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HomeMy WebLinkAbout03-18-1991 Minutes City of San Bernardino, California March 18, 1991 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:32 a.m., Monday, March 18, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: None. RECESS MEETING - CLOSED SESSION (1) At 8:33 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 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; 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 Ii tigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide 1 3/18/91 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: 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. 242998; 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); City of Redlands vs. Inland Valley Development Agency, et al _ San Bernardino Superior Court Case No. 255222; City of San Bernardino vs. Deukmeiian. et al San Bernardino Superior Court Case No. 256623; Countv vs. City of San Bernardino (RDA) - San Bernardino Superior Court Case No. 258241. City of Indians. 6899 WJR San Bernardino vs. et al - United States (Bx); San Manuel Band of Mission District Court - Case No. 85- Citv of San Bernardino vs. Dvkes - San Bernardino Superior Court Case No. 254883; CLOSED SESSION At 8:34 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 by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: None. SENIOR ASSISTANT CITY ATTORNEY BARLOW ARRIVED At 8:39 a.m., Senior Assistant City Attorney Barlow arrived at the closed session. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS ARRIVED At 8:49 a.m., Economic Development Agency Administrator Steinhaus arrived at the closed session. 2 3/18/91 ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS EXCUSED At 8:59 a.m., Economic Development Agency Administrator Steinhaus left the closed session. COUNCIL MEMBER MAUDSLEY AND CITY ATTORNEY PENMAN EXCUSED At 9:01 a.m., Council Member Maudsley and City Attorney Penman left the closed session. COUNCIL MEMBER MAUDSLEY AND CITY ATTORNEY PENMAN RETURNED At 9: 07 a.m., Council Member Maudsley and City Attorney Penman returned to the closed session. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk vale read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas. ADJOURN CLOSED SESSION At 9:25 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: 26 a. m., Mayor Holcomb reconvened the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: None. INVOCATION The invocation was given by Rev. Gertrude M. Whetzel, God's Great Cause Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Flores. ANNOUNCEMENTS BY MAYOR - OPPOSITION TO FEDERAL PRISON AT NORTON AIR FORCE BASE (2) Mayor Holcomb stated that the Federal Bureau of Prisons was investigating establishing a prison at Norton Air Force Base, and explained that this would be inconsistent and incompatible with plans currently being developed by the Inland Valley Development Agency. Mayor Holcomb requested that the City Attorney prepare a resolution in opposition to the prison, so 3 3/18/91 that it can be taken up at that officials from the Bernardino on Wednesday to 2:00 p.m. today. Mayor Holcomb stated Bureau of Prisons will be in San tour the base. Mayor Holcomb stated that later today a special meeting of the Inland valley Development Agency will be held for the purpose of adopting a resolution in opposition to the prison. Mayor Holcomb explained that under federal base closure law, federal agencies are allowed the first option of using the facility unless there is extensive local opposition. (Action taken later in meeting, see page 16) ANNOUNCEMENTS BY MAYOR DEVELOPMENT CODE PUBLIC HEARING - THURSDAY, MARCH 21, 1991 (2) Mayor Holcomb stated that his office had received phone calls and letters from citizens who plan to attend the Development Code public hearing to oppose that portion of the Development Code dealing with adult entertainment. Mayor Holcomb explained that rather than making it easier for adult businesses to be located throughout the City, the proposed Development Code will be more restrictive in the zoning where these businesses can locate. City Attorney Penman stated that his office received a number of calls from people in the community who thought that the council was going to expand the areas in the City where adult "pornographic" book stores could be located. At the present time, adult book stores can be located any place in the City except residential areas. The proposed Development Code will further restrict adult bookstores which will only be allowed in areas zoned (CH), Commercial Heavy. This will reduce the number of areas in the City where adult book stores can be located. EMPLOYEE RECOGNITION AWARDS Lorraine Velarde, Executive Assistant to the Mayor, stated that the Employee Recognition Program was established in April, 1988 to recognize achievement and outstanding work performance of City employees. Employees of the Year for 1990 are: Management/Confidential category Middle Management category Safety category General category Clerical category Tom Boggs Valerie Ross Tony Page Susan Hoak Patricia Gantes SERVICE PIN AWARD CEREMONY Lorraine Velarde, Executive Assistant to the names of employees receiving service pin awards. (4) Mayor, read the Each employee received a service pin from Mayor Holcomb in gratitude of his/her many years of dedicated service to the City. 4 3/18/91 APPOINTMENT CLARA DOMINGUEZ O'CAMPO COMMISSION - MAYOR HOLCOMB In a memorandum dated March 11, 1991, recommended the appointment of Clara Dominguez Magnolia, San Bernardino, California, to Commission. FINE ARTS (4 ) Mayor Holcomb 0' Campo, 663 W. the Fine Arts Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that Clara Dominguez 0' Campo be appointed to the Fine Arts Commission, per Mayor Holcomb's request. APPOINTMENT - PLANNING COMMISSION - A. MICHAEL VALLES- COUNCIL MEMBER ESTRADA. (S-l) In a memorandum dated March 14, 1991, Mayor Holcomb recommended the appointment of A. Michael Valles, 149 West 6th Street, #43, San Bernardino, California, to the Planning Commission, at the request of Council Member Estrada. Council Member Minor made Member Maudsley, and unanimously be appointed to the Planning Council Member Estrada. a motion, seconded by Council carried, that A. Michael Valles Commission at the request of COUNCIL MEMBER MAUDSLEY EXCUSED Council Member Maudsley left the Council meeting. WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Flores made a motion, seconded by Council Member Minor, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. COUNCIL MINUTES (6) Council Member Flores made a motion, seconded by Council Member Minor, 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: January 28, 1991, January 29, 1991, January 30, 1991, and January 31, 1991. JOINT POWERS FINANCING AUTHORITY REGULAR MEETING (7) Council Member Flores made a motion, seconded by Council Member Minor, and unanimously carried, that the Regular Meeting of the Joint Powers Financing Authority be adjourned to April 15, 1991. 5 3/18/91 CLAIMS AND PAYROLL Council Member Flores made a motion, Member Minor, and unanimously carried, payrolls, and the authorization to issue the memorandum dated March 12, 1991, Finance, be approved. (10) seconded by Council that the claims and warrants as listed on from the Director of PERSONNEL ACTIONS (11) Council Member Flores made a motion, seconded by Council Member Minor, and unanimously carried, that the personnel actions submitted by the Acting Chief Examiner, dated March 6, 1991, in accordance with all administrative regulations of the City of San Bernardino, be approved. RES. 91-87 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE FINANCE DEPARTMENT. (12) RES. 91-88 - 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. (13) RES. 91-89 - 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. (14) RES. 91-90 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE NORTH "H" STREET AREA; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1002, AND WAIVING NOTICE AND HEARING. (15) RES. 91-91 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A TRAFFIC SIGNAL AND STREET LIGHTING INSTALLATION ASSESSMENT DISTRICT LOCATED GENERALLY AT THE INTERSECTION OF COMMERCENTER EAST AND HOSPITALITY LANE; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1004; AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING. (16) 6 3/18/91 RES. 91-92 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO NIXON- EGLI FOR THE FURNISHING AND DELIVERY OF ONE (1) SEWER RODDING TRUCK, TO BE UTILIZED BY THE PUBLIC SERVICES/REFUSE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION NO. F-91-08. (17) RES. 91-93 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO ENGS MOTOR TRUCK FOR THE FURNISHING AND DELIVERY OF THREE (3) AUTOMATED SIDE LOADING REFUSE VEHICLES, TO BE UTILIZED BY THE PUBLIC SERVICES/REFUSE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION NO. F-91-09. (18) RES. 91-94 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A SCHEDULE 20 ADDENDUM TO LEASE PURCHASE AGREEMENT NUMBER 1112 TO PACIFICORP CAPITAL INC. FOR THE FINANCING OF THREE (3) AUTOMATED SIDE LOADING REFUSE VEHICLES, TO BE UTILIZED BY THE PUBLIC SERVICES/REFUSE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-91-09. (19) RES. 91-95 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY TO CONSTRUCT AND MAINTAIN ELECTRIC SERVICE AT THE WATER DEPARTMENT'S MEYERS CANYON RESERVOIR. (20) Council Member Flores made a motion, seconded by Council Member Minor, that said resolutions be adopted. Resolution Nos. 91-87, 91-88, 91-89, 91-90, 91-91, 91-92, 91-93, 91-94 and 91-95 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Maudsley. MC-775 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE TABLE OF PERMISSIBLE USES, AS ADOPTED BY SECTION 19.83.300 OF THE SAN BERNARDINO MUNICIPAL CODE, TO READ AS ATTACHMENT A. (22) Council Member Flores made a motion, seconded by Council Member Minor, that said ordinance be adopted. Ordinance MC-775 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Maudsley. COUNCIL MEMBER MAUDSLEY RETURNED Council Member Maudsley returned to the Council meeting and took his place at the council table. 7 3/18/91 APPEAL BOARD OF BUILDING COMMISSIONERS' DECISION- ABATEMENT OF WEEDS - 900 BLOCK OF CRESCENT STREET - MR. ANTHONY Z. LOIACANO. (8) This is the time and place set for an appeal of the Board of Building Commissioners' decision relative to the abatement of weeds on two parcels located on the 900 block of Crescent, San Bernardino, California, owned by Mr. Anthony Z. Loiacano. In a memorandum dated February 21, 1991, Manuel P. Moreno, Jr., presented a chronological history of action taken to abate weeds and debris from two parcels owned by Mr. Anthony Z. Loiacano on the 900 block of Crescent, San Bernardino, California. Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the appeal filed by Mr. Anthony Z. Loiacano, regarding assessments made by the Board of Building Commissioners relative to weed abatement be continued, due to Mr. Loiacano's absence, to April 1, 1991, 300 North "D" Street, San Bernardino, California. (Discussed later in the meeting, see page 9) APPROVAL OF CHANGE ORDER NO. TWO - INCREASE OF COST OF CHANGE ORDER NO. ONE - INSTALLATION OF 455 FEET OF 8" SEWER MAIN - $4,000 INCREASE - CONSTRUCTION OF STORM DRAIN IN REDLANDS BLVD., HUNTS LANE TO WATERMAN AVENUE - CORNISH CONSTRUCTION. (9) In a memorandum dated February 27, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that Change Order No. One was approved at the Council meeting of January 7, 1991, to authorize the construction of an 8" sewer main in Redlands Boulevard, from Hunts Lane to a point about 455 feet easterly. This change order was approved with a not to exceed amount of $19,500. Construction problems involving utility lines delayed the contractor up to five working days, which resulted in additional costs in the amount of $4,000. The total estimated project cost, based upon the actual low bid price, included an amount of $55,000 for contingencies, which can be used to finance the additional cost of $4,000 for Change Order No. One. Roger Hardgrave, Director of Public Works /Ci ty Engineer, answered questions relating to the recovery of additional expenses when problems, such as inadequate utility line identification, arise. Mr. Hardgrave explained that there are no provisions for charging utility companies for these additional expenses. City Attorney Penman explained that the City Attorney's 8 3/18/91 office does not have review and approval authority of change orders. He stated that his office would discuss with the Engineering Division the potential of modifying contracts to allow for recovery of costs, either partially or in full, from utility companies. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that Change Order No. Two to the contract with Cornish Construction, for the construction of a storm drain in Redlands Boulevard, from Hunts Lane to Waterman Avenue, in accordance with Plan No. 8072, be approved, to increase the cost authorized for Change Order No. One, for installation of 455 feet of 8-inch sewer main, from $19,500 to $23,500 for an increase in the contract price of $4,000, from $349,500 to $353,500. ANNOUNCEMENT BY MAYOR - INTRODUCTION OF SAN ANDREAS HIGH SCHOOL STUDENTS AND TEACHERS, MR. BENZA AND MR. SKRAY (2) Lorraine Velarde , Executive Assistant to the Mayor, explained that students from San Andreas High School were present to observe City government in action and would tour City facilities. Attending with the students were teachers, Mr. Bob Benza and Mr. Skray. Mr. Skray explained that San Andreas High School is an alternative high school, different than a comprehensive high school, with the intent to better meet the needs of the students. The students receive an individualized program which attempts to build a community setting where independent study is encouraged. Mr. Benza thanked the Mayor and Common Council for inviting the students to the meeting. APPEAL BOARD OF BUILDING COMMISSIONERS' DECISION- ABATEMENT OF WEEDS - 900 BLOCK OF CRESCENT STREET - MR. ANTHONY Z. LOIACANO (Discussed earlier in the meeting, see page 8) (8) This is the time and place continued to for an appeal of the Board of Building Commissioners' decision relative to the abatement of weeds on two parcels located on the 900 block of Crescent, San Bernardino, California, owned by Mr. Anthony Z. Loiacano. Council Member Minor made Member Estrada, to reconsider Loiacano. a motion, seconded by the appeal of Mr. Council Anthony The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Minor, pope-Ludlam, Nays: None. Abstain: Council Member Maudsley. Council Miller. 9 3/18/91 In a memorandum dated February 21, 1991, Manuel Moreno, Jr., Director of Public Services, stated that on August 23, 1990 "Notices to Clean Premises" were mailed to Mr. Anthony Z. Loiacano, 18808 Gladstone, Covina, California, regarding two parcels located on the 900 block of Crescent. These two parcels required the removal of dumped materials throughout. Also, the Public Services Department had received complaints about transients, prostitution, and rat infestation on the property. On November 1, 1990, Mr. Loiacano was mailed a letter of final notice to abate the lots by November 5, 1990, or City crews would clean the property and he would be billed for labor/overhead, equipment, and materials. The lots were abated by City crews on November 6, 1990. The abatement consisted of cleaning and dumping of debris at a total cost of $1,361.20. A hearing on the assessment on Mr. Loiacano's property was held on February 1, 1991 before the Board of Building Commissioners. Based on the evidence presented, the Board unanimously adopted the sum of $1,361.20 to be assessed against Mr. Loiacano and ordered that a lien be placed on his property if the assessment was not paid. Mr. Loiacano, 18808 Gladstone, Covina, California, stated that he does not believe that the Public Services Department removed 42 tons of debris from the property. He presented pictures to support his claim and stated that the pictures were taken at the landfill during the months of February and March. Manuel Moreno, Jr., Director of Public Services, outlined the actions taken by Public Services Department employees to remove the debris on the two parcels owned by Mr. Loiacano, and stated that in addition to weeds and grasses, debris and concrete also had to be removed. Mr. Moreno presented photographs of the property taken before and after the cleaning. Mayor Holcomb explained that the City spent to clean the site, equipment, administrative costs. charged for the hours landfill costs, and Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the appeal of Mr. Anthony Z. Loiacano relative to the assessment made by the Board of Building Commissioners with regard to the abatement of weeds from property located on the 900 block of Crescent Street be denied, and the decision of the Board of Building Commissioners be upheld. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:09 a.m., Council Member pope-Ludlam left the Council 10 3/18/91 meeting. MC-776 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.526 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUSINESS LICENSE FEES IN AREAS OF HIGH CRIME INCIDENCE. (Final) (21) Mr. Keith Reno, 1400 Edgehill Road, #38, San Bernardino, California, stated that he owns property in the Arden / Guthrie area and requested that adoption of this ordinance be postponed until all affected property owners had an opportunity to review and comment on the proposed Conditions, Covenants and Restrictions (CC&R's). City Attorney Penman explained that the CC&R's will be drawn up by the members of the homeowners association. Mr. Penman explained that the City will not develop the CC&R's, but that the terms of the agreement call for the City Attorney to approve the CC&R's and that the Mayor and Common Council approve the homeowners association. Ray Salvador, Administrative Assistant to the Mayor, stated that the special committee to draft the CC&R' s has met three times and that the final draft of the CC&R' s will be presented to the general homeowners at a meeting scheduled for March 27, 1991, at 7:00 p.m. at Emmerton School, 1888 Arden Avenue, San Bernardino, California. Council Member Miller made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance MC-776 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Nays: None. Absent: Council Member Pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM RETURNED At 10:23 a.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. PUBLIC HEARING AND RESOLUTION ORDERING ANNEXATION NO. 348 - TERRITORY GENERALLY LOCATED NORTH OF 40TH STREET, WEST OF DAVID WAY - (LAFCO 2643) (23) This is the time and place set for a public hearing on the proposed resolution ordering the annexation of the area generally located north of 40th Street, west of David Way. In a memorandum dated February 25, 1991, Roger Hardgrave, Director of Public Works/City Engineer, stated that on June 4, 1990, authorization was given to proceed with the proposed annexation of the area generally located north of 40th Street, west of David Way. Pursuant to LAFCO #2584, Annexation #347, LAFCO directed the City to annex the subject property, as the 11 3/18/91 completion of Annexation #347 will create an island completely surrounded by the City of San Bernardino. Prior City action included the adoption of Resolution Nos. 90-404 and 90-484. Resolution No. 2306 by LAFCO authorizes and directs the City of San Bernardino to initiate proceedings relative to the proposed annexation. RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT PROTESTS BY PROPERTY OWNERS OWNING LESS THAN FIFTY PERCENT (50%) OF THE ASSESSED VALUE OF THE TERRITORY PROPOSED TO BE ANNEXED HAVE BEEN FILED AND ORDERING ANNEXATION NO. 348 (LAFCO 2643) FOR THE TERRITORY GENERALLY LOCATED NORTH OF 40TH STREET, WEST OF DAVID WAY AND DETACHMENT FROM CSA 38, AND CSA 70. (23) Mayor Holcomb opened the hearing. Mr. Randy Roesch, 4440 David Way, San Bernardino, California, stated that he owns 3.3 acres of property located at 4440 David Way and presented his letter in opposition to the annexation. Mr. Roesch expressed concerns about being able to maintain the rural lifestyle of raising cattle and horses and it was his understanding that he could not own horses and cattle if he were annexed into the City. Mr. Roesch presented two annexation from Jim Bachelor, Carla Wallace, 4498 David Way. letters in opposition 4248 David Way: and J. to B. the and Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that the public hearing to receive, consider and rule upon written protests in the matter of annexation of the territory generally located north of 40th Street and west of David Way, designated LAFCO 2643, be continued to April 15, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, in order to resolve the property owners'concerns in a positive manner. Council Member Miller made a motion, seconded by Council Member Reilly, and unanimously carried, that said resolution ordering Annexation No. 348 for the territory generally located north of 40th Street, west of David Way, be continued to the meeting of April 15, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PUBLIC HEARING AND RESOLUTION CREATING UNDERGROUND DISTRICT NO. 20 - 40TH STREET, BETWEEN KENDALL DRIVE AND PALM DRIVE (24) This is the time and place set for a public hearing on the proposed resolution creating the Underground Utility District No. 20. 12 3/18/91 In a memorandum dated February 28, 1991, Roger Hardgrave, Director of Public Works/City Engineer stated that the proposed creation of Underground Utility District No. 20 was approved by the City's Underground Utility District Committee at their meeting of October 4, 1990. He explained that utility companies are required by Rule 20 of the Public Utilities Commission to set aside a certain portion of their revenues to finance the cost of undergrounding overhead facilities within'districts established by local agencies. In his memorandum Mr. Hardgrave stated that property owners within the district will be required to complete the undergrounding from their property lines to the service points at their own cost. No City funds will be required. He also explained that underground utilities improve the appearance of a street by removing visual clutter and eliminating the hazard from broken wires which result from violent windstorms . or earthquakes, both of which are frequent occurrences in the area. RES. 91-96 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CREATING UNDERGROUND UTILITY DISTRICT NO. 20, ALONG 40TH STREET, BETWEEN KENDALL DRIVE AND PALM DRIVE. (24) Mayor Holcomb opened the hearing. Council Member Maudsley made a motion, seconded by Council Member Flores, and unanimously carried, that the public hearing relative to the creation of Underground Utility District No. 20, be closed. Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 91-96 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THAT PORTION OF EDGEHILL ROAD EAST OF LITTLE MOUNTAIN DRIVE IN THE CITY OF SAN BERNARDINO AND RESERVING EASEMENTS FOR WATERLINES AND APPURTENANT FACILITIES, EMERGENCY INGRESS AND EGRESS, INGRESS AND EGRESS RIGHTS FOR THE OWNERS OF PROPERTY IN TRACT 11047, THEIR HEIRS AND ASSIGNS, AND PUBLIC UTILITY EASEMENTS THEREIN - CONTINUED FROM MARCH 11, 1991 (25) This is the time and place continued to for the resolution ordering the vacation of a portion of Edgehill Road, east of Little Mountain Drive. 13 3/18/91 In a memorandum dated March 14, 1991, Roger Hardgrave, Director of Public works/City Engineer, stated that an agreement relative to the lease of the south half of Edgehill Drive, has been reached and that the accompanying lease would be approved by the homeowners association at its Board meeting on April 9, 1991, and recommended that the item be continued to April 15, 1991. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried that the resolution relative to vacating a portion of Edgehill Road be continued to April 15, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ALLOCATION OF FUNDS - $102,177 - TAX ALLOCATION BOND PROCEEDS PHASE I OF THE EXPANSION OF PIONEER CEMETERY NORTHWEST CORNER OF WATERMAN AVENUE AND SEVENTH STREET - CONTINUED FROM MARCH 11, 1991 - 11:00 A.M. (26) This is the time and place continued to for consideration of the allocation of funds in the amount of $102,177 from tax bond proceeds for Phase I of the expansion of Pioneer Cemetery located at the northwest corner of Waterman Avenue and Seventh Street. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the item relative to the expansion of Pioneer Cemetery be continued to 11:00 a.m., to be taken in conjunction with the Community Development agenda. (Discussed later in the meeting, see page 18) REQUEST FROM EL CAMINO REAL CULTURAL AND ECONOMIC FOUNDATION - WAIVER OF CITY FEES AND USE OF CITY LABOR AND MATERIALS - GRAN FIESTA TO BE HELD MAY 2, 1991 (27) In a memorandum dated March 4, 1991, George Martinez, President, El Camino Real Cultural and Economic Foundation, requested assistance from the City of San Bernardino for the GRAN FIESTAl celebration planned for Thursday, May 2, 1991. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the request from El Camino Real Cultural and Economic Foundation regarding the GRAN FIESTAl celebration planned for Thursday, May 2, 1991 be continued to April 1, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino California, in order to refine the details of the event. APPROVAL OF CHANGE ORDER NO. ONE - INSTALLATION OF 650 FEET OF CONDUIT AND INTERCONNECT CABLE CONTRACT INCREASE OF $8,060. - MODIFICATION OF TRAFFIC SIGNALS ON "E" STREET, 6TH TO 10TH STREET, AND 9TH STREET, "H" STREET TO SIERRA WAY - STEINY & CO. (S-2) In a memorandum dated March 8, 1991, Roger Hardgrave, Director of Public Works/City Engineer stated that the project 14 3/18/91 plans relative to modification of traffic signals on "E" Street, 6th Street to 10th Street, and 9th Street, "H" Street to Sierra Way, direct the removal of existing interconnect and installation of new interconnect cable within 3700 linear feet of existing underground conduit. However, approximately 650 linear feet of existing conduit cannot be utilized due to corrosion and deterioration within the conduit, preventing removal of the existing cables. In his memorandum, Mr. Hardgrave explained that Change Order No. One authorizes the contractor to install approximately 650 linear feet of new underground conduit interconnect cable, at the contract unit bid price of $13.50 per linear foot. An equivalent length of cable installation within existing conduit will be deleted, at the contract unit bid price of $1.10 per linear foot. The total estimated project cost, based upon the actual low bid price, included an amount of $47,000 in contingencies, which can be used to finance the cost of this change order. All costs incurred for this payment will be paid from Federal-Aid Urban Funds. Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that Change Order No. One to the contract with Steiny & Company, for modification of traffic signals on 9th Street, "E" Street and 6th Street, in accordance with Plan No. 7618, be approved: to authorize installation of 650 feet of conduit and interconnect cable, for an increase of $8,060 in the contract price, from $298,895 to $306,955. RES. 91-97 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (930 W. 6TH ST., 576 W. 9TH ST., 677-83 W. 9TH ST., 1161-63 N. ARROWHEAD AVE., 980 & 1010 W. BASELINE AVE., 1810 DALEY CANYON RD., 2005 DUMBARTON, 2025 N. "F" ST., 1710 FAIRFAX AVE., 1432-46 "G" ST., 3011 GLENVIEW, 817 N. "H" ST., 532 W. MAGNOLIA, 622-24 MT. VERNON AVE., 1372 OAKHURST DR., 3613 E. PIEDMONT DR., 245 S. PROSPECT, 540 N. SIERRA WAY, 1272-74 N. SIERRA WAY, 537 W. VICTORIA, 1222 W. WALNUT ST., 1424 W. WALNUT ST.) (S-3) Council Member Flores made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 91-97 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. 15 3/18/91 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 3.68.015 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO COSTS OF ABATEMENT. (First) (S-4) Council Member Maudsley made a motion, seconded by Council Member Reilly, and unanimously carried, that said ordinance be laid over for final adoption. RES. 91-98 - RESOLUTION OF THE CITY OF SAN BERNARDINO OPPOSING THE ESTABLISHMENT OF A FEDERAL PRISON AT NORTON AIR FORCE BASE (Discussed earlier in the meeting, see page 3) (Emergency Item) This is the time and place continued to for consideration of the resolution opposing the establishment of a federal prison at Norton Air Force Base. Council Member Maudsley made a motion, seconded by Council Member Reilly, that the item relative to opposing a federal prison at Norton Air Force Base arose after the agenda was posted: and that said resolution be adopted. Resolution No. 91-98 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RECESS MEETING At 10:35 a.m., Mayor Holcomb recessed the meeting until 11:00 a.m. RECONVENE MEETING At 11:04 a.m., Mayor Pro Tern Reilly reconvened the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Pro Tem Reilly: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller: Senior Assistant City Attorney Barlow: City Clerk Krasney. Absent: Mayor Holcomb, City Administrator Edwins. COMMUNITY DEVELOPMENT COMMISSION At 11:05 a.m., the Regular Meeting of the Community Development Commission was called to order by Mayor Pro Tern Reilly in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. MAYOR HOLCOMB RETURNED At 11:06 a.m., Mayor Holcomb returned to the Council meeting and took his place at the council table. 16 3/18/91 RES. 91-99 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NUMBER 81-594 AND DELEGATING TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO CERTAIN POWERS AND AUTHORITY IN CONNECTION WITH THE MANAGEMENT AND OPERATION OF THE ECONOMIC DEVELOPMENT AGENCY. (Continued from March 11, 1991) (R-3) Council Member pope-Ludlam made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 91-99 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 91-100 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE PROVISION OF CITY STAFF TO UNDERTAKE FUNCTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO (Continued from March 11, 1991) (R-4 A) Council Member Reilly made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 91-100 was adopted by the following vote: Ayes: Council Member Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 91-101 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING CERTAIN CITY POSITIONS TO STAFF THE ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND APPROVING CERTAIN JOB DESCRIPTIONS IN CONNECTION THEREWITH. (Continued from March 11, 1991) (R-5) Council Member pope-Ludlam made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 91-101 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 91-102 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING RESOLUTION NUMBER 6433 ENTITLED IN PART, "A RESOLUTION. . . CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY. . ." AND DELETING CERTAIN CITY POSITIONS. (Continued from March 11, 1991) (R-6) 17 3/18/91 Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 91-102 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. ALLOCATION OF FUNDS - $102,177 - TAX ALLOCATION BOND PROCEEDS PHASE I OF THE EXPANSION OF PIONEER CEMETERY NORTHWEST CORNER OF WATERMAN AVENUE AND SEVENTH STREET - CONTINUED FROM MARCH 11, 1991 - 11:00 A.M. (Discussed earlier in the meeting, see page 14) (26) This is the time and place continued to for consideration of the allocation of funds in the amount of $102,177 from tax bond proceeds for Phase I of the expansion of Pioneer Cemetery located at the northwest corner of Waterman Avenue and Seventh Street. In a memorandum dated March 4, 1991, Shauna Edwins, City Administrator, explained that when the request for expenditure of Redevelopment funds came before the Council, she was asked to determine whether or not the City would be better served by selling the commercial piece at the northwest corner of Waterman and Seventh. According to comps prepared by the Real Property Division, that parcel is worth $496,296. If the cemetery is expanded, it represents the addition of 9,000 grave sites and $10,000,000 in revenue. Even at today's low interest rate on the Endowment Care Fund, the breakeven point is 241 graves sold per year. Presently, with no advertising and no visibility, Pioneer sells 220 sites per year. A 20% increase in sales would put the cemetery 23 sites past breakeven with $25,875 profit per year. A 30% increase equals annual profits of $57,375. Council Member Estrada made a motion, seconded by Council Member Reilly, that the allocation of $102,177 from tax allocation bond proceeds to Account No. 244-364-57675, "Acquisition of Land and Improvements for Expansion of Pioneer Cemetery" be approved: and the Director of Public Works/City Engineer be authorized to prepare plans, specifications and estimate for construction of Phase I, northwest corner of Waterman Avenue and Seventh Street. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Nays: Council Member Miller. Absent: None. ANNOUNCEMENT BY MAYOR - BOND REFINANCING Mayor Holcomb announced that the City $200,000 on recent housing bond refinancing meeting more information would be available. ( 2 ) saved approximately and that at a later 18 3/18/91 RECESS MEETING At 11:10 a.m., Mayor Holcomb recessed the meeting until the 12:00 noon luncheon workshop in the Management Information Center (MIC), Sixth Floor, to discuss proposed increases in water rates established by the Board of Water Commissioners. RECONVENE MEETING At 12:30 p.m., Mayor Holcomb reconvened the Regular Meeting of the Mayor and Common Council in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller: Deputy City Attorney Roth, City Clerk Krasney, Assistant City Administrator Wilson. Absent: City Attorney Penman, City Administrator Edwins. LUNCHEON WORKSHOP - PROPOSED WATER RATE INCREASE AS ESTABLISHED BY BOARD OF WATER COMMISSIONERS - MUNICIPAL WATER DEPARTMENT (28) In a Water Rate Study report prepared by the City of San Bernardino, Municipal Water Department, dated December, 1990, details on the proposed water rate and acquisition of service charge increases were presented. The report provided details of the high quality water service provided to the City of San Bernardino since 1904. The Water Department's sources of revenue are customer payments for water usage, service charges, and reimbursement for construction services. The Department does not derive any revenue from the general or special tax base. There are currently 37,000 active services in the water system, a 2.49% increase over the 1989 level. In order to maintain a quality water system, certain charges must be adjusted periodically to produce sufficient revenue to meet the Department's operating costs. These rates also cover the costs of constructing new sources of supply, additional storage capacity to meet peak demand, and the maintenance of the entire system. The report also indicated the recommended increases in usage charges. It was recommended that Fire Service rates established under Rule and Regulation No. 14, Section (b) be increased. This revised rate schedule reflects an increase of $1.00 per inch per month. The many factors that contributed to the recommended rate increases are: the drastic increases in the lost production 19 3/18/91 capacity, increased regulatory program requirements and essential capital expenditures needed to meet the water demand. The drought condition experienced in Southern California during the past five years has caused a dramatic change in the operation of the water system. To compensate for the declining water table in San Bernardino, the Department has maximized its production and boosting from the artesian pressure zone. However, additional wells, transmission mains, and boosting facilities are necessary to produce and transfer sufficient quantities of water from the pressure zone to meet the City's future water demand. The report also indicated that through the construction of air stripping treatment facilities and granular activated carbon treatment facilities the Department has gained back 27.5 million gallons per day. Also, the report presented details on the groundwater contamination cleanup efforts being conducted, however, the groundwater contaminants are continuing to spread through the basin, and during 1990 the Department lost four additional wells. The declining water table, increased water demand, and the loss of production capacity due to contamination are a combination of conditions that have never been experienced in San Bernardino. The Master plan update completed in September, 1990, analyzed the current and future water demands, and determined what capital improvements were needed through the year 2010. The Water Department, in cooperation with the West San Bernardino County Water District and the City of Rialto, formed a joint powers agency capable of selling revenue bonds to fund the required capital improvements. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 1:09 p.m., Council Member pope-Ludlam left the Council meeting. The five-year Capital Improvement Program (CIP) which includes new well, booster station, storage and transmission main requirements requires the expenditure of approximately $13.4 million per year for capital water system projects over the next five years. The current water rates were approved on October 16, 1989 and became effective November 1, 1989. An analysis of the Department's financial needs was completed by Bartle Wells Associates in November, 1990 which recommended increases in water rates and the acquisition of service charges to generate the additional $3.9 million per year to fund the annual retirement for the five year, $67 million schedule of water system capital improvement projects. COUNCIL MEMBER MILLER EXCUSED At 1:16 p.m., Council Member Miller left the Council meeting. 20 3/18/91 Bernard Kersey, General Manager, Municipal Water Department, answered questions relating to the report relative to expenses for contaminant cleanup, the methods neighboring cities are utilizing to deal with similar situations, and water conservation measures. CITY ATTORNEY PENMAN ARRIVED At 1:24 p.m., City Attorney Penman arrived at the Council meeting and replaced Diane Roth, Deputy City Attorney. Mr. Kersey explained the projections for increases in water and sewer rates over the next five year period. He also stated that a brochure had been mailed to each Water Department customer which explained the drought and local water supply, contamination from abandoned airport and military operations, the Bunker Hill Basin, reclamation of used water, water quality testing, and 1990 water quality test results. RECESS MEETING AT 1:29 p.m., Mayor Holcomb recessed the luncheon workshop of the Regular Meeting of the Mayor and Common Council until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:03 p.m., Mayor Holcomb called the Regular Meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller: Deputy City Attorney Roth, City Clerk Krasney. Absent: Council Members Pope-Ludlam: City Attorney Penman, City Administrator Edwins. PUBLIC HEARING - PROPOSED INCREASES IN WATER RATES AS ESTABLISHED BY THE BOARD OF WATER COMMISSIONERS- CONTINUED FROM MARCH 11, 1991 (29) This is the time and place continued to for a public hearing on the proposed resolution increasing municipal water rates. In a memorandum dated January 30, 1991, Bernard Kersey, Secretary, Board of Water Commissioners, stated that the Board of Water Commissioners on December 18, 1990, conducted a public hearing to receive comments on the proposed water rate increase and no comments or protests were received. After the public hearing closed, the Board of Water Commissioners adopted Resolution No. 414 approving the revised fire service and general water service rates, to become effective April 1, 1991. In his memorandum, Mr. Kersey explained that a water rate 21 3/18/91 survey study has just been concluded in which operations for fiscal year 1989-1990 were analyzed, and operational costs were projected for fiscal year 1990-1991. This comprehensive analysis of the system analyzed the current and future water demands, and determined what capital improvements were needed through the year 2010. In addition to the extensive capital improvement program the Department is undertaking, the five year drought condition has had a dramatic effect on production operations. During the past four years, the overall production capability of sources of supply has been reduced by 40%. The boosting of water to higher pressure zones has greatly increased the cost of production and distribution of water. The increase generate City, an basis. proposed general water rate is approximately a 20% over current rates. It is anticipated the increase will approximately $1,488,468 for the General Fund of the increase of approximately $250,586 on an annualized It is anticipated the increase in revenue from the rate increase will generate an additional $84,000 in revenue for fiscal year 1990-1991, and the increased cost of water for the City would be approximately $10,500, resulting in a net increase of revenue of $73,500 to the City plus the charges for Civil Service. COUNCIL MEMBER At 2:21 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member pope-Ludlam returned took her place at the council table. to the RES. 91-103 A RESOLUTION OF THE CITY OF SAN BERNARDINO, RATIFYING INCREASES TO WATER RATES ESTABLISHED BY THE BOARD OF WATER COMMISSIONERS, AS SET FORTH IN RULE AND REGULATION NUMBERS 14 AND 21 OF THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO. (29) Mayor Holcomb opened the hearing. Diane Roth, Deputy City Attorney stated that the word "approving" in the resolution would be changed to "ratifying" in accordance with the Charter of the City of San Bernardino. Mayor Holcomb stated that during the luncheon workshop, Bernard Kersey, General Manager, Water Department, explained that the City Charter provides that the Water Department is autonomous, and has authority to establish policies, provide for distribution and sale of water, and establish water rates. The Charter provides that the City Council must ratify water rates established by the Board of Water Commissioners by providing the 22 3/18/91 necessary resolution changes. Bernard Kersey, General Manager, Water Department, explained why the water rate increase was necessary due to the drought, contaminants cleaning processes, population growth and infrastructure replacement and expansion. Ralph Hernandez, 190 North Pico, San Bernardino, California, requested water rate information on the Delmann Heights area of the City. He stated that providing neighboring cities with water, thereby lowering the water table, causes City residents to pay higher water rates. Council Member Reilly made a motion, Member Estrada, and unanimously carried, closed, and said resolution be adopted. seconded by Council that the hearing be Resolution No. 91-103 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. RECESS MEETING - CLOSED SESSION (1 & R-I0 A) At 2:30 p.m., the Mayor and Common Council acting as the Community Development Commission, recessed to closed session in the conference room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California, to discuss the following: 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). Redevelopment Willie Clark 237264. Aoencv San of the City of San Bernardino Superior Bernardino Court Case vs. No. CLOSED SESSION At 2:31 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 by City Clerk Krasney with the following being present: Mayor Holcomb: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller: City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. ADJOURN CLOSED SESSION At 2:45 p.m., the closed session Regular Meeting of the Mayor and Common San Bernardino. was adjourned to the Council of the City of 23 3/18/91 RECONVENE MEETING At 2:46 p.m., Mayor Holcomb reconvened the Regular Meeting of the Mayor and Common Council in the Council Chambers of CIty Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller: Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. ADJOURNMENT (30) At 2:46 p.m., Council Member Flores made a motion, seconded by Council Member Minor, and unanimously carried, that the meeting be adjourned to 9:00 a.m., Thursday, March 21, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk By ~-t'/d""t:-<.J Melanie Vale Deputy City Clerk f/ ?Va--<'-^-.- No. of Items: 39 No. of Hours: 4 24 3/18/91