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Home My WebLink About05-22-1995 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING MAY 22, 1995 COUNCIL CHAMBERS This is the time and place meeting of the Mayor and Common Bernardino from the regular meeting 15, 1995, in the Council Chambers Street, San Bernardino, California. set for an adj ourned regular Council of the City of San held at 8:00 a.m., Monday, May of City Hall, 300 North "D" The City Clerk has caused to be posted the order of the adjournment of said meeting held on Monday, May 15, 1995, and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 1:00 p.m., Tuesday, May 16, 1995, on the door of the place at which said meeting was held. The adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 9:09 a.m., Monday, May 22, 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, Curlin, Hernandez, Oberhelman, Devlin; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Pope-Ludlam, Miller. ANNOUNCEMENT - MAYOR MINOR Mayor Minor announced that Council Member Miller had not been notified of today's Community Development Commission meeting, and the minutes of the Community Development Commission meeting of May 15, 1995, did not indicate adjournment to this date; therefore, Community Development Commission items would not be considered today. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6 OF ORDINANCE NO. MC-820 EXTENDING THE EXPIRATION DATE OF THE .5% INCREASE OF THE SERVICE USERS TAX TO JUNE 30, 1998. (UTILITY TAX) First (1) City Clerk Rachel Clark read the title of the ordinance into the record. 1 5/22/95 City Administrator Shauna Clark outlined the history of the service users tax (utility tax) from its inception, noting that the tax generates approximately $950,000 in annual revenue, representing approximately 22 percent of the General Fund budget. The .5 percent tax increase was approved in 1992 and is due to expire in June 1995; however, due to the current budget situation she recommended extension of the .5 percent for an additional three-year period, from July 1, 1995 to July 1, 1998. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that full reading of the ordinance be waived; and that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin. None. Absent: Council Members Pope-Ludlam, Miller. Council Nays: AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION E OF SECTION 5.04.360 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SOLICITING, BEGGING OR ADVERTISING ON CERTAIN CONGESTED STREETS. (Continued from May 15, 1995) First (2) Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin. None. Absent: Council Members Pope-Ludlam, Miller. Council Nays: REQUEST TO RESTORE FUNDING - CITY ATTORNEY INVESTIGATOR POSITIONS - CITY ATTORNEY'S OFFICE BUDGET FISCAL YEAR 1994-95 & RESET "BOTTOM LINE" - CITY ATTORNEY'S OFFICE BUDGET FISCAL YEAR 1995-96 CONTINUED FROM MAY 15, 1995 (3) This is the time and placed continued to consider a request to restore funding for two investigator positions to the City Attorney's budget for Fiscal Year 1994-95; and to reset the "bottom line" for the City Attorney's budget for Fiscal Year 1995-96. City Attorney Penman requested that this matter be continued to June 5, 1995. Charles Green, Sabo & Green, 6320 Canoga Avenue, Suite 400, Woodland Hills, CA, litigation counsel for the Common Council in this case, answered questions regarding the court order to reinstate the two City Attorney's Office investigator positions with necessary funding. 2 5/22/95 Discussion ensued regarding the different interpretations of the court order and whether an outside authority can stipulate actions relative to matters of budget and policy. Shauna Clark, City Administrator, explained the annual budget process from the departmental level through the Mayor and Common Council's final approval of the Fiscal Year budget. She noted that the two investigators have remained on the payroll and have been paid without interruption. City Attorney Penman stated that the Council should comply with the court order and determine the City Attorney's Office budget allocation for Fiscal Year 1995-96. He detailed how the City Attorney's Office has saved money throughout the past year, therefore making it difficult to use Fiscal Year 1994-95 figures to project actual funds needed for Fiscal Year 1995-96. COUNCIL MEMBER At 9: 46 a. m. , Council meeting and POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived took her place at the council table. at the B. Warren Cocke, 2875 Valencia Avenue, San Bernardino, CA, stated that the Council members' sworn obligation is to uphold the law, and the law has ordered them to restore the two investigator positions to the City Attorney's Office and the necessary funding. Ruben Lopez, 631 W. 16th Street, San Bernardino, CA, expressed support for restoring the funding for the investigators to the City Attorney's Office budget for Fiscal Year 1995-96. Council Member Hernandez made a motion, seconded by Council Member Curlin, to continue the matter to budget time. Council Member Oberhelman made a substitute motion, seconded by Council Member Devlin, that the Director of Finance be instructed to restore $128,000 to the budget of the City Attorney's Office for Fiscal Year 1994/95 in order to comply with the court order directed to the Common Council in San Bernardino Superior Court Case No. SCV 13711; and that the matter of resetting the "bottom line" for the budget of the City Attorney's Office for Fiscal Year 1995-96 at $1,753,500, be continued to the June 12, 1995, budget hearing. Council Member Oberhelman amended his motion, seconded by Council Member Devlin, that the Director of Finance be instructed to restore $128,000 to the budget of the City Attorney's Office for Fiscal Year 1994/95 in order to comply with the court order directed to the Common Council in San Bernardino Superior Court Case No. SCV 13711. 3 5/22/95 The Council Negrete, Miller. amended motion failed by the Members Oberhelman, Devlin. Curlin, Hernandez, Pope-Ludlam. following vote: Ayes: Nays: Council Members Absent: Council Member Council Member Hernandez made a motion, seconded by Council Member Curlin, that the matter be continued to the June 12, 1995, budget hearing in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays: Council Members Oberhelman, Devlin. Absent: Council Member Miller. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUPPORTING THE COUNTY OF SAN BERNARDINO'S PROPOSAL TO FORM AN ASSESSMENT DISTRICT UNDER THE MUNICIPAL IMPROVEMENT ACT OF 1913 TO FINANCE THE LOCAL AGENCY SHARE OF THE COST FOR THE IMPROVEMENT OF SAN TIMOTEO CREEK BY THE U. S. ARMY CORPS OF ENGINEERS. (Continued from May 15, 1995) (12) Ken Miller, Director of Transportation and Flood Control, County of San Bernardino, stated that under the Municipal Improvement Act of 1913, San Bernardino County cannot proceed with this project, Assessment District No. 95-1, without the support of all involved cities. He stated that the total assessment is approximately $16.3 million; of which 35 percent represents the City of San Bernardino's share. Discussion ensued regarding the proposed funding mechanism and any possible negative impacts on areas of the City adjacent to the project. It was noted that the first hearing on this matter is scheduled for June 13, 1995, before the San Bernardino County Board of Supervisors. Elliott Shaw, 621 E. Carnegie Drive, #120, San Bernardino, CA, expressed opposition to proposed Assessment District No. 95-1. Bette Rader, Property Manager, Tri-City Corporate Centre, 650 Hospitality Lane, San Bernardino, CA, spoke in opposition to proposed Assessment District No. 95 -1, stating it would have considerable impact on the property owners. Margaret Thomas, 1130 Heather Square, Pasadena, CA, stated she represented owners of approximately 9.5 acres at Vanderbilt Way and Waterman Avenue; and requested that the matter be delayed until property owners have an opportunity to participate in the process. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that the matter be referred to the Legislative Review Committee; and be brought back to the Mayor and Common 4 5/22/95 Council on June 5, 1995, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: Council Member Negrete. Absent: Council Member Miller. PUBLIC MEETING CONFIRM 1995-96 ASSESSMENT ROLLS LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NOS. 951, ZONES 1 & 2; 952, ZONE 2; 956; 959, ZONE 1; 968; 991; 1005; 1007; & SEWER LIFT STATION MAINTENANCE DISTRICT NO. 963 (15) This is the time and place set for a public meeting to discuss confirmation of the Fiscal Year 1995-96 assessment rolls for various Landscape Maintenance Assessment Districts within the city and for Sewer Lift Station Maintenance District No. 963. Roger Hardgrave, Director of Public Works/City Engineer, submitted a Staff Report dated April 25, 1995, recommending confirmation of the 1995-96 assessment rolls for various Landscape Maintenance Assessment Districts within the city and for Sewer Lift Station Maintenance District No. 963. City Clerk Rachel Clark read a letter dated May 19, 1995, from The Shelter Group, SCA Realty, Inc., Suite 500, Park Charles, 218 N. Charles Street, Baltimore, MD, property owner of North pointe Apartments, 1265 Kendall Drive, San Bernardino, CA, expressing concerns relative to Assessment District No. 959, Zone 1. Mayor Minor opened the public meeting. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the public meeting relative to increased assessments on the City's various Chapter 12.90 assessment districts be closed and the protests, if any, be carried over to the public hearing set for 10:00 a.m., June 26, 1995. DISCUSS & TAKE POSSIBLE ACTION - CHARTER SECTION 36 - MAYOR PRO TEM TO PRESIDE IN THE ABSENCE OF MAYOR COUNCIL MEMBER CURLIN - CONTINUED FROM MAY 15, 1995 (4) This is the time and place continued to discuss and take possible action relative to Charter Section 36, Mayor Pro Tem to preside in the absence of Mayor. Council Member Curlin made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be continued to June 19, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 5 5/22/95 POLICE DEPARTMENT - DESIGNATE TOW SERVICE COMPANIES - SET TOW RATES - CONTINUED FROM MAY 15, 1995 (5) This is the time and place continued to review the Police Department's existing tow rate procedure relative to setting tow rates and designation of tow service companies. ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SECTION 2.34.030 (G) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE REVIEW OF THE CALIFORNIA HIGHWAY PATROL TOWING CHARGE RATE SCHEDULE BY THE POLICE COMMISSION, AND AMENDING SECTION 5.76.230 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO REVIEW OF THE FRANCHISE BOARD OF RATES AND FARES AND DELETING TOW CARRIERS THEREFROM, AND AMENDING SECTION 5.76.490B OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO REVIEW OF THE FRANCHISE BOARD OF RATES AND FARES AND DELETING TOW CARRIERS THEREFROM. (Continued from May 15, 1995) First (SA) RESOLUTION OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 82 -179 RELATING TO FIXING AND ESTABLISHING RATES OF TOWING AND STORAGE SERVICES BY TOWING VEHICLES. (Continued from May 15, 1995) (5B) Council Member Devlin made a motion, seconded by Council Member Oberhelman, that said ordinance be tabled; and said resolution be continued to June 5, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. City Attorney Penman recommended that the ordinance, and the resolution, be tabled. Council Member Hernandez made a substitute motion, Council Member Negrete, and unanimously carried, ordinance and resolution, be tabled. seconded by that said POLICE DEPARTMENT - PROPOSED PURCHASE - LOGGING RECORDER SYSTEM - CONTINUED FROM MAY 15, 1995 (6) This is the time and place continued to consider the proposed purchase of a logging recorder system for the Police Department. Council Member Hernandez made a motion, seconded by Council Member Negrete, and unanimously carried, that the purchasing manager be directed to enter into a negotiated purchasing process, as outlined in the San Bernardino Municipal Code, for the purchase of a logging recorder system to be utilized by the Police Department. POLICE DEPARTMENT MANAGEMENT AUDIT REPORT ANDERSEN & ASSOCIATES - CONTINUED FROM MAY 15, RALPH 1995 (7) 6 5/22/95 This is the time and Department Management Audit Associates and consider recommendations. place continued to review the Police Report submitted by Ralph Andersen and implementation of the report's B. Warren Cocke, 2875 Valencia Avenue, San Bernardino, CA, expressed his concerns relative to the audit report and voiced opposition to elimination of the Assistant Chief position as recommended in the audit. Steve Filson, President, San Bernardino Police Officers Association (SBPOA), expressed concern regarding some of the audit recommendations; particularly the recommendation to remove three field positions. He stated that the Police Department's current span of control (ratio of field officers to field supervisor) is 7 to 1; the current recommended minimum is 5 to 1. He emphasized the Police Department's need for field supervisors and asked the Council to keep an open mind when considering the audit recommendations. Discussion ensued regarding what direction the Police Department is going; the importance of span of control, particularly in field issues; the lack of specific manning recommendations in the report; and the need to develop a strategic plan for the Police Department prior to implementing some of the recommended changes. It was noted that many members of the Police Department, as well as various members of the community, are very capable of developing a strategic plan. Council Member Devlin made a motion, seconded by Council Member Curlin, that the Police Management Audit Report conducted by Ralph Andersen and Associates be received and filed; and that the following items be considered after the Council has enough information to make an informed decision: 1) that staff be directed to meet and confer with the appropriate bargaining units on the impact of the proposed staffing changes; 2) that the City Administrator and the Acting Chief of Pclice be directed to oversee the implementation of the audit recommendations, except for those subject to legal opinion; and 3) that Ralph Andersen and Associates be authorized to conduct a supplemental analysis of the potential consolidation of the Police and Fire Dispatch operations at a cost not to exceed $5,000 (Motion Nos. 2, 3, and 4 on the agenda). (Note: There was no vote taken.) Discussion continued regarding the need for a City strategic plan as well as a Police Department strategic plan, and the need for a facilitator to help with this effort. Council Members agreed that they did not want to spend any more money employing outside resources to accomplish this task. 7 5/22/95 Acting Police Chief Harp stated he could develop a strategic plan for the Police Department, but he could not administer the daily operation of the department at the same time. Mayor Minor expressed approval of most of the audit recommendations and agreed that developing a strategic plan should be the next step. He expressed concern that several audits have been conducted over the past few years, at a significant expense to the City, but none have been implemented. Council Member Oberhelman made a substitute motion, seconded by Council Member Devlin, and unanimously carried, that the Police Management Audit Report conducted by Ralph Andersen and Associates be received and filed; and that staff proceed with the development and implementation of a strategic plan for both the Police Department and the City utilizing all local resources; and when the strategic plan is completed bring back to the Mayor and Common Council, Motion Nos. 2, 3, and 4, for reconsideration. STREET IMPROVEMENTS - RANCHO AVENUE - EAST SIDE - SOUTH OF SANTA FE RAILWAY - AUTHORIZE ADVERTISEMENT FOR BIDS - APPROVE PLAN NO. 9137 & TRANSFER OF FUNDS - CONTINUED FROM MAY 15, 1995 (11) This is the time and place continued to consider approval of plans and authorization to advertise for bids for construction of street improvements on the east side of Rancho Avenue, south of the Santa Fe Railway, per Plan No. 9137. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the transfer of $28,000 from Account No. 126-369-5504-1402, "Improvements - Mill Street (south side), west of Meridian Avenue," to Account No. 126- 369-5504-7003, "Improvements - Rancho Avenue (east side), south of Santa Fe Railway," be approved; and that the plans for construction of street improvements on Rancho Avenue (east side), south of Santa Fe Railway, in accordance with Plan No. 9137, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 8.24.181,8.24.182,8.24.183,8.24.184,8.24.185 AND 8.24.186 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE DISPOSAL OF SCRAP TIRES. (Continued from May 15, 1995) Final (8) Council Member Oberhelman made a motion, seconded Member Negrete, and unanimously carried, that the continued to June 19, 1995, in the Council Chambers of 300 North "D" Street, San Bernardino, California. by Council matter be City Hall, 8 5/22/95 RES. 95-164 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A RESOLUTION .... DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS...;" AND PROVIDING THAT THIRTY-NINTH STREET IS A THROUGH HIGHWAY AT ITS INTERSECTION WITH SEVERANCE AVENUE. (Continued from May 15, 1995) (9) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 95-164 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. RECEIVE & FILE TRAFFIC SAFETY COMMITTEE RECOMMENDATION - PROPOSED CLOSURE - 18TH STREET - WEST OF ARROWHEAD AVENUE - CONTINUED FROM MAY 15, 1995 (10) This is the time and place continued to receive and file the recommendation of the Traffic Safety Committee relative to the proposed closure of 18th Street west of Arrowhead Avenue. Council Member Oberhelman made a motion, seconded Member Negrete, and unanimously carried, that the continued to June 5, 1995, in the Council Chambers of 300 North "D" Street, San Bernardino, California. by Council matter be City Hall, RES. 95-165 - RESOLUTION OF THE CITY OF SAN BERNARDINO TO ENTER INTO A STIPULATION FOR AMENDMENT AND AMENDMENT TO JUDGMENT AND DECREE WITH THE CITY OF RIVERSIDE TO MODIFY PUMPING RIGHTS WITHIN SPECIFIED AREAS OF THE BUNKER HILL GROUNDWATER BASIN AS ESTABLISHED BY THE 1922 JUDGMENT NO. 13754. (Continued from May 15, 1995) (13) B. Warren Cocke, 2875 Valencia Avenue, San Bernardino, CA, expressed unanimous support of this item on behalf of the Board of Water Commissioners. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolution be adopted. Resolution No. 95-165 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. PUBLIC HEARING - IMPOSING LIENS - PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO UNCOLLECTED BUSINESS REGISTRATION FEES - CONTINUED FROM MAY 15, 1995 (14) 9 5/22/95 This is the time and place continued to for a public hearing relative to imposing liens on certain property located within the City of San Bernardino for uncollected business registration fees. Mayor Minor opened the hearing. City Clerk Rachel Clark stated that the following properties should be deleted from the resolution: 1434 parkside Drive, 1134 N. Sepulveda Avenue, 608 E. 16th Street, 171 S. Waterman Avenue, 1151 N. "D" Street. RES. 95-166 - 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. (Continued from May 15, 1995) (14) Council Member Hernandez made a motion, seconded by Council Member Negrete, that the hearing be closed; and that said resolution be adopted as amended by deleting the following properties: 1434 parkside Drive, 1134 N. Sepulveda Avenue, 608 E. 16th Street, 171 S. Waterman Avenue, and 1151 N. "D" Street. The motion carried, and the following vote: Ayes: Hernandez, Oberhelman, Devlin. Absent: Council Member Miller. Resolution No. 95-166 was adopted by Council Members Negrete, Curlin, Nays: Council Member Pope-Ludlam. ADJOURNMENT (16) At 12:14 p.m. the adjourned regular meeting adjourned. next regular meeting of the Mayor and Common Council will be at 8:00 a.m., Monday, June 5, 1995, in the Council Chambers of Hall, 300 North "D" Street, San Bernardino, California. The held City By RACHEL CLARK City Clerk ~~ H~~zM~ Deputy City Clerk No. of Items: 16 No. of Hours: 3.25 10 5/22/95