to consider a lease to the YWCA for the same date and time. (R-8) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that a joint public hearing be held at 11:00 a.m., Monday, Novem- ber 21, 1988, to consider the lease of real property among the City of San Bernardino, the Redevelopment Agency and Young Women's Christian Association. The Common Council, acting as the Community Develop- ment Commission, voted to direct staff to retain the $5,000 deposit pending negotiations. . CLOSED SESSION - CONTINUED FROM OCTOBER 3, 1988 Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the Closed Session pursuant to Government Code Section 54956.8 to discuss with its negotiator the purchase, sale, ex- change or lease of real property, and to give instructions to its negotiator concerning the price and terms of pay- ment for the purchase, sale, exchange or lease of real property generally located at 2535 W. Highland, be con- tinued to the afternoon session. (See page 42) (R-ll) COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. RECESS MEETING - LUNCHEON WORKSHOP - EMERGENCY PLAN DISCUSSION - MANAGEMENT INFORMATION CENTER (MIC) At 11:50 a.m., Council Member Estrada made a motion, seconded by Council member Flores and unanimously carried, that the Adjourned Regular Meeting of the Mayor and Common Council recess to a luncheon workshop in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California. . LUNCHEON WORKSHOP - EMERGENCY PLAN DISCUSSION At 12:20 p.m., a workshop to discuss the City's Emer- gency Plan was called to order by Mayor wilcox in the 19 10/24/88 f . Management Information Center Hall, 300 North "0" Street, San (MIC), Sixth Floor, City Bernardino, California. (39 ) ROLL CALL Roll Call was taken by City Clerk Clark with the fOllowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam; Sr. Assistant City Attorney Barlow, City Clerk Clark, Acting Ci ty Administrator Robbins. Absent: Council Member Miller. Also present: Richard Bennecke, Executive Assistant to the Mayor; John Cole, Administrative Assistant to the Council. Dick McGreevy, Director of Emergency Services, used an overhead projector presentation to review the City of San Bernardino's Emergency Plan. Mr. McGreevy answered questions of the Council. . At 1:30 p.m., Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the workshop be adjourned to the Adjourned Regular Meeting of the Mayor and Common Council at 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 2:20 p.m., the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of Ci ty Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam; Sr. Assistant City Attorney Barlow, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Miller. APPEAL - DENIAL OF REVIEW OF PLANS NO. 88-60 - MULTI-TENANT RETAIL BUILDING - NORTHEAST CORNER OF WATERMAN AND HOSPITALITY LANE - M. S. PARTNERSHIP - CONTINUED FROM OCTOBER 3, 1988 This is the time and place continued to for consi- deration of an appeal filed by Michael Palmer & Associates, representing M. S. Partnership on the Planning . 20 10/24/88 . Commission's denial of Review of Plans No. 88-60, for construction of a multi-tenant retail building. The property is located at the northeast corner of Waterman and Hospitality Lane. (42) Mayor wilcox opened the hearing. John Lightburn of Lightburn & Associates, P.o. Box 1622, San Bernardino, California 92402, representing Michael Palmer & Associates, requested that this matter be continued to November 21, 1988. He stated that a meeting with Council Member Estrada and staff was planned but not yet set and his principals would be out of town and un- available to make to the Council Meeting until the 21st. Michael Loehr, Interim Planning Director, answered questions stating that he had received information on the meeting that was held several months ago with the Flood Control District regarding the setback requirements for this project. He stated that he had been requested to meet with the current Director of Flood Control regarding the updating of the memo but a meeting had not been set yet. . Mr. Loehr stated that based upon the availability of the Flood Control District a meeting would be arranged to update the memo prior to the November 21st meeting. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal hearing regarding denial of Review of Plans No. 88-60, be continued to Monday, November 21, 1988, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPEAL - TENTATIVE TRACT NO. 13307 - DENNIS STAFFORD - IRVINGTON AND BELMONT AVENUES EAST OF CHESTNUT WEST OF PALM AVENUE CONTINUED FROM OCTOBER 3, 1988 This is the time and place continued to for consider- ation of an appeal filed by Dennis Stafford on behalf of Mirna Overland Enterprises on the Planning Commission's technical denial of Tentative Tract No. 13307 for a 70 lot subdivision. The project is located between Irvington and Belmont Avenues east of Chestnut and west of Palm Avenue. (43) Mayor wilcox opened the hearing. . Michael Loehr, Interim Planning Director, explained that at the meeting of October 3, 1988, this item was 21 10/24/88 F . continued in order to proceed with the development and documentation of the infrastructure plan. Since the last Council Meeting, Ken Henderson, Director of Community Development, has presented a detailed proposed plan to the Planning Commission outlining the necessities in the area for various types of infrastructure and the proposed financing of those plans. Mr. Loehr explained that the Planning Commission recommendation was a three to three split vote, which is an effective denial. The negative votes were based on the need for an infrastructure plan. As a result of the pre- sentation on the infrastructure plan, the Planning Com- mission recommended favorably for the approval of the next tract in this area. He outlined that the issue involved in this tract was the availability to provide for infrastructure and that the plans were on file and the calculations dealing with the issue of traffic, sewer, storm drains and other mitigation measures within the area had been found adequate by the Planning Commission. . Mr. Loehr recommended approval of this tract based on prior actions taken at the meeting of October 3, 1988, for another tract in the same area and recommended that the Negative Declaration be adopted. Dennis Stafford with McKeever Engineering of Riverside, representing the applicant Mirna Overland Enterprises, stated that he is in favor of the current recommendation to approve the tract. He stated that he understood that the environmental issues had been addressed and part of the motion is to issue a negative declaration. Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the hearing be closed; that the decision of the Planning Commission be reversed; the negative declaration be adopted; and that Tentative Tract No. 13307 be approved, subject to the Findings of Fact (Attachment "B"), Cond- itions of Approval (Attachment "C"), and Standard Require- ments (Attachment "D"). LETTER OF COMMENT - SAN BERNARDINO COUNTY HAZARDOUS WASTE MANAGEMENT PLAN - DRAFT ENVIRONMENTAL IMPACT REPORT In a memorandum dated October 7, 1988, Michael Loehr, Interim Planning Director, stated that the Planning . 22 10/24/88 f . Department had received and responded to a Notice of Preparation of an Environmental Impact Report for the San Bernardino County Hazardous Waste Management Plan (HWMP) in January of 1988 and that a Draft Environmental Impact Report (DEIR) had been prepared. (44) Michael Loehr explained that various concerns as outlined in the staff report required additional study with comments from staff regarding the County's Environmental Report and recommended that staff be directed to prepare a letter of comment and submit it to the County of San Bernardino. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that staff be directed to prepare a letter of comment for the Mayor's signature and submit it to the County of San Bernardino. . APPEAL - CONDITIONAL USE PERMIT NO. 88-42 - OFF-SITE SALE OF BEER & WINE - FOOTHILL MERIDIAN PLAZA - FOOTHILL BLVD & MERIDIAN AVE This is the time and place set to hear an appeal dated September 26,1988, filed by David W. Moore, Schneider Commercial Real Estate, 412 W. Hospitality Lane, Ste. 108, San Bernardino, California 92408, regarding the Planning Commission's denial of Conditional Use Permit No. 88-42, for the off-si te sale of beer and wine in a mini-market at the Foothill Meridian Plaza. The project is located on the southwest corner of Foothill Boulevard and Meridian Avenue. (45) In a memorandum dated October 24, 1988, Michael Loehr, Interim Planning Director, stated that the appli- cant requested approval of Conditional Use Permit No. 88-42 for the off-site sale of beer and wine in a mini- market. The proposed use is permitted in the C-3A district subject to approval of the Conditional Use Per- mit. The proposal is consistent with the Interim Policy Document land use designation of CG General Commercial. The application for Conditional Use Permit No. 88-42 had been considered by the Planning Commission on September 20, 1988. Several landowners and the Police Department testified against the application. A major concern was the negative effect this project might have on Nicholson City Park and the neighboring mobile home park. The Planning Commission voted a three to three split vote for denial, and the application was effectively denied. The Mayor opened the hearing. . 23 10/24/88 . Lt. Curtis of the S.B. Police Department, opposed the Conditional Use Permit based on the close proximity to Nicholson Park, which is heavily used year round by the youth for football and baseball and the fact that there is also a youth center located at the park. He offered some conditions that the Council should impose if they decide to overrule the Planning Commission and grant the CUP. Lt. Curtis answered questions regarding the gang activity in the area stating that there have been problems in Nicholson Park. David Moore, Schneider Commercial Real Estate, repre- senting Mr. and Mrs. Ibrahim, the tenants of the mini-market, stated that the State of California ABC allows for up to two additional beer and wine licenses in this area. Mr. Moore explained that residents in the area are in need of a market that is convenient and within walking distance of their homes. Mr. Moore addressed the issue of the sale of single cans of beer and wine. . Detective R. A. Rice spoke of the potential problems with the issuance of the CUP and provided a list of condi- tions as requested by the Police Department if the Condi- tional Use Permit were granted. Deputy City Attorney Empeno stated that the City Attorney's office is not recommending approval or denial of this permit but is concerned about any potential crime problems if this permit is approved. He explained the conditional use permit process for the sale of alcoholic beverages. Deputy City Attorney Empeno gave some suggested con- ditions that have been adopted by other cities to make sure that the CUP does not pose a detriment to the health, safety and welfare of the people. In this situation there is concern for the immediate consumption of alcoholic beverages in the parking lot, streets, sidewalk or the park. One solution is to restrict the sale of single cans or to limit the total floor area or gross receipts allot- ted to sales of alcohol. Another is to restrict alcohol sales to the rear of the store. . 24 10/24/88 -rm- . David Moore, representing the developer and business owners, answered questions stating that the issue raised by the Police Department on loitering and litter, would not be the case in this area and referred to his letter dated September 26, 1988, stating that the tenants would agree to keep the area free of litter and debris, not to have video games, not allow any public phones inside or outside the store, not sell ice in quantities of less than five pounds, and not sell distilled spirits. Discussion ensued would be placed in restrictions the Police on the types of businesses that the shopping center and the Department recommended as follows: 1) No malt beverage products shall be sold in less than six pack quantities per sale. 2) No coin operated amusement devices shall be main- tained on the license premises. 3) No alcoholic beverages shall be consumed on any property adjacent to the license premises under control of the licensee. . 4) 750 ml. No wine shall be sold in containers of less than 5) All ice shall be sold at or about prevailing prices in the area and in quantities of not less than five pounds per sale. Discussion ensued regarding containers of less than 750 mI. and the sale of wine coolers. David Moore stated that the hours of operation will be limited in order to have a business like atmosphere not to add to the problem of loitering. Deputy City Attorney Empeno stated that conditions can be added to the permit in order to establish a review process after six months or a year. Once a Conditional use Permit has been granted, unless there is evidence of violations, a hearing would be required to place further conditions on the establishment. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing be closed. . 25 10/24/88 . Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the decision of the Planning Commission be reversed and that Conditional Use Permit No. 88-42 be approved subject to the following conditions: 1) No malt beverage products shall be sold in less than six pack quantities per sale. 2) No coin operated amusement devices shall be maintained on the license premises. 3) No alcoholic beverages shall be consumed on any property adjacent to the license premises under control of the licensee. 4) No wine shall be sold in containers of less than 750 mI. 5) All ice shall be sold at or about prevailing prices in the area and in quantities of not less than five pounds per sale. and 6) The property is to be kept free of litter and debris at all times. PROTEST HEARING - VACATION - PORTION OF MEYERS ROAD - WEST OF LITTLE LEAGUE DRIVE This is the time and place continued to for a hearing on the vacation of a portion of Meyers Road, west of Little League Drive. (This was continued from earlier in the meeting) (See Page 18 ) Mayor wilcox opened the hearing. . No protests were received. RES. 88-398 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF MEYERS ROAD, WEST OF LITTLE LEAGUE DRIVE, IN THE CITY OF SAN BERNARDINO. (17) City Clerk Clark read the title of the resolution. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of resolution be waived. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the hearing be closed; and that the Findings of Fact as set forth in the Staff Report from Roger G. Hardgrave, Director of Public Works/Engineer, as to why a portion of Meyers Road, west of Little League Drive is no longer necessary for street purposes, be adopted; and that said resolution be adopted. . Resolution No. 88-398 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam. Noes: Council Member Miller. by the following Reilly, Flores, None. Absent: 26 10/24/88 . RES. 88-399 - RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO AMENDMENT PROCEDURES FOR AMENDING THE INTERIM POLICY DOCUMENT PENDING ADOPTION OF A FINAL GENERAL PLAN. (22) City Clerk Clark read the title of the resolution. Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived. Sr. Assistant City Attorney Barlow stated that this proposal would allow acceptance of the applications up until April 15, 1989. This would allow applicants to apply for amendments to the Interim Policy Document. Discussion ensued on the procedure that is currently used to identify serious problems that could be corrected. . Michael Loehr, Interim Planning Director, explained that there were four issue areas that this process could address: 1) where the line had been drawn wrong 2) ob- vious errors where there is a wrong line on the map which was found when transferring to a larger scale map 3) where there was no policy decision made and yet the plan created a hardship 4) where there was clear discussion regarding a policy in which case the matter will go back to the CAC for inclusion in the final general plan. Discussion ensued on the notification process to property owners or developers where the zoning for their property was changed. Michael Loehr, answered questions stating that there is no provision for waiver of the fees. Dennis Barlow stated that the IPD has a very limited grandfather clause. Michael Loehr stated that at the next meeting a larger map will be presented to Council for approval which will take care of the small problems that currently exist. Mr. Loehr explained that with the adoption of this resolution notification would be made immediately to those that have pending applications. . 27 Hl/24/88 r . Council Member Reilly made a Council Member Pope-Ludlam, that adopted. motion, seconded by said resolution be Resolution No. 88-399 was adopted vote: Ayes: Council Member Estrada, Maudsley, Minor, Pope-Ludlam. Noes: Council Member Miller. by the following Reilly, Flores, None. Absent: RES. 88-400 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PEAT MARWICK MAIN & COMPANY RELATING TO THE RETENTION OF PEAT MARWICK MAIN & COMPANY TO PERFORM A COMPREHENSIVE STUDY OF THE CITY'S DATA PROCESSING NEEDS AND DEVELOP A 5-YEAR MASTER PLAN. (21) City Clerk Clark read the title of said resolution. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of said resolution be waived. . Acting City Administrator Robbins stated that a Data Processing Advisory Committee had been formed approxi- mately six months ago to identify user needs and give direction and assistance to staff and to review existing position in the data processing operations. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. Mark Sutton, Director of Building & Safety, acting as Chairman of the RFP Sub-Committee, stated that the Sub-Committee was formed to look at the City's computer system. The Request for Proposal (RFP) was developed and sent out to nine vendors with a response of five. Out of the top four vendors, Peat Marwick Main & Company was the most qualified bidder. Don Carlos, Director of Data Processing, Claremont COllege, outlined the evaluation criteria that was used to select Peat Marwick Main & Company. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. Council Member Flores made a motion, seconded by Council Member Maudsley that said resolution be adopted. . 28 10/24/88 r . Resolution No. 88-400 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor. Noes: None. Absent: Council Members Estrada, Pope-Ludlam, Miller. STORM DRAIN FEES - TRACT NO. 13457 - JOINT POWERS AGREEMENT WITH CITY OF COLTON - CITRUS AVENUE In a memorandum dated October 10, 1988, Roger Hardgrave, Director of Public Works/Engineer inn. Rrated that Tract No. 13457 is a 208 lot subdivision, north of Colton City Limits. A plan has been developed to construct the Ci trus Avenue Storm Drain, in order to alleviate flooding in this portion of Colton. (41) In a letter dated October 7, 1988, Frank A. Gonzales, Mayor of Colton, stated that the Cities of San Bernardino and Colton have entered into a joint powers agreement to construct a major storm drain system along Citrus Street in the vicinity of Meridian and Laurel Streets. The storm drain system will provide drainage capacity for the Forecast Mortgage Company development, Tract No. 13457. . Mayor Gonzales requested on behalf of the district, the pass through of any drainage fees which the City of San Bernardino will be collecting from the developer. He stated that the funds received will be deposited in the district's special fund and will be used to reduce the special tax paid by district residents. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that an amount equivalent to the storm drain fees collected from Tract No. 13547, be allocated in the 1989-90 Storm Drain Construction Fund Budget, and that it be applied to the portion of the cost for constructing Phase II of the Cit- rus Avenue Storm Drain assessed to the 208 lots of Tract No. 13547 within the City of San Bernardino, in order to reduce their special tax from the maximum estimated amount of $661.00 per lot for FY 1988-89. REPORT FROM CITY ADMINISTRATOR - NEW PROCEDURAL GUIDELINES - SALE OF ANIMALS FOR MEDICAL RESEARCH (DOCUMENT NOT AVAILABLE) Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the report from the City Administrator relative to the new procedural guidelines regarding the sale of animals for medical research, be continued to the Regular Meeting of the Mayor and Common Council to be held Monday, November . 29 10/24/88 I( . 7, 1988, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (4la) CONVENTION AND VISITORS BUREAU - PLAN OF ACTION APPOINTMENT OF BOARD OF DIRECTORS In a memorandum dated October 11, 1988, James Richardson, Deputy City Administrator, explained that David Porter, Chairman, Convention and Visitor's Bureau, had prepared a detailed plan of action setting forth goals and objectives, a work plan, proposed timelines, suggested names for a board of directors and economic impacts and funding sources for the 1988-89 and 1989-90 budget years. (40 ) At the October 10, 1988, Ways and Means Committee meeting the report was thoroughly reviewed. The Ways and Means Committee unanimously endorsed the CVB plan of action and made nominations for membership of the Board of Directors. . Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the l8-month plan of action for the Convention Visitor's Bureau (CVB) be approved, to include funding for the first 6 months of $28,920 appropriated from the General Fund Operating Contingency, $10,000 appropriated from the Park- ing & Business Improvement Fund balance, $10,000 applied for from the CDBG Appropriated Reserve Account and recog- nize $3,060 of in-kind services from the SBACC; and that Pat Caffery, Laurie Aldern, David Porter, Terri O'Connor, Ann Harris, Alfredo Gonzalez and Bob Spivacke be appointed as interim members and Jim Richardson, Deputy City Admin- istrator, and the Director of CVB be appointed as ex- officio members of the Board of Directors of the CVB, until the Bylaws are adopted. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the meeting and took her place at the Council Table. RESOLUTION OF THE CITY OF SAN BERNARDINO SUPPORTING THE DESIGN REVISION TO THE ROUTE 30/330 INTERCHANGE BY ELIMINATING ACCESS AT PACIFIC STREET AND CREATING ACCESS AT CENTRAL AVENUE. (Continued from September 19, 1988). (18) . Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be continued to the Regular Meeting of the 30 10/24/88 I' . Mayor and Common Council to be held Monday, November 21, 1988, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, for discussion with the School District on the issue of off-ramps. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of the remaining resolutions on the Council Agenda. Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that further reading of the resolutions be waived. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY ADMINISTRATOR. (Continued from October 3, 1988). (19) Mayor Wilcox stated that this matter was discussed at the Special Personnel Committee meeting and it was her understanding that there would not be a problem with the proposed employment agreement terms of four months of severance pay with a 90 day notice. . Mayor Wilcox explained that if the city chose not to allow the City Administrator to work out the 90 days then there would be a total of seven months of severance pay which would be paid in monthly installments. Should the City Administrator become employed then the installment payments would cease. The Mayor stated that Acting City Administrator Robbins has been performing the duties and now is the time for the City to move forward. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meeting and took her place at the table. The Council discussed the recruitment process. It was pointed out that the contract was not offered at recruit- ment. It was offered after a person was selected. There- fore, if a contract is to be used as a means for recruit- ment it should have been presented to the candidates at the beginning of the selection phase. . Jim Robbins, candidate for the position of City Admi- nistrator, was asked if he wished to pursue this contract further at this time and he replied: "no". 31 10/24/88 r . Mayor wilcox stated that in a timely manner another recommendation would be brought forth. Council Member Estrada made a motion, seconded by Council Member Minor, that the employment agreement, be denied. The motion carried by the fOllowing vote: Council Member Estrada, Reilly, Flores, Pope-Ludlam. Noes: Council Member Maudsley. Council Member Miller. Ayes: Minor, Absent: COUNCIL MEMBERS ESTRADA AND POPE-LUDLAM EXCUSED Council Members Estrada and Pope-Ludlam left the Council Meeting. . RESOLUTION OF THE CITY OF SAN BERNARDINO RENEWING 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 October 3, 1988) (23) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be continued to Monday, November 21, 1988, at 9:33 a.m., in the Council Chambers of City Hall, 333 North "D" Street, San Bernardino, California. RES. 88-431 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH YVONNE EVERETT AND TAMARIO FUNN RELATING TO THE PURCHASE AND SALE OF CERTAIN REAL PROPERTY. (23 ) Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 88-431 was vote: Ayes: Council Members Minor. Noes: None. Absent: Pope-Ludlam, Miller. adopted Reilly, Council by the following Flores, Maudsley, Members Estrada, Council Member Reilly made a motion, seconded by Council Member Flores, that the following resolutions be adopted: . 32 13/24/88 . RES. 88-402 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOHN R. TRAUTH RELATING TO HOUSING CONSULTANT SERVICES FOR THE CITY OF SAN BERNARDINO. (25) RES. 88-403 - RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING THE PURCHASING AGENT TO SELL THIRTY SURPLUS SPORTS AND RECREATIONAL BALLFIELD HIGH INTENSITY LIGHT FIXTURES TO THE CITY OF SAN LUIS RIO COLORADO, SONORA, MEXICO AND DETERMINING THE FAIR MARKET VALUE OF THE SURPLUS LIGHT FIXTURES TO BE ONE DOLLAR PER EACH SURPLUS UNIT. (26) Resolutions Nos. 88-402 and 88-403 were adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor. Noes: None. Absent: Council Members Estrada, Pope-Ludlam, Miller. . Council Member Minor made a motion, seconded by Council Member Flores, that the following resolutions be adopted: RES. 88-404 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "RESOLUTION. . . ESTAB- LISHING A BASIC COMPENSATION PLAN. . ." BY PROVIDING A PAY INCREASE FOR THE PART-TIME CLASS OF FIRE FIGHTER TRAINEE FROM $1758/MO. TO $1786/MO. AND LAW ENFORCEMENT TRAINEE FROM $1886/MO. TO $1970/MO. RETROACTIVE TO AUGUST 1, 1988; RETIRED SENIOR VOLUNTEER PROGRAM COORDINATOR FROM $9.24 -$11.23/HR. TO $9.52 - $11.57/HR. AND SENIOR COMPANION PROGRAM COORDINATOR FROM $10.58 -$12.86/HR TO $10.90 - $13.25/HR. EFFECTIVE SEPTEMBER 20, 1988. (28) RES. 88-405 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 85-480 ENTITLED, IN PART, "A RESOLUTION ESTABLISHING AN ADMINISTRATIVE CHARGE OF THIRTY-FIVE DOLLARS FOR PROCESSING NUISANCE ABATEMENTS AND WEED ABATEMENTS . . ." TO INCREASE THE ADMINISTRATIVE CHARGE TO SEVENTY-FIVE DOLLARS. (29) . 33 10/24/88 f . RES. 88-406 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED IN PART, "A RESOLUTION . . . PRO- HIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF . . ." TO ES- TABLISH A NO PARKING ANYTIME ZONE ON COOLEY AVENUE BETWEEN TIPPECANOE AVENUE AND A POINT 100 FEET WEST OF SUNNYSIDE AVENUE. (30) RES. 88-407 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION . PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF " TO ESTABLISH A NO PARKING ANYTIME ZONE ON HUNTS LANE BETWEEN 230 FEET SOUTH OF CAROLINE STREET AND CAROLINE STREET, APPLICABLE TO THE EAST SIDE ONLY. (31) Resolution Nos. 88-404, 88-405, 88-406, and 88-407 were adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor. Noes: None. Absent: Council Members Estrada, Pope-Ludlam, Miller. . COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. RES. 88-408 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO BASEBALL CLUB, INC., TO PERFORM BALLFIELD PREPARA- TION AND MAINTENANCE AT FISCALINI FIELD. (27) Acting City Administrator Robbins answered questions regarding the maintenance contract with the San Bernar- dino Baseball Club, Inc. Council Member Reilly made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 88-408 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Members Estrada, Miller. . 34 10/24/88 I . RES. 88-409 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SUPERINTENDENT OF PUBLIC BUILDINGS TO RECOMMEND TO THE SAN BERNARDINO MUNICIPAL COURT INCREASES IN THE BAIL FORFEITURE PENALTIES FOR CERTAIN PARK- ING VIOLATIONS LISTED IN THE MUNICIPAL CODE. (See Item 34, Page 35) (33) Council Member Flores made a motion, seconded by Council Member Maudsley that said resolution be adopted. Resolution No. 88-409 was adopted by the following vote: Ayes: Council Member Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Member Estrada, Miller. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2482, ENTITLED, IN PART, II A RES OLUT ION . . .DES IGNATING CER- TAIN STREET INTERSECTIONS WHERE A STOP IS REQUIRED .n; AND AUTHORIZING THE INSTALLATION OF STOP SIGNS ON GENEVIEVE STREET, PERSHING AVENUE, MAYFIELD AVENUE AND STODDARD AVENUE AT THEIR INTERSECTION WITH TWENTY-EIGHTH STREET. (32) . Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried that said resolution be continued to the Regular Meeting of the Mayor and Common Council to be held Monday, November 7, 1988, for clarification regarding the placement or removal of the stop signs. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of all the ordinances on the Council Agenda. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of the ordinances be waived. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING CHAPTER 10.16 OF THE SAN BERNAR- DINO MUNICIPAL CODE TO PROHIBIT BLOCKING OF DRIVEWAYS, PARKING ON SIDEWALKS, AUTHORIZ- ING PARKING CONTROL CHECKERS TO ISSUE CITA- TIONS AND ELIMINATING CITATION POWER TO VOLUNTEERS FOR HANDICAPPED PARKING VIOLA- TIONS. (See Item 33, Page 35) (34) . 35 10/24/88 If . Council Member Pope-Ludlam made a motion, seconded by Council Member Minor and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPO- RATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 87-21 LOCATED ON THE NORTH SIDE OF COMMERCIAL DRIVE, SOUTH OF THE RAILROAD RIGHT-OF-WAY BETWEEN HUNTS LANE AND WATER- MAN AVENUE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW). (35) ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST 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. 87-12, LOCATED ON THE SOUTH SIDE OF RIALTO AVENUE APPROXIMATELY 1,690 FEET EAST OF MERIDIAN AVENUE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (36) . Sr. Assistant City Attorney Barlow answered ques- tions and explained that an applicant can request less restrictive zoning if the zoning is found to be consistent with the Interim Planning Document (IPD). Council Member Maudsley made a motion, seconded by Council Member Minor, and unanimously carried, that said ordinances be laid over for final passage. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. AYSO SOCCER PARK - PACIFIC AND ORANGE STREETS - REQUEST FOR FINANCIAL SUPPORT - CONTINUED FROM OCTOBER 3, 1988 This is the time and place continued to for consideration of a request from Roger Itaya, Regional Commissioner of the American Youth Soccer Organization, for financial support and ballfield maintenance of the AYSO Park located at Pacific and Orange Streets. (37) Mayor wilcox stated that a meeting was held with AYSO, San Bernardino Unified School District and Council Member Reilly maintenance negotiations. It was suggested . 36 10/24/88 r . that the City provide maintenance at Del Vallejo and perhaps San Bernardino Unified School District will provide maintenance to the AYSO ballfield. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the request for financial support and ballfield maintenance for AYSO be continued, to Monday, November 7, 1988, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. VACATION OF ALLEYS - 28TH STREET AND CAJON BLVD. MEDICAL CENTER DRIVE AND CALIFORNIA STREET - FINDING OF NEED FOR HEALTH AND SAFETY REASONS CONTINUED FROM OCTOBER 3, 1988 This is the time and place continued to for consideration of a Finding of Need for health and safety reasons; authorization to proceed; and plan approval for the proposed vacation of alleys located between 28th Street and Cajon Blvd., Medical Center Drive and California Street. (38) . In a memorandum dated October 12, 1988, Joseph F. Stejskal, Director, Engineering-Construction-Maintenance, of the Water Department stated that access is needed in order to read the meters on a monthly basis, and to perform periodic maintenance on the main, service laterals and meters. Mr. Stejskal requested that the City reserve a dedicated utility easement in the alley designated as Parcel 1 that is as wide as the current right of way to ensure access to the water facilities. Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that a Finding of Need for health and safety reasons for the vacation of certain alleys located between 28th Street and Cajon Blvd., and between Medical Center Drive and California Street, be made; and that the Director of Public Works/Engineering and the City Clerk be authorized to proceed with the vacation of those certain alleys located between 28th Street and Cajon Blvd., and Medical Center Drive and California Street; and that Plan No. 7525 be approved. COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the Council Table. . 37 10/24/88 , . READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of the resolutions on the Supplemental Agenda. Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of the resolutions on the Supplemental Agenda be waived. RES. 88-41~ - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION N~. 3985 ENTITLED, IN PART, "A RESOLUTION. PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF .." TO ESTABLISH A NO PARKING ZONE BETWEEN THE HOURS OF 8:~~ P.M. - 6:~~ A.M. ON THE NORTH SIDE OF THIRTY-NINTH STREET, BETWEEN GOLDEN AVENUE AND A POINT APPROXIMATELY 5~~ FEET WESTERLY THEREOF; AND ON THE WEST SIDE OF GOLDEN AVENUE, BETWEEN THIRTY-NINTH STREET AND A POINT APPROXIMATELY 5~~ FEET NORTHERLY THEREOF. (S-2) Council Member Minor made a motion, seconded by Council Member Maudsley, that said resolution be adopted. . Resolution No. 88-41~ was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Members Estrada, Miller. RES. 88-411 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STURGES FOUNDATION, A NON-PROFIT ORGANIZATION, IN SAN BERNARDINO. (S-5) Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 88-411 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Members Estrada, Miller. . 38 1~/24/88 ,n II . COUNCIL PERSONNEL COMMITTEE REPORT - OCTOBER 20; 1988 - COUNCIL MEMBER REILLY Council Member Reilly, Chairman of the Council Personnel Committee, gave the report of the Council Personnel Committee meeting held on October 20, 1988. The following item was on the agenda: (S-3) 1. City Administrator Contract Agreement - The Committee recommended denial of the City Administrator's October 18,1988, changes to the proposed employment con- tract. The Committee agreed they might be receptive to a 90-day notice - four month severance agreement. The Committee members agreed that they would be available to discuss any changes prior to the October 24, 1988, Council meeting. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the Council Personnel Committee meeting of October 20, 1988, be received and filed. . AUTHORIZATION TO PURCHASE MILES VICTORIAN HOUSE HERITAGE PARKING LOT - SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL In a memorandum dated October 19, 1988, Ken Hender- son, Director, Community Development, stated that at the September 19, 1988 meeting of the Mayor and Council staff was directed to retain a structural engineer to study the Miles Victorian house with respect to its possible reloca- tion and to explore the possibility of purchasing the Heritage House Parking lot 439 Eighth Street. The purchase of the parking lot would insure the continued availability or parking for the Heritage House and might serve as a relocation site for the Miles Victorian House. (S-l) Ken Henderson stated that the Community College District had called a special meeting for October 24, 1988, at 4:15 p.m. The agenda item to be discussed was on the demolition and or removal of the Miles Victorian House from the Community College District lot. Mr. Henderson explained that its possible that at the Special Meeting of the Community College District a contract may be awarded to Mr. Carl Viers for $5,000 for the demolition or removal of the Miles Victorian House. The Director of Community Development stated that he had spoken with Bill Leonard Sr. who indicated that the parking lot that is currently owned by Pacific Savings . 39 10/24/88 .- . might be used to relocate the Miles Victorian House with the addition of a 10 to 15 foot easement that the District would provide to the owner of the Miles Victorian House for access purposes to the area surrounding the lot. Mr. Henderson explained that the proposed purchase of the Heritage House parking lot for $80,000.00 is the amount outstanding from the EDC loan and that the Execu- tive Vice-President of EDC recommended support for the sale of the Heritage House parking lot. Ken Henderson indicated that the loan for the Heritage House restoration was paid off by the San Bernardino Historical Society this year in the amount of $49,000.00. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned Meeting and took her place at the Council to the Table. Council Mr. Henderson stated that if the City could get some consideration from EDC in terms of not selling the parking lot we might be able to work with Mr. Leonard of Pacific Savings, on the alternative site which is adjacent to the rear of the Miles lot at present. . Ken Henderson stated that Thelma Press, Liaison to the Mayor, had indicated to him through a memorandum that if the City would acquire the parking lot from EDC at the price of $80,000.00, the Historical Society would repay the loan as soon as the work is completed at the Sturges Center, providing that EDC accepts the City's offer of $80,000.00. Council Member Estrada made a motion, seconded by Council Member Flores, that the Redevelopment Agency and Community Development staff explore a variety of options to present to the Redevelopment Agency Committee at the next meeting; that EDC be contacted to determine their asking price, and that the entire matter be brought back at the next Council meeting, Monday, November 7, 1988. The motion carried by the following vote: Ayes: Council Members Estrada, Flores, Minor, Pope-Ludlam. Noes: Council Members Reilly, Maudsley. Absent: Council Member Miller. . 40 10/24/88 . . RECESS MEETING AT 5:30 p:m:, seconded by Council that the meeting fOllowing: - CLOSED SESSION Council Member Minor made a motion, Member Flores and unanimously carried, recess to Closed Session under the Government Code Section 54957 to consider personnel matters. (46) Government Code Section 54956.9(b) (1), to confer with its attorney regarding pending litigation, as there is significant exposure to litigation. (47) Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation, so that Council may decide whether to initiate litigation. (48) Government Code attorney regarding initiated formally follows: Section 54956.9(a) to confer with its pending litigation which has been to which the City is a party as (49) City of San Bernardino vs. California Construction Management, Inc., etal - 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 San Bernardino vs. San Bernardino Baseball Club, Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Company, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 232998; Juan Manuel Sanchez vs. City of San Bernardino -United States District Court Case No. CV87-2291 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) ; . 41 10/24/88 I , J: G: Golfing vs. City of San Bernardino - United States District Court - CV87-77-JSL (RWBx); . Thomas Inglis vs. City of San Bernardino - San Bernardino Superior Court Case No. 245022; Light vs. Fremont - San Bernardino Superior Court Case No. 238363: Transcontinental Insurance Company vs. City of San Bernardino - United States District Court - CV87-77 JSL (RWBx) . Government Code attorney regarding initiated formally follows: Section 54956.9(a) to confer with its pending litigation which has been to which the City is a party as (S-4) Deyon vs. City of San Bernardino - San Bernardino Superior Court Case No. 236473; County, et al vs. South Coast Air Quality Management District, et al - San Bernardino Superior Court Case No. 236061. . Government Code Section 54956.8 to discuss with its negotiator the purchase, sale, exchange or lease of real property, and to give instructions to its negotiator concerning the price and terms of payment for the purchase, sale, exchange or lease of real property generally located at 2535 W. Highland. (R-ll) ADJOURN CLOSED SESSION At 6:32 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 6:32 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the fOllowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam; Senior Assistant City Attorney Barlow, City Clerk Clark, Acting City Administrator Robbins. Absent: Council Member Miller. . 42 10/24/88 . . ADJOURN MEETING AT 6:32 p.m:, Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the Regular Meeting of the Mayor and Common Council be adjourned to 9:~~ a.m., Monday, November 7, 1988, in the Council Chambers of City Hall, 3~~ North "0" Street, San Bernardino, California. (5~) ~cU c!/~ Cl ty Clerk o4J No. of Items: 64 No. of Hours: 9\ . . 43 l~/24/88