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HomeMy WebLinkAbout11-06-1995 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING NOVEMBER 6, 1995 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 8:04 a.m., Monday, November 6, 1995, 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, Hernandez, Oberhelman, Devlin; Senior Assistant City Attorney Morillo, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Curlin, Pope-Ludlam, Miller. RECESS MEETING - CLOSED SESSION - REFERENCED LATER MEETING - SEE PAGE 14 At 8:04 a.m., the Mayor session for the following: IN THE (1) and Common Council recessed to closed Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Samaan vs. City of San Bernardino, et al - United States District Court Case No. CV 93-0448 RAP (RMCx); Sharon McGill. etc. vs. City of San Bernardino, et al - Court of Appeals of California, Fourth Appellate District Court Case No. EOl1830/San Bernardino Superior Court Case No. SCV 229990; Keith Cooper vs. City of San Bernardino Workers Compensation Appeals Board Case No. (unassigned); County of San Bernardino, et al vs. City of San Bernardino. et al Court of Appeals of California, Fourth Appellate District Court Case No. E012673/Superior Court Case No. 224288. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: one casei 1 11/6/95 C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(c): D. Conference with labor negotiator - pursuant to Government Code Section 54957.6: 1. Aqency Neqotiator: Barbara Dillon, Personnel Director Emoloyee Orqanizations: San Bernardino Public Employees Association (SBPEA) - General Unit and Middle-Management 2. Aqency Neqotiator: Shauna Clark, City Administrator Emoloyee Orqanizations: San Bernardino Confidential Management Association (SBCMA) - Management and Confidential Employees. CLOSED SESSION At 8:04 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Devlin; Senior Assistant City Attorney Morillo, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Curlin, Pope-Ludlam, Miller. Also present: Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel 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 while the Council was in closed session. COUNCIL MEMBER CURLIN ARRIVED At 8: 05 a. m., Council Member Curlin arrived at the closed session. 2 11./6/95 ASSISTANT CITY ADMINISTRATOR WILSON & ATTORNEY LOUIS SEAMAN ARRIVED At 8:07 a.m., Assistant City Administrator Wilson and Attorney Louis Seaman of Mark, Bolson, Kuntz & Serembe, 600 N. Arrowhead Avenue, San Bernardino, CA, arrived at the closed session. SENIOR ASSISTANT CITY ATTORNEY MORILLO & ATTORNEY LOUIS SEAMAN EXCUSED At 8:10 a.m., Senior Assistant City Attorney Morillo and Attorney Louis Seaman of Mark, Bolson, Kuntz & Serembe, 600 N. Arrowhead Avenue, San Bernardino, CA, left the closed session. SENIOR DEPUTY CITY ATTORNEY SIMMONS ARRIVED At 8:10 a.m., Senior Deputy City Attorney Simmons arrived at the closed session. ASSISTANT CITY ADMINISTRATOR WILSON EXCUSED At 8:11 a.m., Assistant City Administrator Wilson left the closed session. ASSISTANT CITY ADMINISTRATOR WILSON RETURNED & PERSONNEL DIRECTOR DILLON ARRIVED At 8:20 a.m., Assistant City Administrator Wilson returned to the closed session and Personnel Director Dillon arrived at the closed session. ADJOURN CLOSED SESSION At 8:37 a.m., the closed session Council Chambers of City Hall, Bernardino, California. adjourned to 9:00 a.m. in the 300 North "D" Street, San RECONVENE MEETING At 9:04 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino 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, Hernandez, Oberhelman, Devlin, Pope-Ludlam; Senior Assistant City Attorney Barlow, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Miller. INVOCATION The invocation was given by Pastor Paul Reinhard of Calvary Baptist Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Devlin. 3 11/6/95 APPOINTMENT - LENORE H. SCHON - COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMISSION - COUNCIL MEMBER OBERHELMAN (2) Mayor Minor submitted a Staff Report dated October 26, 1995, recommending the appointment of Lenore H. Schon, 147 Palmyra Drive, San Bernardino, CA, to the Community Development Citizens Advisory Commission, as requested by Council Member Oberhelman. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the appointment of Lenore H. Schon to the Community Development Citizens Advisory Commission, be approved. Lenore H. Schon accepted her certificate of appointment to the Community Development Citizens Advisory Commission. APPOINTMENT - LUIS LOPEZ - BOARD OF POLICE COMMISSIONERS - COUNCIL MEMBER CURLIN (S4) Mayor Minor submitted a Staff Report dated recommending the appointment of Luis Lopez, 323 San Bernardino, CA, to the Board of Police requested by Council Member Curlin. October 31, 1995, West 1Bth Street, Commissioners, as Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the appointment of Luis Lopez to the Board of Police Commissioners, be approved. Luis Lopez accepted his certificate of appointment to the Board of Police Commissioners. EMPLOYEE RECOGNITION AWARDS (2A) Les Fogassy, Senior Real Property Specialist, Public Works Department, submitted a memorandum dated October 13, 1995, concerning the Employee Recognition Award Selection Committee winners for the employee recognition awards for the second quarter of 1995. The following individuals were chosen in each of their respective categories. All winners are entitled to a day off with pay. Management/Confidential Mid-Management Safety General Janet Mauren Lynn Merrill David Kreske Barbara Cabrera Facilities Management Public Services Fire Library Janet Mauren, Lynn Merrill, and Barbara Cabrera accepted their awards. 4 11/6/95 ANNOUNCEMENT - COUNCIL MEMBER NEGRETE (3) Council Member Negrete thanked all individuals involved in the effort to promote San Bernardino and invited everyone to attend the noon rally scheduled for today on the steps of City Hall celebrating "It's a Great Day in San Bernardino." ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3A) Council Member Curlin commented on the tragic assassination of Prime Minister Rabin of Israel and urged people not to succumb to the messages of hate groups. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (3B) Council Member Hernandez voiced agreement with the Council Members Negrete and Curlin, and urged people to November 7 election. comments of vote in the ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (3C) Council Member Oberhelman thanked Phil Arvizo , Executive Assistant to the Council; Donna Ward, Senior Secretary, Planning and Building Services; and the Council Office staff for starting a "great" weekend in San Bernardino with the Women of Achievement Golf Tournament and thanked all who joi~ed together to present the "It's a Great Day in San Bernardino" rally. ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (3D) Council Member Devlin stated, "It really is a great day in San Bernardino." ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM (3E) Council teachers and affairs. Member Pope-Ludlam students involved expressed appreciation for the in the study of governmental ANNOUNCEMENT - CITY CLERK RACHEL CLARK (3F) City Clerk Rachel Clark reminded people to vote on Tuesday, November 7, stating that the polls would be open from 7:00 a.m. to 8:00 p.m., and if anyone needed help in locating their polling location they could call the Office of the City Clerk at 384-5002 or the Registrar of Voters Office at 387-8300. She publicly thanked Ken Joswiak at the Center for Individuals with Disabilities and all the volunteers who put on the Harvest Faire this past weekend. 5 11/6/95 ANNOUNCEMENT - MAYOR MINOR (3G) Mayor Minor requested a moment of silence in memory of Mario Porras, a long-time city leader, who passed away over the weekend; and announced that Council Member Miller, who is travelling in China, had asked him to convey to her constituents her regret at not being able to attend the rally and the fact that she was travelling at her own expense. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 9:21 a.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by City Attorney Penman. PUBLIC COMMENTS - LOUIS YEAGER (4) Louis Yeager, a school board member for the San Bernardino City Unified School District, stated that students from the following senior high schools were with him to observe first-hand the workings of government: Cajon, Pacific, San Andreas, San Bernardino, San Gorgonio, and Sierra. PUBLIC COMMENTS - RUBEN LOPEZ (4A) Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, reminded people to vote on November 7 and urged them to vote for Jim Penman for City Attorney. PUBLIC COMMENTS - LARRY SINGLETON (4B) Larry Singleton, a resident of San Bernardino, made various comments regarding the city. PUBLIC COMMENTS - TERRY MOLL (4C) Terry Moll, 6705 N. Steven Way, San Bernardino, CA, urged people to get out and vote. PUBLIC COMMENTS - BRIAN PLANT (4D) Brian Plant, 498 W. Court Street, San Bernardino, CA, spoke on the mindsets, abuses, and violence, as he perceives them, within the city. PUBLIC COMMENTS - ROBERT REGO (4E) Robert Rego, 853-A Lynwood, San Bernardino, CA, spoke on the privilege of voting and urged people to make their voices heard at the ballot box on November 7. 6 11/6/95 PUBLIC COMMENTS - HANK PLOTKIN (4F) Hank Plotkin, representing the San Commerce, stated, "It truly is a Great Day outlined three objectives of the Chamber, make San Bernardino more business friendly; and 3) Change the image of San Bernardino. Bernardino Chamber of in San Bernardino", and as follows: 1) Try to 2) Help clean up crime; PUBLIC COMMENTS - RITA ARIAS (4G) Rita Arias, 2519 York Court, Sat; Bernardino, CA, reminded voters to exercise their right to vote and thanked the voters in the Third Ward for their support. PUBLIC COMMENTS - JOHN KIRLEY (4H) John Kirley, 1170 N. Arrowhead, San Bernardino, CA, urged the voters to vote against the incumbents running for City offices and stated he was a certified candidate for City Treasurer. PUBLIC COMMENTS - THIRD WARD RESIDENT (41) An unidentified resident of the Third Ward spoke in support of Council Member Hernandez. PUBLIC COMMENTS - JEFF WRIGHT (4J) Jeff Wright, P.O. Box 2341, San Bernardino, CA, urged registered voters to sign petitions currently being circulated relative to safeguarding the public during the transport and deposit of nuclear waste, and spoke regarding the effect Proposition 62 might have on charter cities. PUBLIC COMMENTS - BILL ROGERS (4K) Bill Rogers, a Third Ward resident, spoke in support of Council Member Hernandez. PUBLIC COMMENTS - MELISSA MASON (4L) Melissa Mason, a student at Sierra High School, spoke on the importance of public comments and the attention they warrant from the Council members. PUBLIC COMMENTS - JOSIE HOLMAN (4M) Josie Holman, a student at San she hoped the "It's a Great Day in inspire pride in the community. Gorgonio High School, stated San Bernardino" rally would 7 11/6/95 PUBLIC COMMENTS - ALFRED EDWARDS (4N) Alfred Edwards, a student at San Bernardino High School, stated that for the people, the problems remain the same; that it can only be a "Great Day in San Bernardino" when things change for the general public. PUBLIC COMMENTS - BOBBY OQUENDO (40) Bobby Oquendo, 3094 N. Central, San Bernardino, CA, challenged everyone to start today on a positive note and come to the rally and make this a "Great Day in San Bernardino." PUBLIC COMMENTS - SAM HERNANDEZ (4P) Sam Hernandez, a student at Cajon High School, stated that the youth in the community who are trying to make a difference, need the support of the Council. PUBLIC COMMENTS - ALEXIS BEE (4Q) Alexis Bee, a student at Pacific High School, stated that change must begin with the youth, as what they do now will have an impact on the future. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Jeff Wright, P.O. opposition to waiving ordinances. Box 2341, San full reading Bernardino, CA, expressed of the resolutions and Council Member Devlin 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 MEMBER HERNANDEZ EXCUSED At 10:03 a.m., Council Member Hernandez left the Council meeting. COUNCIL MINUTES (6) Council Member Oberhelman made a motion, seconded by Council Member Devlin, 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: September 18, 1995; September 20, 1995; September 25, 1.995. ITEM DELETED (7) 8 11/6/95 RES. 95-373 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST OF ABATEMENTS AND IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF PUBLIC NUISANCES. (BUILDING ABATEMENTS) (8) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 95-373 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope- Ludlam. Nays: None. Absent: Council Members Hernandez, Miller. CLAIMS AND PAYROLL (9) Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated October 26, 1995, from the Director of Finance, be approved. PERSONNEL ACTIONS (10) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated October 19, 1995, 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. 95-374 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN ACQUISITION/FINANCING AGREEMENT WITH PINE AND CONN I FER , L.P., A CALIFORNIA LIMITED PARTNERSHIP, RELATIVE TO THE FORMATION OF AN ACQUISITION ASSESSMENT DISTRICT FOR THE CONSTRUCTION OF NEW PINE AVENUE, BETWEEN KENDALL DRIVE AND IRVINGTON AVENUE. (ASSESSMENT DISTRICT NO. 1015) (11) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 95-374 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope- Ludlam. Nays: None. Absent: Council Members Hernandez, Miller. COUNCIL MEMBER HERNANDEZ RETURNED At 10:10 a.m., Council Member Hernandez returned to the Council meeting and took his place at the council table. 9 11/6/95 RES. 95-375 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF IMPROVEMENTS IN THE COULSTON STREET AREA, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1016, ORDERING THE WORK, SETTING THE DATES OF A PUBLIC MEETING AND A PUBLIC HEARING RELATIVE TO THE CONFIRMATION OF THE ASSESSMENT ROLLS. (12) Council Member Oberhelman made a motion, seconded by Council Member Curlin, that said resolution be adopted. Resolution No. 95-375 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, pope-Ludlam. Nays: None. Absent: Council Member Miller. RES. 95-376 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE AMENDED 1993/94 CAPITAL IMPROVEMENT PROGRAM FOR MEASURE "1" LOCAL EXPENDITURES. (13) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 95-376 was adopted by the following vote: Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman, Devlin, pope-Ludlam. Nays: None. Absent: Council Member Miller. RES. 95-377 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO IPS SERVICES, INC. FOR CONSTRUCTION OF A CIRCULAR DRIVEWAY FOR TRW BUILDING (#520) . (14) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-377 was adopted by the following vote: Ayes: Council Members Negrete, Curl in, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. RES. 95-378 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LEADERSHIP SAN BERNARDINO RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1995/96. (15A) RES. 95-379 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO BLACK CULTURE FOUNDATION RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FISCAL YEAR 1995/96. (15B) 10 11/6/95 RES. 95-380 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH COPS FOR KIDS AT CHRISTMAS TO FUND THEIR 1995 CHRISTMAS PARTY FOR FOSTER CHILDREN FROM FY 1995/96 CIVIC AND PROMOTION FUNDS. (15C) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 95-378, 95-379, and 95-380 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. REQUEST FUNDING - RITES OF SPRING CONCERTS - BEGINNING MAY 1996 - INDIAN SUMMER CONCERTS - BEGINNING AUGUST 1996 - CIVIC & PROMOTION FUND - $11,000 (15D) Annie Ramos, Director of Parks, Recreation & Community Services, submitted a Staff Report dated October 24, 1995, requesting funds from the Civic and Promotion Fund in the amount of $11,000 for the Rites of Spring and Indian Summer Concerts. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that the request for funds in the amount of $11,000 for the Rites of Spring and the Indian Summer Concerts, be approved from the Fiscal Year 1995/96 Civic and Promotion Fund. RES. 95-381 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SCHEDULE OF CHARGES FOR THE SALE OF MATERIALS AND SERVICES BY THE CEMETERY OF SAID CITY, AND REPEALING RESOLUTION NO. 94-91 AND ALL SUBSEQUENT AMENDMENTS THERETO. (16) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-381 was Ayes: Council Members Negrete, Devlin, Pope-Ludlam. Nays: None. adopted by the following vote: Curlin, Hernandez, Oberhelman, Absent: Council Member Miller. REORGANIZATION DEPARTMENT RECORDS TRANSCR IPTION UNIT POLICE (1.7) Barbara Dillon, Personnel Director, submitted a Staff Report dated October 26, 1995, regarding the proposed reorganization of the Police Department's Records Transcription Unit and coinciding recommended personnel changes. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the part-time position of Police Transcriber, at $10.00/hour, be established; and that one (1) position of Administrative Analyst, Range 4380, 11 11/6/95 $2,954-$3,591/month, be established; and that one (1) vacant Police Records Clerk II position, Range 1287, $1,858-$2, 258/month, be deleted; and that one (1) vacant Police Records Clerk I position, Range 1267, $1,681-$2,044/month, be deleted; and that one (1) Account Clerk II position, Range 1267, $1,681-$2,044/month, be upgraded to an Account Clerk III position, Range 1296, $1,943- $2, 362/month; and that the Personnel Department be directed to update Resolution No. 6413, Section 13, to reflect this particular action. PUBLIC HEARING - IMPOSE LIENS ON PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES (18) This is the time and place set consider imposing liens on real property San Bernardino for uncollected business for a public hearing to located within the city of registration fees. City Clerk Rachel Clark submitted an updated Staff Report requesting authorization to impose liens on parcels of property for uncollected business registration fees. City Clerk Rachel Clark submitted a memorandum dated November 1, 1995, requesting that certain properties be deleted from Exhibit "A" of the resolution. Mayor Minor opened the hearing. City Clerk Rachel Clark stated that Exhibit "A" of the resolution should be amended to delete the following addresses: 3037 N. Valencia Avenue, 2686 N. Belle Street, 3685 N. "E" Street, and 2303 S. Artesia Street. RES. 95-382 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES. (18) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that the hearing be closed; and that said resolution be adopted, as amended by deleting the following properties from Exhibit "A": 3037 N. Valencia Avenue, 2686 N. Belle Street, 3685 N. "E" Street, and 2303 S. Artesia Street. The motion carried, and Resolution No. 95-382 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin. Nays: Council Member Pope-Ludlam. Absent: Council Member Miller. PUBLIC HEARING - ESTABLISH FEES & CHARGES - COLLECTION, PROCESSING & DISPOSAL OF WASTE TIRES (19) 12 11/6/95 This is the time establish fees for the waste tires. and place set for a public hearing collection, processing, and disposal to of James Howell, Acting Director, Public Services Department, submitted a Staff Report dated September 28, 1995, concerning the number of waste tires generated throughout the city and the establishment of monthly fees for the City's new commercial-used and waste-tire collection service. Mayor Minor opened the hearing. RES. 95-383 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FIXING AND DETERMINING THE FEES AND CHARGES TO BE CHARGED FOR THE COLLECTION, PROCESSING AND DISPOSAL OF WASTE TIRES. (1.9) Council Member Curlin Member Negrete, that the resolution be adopted. made a hearing motion, seconded be closed; and by Council that said The motion carried, and Resolution No. 95-383 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. APPROVE IN CONCEPT - REQUEST TO AFFIX STREET BANNERS TO STREET LIGHT STANDARDS BASE LINE STREET, FROM "H" STREET TO WATERMAN AVENUE - "E" STREET, FROM 9TH STREET TO 13TH STREET - BASE LINE AREA BUSINESS ASSOCIATION (20) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated October 18, 1995, regarding the request from the Base Line Area Business Association to affix street banners to the street light standards as part of the improvements in the Base Line business area. Council Member Hernandez made a motion, seconded by Council Member Curlin, and unanimously carried, that the matter be continued. (Note: There was no date specified.) APPROVE PLAN NO. 9390 - REPAIR DAMAGE - CENTRAL AVENUE BRIDGE OVER EAST TWIN CREEK CHANNEL AUTHORIZE ADVERTISEMENT FOR BIDS - TRANSFER FUNDS - $64,000 (21) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated October 18, 1995, regarding approval of plans, transfer of funds, and authorization to advertise for bids for repair of the Central Avenue bridge. 13 11/6/95 Council Member Hernandez made a motion, seconded by Council Member Curlin, and unanimously carried, that the transfer of $64,000, from Account No. 126-000-3405, "Undesignated Balance," to Account No. 242-362-5504-7031, "Bridge Repair - Central Avenue," be approved; and that the plans for repair of the Central Avenue Bridge, over East Twin Creek Channel, in accordance with Plan No. 9390, be approved; and that the Director of Public Works/City Engineer be authorized to advertise f02- bids. APPROVE PLAN NO. 9383 - VACATE 8-FOOT BY 108-FOOT PUBLIC WALKWAY - BETWEEN SIERRA WAY AND GENEVIEVE LANE, NORTH OF 44TH STREET - TRACT NO. 3410 - AUTHORITY TO PROCEED (22) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated October 11, 1995, regarding a request and petition from homeowners in Tract No. 3410 to vacate an 8-foot by 108-foot pedestrian walkway running westerly from Sierra Way to Genevieve Lane, north of 44th Street. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the vacation of an 8-foot by 108-foot public walkway lying between Sierra Way and Genevieve Lane, north of 44th Street, as a City-initiated action; and that Plan No. 9383 showing the vacation of a public walkway, lying between Sierra Way and Genevieve Lane, north of 44th Street, be approved. APPROVE PLAN NO. 9359 OVERLAY PAVEMENT COMPLEX - AUTHORIZE ADVERTISEMENT FOR BIDS TRI-CITY (23) Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated October 16, 1995, regarding approval of plans and advertisement for bids for placement of overlay pavement within the Tri-City Complex. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the plans for overlaying pavement within the Tri-City Complex, in accordance with Plan No. 9359, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 95-384 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CO-OPERATIVE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE REHABILITATION OF PAVEMENT ON Lym,OOD DRIVE. (24) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. 14 11/6/95 Resolution No. 95-384 was Ayes: Council Members Negrete, Devlin, Pope-Ludlam. Nays: None. adopted by the following vote: Curlin, Hernandez, Oberhelman, Absent: Council Member Miller. RES. 95-385 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADDING SECTION 3.5 TO RESOLUTION NO. 91-314 RELATING TO WAIVING OF DISABILITY HEARINGS BEFORE THE CITY ADMINISTRATOR. (25) Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 95-385 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. ORD. MC-951 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.93 TO THE SAN BERNARDINO MUNICIPAL CODE PROHIBITING BICYCLES IN CERTAIN PUBLIC BUILDINGS. Final (26) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said ordinance be adopted. Ordinance No. MC-951 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. CLOSED SESSION - REFERENCED EARLIER IN THE MEETING - SEE PAGE 1 (lD) Mayor Minor stated that action relative to the Christmas closure had been taken in closed session and asked City Clerk Rachel Clark to read the following: "Whereas, the Mayor and Common Council desire to open City Hall to the public as soon as possible following the New Year's holiday, it is recommended that the following motion be approved, so that City Hall will open on January 2, 1996, instead of January 3, 1996." Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the Mayor and Common Council approve trading the City-designated New Year's Day holiday of January 2, 1996, for Thursday, December 28, 1995, for affected employees working in City Hall and other participating departments; and that affected employees be required to take off Wednesday, December 27, 1995, using their own accrued leave. Dennis Barlow, Senior Assistant City Attorney, stated that the City Attorney's Office will remain open because the Federal Courts are open. 15 11/6/95 RECESS MEETING At 10:30 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:37 a.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino 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, Hernandez, Pope-Ludlam; Senior Assistant City Attorney Barlow, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Oberhelman, Devlin, Miller. AUTHORIZE & DIRECT CITY ADMINISTRATOR & FIRE CHIEF TO FINALIZE & IMPLEMENT EMERGENCY MEDICAL TRANSPORT SERVICES PLAN - FIRE DEPARTMENT - DISCUSSED LATER IN THE MEETING - SEE PAGE 1B (27) Council Member Oberhelman submitted a Staff Report dated October 24, 1995, recommending that the Council direct the City Administrator and Fire Chief to finalize and implement a plan for the City of San Bernardino Fire Department to provide emergency medical transportation services to the citizens of San Bernardino. The Council Office submitted a memorandum dated November 1, 1995, signed by Council Member Oberhelman, delineating past actions taken by the Council since 1993 relative to the City providing emergency medical transport services and the estimated costs and revenues if such a plan is implemented. Council Member Member Pope-Ludlam, tabled. Hernandez made a motion, and unanimously carried, seconded by Council that the matter be COUNCIL MEMBERS OBERHELMAN & DEVLIN RETURN At 10:39 a.m., Council Members Oberhelman and Devlin returned to the Council meeting and took their places at the council table. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.90.010 BY ADDING SUBSECTION 10 REGARDING A SECURITY GUARD PERSONNEL PROGRAM ON THE FORMER NORTON AIR FORCE BASE PROPERTY. First (28) Council Member Hernandez made Member Pope-Ludlam, and unanimously laid over for final adoption. a motion, seconded by Council carried, that said ordinance be 16 11/6/95 ORD. MC-952 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.90.010 BY ADDING SUBSECTION 10 REGARDING A SECURITY GUARD PERSONNEL PROGRAM ON THE FORMER NORTON AIR FORCE BASE PROPERTY AND DECLARING THE URGENCY THEREOF. Urqencv (29) Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said ordinance be adopted. Ordinance No. MC- 952 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. ORD. MC-953 - AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.25 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SCAVENGING OF RECYCLABLE MATERIALS. Final (30) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said ordinance be adopted. Ordinance No. MC-953 was adopted bj' the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin. Nays: Council Member Pope-Ludlam. Absent: Council Member Miller. RES. 95-386 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A WORKERS' COMPENSATION MANAGED CARE SERVICES AGREEMENT BETWEEN BEECH STREET OF CALIFORNIA, INC., AND THE CITY OF SAN BERNARDINO. (31) Council Member Hernandez made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 95-386 was Ayes: Council Members Negrete, Devlin, Pope-Ludlam. Nays: None. adopted by the following vote: Curlin, Hernandez, Oberhelman, Absent: Council Member Miller. RES. 95-387 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH AMERICAN CEMETERY/MORTUARY CONSULTANTS, INC., TO REPRESENT THE CITY IN NEGOTIATIONS FOR THE SALE OF PIONEER CEMETERY, A CITY-OWNED PROPERTY. (Continued from October 16, 1995) (32) Shauna Clark, City Administrator, explained that in the past the General Fund has subsidized the cemetery and that two and one- half years ago the Council directed staff to prepare the cemetery for sale. This is the last step in that process. She pointed out that the current trend is to operate a ~ortuary in conjunction with the cemetery, whereby all arrangements can be made at one location. Not only does the City lack this configuration, but public cemeteries are no longer allowed to sell markers. These facts 17 11/6/95 greatly reduce the City's ability to be competitive in the cemetery business. Diane Roth, Deputy City Attorney, submitted a memorandum dated October 11, 1995, which stated that there are significant legal issues regarding the sale of the cemetery which the City Attorney's Office needs to research prior to a decision being made on this matter. Discussion ensued relative to obtaining an appraisal, whether there was a prospect i ve buyer, whether the cemetery would be preserved as a cemetery if sold, and whether the Council would be "locked in" if they approved this resolution. The following individuals spoke in opposition to selling the cemetery. Jeff Wright, P.O. Box 2341, San Bernardino, CA. John Kirley, 1170 N. Arrowhead Avenue, San Bernardino, CA. Council Member Negrete made a motion, seconded by Council Member Oberhelman, that said resolution be adopted; and that staff be directed to proceed with the sale of the pioneer Memorial Cemetery. The motion carried, and Resolution No. 95-387 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin. Nays: Council Members Hernandez, Pope-Ludlam. Absent: Council Member Miller. AUTHORIZE & DIRECT CITY ADMINISTRATOR & FIRE CHIEF TO FINALIZE & IMPLEMENT EMERGENCY-MEDICAL TRANSPORT SERVICES PLAN - FIRE DEPARTMENT - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 16 (27) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the Council reconsider the previous action taken to table implementation of a City-owned, emergency-medical transportation service because the basis for suspending the plan for implementation was due to the pending Court of Appeals case, which has now been resolved in favor of the City. The motion failed by the following vote: Ayes: Members Oberhelman, Devlin. Nays: Council Members Hernandez, Pope-Ludlam. Abstain: Council Member Curlin. Council Member Miller. Council Negrete, Absent: CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 11:10 a.m., City Administrator Shauna Clark left the Council meeting and was replaced by Economic Development Agency Administrator Timothy Steinhaus. 18 11/6/95 ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO ARRIVED At 11:10 a.m., Economic Development Agency Special Counsel Timothy Sabo arrived at the Council meeting. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 11:10 a.m., Chairman Minor called the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. NOTE: The items reflected within the Community Development Commission portion of the minutes are those items which require action by the Mayor and Common Council. Therefore, action taken relative to Items R1, R2, R4, R6, R7, RB, R9, RIO, R11, R12, RS1, and RS2 will not be annotated. Minutes of the action taken on Community Development Commission items are prepared and distributed separately by the Economic Development Agency. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (R3) The following individuals spoke in opposition to waiving full reading of the resolutions and ordinances. Jeff Wright, P.O. Box 2341, San Bernardino, CA. John Kirley, 1170 N. Arrowhead Avenue, San Bernardino, CA. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council, be waived. SET PUBLIC HEARING DECEMBER 4, 1995 ACTION PLAN - 1995-1999 CONSOLIDATED PLAN SECOND YEAR (R5) Ronald Winkler, Development Director, Economic Development Agency, submitted a Staff Report dated October 31, 1995, relative to setting a public hearing for the Second Year Action Plan Component of the 1995-1999 Consolidated Plan to hear community needs for the 1996-97 Federal Funding Program Year. Economic Development Agency Administrator Timothy Steinhaus explained that full-page advertisements are published in the newspaper on how to apply for these funds, followed by approximately six months of public participation; and that the public hearing is only the beginning of the process. 19 11/6/95 Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the Mayor and Common Council set December 4, 1995, at 11:00 a.m., as the date and time for the Second Year Action Plan component of the 1995-1999 Consolidated Plan public hearing to address community needs for the 1996-1997 program year for federal funding. COMMUNITY DEVELOPMENT COMMISSION - JOINT REGULAR MEETING At this time, the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items. Minutes of action taken by the Community Development Commission are prepared and distributed separately by the Economic Development Agency. RECESS MEETING At 11:54 a.m., Mayor Minor recessed the regular meeting of the Mayor and Common Council to 2:00 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:06 p.m., Mayor Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino 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, Hernandez, Oberhelman, Devlin, Pope-Ludlam; Deputy City Attorney Empeno, City Clerk Rachel Clark, Director of Planning and Building Services Boughey. Absent: Council Member Miller. DEVELOPMENT CODE AMENDMENT NO. 94-07 - FENCE STANDARDS - DISCUSS & DIRECT STAFF - ORDINANCE PREPARATION (34) Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated October 19, 1995, regarding a City- initiated proposal to amend the text of Development Code Chapter 19.20, Section 19.20.030(B) "Fences, Walls and Hedges" to add several provisions to the fencing standards. Director Boughey stated that staff would like Council's direction on three basic items: 1) Whether to allow low-voltage fencing for animals; 2) whether to allow six-foot-high open fencing (not chain link) for single-family, estate-type lots; and 3) whether to allow six-foot-high (maximum) open fencing (not chain link) at the property line for multi-family developments of five or more units with 100 feet of lineal street frontage. Discussion ensued regarding low-voltage fencing, the ramifications of making blanket rulings, and whether barbed wire and/or concertina wire should be allowed for use in the city. 20 11/6/95 The following individuals opposed the proposed changes to the fencing standards: Keith Reno, 1400 Edgehill, #38, San Bernardino, CA. Joe Martin, 1446 Citrus, San Bernardino, CA. Edward Harding, 2995 N. Mountain Avenue, San Bernardino, CA. No further action was taken on this matter. DETERMINE PUBLIC CONVENIENCE OR NECESSITY - TYPE 21. OFF- SALE LIQUOR LICENSE - EXISTING THRIFTY PAYLESS 949 KENDALL DRIVE - REQUIRED BY STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (35) Al Boughey, Director of Planning and Building Services, submitted a Staff Report dated November 6, 1995, regarding a determination that public convenience or necessity is served by issuance of a Type 21 Alcohol License for the Thrifty payless located at 949 Kendall Drive in San Bernardino. Director Boughey stated that due to the concentration of alcohol establishments in certain areas, the Department of Alcoholic Beverage Control (ABC) requires that each city make the determination that the license serves the public convenience or necessity; that in 1995 the Mayor and Council elected to remain the body that reviews and rules on requests for letters of public convenience or necessity; and answered questions regarding the City's requirements for selling alcoholic beverages. Council Member Hernandez made a motion, seconded by Council Member Devlin, that the Mayor and Common Council determine that public convenience or necessity is served by issuance of a Type 21 Alcohol License for the Thrifty payless at 949 Kendall Drive; and that a letter indicating the determination be sent from the Department of Planning and Building Services to the Department of Alcoholic Beverage Control. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Devlin. Nays: Council Member Oberhelman. Absent: Council Member Miller. (Note: Although Council Member Pope-Ludlam was present, she did not register a vote. ) DEPUTY CITY ATTORNEY EMPENO EXCUSED At 3:04 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO RETURNED At 3: 04 p. m., Economic Development Agency Special Counsel Timothy Sabo returned to the Council meeting. 21 11/6/95 DIRECTOR OF PLANNING & BUILDING SERVICES BOUGHEY EXCUSED At 3: 04 p. m., Director of Planning and Building Services Boughey left the Council meeting and was replaced by Economic Development Agency Administrator Timothy Steinhaus. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY - JOINT REGULAR MEETING At 3:04 p.m., Chairman Minor called the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority and Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. At this time, the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items. Minutes of the action taken on Community Development Commission items are prepared and distributed separately by the Economic Development Agency. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATOR STEINHAUS EXCUSED At 4:32 p.m., Economic Development Agency Administrator Timothy Steinhaus left the Council meeting and was replaced by City Administrator Shauna Clark. ECONOMIC DEVELOPMENT AGENCY SPECIAL COUNSEL SABO EXCUSED At 4: 32 p. m., Economic Development Agency Special Counsel Timothy Sabo left the Council meeting. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 4:33 p.m., Senior Assistant Cit.y Attorney Barlow left the Council meeting and was replaced by City Attorney Penman. CODE ENFORCEMENT TIMELINES COUNCIL MEMBER HERNANDEZ - 1995 DISCUSS & TAKE ACTION - CONTINUED FROM OCTOBER 16, (33) This is the time and place continued to discuss and take possible action regarding Code Enforcement timelines. Council Member Hernandez made a motion that Council direct the Economic Development Agency staff to adJust their budget to provide funds for additional staff to reduce the current enforcement timelines. The motion failed for lack of a second. Discussion ensued relative to using set-aside money for this project and possible restrictions that may apply; and the fact that the recruitment process could take as long as six months. 22 11/6/95 Mayor Minor stated that a workshop will be held in December to prioritize bond money. Council Member Hernandez made a motion that Council direct staff Agency Administrator Timothy Steinhaus to look at the ways they may be able to fund this program by using bond proceeds to eradicate blight. The motion failed for lack of a second. City Administrator Shauna Clark reminded Council Rental Housing Inspection Program would be coming up for soon. that the refunding Council Member Devlin made a motion, seconded by Council Member Oberhelman, that the matter be continued until after the bond prioritization workshop to be held in December 1995. (Note: There was no date specified.) The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam. Nays: Council Member Hernandez. Absent: Council Member Miller. RES. 95-388 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A LEASE CONTRACT FOR THE CENTER FOR INDIVIDUALS WITH DISABILITIES BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO AND THE AUTHORITY FOR THE HANDICAPPED AND TERMINATING ALL PREVIOUS LEASE AGREEMENTS. (Sl) Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 95-388 was Ayes: Council Members Negrete, Devlin, Pope-Ludlam. Nays: None. adopted by the following vote: Curlin, Hernandez, Oberhelman, Absent: Council Member Miller. PLACE PUBLIC COMMENTS AT END OF AGENDA - OFF CAMERA - DISCUSS & TAKE POSSIBLE ACTION - COUNCIL MEMBER CURLIN (S2) Council Member Curlin submitted a Staff Report dated October 31, 1995, relative to hearing public comments at the end of the Mayor and Common Council agenda and off camera. City Administrator Shauna Clark submitted a memorandum dated October 30, 1995, outlining the cost savings that would result from hearing public comments off camera and at the end of the Mayor and Common Council agenda. 23 11/6/95 Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, that public comments be placed at the end of the agenda and heard off camera. The following individuals expressed opposition to moving public comments to the end of the agenda: Larry Singleton, a resident of San Bernardino. Patricia Campbell, 1925 College, San Bernardino, CA. Robert Rego, 853-A Lynwood, San Bernardino, CA, requested continuance of the item and the formation of a task force to study the problem and work with the people to resolve the matter. Discussion ensued regarding how far the City can legally go in restricting the public's right to speak, the savings that could be realized if the public comments were heard later in the meeting and off camera, the fact that other jurisdictions have many of the same problems the City has, and the question of possible liability to the City due to some of the public comments. City Attorney Penman stated that the City is totally immune from liability due to comments made by the public. Council Member Oberhelman made a substitute motion, seconded by Council Member Pope-Ludlam, that the public comments portion of the agenda remain on camera and take place at the end of the meeting for a trial period of 90 days. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam. Nays: Council Member Devlin. Absent: CounCIl Member Miller. COUNCIL MEMBER At 5: 13 p. m. , meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council COUNCIL MEMBER NEGRETE EXCUSED At 5:14 p.m., Council Member Negrete left the Council meeting. ALLOW CITY TO JOIN IN CLASS-ACTION SUITS AGAINST OWNERS OF NEIGHBORING UNMAINTAINED PROPERTIES - AUTHORIZE CITY ATTORNEY TO PREPARE ORDINANCE - COUNCIL MEMBER HERNANDEZ (S3) Council Member Hernandez submitted a Staff Report dated October 31, 1995, regarding directing the City Attorney to prepare an ordinance which would allow the City to join property owners who file class-action suits against the owners of neighboring unmaintained properties. 24 11/6/95 Discussion ensued regarding whether the City can legally enter into class-action suits. Council Member Hernandez made a motion that Council direct the City Attorney to see if the City could find a way to join in class- action suits with property owners who file against neighboring unmaintained properties with a minimum cost to the City. The motion failed for lack of a second. Council Member Oberhelman made a motion, Member Hernandez, and unanimously carried, referred to the Legislative Review Committee Council consideration on December 4, 1995. seconded by Council that the matter be and brought back for RES. 95-389 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SIERRA PACIFIC ELECTRICAL CONTRACTING FOR INSTALLATION OF TRAFFIC SIGNALS AT KENDALL DRIVE AND NEW PINE AVENUE. (S5) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution Ayes: Council Nays: None. Miller. No. 95-389 was Members Curlin, Absent: Council adopted by the following vote: Hernandez, Oberhelman, Devlin. Members Negrete, Pope-Ludlam, ANNOUNCEMENT - MAYOR MINOR (3H) Mayor Minor announced that Channe" 3 would be providing live election coverage starting at 8:00 p.m. on December 7, 1995. ADJOURNMENT (36) At 5:18 p.m., the meeting was adjourned to 4:00 p.m., Monday, November 13, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. By RACHEL CLARK C C~k ~ Linda Hart~ Deputy City Clerk No. of Items: No. of Hours: 43 7.25 25 11/6/95