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HomeMy WebLinkAbout07-05-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING JULY 5, 1994 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 8:05 a.m., Tuesday, July 5, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; Deputy City Attorney Simmons; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. RECESS MEETING - CLOSED SESSION At 8: 05 a. m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the 1. Pursuant to Government Code Section 54957.6. A. Conference With Labor Negotiator: Aaency Neaotiator: Shauna Clark, City Administrator Employee Oraanization: San Bernardino Public Employees' representing Mid-Management employees Association, 2. Pursuant to Government Code Section 54956.9 (a). A. Conference With Legal Counsel - Existing Litigation: (1) City of San Bernardino vs. Fireman's Fund - San Bernardino Superior Court Case No. 271849; (2) Leslie Bond vs. San Bernardino Development Commission, et al San Superior Court Case No. 276373; Community Bernardino (3) Judy Kay DeVries vs. Countv of San Bernardino - San Bernardino Superior Court Case No. 261909; 1 7-5-94 (4) McNeal vs. City/Mall Court Case No. 09881. San Bernardino Superior B. Conference With Legal Counsel - Anticipated Litigation: (1) Initiation of litigation pursuant to Subdivision (c) of Section 54956.9: Two potential cases. CLOSED SESSION At 8:05 a.m., Mayor Minor 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 by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; Deputy City Attorney Simmons; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. Also present: Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular, supplemental, addendum to the supplemental and Community Development Commission agendas while the Council was in closed session. DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:09 a.m., Deputy City Attorney Simmons left the closed session. CITY ATTORNEY PENMAN ARRIVED At 8:10 a.m., City Attorney Penman arrived at the closed session. COUNCIL MEMBER POPE-LUDLAM & SENIOR ASSISTANT CITY ATTORNEY MORILLO ARRIVED At 8:11 a.m., Council Member Pope-Ludlam and Senior Assistant City Attorney Morillo arrived at the closed session. CITY ATTORNEY PENMAN EXCUSED At 8:17 a.m., City Attorney Penman left the closed session. DEPUTY CITY ATTORNEY EMPENO & PLANNING SERVICES DIRECTOR BOUGHEY ARRIVED At 8:19 a.m., Deputy City Attorney Empeno Building Services Director Boughey arrived at the & BUILDING and Planning & closed session. 2 7-5-94 DEPUTY CITY ATTORNEY EMPENO & PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED At 8:35 a.m., Deputy City Attorney Empeno and Planning & Building Services Director Boughey left the closed session. DEPUTY CITY ATTORNEY SIMMONS RETURNED At 8:35 a.m., Deputy City Attorney Simmons returned to the closed session. DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:38 a.m., Deputy City Attorney Simmons left the closed session. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS & TIM SABO, SPECIAL COUNSEL, ARRIVED At 8:38 a.m., Tim Steinhaus, Agency Administrator, and Tim Sabo, Special Counsel, Economic Development Agency, arrived at the closed session. CITY ATTORNEY At 8 :45 a.m., session. PENMAN RETURNED City Attorney Penman returned to the closed ADJOURN CLOSED SESSION At 8:51 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:00 a.m., Mayor Minor reconvened the 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 by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: None. INVOCATION The invocation was given by Dr. Thomas W. Harvick, Central Christian Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Hernandez. COMMENDATION - AMERICANISM AWARD - WHY WE SHOULD HONOR OUR FLAG - ELKS CLUB (2) 3 7-5-94 J. Lorraine Velarde, Executive Assistant to the Mayor, introduced Mr. Howard McMasters, Americanism Chairman of the Elks Club. Mr. McMasters explained the Americanism Program, and stated that 110 Sixth grade students participated in the writing of essays regarding "Why We Should Honor Our Flag". Mayor Minor presented certificates of commendation to Matthew J. Thomas of Thompson Elementary School and Nicole Martell of St. Adelaide's School. Matthew commendations, Our Flag". Thomas and Nicole Martell accepted their and read their essays regarding "Why We Should Honor ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3) Council Member Curlin announced that the Second Ward Town Hall meeting would be held on July 6, 1994, at 6:30 p.m., at the perris Hill Senior Citizens Service Center, 780 E. 21st Street, San Bernardino; and admonished the Council to address the needs of its citizens. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (3A) Council Member City's image because The Sun newspaper. Hernandez expressed concern regarding the of the negative publicity being exhibited by ANNOUNCEMENT - COUNCIL MEMBER MILLER (3B) Council Member Miller stated that she attended the 4th of July Celebration at Seccombe Lake Park, and commended the individuals involved with the coordination of the event. ANNOUNCEMENT - CITY ATTORNEY PENMAN (3C) City Attorney Penman expressed his appreciation for the 4th of July Celebration held at Seccombe Lake Park. ANNOUNCEMENT - CLOSED SESSION (1) City Attorney Penman announced that the following additional case had been discussed in closed session: Marianne Barklaae vs. City of San Bernardino - Department of Housing & Urban Development Case No. 099422808. 4 7-5-94 ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM (3D) Council Member Pope-Ludlam expressed her appreciation to the youth who participated in the Americanism Program regarding "Why We Should Honor Our Flag". PUBLIC COMMENTS - GARY KIRBY (4) Gary Kirby, 1505 Yardley, San Bernardino, CA, requested that a definitive policy be established regarding which items the public could speak to when the item has been heard before a standing committee; and requested that the parliamentarian bring into accord the rules governing Council meetings. PUBLIC COMMENTS - DEAN GEIB (4A) Dean Geib, a resident of San Bernardino, requested clarification as to when the City-wide Assessment District No. 994 would be heard before the Mayor and Council. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that further reading of the resolutions and ordinances on the regular, supplemental, addendum to the supplemental and Community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: May 16, 1994; May 23, 1994; June 1, 1994; June 13, 1994; June 15, 1994. RES. 94-177 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE FACILITIES MANAGEMENT MANAGER AUTHORITY TO FILE APPLICATION WITH THE CALIFORNIA ENERGY COMMISSION FOR THE ENERGY PARTNERSHIP PROGRAM. (7) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 94-177 was adopted Ayes: Council Members Negrete, Curlin, Devlin, Pope-Ludlam, Miller. Nays: None. by the following vote: Hernandez, Oberhelman, Absent: None. 5 7-5-94 RES. 94-178 - RESOLUTION OF THE CITY OF SAN BERNARDINO ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON SAID PROPERTIES. (8) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 94-178 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-179 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AMENDMENT NO.4 TO THE AGREEMENT BETWEEN THE CITY AND CASA RAMONA, INC. RELATING TO THE OPERATION OF A DROP-IN CENTER LOCATED AT 1524 WEST 7TH STREET, SAN BERNARDINO, CALIFORNIA, TO EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL ONE YEAR PERIOD. (9) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 94-179 was adopted Ayes: Council Members Negrete, Curlin, Devlin, Pope-Ludlam, Miller. Nays: None. by the following vote: Hernandez, Oberhelman, Absent: None. FEDERAL OLDER AMERICAN ACT FUNDS $6,000 SENIOR COMPANIONS FOR THE EAST VALLEY REGION OF SAN BERNARDINO COUNTY - JULY 1, 1994 THROUGH JUNE 30, 1995 - AUTHORIZE APPLICATION & ADMINISTRATION (10) In a memorandum dated June 14, 1994, Annie Ramos, Director of Parks, Recreation & Community Services, stated that the City has the only Senior Companion Program within the region. Therefore, other governmental agencies often seek assistance. The funds requested through the provisions of the Older American Act would provide two (2) companions to serve twelve (12) clients in the East Valley with in-home respite services. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the Director of Parks, Recreation & Community Services Department be authorized to apply for and administer Federal Older American Act Funds in the amount of $6,000 to provide senior companions for the East Valley Region of San Bernardino County for the period of July 1, 1994 through June 30, 1995. 6 7-5-94 ORD. MC-907 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH SPEED ZONES ON "E" STREET/KENDALL DRIVE BETWEEN THIRTIETH STREET AND REVERE AVENUE. Final (11) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said ordinance be adopted. Ordinance No. MC-907 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. CLAIMS AND PAYROLL (12) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated June 20, 1994, from the Finance Director, be approved. PERSONNEL ACTIONS (13) Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated June 23, 1994, in accordance with civil Service Rules and Personnel Policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. RES. 94-180 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CALIFORNIA DEPARTMENT OF FISH AND GAME REGARDING PROPOSED STREAM OR LAKE ALTERATION RELATIVE TO WIDENING THE KENDALL DRIVE AND CAJON BOULEVARD BRIDGES OVER THE DEVIL CANYON CHANNEL. (17) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 94-180 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-181 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 93-153, ENTITLED IN PART: "RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF 7TH STREET BETWEEN "D" STREET AND "E" STREET IN THE CITY OF SAN BERNARDINO...... (18) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. 7 7-5-94 Resolution No. 94-181 was adopted by the following Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Ludlam, Miller. Nays: Council Member Hernandez. Absent: vote: Pope- None. RES. 94-182 - A RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING THE APPROPRIATION LIMIT FOR THE FISCAL YEAR 1994/95 FOR THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA CODE, AND REPEALING RESOLUTION NO. 94-58. (19) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 94 -182 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. ASSESSMENT IMPROVEMENT REDUCE DEBT DISTRICT DISTRICT OBLIGATIONS NO. 985 AUTHORIZE INDUSTRIAL CALLING OF PARKWAY BONDS (20) In a memorandum dated June 21, 1994, Barbara Pachon, Director of Finance, stated that on February 19, 1990, the City issued 1915 Act Limited Obligation Improvement Bonds for Assessment District No. 985 in the amount of $1,101,681.82, which are secured by assessments levied against properties within the district. The bond proceeds were used to finance construction and installation of various public improvements to include street, storm drain and sewer improvements. The improvements have been completed, and no further proj ects are anticipated. The Bond Improvement Fund currently has a balance of $337,506. Pursuant to Section 10427 of the Streets & Highways Code of the State of California, the Mayor and Council could transfer an amount not-to-exceed $1,000 to the General Fund, retain the surplus for maintenance of the improvements, call bonds to reduce outstanding assessments and subsequent assessment installments or use the surplus as a credit upon the assessment in the manner provided for in Section 10427.1. Because the improvements are only a few years old, there are no significant maintenance requirements at this time. Consequently, staff recommends that the surplus be used to call bonds thereby reducing the debt obligations of the residents within the district. Gary Kirby, 1505 Yardley, San Bernardino, CA, requested clarification of the proposed action. Shauna Clark, City Administrator, explained that the proposed action would allow for the reduction of the debt obligation. Council Member Pope-Ludlam made a motion, seconded by Council Member Negrete, and unanimously carried, that the Bond Improvement Fund surplus be used to call bonds and reduce the debt obligations of the residents in Assessment District No. 985. 8 7-5-94 FEE WAIVER - $911.50 - INLAND CITIES HARMONY EXPRESS CHORUS - USE OF STURGES AUDITORIUM (21) In a memorandum dated June 15, 1994, Annie Ramos, Director of Parks, Recreation & Community Services, stated that the Inland Cities Harmony Express Chorus had requested a waiver of fees in the amount of $911.50 for use of Sturges Auditorium on December 9 and 10, 1994. Resolution No. 91-35 allows for the waiver of fees under certain stipulations; however, staff recommends that the request be denied based upon the following: The payment of the fee does not constitute a financial hardship since the event is capable of generating $4,500 through admission fees; the event is not an unusual public event; and the Council has previously taken a position of not waiving fees for Sturges Auditorium to allow for the recovery of operating costs. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the request to waive fees for rental of Sturges Auditorium by the Inland Cities Harmony Express Chorus in the amount of $911.50, be denied. RES. 94-183 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN POLICE RECORDS, DOCUMENTS AND PAPERS, PURSUANT TO SECTIONS 34090, 34090.5 AND 34090.6 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. (22) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 94-183 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-184 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (WEED ABATEMENT) (23) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 94-184 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-185 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, SUCCESSOR TO THE SOUTH SAN BERNARDINO COUNTY WATER DISTRICT, ASSESSING PROPERTIES WITHIN THE PREVIOUS DISTRICT BOUNDARIES IN THE AMOUNT OF $16,625.00 FOR THE FISCAL YEAR 1994/95. (24) 9 7-5-94 Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 94-185 was adopted Ayes: Council Members Negrete, Curlin, Devlin, pope-Ludlam, Miller. Nays: None. by the following vote: Hernandez, Oberhelman, Absent: None. CITY ATTORNEY'S OFFICE AUDIT - REFERRAL BY PERSONNEL COMMITTEE - 1994 IMPLEMENTATION PLAN CONTINUED FROM JUNE 20, (25) This is the time and place continued to consider the referral by the Personnel Committee that the Mayor and Council review the implementation plan for the audit of the City Attorney's Office. In a document dated June 1994, Administrator, provided an updated schedule the management audit of the City Attorney's Shauna Clark, City for implementation of Office. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the document submitted by the City Administrator be selected as the implementation plan for the City Attorney's audit. (Note: There was no vote taken.) A discussion ensued regarding the implementation plan for the management audit of the City Attorney's Office, the effect of the deletion of the two Investigator positions and the Legal Secretary Trainee position, would have on the implementation plan; the recommendations made by the Harvey Rose Management Audit and the actions taken to effectuate the recommendations. Council Member Miller made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to August 1, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 9:57 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:04 a.m., Mayor Minor reconvened the 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 by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: None. 10 7-5-94 PUBLIC HEARING RENTAL HOUSING INSPECTION PROGRAM SELECT PROGRAM ALTERNATIVE & FUNDING MECHANISM (14) This is the time and place set consider the adoption and to determine rental housing inspection program. for a public hearing to a funding mechanism for a In a memorandum dated July 5, 1994, Shauna Clark, City Administrator, provided information relative to the success realized by the Cities of Azusa and Santa Ana, California and Mesa, Arizona, through the implementation of rental housing inspection programs; and how these programs relate to the City of San Bernardino. Mayor Minor opened the hearing. Shauna Clark, City Administrator, made a presentation regarding the proposed rental housing inspection program, provided a synopsis of the three alternatives presented at the Mayor and Council meeting of June 6, 1994, and explained the programs for the City of Azusa, California and Mesa, Arizona. Discussion ensued concerning the correlation of crime to rental housing, single-room occupancy units, the demographics of the Cities of Santa Ana and Azusa, California and Mesa, Arizona; and the various aspects of the proposed rental housing inspection program. Concern was expressed relative to the expense of operating a rental housing inspection program and the effect it would have on the already depressed rental market. A discussion was held regarding the causes for the influx of rental property, the administration of the rental housing inspection programs for the City of Santa Ana, California and Mesa, Arizona; available funding for the inception of a rental housing inspection program and various aspects of the program. James Wirth, support for the program. 1980 Sierra Way, implementation of San Bernardino, CA, expressed a rental housing inspection David Schulze, 1st Vice President, San Bernardino Valley Association of Realtors, 1798 North "D" Street, San Bernardino, CA, expressed support for a surcharge against those individuals who are not in compliance; and urged the Mayor and Council to continue the matter to mesh the ideas of the Board of Realtors and City staff. Larry Singleton, 265 W. 21st Street, San Bernardino, CA, expressed concern regarding the deterioration of rental properties. 11 7-5-94 Helen Martinez, 212 E. Palmyra Drive, San Bernardino, CA, expressed opposition to the establishment of a surcharge because of the already increasing expense to property owners. Helen Kopczynski, 8150 Cable Canyon, San Bernardino, CA, encouraged the Mayor and Council to consider utilizing the 20 percent set-aside funds within the Economic Development Agency to assist property owners in the upkeep of their properties and as a subsidy to the rental housing inspection program. Gary Kirby, 1505 Yardley, San Bernardino, CA, inquired about the current $60 annual business registration fee being levied on rental property. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired about the current business registration fee for rental property. Mike Moll, 6705 N. Steven Way, San Bernardino, CA, stated that he moved from Mesa, Arizona, and the demographics do not compare to that of the City of San Bernardino. City Administrator Shauna Clark answered questions regarding the business registration fee, the allocation of funds for the business registration fee, the proposed program alternatives for the rental housing inspection program; and clarified that she had previously stated that she could not provide a comparison of Mesa, Arizona to the City of San Bernardino, but could only respond to its program. Discussion continued regarding the various rental housing inspection program, and the registration fee levied on rental property. proponents to the current business ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.527 TO THE MUNICIPAL CODE TO ESTABLISH A RESIDENTIAL RENTAL SURCHARGE IN THE BUSINESS REGISTRATION FEE. First (14) Council Member Miller made a motion, seconded by Council Member Negrete, that the matter be referred to the task force established by the Mayor to come up with a fourth alternative, and that the matter be referred back to the Mayor and Council. (Note: The motion was subsequently amended.) A discussion was held concerning the members of the Housing Committee being placed on the task force, and the purpose for the task force. Council Member Miller amended her motion, seconded by Council Member Negrete, that the matter be referred to the task force established by the Mayor; and that the task force bring a specific proposal to the Housing Committee. 12 7-5-94 Council Member Devlin made a substitute motion, seconded by Council Member Curlin, that the rental housing inspection program be approved in concept and not necessarily in the form of the options presented; that the City Administrator and staff be directed to work through the Housing Committee and a Blue Ribbon Committee to be appointed by the Mayor and bring back specific proposals to the Mayor and Council. (Note: The motion was subsequently amended.) A discussion was held regarding the substitute motion. Council Member Devlin amended his substitute motion, seconded by Council Member Curlin, and unanimously carried, that the rental housing inspection program be approved in concept and not necessarily in the form of the options presented; that the City Administrator and staff be directed to work through the Housing Committee and a Blue Ribbon Committee to be appointed by the Mayor and bring back specific proposals to the Council; and that the members of the Housing Committee be appointed to the Blue Ribbon Committee. COUNCIL MEMBERS HERNANDEZ & POPE-LUDLAM EXCUSED At 11:52 a.m., Council Members Hernandez and Pope-Ludlam left the Council meeting. PUBLIC HEARING - ASSESSMENT DISTRICT NO. 991 INCREASE - CONFIRM 1994-95 ASSESSMENT ROLL - LANDSCAPING MAINTENANCE - VERDEMONT & OLIVE AREA - CONTINUED FROM JUNE 27, 1994 - DISCUSSED LATER IN THE MEETING - SEE PAGE 16 (15) This is the time and place continued for a public hearing to consider an increase to Assessment District No. 991, and to confirm the 1994-95 assessment roll for the Verdemont and Olive area. A discussion ensued as to whether the public hearing had been closed at the Mayor and Council meeting of June 27, 1994. Council Member Devlin made a motion, Member Oberhelman, and unanimously carried, the public hearing. seconded by Council to reconsider opening Council Member Devlin made a Member Oberhelman, and unanimously hearing. motion, carried, seconded by Council to open the public Mayor Minor opened the hearing. COUNCIL MEMBER HERNANDEZ RETURNED At 11: 54 a. m., Council Member Hernandez returned to the Council meeting and took his place at the council table. 13 7-5-94 Mike Moll, 6705 N. Steven Way, San Bernardino, CA, provided the Council with correspondence dated February 23, June 27 and 30, 1994, relative to the administration of Assessment District No. 991; and expressed opposition to the assessment district increase because of the poor quality of landscape services being provided by the contractor. COUNCIL MEMBER POPE-LUDLAM RETURNED At 11: 55 a. m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. COUNCIL MEMBER CURLIN EXCUSED At 11:55 a.m., Council Member Curlin left the Council meeting. City Clerk Rachel Clark clarified that the public hearing was continued from the Mayor and Council meeting of June 27, 1994. Verne regarding assessment Nadeau, Real Property the costs associated districts. Supervisor, with the answered questions administration of Jeff Wright, P. O. Box 2341, San Bernardino, CA, asked how the contractors are being monitored in performance of their duties for assessment districts. CITY CLERK RACHEL CLARK EXCUSED At 12: 05 p. m., City Clerk Rachel Clark left the Council meeting and was replaced by Deputy City Clerk Cordova. Gary Kirby, 1505 Yardley, San Bernardino, CA, concern regarding assessment district administration monitoring the performance of contractors. expressed leniency in Terry Moll, 6705 N. Steven Way, San Bernardino, CA, expressed opposition to the proposed Assessment District No. 991 increase because of the poor quality of landscape services being provided by the contractor. RES. 94-186 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994-95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 991, LANDSCAPING MAINTENANCE, VERDEMONT AND OLIVE AREA. (Continued from June 27, 1994) (Discussed later in the meeting) (See page 16) (15) Council Member Hernandez made a motion, Member Oberhelman, and unanimously carried, closed. seconded by Council that the hearing be CITY CLERK RACHEL CLARK RETURNED At 12:11 p.m., City Clerk Rachel Clark returned to the Council meeting. 14 7-5-94 Concern was expressed regarding the of contracts, and the program used performance within assessment districts. process for cancellation to monitor contractor Council Member Hernandez made a motion, seconded by Council Member Negrete, that the protests, if any, on the increase of assessments on Assessment District No. 991, be overruled; that said resolution be adopted; and that the problems identified be referred to the Legislative Review Committee. The motion failed by the following vote: Ayes: Council Members Negrete, Hernandez, Pope-Ludlam, Miller. Nays: Council Members Oberhelman, Devlin. Absent: Council Member Curlin. (Note: Because there were protests in excess of 50 percent, the motion required a 5/6 or 6/7 vote to adopt the resolution.) RECESS MEETING At 12:21 p.m., the regular meeting of the Mayor and Common Council recessed to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:02 p.m., Mayor Minor reconvened the 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 by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Empeno; City Clerk Rachel Clark. Absent: Council Member Curlin; City Administrator Shauna Clark. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 93-06 CONDITIONAL USE PERMIT NO. 93-27 RESIDENTIAL CARE FACILITY FOR TREATMENT OF DRUG & ALCOHOL ADDICTS - 596 W. 6TH STREET - CONTINUED FROM JUNE 6, 1994 (27) This is the time and place continued for a public hearing to consider the approval of General Plan Amendment No. 93-06 and Conditional Use Permit No. 93-27 to operate a state licensed 40- patient residential care facility for the treatment of recovering drug and alcohol addicts at 596 W. 6th Street. Al Boughey, Director of Planning & Building Services, provided a synopsis of the action taken relative to General Plan Amendment No. 93-06 and Conditional Use Permit No. 93-27. Deputy City Attorney Empeno stated that a letter dated June 13, 1994, was forwarded to Ms. Barklage asking various questions concerning the operation of a state licensed 40-patient residential 15 7-5-94 care facility for the treatment addicts at 596 W. 6th Street; received. of recovering drug and alcohol however, no response had been COUNCIL MEMBER CURLIN RETURNED At 2:06 p.m., Council Member Curlin returned to the Council meeting and took his place at the council table. Marianne Barklage, P. O. Box 6388, Orange, CA, stated that the Department of Housing & Urban Development had advised her not to respond to the letter; and answered questions regarding General Plan Amendment No. 93-06 and Conditional Use Permit No. 93-27 to operate a state licensed 40-patient residential care facility for the treatment of recovering drug and alcohol addicts at 596 W. 6th Street. Deputy City Attorney Empeno advised the Mayor and Council to continue the matter to August 1, 1994. Council Member Curlin, made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be continued to August 1, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SENIOR ASSISTANT CITY ATTORNEY BARLOW ARRIVED At 2:30 p.m., Senior Assistant City Attorney Barlow arrived at the Council meeting and replaced Deputy City Attorney Empeno. RECONSIDER - PUBLIC HEARING - ASSESSMENT DISTRICT NO. 991 INCREASE - CONFIRM 1994-95 ASSESSMENT ROLL - LANDSCAPING MAINTENANCE - VERDEMONT & OLIVE AREA - CONTINUED FROM JUNE 27, 1994 - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 13 (15) RECONSIDER - RES. 94-186 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994 - 95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 991, LANDSCAPING MAINTENANCE, VERDEMONT AND OLIVE AREA. (Continued from June 27, 1994) (Discussed earlier in the meeting) (See page 14) (15) This is the time and place set to reconsider the previous action taken to confirm the 1994/95 assessment roll for Assessment District No. 991. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the previous action taken to close the hearing; that the protests, if any, on the increase of assessments on Assessment District No. 991, be overruled; that said resolution be adopted; and that the problems identified be referred to the Legislative Review Committee, be reconsidered. 16 7-5-94 Mayor Minor opened the hearing. Senior Assistant City Attorney Barlow stated that pursuant to the provisions of Section 12.90.040 (D) of the Municipal Code, a 4/5, 5/6 or 6/7 vote is required to overrule a majority protest for assessment districts. He explained that if the resolution was not adopted, the assessment district would have to remain at its previous level of service. Roger Hardgrave, stated that Assessment to $234.99 per year. Director of Public Works/City Engineer, District No. 991 has increased from $157.63 Jeff wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to the reconsideration of the matter. Mike Moll, 6705 N. Steven way, San Bernardino, CA, expressed opposition to the assessment district increase because of the poor landscape services being provided by the contractor. A discussion ensued regarding the impact a negative vote would have on the assessment district. Director Hardgrave answered questions regarding the increase to Assessment District No. 991. Verne Nadeau, Real Property Supervisor, answered questions regarding the costs associated with the assessment district and the performance of the contractor. Mr. Moll reiterated that the residents are unhappy about the landscape services being provided by the contractor and the charges incurred by the assessment district. Ed Yelton, Superintendent of Parks, answered questions concerning the inspection services provided. City Engineer Hardgrave stated that there are 24 assessment districts within the City, which amounts to 10 contracts. Seven (7) contracts are awarded to the same contractor who provides services for Assessment District No. 991. CITY CLERK RACHEL CLARK EXCUSED At 2:59 p.m., City Clerk Rachel Clark left the Council meeting and was replaced by Deputy City Clerk Cordova. Concern was expressed relative to the services provided by assessment district landscape contractors. Gary Kirby, 1505 concern regarding the contractors, and the Yardley, San Bernardino, CA, expressed services being provided by landscape administrative costs associated with 17 7-5-94 assessment districts. Terry Moll, 6705 N. Steven Way, San Bernardino, CA, expressed opposition to the increase within Assessment District No. 991 because of the poor quality of landscape services provided by the contractor. John Thur, 3936 N. Golden, San Bernardino, CA, opposition to the Assessment District No. 991 increase the lack of services demonstrated by the contractor. expressed because of CITY CLERK RACHEL CLARK RETURNED At 3:09 p.m., City Clerk Rachel Clark returned to the Council meeting. Concern was expressed regarding the amount of inspection charges being incurred within assessment districts. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the hearing be closed. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the general oversight of assessment districts and cost allocation be referred to the Legislative Review Committee for discussion and study. The Members Miller. motion carried by the following vote: Ayes: Council Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Nays: Council Member Devlin. Absent: None. Council Member Devlin changed his no vote to a yes vote. The motion carried by the following vote: Members Negrete, Curlin, Hernandez, Oberhelman, Ludlam, Miller. Absent: None. Ayes: Council Devlin, Pope- Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the protests, if any, on the increase of assessments on Assessment District No. 991, be overruled, and that said resolution be adopted. The motion failed by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam, Miller. Nays: Council Members Oberhelman, Devlin. Absent: None. (Note: The motion required a 6/7 vote.) council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted and amended by interlineation from $32,428.62 to last year's amount of $21,752.94, and confirm the fiscal year 1993/94 assessment roll for fiscal year 1994/95. 18 7-5-94 The motion failed by the following vote: Ayes: Council Members Oberhelman, Devlin, Pope-Ludlam. Nays: Council Members Negrete, Curlin, Hernandez, Miller. (Note: Because the motion did not reflect an increase to the assessment district, the majority vote was not required.) Council Member Hernandez changed his no vote to a yes vote. The motion carried and Resolution No. 94-186 was adopted by the following vote: Ayes: Council Members Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: Council Members Negrete, Curlin, Miller. Absent: None. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 3:22 p.m., City Administrator Shauna Clark left the Council meeting. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 3:22 p.m., Chairman Minor called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. BOYS & GIRLS CLUB - REROOF & REPLACE AIR CONDITIONING UNITS - ADVERTISE FOR BIDS (R-5) In a memorandum dated June 27, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that the plans for the improvements to the Boys & Girls Club have been prepared, and the proj ect is now ready to be advertised for bids. The proj ect consists of removing and replacing the existing rock roof and removing the 11 roof-mounted heating ventilation air conditioning (HVAC) units and replacing them with new energy-efficiency units. The estimated project cost is $127,000, and an application has been submitted to Southern California Edison Company for a rebate on the energy that would be saved. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the plans for reroofing and replacing the air conditioning units at the Boys & Girls Club, in accordance with Plan No. 9109, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At this time, the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items. RECESS MEETING At 5:49 p.m., Mayor Minor declared a ten-minute recess. 19 7-5-94 RECONVENE MEETING At 5:59 p.m., Mayor Minor reconvened the 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 by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Curlin. COUNCIL ACTION - 1994 CHAMBERS SECURITY DISCUSS & TAKE POSSIBLE COUNCIL MEMBER CURLIN - CONTINUED FROM JUNE 6, (26) This is the time and place continued to discuss and take possible action regarding Council Chambers security. Council Member Oberhelman made a motion, seconded Member Devlin, and unanimously carried, that the continued to July 18, 1994, in the Council Chambers of 300 North "D" Street, San Bernardino, California. by Council matter be City Hall, PUBLIC MEETING - CENTRAL CITY PARKING DISTRICT - CONFIRM ANNUAL 1994/95 ASSESSMENT ROLLS (16) This consider District. is any the time protests and place relative set for a public meeting to to the Central City Parking In a memorandum dated June 13, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that notices were mailed to all affected property owners on June 15, 1994, stating the name and number of the assessment district, the amount of the proposed assessment and the date, time and place for the public meeting and public hearing to be held relative to the increased assessments for the Downtown Parking District, Roll One, and for the expansion of Facilities Parking Assessment, Roll Two. Roll One has increased because of the reduction in contributions from last year's amount, and the total amount to be assessed for Roll Two did not increase; however, some of the individual assessments may have increased. No action can be taken on the protests at this time and are to be carried over to the hearing scheduled for August 1, 1994. In a document dated June 30, 1994, Phil Arvizo, Executive Assistant to the Council, stated that Council Member Miller had received a call from Irmi Blum stating that she could not be present at the Mayor and Council meeting of July 5, 1994, and wished to protest against the increase to the Central City Parking District. Consequently, Council Member Miller is requesting that 20 7-5-94 Ms. Blum's phone call be considered as a formal protest. Mayor Minor opened the public meeting. Edward Blevins, a resident of San Bernardino, CA, inquired about the increase to Roll One within the Central City Parking District. Roger Hardgrave, Director of Public Works/city Engineer, stated that only one protest was received out of 50-60 property owners; and answered questions regarding the parking structures within the Central City Parking District. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired about the boundaries of the Central City Parking District. Director Hardgrave answered questions concerning the parking structures within the Central City Parking District. COUNCIL MEMBER At 6:05 p.m., meeting. HERNANDEZ EXCUSED Council Member Hernandez left the Council RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994-95 ASSESSMENT ROLL, EXPANSION OF FACILITIES FOR THE CENTRAL CITY PARKING DISTRICT. (16A) RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994-95 ASSESSMENT ROLL, CENTRAL CITY PARKING DISTRICT FOR OPERATION, MAINTENANCE AND SECURITY. (16B) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the public meeting relative to increased assessments for the Central City Downtown Parking District assessment and for the expansion of facilities assessment be closed, and that the protests, if any, be carried over to the public hearing scheduled for August 1, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER HERNANDEZ RETURNED At 6: 07 p. m., Council Member Hernandez returned to the Council meeting and took his place at the council table. RES. 94-187 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE 15 POINT AMENDMENT TO FOOD SERVICE AGREEMENT SUMMER FOOD SERVICE PROGRAM, ATTACHED AS ATTACHMENT 2 OF THE AGREEMENT, WITH THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES AND SNACKS TO CITY'S SUMMER LUNCH SITES. (8-1) 21 7-5-94 Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 94-187 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Curlin. RES. 94-188 - RESOLUTION OF THE CITY OF SAN BERNARDINO REQUESTING THE TRANSFER OF MEASURE I FUNDS FROM SEGMENT 11 OF STATE ROUTE 30 TO I-215. (8-2) A discussion was held regarding the transfer of funds from Segment 11 of State Route 30. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired as to what area would be affected by the transfer of funds. Council Member Negrete made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 94 -188 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Curlin. AUGMENT CODE COMPLIANCE DIVISION - PLANNING & BUILDING SERVICES DEPARTMENT - COUNCIL MEMBER CURLIN (8-3) In a memorandum dated June 29, 1994, Council Member Curlin stated that the Code Compliance Division of the Planning & Building Services Department is understaffed and the image of the City is suffering as a result. Consequently, it is appropriate to consider the augmentation of the Code Compliance Division. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to July 18, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONSIDER - DELETION OF TWO INVESTIGATOR POSITIONS - CITY ATTORNEY'S BUDGET - FISCAL YEAR 1994/95 - REINSTATE POSITIONS & ADJUST BUDGET (8-4) In a memorandum dated June 28, 1994, James Penman, City Attorney, requested that the Mayor and Council reconsider the action taken to delete the two investigator positions from the City Attorney's fiscal year 1994/95 budget, that the two positions be reinstated and that approval be granted for salary and benefit increases for the two investigators. 22 7-5-94 In a memorandum dated June 30, 1994, Senior Assistant City Attorney Barlow, stated that the removal of the two investigator positions deprives the elected City Attorney of staff required for the effective functioning of the office and therefore the removal is unlawful. Consequently, the City Attorney's Office declined to dismiss the two investigators pending City Council reconsideration of the matter. Mayor Minor stated that in response to Senior Assistant City Attorney Barlow's memorandum dated June 30, 1994, he has instructed the Finance Director to cease providing compensation to the two investigators after June 30, 1994. Council Member Oberhelman made a motion, seconded by Council Member Miller, that the Mayor and Council approve the reconsideration of the Council action taken to delete the two investigator positions from the City Attorney's fiscal year 1994/95 budget. The Members Negrete, motion failed by the following vote: Ayes: Oberhelman, Devlin, Miller. Nays: Council Hernandez, Pope-Ludlam. Absent: Council Member Council Members Curlin. RES. 94-189 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF FULLERTON, LEMANN, SCHAEFER & DOMINICK. (AS-l) City Attorney Penman stated that in a previous closed session, the Council voted to approve the hiring of the law firm of Fullerton, Lemann, Schaefer & Dominick; therefore, the contract is submitted for approval. Concern agreement it City. was expressed that within the contents of the notes that the rates may change without notice to the Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted by interlineation to delete the following sentences on Page One of Attachment A: "Our current billing rates may change from time to time without notice to you. In the event that rates change, you will be billed at the new rate. II The motion carried and Resolution No. 94-189 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Curlin. 23 7-5-94 LETTER FROM FLORENTINO GARZA, ATTORNEY AT LAW - WRIT OF MANDATE - TWO CITY ATTORNEY INVESTIGATOR POSITIONS (NB-l) In a letter dated July 5, 1994, Florentino Garza, Attorney at Law, Garza & Reyes, 290 North "D" Street, Suite 901, San Bernardino, CA, stated that on July 6, 1994, in the Superior Court of the County of San Bernardino, California, a petition would be filed on behalf of certain taxpayers for a Writ of Mandate requesting the Superior Court to direct the Mayor and Council to reinstate the two investigator positions which were deleted from the City Attorney's staff by the Mayor and Council's actions of June 15 and 24, 1994. A hearing for a temporary order will be set for July 7, 1994, and the time as well as the department number will be provided as soon as the information becomes available. The basis for the petition is that said actions are an illegal attempt to deprive the elected City Attorney of his capacity to perform the required and lawful duties of his office. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the matter arose subsequent to the posting of the agenda; and that the Mayor and Common Council adjourn to closed session to discuss the potential for significant exposure to litigation pursuant to Section 54956.9, Subsection (b). RECESS MEETING - CLOSED SESSION (NB-l) At 6:21 p.m., the Mayor and Common Council recessed to closed session to discuss the potential for significant exposure to litigation pursuant to Section 54956.9, Subsection (b) of the California Government Code. CLOSED SESSION At 6:21 p.m., Mayor Minor 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 by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Curlin, City Attorney Penman. ADJOURN CLOSED SESSION At 6: 44 p. m., the closed session adj ourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 6:44 p.m., Mayor Minor reconvened the 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 24 7-5-94 Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Devlin, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Curlin, Pope-Ludlam. ADJOURNMENT At 6:45 p.m., the regular meeting Council adjourned. The next meeting will at 8:00 a.m., in the Council Chambers of street, San Bernardino, California. (28) of the Mayor and Common be held on July 18, 1994, City Hall, 300 North "D" RACHEL CLARK City Clerk By: ~'~~<l&~ anna Cordova eputy City Clerk No. of Items: 43 No. of Hours: 9 25 7-5-94