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Home My WebLink About11-07-1986 Minutes City of San Bernardino, California November 7, 1986 This is the time and place heretofore set for an Adjourned Regular Meeting of the Mayor and Corrnnon Council of the City of San Bernardino at their Regular Meeting held November 3, 1986, at 9:03 a.m., in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held Monday, November 3, 1986, at 9:03 a.m., and has on file in the Office of the City Clerk an affidavit of said posting, together with a copy of said Notice which was posted on Tuesday, November 4, 1986, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Estrada at 11:10 a.m., in the Board Room of the Redevelopment Agency, City Hall, 300 North "D" Street, San Bernardino, California. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Reilly. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Pro Tempore Estrada; Coun- cil Members Estrada, Reilly, Marks, Quiel; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Mayor Wilcox; Council Members Hernandez, Frazier, Strickler. RES. 86-460 - RESOLUTION OF 'rHE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO AWARDING THE SALE OF CERTIFICATES OF PARTICIPATION (CITY OF SAN BERNARDINO 1986 PROJECTS) (1) City Clerk Clark read the title of the resolution. City Treasurer Graves reported on the bids received, and stated that the net rate is 6.144%. Council Member Quiel made a motion, Council Member Marks and unanimously carried, reading of the resolution be waived and that tion be adopted. seconded by that further said resolu- Resolution No. 86-460 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quie1. Noes: None. Absent: Council Members Hernandez, Frazier, Strickler. APPROVAL OF MINUTES - OCTOBER 20, 1986 REVIEW OF PLANS - SINGLE-FAMILY DEVELOPMENTS LOCATED IN THE FOOTHILLS - CONTINUED FROM NOVEMBER 3, 1986 This is the time and place continued to for consi- deration of clarification of Item 62 of the minutes for the meeting of the Mayor and Common Council held October 20, 1986, concerning the development of single family dwellings in the foothill area. (2) The Council discussed the minutes of October 20, 1986, and the item pertaining to a review of plans for single family developments in the foothills. On October 20, directed to prepare an of single family homes 1986, City Attorney Prince was ordinance concerning the rebuilding destroyed by an act of God. Council Member Quiel made a motion, seconded by Coun- cil Member Marks and unanimously carried, that the Legis- lative Review Committee consider the issue of requiring the owner of a single family home destroyed by an act of God to rebuild the home in the vicinity of the existing footprint. APPROVAL OF MINUTES - OCTOBER 20, 1986 Council Member Marks made a motion, seconded by Coun- cil Member Quiel and unanimously carried, that the minutes of October 20, 1986, be approved with amendments set forth on November 3, 1986. REPORT FROM CITY ATTORNEY - ALTERNATIVE PLAN NO. 3 - WAIVER OF CONDITIONS - PARCEL MAP NO. 9939 - ARROWHEAD-HUFF COMPANY - JOHN DAY - CONTINUED FROM NOVEMBER 3, 1986 This is the time and place continued to for a report from City Attorney Prince regarding Alternative Plan No. 3, Waiver of Conditions for Parcel Map No. 9939, located on the southeast corner of Huff Street and Arrowhead Ave- nue, as requested by John Day of the Arrowhead-Huff Com- pany. (3) At the November 3, 1986, meeting of the Mayor and Common Council of the City of San Bernardino, City Attor- ney Prince was requested to reconsider his legal position that approval of Alternate No.3 would be "buying a law- suit", that normally the subdivision ordinance requires that security be posted to ensure that the subdivider will improve the property and that the usual time to appeal had expired in this case, but that could be waived by the Council. City Attorney Prince reported on his research of the subdivision ordinance, which only authorizes three types of improvements. It does not authorize a covenant running with the land in lieu of the improvements required under the ordinance, or security for those improvements. The problem with the covenant is that it may only bind the current purchaser of the property. MAYOR WILCOX ARRIVED AT THE COUNCIL MEETING At 11:20 a.m., Mayor Wilcox arrived at the Council Meeting and took her place at the Council Table. Council Member Quiel made a motion, seconded by Coun- cil Member Marks and unanimously carried, that the matter concerning a Waiver of Conditions for Parcel Map 9939, regarding John Day of the Arrowhead-Huff Company, be re- ferred to the Legislative Review Committee to look at all of the parameters and report back at the November 17, 1986, meeting of the Mayor and Common Council of the City of San Bernardino, to be held in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. MOVE-ONS - FINDINGS OF FACT - CONDITIONAL USE PERMIT NOS. 86-28 AND 86-33 - MOVING TWO EXISTING SINGLE-FAMILY STRUCTURES - WILLIAM ADAMS, OWNER In a memorandum dated November 5, 1986, City Attorney Prince provided new Findings of Fact concerning Condi- tional Use Permit Nos. 86-28 and 86-33 requested by William Adams, owner, for the moving of two existing 2 11/7/86 single-family structures presently located at 26470 Millar Street and 26432 Rainbow Lane in Highland, to 2130 and 2138 W. Lincoln Street in the R-1-7200, Single-Family Residential zone. (4) Council Member Marks made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that the Find- ings of Fact concerning the moving of two existing single- family structures from 26470 Millar Street and 26432 Rain- bow Lane in Highland, to 2130 and 2138 W. Lincoln Street by William Adams, owner, be approved; and that Conditional Use Permit Nos. 86-28 and 86-33, concerning the same action, be denied. WALSH ET AL VS THE CITY OF SAN BERNARDINO - SUPERIOR COURT CASE NO. 199364 - HAMPSHIRE FLOOD - RESOLUTION FOR SETTLEMENT FUNDS The City Clerk read the title of the following reso- lution: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY TREASURER TO BORROW AN AMOUNT OF UP TO TWO MILLION DOLLARS FROM FIRST INTERSTATE BANK TO PROVIDE FUNDS TO SE'rTLE THE WALSH, ET AL, V. CITY OF SAN BERNARDINO, ET AL. LAWSUIT. (5) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived. (See page 4 for adoption of the resolution) City Treasurer Graves stated that the bank has re- quested a resolution for the execution of the documents necessary to lend $2,000,000 to the City for the Walsh case. Several property owners involved in the Walsh matter were present. The Council discussed finalizing the settlement of the case. A representative of the homeowners questioned whether the City had counter-offered to the settlement. RECESS MEETING - CLOSED SESSION At 11:25 a.m., Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino, be recessed to a Closed Session in Redevelopment Agency Executive Director Saul's Office, pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation in the case of Walsh et al vs City of San Ber- nardino, Superior Court Case No. 199364. CLOSED SESSION At 11:25 a.m., Mayor wilcox called the Closed Session to order in Redevelopment Agency Executive Director Saul's Office, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Marks, Quiel; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Hernandez, Frazier, Strickler. 3 11 /7 /86 Also present were: City Treasurer Graves, Admini- strative Assistant to the Mayor Bennecke, and Executive Assistant to the Council Arvizo. COUNCIL MEMBER STRICKLER AND FINANCE DIRECTOR KNUDSEN ARRIVED At 11:40 a.m., Council Member Strickler arrived at the Closed Session of the Council Meeting and took his place at the Council Table, and Finance Director Knudsen arrived at the Closed Session of the Council Meeting. ADJOURN CLOSED SESSION At 11:40 a.m., the Closed Session of the meeting of the Mayor and Common Council of the City of San Bernardino adjourned to the Adjourned Regular Meeting of the Mayor and Common Council in the Board Room of the Redevelopment Agency, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 11:40 a.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Board Room of the Redevelopment Agency, City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor wilcox; Council Members Estrada, Reilly, Marks, Quiel, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Hernandez, Frazier. WALSH ET AL VS THE CITY OF SAN BERNARDINO - SUPERIOR COURT CASE NO. 199364 - HAMPSHIRE FLOOD - RESOLUTION FOR SETTLEMENT FUNDS - CONSIDERED EARLIER IN MEETING The matter of the case of Walsh et al vs. the City of San Bernardino was considered earlier in the meeting andd:lscussed- at -a- Closed Session. RES. 86-461 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY TREA- SURER TO BORROW AN AMOUNT OF UP TO TWO MILLION DOLLARS FROM FIRST INTERSTATE BANK TO PROVIDE FUNDS TO SETTLE THE WALSH, ET AL, V. CITY OF SAN BERNARDINO, ET AL. LAWSUIT. (5) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. Resolution No. 86-461 was vote: Ayes: Council Members Quiel, Strickler. Noes: None. Hernandez, Frazier. adopted by the following Estrada, Reilly, Marks, Absent: Council Members RECESS MEETING - CLOSED SESSION At 11:52 a.m., Council Member Reilly made a motion, seconded by Council Member Marks and and unanimously car- ried, that the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino recess to a Closed Session in Redevelopment Agency Executive Director Saul's Office, pursuant to Government Code Section 54956.9(a) to confer with its attorneys regarding pending litigation concerning Operation Second Chance, U.S. Bank- ruptcy Court for the Central District of California, Case No. 86-02889-DN. 4 11/7/86 CLOSED SESSION At 11:52 a.m., Mayor wilcox called the Closed Session to order in Redevelopment Agency Executive Director Saul's Office, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Marks, Quiel, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Hernandez, Frazier. Also present were the following: City Treasurer Graves, Redevelopment Agency Executive Director Saul, Senior Assistant City Attorney Briggs, Administrative Assistant to the Mayor Bennecke, Executive Assistant to the Council Arvizo, and Attorney Bill Simon. COUNCIL MEMBER MARKS EXCUSED At 12:05 p.m., Council Member Marks left the Closed Session. ADJOURN CLOSED SESSION At 12:5S p.m., Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the Closed Session of the Redevelopment Agency of the City of San Bernardino be adjourned to the Adjourned Regular Meeting of the Mayor and Common Council in the Board Room of the Redevelopment Agency, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 12:55 p.m., the Mayor and Common Council reconvened in the Board City Hall, 300 North California. Adjourned Regular Meeting of the of the City of San Bernardino, Room of the Redevelopment Agency, IID11 Street, San Bernardino, ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor wilcox; Council Members Estrada, Reilly, Marks, Quiel, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Hernandez, Frazier. ADJOURN MEETING At 12: 55 p.m., Council Member StriCkler made a motion, seconded by Council Member Quiel and unanimously carried, that the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino, be ad- journed to Monday, November 17, 1986, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (6) ~ffh'4/~ ./ City Clerk 5 11 /7 /86