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HomeMy WebLinkAbout10-06-1997 Minutes ,~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 6, 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 8:04 a.m., Monday, October 6, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Curlin, Arias, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Clark, ci ty Administrator Wilson. Absent: Council Members Negrete, Anderson. RECESS MEETING - CLOSED SESSION At 8: 04 a. m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the Pursuant to Government Code Sections: A. Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): Clark vs. City of San Bernardino Superior Court Case No. SCV 40674. San Bernardino B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: one. C. Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: one. D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957. CLOSED SESSION At 8:05 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall. 1 10/6/1997 ~ ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Curlin, Arias, Oberhelman, Devlin, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Negrete, Anderson. Also present: Senior Assistant City Attorney Simmons, Deputy City Attorney Alstadt, Edna Anderson, Administrative Operations Supervisor, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and the regular agenda 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. COUNCIL MEMBER NEGRETE ARRIVED At 8:11 a.m., Council Member Negrete arrived at the closed session. ADJOURN CLOSED SESSION At 8:35 a.m., the closed session adjourned to 9:00 a.m. in the Council Chambers of City Hall. RECONVENE MEETING At 9:02 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 Clark with the following being present: Mayor Minor; Council Members Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Negrete, Curlin, Arias. INVOCATION The invocation was given by Reverend Barnabas Laubach, St. Bernardine's Medical Center. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Miller. APPOINTMENTS (2) There were no appointments at this meeting. 2 10/6/1997 PROCLAMATION - FIRE PREVENTION WEEK - OCTOBER 5-11, 1997 (3) J. Lorraine Velarde, Executive Assistant to the Mayor, resolution proclaiming the week of October 5-11, 1997 as Prevention Week" within the City of San Bernardino. read a HFire Fire Chief Larry Pitzer accepted the proclamation announced that an Open House would be held at the Central Station on October 11, from 10:00 a.m. through 2:00 p.m. and Fire COUNCIL MEMBERS NEGRETE, CURLIN & ARIAS RETURNED At 9:07 a.m., Council Members :ilegrete, Curlin and returned to the council meeting and took their places council table. Arias at the PROCLAMATION - NATIONAL FOOD BANK WEEK - OCTOBER 13-17, 1997 (3) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming the week of October 13-17, 1997 as "National Food Bank Week" within the City of San Bernardino. Daryl E. Brock, Survive Food Bank, accepted the and stated that his organization distributes food qualified organizations. proclamation to over 600 ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4) Council Member Anderson acknowledged the Promise Keepers March held this past weekend in Washington, D.C. and commended the 37 men who rented a Trailways bus from Los Angeles to participate in the march. ANNOUNCEMENTS - COUNCIL MEMBER OBERHELMAN (4) Council Member Oberhelman commended Ann Harris, Executive Director of Main Street, Inc., on the music festival held this past weekend. ANNOUNCEMENTS - COUNCIL MEMBER AR~AS (4) Council Member Arias congratulated Jesse Valenzuela, Field Representative of Assemblyman Joe Baca, on his appointment as President of the Greater Kiwanis of San Bernardino. ANNOUNCEMENTS - COUNCIL MEMBER CURLIN (4) Council Member Curlin expressed inequality applied in allowing certain participate in their freedom of speech. concern regarding elected officials the to 3 10/6/1997 ANNOUNCEMENTS - COUNCIL MEMBER NEGRETE (4) Council Member Negrete announced that today is the last day to register to vote for the November 4 election. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark reiterated that today is the last day to register to vote and announced that on October 8 an election would be held within the Sixth Ward to elect members to the Northwest Redevelopment Project Area Committee. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman reminded absentee voters to return their ballots to the Registrar of Voters Office. ANNOUNCEMENTS - MAYOR MINOR (4) Mayor Minor announced that he had attended a police officers banquet and expressed his admiration for safety personnel. PUBLIC COMMENTS - PETE PASQUALE (5) Pete expressed agreements Pasquale, 2516 N. Fremontia, San his support for the adoption of with the neighborhood associations. Bernardino, CA, the cooperative PUBLIC COMMENTS - RUBEN LOPEZ (5) Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, opposed the proposed revisions to the City Charter such as an appointed City Attorney and a city-manager form of government. PUBLIC COMMENTS - SUSAN LIEN (5) Susan Lien, a resident of San Bernardino, stated that the meeting of the Mayor and Council is a business meeting and any statements made relative to the election should be limited to the election forums. PUBLIC COMMENTS - COUNCIL MEMBER CURLIN (5) Council Member Curlin, speaking from the podium, expressed concern that the City Attorney's Office has not provided input to the Council regarding the use of fireworks within the city. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman stated that the Mayor and Council voted to refer the fireworks issue to the City Attorney's Office and the City Administrator; and at that time, he inquired about the time 4 10/6/1997 frame and it was the consensus that the matter be brought back after the November 4 election. Mayor Minor confirmed the statement made by City Attorney Penman. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (6) Council Member Oberhelman made a motion, seconded by Council Member Anderson, 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. CLAIMS & PAYROLL (7) Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated September 16, 1997, from the Director of Finance be approved. RES. 97-291 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (10) RES. 97-292 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RITA CORONADO RELATING TO THE FURNISHING OF MENTOR COORDINATOR SERVICES TO BE UTILIZED BY THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT. (13) RES. 97-293 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A HEART SMART GRANT FROM CALIFORNIA HEALTHY CITIES PROJECT. (14) RES. 97-294 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO ENTER INTO AN AGREEMENT WITH LOMA LINDA UNIVERSITY MEDICAL CENTER TO SERVE AS A COMMUNITY PARTNER IN THE CALIFORNIA HEALTHY CITIES HEART SMART GRANT. (15) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolutions be adopted. Resolution Nos. 97-291, 97-292, 97-293 and 97-294 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, 5 10/6/1997 Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. PERSONNEL ACTIONS - page 24) (Discussed later in the meeting - (8) Council inquired about the correct classification for Item No. One and the promotion for Item No. Two. City Administrator Wilson explained that the civil Service process had been utilized in considering the promotion of Item No. Two. Council Member Negrete made a motion, seconded by Council Member Arias, that the personnel actions as submitted by the Chief Examiner dated September 25, 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, except for Item No. Two. Council Member Curlin made a substitute motion, seconded by Council Member Negrete, that the matter be continued to the afternoon. The substitute motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Absent: None. Abstain: Council Member Miller. RES. 97-295 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA HEALTHY CITIES PROJECT FOR THE FOLLOWING PROJECT: BLIGHT STUDENT EDUCATIOK PROGRAM. (9) Council inquired about the program, suggested that the neighborhood associations be included, and a discussion was held relative to such. Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 97-295 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. 6 10/6/1997 RES. 97-310 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PROVIDE OLDER ADULT CONTINUING EDUCATION CLASSES AT SENIOR CENTERS AND COMMUNITY CENTER FACILITIES OPERATED BY THE DEPARTMENT. (Discussed later in the meeting - page 24) (11) Council inquired whether the school district is receiving funds to provide facilities. If so, council felt that the city should be reimbursed for the use of our facilities. It was the consensus of the Mayor and Council that the matter be continued to the afternoon. RES. 97-296 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE A CONTRACT WITH SAN BERNARDINO CITY UNIFIED SCHOCL DISTRICT TO PROVIDE YOUTH MENTORING SERVICES. (12) Council inquired whether or not the city would incur any costs. John Kramer, Superintendent of Recreation, Parks, Recreation and Community Services, explained the services provided within the youth mentoring program. Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 97-296 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RE. 97-297 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH FLOYD ALLRED RELATING TO THE FURNISHING OF CARETAKER SERVICES TO BE UTILIZED BY THE ?ARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT. (16) Council inquired about the feasibility of stationing a camper on public facilities. City Attorney Penman explained that agreement has been obtained and the indlvidual have a $1,000,000 insurance policy. an indemnification will be required to Council Member Negrete made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. 7 10/6/1997 Resolution Ayes: Council Miller. Nays: Curlin. Absent: No. 97-297 was adopted by the following vote: Members Negrete, Arias, Oberhelman, Anderson, Council Member Devlin. Abstain: Council Member None. RES. 97-298 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE PURCHASING MANAGER TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF $115,000 FOR WEST COAST ARBORIST, INC., RELATING TO TREE TRIMMING SERVICES. (17) A discussion ensued regarding the selection process. Council Member Negrete made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 97-298 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 97-299 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING AN ANNUAL PURCHASE ORDER TO MORTON TRAFFIC MARKINGS FOR FURNISHING AND DELIVERING TRAFFIC STRIPING PAINT AND THINNER; AND REJECTING ~HE LOW BID FROM VISTA PAINT CORPORATION. (Discussed later in the meeting - page 9) (18) Council inquired if Morton Traffic Markings would extend the city a two percent savings if payment of the invoice was completed within 10 days. It was the consensus of the Mayor and Council that the matter be continued to later in the meeting. APPROVE PLAN NO. 9721 - UPGRADE TRAFFIC SIGNALS - 5TH STREET & 6TH STREET - AUTHORIZE ADVERTISEMENT FOR BIDS (19) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated September 16, 1997, concerning the upgrading of traffic signals on 5th and 6th Streets. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the plans for upgrading traffic signals on 5th Street, at "D" Street and Mt. View Avenue, and on 6th Street at "F" Street, in accordance with Plan No. 9721, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. 8 10/6/1997 RES. 97-299 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING AN ANNUAL PURCHASE ORDER TO MORTON TRAFFIC MARKINGS FOR FURNISHING AND DELIVERING TRAFFIC STRIPING PAINT AND THINNER; AND REJECTING THE LOW BID FROM VISTA PAINT CORPORATION. (Discussed earlier in the meeting - page 8) (18) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 97-299 was Ayes: Council Members Negrete, Anderson, Miller. Nays: None. adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Absent: None. APPROVE PLAN NO. 9725 STREET AT HE" STREET ADVERTISEMENT FOR BIDS INSTALL CROSS GUTTERS - 16TH & ARROWHEA::J AVENUE AUTHORIZE (20) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated September 10, 1997, concerning the installation of cross gutters on 16th Street, at "E" Street and Arrowhead Avenue. Director Hardgrave explained the services to be provided. Council Member Curlin made a mo~ion, seconded by Council Member Arias, and unanimously carried, that the plans for installation of cross gutters on 16th Street, at "E" Street and Arrowhead Avenue, in accordance with Plan No. 9725, be approved; that the project be appropriately expanded to include provisions for persons with disabilities to include appropriate ramps and so on; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RECESS MEETING At 10:10 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10: 17 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 Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. 9 10/6/1997 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 12, BY REPEALING CHAPTERS 12.04 AND 12. DB OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED "EXCAVATIONS" AND "ENCROACHMENTS" TO REVISE PROCEDURES RELATING TO PERMITS FOR EXCAVATIONS AND ENCROACHMENTS INTO PUBLIC RIGHT-OF- WAY BY ADDING CHAPTER 12.03 ENTITLED "RIGHT-OF-WAY PERMITS EXCAVATIONS AND TEMPORARY ENCROACHMENTS." (Discussed later in the meeting - page 12) First (21) It was the consensus of the Mayor and Council that the matter be continued to later in the meeting. PUBLIC HEARING - ASSESSMENT DISTRICT NO. 1020 - MILL STREET & DALLAS AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT - BALLOT TABULATION - ORDERING WORK - CONFIRM ASSESSMENT ROLL (22) Roger Hardgrave, Director submitted a Staff Report dated Assessment District No. 1020. of Public September Works/City 15, 1997, Engineer, concerning Mayor Minor opened the hearing. No public comments were received. City Clerk Clark announced that :3 ballots in favor of the assessment district had been received. RES. 97-300 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT BALLOTS REPRESENTING OVER FIFTY PERCENT (50%) AFFIRMATIVE VOTES FOR THE PROPOSED ASSESSMENT HAVE BEEN RECEIVED AND THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF LANDSCAPING IN THE AREA OF MILL STREET AND DALLAS AVENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1020, ORDERING THE WORK, CONFIRMING THE 199B-99 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (22) Council Member Curlin made a motion, Member Anderson, and unanimously carried, closed. seconded that the by Counc i 1 hearing be Council Member Arias made a motion, seconded by Council Member Negrete, that a determination of ballots and/or protests filed be made that the existence of less than a majority protest exists, relative to the formation of the Mill and Dallas Area Landscape 10 10/6/1997 Maintenance Assessment District (AD 1020); and that said resolution be adopted. The motion carried and Resolution No. 97-300 the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Anderson, Miller. ~ays: None. was adopted by Curlin, Arias, Absent: None. PUBLIC HEARING ASSESSMENT DISTRICT NO. 1023 ELM AVENUE & COULSTON STREET AREA ~ANDSCAPE MAINTENANCE ASSESSMENT DISTRICT - BALLOT TABULATION - ORDERING WORK - CONFIRM ASSESSMENT ROLL (23) Roger Hardgrave, Director submitted a Staff Report dated Assessment District No. 1023. of Pc:blic September Works/City 15, 1997, Engineer, concerning Mayor Minor opened the hearing. No public comments were received. City Clerk Clark announced that 36 ballots in favor of the assessment district had been received and 3 properties had been sold. RES. 97-301 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT BALLOTS REPRESENTING OVER FIFTY PERCENT (50%) AFFIRMATIVE VOTES FOR THE PROPOSED ASSESSMENT HAVE BEEN RECEIVED AND THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF LANDSCAPING IN THE AREA OF ELM AVENUE AND COULSTON STREET, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1023, ORDERING THE WORK, CONFIRMING THE 1998-99 ASSESSMENT ROLL AND FUTURE ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (23) Council Member Curlin made a motion, Member Anderson, and unanimously carried, closed. seconded that the by Council hearing be Council Member Arias made a motion, seconded by Council Member Curlin, that a determination of ballots and/or protests filed be made that the existence of less than a majority protest exists, relative to the formation of the Elm and Coulston Area Landscape Maintenance Assessment District (AD 1023); and that said resolution be adopted. The motion carried and Resolution No. 97-301 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, 11 10/6/1997 Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 12, BY REPEALING CHAPTERS 12.04 AND 12.08 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED "EXCAVATIONS" AND "ENCROACHMENTS" TO REVISE PROCEDURES RELATING TO PERMITS FOR EXCAVATIONS AND ENCROACHMENTS INTO PUBLIC RIGHT-OF- WAY BY ADDING CHAPTER 12.03 ENTITLED "RIGHT-OF-WAY PERMITS EXCAVATIONS AND TEMPORARY ENCROACHMENTS." (Discussed earlier in the meeting - page 10) First (21) Council Member Curlin made a motion, seconded by Council Member Negrete, and unanimously carried, that said ordinance be laid over for final adoption. RES. 97-302 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 97- 267 RELATING TO AN AGREEMENT DELEGATING CERTAIN MAINTENANCE FUNCTIONS ON STATE HIGHWAYS; REINSTATING RESOLUTION NO. 84-58 RELATING TO THE SHARING OF COSTS FOR ELECTRICAL FACILITIES ON STATE HIGHWAYS; AND RESCINDING RESOLUTION NO. 84 -59 RELATING TO MAINTENANCE WORK ON STATE HIGHWAYS. (24) Council Member Anderson made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 97-302 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. RES. 97-303 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CO-OPERATIVE AGREEMENT WITH THE VESPAR DEVELOPMENT COMPANY RELATING TO THE CONSTRUCTION OF A PEDESTRIAN WALKWAY ACROSS BALDRIDGE CREEK IN CONNECTION WITH DEVELOPMENT OF TRACT NO. 10302. (25) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 97-303 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. STREET NAME CHANGE - PIONEER STREET, EAST OF WATERMAN AVENUE, TO ORANGE SHOW ROAD (26) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated September 25, 1997, concerning the name change of pioneer Street, east of Waterman Avenue, to Orange Show Road. 12 10/6/1997 Council Member Negrete made a motion, seconded by Council Member Curlin, and unanimously carried, that the Director of Public Works/City Engineer be authorized and directed to proceed with changing the name of Pioneer Street, east of Waterman Avenue, to Orange Show Road. SALE OF CITY PROPERTY - WEST OF WALKINSHAW STREET, NORTH OF VALLEY STREET - STATE OF CALIFORNIA (27) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated September 23, 1997, concerning the sale of city property located west of Walkinshaw Street, north of Valley Street to the State of California. Council Member Devlin made a motion, seconded by Council Member Anderson, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the sale of city-owned property, located west of Walkinshaw Street and north of Valley Street, to the State of California. BUDGET AMENDMENT - CROSSING GUARD PROGRAM - SCHOOL SITES - SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT (28) Barbara pachon, Director of Finance, submitted a Staff Report dated September 23, 1997, requesting authorization for a budget amendment to reflect costs associated with the crossing guard program. Council Member Negrete made a motion, seconded by Council Member Miller, that the Mayor and Common Council authorize the Director of Finance to amend the fiscal year 1997-1998 budget to reflect the cost of funding the crossing guard program from anticipated Police Department salary savings, and to reflect the 50 percent reimbursement to be received for the program from the San Bernardino City Unified School District as outlined in the attached Staff Report dated September 23, 1997, from Barbara Pachon, Director of Finance. A discussion was held concerning the utilization of funds and the fiscal year 1997/98 budget deliberations. Council Member Oberhelman made a substitute motion, seconded by Council Member Curlin, and unanimously carried, that the matter be continued to the Mayor and Council meeting of October 20, 1997. WAIVE FEES - YOUNG MEN'S CHRISTIAN ASSOCIATION SAN BERNARDINO VALLEY - 20TH ANNUAL CHRISTMAS DECEMBER 6, 1997 - $4,805.88 (YMCA) OF PARADE - (29) Fred Wilson, City Administrator, submitted a Staff Report dated September 26, 1997, concerning a request for a waiver of fees 13 10/6/1997 in the amount of $4,805.88 from the Young Men's Christian Association (YMCA) for the conduct of their 20th annual Christmas Parade to be held on December 6, 1997. Concern was expressed regarding the costs associated with police services. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be continued to the Mayor and Council meeting of October 20, 1997. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 9.90 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 9.90.010 AUTHORIZING PARKING DISTRICT SECURITY OFFICERS EMPLOYED BY FACILITIES MANAGEMENT TO ARREST AND ISSUE NOTICES TO APPEAR FOR VIOLATIONS OF THE SAN BERNARDINO MUNICIPAL CODE AND S':'ATE STATUTES PURSUANT TO CALIFORNIA PENAL CODE SECTION 836.5. First (30) A discussion was held concerning the duties of the security officers employed by Facilities Management. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that said ordinance be laid over for final adoption. ~ RES. 97-304 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN BERNARDINO COUNTY JOBS AND EMPLOYMENT SERVICES DEPARTMENT GAIN DIVISION AND THE CITY OF SAN BERNARDINO. (31) Council requested that the agreement be amended to expand the program to allow participants to be used in other programs within the city. Council Member Oberhelman made a motion, seconded by Council Member Curlin, that the matter be ccntinued to the Mayor and Council meeting of November 3, 1997. Council Member Oberhelman rescinded his motion. Council Member Miller made a motion, seconded by Council Member Oberhelman, that said resolution be adopted, if the Mayor and Common Council desire to use the GAIN Program for school crossing guards. The motion carried and Resolution No. 97-304 was adopted by the following vote: Ayes: Council Members Arias, Oberhelman, Devlin, Anderson, Miller. Nays: Council Members Negrete, Curlin. Absent: None. 14 10/6/1997 RES. 97-305 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO AWARD AN INTRA LATA AND LONG DISTANCE TELEPHONE SERVICE CONTRACT TO AT&T, TO BE UTILIZED BY ALL CITY EMPLOYEES IN ACCORDANCE WITH REQUEST SPECIFICATION F 97-11. (32) Council inquired about Municipal Resource Consultants the city's utility tax). the services being provided by (company used for the collection of A discussion was held concerning the previous action taken to review the records of AT&T and the services provided by Donald Maynor of Municipal Resource Consultants. COUNCIL MEMBER CURLIN EXCUSED At 11:09 a.m., Council Member Curlin left the council meeting. Council Member Devlin made a motion, seconded by Council Member Negrete, that said resolution be adopted. The motion failed by the following vote: Ayes: Council Members Negrete, Arias, Devlin. Nays: Council Members Oberhelman, Anderson, Miller. Absent: Council Member Curlin. COUNCIL MEMBER CURLIN RETURNED At 11:13 a.m., Council Member Curlin returned to the council meeting and took his place at the council table. Council Member Devlin made a motion, seconded by Council Member Arias, that the previous action taken for the adoption of said resolution be reconsidered. The motion carried by the follow.lng vote: Members Negrete, Curlin, Arias, Devlin, Miller. Members Oberhelman, Anderson. Absent: None. Ayes: Nays: Council Council James Sharer, Facilities Manager, explained that AT&T has now agreed to allow the city to have access into their records and answered questions relative to services provided by intra lata and long distance telephone carriers. Council Member Negrete made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 97-305 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Miller. Nays: Council Member Anderson. Absent: None. COUNCIL MEMBER ANDERSON EXCUSED At 11: 30 a. m., Council Member Anderson left the council meeting. 15 10/6/1997 RES. 97-306 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE COOPERATION AGREEMENTS BETWEEN THE CITY OF SAN BERNARDINO; UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND THE ARROWHEAD NEIGHBORHOOD ASSOCIATION, DEL ROSA NEIGHBORHOOD ACTION GROUP, CAJON NEIGHBORHOOD ASSOCIATION, NEIGHBORHOOD IMPROVEMENT ASSOCIATION, AND PERRIS HILL NEIGHBORHOOD ASSOCIATION, RELATING TO GRAFFITI ABATEMENT SERVICES AND TO WATER SERVICES OF VACANT PROPERTIES AS OWNED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (33) Council Member Negrete made a mction, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 97-306 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Miller. Nays: None. Absent: Council Member Anderson. AUTHORIZE PARTICIPATION - APPROVE IN CONCEPT JOINT POWERS AUTHORITY - AIRCRAFT FIRE TRAINING CENTER - SAN BERNARDINO INTERNATIONAL AIRPORT - EXPENDITURE OF $10,000 - FEASIBILITY STUDY & MANAGEMENT P~AN - BUDGET AMENDMENT - FY 1997/98 (34) Mayor Tom Minor submitted a Staff Report dated September 24, 1997, concerning the establishment of an aircraft fire training center at the San Bernardino International Airport. Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that the Mayor and Common Council of the City of San Bernardino approve in concept the participation in a joint powers authority to provide an aircraft fire training center at the San Bernardino International Airport and authorize the expenditure of $10,000 as the City of San Bernardino's portion for the costs of preparation of a feasibility study and a management plan; and that the Mayor and Common Council of the City of San Bernardino authorize the Director of Finance to amend the fiscal year 1997-1998 budget to reflect the cost of funding the formation of the joint powers authority for development and operation of the aircraft rescue and fire fighting training facility from anticipated Fire Department salary savings and authorize the expenditure of $10,000 for funding of the consultant contracts for the feasibility study and management plan. ESTABLISH SALARIES - POLICE DEPARTMENT - RANGES P-1, P-2, P-3 & LAW ENFORCEMENT TRAINEE - FIRE DEPARTMENT - RANGES P-1, P-2, P-3 & P-4 EFFECTIVE AUGUST 1, 1997 $1,500,400 - AUTHORIZE BUDGET AMENDMENT - FY 1997/98 (35) 16 10/6/1997 Barbara Dillon, Director of Report dated September 18, 1997, personnel salaries. Personnel, submitted a concerning fire and Staff police COUNCIL MEMBER ANDERSON RETURNED At 11:32 a.m., Council Member Anderson returned to the council meeting and took her place at the council table. that $1. 5 Harold Duffy, 5028 Wyche Court, San Susan Lien had previously stated that million and questioned the method of Bernardino, the salaries computation. CA, stated would cost A discussion was held concerning the provisions of Charter Section 186 which mandates the automatlc increases to police and fire personnel. Council Member Devlin made a motion, seconded by Council Member Miller, and unanimously carried, to approve the following: that the salaries for Police Department Ranges P-1 (Police Officer), P-2 (Detective/Training Officer), P-3 (Sergeant) and Law Enforcement Trainee; and Fire Department Ranges P-1 (Fire Fighter) , P-2 (Paramedic/Fire Fighter), P-3 (Fire Engineer), P-4 (Fire Investigator) and P-4 (Fire Captain) be established, effective August 1, 1997, as outlined in the attached Staff Report dated September 18, 1997, from Barbara Dillon, Director of Personnel; that the Personnel Department prepare an amendment to Resolution No. 6429 and 6413, Section 13, to reflect this particular action; that the Mayor and Common Council authorize the Director of Finance to make the following amendments to the fiscal year 1997/98 budget in order to fund $1,500,400 in general fund costs of Charter Section 186 salary adjustments; that $800,000 be transferred from general government salaries to safety salaries and appropriate an additional $700,400 from general fund balance for transfer to safety salaries. Total of $1,500,400 to be distributed to safety salaries as follows: $43,000 Fire ~'anagement; $66,500 Police Management; $668,900 Fire Safety; $722,000 Police Safety. RES. 97-307 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE MIDDLE MANAGEMENT BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC EMPLOYEES' ASSOCIATION. (36) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 97-307 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. 17 10/6/1997 ~ RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO LOMA LINDA UNIVERSITY MEDICAL CENTER FOR THE COLLECTION OF FORENSIC EVIDENCE FOR THE CITY OF SAN BERNARDINO POLICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F98-13. (37) Council Member Miller made a motion, seconded by Council Member Negrete, that said resolution be adopted. Police Captain Robert Curtis answe"ed questions regarding the services provided by Lorna Linda University Medical Center and the criteria used for determining the bid specifications. John Murphy, Purchasing Manager, answered questions relative to the bid process. Council Member Oberhelman made a substitute motion, seconded by Council Member Arias, that the matter be rebid. The substitute motion carried by the following vote: Council Members Curlin, Arias, Oberhelman, Anderson. Council Members Negrete, Devlin, Miller. Absent: None. Ayes: Nays: RECESS MEETING At 12:00 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 Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Carlyle and Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic Development Agency Development Director Winkler. Absent: None. COMMUNITY DEVELOPMENT COMMISSION/ SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FIN.~CING 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. ~ 18 10/6/1997 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 (R2) Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that full reading of the resolutions on the regular agenda 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. APPROVE PLAN NO. 9722 - REPLACE SPORT/SECURITY LIGHTING - KERWIN FIELD - AUTHORIZE ADVERTISEMENT FOR BID (R4) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated September 29, 1997, concerning the replacement of sport/security lighting at Kerwin Field. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carrled, that the plans for replacement of sport/security lighting at Kerwin Field, in __ accordance with Plan No. 9722, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. CONSOLIDATED PLAN - SECOND YEAR ACTION PLAN - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS - UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT - PROJECT NO. 96-218 (HIGHLAND SENIOR CENTER) PROJECT NO. 96-228 (EASTER SEAL SOCIETY) (R7) Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated October 1, 1997, concerning the Second Year Action Plan component of the Consolidated Plan with the Department of Housing & Urban Development. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council of the City of San Bernardino accept these projects as part of the Consolidated plan and authorize and direct the execution of Community Development Block Grant (CDBG) funding agreements between the City of San Bernardino and the corresponding agencies. SET PUBLIC HEARING OCTOBER 20, 1997 2:00 P.M. 1996/97 FISCAL YEAR CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOME INVESTMENT PARTNERSHIP ACT (HOME) EMERGENCY SHELTER GRANT PROGRAM (ESG) - EXPENDITURES (RB) 19 10/6/1997 Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated October 1, 1997, concerning the 1996/97 Fiscal Year Consolidated Annual Performance and Evaluation Report. Council Member Miller made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the Mayor and Common Council set October 20, 1997, at 2:00 p.m., as the established date and time for the public hearing to review the 1996/97 Fiscal Year Consolidated Annual Performance and Evaluation Report which states how Community Development Block Grant, HOME Investment Partnership Act and Emergency Shelter Grant Program funds were expended and to obtain the views of citizens relative to the report. 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 ASSOCIATION FOR RETARDED CITIZENS (PROJECT NO. 96-200). (R9A) ~ 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 YMCA OF SAN BERNARDINO VALLEY (PROJECT NO. 96-220). (R9B) Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the matter be continued to the Mayor and Council meeting of October 20, 1997. DEVELOPMENT DIRECTOR WINKLER EXCUSED At 2:59 p.m., Development Director Winkler left the council meeting and was replaced by City Administrator Wilson. SENIOR ASSISTANT CITY ATTORNEY CARLYLE & ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO EXCUSED At 2:59 p.m., Senior Assistant City Attorney Carlyle and Economic Development Agency Special Counsel Sabo left the council meeting and were replaced by City AttOl:ney Penman. RES. 97-308 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THAT CERTAIN AMENDMENT TO SETTLEMENT AGREEMENT AND THAT CERTAIN PURCHASE AND SALE AGREEMENT AND DIRECTING EXECUTION THEREOF. (FELDKAMP PROPERTY) (Sl) Council Member Oberhelman made a motion, seconded by Council Member Anderson, that said resolution be adopted. 20 10/6/1997 .- Resolution No. 97-308 was Ayes: Council Members Negrete, Anderson, Miller. Nays: None. adopted by the following vote: Curlin, Arias, Oberhelman, Devlin, Absent: None. PUBLIC HEARING - ACCEPT BIDS - SALE SOUTHEAST CORNER OF OLIVE AVENUE (Continued from September 15, 1997) OF CITY & OHIO PROPERTY - AVENUE (40) Mayor Minor opened the hearing and inquired if there were any oral bids. No oral bids were received. Council Member Devlin made a mo::ion, seconded by Council Member Anderson, and unanimously carried, that the hearing be closed; and that the bid from Irving M. Feldkamp, III, D.D.S. in the amount of $430,000 for the city property located at the southeast corner of Olive Avenue and Ohio Avenue, per Bid Specification No. 15.05-209a, be accepted and awarded; that the Mayor of the City of San Bernardino be authorized and directed to execute on behalf of said city, all documents, including deed of trust and other documents referenced in Bid Specification No. 15.05-209a, relative to the sale of said property; and that the Director of Public Works/City Engineer be authorized to do all things necessary to bring the sale of said property to a conclusion. ~ CITY ATTORNEY - IMPARTIAL ANALYSIS - MAYORAL CANDIDATES CAMPAIGN STATEMENTS - PERIOD COVERING 1/1/97-9/20/97 - PRIMARY ELECTION (38) James Penman, October 1, 1997, impartial analysis City Attorney, submitted a Staff Report dated requesting time for the deliberation of an of campaign statements for mayoral candidates. City Attorney Penman gave a report of the findings of the campaign statements of mayoral candidates for the period covering January 1 through September 20, 1997. The following individuals expressed that City Attorney Penman's statements were editorialized and unnecessary: Lee McConaly, 247 S. Arrowhead Avenue, San Bernardino, CA. Robert Castaneda, 1425 W. 9th Street, San Bernardino, CA. Bill Rogers, 1482 E. Davidson Street, San Bernardino, CA. Bob Botts, 4096 Woodbend Lane, San Bernardino, CA, stated that Ann Botts did loan her committee $1,000. 21 10/6/1997 Laurie Rogers, 1482 E. Davidson Street, stated that the city needs a Mayor who residents. San Bernardino, will represent CA, the City Clerk Clark explained that campaign statements are public documents and copies of such are available at the City Clerk's Office. She questioned the need for the presentation since it had never been done before. Council November 4, analysis and carried out. expressed concern that all candidates involved in the 1997 election were not included in the impartial questioned why the procedure had not been previously City Attorney Penman, speaking from the podium, 221 E. Marshall Boulevard, San Bernardino, CA, stated that he operated within his purview and felt that the public had a right to know of the contributions being received by the potential leaders of the city. Council Member Curlin, speaking from the podium, voiced concern and questioned City Attorney Penman's motive. Harold Duffy, 5028 Wyche Court, San Bernardino, CA, questioned whether the analysis was impartial. A discussion ensued regarding the appropriateness of using Mayor and Council meetings as a political forum or for individual debate. No further action was taken on this matter. RES. 97-309 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING OFFER TO PURCHASE THAT CERTAIN REAL PROPERTY LOCATEC ON THE SOUTH SIDE OF TENTH STREET, EAST OF FLORES STREET FROM THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AND AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT FOR ACQUISITION OF REAL PROPERTY. (Continued from September 15, 1997) (39) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 97-309 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: None. Absent: None. REPORT - EL NINO - WEATHER CONDITIONS - ACTS OF NATURE - DISASTER PREPAREDNESS - FALL/WINTER 1997-98 - (Continued from September 15, 1997) (41) 22 10/6/1997 Fred Wilson, City Administrator, dated September 30, 1997, concerning conditions for fall/winter 1997-98. submitted a Staff Report the anticipated weather City Administrator established to address fall/winter 1997-98, Wilson elaborated on the plans being the anticipated weather conditions for CITY ATTORNEY PENMAN EXCUSED At 3:55 p.m., City Attorney Penma~ left the council meeting and was replaced by Senior Assistant City Attorney Carlyle. A discussion city, state and associated with a ensued regarding the policy established federal governments to address the major disaster. by the issues Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the report be received and filed. SENIOR ASSISTANT CITY ATTORNEY CARLYLE EXCUSED At 4:02 p.m., Senior Assistant City Attorney Carlyle left the council meeting and was replaced by City Attorney Penman. COUNCIL MEMBER ARIAS EXCUSED At 4:02 p.m., Council Member Arias left the council meeting. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 97-221 WHICH PREVIOUSLY AMENDED RESOLUTION NO. 94-46 TO LIMIT THE SPEAKING TIME OF COUNCIL MEMBERS AND DESIGNATED OTHERS TO THREE MINUTES UNTIL THE MAYOR AND ALL OTHER COUNCIL MEMBERS AND DESIGNATED OTHERS HAVE HAD AN OPPORTUNITY TO SPEAK. (Continued from September 15, 1997) (42) NOTE: The resolution was not distributed and will not be available in the backup material. Council Member Miller made a motion, seconded Member Devlin, and unanimously carried, that the continued to the Mayor and Council meeting of October by Council matter be 20, 1997. STATUS REPORT - WASTE DISPOSAL AGREEMENT - NEGOTIATIONS - RESPONSE TO NORCAL PROPOSAL - (Continued from September 2, 1997) (43) James R. Howell, Director of Public Services, submitted a memorandum dated September 30, 1997, concerning the status on the negotiations for the establishment of a waste disposal agreement. 23 10/6/1997 James Howell, Director of Public Services, provided a synopsis of the action taken to negotiate a waste disposal agreement with the County of San Bernardino. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the status report be received and filed; and that the matter be continued to the Mayor and Council meeting of November 3, 1997. COUNCIL MEMBER MILLER EXCUSED At 4: 04 p. m., Council Member Millel" left the council meeting. PERSONNEL ACTIONS page 6) (Discussed earlier in the meeting - (8) H. Doug Chandler, Chief Examiner, Civil Service, submitted a memorandum dated October 6, 1997, relative to the recruitment process for the position of Code Compliance Officer II. Council Member Devlin made a motion, seconded by Council Member Curlin, that the personnel actions submitted by the Chief Examiner dated September 25, 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. The motion carried by the followlng vote: Members Negrete, Curlin, Oberhelman, Devlin. Nays: Anderson. Absent: Council Members Arias, Miller. Ayes: Council Council Member COUNCIL MEMBERS ARIAS & MILLER RETURNED At 4:05 p.m, Council Members Arias and Miller returned to the council meeting and took their places at the council table. RES. 97-310 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PROVIDE OLDER ADULT CONTINUING EDUCATION CLASSES AT SENIOR CENTERS AND COMMUNITY CENTER FACILITIES OPERATED BY THE DEPARTMENT. (Discussed earlier in the meeting - page 7) (11) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 97-310 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson. Nays: None. Abstain: Council Member Miller. Absent: None. .~ 24 10/6/1997 COUNCIL MEMBER ANDERSON At 4:06 p.m., Council meeting. EXCUSED Member Anderson left the council DISCUSS & TAKE ACTION - DEPARTMENT CONSOLIDATION - CODE COMPLIANCE DIVISION & FIRE DEPARTMENT (82) Council Member Oberhelman submitted a Staff Report dated October 1, 1997, concerning the possible consolidation of the Code Compliance Division into the Fire Department. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be tabled. COUNCIL MEMBER ANDERSON RETURNED At 4:08 p.m., Council Member Anderson returned to the council meeting and took her place at the council table. WAIVE FEES $7,006 OCTOBER 12, 1997 CORETTA SCOTT KING'S VISIT (83) Mayor Minor submitted a Staff Report dated October 1, 1997 regarding Coretta Scott King's visit to San Bernardino scheduled for October 12, 1997. Police Chief Lee Dean submitted a memorandum dated October 1, 1997, concerning the protection detail for Mrs. King's visit. A discussion was held concerni:lg the responsibility of providing appropriate security measures and the need to establish a policy to address the security of dignitaries. Council Member Miller made a moticn that the city absorb the costs of providing security for Mrs. King. The motion failed for lack of a second. Joann Roberts, co-owner of Phenix, explained that the cover charge for children is $5. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the request for waiver of fees in the amount of $7,006 for Coretta Scott King's visit to San Bernardino on October 12, 1997, be approved. 25 10/6/1997 ADJOURNMENT At 4: 22 p. m. , regular meeting of Commission will be Chambers of City California. No. of Items: 52 No. of Hours: 6.5 ~ (44) the joint regular meeting adjourned. The next the Mayor and Council and Community Development held on Monday, October 20, 1997, in the Council Hall, 300 North "D" Street, San Bernardino, RACHEL G. CLARK City Clerk By S zanna Cor eputy City 26 10/6/1997