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HomeMy WebLinkAbout06-02-1997 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JUNE 2, 1997 COUNCIL CHAMBEO<.S The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Minor at 8:05 a.m., Monday, June 2, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: None. RECESS MEETING - CLOSED SESSION - (Discussed later in the meeting - pages 5 & 23) (1) At 8: 06 a. m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Rancho San Andreas Company vs. San Bernardino Municipal Water Dept.. et al. - San Bernardino Trial Court Case No. SCV 38415; Rancho San Andreas Attornev's Office. et Case No. SCV 38416; Comoanv vs. San Bernardino City al. - San Bernardino Trial Court Navor vs. Citv of San Bernardino Superior Court Case No. SCV 30068. San Bernardino B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. 1 6/2/1997r D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957. E. Conference with labor negotiator pursuant to Government Code Section 54957.6: Aoencv Neootiator: Barbara Dillon, Director of Personnel Employee Oroanization: San Bernardino City Professional Firefighters, Local 891. CLOSED SESSION At 8:06 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: None. Also present: Senior Assistant City Attorney Simmons, Deputy City Attorneys Empeno and Coleman, Edna Anderson, Administrative Operations Supervisor, City Attorney's Office, and Barbara Dillon, Director of Personnel. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council while the Mayor and Council and Community Development Commission were in closed session. DIRECTOR OF PERSONNEL DILLON EXCUSED At 8: 26 a. m., Director of Personnel Dillon left the closed session. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 8:37 a.m., Deputy City Attorney Empeno left the closed session. ADJOURN CLOSED SESSION At 8:40 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. 2 6/2/1997r RECONVENE MEETING At 9:04 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardiho. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: None. INVOCATION The invocation Bernardine's Catholic was given Church. by Reverend Ed Game Z I St. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Negrete. APPOINTMENTS - EUGENE ALLENDER & SHIRLEY BERRY FOSTER _ CIVIL SERVICE BOARD & FINE ARTS COMMISSION - MAYOR MINOR & COUNCIL MEMBER ANDERSON (~) Mayor Minor submitted Staff Reports dated May 14 and 27, 1997, respectively, requesting appointments to the Civil Service Board and the Fine Arts Commission. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the re-appointment of Eugene Allender to the Civil Service Board and the appointment of Shirley Berry Foster to the Fine Arts Commission, as requested by Mayor Minor and Council Member Anderson, be approved. Mr. Allender and Ms. Foster accepted their certificates of appointment. PROCLAMATION - JUNE 7, 1997 - MONSIGNOR JOHN J. BRADLEY DAY - ST. BERNARDINE'S CHURCH (3) J. Lorraine Velarde, Executive Assistant to the Mayor. read a resolution proclaiming June 7, 1997, as Monsignor John J. Bradley Day within the City of San Bernardino. Monsignor Bradley was recognized for his dedicated service to the community and St. Bernardine's Church was acknowledged for its 135th anniversary. Sister Marita Beumer accepted the proclamation. 3 6/2/1997r PROCLAMATION - JUNE 7-14, 1997 - NEIGHBORWORKS WEEK (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming the week of June 7 through 14, 1997, as Neighborworks Week within the City of San Bernardino. Edward F. Moncrief, Executive Director, Neighborhood Housing Services, accepted the proclamation and stated that on Friday, June 6, 1997, an open house would be held at their facility located at 1390 North "D" Street, from 5-7:00 p.m. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin expressed concern regarding the expenditure of funds prior to receiving the recommendations of the Ad Hoc Budget Committee. Nonetheless, he clarified that the projects existed prior to the budget shortfall. He also recommended that the city consider charter amendments to allow the appointment of a City Attorney, increase Mayor and Council wages and to consider the separation of the Mayor and Council and the Community Development Commission. ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias announced that she will be sponsoring a Put A Slam On Blight Day for residents within the Third Ward. Tips on keeping your homes clean and in compliance with city codes will be given. The event will take place from 10:00 a.m. through 3:00 p.m., Saturday, June 7, 1997, at Lytle Creek Park. ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman invited everyone to the third annual music festival sponsored by Main be held June 6-8, 1997, at Court Street Square. participate in Street Inc., to ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin opposed the idea of a charter amendment to allow the appointment of a city attorney. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson wished her husband a happy 47th wedding anniversary. ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4) Council Member Miller stated that she attended a dinner in honor of the 70th anniversary for San Bernardino Valley College and wished them a Happy Birthday. 4 6/2/1997r ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman acknowledged and of Neighborly Services for its 75th year community. congratulated the Home of service within the City Attorney Penman stated that the City of Ontario has offered to build a courthouse for the County of San Bernardino. Thus, the Honorable Judge Kennedy will be appearing before the Mayor and Council today at 4:00 p.m. to address the county's needs relative to the courthouse. City Attorney Penman also stated that when the riots occurred in Los Angeles, the city contacted his office to obtain a copy of our city's charter, and the City of Los Angeles complimented the city for the powers granted to the Maycr. CLOSED SESSION ANNOUNCEMENTS (Discussed earlier and later in the meeting - pages 1 & 23) (1) Deputy City Attorney Empeno announced that in closed session, the Mayor and Council unanimously approved an amendment to the settlement agreement between the City of San Bernardino and the California Attorney General's Office regarding disabled access issues. The amendment replaces paragraph 3.10 of the settlement agreement regarding "E" Street, north of 2nd Street sidewalk improvements and substitutes a requirement that the city install 60 disabled access curb ramps at various listed sidewalk locations throughout the city and is to be completed by December 31, 1997. PUBLIC COMMENTS - JOHN WEBSTER (5) John Webster, 3544 Broadmoor, San Bernardino, CA, expressed concern relative to the haphazard work completed by Caltrans on Waterman Avenue. Oleanders were cut down thereby exposing the walls to graffiti and increasing the noise level. City Attorney Penman stated that Council Member Miller expressed her concerns regarding the work completed on Waterman Avenue and that is why the city is pursuing a possible resolution. PUBLIC COMMENTS - WARNER HODGDON (5) NOTE: At Council directed Attorney Penman's the meeting of July 21, 1997, the that Mr. Hodgdon's public comments comment be included verbatim: Mayor and and City Warner Hodgdon, 3295 Broadmoor, San Bernardino, CA. "Thank you Mayor and Council persons. I deeply appreciate the opportunity to speak with you this morning at the limited three minutes. My discussion today is regarding the area of dedicated 5 6/2/1997r Sterling Avenue and to bring to your attention that on May 19, 1997, at your last meeting, the final map was submitted by Redlands Federal Bank so that they could release their $1.3 million instrument of credit for performance and obligation to the City was approved by this august body. However, never before, and I do not believe this body understood at that particular time on May 19, 1997, that through the ineptness of the Planning and City Attorney Offices that their engineers included rejection of accepting Daley Canyon Road and the slope easements relative thereto. - believe this is a very significant oversight and misrepresentation to the affected parties also. In addition, I understand by reading the agenda today that under the closed session was discussed Rancho San Andreas Company vs. the City of San Bernardino. That firm is owned by my sons, and I would like to put on the record that my family has never cast a lawsuit against anyone in our entire lives since we have been in San Bernardino since 1847. However, what that... we had no alternative from the standpoint that we had asked under the code that for disclosure of public documents from the Water Department and the City Attorney's Office which they refused. In addition, you may also like to see what the issue was of dedicated Sterling Avenue so I have prepared this book and put it on all of your desks for you to understand the full impacts. It also shows the massive grading done by the City and authorized by agreements through the City Attorney's Office; massive grading, unpermitted code violations in the Daley Canyon stream bed and also the Sterling Avenue area, the subject of the Redlands Federal Bank scheme and sleight of hand to release them from the $1.3 million bond and obligation to the City. This is backed-up by photologs of the actual D-9 turbo charged bulldozer authorized by the Planning and City Attorney's Office to do this massive grading and including by the Water Department. Ironically, by January 26, 1996, enforced by the fish and game expert and the Attorney General's experts they enforced this violation of 1601 retroactively on the City of San Bernardino and told them to fix up this massive grading violation. Thank you for letting me submit this to you. I respectfully request, and especially to Jerry Devlin, Councilman Devlin, to please take the opportunity to read this report and look at the photologs that I have set before you and please call me if we can talk to you individually regarding this. Thank you and I submit this for the public record to the City Attorney and the City Clerk. 6 6/2/1997r Incidentally, I agree, I think our City Charter is well in hand the way it is." City Attorney Penman: "Your Honor. Thank you, just a brief comment. The Attorney General of the State of California and the City Attorney's Office have some time ago filed a lawsuit against San Andreas Corporation and against Mr. Hodgdon, and we are involved in litigation that has to do with activities that went on in the foothills allegedly conducted by Mr. Hodgdon. Mr. Hodgdon's comment, just now at the podium, that we refused to give or provide documents he requested is absolutely false. Between the Water Department and City Attorney's Office we provided numerous boxes of documents, and everything he asked for that we had was provided to him. He has chosen not to believe this and he filed a lawsuit to compel us to turn over other documents that he apparently thinks that we have. Thank you." PUBLIC COMMENTS - ROBERT NEVES (5) Robert Neves, 2348 Sterling Avenue #439, San Bernardino, CA, stated that there is a vacancy within the Handicap Accessibility Appeals Board and requested that the vacancy be filled, expressed support for the proposed installation of the sidewalk curb ramps and stated that the requirements of the Americans With Disabilities Act are not unfunded because the city receives millions of redevelopment dollars. PUBLIC COMMENTS - SUSAN ROGERS (5) Susan Rogers, volunteer for the expressed concern that the city does not to address the needs of the homeless. city's senior programs, have a full-time employee PUBLIC COMMENTS - JOHN STEVENS (5) John Stevens, 4097 Pershing Avenue, San Bernardino, CA, stated that he is a member of the Norton Restoration Advisory Board and he has been monitoring water wells along Hospitality Lane and Waterman Avenue. His studies indicate that the water is highly radioactive and is not naturally recurring. PUBLIC COMMENTS - NORMA CLIFTON (5) Norma Clifton, 2805 La Praix Avenue, San Bernardino, CA, expressed concern regarding the deterioration of San Bernardino and the lack of interest exhibited by the legislative body. 7 6/2/1997r PUBLIC COMMENTS - JAY LINDBERG (5) Jay Lindberg, a resident of San Bernardino, voiced concern regarding the need for random drug testing of police personnel. He stated that while he was incarcerated, the police could not locate his personal belongings for two days and could not inform inquirers that he was in jail. PUBLIC COMMENTS - HAROLD DUFFY (5) Harold Duffy, Ad Hoc Budget Committee, presented a petition representing 556 city residents opposed to the reduction of parks and recreation programs and stated that the committee is preparing a list of 100 budget reduction and/or enhancement measures. RECESS MEETING At 10:03 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10: 11 a. m., Mayor Minor reconvened the j oint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardiho. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller: City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: None. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council be waived. COUNCIL MINUTES (7) Council Member Oberhelman made a motion, seconded by Council Member Negrete, 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: April 7, 1997: April 21, 1997. CLAIMS & PAYROLL (8) Council Member Oberhelman made a motion, seconded by Council Member Negrete. and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated April 29, 1997, from the Director of Finance be approved. 8 6/2/1997r PERSONNEL ACTIONS (9) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated May 22, 1997, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino be approved and ratified. RES. 97-159 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO AGE GENERAL CONSTRUCTION, INC., FOR TRAFFIC SIGNAL MODIFICATION AT MT. VERNON AVENUE AND SEVENTH STREET AND MARSHALL BOULEVARD AND "E" STREET. (10) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-159 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. CALTRANS TRIMMING & REMOVAL - BUSHES & TREES - WATERMAN AVENUE (NB1) Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter arose subsequent to the posting of the agenda. A discussion was held concerning the work conducted on the vegetation along Waterman Avenue by Caltrans and the means by which the city could be compensated. Council Member Miller made a motion, seconded by Council Member Negrete, that the City Attorney and Director of Public Works/City Engineer be directed to negotiate a contract to allow the city to maintain Waterman Avenue and pursue recompense of the affected vegetation; and that the City Attorney's Office be authorized to file a claim with Caltrans, if the investigation shows that it is warranted. The motion carried by the following vote: Ayes: Members Negrete, Arias, Oberhelman, Devlin, Anderson, Nays: Council Member Curlin. Absent: None. Council Miller. RES. 97-160 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIFTH AMENDMENT TO CONTRACT WITH INLAND OVERHEAD DOOR COMPANY RELATING TO THE PROVISION OF MAINTENANCE OF OVERHEAD DOORS AT VARIOUS LOCATIONS. (11) 9 6/2/1997r Susan Rogers expressed concern that library funds were being utilized. Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 97-160 was Ayes: Council Members Negrete, Anderson, Miller. Nays: None. adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Absent: None. RES. 97-161 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIFTH AMENDMENT TO CONTRACT WITH ARROW POWER SWEEPING RELATING TO THE PROVISION OF SWEEPING SERVICES FOR THE CAROUSEL MALL PARKING SPACES. (12) Susan Rogers stated that the mall management should be responsible for sharing the costs. Mayor Minor explained that the parking lots are owned by the city. Harold Duffy, Ad Hoc Budget Committee, inquired if the city could provide the services at a cheaper rate. Roger Hardgrave, stated that a study was cheaper to privatize. Director of Public Works/City Engineer, completed and it was determined that it was City Attorney Penman advised against the approval of contract amendments for the extension of services. Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97 -161 Ayes: Council Members Anderson, Miller. Nays: was adopted by the following vote: Negrete, Arias, Oberhelman, Devlin, Council Member Curlin. Absent: None. RES. 97-162 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AGREEMENTS WITH THE COUNTY OF SAN BERNARDINO FOR COLLECTION OF ANNUAL ASSESSMENTS ON THE COUNTY TAX ROLLS. (13) Director Hardgrave explained the necessity for the contract and the difference between community facility districts and assessment districts. Council Member Devlin made a motion, seconded by Council Member Negrete, that said resolution be adopted. 10 6/2/1997r Resolution No. 97-162 was Ayes: Council Members Negrete, Anderson, Miller. Nays: None. adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Absent: None. APPROVE PLAN NO. 9655 PAVEMENT REHABILITATION HOSPITALITY LANE & LENA ROAD - ACTHORIZE ADVERTISEMENT FOR BIDS (14) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated May 22, 1997, concerning the rehabilitation of pavement on Hospitality Lane and Lena Road. Director utilization of said project. Hardgrave answered questions concerning the gas tax and sales tax funds and the selection of A discussion was held regarding the future priorities of the city. Council Member Negrete made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans for pavement rehabilitation on Hospitality Lane, from "E" Street to Waterman Avenue, and Lena Road, from Mill Street to Rialto Avenue, in accordance with Plan No. 9655, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. APPROVE PLAN NO. STREET, FROM LENA ADVERTISEMENT FOR 9487 STREET IMPROVEMENTS MILL ROAD TO TIPPECANOE AVENUE - AUTHORIZE BIDS (15) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated May 19, 1997, concerning the improvement of Mill Street, from Lena Road to Tippecanoe Avenue. . Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans for the improvement of Mill Street, from Lena Road to Tippecanoe Avenue, in accordance with Plan No. 9487, be approved: that the Director of Public Works/City Engineer be authorized to advertise for bids; and that the Director of Finance be authorized to adjust the Street Construction Fund budget to reflect project costs and the anticipated revenue in the amount of $1,287,500 from the federal Economic Development Administration grant and the Inland Valley Development Agency. WAIVE FEES - $3,670 - EUCHARISTIC PROCESSION - JUNE 14, 1997 - OUR LADY OF GUADALUPE CHURCH/ST. ANTHONY'S CHURCH (16) Fred Wilson, Acting City Administrator, submitted a Staff Report dated May 14, 1997, concerning a request for a waiver of 11 6/2/1997r fees in the amount of $3,670 from Our Lady of Guadalupe Church/St. Anthony's Church for a eucharistic procession to be held on June 14, 1997. Council Member Devlin made a motion, seconded by Council Member Anderson, that the request for a waiver of fees in the amount of $3,670 for costs associated with a eucharistic procession to be held on June 14, 1997, be denied. (Note: There was no vote taken. ) Discussion ensued regarding the practice established by the Council to deny all fee waivers as a result of the pending budget deficit. The following individuals urged the Council to approve said request: Susan Rogers. Father Rosales, Our Lady of Guadalupe Church, 1430 W. 5th Street, San Bernardino, CA. David Aguirre, 1054 W. Evans, San Bernardino, CA. Nelson Glass. Father Ed Vargas, St. Anthony's Church, 1640 Western Avenue, San Bernardino, CA. Esther Estrada recommended that the permit be granted with the stipulation that a private security firm would be provided for the monitoring of the march. A discussion was held concerning the rights granted by the first amendment to the Constitution and the possible utilization of volunteers. Council Member Miller made a substitute motion that the matter be continued to this afternoon. The substitute motion failed for lack of a second. Council Member Negrete made a substitute motion, seconded by Council Member Arias, that the request for a waiver of fees in the amount of $3,670 for costs associated with a eucharistic procession to be held on June 14, 1997, be approved. The substitute motion failed by the following vote: Council Member Negrete. Nays: Council Members Curlin, Oberhelman, Devlin, Miller. Absent: None. Ayes: Arias, 12 6/2/1997r Council Member Oberhelman made a motion, seconded by Council Member Curlin, that the request for a waiver of fees in the amount of $3,670 for costs associated with a eucharistic procession to be held on June 14, 1997, be denied. The motion carried by the following vote: Ayes: Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: Council Member Negrete. Absent: None. WAIVE FEES - $45,883 - NATIONAL ORANGE SHOW - MAY 22-26, 1997 - POLICE SERVICES (17) Fred Wilson, Acting City Administrator, submitted a Staff Report dated May 22, 1997, concerning a waiver of fees in the amount of $45,883 for police services provided at the National Orange Show held on May 22-26, 1997. Corey Oakley, General Manager, National Orange show, requested a waiver of fees in the amount of $45,883 for police services provided at the National Orange Show. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the request for waiver or reduction of fees in the amount of $45,883 for the National Orange Show, which was held May 22-26, 1997, be denied. SET MEETING DATES - BUDGET DELIBERATIONS - FISCAL YEAR 1997/98 (18) Fred Wilson, Acting City Administrator, submitted a Staff Report dated May 23, 1997, requesting that dates be set for the fiscal year 1997/98 budget deliberations. Susan Lien, Ad Hoc Budget Committee, stated that the Ad Hoc Budget Committee meetings are held at 5:30 p.m. and encouraged the Mayor and Council to hold the budget deliberations in the evening. Harold Duffy, Ad Hoc Budget Committee, asked that the Mayor and Council consider the time people can attend the meetings when budget reduction measures are being addressed. A discussion was held concerning the dates to be set to review the fiscal year 1997/98 budget. Council Member Anderson made a motion, seconded by Council Member Miller, that the following dates and times be set for fiscal year 1997/98 budget deliberations: Wednesday, June 18, 1997, at 9:00 a.m.; Wednesday, June 25, 1997, at 5:30 p.m.; Thursday, June 26, 1997, at 5:30 p.m.; and Monday, June 30, 1997, at 5:30 p.m. 13 6/2/1997r The motion carried by the following vote: Ayes: Members Negrete, Arias, Oberhelman, Devlin, Anderson, Nays: Council Member Curlin. Absent: None. Council Miller. APPROVE AMICUS BRIEF ATTORNEY'S OFFICE CITY OF OCEANSIDE CITY (19) City Attorney James Penman submitted a Staff Report dated May 20, 1997, requesting authorization to file an amicus brief in support of the City of Oceanside relative to Penn Pacific Properties, Inc., vs. City of Oceanside, et al. City Attorney Penman stated why the city should consider the filing of an amicus brief. Council Member Devlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the City Attorney's Office be authorized to join amicus in support of the City of Oceanside in Penn Pacific Properties, Inc., vs. City of Oceanside, et al. AUTHORIZE BUDGET AMENDMENT - FISCAL YEAR 1996/97 MANDATED TRAINING COURSES CAL- ID PAYMENT DEPARTMENT - POST- POLICE (25) Wayne Harp, Assistant Chief of Police, submitted a Staff Report dated May 13, 1997, requesting authorization for a fiscal year 1996/97 budget amendment to cover the costs for POST-mandated training courses and the CAL-ID payment to the San Bernardino Sheriff's Department. Council Member Devlin made a motion, seconded by Council Member Anderson, that $50,000 in Patrol Division salary savings be transferred into the Personnel and Training Division budget for the purpose of sending sworn personnel to POST training courses for the remainder of the fiscal year; further, that $6,600 in overtime funding be transferred to professional/contractual services to cover the Police Department's share of the CAL-ID payment to the San Bernardino Sheriff's Department. (Note: There was no vote taken. ) Lieutenant Bob Curtis answered questions regarding reimbursements for POST-mandated training courses and the benefits derived from using CAL-ID (identification system) . Council Member Oberhelman made a substitute motion, seconded by Council Member Arias, that the matter be continued to the Mayor and Council meeting of June 16, 1997. The substitute motion carried by the following vote: Council Members Curlin, Arias, Oberhelman, Anderson. Council Members Negrete, Devlin, Miller. Absent: None. Ayes: Nays: 14 6/2/1997r Mayor Minor vetoed the motion. Council Member Negrete made a motion, seconded by Council Member Devlin, that $50,000 in Patrol Division salary savings be transferred into the Personnel and Training Division budget for the purpose of sending sworn personnel to POST training courses for the remainder of the fiscal year; further, that $6,600 in overtime funding be transferred to professional/contractual services to cover the Police Department's share of the CAL-ID payment to the San Bernardino Sheriff's Department. The motion carried by the following vote: Members Negrete, Curlin, Devlin, Anderson, Miller. Members Arias, Oberhelman. Absent: None. Ayes: Nays: Council Council STATUS REPORT DAIRY COUNTRY STORE AVENUE - PCN 96-01 - LIQUOR LICENSE - November 18, 1996) 869 E. RIALTO (Continued from (29) Michael Hays, Director of Planning and Building Services, submitted a Staff Report dated May 28, 1997, concerning a status report on the number of calls for service received from the Police Department resulting from the services provided by the Dairy Country Store located at 869 E. Rialto Avenue. Council Member Devlin made a motion, seconded by Council Member Negrete, that the status report on the Dairy Country Store located at 869 E. Rialto Avenue, be received and filed. (Note: There was no vote taken.) Irene Rhoades, 869 E. Rialto Avenue, San Bernardino, CA, asked if the store could be allowed to extend their operating hours to 9:00 p.m. during the summer months. Council Member Anderson made a substitute motion, seconded by Council Member Negrete, and unanimously carried, that the Mayor and Common Council receive and file the report; and that the restrictions in operating hours be amended to reflect the closure at 9:00 p.m., during the summer months. RECESS MEETING At 12:05 p.m., Mayor Minor recessed the joint regular meeting of the Mayor and Common Council and Community Development Commission to 2:00 p.m. in the Council Chambers of City Hall. RECONVENE MEETING At 2:04 p.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. 15 6/2/1997r ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson; Senior Assistant City Attorney Carlyle and Economlc Development Agency Special Counsel Sabo, City Clerk Rachel Clark, Economic Development Agency Administrator Steinhaus. Absent: Council Member Miller. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY _ JOINT REGULAR MEETING At 2:04 p.m., Chairman Minor called to order the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. NOTE: Community Development Commission items which require action by the Mayor and Common Council are denoted by the letter "R" and are reflected herein. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that full reading of the resolutions on the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council, be waived. RES. 97-163 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO POLICE DEPARTMENT. (R4) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-163 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: Council Member Miller. 16 6/2/1997r SET PUBLIC HEARING - ADOPT SECOND AMENDMENT - 1996/97 SECOND YEAR ACTION PLAN COMPONENT OF THE CONSOLIDATED PLAN - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS _ HOME INVESTMENT PARTNERSHIP ACT PROGRAM (HOME) DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) (R5) Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated May 28, 1997, requesting that June 16, 1997, at 2:00 p.m. be set as the date and time for a public hearing on the adoption of the second amendment to the 1996/97 second year action component of the Consolidated Plan. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the Mayor and Common Council establish June 16, 1997, at 2:00 p.m., as the date and time for the public hearing to review and adopt the second amendment to the 1996/1997 second year action plan component of the Consolidated Plan. COUNCIL MEMBER MILLER RETURNED At 2:05 p.m., Council Member Miller returned to the council meeting and took her place at the council table. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AUTHORIZING CERTAIN LEASE AGREEMENTS, THE FORMS OF CERTAIN DOCUMENTS RELATED THERETO AND THE TRANSFER OF CERTAIN PROPERTY TO THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY. (RSlA) RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $16,250,000 PUBLIC FACILITIES LEASE REVENUE REFUNDING BONDS 1997 SERIES A, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (RS1C) Mayor Minor stated that said proposal would refinance the central library and fire station and the city would realize a quick influx of funds which would help reduce next year's budget deficit. However, the debt would be extended to a longer period of time. Special Counsel Sabo explained the refinancing process, the extended indebtedness of the city and the savings which would be realized as a result of the lower interest rate. A discussion was held relative to the need to address the current budget deficit and the pros and cons the refinancing would yield. Rhonda Connelly, Miller and Schroeder, answered questions regarding the proposed interest rate. 17 6/2/1997r Acting City Administrator Wilson answered questions concerning the proposed computer upgrade which includes CAD, RMS and office automation. Council Member Curlin made a motion that said resolutions be continued to the Mayor and Council meeting of June 16, 1997. The motion failed for lack of a second. Council Member Negrete made a motion, seconded by Council Member Devlin, that said resolutions be adopted. (Note: There was no vote taken.) Discussion ensued regarding the city's current debt ratio and the future indebtedness the city would incur if said proposal was approved. Council Member Negrete made a substitute Council Member Devlin, that said resolution adopted. (Note: There was no vote taken.) motion, seconded by (Item No. RS1A) be Susan Lien, Ad Hoc Budget Commi t tee Member, opposed the adoption of said resolution. Council Member Miller made a motion, seconded by Council Member Arias, that said resolution (Item No. RS1C) be continued to the Mayor and Council meeting of June 16, 1997. - The motion carried by the following vote: Ayes: Members Negrete, Curlin, Arias, Oberhelman, Anderson, Nays: Council Member Devlin. Absent: None. Council Miller. Council Member Curlin made a motion, seconded by Council Member Negrete, that said resolution (Item No. RS1A) be continued to the Mayor and Council meeting of June 16, 1997. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Arias, Oberhelman, Anderson, Nays: Council Member Devlin. Absent: None. Council Miller. SENIOR ASSISTANT CITY ATTORNEY CARLYLE & SPECIAL COUNSEL SABO EXCUSED At 4: 16 p. m. Senior Assistant City Attorney Carlyle and Special Counsel Saba left the council meeting and were replaced by City Attorney Penman. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS EXCUSED At 4:16 p.m., Economic Development Agency Administrator Steinhaus left the council meeting and was replaced by Acting City Administrator Wilson. 18 6/2/1997r BRIEF/UPDATE - SAN BERNARDINO COURT HOUSE RELOCATION _ HONORABLE JUDGE JOHN KENNEDY (27) San Bernardino Superior Court Judge John Kennedy stated that the San Bernardino County Court House, currently located on Arrowhead Avenue, does not meet current earthquake safety standards. Thus, a new location needs to be considered in order to address the safety measures and the future growth of the courts. He reviewed the options currently available to them and answered questions concerning the future needs of the courts. No further action was taken on this matter. RECESS MEETING At 5:18 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 5:22 p.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ,- ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Arias, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, City Clerk Rachel Clark, Economic Development Agency Administrator Steinhaus. Absent: Council Members Curlin, Oberhelman. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 5: 22 p. m., Chairman Minor reconvened the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. At this time, the Mayor and Common Community Development Commission, took Development Commission items. Council, action acting as the on Community COUNCIL MEMBER CURLIN RETURNED At 5:23 p.m., Council Member Curlin returned to the council meeting and took his place at the council table. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 5:23 p.m., Senior Assistant City Attorney Carlyle left the council meeting and was replaced by City Attorney Penman. 19 6/2/1997r RES. 97-164 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE FIRE SAFETY EMPLOYEES' BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY THE SAN BERNARDINO CITY PROFESSIONAL FIREFIGHTERS, LOCAL 891. (Sl) Barbara Dillon, Director of Personnel, explained the provisions of the firefighters' memorandum of understanding. CITY ATTORNEY PENMAN EXCUSED At 5:27 p.m., City Attorney Penman left the council meeting and was replaced by Senior Assistant City Attorney Carlyle. Susan Lien, Ad Hoc Budget Committee, requested that the Mayor and Council refrain from adopting said resolution at this time. Director allocated for not reflected Dillon answered questions regarding the funds salaries and explained that the cost for salaries is in the memorandum of understanding. Harold Duffy, Ad Hoc Budget Committee, opposed the approval of the memorandum of understanding. .r Mayor Minor explained that Charter Section 186 mandates the salary increases for police and fire; and unless a charter amendment is initiated and successfully repeals Section 186, there is nothing that can preclude the granting of salary increases to fire and police safety personnel. Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97-164 was adopted by the following vote: Ayes: Council Members Negrete, Arias, Devlin, Anderson, Miller. Nays: Council Member Curlin. Absent: Council Member Oberhelman. AUTHORIZE BUDGET AMENDMENT FISCAL YEAR 1996/97 ECONOMIC DEVELOPMENT AGENCY REIMBURSEMENT CODE COMPLIANCE DIVISION - DEMOLITION COSTS (20) Bill Skiles, Manager, Code Compliance Division, submitted a Staff Report dated May 21, 1997, concerning an amendment to the Code Compliance Division's fiscal year 1996/97 budget. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council authorize the Director of Finance to amend the fiscal year 1996/97 budget to reflect the increase of $88,284 for demolitions, and the reimbursement to be received from Economic Development Agency Project #90-11.5 Demolition, for the costs as outlined in 20 6/2/1997r the Staff Report dated May 21, 1997, from Bill Skiles, Manager, Code Compliance Division. COUNCIL MEMBER At 5 : 3 9 P . m. , council meeting and OBERHELMAN RETURNED Council Member Oberhelman returned took his place at the council table. to the MEETING REQUEST ASSOCIATION (SBPEA) YEAR 1997/98 SAN BERNARDINO PUBLIC EMPLOYEES - BUDGET REDUCTION MEASURES - FISCAL (21) Council Member Arias submitted a Staff Report dated May 22, 1997, requesting that the Mayor and Council consider having a meeting after working hours to allow members of the San Bernardino Public Employees Association an opportunity to address their concerns regarding the fiscal year 1997/98 budget. It was noted that three budget meetings were set at 5:30 p.m. and this would allow the employees ample time to address their concerns. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be tabled. r- RES. 97-165 - RESOLUTION AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 1997-1998; THE ISSUANCE AND SALE OF A 1997-1998 TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM. (22) Council Member Anderson made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 97-165 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 97-166 - RESOLUTION AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE CENTER OF HEALTH RESOURCES PURCHASE CONNECTION, GROUP PURCHASING, DIETARY PROGRAM FOR RAW FOOD PRODUCTS FOR THE CITY'S SENIOR NUTRITION PROGRAM. (23) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97 -166 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. 21 6/2/1997r RES. 97-167 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN CITY RECORDS OF THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT. (24) Council Member Anderson made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 97-167 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 97-168 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, SUCCESSOR TO THE SOUTH SAN BERNARDINO COUNTY WATER DISTRICT, ASSESSING PROPERTIES WITHIN THE PREVIOUS DISTRICT BOUNDARIES IN THE AMOUNT OF $14,687.50 FOR THE FISCAL YEAR 1997/98. (26) Council Member Anderson made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-168 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. r ORD. MC-994 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO. (Continued from May 19, 1997) Final (28) SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 5:41 p.m., Senior Assistant City Attorney Carlyle left the council meeting and was replaced by City Attorney Penman. Acting City Administrator Wilson answered questions regarding the list of positions eligible for the golden handshake and the effect the program would have on said positions. Barbara Pachon, Director of Finance, explained that the funds required for implementation of the program would be utilized from the Public Employees' Retirement System (PERS) reserve fund. Council Member Anderson made a motion, seconded by Council Member Arias, that said ordinance be adopted. Ordinance No. MC-944 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Devlin, Anderson, Miller. Nays: Council Member Oberhelman. Absent: None. 22 6/2/1997r RECESS MEETING - CLOSED SESSION - (Discussed earlier in the meeting - pages 1 & 5) (1) At 5:46 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections: B. Conference with legal counsel - anticipated litigation _ significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. CLOSED SESSION At 5:46 p.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent: None. Also present: Simmons. Senior Assistant City Attorneys Carlyle and COUNCIL MEMBER CURLIN EXCUSED At 6:04 p.m., Council Member Curlin left the closed session. CLOSED SESSION/MEETING ADJOURNMENT (30) At 6:10 p.m., the closed session/joint regular meeting adjourned. The next joint regular meeting will be held at 8:00 a.m., Monday, June 16, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk BY~(~~~~ uzanna ordova Deputy City Clerk No. of Items: 36 No. of Hours: 8 23 6/2/1997r NOTICE On July 21 , 1997 the Mayor and Common Council approved the June 2, 1997 minutes with the following correction: page 5 (five) " Public Comments - Warner Hodgdon", as requested by Mr. Hodgdon. Because these minutes had previously been signed and distributed by the Deputy City Clerk in accordance with established procedures, the original version of the minutes has been retained for historical reference only. ONLY REFER TO THE JUNE 21 1997 MINUTES WITH THE FOLLOWING DATE IN THE LOWER RIGHT HAND CORNER - " 6/2/ 1997r" . Any questions on this should be directed to Deputy City Clerk Suzanna Cordova or Administrative Operations Supervisor Sandra Medina. 7 . Council Minutes. (See Attached) MOTION: That the minutes of the following meeting of the Approved Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form, with the correction on page 5 of PUBLIC COMMENTS - WARNER HODGDON, as requested by Mr. Hodgdon. June 2, 1997 (Distributed on 7/14/97) 8 . Claims and Payroll . (See Attached) MOTION: That the claims and payroll and the authorization to Approved issue warrants as listed on the memorandum dated July 15, 1997, from the Finance Director be approved. 9 . Personnel Actions. (See Attached) MOTION: That the personnel actions as submitted by the Chief Approved Examiner dated July 10, 1997, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. City Clerk's Office LAID OVER FROM JULY 7, 1997 10 . Ordinance of the City of San Bernardino amending Sections 3 . 52 . 070, 3 . 52 . 130 and adding Sections 3 .52 . 045, 3 . 52 . 085, 3 . 52 . 095 and 3 . 52 . 125 of the San Bernardino Municipal Code relating to Uniform Transient Occupancy Tax. FINAL READING (Backup material was distributed on July 7, 1997, Item No. 31. ) MOTION: That said ordinance be adopted. Approved Adopted MC-998 LAID OVER FROM JULY 7, 1997 11 . An ordinance of the City of San Bernardino amending Section 6 of Ordinance No. MC-820 eliminating the expiration date of the 0 . 5°s increase of the Service Users Tax. FINAL READING (Backup material was distributed on July 7, 1997, Item No. 33 . ) MOTION: That said ordinance be adopted. Approved Adopted MC-999 3 7/21/1997 MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JUNE 2 , 1997 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Minor at 8 : 05 a.m. , Monday, June 2, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present : Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent : None . RECESS MEETING - CLOSED SESSION - (Discussed later in the meeting - pages 5 & 21) (1) At 8 : 06 a.m. , the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections : A. Conference with legal counsel - existing litigation pursuant to Government Code Section 54956 . 9 (a) : Rancho San Andreas Company vs . San Bernardino Municipal Water Dept . , et al . - San Bernardino Trial Court Case No. SCV 38415; Rancho San Andreas Company vs . San Bernardino City Attorney' s Office, et al . - San Bernardino Trial Court Case No. SCV 38416 ; Navor vs . City of San Bernardino - San Bernardino Superior Court Case No. SCV 30068 . B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956 . 9 . C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956 . 9 . 1 6/2/1997 D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957 . E . Conference with labor negotiator pursuant to Government Code Section 54957. 6 : Agency Negotiator: Barbara Dillon, Director of Personnel Employee Organization: San Bernardino City Professional Firefighters, Local 891 . CLOSED SESSION At 8 : 06 a.m. , Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall . ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present : Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent : None . Also present : Senior Assistant City Attorney Simmons, Deputy City Attorneys Empeno and Coleman, Edna Anderson, Administrative Operations Supervisor, City Attorney' s Office, and Barbara Dillon, Director of Personnel . READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council while the Mayor and Council and Community Development Commission were in closed session. DIRECTOR OF PERSONNEL DILLON EXCUSED At 8 :26 a.m. , Director of Personnel Dillon left the closed session. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 8 :37 a.m. , Deputy City Attorney Empeno left the closed session. ADJOURN CLOSED SESSION At 8 : 40 a .m. , the closed session adjourned to 9 : 00 a .m. in the Council Chambers of City Hall . 2 6/2/1997 RECONVENE MEETING At 9 : 04 a.m. , Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present : Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent : None . INVOCATION The invocation was given by Reverend Ed Gomez, St . Bernardine' s Catholic Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Negrete. APPOINTMENTS - EUGENE ALLENDER & SHIRLEY BERRY FOSTER - CIVIL SERVICE BOARD & FINE ARTS COMMISSION - MAYOR MINOR & COUNCIL MEMBER ANDERSON (2A&B) Mayor Minor submitted Staff Reports dated May 14 and 27, 1997, respectively, requesting appointments to the Civil Service Board and the Fine Arts Commission. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the re-appointment of Eugene Allender to the Civil Service Board and the appointment of Shirley Berry Foster to the Fine Arts Commission, as requested by Mayor Minor and Council Member Anderson, be approved. Mr. Allender and Ms . Foster accepted their certificates of appointment . PROCLAMATION - JUNE 7, 1997 - MONSIGNOR JOHN J. BRADLEY DAY - ST. BERNARDINE' S CHURCH (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming June 7, 1997, as Monsignor John J. Bradley Day within the City of San Bernardino. Monsignor Bradley was recognized for his dedicated service to the community and St . Bernardine' s Church was acknowledged for its 135th anniversary. Sister Marita Beumer accepted the proclamation. 3 6/2/1997 PROCLAMATION - JUNE 7-14, 1997 - NEIGHBORWORKS WEEK (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming the week of June 7 through 14 , 1997, as Neighborworks Week within the City of San Bernardino. Edward F. Moncrief, Executive Director, Neighborhood Housing Services, accepted the proclamation and stated that on Friday, June 6, 1997, an open house would be held at their facility located at 1390 North "D" Street, from 5-7 : 00 p.m. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin expressed concern regarding the expenditure of funds prior to receiving the recommendations of the Ad Hoc Budget Committee . Nonetheless, he clarified that the projects existed prior to the budget shortfall . He also recommended that the city consider charter amendments to allow the appointment of a City Attorney, increase Mayor and Council wages and to consider the separation of the Mayor and Council and the Community Development Commission. ANNOUNCEMENTS - COUNCIL MEMBER ARIAS (4) Council Member Arias announced that she will be sponsoring a Put A Slam On Blight Day for residents within the Third Ward. Tips on keeping your homes clean and in compliance with city codes will be given. The event will take place from 10 : 00 a.m. through 3 : 00 p.m. , Saturday, June 7, 1997, at Lytle Creek Park. ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman invited everyone to participate in the third annual music festival sponsored by Main Street Inc. , to be held June 6-8, 1997, at Court Street Square . ANNOUNCEMENTS - COUNCIL MEMBER DEVLIN (4) Council Member Devlin opposed the idea of a charter amendment to allow the appointment of a city attorney. ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson wished her husband a happy 47th wedding anniversary. ANNOUNCEMENTS - COUNCIL MEMBER MILLER (4) Council Member Miller stated that she attended a dinner in honor of the 70th anniversary for San Bernardino Valley College and wished them a Happy Birthday. 4 6/2/1997 ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman acknowledged and congratulated the Home of Neighborly Services for its 75th year of service within the community. City Attorney Penman stated that the City of Ontario has offered to build a courthouse for the County of San Bernardino. Thus, the Honorable Judge Kennedy will be appearing before the Mayor and Council today at 4 : 00 p.m. to address the county' s needs relative to the courthouse. City Attorney Penman also stated that when the riots occurred in Los Angeles, the city contacted his office to obtain a copy of our city' s charter, and the City of Los Angeles complimented the city for the powers granted to the Mayor. CLOSED SESSION ANNOUNCEMENTS - (Discussed earlier and later in the meeting - pages 1 & 21) (1) Deputy City Attorney Empeno announced that in closed session, the Mayor and Council unanimously approved an amendment to the settlement agreement between the City of San Bernardino and the California Attorney General' s Office regarding disabled access issues. The amendment replaces paragraph 3 . 10 of the settlement agreement regarding "E" Street, north of 2nd Street sidewalk improvements and substitutes a requirement that the city install 60 disabled access curb ramps at various listed sidewalk locations throughout the city and is to be completed by December 31, 1997 . PUBLIC COMMENTS - JOHN WEBSTER (5) John Webster, 3544 Broadmoor, San Bernardino, CA, expressed concern relative to the haphazard work completed by Caltrans on Waterman Avenue . Oleanders were cut down thereby exposing the walls to graffiti and increasing the noise level . City Attorney Penman stated that Council Member Miller expressed her concerns regarding the work completed on Waterman Avenue and that is why the city is pursuing a possible resolution. PUBLIC COMMENTS - WARNER HODGDON (5) Warner Hodgdon, 3295 Broadmoor, San Bernardino, CA, stated that his family has never sued the city until now and submitted a bound report dated May 29, 1997, concerning dedicated Sterling Avenue area/north and Daley Canyon Road. City Attorney Penman stated that Mr. Hodgdon initiated the lawsuits because he contends that the city did not provide information; however, his claims are false . 5 6/2/1997 PUBLIC COMMENTS - ROBERT NEVES (5) Robert Neves, 2348 Sterling Avenue 4439, San Bernardino, CA, stated that there is a vacancy within the Handicap Access Appeals Board and requested that the vacancy be filled, expressed support for the proposed installation of the sidewalk curb ramps and stated that the requirements of the Americans With Disabilities Act are not unfunded because the city receives millions of redevelopment dollars . PUBLIC COMMENTS - SUSAN ROGERS (5) Susan Rogers, volunteer for the city' s senior programs, expressed concern that the city does not have a full-time employee to address the needs of the homeless . PUBLIC COMMENTS - JOHN STEVENS (5) John Stevens, 4097 Pershing Avenue, San Bernardino, CA, stated that he is a member of the Norton Restoration Advisory Board and he has been monitoring water wells along Hospitality Lane and Waterman Avenue . His studies indicate that the water is highly radioactive and is not naturally recurring. PUBLIC COMMENTS - NORMA CLIFTON (5) Norma Clifton, 2805 La Praix Avenue, San Bernardino, CA, expressed concern regarding the deterioration of San Bernardino and the lack of interest exhibited by the legislative body. PUBLIC COMMENTS - JAY LINDBERG (5) Jay Lindberg, a resident of San Bernardino, voiced concern regarding the need for random drug testing of police personnel . He stated that while he was incarcerated, the police could not locate his personal belongings for two days and could not inform inquirers that he was in jail . PUBLIC COMMENTS - HAROLD DUFFY (5) Harold Duffy, Ad Hoc Budget Committee, presented a petition representing 556 city residents opposed to the reduction of parks and recreation programs and stated that the committee is preparing a list of 100 budget reduction and/or enhancement measures . RECESS MEETING At 10 : 03 a.m. , Mayor Minor declared a five-minute recess . RECONVENE MEETING At 10 : 11 a.m. , Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. 6 6/2/1997 ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present : Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent : None. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council be waived. COUNCIL MINUTES (7) Council Member Oberhelman made a motion, seconded by Council Member Negrete, 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: April 7, 1997; April 21, 1997 . CLAIMS & PAYROLL (8) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated April 29, 1997, from the Director of Finance be approved. PERSONNEL ACTIONS (9) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated May 22, 1997, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino be approved and ratified. RES. 97-159 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO AGE GENERAL CONSTRUCTION, INC. , FOR TRAFFIC SIGNAL MODIFICATION AT MT. VERNON AVENUE AND SEVENTH STREET AND MARSHALL BOULEVARD AND "E" STREET. (10) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-159 was adopted by the following vote : Ayes : Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays : None. Absent : None. 7 6/2/1997 CALTRANS TRIMMING & REMOVAL - BUSHES & TREES - WATERMAN AVENUE (NB1) Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter arose subsequent to the posting of the agenda. A discussion was held concerning the work conducted on the vegetation along Waterman Avenue by Caltrans and the means by which the city could be compensated. Council Member Miller made a motion, seconded by Council Member Negrete, that the City Attorney and Director of Public Works/City Engineer be directed to negotiate a contract to allow the city to maintain Waterman Avenue and pursue recompense of the affected vegetation; and that the City Attorney' s Office be authorized to file a claim with Caltrans, if the investigation shows that it is warranted. The motion carried by the following vote : Ayes : Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays : Council Member Curlin. Absent : None . RES. 97-160 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIFTH AMENDMENT TO CONTRACT WITH INLAND OVERHEAD DOOR COMPANY RELATING TO THE PROVISION OF MAINTENANCE OF OVERHEAD DOORS AT VARIOUS LOCATIONS. (11) Susan Rogers expressed concern that library funds were being utilized. Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 97-160 was adopted by the following vote : Ayes : Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays : None. Absent : None . RES. 97-161 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIFTH AMENDMENT TO CONTRACT WITH ARROW POWER SWEEPING RELATING TO THE PROVISION OF SWEEPING SERVICES FOR THE CAROUSEL MALL PARKING SPACES . (12) Susan Rogers stated that the mall management should be responsible for sharing the costs . Mayor Minor explained that the parking lots are owned by the city. 8 6/2/1997 Harold Duffy, Ad Hoc Budget Committee, inquired if the city could provide the services at a cheaper rate. Roger Hardgrave, Director of Public Works/City Engineer, stated that a study was completed and it was determined that it was cheaper to privatize . City Attorney Penman advised against the approval of contract amendments for the extension of services . Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97-161 was adopted by the following vote : Ayes : Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays : Council Member Curlin. Absent : None . RES. 97-162 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AGREEMENTS WITH THE COUNTY OF SAN BERNARDINO FOR COLLECTION OF ANNUAL ASSESSMENTS ON THE COUNTY TAX ROLLS. (13) Director Hardgrave explained the necessity for the contract and the difference between community facility districts and assessment districts. Council Member Devlin made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-162 was adopted by the following vote : Ayes : Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays : None . Absent : None . APPROVE PLAN NO. 9655 - PAVEMENT REHABILITATION - HOSPITALITY LANE & LENA ROAD - AUTHORIZE ADVERTISEMENT FOR BIDS (14) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated May 22 , 1997, concerning the rehabilitation of pavement on Hospitality Lane and Lena Road. Director Hardgrave answered questions concerning the utilization of gas tax and sales tax funds and the selection of said project . A discussion was held regarding the future priorities of the city. Council Member Negrete made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans for pavement rehabilitation on Hospitality Lane, from "E" Street to Waterman Avenue, and Lena Road, from Mill Street to Rialto Avenue, 9 6/2/1997 in accordance with Plan No. 9655, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids . APPROVE PLAN NO. 9487 - STREET IMPROVEMENTS - MILL STREET, FROM LENA ROAD TO TIPPECANOE AVENUE - AUTHORIZE ADVERTISEMENT FOR BIDS (15) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated May 19, 1997, concerning the improvement of Mill Street, from Lena Road to Tippecanoe Avenue . Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the plans for the improvement of Mill Street, from Lena Road to Tippecanoe Avenue, in accordance with Plan No. 9487, be approved; that the Director of Public Works/City Engineer be authorized to advertise for bids; and that the Director of Finance be authorized to adjust the Street Construction Fund budget to reflect project costs and the anticipated revenue in the amount of $1, 287, 500 from the federal Economic Development Administration grant and the Inland Valley Development Agency. WAIVE FEES - $3 , 670 - EUCHARISTIC PROCESSION - JUNE 14, 1997 - OUR LADY OF GUADALUPE CHURCH/ST. ANTHONY' S CHURCH (16) Fred Wilson, Acting City Administrator, submitted a Staff Report dated May 14, 1997, concerning a request for a waiver of fees in the amount of $3 , 670 from Our Lady of Guadalupe Church/St . Anthony' s Church for a eucharistic procession to be held on June 14, 1997 . Council Member Devlin made a motion, seconded by Council Member Anderson, that the request for a waiver of fees in the amount of $3 , 670 for costs associated with a eucharistic procession to be held on June 14 , 1997, be denied. (Note : There was no vote taken. ) Discussion ensued regarding the practice established by the Council to deny all fee waivers as a result of the pending budget deficit . The following individuals urged the Council to approve said request : Susan Rogers. Father Rosales, Our Lady of Guadalupe Church, 1430 W. 5th Street, San Bernardino, CA. David Aguirre, 1054 W. Evans, San Bernardino, CA. 10 6/2/1997 Nelson Glass . Father Ed Vargas, St . Anthony' s Church, 1640 Western Avenue, San Bernardino, CA. Esther Estrada recommended that the permit be granted with the stipulation that a private security firm would be provided for the monitoring of the march. A discussion was held concerning the rights granted by the first amendment to the Constitution and the possible utilization of volunteers . Council Member Miller made a substitute motion that the matter be continued to this afternoon. The substitute motion failed for lack of a second. Council Member Negrete made a substitute motion, seconded by Council Member Arias, that the request for a waiver of fees in the amount of $3 , 670 for costs associated with a eucharistic procession to be held on June 14, 1997, be approved. The substitute motion failed by the following vote : Ayes : Council Member Negrete . Nays : Council Members Curlin, Arias, Oberhelman, Devlin, Miller. Absent : None . Council Member Oberhelman made a motion, seconded by Council Member Curlin, that the request for a waiver of fees in the amount of $3 , 670 for costs associated with a eucharistic procession to be held on June 14 , 1997, be denied. The motion carried by the following vote : Ayes : Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays : Council Member Negrete . Absent : None . WAIVE FEES - $45, 883 - NATIONAL ORANGE SHOW - MAY 22-26, 1997 - POLICE SERVICES (17) Fred Wilson, Acting City Administrator, submitted a Staff Report dated May 22, 1997, concerning a waiver of fees in the amount of $45, 883 for police services provided at the National Orange Show held on May 22-26, 1997 . Corey Oakley, General Manager, National Orange show, requested a waiver of fees in the amount of $45, 883 for police services provided at the National Orange Show. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the request for waiver or reduction of fees in the amount of $45, 883 for the National Orange Show, which was held May 22-26, 1997, be denied. 11 6/2/1997 SET MEETING DATES - BUDGET DELIBERATIONS - FISCAL YEAR 1997/98 (18) Fred Wilson, Acting City Administrator, submitted a Staff Report dated May 23 , 1997, requesting that dates be set for the fiscal year 1997/98 budget deliberations . Susan Lien, Ad Hoc Budget Committee, stated that the Ad Hoc Budget Committee meetings are held at 5 : 30 p.m. and encouraged the Mayor and Council to hold the budget deliberations in the evening. Harold Duffy, Ad Hoc Budget Committee, asked that the Mayor and Council consider the time people can attend the meetings when budget reduction measures are being addressed. A discussion was held concerning the dates to be set to review the fiscal year 1997/98 budget . Council Member Anderson made a motion, seconded by Council Member Miller, that the following dates and times be set for fiscal year 1997/98 budget deliberations : Wednesday, June 18, 1997, at 9 : 00 a .m. ; Wednesday, June 25, 1997, at 5 :30 p.m. ; Thursday, June 26, 1997, at 5 : 30 p.m. ; and Monday, June 30, 1997, at 5 :30 p.m. The motion carried by the following vote : Ayes : Council Members Negrete, Arias, Oberhelman, Devlin, Anderson, Miller. Nays : Council Member Curlin. Absent : None . APPROVE AMICUS BRIEF - CITY OF OCEANSIDE - CITY ATTORNEY' S OFFICE (19) City Attorney James Penman submitted a Staff Report dated May 20, 1997, requesting authorization to file an amicus brief in support of the City of Oceanside relative to Penn Pacific Properties, Inc . , vs . City of Oceanside, et al . City Attorney Penman stated why the city should consider the filing of an amicus brief . Council Member Devlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the City Attorney' s Office be authorized to join amicus in support of the City of Oceanside in Penn Pacific Properties, Inc . , vs . City of Oceanside, et al . AUTHORIZE BUDGET AMENDMENT - FISCAL YEAR 1996/97 - POST- MANDATED TRAINING COURSES - CAL-ID PAYMENT - POLICE DEPARTMENT (25) Wayne Harp, Assistant Chief of Police, submitted a Staff Report dated May 13 , 1997, requesting authorization for a fiscal year 1996/97 budget amendment to cover the costs for POST-mandated 12 6/2/1997 training courses and the CAL-ID payment to the San Bernardino Sheriff' s Department . Council Member Devlin made a motion, seconded by Council Member Anderson, that $50, 000 in Patrol Division salary savings be transferred into the Personnel and Training Division budget for the purpose of sending sworn personnel to POST training courses for the remainder of the fiscal year; further, that $6, 600 in overtime funding be transferred to professional/contractual services to cover the Police Department' s share of the CAL-ID payment to the San Bernardino Sheriff' s Department . (Note : There was no vote taken. ) Lieutenant Bob Curtis answered questions regarding reimbursements for POST-mandated training courses and the benefits derived from using CAL-ID (identification system) . Council Member Oberhelman made a substitute motion, seconded by Council Member Arias, that the matter be continued to the Mayor and Council meeting of June 16, 1997 . The substitute motion carried by the following vote : Ayes : Council Members Curlin, Arias, Oberhelman, Anderson. Nays : Council Members Negrete, Devlin, Miller. Absent : None. Mayor Minor vetoed the motion. Council Member Negrete made a motion, seconded by Council Member Devlin, that $50, 000 in Patrol Division salary savings be transferred into the Personnel and Training Division budget for the purpose of sending sworn personnel to POST training courses for the remainder of the fiscal year; further, that $6 , 600 in overtime funding be transferred to professional/contractual services to cover the Police Department' s share of the CAL-ID payment to the San Bernardino Sheriff' s Department . The motion carried by the following vote : Ayes : Council Members Negrete, Curlin, Devlin, Anderson, Miller. Nays : Council Members Arias, Oberhelman. Absent : None . STATUS REPORT - DAIRY COUNTRY STORE - 869 E. RIALTO AVENUE - PCN 96-01 - LIQUOR LICENSE - (Continued from November 18, 1996) (29) Michael Hays, Director of Planning and Building Services, submitted a Staff Report dated May 28, 1997, concerning a status report on the number of calls for service received from the Police Department resulting from the services provided by the Dairy Country Store located at 869 E. Rialto Avenue. Council Member Devlin made a motion, seconded by Council Member Negrete, that the status report on the Dairy Country Store 13 6/2/1997 located at 869 E . Rialto Avenue, be received and filed. (Note : There was no vote taken. ) Irene Rhoades, 869 E. Rialto Avenue, San Bernardino, CA, asked if the store could be allowed to extend their operating hours to 9 : 00 p.m. during the summer months . Council Member Anderson made a substitute motion, seconded by Council Member Negrete, and unanimously carried, that the Mayor and Common Council receive and file the report; and that the restrictions in operating hours be amended to reflect the closure at 9 : 00 p .m. , during the summer months . RECESS MEETING At 12 : 05 p.m. , Mayor Minor recessed the joint regular meeting of the Mayor and Common Council and Community Development Commission to 2 : 00 p.m. in the Council Chambers of City Hall , RECONVENE MEETING At 2 : 04 p.m. , Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present : Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson; Senior Assistant City Attorney Carlyle and Economic Development Agency Special Counsel Sabo, City Clerk Rachel Clark, Economic Development Agency Administrator Steinhaus . Absent : Council Member Miller. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2 : 04 p .m. , Chairman Minor called to order the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council . NOTE : Community Development Commission items which require action by the Mayor and Common Council are denoted by the letter "R" and are reflected herein. Minutes of actions taken on Community Development Commission items are distributed separately by the Economic Development Agency. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R2) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that full reading of the 14 6/2/1997 resolutions on the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council, be waived. RES. 97-163 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO POLICE DEPARTMENT. (R4) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-163 was adopted by the following vote : Ayes : Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays : None. Absent : Council Member Miller. SET PUBLIC HEARING - ADOPT SECOND AMENDMENT - 1996/97 SECOND YEAR ACTION PLAN COMPONENT OF THE CONSOLIDATED PLAN - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - HOME INVESTMENT PARTNERSHIP ACT PROGRAM (HOME) - DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) (R5) Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated May 28, 1997, requesting that June 16 , 1997, at 2 : 00 p.m. be set as the date and time for a public hearing on the adoption of the second amendment to the 1996/97 second year action component of the Consolidated Plan. Council Member Oberhelman made a motion, seconded by council Member Negrete, and unanimously carried, that the Mayor and Common Council establish June 16 , 1997, at 2 : 00 p .m. , as the date and time for the public hearing to review and adopt the second amendment to the 1996/1997 second year action plan component of the Consolidated Plan. COUNCIL MEMBER MILLER RETURNED At 2 : 05 p.m. , Council Member Miller returned to the council meeting and took her place at the council table . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AUTHORIZING CERTAIN LEASE AGREEMENTS, THE FORMS OF CERTAIN DOCUMENTS RELATED THERETO AND THE TRANSFER OF CERTAIN PROPERTY TO THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY. (RSlA) 15 6/2/1997 RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $16, 250, 000 PUBLIC FACILITIES LEASE REVENUE REFUNDING BONDS 1997 SERIES A, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (RS1C) Mayor Minor stated that said proposal would refinance the central library and fire station and the city would realize a quick influx of funds which would help reduce next year' s budget deficit . However, the debt would be extended to a longer period of time. Special Counsel Sabo explained the refinancing process, the extended indebtedness of the city and the savings which would be realized as a result of the lower interest rate . A discussion was held relative to the need to address the current budget deficit and the pros and cons the refinancing would yield. Rhonda Connelly, Miller and Schroeder, answered questions regarding the proposed interest rate . Acting City Administrator Wilson answered questions concerning the proposed computer upgrade which includes CAD, RMS and office automation. Council Member Curlin made a motion that said resolutions be continued to the Mayor and Council meeting of June 16 , 1997 . The motion failed for lack of a second. Council Member Negrete made a motion, seconded by Council Member Devlin, that said resolutions be adopted. (Note : There was no vote taken. ) Discussion ensued regarding the city' s current debt ratio and the future indebtedness the city would incur if said proposal was approved. Council Member Negrete made a substitute motion, seconded by Council Member Devlin, that said resolution (Item No. RS1A) be adopted. (Note : There was no vote taken. ) Susan Lien, Ad Hoc Budget Committee Member, opposed the adoption of said resolution. Council Member Miller made a motion, seconded by Council Member Arias, that said resolution (Item No. RS1C) be continued to the Mayor and Council meeting of June 16, 1997 . 16 6/2/1997 The motion carried by the following vote : Ayes : Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays : Council Member Devlin. Absent : None. Council Member Curlin made a motion, seconded by Council Member Negrete, that said resolution (Item No. RS1A) be continued to the Mayor and Council meeting of June 16, 1997 . The motion carried by the following vote: Ayes : Council Members Negrete, Curlin, Arias, Oberhelman, Anderson, Miller. Nays : Council Member Devlin. Absent : None. SENIOR ASSISTANT CITY ATTORNEY CARLYLE & SPECIAL COUNSEL SABO EXCUSED At 4 : 16 p .m. Senior Assistant City Attorney Carlyle and Special Counsel Sabo left the council meeting and were replaced by City Attorney Penman. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS EXCUSED At 4 : 16 p.m. , Economic Development Agency Administrator Steinhaus left the council meeting and was replaced by Acting City Administrator Wilson. BRIEF/UPDATE - SAN BERNARDINO COURT HOUSE RELOCATION - HONORABLE JUDGE JOHN KENNEDY (27) San Bernardino Superior Court Judge John Kennedy stated that the San Bernardino County Court House, currently located on Arrowhead Avenue, does not meet current earthquake safety standards . Thus, a new location needs to be considered in order to address the safety measures and the future growth of the courts. He reviewed the options currently available to them and answered questions concerning the future needs of the courts . No further action was taken on this matter. RECESS MEETING At 5 : 18 p.m. , Mayor Minor declared a five-minute recess . RECONVENE MEETING At 5 : 22 p.m. , Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present : Mayor Minor; Council Members Negrete, Arias, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle, City Clerk Rachel Clark, Economic Development Agency Administrator Steinhaus. Absent : Council Members Curlin, Oberhelman. 17 6/2/1997 COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 5 :22 p.m. , Chairman Minor reconvened the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council . At this time, the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items . COUNCIL MEMBER CURLIN RETURNED At 5 : 23 p.m. , Council Member Curlin returned to the council meeting and took his place at the council table. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 5 :23 p.m. , Senior Assistant City Attorney Carlyle left the council meeting and was replaced by City Attorney Penman. RES. 97-164 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE FIRE SAFETY EMPLOYEES' BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY THE SAN BERNARDINO CITY PROFESSIONAL FIREFIGHTERS, LOCAL 891 . (Si) Barbara Dillon, Director of Personnel, explained the provisions of the firefighters' memorandum of understanding. CITY ATTORNEY PENMAN EXCUSED At 5 : 27 p.m. , City Attorney Penman left the council meeting and was replaced by Senior Assistant City Attorney Carlyle . Susan Lien, Ad Hoc Budget Committee, requested that the Mayor and Council refrain from adopting said resolution at this time . Director Dillon answered questions regarding the funds allocated for salaries and explained that the cost for salaries is not reflected in the memorandum of understanding. Harold Duffy, Ad Hoc Budget Committee, opposed the approval of the memorandum of understanding. Mayor Minor explained that Charter Section 186 mandates the salary increases for police and fire; and unless a charter amendment is initiated and successfully repeals Section 186, there is nothing that can preclude the granting of salary increases to fire and police safety personnel . 18 6/2/1997 Council Member Devlin made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97-164 was adopted by the following vote : Ayes : Council Members Negrete, Arias, Devlin, Anderson, Miller. Nays : Council Member Curlin. Absent : Council Member Oberhelman. AUTHORIZE BUDGET AMENDMENT - FISCAL YEAR 1996/97 - ECONOMIC DEVELOPMENT AGENCY REIMBURSEMENT - CODE COMPLIANCE DIVISION - DEMOLITION COSTS (20) Bill Skiles, Manager, Code Compliance Division, submitted a Staff Report dated May 21, 1997, concerning an amendment to the Code Compliance Division' s fiscal year 1996/97 budget . Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council authorize the Director of Finance to amend the fiscal year 1996/97 budget to reflect the increase of $88, 284 for demolitions, and the reimbursement to be received from Economic Development Agency Project #90-11. 5 Demolition, for the costs as outlined in the Staff Report dated May 21, 1997, from Bill Skiles, Manager, Code Compliance Division. COUNCIL MEMBER OBERHELMAN RETURNED At 5 : 39 p.m. , Council Member Oberhelman returned to the council meeting and took his place at the council table . MEETING REQUEST - SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION (SBPEA) - BUDGET REDUCTION MEASURES - FISCAL YEAR 1997/98 (21) Council Member Arias submitted a Staff Report dated May 22 , 1997, requesting that the Mayor and Council consider having a meeting after working hours to allow members of the San Bernardino Public Employees Association an opportunity to address their concerns regarding the fiscal year 1997/98 budget . It was noted that three budget meetings were set at 5 :30 p.m. and this would allow the employees ample time to address their concerns . Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, that the matter be tabled. RES. 97-165 - RESOLUTION AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 1997-1998; THE ISSUANCE AND SALE OF A 1997-1998 TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM. (22) 19 6/2/1997 Council Member Anderson made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 97-165 was adopted by the following vote : Ayes : Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays : None. Absent : None . RES. 97-166 - RESOLUTION AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE CENTER OF HEALTH RESOURCES PURCHASE CONNECTION, GROUP PURCHASING, DIETARY PROGRAM FOR RAW FOOD PRODUCTS FOR THE CITY' S SENIOR NUTRITION PROGRAM. (23) Council Member Miller made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97-166 was adopted by the following vote : Ayes : Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays : None . Absent : None. RES. 97-167 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN CITY RECORDS OF THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT. (24) Council Member Anderson made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 97-167 was adopted by the following vote : Ayes : Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays : None . Absent : None . RES. 97-168 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, SUCCESSOR TO THE SOUTH SAN BERNARDINO COUNTY WATER DISTRICT, ASSESSING PROPERTIES WITHIN THE PREVIOUS DISTRICT BOUNDARIES IN THE AMOUNT OF $14 , 687 . 50 FOR THE FISCAL YEAR 1997/98 . (26) Council Member Anderson made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-168 was adopted by the following vote : Ayes : Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays : None . Absent : None. ORD. MC-994 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN BERNARDINO. (Continued from May 19, 1997) Final (28) 20 6/2/1997 SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 5 :41 p.m. , Senior Assistant City Attorney Carlyle left the council meeting and was replaced by City Attorney Penman. Acting City Administrator Wilson answered questions regarding the list of positions eligible for the golden handshake and the effect the program would have on said positions . Barbara Pachon, Director of Finance, explained that the funds required for implementation of the program would be utilized from the Public Employees' Retirement System (PERS) reserve fund. Council Member Anderson made a motion, seconded by Council Member Arias, that said ordinance be adopted. Ordinance No . MC-944 was adopted by the following vote : Ayes : Council Members Negrete, Curlin, Arias, Devlin, Anderson, Miller. Nays : Council Member Oberhelman. Absent : None. RECESS MEETING - CLOSED SESSION - (Discussed earlier in the meeting - pages 1 & 5) (1) At 5 :46 p.m. , the Mayor and Common Council and Community Development Commission recessed to closed session for the following: Pursuant to Government Code Sections : B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956 . 9 . CLOSED SESSION At 5 :46 p .m. , Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall . ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present : Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Rachel Clark, Acting City Administrator Wilson. Absent : None . Also present : Senior Assistant City Attorneys Carlyle and Simmons . COUNCIL MEMBER CURLIN EXCUSED At 6 : 04 p .m. , Council Member Curlin left the closed session. 21 6/2/1997 CLOSED SESSION/MEETING ADJOURNMENT (30) At 6 : 10 p.m. , the closed session/joint regular meeting adjourned. The next joint regular meeting will be held at 8 : 00 a.m. , Monday, June 16 , 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By uzanna Cordova Deputy City Clerk No. of Items : 36 No. of Hours : 8 22 6/2/1997