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HomeMy WebLinkAbout01-22-1990 Minutes City of San Bernardino, California January 22, 1990 This is the time and place set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their regular meeting held at 8:30 a.m. on Tuesday, January 16, 1990, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The City Clerk has caused to be posted the Order of Adjournment of said meeting held on January 16, 1990, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 10: 00 a.m., Wednesday, January 17, 1990, on the door of the place at which said meeting was held. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:33 a.m., Monday, January 22, 1990, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Members Minor, Pope- Ludlam. RECESS MEETING - CLOSED SESSION At 8:33 a.m., Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the Mayor and Common Council and Community Development Commission recess to closed session for the following: (1 & S-6) a. to give instruction to the City' s/Commission' s negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: ; b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957. I 1/22/90 e. to confer with the Ii tigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: Citv of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Com9any. et al vs. Citv of San Bernardino. et al - San Bernardino Superior Court Case No. 232998; San Bernardino Superior Court Case No. 252058 Sock Dawson. et al vs. Ci tv 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; Revnolds vs. Citv of San Bernardino Superior Court Case No. 248752; San Bernardino Dudley Brewster. et al vs. Southern Pacific Railroad. et al - San Bernardino Superior Court Case No. 249736; Save San Bernardino vs. Citv of San Bernardino San Bernardino Superior Court Case No. 250425; C.F.B. Investments. Ltd. vs. Citv of San Bernardino - United States District Court - Case No. SA CV89-862 JSC (RWRx); Randall vs. City of San Bernardino - San Bernardino Superior Court Case No. 250472; Grady vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 243287. All American Stirs Corporation vs. City of San Bernardino- San Bernardino Superior Court Case No. 252788; Southern Pacific Transportation Companv. et al vs. City of San Bernardino San Francisco Superior Court Case No. 877 359. 2 1/22/90 Barrera vs. City of San Bernardino Municipal Court Case No. 117307; San Bernardino Bonelli vs. City of San Bernardino - San Bernardino Superior Court Case No. 236473; Gutierrez. John vs. City of San Bernardino - San Bernardino Superior Court Case No. 245168; Harris vs. City of San Bernardino - United States District Court Case No. CV-87-04882 JSL (Gx); Haslam. Ronald vs. City of San Bernardino - San Bernardino Superior Court Case No. 250949; Lucia vs. City of San Bernardino - San Bernardino Superior Court Case No. 251476; McDuffie. Will vs. United States District Court Case No. CV- 88-671 JSL; Wirth vs. City of San Bernardino - San Bernardino Superior Court Case No. 251346; David Perea vs. City of San Bernardino - San Bernardino Superior Court Case No. 237537; David Hernandez vs. City of San Bernardino - San Bernardino Superior Court Case No. 252664. CLOSED SESSION At 8:33 a.m., Mayor Holcomb 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 Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Miller; City Attorney Penman, City Administrator Julian. Absent: Council Members Minor, Pope-Ludlam; City Clerk Clark. Also present were: Ken Henderson, Director of Community Development and Denice Brue, Assistant City Attorney. COUNCIL MEMBER At 8:40 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the READING OF RESOLUTIONS AND ORDINANCES City Clerk Clark read the titles of all the resolutions and ordinances on the regular and supplemental agendas. 3 1/22/90 CITY CLERK CLARK ARRIVED At 9:20 a.m., City Clerk Clark arrived at the closed session. KEN HENDERSON EXCUSED Ken Henderson, Director of Community Development, left the closed session. DEPUTY CITY ATTORNEY EMPENO ARRIVED Deputy City Attorney Empeno arrived at the closed session. ADJOURN CLOSED SESSION At 9:30 a.m., the closed session was adjourned to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino, California. RECONVENE MEETING At 9:30 a.m., Mayor Holcomb called the Adjourned Regular Meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Minor. INVOCATION The invocation was Congregation Emanuel. given by Rabbi Hillel Cohn of PLEDGE OF ALLEGIANCE The pledge of allegiance of was led by Council Member Pope- Ludlam. SERVICE PIN AWARDS Lorraine Velarde, Executive Assistant to the Mayor, read the names of the city employees receiving service pin awards. (4) Mayor Holcomb presented each employee with a service pin award. PRESENTATION INLAND EMPIRE DIVISION LEAGUE OF CALIFORNIA CITIES - PROJECT HOME RUN Thelma Press, Executive Director, Cultural & International Affairs, read a proclamation congratulating the City on receiving the City of the Year Award for Project Home Run. (3) Mr. Dwayne Baker, representative of the League of California Cities, presented a trophy cup to Mayor Holcomb and Council Member Miller. 4 1/22/90 Mr. Jim Stratton, Director of Project Home Run, explained the Project Home Run program. RESOLUTION - LAND AND WATER CONSERVATION FUND Lorraine Velarde, Executive Assistant to the Mayor, read a resolution endorsing the 25th Anniversary celebration of the Land and Water Conservation fund program. (3) Mayor Holcomb presented the resolution to Annie Ramos, Director of Parks, Recreation and Community Services. Annie Ramos, Director of Parks, Recreation Services, accepted the resolution on behalf of Water Conservation fund. She stated that the received from the Land and Water Conservation, community a better place in which to live. and Community the Land and federal funds have made the PUBLIC COMMENTS - DIDEON BROWN Mr. Dideon Brown, 1555 West 17th Street, San Bernardino, requested information from the Police Department regarding a report filed against him. He stated that he received a copy of the report from the Police Department which contained numerous lies. He complained about the unfairness of allowing the report be incorrect. (3) Phil Arvizo, Executive Assistant to Council, stated that John Cole, Administrative Assistant to Council, is working with Mr. Brown. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the council meeting. APPROVAL OF COUNCIL MINUTES DECEMBER 4, 1989- JANUARY 3, 1990 Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the meetings of the Mayor and Common Council of the City of San Bernardino held on December 4, 1989, and January 3, 1990, be approved as submitted in typewritten form. (6) QUARTERLY REPORT FROM THE SAN BERNARDINO CONVENTION & VISITORS BUREAU In a memorandum dated January 5, 1990, Jim Richardson, Deputy City Administrator, Development Services, presented a copy of the second quarterly report from the San Bernardino Convention and Visitors Bureau. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the second quarterly report from the San Bernardino Convention and Visitors Bureau to the Mayor and Common Council be received and filed. (7) 5 1/22/90 CLAIMS AND PAYROLL Council Member Miller made a motion, Member Flores and unanimously carried, payrolls, and the authorization to issue the memorandum dated January 16, 1990, Finance, be approved. seconded by Council that the claims and warrants as listed on from the Director of (8) PERSONNEL ACTIONS Council Member Miller, made a motion, seconded by Council Member Flores and unanimously carried, that the personnel actions submitted by the Chief Examiner dated January 11, 1990, in accordance with all administrative regulations of the City of San Bernardino, be approved. (9) WAIVING OF THE RESOLUTIONS AND ORDINANCES Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that further reading of all resolutions and ordinances on the regular and supplemental agendas be waived. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO CONTRACT WITH THE COUNTY OF SAN BERNARDINO ACTING AS THE AREA AGENCY ON AGING APPROVING REVISED BUDGET FOR THE SENIOR NUTRITION PROGRAM TO INCLUDE AN ADDITIONAL ONE-TIME GRANT SUM OF $34,000.00 FOR THE PURCHASE OF RAW FOOD AND EQUIPMENT NECESSARY TO IMPROVE THE MEAL SERVICE FOR THE BUDGET YEAR 1989-90. (10) City Attorney Penman stated that the Parks, Recreation and Community Services Department requested that the resolution be continued. Annie Ramos, Director of Parks, Services, answered questions regarding to the next Council meeting. Recreation and Community continuing the resolution Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, to continue the resolution regarding the contract for the Senior Nutrition Program to the afternoon session. (See Page 23) RES. 90-27 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 12151 (PHASE I - 36 UNITS), LOCATED NORTHWESTERLY OF KENDALL DRIVE AND PINE AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE CONSTRUCTION AND COMPLETION OF UNDERGROUNDING THE EXISTING UTILITIES ALONG KENDALL DRIVE AND CONSTRUCTION OF MASTER PLAN STORM DRAIN IN KENDALL DRIVE, IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (CFB Investment, Ltd.) (11) 6 1/22/90 RES. 90-28 - RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING FINDINGS ON PETITION AND APPROVING AGREEMENT IN A SPECIAL ASSESSMENT DISTRICT. (Cajon & June) (12) RES. 90-29 - RESOLUTION OF THE CITY OF SAN MAKING APPOINTMENTS IN A SPECIAL ASSESSMENT (Cajon & June) BERNARDINO DISTRICT. ( 13) RES. 90-30 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF A SPECIAL ASSESSMENT DISTRICT. (Cajon & June) (14) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that said resolutions be adopted. Resolution Nos. 90-27, 90-28, 90-29 and 90-30 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Miller. Noes: None. Absent: Council Members Minor, Pope-Ludlam. RES. 90-31 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ORDER THE ACQUISITION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS. (Cajon & June) (15) RES. 90-32 - RESOLUTION OF THE CITY OF SAN BERNARDINO PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING. (Cajon & June) (16) RES. 90-33 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS ."; AND PROVIDING THAT PALM AVENUE IS A THROUGH HIGHWAY FROM CAJON BOULEVARD TO AND INCLUDING VERDEMONT DRIVE. (17) Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that said resolutions be adopted. Resolutions No. 90-31, 90-32 and 90-33 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Miller. Noes: None. Absent: Council Members Minor, Pope-Ludlam. 7 1/22/90 ORD. MC-702 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTIONS 3.52.020 A. AND 3.52.020 F. AND REPEALING SAN BERNARDINO MUNICIPAL CODE SECTION 3.52.020 G. RELATING TO TRANSIENT OCCUPANCY TAX. (FINAL) (18) Ms. Garrie Wein, Sunset Hotel, spoke in opposition to the proposed ordinance for the transient occupancy tax. She stated there are several elderly people on a fixed income who stay at the hotel and can not afford to pay the tax. She also stated that there are people in the hotel on disability and unable to work, who could not afford this tax. Ms. Wein requested that the Council reconsider the proposed ordinance. Mayor Holcomb stated that Ms. Wein had identified some good points. He stated that the removal of the transient occupancy tax exemption for permanent residents is a revenue enhancement program, but he does not want to impact the people that are on a limited income. He suggested that the people on a fixed income can be exempt from the transient occupancy tax. A discussion ensued regarding adopting the ordinance. City Attorney Penman stated that if the ordinance is adopted, it does not go into effect for 30 days. He suggested that the ordinance receive its second reading and that the City Attorney's Office will explore a possible solution to the problems expressed by Ms. Wein. Mayor Holcomb agreed that the ordinance could be adopted. He suggested that if a solution is not reached within 30 days, the ordinance can be repealed and requested that a report by staff be submitted. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10: 15 a. m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. Ms. Wein answered questions regarding the number of permanent occupants at the Sunset Hotel. City Clerk Clark pointed out that Ms. Wein's transient occupancy tax report submitted to the City Clerk's Office does not coincide with her testimony presented today. A discussion ensued regarding the transient occupancy tax report submitted to the City Clerk's Office. Council Member Maudsley made a motion, seconded by Council Member Flores, that said ordinance be adopted. Ordinance MC-702 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Miller. Noes: Council Member Pope-Ludlam. Absent: Council Member Minor. 8 1/22/90 ORD. MC-703 AN ORDINANCE OF THE BERNARDINO AMENDING SECTION 3.10.010 BY CHARGE FOR THE COLLECTION OF RETURNED INSUFFICIENT FUNDS. (FINAL) CITY OF SAN INCREASING THE CHECKS DUE TO (19) Council Member Miller made a motion, seconded by Council Member Flores, that said ordinance be adopted. Ordinance MC-703 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller. Noes: None. Absent: Council Member Minor. ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADDING CHAPTER 15.73 TO THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE THE LEVY OF AN INFRASTRUCTURE DEVELOPMENT FEE FOR RIGHT-OF-WAY IMPROVEMENTS AND PUBLIC IMPROVEMENTS IN THE VERDEMONT AREA. (FINAL) (20) Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, to continue the ordinance regarding an infrastructure development fee for the Verdemont area to the meeting of February 19, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. City Attorney Penman pointed out that by continuing the ordinance, there will be a 30-day gap between the end of the effective date of the urgency ordinance and the effective date of the new ordinance. APPEAL HEARING BOARD OF BUILDING COMMISSIONERS' DECISION - BOARD UP AND ATTENDANT COSTS - 680 WEST 11TH STREET - ROBERT & SHIRLEY MCGEE In a staff report dated January 3, 1990, Larry Reed, Director of Planning/Building Services, gave the background of the appeal regarding the board up and attendant costs for the property located at 680 West 11th Street. The appeal was filed by Mr. and Mrs. Robert McGee. Staff recommended that given the unusual situation, regarding the injury of Mr. McGee in a traffic accident and Mrs. McGee's inability to drive or handle certain matters, that the 40% administration fee be waived. (21) Mayor Holcomb opened the hearing. Larry Reed, Director of Planning/Building Services, stated that Mr. & Mrs. Robert McGee have agreed that if the 40% administration fee is waived, they will withdrawn the appeal. 9 1/22/90 Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed, and the costs incurred by the BBC action of December 1, 1989, by the owners of the property at 680 West 11th Street, which totalled $4,110.49, be reduced by the overhead cost to $2,936.00 PREPARATION OF ORDINANCE TO ALLOW THE CITY TO ISSUE BUILDING PERMITS FOR REBUILDING OF RESIDENCE AT 1040 1/2 WEST BASELINE - CONTINUED FROM JANUARY 8, 1990 This is the time and place continued to for consideration of an ordinance that would allow the rebuilding of the residence at 1040 1/2 West Baseline Street. (22) Council Member Estrada made Member Reilly and unanimously ordinance relating to rebuilding 1040 1/2 Baseline be continued Council Chambers of City Hall, Bernardino, California. a motion, seconded by Council carried, that the proposed property destroyed by fire at to February 5, 1990, in the 300 North "D" Street, San PROPOSED VACATION PORTION OF A NORTH/SOUTH ALLEY BETWEEN 14TH AND MAGNOLIA STREETS AND BETWEEN "E" AND "F" STREETS - CONTINUED FROM DECEMBER 18, 1989 This is the time and place continued to for consideration of a proposed vacation of a portion of a north/south alley between 14th and Magnolia Streets and "E" and "F" Streets. (23) In a memorandum dated December 4, 1989, Roger Hardgrave, Director of Public Works/City Engineer, stated that a request had been received from Bobbie Cook to vacate a portion of a north/south alley between 14th and Magnolia Streets and "E" and "F" Streets. All the adjoining property owners were surveyed and over 80% responded with an overwhelming request to close the entire "H" shaped alley. At the Council meeting held on December Council instructed the City Clerk to invite requesting the vacation to attend today's meeting. 18, 1989, the those persons On behalf of the applicant, Council Member Reilly recommended that the proposed vacation be tabled. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam and unanimouslr carried, that the proposed vacation of a portion of a north/south alley between 14th and Magnolia Streets and "E" and "F" Streets, be tabled. APPROVAL OF HOMELESS COORDINATOR CONTRACTUAL CONTINUED FROM JANUARY 8, 1990 This is the time and place continued to approval of the job description for the coordinator position. POSITION- for discussion and homeless services (24) 10 1/22/90 In a memorandum dated December 27, 1989, Kenneth J. Henderson, Director of Community Development, provided a copy of the job description for the homeless coordinator position, as requested by the Mayor and Council at its meeting of October 16, 1989. At the Council meeting of January 8, 1990, there was discussion regarding the homeless coordinator position and the City's responsibility for the homeless situation. As a result of the discussion, it was recommended that the item concerning the job description for the homeless coordinator position be continued to the Council meeting of January 22, 1990, as the job description is being rewritten. Council Member Pope-Ludlam made a motion, seconded by Council Member Flores and unanimously carried, that the job description for the homeless coordinator position be continued to the Council meeting of February 5, 1990, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. APPROVAL OF PROPOSED DATES AND TIMES FOR THE DEVELOPMENT CODE WORKSHOPS In a memorandum dated January 9, 1990, Larry Reed, Director of Planning/Building Services, stated that since the adoption of the General Plan, planning staff has been working with consultants to prepare a development code to implement the General Plan. A Technical Advisory Committee comprised of department heads and/or their representative was formed to develop a draft development code. Prior to public hearings for the development code, it is desired by the consultant to hold joint workshops to introduce the Mayor and Common Council, the Planning Commission and various committees to the code. The proposed dates and times are Mondays, February 12 and February 26, at 1: 30 p. m. The alternate dates are Wednesdays, February 14 and February 28, at 1:30 p.m. both at the Feldheym Library. (25) A discussion ensued regarding the alternate dates. Larry Reed, Director of Planning/Building Services, answered questions regarding the other committees attending the workshops. Council Member Estrada made a motion, seconded by Council Member Miller, that the Mayor and Common Council approve the alternate dates of February 14 and 28, 1990, for the development code workshops. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Pope-Ludlam, Miller. Noes: Council Member Maudsley. Absent: Council Member Minor. 11 1/22/90 AUTHORIZATION TO PROVIDE WATER SERVICE OUTSIDE CORPORATE LIMITS OF CITY - TEN ACRE PARCEL ADJACENT AND NORTHEAST OF THE INTERSECTION OF PALM AVENUE AND CAJON BLVD. In a memorandum dated January 12, 1990, Marshall Julian, City Administrator, provided a proposal from the City Water Department to serve water outside city boundaries in the vicinity of Palm and Cajon Boulevard. In his staff report, he stated that this matter needs further investigation because the property involved is surrounded by the city on three sides, and the area should logically be within the San Bernardino City limits. (26 ) Attached to his memorandum was a memorandum dated December 27, 1989, from Bernard Kersey, Director, Administration and Finance, Water Department. In Mr. Kersey's memorandum he stated that USPCI, Inc., owns a ten-acre parcel of land located adjacent to and northeast of the intersection of Palm Avenue and Cajon Boulevard. The parcel is located in the unincorporated Verdemont area but is within the City'S overlay area as described in the City's General Plan. The applicant has requested water service from the Water Department, but plans on using septic tanks for sewage disposal. The property is within the Water Department's service area. San Bernardino Municipal Code Subsection 2.28.030 prohibits the Board of Water Commissioners from providing water outside of the city limits without Mayor and Council approval. Mr. Martin Smith, USPCI, Regional General Manager/Westcoast Operations, 3165 E. Slauson Avenue, Vernon, 90058, stated that he is requesting a letter of intent from the City for proposed water service. This letter of water service is needed to complete the environmental review process by the County Health Department. City Administrator Julian explained that this water service is for a proposed development before the County Planning Commission. The development presents environmental concerns that the city will inherit if the property is annexed. Therefore, the City should review the County's conditions of approval attached to the development prior to providing water service. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the proposal to provide water service outside the corporate limits of the City at the northeast portion of Palm Avenue and Cajon Boulevard be approved subject to review and approval of the conditions imposed by the County of San Bernardino for the development of this project. RECESS MEETING At 10:45 a.m., Mayor Holcomb declared a ten-minute recess. 12 1/22/90 RECONVENE MEETING At 11:00 a.m., Mayor Holcomb reconvened Regular meeting of the Mayor and Common Council Chambers of City Hall, 300 North "D" Street, California. the Adjourned in the Council San Bernardino, ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Minor, Pope- Ludlam. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY- ADJOURNED REGULAR MEETING The Adjourned Regular meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman was excused and was replaced by Senior Assistant City Attorney Barlow. ESTABLISH REGULAR MEETING SCHEDULE FOR THE JOINT POWERS FINANCING AUTHORITY This is the time and place set to establish a schedule to conduct Joint Powers Financing Authority meetings. Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the regular meeting time and place for the Joint Powers Financing Authority (JPFA) be established as the third Monday of each month to coincide with the second regularly scheduled Council Meeting. (R-4) COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONSENTING TO THE EXECUTION OF AN AGREEMENT BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO WITH GREENLEAF-NEELEY INVESTORS. (R-7) Sharon Mills, Greenleaf-Neeley Development Company, stated that Redevelopment Agency staff had stated that Greenleaf Development would be reimbursed for development fees in the State College Project area. Ms. Mills answered questions regarding who on agency staff authorized the reimbursement of the development fees. 13 1/22/90 Mr. John Hoeger, Development Manager, Redevelopment Agency, stated that on December 21, 1989, the Redevelopment Committee forwarded the approval to reimburse Greenleaf Development to the Commission. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, to refer the agreement back to the Redevelopment Committee; that staff be directed to include copies of the committee minutes in sequence dealing with Greenleaf-Neeley Development, and that a map be attached to the staff report. BLACK HISTORY PARADE - FEE WAIVER - FEBRUARY 3, 1990 In a memorandum dated January 18, 1990, City Administrator Julian reported that the Black Culture Foundation has requested the waiver of fees for placing and retrieving barricades for the Black History Parade ( $ 7 6 0), and for placement and use of the bleachers and other items ($3,483). There will also be a cost of approximately $1,850 for overtime for motorcycle/police unit escort, plus other incidental costs. This event has been conducted in the past, and the City costs associated with it have been absorbed in the general fund. (S-l) Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the request of the San Bernardino Black Culture Foundation to waive the barricade deposit in the amount of $760 for the use of barricades for the Black History Parade and $3,483 for the use of bleachers and other equipment be approved. RES. 90-34 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GFB- FRIEDRIECH & ASSOC., INC. FOR CONSULTANT SERVICES RELATIVE TO THE FORMATION OF A CITY-WIDE ASSESSMENT DISTRICT. (S-2) City Administrator Julian answered questions regarding the consul tant' s experience in this field. He stated that GFB- Friedriech had just completed a similar project for the City of Riverside. He further stated that the purpose of the agreement is to establish the spread of assessments, investigate the number of parcels by class in the City and decide how the costs for assessment will be spread. City Administrator Julian elaborated on the role of the consultant. He stated that the bottom line proposal would be to set a base amount for R-1 project dwellings and determine the type of assessment for multiples, commercial and industrial. The basic reason for the consultant is for spread of assessments. Mayor Holcomb explained that the Planning & Building Services Department is backlogged with plan checks and other various services, so the City is contracting plan checking and other services to outside consultants. 14 1/22/90 Roger Hardgrave, Director of Public works/City Engineer, explained the history of this consultant and why the City chose GFB-Friedriech and Associates. Council Member Miller made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 90-34 was adopted Ayes: Council Members Estrada, Reilly, Council Members Flores, Pope-Ludlam. Minor. by the following vote: Maudsley, Miller. Noes: Absent: Council Member ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 19.60.081 THROUGH 19.60.085 OF THE SAN BERNARDINO MUNICIPAL CODE AND REQUIRING AN ANNUAL SIGN CODE INSPECTION STICKER AND INVENTORY PROGRAM, AND REPEALING SECTION 15.04.85(7). (S-3) Council Member Flores made a motion, seconded by Council Miller that said ordinance be laid over for final passage. City Attorney Penman pointed out that a revised ordinance was distributed to each council member. He explained that under new legislation that went into effect January 1, 1990, almost all fees relating to development signs have a 60-day period before going into effect. A discussion ensued regarding whether the Legislative Review Committee had an opportunity to reevaluate the proposed sign ordinance. Council Legislative ordinance. Member Review Miller withdrew her Committee did not second because the reexamine the sign Larry Reed, Director of Planning/Building Services, gave the background of the events that have occurred related to the sign ordinance. City Attorney Penman explained that the ordinance had been reviewed by the Legislative Review Committee, and Deputy City Attorney Empeno and Larry Reed had met with representatives of the sign industry to establish a sign ordinance. He explained that at a post agenda briefing, Mayor Holcomb had asked the status of the sign ordinance and requested that the ordinance be reviewed by the Council. Mr. Penman stated he had prepared the sign ordinance, and subsequently realized that it was to be reviewed by the Legislative Review Committee again prior to appearing on the agenda. He apologized for this and stated that this is only the first reading, so LRC can review the ordinance prior to being adopted. 15 1/22/90 Larry Reed, Director of Planning & Building Services, answered questions regarding the meetings with the representatives of the sign industry. He stated that these representatives are in support of the proposed sign ordinance. Council Member Reilly made a motion that the first reading of said ordinance be waived and that said ordinance be laid over for final passage. The motion died due to the lack of a second. (See page 19 for further action) RECESS MEETING At 12:25 p.m., Mayor Holcomb recessed the meeting of the Mayor and Common Council of the City of San Bernardino until 2:00 p.m. RECONVENE MEETING At 2:05 p.m., Mayor Holcomb called the meeting to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Pope-Ludlam, Miller; Deputy City Attorney Empeno, Deputy City Clerk Medina, City Administrator Julian. Absent: Council Members Estrada, Minor. APPEAL - DENIAL OF SIGN PERMIT NO. 89-119 - QUIEL BROS. - 40 FOOT POLE SIGN This is the time and place set to hear an appeal filed by Quiel Bros. Sign Company on the denial of Sign Permit No. 89-119 for a 40 foot pole sign in the State College Industrial Park. (28) In a staff report dated January 10, 1990, Larry Reed, Director of Planning/Building Services, stated that the General Plan Policy 1.45.6 prohibits the development of any pole signs at the freeway entrances to the City, such as the proposed sign location next to 1-215 near the Cable Creek Wash. Mr. Reed's staff report recommended that the appeal be denied. Mayor Holcomb opened the hearing. Council Member Miller made a motion, Member Pope-Ludlam and unanimously carried, denial of Sign Permit No. 89-119 filed by foot pole sign be tabled. seconded by Council that the appeal for Quiel Bros for a 40 16 1/22/90 APPEAL HEARING PLANNING COMMISSION'S APPROVAL OF TENTATIVE TRACT NO. 14528 - CREATION OF A FOURTEEN SINGLE-FAMILY HOME SUBDIVISION - NORTHWEST CORNER OF MEYERS ROAD AND MAGNOLIA AVENUE - VERDE MONT AREA This is the time and place set to hear an appeal filed by the neighbors of the proposed development regarding Planning Commission'S approval of Tentative Tract No. 14528 to develop a fourteen single-family home subdivision located at the northwest corner of Meyers Road and Magnolia Avenue in the Verdemont area. (29) In a memorandum dated January 10, 1990, Larry Reed, Director of Planning/Building Services, stated that Tentative Tract 14528 is a proposal to create a 14 single-family home subdivision in the RL, Residential Low, land use designation. The Environmental Review Committee on November 2, 1989, recommended a negative declaration for the project, but no comments were received during the public comment period. The minimum parcel size that is proposed is 11,549 square feet, with a density of 2.8 units per gross acre (3.1 units per gross acre is allowed). The project has been conditioned to construct the residences in compliance with the mitigation standards for high wind. Mayor Holcomb opened the hearing. Gary Smith, 3288 Meyers Road, spoke on behalf of the neighbors filing the appeal. He stated that many of the neighbors did not receive any notices for meetings regarding the rezonlng studies and proposed changes to the development. He noted that there are not any emergency services available in the area and that water resources are also a problem. In the EIR from the Planning Commission, it was pointed out that there would be an effect on the water resources and there would be a need for new facilities. He stated that there are several inconsistencies within each one of the planner's report. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. Mr. Smith asked that if any development is going to occur, that it should be done on a one acre basis. He stated that this is not referred in the General Plan, but it coincides with the area. He asked that the Council grant the appeal and deny the proposed development on the grounds that there is a need for more study in the area. Mayor Holcomb informed Mr. infrastructure ordinance being developers to finance all the Verdemont area. Smi th that there is developed to require major infrastructure in an the the 17 1/22/90 Mr. Smith asked if the needed additions such as schools and water are going to be installed prior development. roads, to the Mayor Holcomb development in the available to install replied that there will be Verdemont area until sufficient all of the major infrastructure. no further funds are Mr. Nelson Miller, Sierra Engineering, 27007 West Fifth Street, Highland, California, representing the developer of the proposed project, stated that the developer has been installing infrastructure in the area, and the City and neighborhood will be seeing results wi thin the next two years. Mr. Miller gave the background on the progress of the development. Mrs. Jean Hansen, owner of 10 acres on the corner of Ohio and Magnolia Avenue, spoke in support of Tentative Tract No. 14528 in the Verdemont area. She stated that she concurs with the General Plan and would like to see the Verdemont area grow. She asked that the appeal be denied and that development be approved. Council Member Miller made a motion, Member Reilly and unanimously carried, that closed. seconded by Council the public hearing be Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the Mayor and Council deny the appeal and approve Tentative Tract No. 14528 subject to the findings of fact, conditions of approval and standard requirements contained in the December 12, 1989, Planning Commission's staff report (Attachment D); and that the negative declaration be adopted. CONDITIONAL USE PERMIT NO. 89-5 - ADAMS ADVERTISING- REQUEST PERMISSION TO REMOVE BILLBOARD AT 237 EAST 5TH STREET - REPLACE WITH A 42 FOOT BILLBOARD ADJACENT TO I-I0 FREEWAY AT 464 EAST REDLANDS BOULEVARD In an undated staff report Larry Reed, Director of Planning/Building Services, stated that the applicant has requested approval of a written agreement to permit the removal of a billboard adjacent to the Interstate 10 freeway at 464 East Redlands Boulevard. The applicant also requested a height of 42 feet which exceeds the maximum height allowed by San Bernardino Municipal Code 19.60.250 (1) 3. Staff deemed the application for Conditional Use Permit No. 89-5 incomplete. A letter was prepared and sent to the applicant indicating the items necessary to complete the application. A response letter was received stating in part, "the applicant reinspected the property more thoroughly and has determined that the sign height will be 32 feet, therefore the variance application is not necessary." (30) 18 1/22/90 City Administrator Julian stated that Adams Advertising has requested that the appeal be continued to the Mayor and Council meeting of February 19, 1990. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the appeal filed by Adams Advertising to request permission to remove billboard at 237 East 5th Street to replace with a 42-foot billboard adjacent to I-I0 Freeway at 464 East Redlands Boulevard, be continued to the meeting of February 19, 1990 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 19.60.081 THROUGH 19.60.085 OF THE SAN BERNARDINO MUNICIPAL CODE AND REQUIRING AN ANNUAL SIGN CODE INSPECTION STICKER AND INVENTORY PROGRAM, AND REPEALING SECTION 15.04.85(7). (Discussed earlier in meeting, see page 16) (S-3) Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that the proposed sign ordinance be referred back to the Legislative Review Committee. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.04.070 OF THE SAN BERNARDINO MUNICIPAL CODE REQUIRING A FEE FOR APPEAL OF ADMINISTRATIVE DECISIONS TO THE BOARD OF BUILDING COMMISSIONERS. (FIRST) (S-4A) AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTIONS 15.04.080B AND 15.04.085A OF THE SAN BERNARDINO MUNICIPAL CODE INCREASING PLAN REVIEW FEES AND ESTABLISHING A FEE FOR REVIEW OF THE ALTERNATIVE MATERIALS AND/OR CONSTRUCTION METHODS. (FIRST) (S-4B) Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the first reading of said ordinances be waived and said ordinances be laid over for final passage; and that the proposed staffing of a Permit Services Division, to be financed by increased plan checking fees, be referred to the Council Personnel Committee for review and recommendation. RECESS MEETING - CLOSED SESSION At 2:40 p.m., Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the Mayor and Common Council and Community Development Commission recess to closed session for the following: (1 & S-6) a. to give instruction to the CitY's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: . , 19 1/22/90 b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957. e. to confer with the litigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: (1 & S-6) Citv 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; San Bernardino Superior Court Case No. 252058 Sock Dawson. et al vs. City of San Bernardino. et al- United States District Court Case No. SA 88-461 AHS (RWRx); Barron/Alcarez vs. City of San Bernardino - San Bernardino Superior Court Case No. 241692; Reynolds vs. City of San Bernardino Superior Court Case No. 248752; San Bernardino Dudley Brewster. et al vs. Southern Pacific Railroad. et al - San Bernardino Superior Court Case No. 249736; Save San Bernardino vs. City of San Bernardino San Bernardino Superior Court Case No. 250425; C.F.B. Investments. Ltd. vs. City of San Bernardino - United States District Court - Case No. SA CV89-862 JSC (RWRx); Randall vs. City of San Bernardino - San Bernardino Superior Court Case No. 250472; 20 1/22/90 Grady vs. City of San Bernardino - San Bernardino Superior Court Case No. 243287. All American Stirs Cor~oration vs. City of San Bernardino- San Bernardino Superior Court Case No. 252788; Southern Pacific Transportation Company. et al vs. City of San Bernardino San Francisco Superior Court Case No. 877359; Barrera vs. City of San Bernardino Municipal Court Case No. 117307; San Bernardino Bonelli vs. City of San Bernardino - San Bernardino Superior Court Case No. 236473; Gutierrez. John vs. City of San Bernardino - San Bernardino Superior Court Case No. 245168; Harris vs. City of San Bernardino - United States District Court Case No. CV-87-04882 JSL (Gx); Haslam. Ronald vs. City of San Bernardino - San Bernardino Superior Court Case No. 250949; Lucia vs. City of San Bernardino - San Bernardino Superior Court Case No. 251476i McDuffie. Will vs. United States District Court Case No. CV- 88-671 JSL; Wirth vs. City of San Bernardino - San Bernardino Superior Court Case No. 251346; David Perea vs. City of San Bernardino - San Bernardino Superior Court Case No. 237537; David Hernandez YS. City of San Bernardino - San Bernardino Superior Court Case No. 252664. CLOSED SESSION At 2:40 p.m., Mayor Holcomb 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 Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Pope- Ludlam, Miller; City Attorney Penman, City Administrator Julian. Absent: Council Member Minor; Deputy City Clerk Medina. Also present were: Deputy City Attorney Empeno, Deputy City Administrator Robbins, Lorraine Velarde, Executive Assistant to the Mayor. 21 1/22/90 ADJOURN CLOSED SESSION At 3:33 p.m., the closed session was adjourned to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino, California. RECONVENE MEETING At 3:35 p.m., the Adjourned 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 Deputy City Clerk Medina with the following being present: Mayor Holcomb; Council Member Estrada, Reilly, Flores, Maudsley, Miller; City Attorney Penman, Deputy City Clerk Medina, City Administrator Julian. Absent: Council Members Minor, Pope-Ludlam. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF A JOINT POWERS AGREEMENT CREATING THE INLAND VALLEY DEVELOPMENT AGENCY. (Norton) (S-5) Mayor Holcomb urged the Council not to take any action at this time on this resolution approving and authorizing the execution and delivery of a Joint Powers Agreement creating the Inland Valley Development Agency. He stated that the agreement lacks very serious and important provisions as far as the well being of the City of San Bernardino is concerned. The agreement is not in a form that is acceptable for many reasons. These problems need to be resolved prior to the execution of the agreement. Mayor Holcomb pointed out the defaults in the agreement, that would have a impact to the City later in time. He also explained in more detail the weak points in the agreement. Mayor Holcomb stated that the City of San Bernardino would be contributing 85-90 percent of tax increment to the project area. He requested that all the public works agency officials adopt an infrastructure priority plan to identify the needs to make the Norton Air Force Base a viable project. He further stated that at the last meeting, he made it very clear that there had to be an effective veto power over any project or development occurring within the boundaries of any city or within the unincorporated area. In essence this means that each participating city and county would have the final say over any project or development that is to occur within the territorial boundaries of the agency, city or county having land control over the area. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. 22 1/22/90 City Attorney Penman stated that the document presented today is different from the document he reviewed a year ago. He stated that the Charter of the City of San Bernardino requires the City Attorney's Office to approve each agreement before appearing before the Mayor and Council. The City Attorney's office would not be able to approve the document at this time, until some provisions in the agreement are changed. City Attorney Penman pointed out to the Council the corrections that need to be addressed in the agreement prior to receiving approval by the City Attorney's Office. He recommended that the Council not approve this agreement until substantial revisions are made. Mayor Holcomb stated that the City is ready and able to negotiate in good faith with all of the proposed partners, but the City must make it clear to the partners that the negotiations would require an end product where there is a true veto power that can not be exercised by one person. And secondly, all of the funds of the regional agency can only be spent where there is more than a simple majority vote. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said resolution authorizing and executing the Joint Powers Agreement for creating the Inland Valley Development Agency be tabled. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO CONTRACT WITH THE COUNTY OF SAN BERNARDINO ACTING AS THE AREA AGENCY ON AGING APPROVING REVISED BUDGET FOR THE SENIOR NUTRITION PROGRAM TO INCLUDE AN ADDITIONAL ONE-TIME GRANT SUM OF $34,000.00 FOR THE PURCHASE OF RAW FOOD AND EQUIPMENT NECESSARY TO IMPROVE THE MEAL SERVICE FOR THE BUDGET YEAR 1989-90. (Continued from earlier in meeting, see page 6) (10) Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that said resolution authorizing the execution of a contract for the Senior Nutrition Program, be continued to the Council meeting of February 5, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING - CLOSED SESSION At 4:05 p.m., Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the Mayor and Common Council and Community Development Commission recess to closed session for the following: (1 & S-6) a. to give instruction to the CitY's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: . , 23 1/22/90 b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957. e. to confer with the litigation pursuant to 54956.9(b)(I), as there litigation; attorney regarding pending Government Code Section is significant exposure to f. to confer with the attorney regarding Ii tigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: (1 & S-6) 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; San Bernardino Superior Court Case No. 252058 Sock Dawson. et al vs. Ci ty 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; Reynolds vs. City of San Bernardino Superior Court Case No. 248752; San Bernardino Dudley Brewster. et al vs. Southern Pacific Railroad. et al - San Bernardino Superior Court Case No. 249736; Save San Bernardino vs. City of San Bernardino San Bernardino Superior Court Case No. 250425; C.F.B. Investments. Ltd. vs. City of San Bernardino - United States District Court - Case No. SA CV89-862 JSC (RWRx); 24 1/22/90 Randall vs. City of San Bernardino - San Bernardino Superior Court Case No. 250472; Grady vs. City of San Bernardino - San Bernardino Superior Court Case No. 243287. All American Stirs Corporation vs. City of San Bernardino- San Bernardino Superior Court Case No. 252788; Southern Pacific Transportation Company. et al vs. Citv of San Bernardino San Francisco Superior Court Case No. 877 359; Barrera vs. City of San Bernardino Municipal Court Case No. 117307; San Bernardino Bonelli vs. City of San Bernardino - San Bernardino Superior Court Case No. 236473; Gutierrez. John vs. City of San Bernardino - San Bernardino Superior Court Case No. 245168; Harris vs. City of San Bernardino - United States District Court Case No. CV-87-04882 JSL (Gx); Haslam. Ronald vs. City of San Bernardino - San Bernardino Superior Court Case No. 250949; Lucia vs. City of San Bernardino - San Bernardino Superior Court Case No. 251476; McDuffie. Will vs. United States District Court Case No. CV- 88-671 JSL; Wirth vs. City of San Bernardino - San Bernardino Superior Court Case No. 251346; David Perea vs. City of San Bernardino - San Bernardino Superior Court Case No. 237537; David Hernandez vs. City of San Bernardino - San Bernardino Superior Court Case No. 252664. CLOSED SESSION At 4:05 p.m., Mayor Holcomb 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 Holcomb; Council Members Reilly, Flores, Maudsley, Pope-Ludlam, Miller; City Attorney Penman, City Administrator Julian. Absent: Council Members Estrada, Minor; Deputy City Clerk Medina. 25 1/22/90 Also present were: Deputy City Attorney Empeno, Assistant City Attorney Brue, Deputy City Administrator Robbins. COUNCIL MEMBER ESTRADA ARRIVED AT THE CLOSED SESSION Council Member Estrada arrived at the closed session. DEPUTY CITY CLERK MEDINA ARRIVED AT THE CLOSED SESSION Deputy City Clerk Medina arrived at the closed session. ADJOURN CLOSED SESSION At 4:48 p.m., the closed session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino, California. RECONVENE MEETING At 4:48 p.m., Mayor Holcomb reconvened the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino 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 Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Pope- Ludlam, Miller; City Attorney Penman, Deputy City Clerk Medina, City Administrator Julian. Absent: Council Member Minor. ADJOURNMENT At 4:50 p.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 be adjourned to 9:00 a.m., Monday, January 29, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (31) SHAUNA CLARK City Clerk Byy;}IM,i'r/J /fJudinaJ Deputy City Clerk No. of Items: 36 No. of Hours: 6.5 26 1/22/90