HomeMy WebLinkAbout02-12-1991 Minutes
City of San Bernardino, California
February 12, 1991
This is the time and place set for an Adjourned Regular
Meeting of the Mayor and CO\lll1lon Council of the City of San
Bernardino at the Adjourned Regular Meeting held at 10:00 a.m.,
on Monday, February 11, 1991, in the Management Information
Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San
Bernardino, California.
The City Clerk has caused to be posted the Order of
Adjournment of said meeting held on Monday, February 11, 1991,
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 3:00 p.m., on Monday, February 11, 1991, on the door of the
place at which said meeting was held.
The Adjourned Regular Meeting of the Mayor and Common
Council was called to order at 10:13 a.m., Tuesday, February 12,
1991, by Mayor Pro Tempore Reilly in the Management Information
Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by Deputy City Clerk Reese with the
following being present: Mayor Pro Tempore Reilly, Council
Members Reilly, Flores; Deputy City Attorney Barbara Skropos,
Deputy City Clerk Reese, City Administrator Edwins. Absent:
Mayor Holcomb; Council Members Estrada, Maudsley, Minor, Pope-
Ludlam, Miller.
ANNOUNCEMENT BY MAYOR PRO TEMPORE REILLY - LACK OF
A QUORUM
Mayor Pro Tempore Reilly announced that due to the lack of a
quorum, the meeting would proceed as the Development Code Task
Force Committee.
WORKSHOP - FINAL DRAFT OF THE DEVELOPMENT CODE -
CONTINUED FROM FEBRUARY 11, 1991 (1)
This is the time and place continued to for consideration of
the Draft Development Code.
RESIDENTIAL DISTRICTS CHAPTER
Second Dwellina Unit/"Grannv" Housina Desian Standards.
Paaes 11-28 and 11-29
Mr. David SChulze, San Bernardino Valley Association of
Realtors, 1798 North "D" Street, San Bernardino, California,
expressed concern regarding Item 9 of the design standards for
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second unit, or "Granny" housing, page 11-29. He suggested that
in some circumstances the unit should be separately metered for
utilities. He suggested that Item 9 be amended to indicate that
the second dwelling unit mav be separately metered, depending on
circumstances, based on design, layout and proximity to electric
and gas company lines and services.
City Administrator Edwins expressed concern that San
Bernardino had a great deal of substandard housing, and that
separate utility meters are normally installed for rental
property.
Mr. Schulze also raised questions regarding deed
restrictions, Item 10, page 11-29. He explained that he had
forwarded a copy of the proposed language to the California
Association of Real tors legal staff in Los Angeles, and asked
whether State law required that deed restrictions be imposed on
properties that would be converted for this use. Legal staff
indicated that there was no requirement in State law that such
provisions be imposed.
Mr. Schulze explained that the provisions require that
"Grandma" live in the principal residence, although she may
prefer to live in the smaller unit. He recommended that no deed
restriction be required, but that if one must be in place, that
it not specifically require the owner-occupancy of the principal
unit.
Mrs. Edwins urged that the restriction be retained. She
explained that statistics prove that San Bernardino had a
disproportionate share of absentee landlords and rental housing,
and an adequate supply of affordable housing.
Larry Reed, Director, Planning and Building Services
Department, explained that by requiring that the property be
owner-occupied, there is some protection because owners take
better care of property than absentee landlords.
A discussion was held regarding housing conditions in San
Bernardino compared to other areas in the State.
Paragraph 9, page 11-29, was amended to read as follows:
"The second dwelling unit may be metered separately from the main
dwelling for gas, electricity, and water/sewer services."
Paragraph 10, page 11-29, was amended to read as follows:
"Prior to issuance of a building permit for the second dwelling
unit, a covenant of restriction to run with the land, shall be
recorded which specifies that the use of the second unit as an
independent dwelling may continue only as long as one unit on the
property is owner-occupied."
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OFF-STREET PARKING STANDARDS CHAPTER
6. Landscapina. Paaes 111-60 and 111-61
Mr. Schulze explained that the Local Government Affairs
Committee of the San Bernardino Valley Board of Realtors had
concerns regarding the proposed increase of the landscaping
requirement for parking from 5% to 15% of the gross parking area,
and recommended that the 5% landscaping requirement be retained.
John Montgomery, Principal Planner, Planning and Building
Services Department, recommended that the proposed 15% figure be
retained. No changes were made at this time.
ADMINISTRATION CHAPTER
19.32.030 Applicabilitv. Paae IV-5
Mr. Montgomery answered questions regarding the time frame
for completion of the certificate of occupancy process.
Larry Reed answered questions relative to the broad
classification of uses, and explained that a certificate of
occupancy is not needed when there is a change of business, but
not a change of Building Code classification.
Mr. Reed stated there is a backlog of pending certificates
of occupancy which are causing delays, and suggested that the
certificate of occupancy process be separated from the Business
License requirement. He explained that most cities do not tie
business licenses to a certificate of occupancy.
Director Reed explained that the certificate of occupancy is
issued at the end of the building process, and indicates that all
requirements and inspections have been met. It also indicates
that the owner is responsible for maintaining the building up to
the Code under which it was built, and the occupancy
classification should not be changed to another use that is not
permitted in that category.
City Administrator Edwins agreed that separating the
business license process from the certificate of occupancy
process would be helpful. She explained that it would expedite
the business licenses process, and provide the City with much
needed revenue. She also suggested that a disclaimer be put on
the business license that makes it clear that it is not a permit
to occupy the building, and that a valid certificate of occupancy
must be obtained.
Mrs. Edwins explained that one negative aspect of separating
the two processes would be the lack of follow-through calls made
by the Business License Division relative to certificates of
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.,--------------~-_._--
occupancy, through their code enforcement work. However, the
Business License Division could focus on collecting revenue and
not be detained by the certificate of occupancy process.
Discussion ensued regarding enforcement of the requirement
for a certificate of occupancy, and that routine inspections have
been difficult to implement because of lack of manpower.
Shauna Edwins explained two problems that have curtailed
regular fire inspections, the pending Charlotte Reynolds lawsuit
relative to fire inspectors, and an inadequate computer system..
Dan Dickerson, Fire Marshal, explained the need for an
adequate computer system in the Fire Department to assist their
working with the Business License Division.
Lee Gagnon, Supervisor, Business License Division, explained
that work is being done on the computer system so that the Fire
Department will have access to the screens.
City Administrator Edwins suggested that a trial separation
of business licenses and certificates of occupancy be tried for
one year, beginning July 1, 1991.
John Montgomery
deletion of Item No.
business license.
answered
3, page
questions, stating that the
IV-5, deletes references to a
Council Members Reilly and
trial separation of business
occupancy processes.
Flores agreed with the proposed
licenses and certificates of
Item 1, page IV-5, was amended to read as follows: "An
application for a structure which is to be relocated, remodeled,
or erected shall be filed at least 30 days prior to the intended
occupancy. "
Item 2, page IV-5, was amended to read as follows: "An
application for a Certificate of Occupancy for the use of vacant
land or structure(s), or a change in occupancy shall be filed at
least 30 days prior to the intended use inauguration; and"
Item 3, page IV-5, was deleted.
New Item 3, page IV-5, (previously
adding "A temporary" at the beginning
changing "10 days" to "14 days".
item 4) was amended by
of the paragraph and
19.34 Home Occupation Permits. Paae IV-6
John Montgomery explained that language from Ordinance MC-
671 should be inserted in the second paragraph of Section
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-'--"-"'-'-'---~--~--"-~~-'~-----"'-- .-.-----., .-.---
19.34.020,
occupation
address.
Page
that
IV-6,
are
which would exempt those types of home
merely using the home for a business
Mr. Montgomery answered questions regarding music lessons,
academic tutoring and religious instruction.
John Montgomery stated that the
reviewed are those that have some
neighborhood. He also proposed to
occupancy permit, as the rates are very
conditions that should be
type of impact on the
reduce fees for a home
high at the present time.
No changes were made.
19.36 Temporarv Use Permits. Paaes IV-9 throuah IV-12
City Administrator Edwins explained that problems had
occurred with temporary use permits and felt restrictions should
be implemented to prevent the sale of items in vacant lots
throughout the City. She explained that portions of Perris Hill
Park have booths for the sale of a variety of items.
Larry Reed answered questions, stating that if the City ever
wanted to permit a farmers' market, a designated area could be
selected and conditions set forth to allow that use.
A discussion was held regarding allowing the sale of items
in booths in other parks in the City.
John Montgomery answered questions, stating that the
proposed fee for temporary use permits is $256. This is
considerably less than the conditional use permit fee which
would be required at this time for a temporary use permit.
Item 6, page IV-9, was amended by deleting the following:
"Other seasonal product sales, such as pumpkins, and. . ."
19.38 Minor Modification. Paae IV-13
Discussion ensued regarding this section; however, no
changes were made.
19.40 Minor Exceptions. Paaes IV-14 throuah IV-17
A discussion was held regarding this section; however, no
changes were made.
19.42 Variances. Paaes IV-18 throuah IV-21
Discussion ensued regarding this section; however, no
changes were made.
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.~_..._--_._-------_.~-_.-.--,._----_._-----_.
19.44. Development Permits. Paaes IV-22 throuah IV-25
Mr. Montgomery explained that this section has
"Development Permits", and explained provisions
19.44.050, "Hearings and Notice", on page IV-23.
been renamed
of Section
19.44.060 Development Permit Ex~iration. Paae IV-24
This section was amended by adding the following: "In
addition, if after commencement of construction, work is
discontinued for a period of one year, then the (insert type of
permit) shall become null and void. Projects may be built in
phases if pre approved by the review authority. If a project is
buil t in pre approved phases each subsequent phase shall have 1
year from the previous phase's date of construction commencement
to the next phases's date of construction commencement to have
occurred, or the (insert type of permit) shall become null and
void. II
John Montgomery answered questions
bonds, and stated that a performance bond
condition of approval, for conditional use
permits.
regarding performance
can be required, as a
permits or development
19.46.070 Conditional Use Permit Expiration. paae IV-28
This section was amended by adding the following: "In
addition, if after commencement of construction, work is
discontinued for a period of one year, then the (insert type. of
permit) shall become null and void. Projects may be built in
phases if pre approved by the review authority. If a project is
buil t in preapproved phases each subsequent phase shall have 1
year from the previous phase's date of construction commencement
to the next phases's date of construction commencement to have
occurred, or the (insert type of permit) shall become null and
void. "
19.48.160 Expiration. Paaes Iv-38 and IV-39
Mr. Montgomery explained provisions of the Subdivision Map
Act which had been amended to provide that the final map had to
be filed for processing within 24 months of approval of the
tentative tract map. The City's present code requires that the
final map shall be recorded within 24 months, and explained these
two are in conflict and need to be resolved, as the present City
Code is stricter than State law.
It was pointed
Barlow had worked on
recommendations.
out that Senior Assistant City Attorney
this question, and would be contacted for
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--_._----_.-~---------,,--_._-_._---""
RECESS MEETING - LUNCHEON BREAK
At 11:56 a.m., the meeting recessed until 1:30 p.m., in the
Management Information Center (MIC), Sixth Floor, City Hall, 300
North "D" Street, San Bernardino, California.
RECONVENE MEETING
At 1:35 p.m., Mayor Pro Tem Reilly called the Adjourned
Regular Meeting to order in the Management Information Center
(MIC), Sixth Floor, City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by Deputy City Clerk Vale with the
following being present: Mayor Pro Tem Reilly, Council Members
Reilly, Flores; Deputy City Attorney Skropos, Deputy City Clerk
Vale, Assistant City Administrator Wilson. Absent: Mayor
Holcomb; Council Members Estrada, Maudsley, Minor, Pope-Ludlam,
Miller.
ANNOUNCEMENT BY MAYOR PRO TEM REILLY - LACK OF A QUORUM
Mayor Pro Tem Reilly announced that due to the lack of a
quorum, the Council meeting would proceed as the Development Code
Task Force Committee.
WORKSHOP FINAL DRAFT OF THE DEVELOPMENT
CONTINUED FROM EARLIER IN THE MEETING
This is the time and place continued to from
meeting for consideration of the draft Development
CODE-
(1 )
earlier in the
Code.
ADMINISTRATION CHAPTER
19.48.160 Expiration. paaes IV-38 and IV-39
Discussion ensued and John
Planning and Building Services
relating to this section.
Montgomery,
Department,
principal Planner,
answered questions
Item four of the section was amended to read as follows:
"4. Expiration of an approved or conditionally approved
tentative map shall terminate all proceedings and no final map or
parcel map of all or any portion of the real property included
within the tentative map shall be filed without first processing
a new tentative map. The final map or parcel map documents
submitted for filing must be accepted as adequate for approval by
Council by the City Engineer prior to the expiration date."
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19.48.190 Citation and Authoritv. paoe IV-40
The title of this section was amended to read as follows:
"19.48.190 Citation and Authority - Vesting Tentative Map".
19.48.200 Purpose. paoe IV-40
The title of this section was amended to read as follows:
"19.48.200 Purpose - Vesting Tentative Map".
19.48.210 Application. paoe IV-40
The title of this section was amended to read as follows:
"19.48.210 Application - Vesting Tentative Map".
19.48.220 Filino and Processino. page IV-41
The title of this section was amended to read as follows:
"19.48.220 Filing and Processing - Vesting Tentative Map".
19.48.230 Expiration. paoe IV-43
The title of this section was amended to read as follows:
"19.48.230 Expiration - Vesting Tentative Map".
19.50.030 Survev Reouired. paoes IV-45 and IV-46
A discussion was held and Mr. Montgomery answered questions
relating to this section.
Item one of the section was amended to read as follows: "1.
Lot Corners: One inch iron pipe, 30 inches long, set 12 inches
below ground level. Except, corners of lots fronting on streets
may be marked by a lead and tag set in the permanent concrete
curb along the prolongation of the lot line as approved by the
City Engineer. Such monument shall be noted on the subdivision
map. II
LARRY REED, DIRECTOR,
DEPARTMENT ARRIVED
At 1:45 p.m., Larry Reed, Director,
Services Department arrived at the Council
PLANNING AND BUILDING SERVICES
Planning and Building
meeting.
19.50.080 Approval By Council. paoes IV-51 and IV-52
Discussion ensued and John Montgomery answered questions
relating to this section.
The fifth paragraph, page IV-52, of the section was amended
to read as follows: "The Council shall not postpone or refuse
approval of a final map because the subdivider has failed to
meet a tentative map condition requiring construction or
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2/12/91
installation of off-site improvements on land which neither the
subdivider nor the City has sufficient title or interest to
permit the improvements to be made. Additionally, the Council
shall not deny approval of the final map if the City has
previously approved a tentative map for the proposed subdivision
and if the Council finds that the final map is in compliance with
the requirements of the Map Act, this Development Code, and the
tentative map and all conditions thereof."
Chapter 19.52 Specific Plans. pages IV-55 and IV-56
A discussion was held and Mr. Montgomery answered questions
regarding this section; however, no changes were made.
Chapter
IV-58
19.54
General plan Amendments. paoes IV-57 and
Discussion ensued and John Montgomery answered questions
regarding this section; however, no changes were made.
Chapter 19.56 Development Code Amendments. paoe IV-59
A discussion was held and Mr. Montgomery answered questions
regarding this section; however, no changes were made.
19.58.030 Public Hearinos. paoes IV-61 and IV-62
The section was amended by changing all references in items
four, five and six from "ordinance" to "resolution".
1. Mandatorv Contents. paoe IV-62
Discussion ensued and John Montgomery answered questions
relating to this section.
Item F of this section was amended to read as follows: "F.
Provisions not permitting protection from a future increase in
development fees;"
19.58.050 Execution and Recordation. paoe IV-63
A discussion was held and Mr. Montgomery answered questions
regarding this section.
Item one of the section was amended to read as follows: "1.
The City shall not execute any development agreement until on or
after the date upon which the resolution approving the agreement
and enacted pursuant to Section 19.xx.xxx becomes effective."
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Chapter 19.60 Surface Minino and Land Reclamation. paoes
IV-65 throuoh IV-68
Discussion ensued and John Montgomery answered questions
regarding the section; however, no changes were made.
19.62.020 Nonconformino Structures. paoes IV-69 and IV-70
A discussion was held and Mr. Montgomery answered questions
relating to the section.
Items one through four of the section were amended to read
as follows:
"1. . However, any residential structure(s), including
multi-family, in a residential land use district destroyed by a
catastrophe, including fire, may be reconstructed up to the
original size, placement, and density. However, reconstruction
shall commence within two years after the catastrophe."
"2. Necessary repairs and desired alterations may be made
to a legal nonconforming residential structure(s), including
multi-family, located in a residential land use district."
"3. Reasonable repairs and alterations may be made to legal
nonconforming structures, commercial, institutional, or
industrial, provided that no structural alterations shall be
made which would prolong the life of the supporting members of a
structure, such as bearing walls, columns, beams, or girders.
Structural elements may be modified or repaired only if the
Director determines that such modification or repair is
immediately necessary to protect the health and safety of the
public or occupants of the nonconforming structure, or adjacent
property and the cost does not exceed 1/2 of the replacement
cost. "
"4. Changes to interior partitions or other nonstructural
improvements and repairs may be made to a legal nonconforming
commercial, institutional, or industrial structure, provided that
the cost of the desired improvement or repair shall not exceed
1/2 of the replacement cost of the nonconforming structure over
any consecutive 5 year period."
19.62.030 Nonconformino Uses. paoe IV-71
Discussion ensued, and items five through seven of the
section were deleted, and replacement language was proposed on a
handout distributed by John Montgomery, Principal Planner,
Planning and Building Services Department, to read as follows:
"5. No nonconforming use may be established or replaced by
another nonconforming use, nor may any nonconforming
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use be expanded or changed, except as provided in
19.62.030 (6) and 19.62.030 (7)."
"6. A nonconforming use of a portion of a nonconforming
commercial or industrial center or complex may be
established or replaced by another similar
nonconforming use subject to the granting of
Development Permit after a public noticed hearing as
specified in Section 19.66.020, and if all of the
following findings are made:
a. That the nonconforming use is similar to the uses
originally allowed in the center or complex;
b. That the nonconforming use will not adversely
affect or be materially detrimental to adjoining
properties; and,
c. That the use of the entire center or complex has
not been vacant or discontinued for a period of 6
or more consecutive calendar months."
"7. An existing legal nonconforming use or legal
nonconforming building may be minimally expanded or
changed subject to the granting of a Development Permit
after a public noticed hearing as specified in Section
19.66.020, and if all of the following findings are
made:
a. That such expansion or change is minimal;
b. That such expansion or change will not adversely
affect or be materially detrimental to adjoining
properties;
c. That there is a need for relief of overcrowded
conditions or for modernization in order to
properly operate the use; and,
d.
That the use is existing
discontinued for a period of 6
calendar months."
and has not been
or more consecutive
19.62.040 Abatement of Nonconformino Uses. paoe IV-72
A discussion was held and Mr. Montgomery answered questions
regarding this section; however, no changes were made.
19.64.030 Fees. paoe IV-73
Discussion ensued and John Montgomery answered questions
relating to this section.
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The section was amended to read as follows: "The Council
shall, by resolution, establish a schedule of fees for permits,
pertaining to this Development Code. The schedule of fees may be
changed or modified only by resolution of the Council. Until all
applicable fees have been paid in full, review shall not commence
on any application. The City is not required to continue
processing any application unless its fees are paid in full.
Failure to pay the applicable fees is grounds for denial of the
application."
19.66.040 Hearino Procedure. paoe IV-75
The section was amended to read as follows: "Hearings as
provided for in this Chapter shall be held at the date, time, and
place for which notice has been given as required in this
Chapter. The summary minutes or tape shall be prepared and an
audio tape made and filed in the Department. Any hearing may be
continued provided that prior to the adjournment or recess of the
hearing, a clear announcement is made specifying the date, time,
and place to which said hearing will be continued."
19.66.0BO Effective Date. paoe IV-76
A discussion was held and Mr. Montgomery answered questions
regarding this section.
The section was amended to read as follows: "Development
Permits which do not require a public hearing shall become
effective upon approval. Minor Exceptions, Variances,
Development Permits which require a public hearing and
Conditional Use Permits, shall become effective 15 days following
the final date of action (i. e., approval) by this appropriate
review authority. Specific Plans, General Plan Amendments,
Development Code Amendments, Development Agreements, and Surface
Mining and Land Reclamation Plans shall become effective 30 days
following the final date of action (i.e., adoption) by the
Council. The letter of approval shall constitute the permit, and
the resolution or ordinance shall constitute the amendment."
19.66.090 Appeal of Action. paoe IV-77
The section was amended
determination or action taken by
be appealed to the Commission.
taken by the Commission. . ."
to read as follows: "Any
the Director or the DRC may only
In a similar manner, any action
19.66.140 Reconsideration. paoe IV-77
A discussion was held and the section was added to read as
follows: "If more complete or additional facts or information
which may affect the original action taken on an application by a
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----------------------------------.-..-.-.-
review authority are desired to be presented, the review
authority may reconsider such action taken, if a request for
reconsideration is filed with the Department within 15 days
following the final date of action. If a public hearing was
required in the original review process, another public notice as
specified in Section 19.66.020 shall be made prior to the
reconsideration of the review authority, and all costs
associated with the reconsideration shall be paid by the
applicant. "
19.68.020 APplication. paoes IV-78 and IV-79
Discussion ensued and items three through five of the
section were amended to read as follows:
"3. A
use (i.e.,
residential
project involving a change or intensification of land
conversion of a shoe store to a restaurant, or a
structure to an office use, etc.); and,"
"4. New or modified signs with review authority other than
the Director."
5. This item was deleted.
Chapter 19.70 Interpretation. paae IV-80
A discussion was held regarding this section; however, no
changes were made.
Chapter 19.72 Enforcement of Provisions. paoes IV-81 throuah
IV-83
Discussion ensued regarding this section; however, no
changes were made.
19.31.xxx Multiple Permit Applications. paae IV-4
A discussion was held and Mr. Montgomery answered questions
relating to this section.
The section was amended to read as follows: "An applicant
for a development project which would require the filing of more
than 1 land use permit application may file all related permits
concurrently and pay appropriate fees, as outlined in Chapter
19.xx (Applications and Fees). Processing and environmental
review could be concurrent and the final decision on the project
shall be made by the highest level of review authority.. "
Table 31.01 Threshold of Review. paaes IV-2 and IV-3
Discussion ensued and John Montgomery answered questions
relating to the table.
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The Development
Industrial portions of
actions:
Permit, Residential, Commercial and
the table were amended by the following
Under the Commercial heading, the line item "All uses in
CCS-1, 2, 3" was deleted.
Under the Residential heading, the line item "12 + units"
was amended by adding an "X" under Council, in addition to the
"X" under Commission.
Under the Commercial and Industrial headings, the line item
"Tenant Improvements" were added, and an "X" was placed under
Director.
Table 06.01 Commercial and Industrial Districts List of
Permitted Uses. pages 11-64 throuah 11-81
Discussion ensued and John Montgomery answered questions,
however; no changes were made.
Further consideration of the draft Development
continued to a Public Hearing to be held Thursday,
1991, at 9:00 a.m., in the Council Chambers of City
North "D" Street, San Bernardino, California.
Code.
March
Hall,
was
21,
300
ADJOURNMENT
At 2:55 p.m.,
Regular Meeting.
(3)
Mayor Pro Tem Reilly adjourned the Adjourned
RACHEL KRASNEY
City Clerk
/f? _' , /1
By )--./,!eZc J :;tee ,j( /
Doris Reese.
Deputy City Clerk
By '-ffa~'
Melanie Vale
Deputy City Clerk
/
Pd&
-
No. of Items: 3
No. of Hours: 3.5
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