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HomeMy WebLinkAbout05-23-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING MA Y 23, 1994 COUNCIL CHAMBERS This is the time and place set for an adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino from the regular meeting held at 8:00 a.m., Monday, May 16, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the Order of Adjournment of said meeting held on Monday, May 16, 1994, 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 10:30 a.m., Tuesday, May 24, 1994, 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 10:10 a.m., Monday, May 23, 1994, 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; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Miller. PUBLIC MEETING - FISCAL YEAR 1994/95 PROPOSED INCREASED ASSESSMENT LEVY - VARIOUS CHAPTER 12.90 - MAINTENANCE ASSESSMENT DISTRICTS (1 - 11) This is the time and place set for a public meeting to consider the proposed assessment increases to various Chapter 12.90 maintenance assessment districts. In a memorandum dated May 2, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that as required by provisions of San Bernardino Municipal Code Chapter 12.90, and the Brown Act, a public meeting and hearing were scheduled to hear protests on the increased annual assessments, if any, for all of the City's Chapter 12.90 maintenance assessment districts which require increases. No action can be taken on the protests during the public meeting, and all protests should be carried over to the public hearing scheduled for June 27, 1994. 1 5/23/94 Notices were mailed to all property owners in the affected assessment districts stating the amount of the old assessment, the amount of the proposed assessment, and the date, time and place for the public meeting and hearing. The assessments increased due to a combination of, increased costs for maintenance contracts, actual costs of maintenance or repairs, or the district's administrative costs. Mayor Minor opened the public meeting for items one through eleven. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 951, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, IN THE KENDALL AND W AGONWHEEL ROAD AREA. (1) City Clerk Rachel Clark read the title of said resolution. Roger Hardgrave, Director of Public Works/City Engineer, stated that the assessment levied in Assessment District No. 951, Zone 2, in Fiscal Year 1993/94 had been $2.27 per unit, which is one single family residence or equivalent amount of land, and that the proposed assessment for Fiscal Year 1994/95 is $22.97 per unit. Susan Johnson, 5088 Sundance Drive, San Bernardino, CA, voiced opposition to the proposed assessment increase for Assessment District. No. 951. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to the proposed assessment increase for Assessment District No. 951. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 952, LANDSCAPING CONSTRUCTION AND MAINTENANCE, STATE COLLEGE PARKWAY (UNIVERSITY PARKWAY) AREA. (2) City Clerk Rachel Clark read the title of said resolution. Roger Hardgrave, Director of Public Works/City Engineer, stated that the assessment levied in Assessment District No. 952, Zone 1, in Fiscal Year 1993/94 had been $34.90 per unit, and that the proposed assessment for Fiscal Year 1994/95 is $38.76 per unit; and Zone 3, in Fiscal Year 1993/94 had been $9.48 per unit, and that the proposed assessment for Fiscal Year 1994/95 is $247.60 per unit. Michael Shelton, 5583 Western Avenue, San Bernardino, CA, voiced opposition to the proposed assessment increases for Assessment District No. 952. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired if these funds could be used for purposes other than landscaping. 2 5/23/94 Director Hardgrave stated that these funds can only be used for landscaping within the district; and that staff anticipates Assessment District No. 952 would be used to test the resident empowerment pilot program as described by City Administrator Shauna Clark at the Mayor and Council meeting of May 16, 1994. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 959, LANDSCAPING MAINTENANCE, PORTIONS OF KENDALL DRIVE, SHANDIN HILLS DRIVE, "F" STREET, AND LITTLE MOUNTAIN DRIVE (SHANDIN HILLS AREA). (3) MAYOR MINOR EXCUSED At 10:27 a.m., Mayor Minor declared a conflict of interest on this malter, and left the Council meeting. The duties of Mayor Pro Tem were assumed by Council Member Devlin. City Clerk Rachel Clark read the title of said resolution. Roger Hardgrave, Director of Public Works/City Engineer, stated that the assessment levied in Assessment District No. 959, Zone 1, in Fiscal Year 1993/94 had been $33.72 per unit, and that the proposed assessment for Fiscal Year 1994/95 is $244.76 per unit; and Zone 2, in Fiscal Year 1993/94 had been $10.35 per unit, and that the proposed assessment for Fiscal Year 1994/95 is $23.88 per unit. Susan Johnson, 5088 Sundance Drive, San Bernardino, CA, stated her opposition to the proposed assessment increases for Assessment District No. 959. Jeff Wright, P. O. Box 2341, San Bernardino, CA, felt that these increases should be submitted to the residents for a vote. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 962, FOR THE MAINTENANCE OF A SEWER LIFT STATION IN THE AREA GENERALLY LOCATED EASTERLY OF PINE AVENUE AND SOUTHERLY OF BELMONT AVENUE, IN THE CITY OF SAN BERNARDINO. (4) MAYOR MINOR RETURNED At 10:36 a.m., Mayor Minor returned to the Council meeting and took his place at the council table. City Clerk Rachel Clark read the title of said resolution. 3 5/23/94 City Clerk Rachel Clark stated that a letter protesting Assessment District No. 962 has been received from Braxton and Linda Smith, 2535 Christine Street, San Bernardino, CA. Director Hardgrave stated that the assessment levied in Assessment District No. 962 in Fiscal Year 1993/94 had been $39.44 per unit, and that the proposed assessment for Fiscal Year 1994/95 is $45.90 per unit; and explained the sewer lift station upgrades that were made in accordance with Water Quality Board mandates. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired if these funds could be used for purposes other than landscaping. Director Hardgrave stated that these funds can only be used for landscaping within the district. CITY ATTORNEY PENMAN EXCUSED At 10:37 a.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Roth. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 963, FOR THE MAINTENANCE OF A SEWER LIFT STATION IN PORTIONS OF ALLEN STREET, NORTH OF CENTRAL AVENUE IN THE CITY OF SAN BERNARDINO. (5) City Clerk Rachel Clark read the title of said resolution. Roger Hardgrave, Director of Public Works/City Engineer, stated that the assessment levied in Assessment District No. 963 in Fiscal Year 1993/94 had been $66.54 per unit, and that the proposed assessment for Fiscal Year 1994/95 is $114.56 per unit; and explained the sewer lift station upgrades that were made in accordance with Water Quality Board mandates. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern that the assessment levied in Assessment District No. 963 had almost doubled. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 989, LANDSCAPING AND SEWER LIFT STATION MAINTENANCE, MILL AND MACY AREA. (6) City Clerk Rachel Clark read the title of said resolution. Director Hardgrave stated that the assessment levied in Assessment District No. 989 in Fiscal Year 1993/94 had been $38.12 per unit, and that the proposed assessment for Fiscal Year 1994/95 is $183.02 per unit. 4 5/23/94 Billy Gilbreath, 554 San Carlo Avenue, Colton, CA, expressed oppOSItIon to the proposed assessment increase in Assessment District No. 989; and presented to the City Clerk a package of protests including the names of seventy-eight (78) residents of Assessment District No. 989 who are opposed to the proposed increase. CITY ATTORNEY PENMAN RETURNED At 10:46 a.m., City Attorney Penman returned to the Council meeting. Jeff Wright, P. O. Box 2341, San Bernardino, CA, felt that there should have been two separate assessment districts in this case, one for landscaping maintenance, and a separate one for maintenance of the sewer lift station. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 990, HIGHLAND AND ARDEN SECURITY AND MAINTENANCE DISTRICT. (7) City Clerk Rachel Clark read the title of said resolution. Roger Hardgrave, Director of Public Works/City Engineer, stated that the assessment levied in Assessment District No. 990, Zone 2, in Fiscal Year 1993/94 had been $104.97 per unit, and that the proposed assessment for Fiscal Year 1994/95 is $728.05 per unit; answered questions regarding the security services provided to properties within Assessment District No. 990, and explained that these assessments apply only to apartments, not single family homes, within the district. Evelyn Kinney, 2048 East 18th Street, San Bernardino, CA, expressed concern regarding the need for more security in the area, and the need to make out of town landlords more accountable for the maintenance of their rental properties and the actions of their tenants. Jeff Wright, P. O. Box 2341, San Bernardino, CA, stated that other funding sources should be obtained to pay for these security services. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 991, LANDSCAPING MAINTENANCE, VERDEMONT AND OLIVE AREA. (8) City Clerk Rachel Clark read the title of said resolution. City Clerk Rachel Clark stated that a letter of protest has been received which includes the signatures of ninety-seven (97) residents of Assessment District No. 991 who are opposed to the proposed assessment increase. 5 5/23/94 Director Hardgrave stated that the assessment levied in Assessment District No. 991 in Fiscal Year 1993/94 had been $157.63 per unit, and that the proposed assessment for Fiscal Year 1994/95 is $234.99 per unit; and stated that the homeowners in the district have expressed concern over the quality of construction of their homes. Judith Sabasteanski, 6735 North Steven Way, San Bernardino, CA, voiced opposition to the proposed assessment increase in Assessment District No. 991. Jon Haggard, 6643 North Steven Way, San Bernardino, CA, voiced opposition to the proposed assessment increase in Assessment District No. 991. Terry Moll, 6705 North Steven Way, San Bernardino, CA, expressed opposition to the proposed assessment increase for Assessment District No. 991. CITY ATTORNEY PENMAN EXCUSED At 11:04 a.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Roth. Lucille Barton, 6731 North Huntington Drive, San Bernardino, CA, voiced opposition to the proposed assessment increase for Assessment District No. 991. Susan Johnson, 5088 Sundance Drive, San Bernardino, CA, stated that the maintenance of properties within Homeowner Associations should not be the responsibility of the City. Jeff Wright, P. O. Box 2341, San Bernardino, CA, felt that there should be a cap on the amount of the assessments. CITY CLERK RACHEL CLARK EXCUSED At 11:18 a.m., City Clerk Rachel Clark left the Council meeting and was replaced by Deputy City Clerk Vale. Barbara Corral, 3031 West Myers Road, San Bernardino, CA, voiced opposition to the proposed assessment increase in Assessment District No. 991. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 997, LANDSCAPING MAINTENANCE, PORTION OF VACATED CHESTNUT AVENUE BETWEEN IRVINGTON AVE. AND OHIO AVE. (9) Deputy City Clerk Vale read the title of said resolution. Council Member Devlin stated that a letter protesting Assessment District No. 997 has been received from Kevin and LeAnne Uhler, 3205 West Shephard Lane, San Bernardino, CA. 6 5/23/94 CITY CLERK RACHEL CLARK RETURNED At 11 :21 a.m., City Clerk Rachel Clark returned to the Council meeting. Roger Hardgrave, Director of Public Works/City Engineer, stated that the assessment levied in Assessment District No. 997 in Fiscal Year 1993/94 had been $17.05 per unit, and that the proposed assessment for Fiscal Year 1994/95 is $25.38 per unit. Jeff Wright, P. O. Box 2341, San Bernardino, CA, stated that if the proposed increases were more moderate, residents would not be protesting them. Discussion ensued regarding the merits of having Chapter 12.90 maintenance assessment districts. COUNCIL MEMBER DEVLIN EXCUSED At 11:31 a.m., Council Member Devlin left the Council meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1002, LANDSCAPING MAINTENANCE, NORTH "H" STREET AREA. (10) City Clerk Rachel Clark read the title of said resolution. Roger Hardgrave, Director of Public Works/City Engineer, stated that the assessment levied in Assessment District No. 1002 in Fiscal Year 1993/94 had been $14.32 per unit, and that the proposed assessment for Fiscal Year 1994/95 is $14.40 per unit. Susan Johnson, 5088 Sundance Drive, San Bernardino, CA, expressed concern regarding the landscaping maintenance in the Shandin Hills area. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern regarding the assessment district increases proposed for the new fiscal year. RESOLUTION OF THE CITY OF SAN BERN ARDINO CONFIRMING THE 1994/95 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1005, LANDSCAPING MAINTENANCE, CAJON AND PEPPER LINDEN DRIVE AREA. (11) City Clerk Rachel Clark read the title of said resolution. Director Hardgrave stated that the assessment levied in Assessment District No. 1005 in Fiscal Year 1993/94 had been $30.92 per unit, and that the proposed assessment for Fiscal Year 1994/95 is $162.04 per unit; and that this increase reflected the actual cost of landscaping for the district for the year. 7 5/23/94 Jeff Wright, P. O. Box 2341, San Bernardino, CA, voiced opposition to the proposed assessment increase for Assessment District No. 1005. COUNCIL MEMBER HERNANDEZ EXCUSED At 11:36 a.m., Council Member Hernandez left the Council meeting. Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that further reading of said resolutions be waived; and that the public meetings relative to increased assessments on the City's various Chapter 12.90 maintenance assessment districts, items one through eleven, be closed, and the protests, if any, be carried over to the public hearings scheduled for June 27, 1994, Items One through Eleven, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 11 :38 a.m., Mayor Minor declared a ten-minute recess. RECONVENE MEETING At 11:49 a.m., Mayor Minor reconvened the adjourned 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 Roth, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Miller. PUBLIC HEARING - IMPOSING LIENS ON PROPERTY - UNCOLLECTED BUSINESS REGISTRATION FEES - CONTINUED FROM MAY 16, 1994 (12) This is the time and place continued to for a public hearing to consider imposing liens on real property located within the City of San Bernardino for uncollected business registration fees for the renting or leasing of dwelling units. City Clerk Rachel Clark read the title of said resolution. City Clerk Rachel Clark stated that Exhibit "A" of the resolution should be amended to delete the following address: 4405 North Sierra Way. Mayor Minor opened the hearing. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to imposing liens for uncollected business registration fees. 8 5/23/94 Evelyn Kinney, 2048 East 18th Street, San Bernardino, CA, stated her opposition to imposing liens for uncollected business registration fees. Lori Smith, 379 West 28th Street, San Bernardino. CA, voiced opposition to the licensing of rental units in the City. Discussion ensued regarding the merits of the single family rental business registration fee program. RES. 94-122 - 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 16, 1994) (12) Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the hearing be closed. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that further reading of said resolution be waived; that said resolution be adopted, and that Exhibit "A" be amended to delete the following address: 4405 North Sierra Way. Resolution No. 94-122 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin. Nays: Council Member Pope-Ludlam. Absent: Council Member Miller. RECESS MEETING At 12:01 p.m., Mayor Minor recessed the meeting until 1:30 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 1:35 p.m., Mayor Minor reconvened the adjourned 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; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Miller. 9 5/23/94 DISCUSS CITY'S LIABILITY EXPOSURE & TAKE POSSIBLE ACTION ON THE HIRING OF AN INDEPENDENT INVESTIGATOR - ALLEGATIONS OF SEXUAL HARASSMENT - CITY ATTORNEY'S OFFICE - CONTINUED FROM MAY 16, 1994 (21) This is the time and place continued to discuss and take possible action on the City's liability exposure and the hiring of an independent investigator relating to allegations of sexual harassment in the City Attorney's Office. Concern was expressed relative to the appropriateness of discussing allegations of sexual harassment in the City Attorney's Office during a Council meeting, and whether this matter was being raised in an effort to hurt City Attorney Penman's candidacy for District Attorney. Mayor Minor stated that no claims have been filed against the City for sexual harassment in the City Attorney's Office, and that the appropriate action would be to refer the matter to the City's Affirmative Action Officer. City Attorney Penman stated that the statute of limitations on the allegations has expired, and stressed that these are only allegations. Concern was expressed regarding the serious nature of these allegations. A discussion was held regarding whether to discuss this matter at this time, or continue the matter to a later date, whether valid claims exist or is the matter being raised for political reasons, what the statute of limitations are for filing sexual harassment claims, whether the matter should be discussed in open or closed session, and if the Council goes into closed session should City Attorney Penman be excluded. Concern was expressed regarding the need to ensure the privacy of the parties involved, and whether authorization has been granted by the parties involved to discuss the matter in open session. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council adjourn to closed session so that information Council Member Hernandez possesses can be presented to ensure the privacy ofthe parties involved, and that the City Attorney be excluded from the closed session. (Note: The vote was taken after discussion. ) Mayor Minor recommended that the matter be continued to a later date to allow time to confer with the legal firms recommended by the League of California Cities relative to the best course of action to take on this matter. Discussion continued relative to the selection of a legal adviser, and whether City Attorney Penman would be allowed to participate in closed session. Stephanie Allen, a resident of San Bernardino, CA, felt that this matter should be discussed in open session. 10 5/23/94 Concern was expressed that the allegations should be handled as a serious matter, and that action be taken in open session in a timely manner: and whether the information Council Member Hernandez possesses regarding this matter should be referred to the Mayor so that when he confers with legal firms familiar with sexual harassment charges, he will have a clear understanding of the matter. The motion failed by the following vote: Ayes: Council Members Curlin, Hernandez. Nays: Council Members Oberhelman, Devlin, Pope-Ludlam. Abstain: Council Member Negrete. Absent: Council Member Miller. Council Member Pope-Ludlam changed her vote from negative to affirmative. The motion failed by the following vote: Ayes: Council Members Curlin, Hernandez, Pope-Ludlam. Nays: Council Members Oberhelman. Devlin. Abstain: Council Member Negrete. Absent: Council Member Miller. Discussion continued as to whether to continue this matter to a later date and have Council Member Hernandez share the information he has with Mayor Minor so that the Mayor can confer with the firms familiar with sexual harassment charges; whether to establish a Committee made up of three Council Members to meet with the Mayor regarding this matter and develop a recommendation for the Council to review at a later meeting; the need to protect the privacy of the parties involved, and the best course of action to take on the matter. Jeff Wright, P. O. Box 2341, San Bernardino, CA, stated that these allegations are politically motivated. Discussion continued regarding the best course of action to take on this matter. Council Member Devlin made a motion, seconded by Council Member Curlin, that the matter be discussed in open session. The motion failed by the following vote: Ayes: Council Members Curlin, Oberhelman. Nays: Council Members Negrete, Hernandez, Devlin, Pope-Ludlam. Absent: Council Member Miller. Discussion continued regarding the concerns raised during this discussion. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, to adjourn into closed session. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays: Council Members Oberhelman, Devlin. Absent: Council Member Miller. 11 5/23/94 City Attorney Penman stated that he could not be excluded from a closed session. Discussion continued regarding the best course of action to take on this matter. Concern was expressed regarding the need to establish an Ad Hoc Council Committee to determine the best course of action to make relative to these sexual harassment allegations. Council Member Negrete changed his affirmative vote to negative. The motion failed by the following vote: Ayes: Council Members Curlin, Hernandez, Pope-Ludlam. Nays: Council Members Negrete, Oberhelman, Devlin. Absent: Council Member Miller. Discussion continued regarding the concerns raised during this discussion. Council Member Negrete made a motion, seconded by Council Member Devlin, that Council Member Hernandez share the information he possesses with a Committee comprised of Council Members Curlin, Hernandez, and Devlin who would meet with Mayor Minor, and make a recommendation on the best course of action to take on this matter. (Note: The motion was subsequently amended, and the vote was taken after discussion.) Mayor Minor recommended that the purpose of the Committee be clarified, and suggested the following language: that the Mayor be directed to check with the four law firms recommended by the League of California Cities for the purpose of clarifying the following: can the Mayor and City Council meet in closed session and exclude the City Attorney from the closed session; whether the Mayor and Council can discuss possible litigation in closed session; determine if there is a statute of limitations on filing sexual allegation charges, and whether there are any exceptions; seek advice on how to proceed, and any other questions that may arise; and bring the matter back to the Mayor and Council on June 6, 1994. Discussion ensued regarding the language proposed by Mayor Minor, and the best course of action to take regarding these allegations, and whether there had ever been sexual harassment allegations filed with the City's Affirmative Action Office. Juanita Scott, 1734 West Virginia, San Bernardino, CA, stated that during her tenure as the City's former Affirmative Action Officer, there were no sexual harassment charges filed with the Affirmative Action Office. Discussion continued regarding the issues, and a possible date to continue this matter. 12 5/23/94 Council Member Negrete amended his motion, seconded by Council Member Devlin, that Council Member Hernandez share the information he has with a Committee comprised of Council Members Curlin, Hernandez, and Devlin who would meet with Mayor Minor; and further that Mayor Minor check with the four law firms recommended by the League of California Cities for the purpose of seeking information on the following: one, can the Mayor and City Council meet in closed session and exclude the City Attorney from the closed session; two, information as to whether the Mayor and Council can discuss possible litigation in closed session; three, determine if there is a statute of limitations on filing sexual allegation charges, and are there any exceptions; four, seek advice on how to proceed from this point, and any other questions that may arise; and bring the matter back to the Mayor and Council at 9:00 a.m., on Wednesday, June 1, 1994, 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, Devlin, Pope-Ludlam. Nays: Council Member Oberhelman. Absent: Council Member Miller. Council Member Oberhelman changed his vote from negative to affirmative. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. AUTHORIZE USE - BOND IMPROVEMENT FUND SURPLUS TO CALL BONDS & REDUCE DEBT OBLIGATIONS OF RESIDENTS IN ASSESSMENT DISTRICT NO. 977A - CAJON & JUNE ACQUISITION DISTRICT - CONTINUED FROM MAY 16, 1994 (13) This is the time and place continued to authorize use of the Bond Improvement Fund surplus to call bonds and reduce the debt obligations of residents in Assessment District No. 977 A, the Cajon and June Acquisition District. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the Bond Improvement Fund surplus be used to call bonds and reduce the debt obligations of the residents in Assessment District No. 977A. AUTHORIZE USE - BOND IMPROVEMENT FUND SURPLUS TO CALL BONDS & REDUCE DEBT OBLIGATIONS OF RESIDENTS IN ASSESSMENT DISTRICT NO. 977B - CAJON & JUNE ACQUISITION DISTRICT - CONTINUED FROM MAY 16, 1994 (14) This is the time and place continued to authorize use of the Bond Improvement Fund surplus to call bonds and reduce the debt obligations of residents in Assessment District No. 977B, the Cajon and June Acquisition District. 13 5/23/94 Council Member Hernandez made a motion, seconded by Council Member Devlin, and unanimously carried, that the Bond Improvement Fund surplus be used to call bonds and reduce the debt obligations of the residents in Assessment District No. 977B. CITY ATTORNEY PENMAN EXCUSED At 2:44 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. FUNDING REQUEST - 4TH OF JULY COMMITTEE - $23,393 - 4TH OF JULY CELEBRATION AT SECCOMBE LAKE PARK - CONTINUED FROM MAY 16, 1994 - TAKEN IN CONJUNCTION WITH ITEM 15-B (1S-A) This is the time and place continued to consider a funding request from the 4th of July Committee for funding in the amount of $23,393 in Fiscal Year 1994/95 Fine Arts Fund to cover costs connected with the 1994 4th of July Celebration at Seccombe Lake Park. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the request from the 4th of July Committee for funding assistance in the amount of $23,393, to cover costs connected with the 1994 4th of July Celebration at Seccombe Lake Park, be approved from the 1994-95 Fine Arts Fund. Jeff Wright, P. O. Box 2341, San Bernardino, CA, stated that this event should be funded by corporate sponsors, not the City. Concern was expressed regarding encumbering Fiscal Year 1994/95 funds at a time when the Mayor and Council have not commenced a review of the proposed Fiscal Year 1994/95 budget, or adopted a Fiscal Year 1994/95 budget, and the commitments that have been made to the Inland Empire Symphony based on the prior partial funding action of the Mayor and Council. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam. Nays: Council Member Oberhelman. Absent: Council Member Miller. FUNDING REQUEST - PARKS & RECREATION CONCERT SERIES - $5,000 - RITES OF SPRING & INDIAN SUMMER CONCERTS - CONTINUED FROM MAY 16, 1994 - TAKEN IN CONJUNCTION WITH ITEM 15-A (IS-B) This is the time and place continued to consider a funding request from Parks, Recreation and Community Services for funding in the amount of $5,000 in Fiscal Year 1994/95 Pine Arts Fund to cover costs connected with the Rites of Spring and Indian Summer Concert series. 14 5/23/94 Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the request for funds in the amount of $5 ,000 for the Rites of Spring and the Indian Summer Concert Series, be approved from the 1994-95 Fine Arts Fund. The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam. Nays: Council Member Oberhelman. Absent: Council Member Miller. WAIVE FEES - GUADALUPE YOUTH LEAGUE - $240 - USE OF GUADALUPE FIELD & FACILITIES - CONTINUED FROM MAY 16,1994 (16) This is the time and place continued to consider a request from the Guadalupe Youth League for a waiver of fees in the amount of $240 for use of the Guadalupe field and facilities. Jeff Wright, P. O. Box 2341, San Bernardino, CA, stated his support for this action. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the request to waive fees for use of Guadalupe field and facilities by Guadalupe Youth League in the amount of $240, be approved. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 2:57 p.m., Council Member Pope-Ludlam left the Council meeting. RES. 94-123 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA OIL RECYCLING ENHANCEMENT ACT (ACT) (STATUTES OF 1991, CHAPTER 817) FOR THE FOLLOWING PROJECT: USED OIL COLLECTION AND RECYCLING USING RETROFITTED SOLID WASTE COLLECTION VEHICLES AND A CENTRAL HOLDING/TESTING FACILITY. (Continued from May 16, 1994) (17) City Clerk Rachel Clark read the title of said resolution. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that further reading of said resolution be waived; and that said resolution be adopted. Jeff Wright, P. O. Box 2341, San Bernardino, CA, stated his support for this recycling effort. Resolution No. 94-123 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin. Nays: None. Absent: Council Members Pope-Ludlam, Miller. 15 5/23/94 PAINT TRAFFIC LINE STRIPES & PAVEMENT MARKINGS - AUTHORIZE TRANSFER OF FUNDS & ADVERTISEMENT FOR BIDS - CONTINUED FROM MAY 16, 1994 (18) This is the time and place continued to authorize the transfer of funds and advertisement for bids for the painting of traffic line stripes and pavement markings. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the transfer of $14,000 from Account No. 001-307-52020, "Salaries, Permanent/Full Time," to Account No. 001-307-53150, "Professional/Contractual Services," be approved; that the plans for painting traffic line stripes and pavement markings, in accordance with Plan No. 9068, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. COUNCIL MEMBER POPE-LUDLAM RETURNED At 3:01 p.m., Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. WIDEN SECTIONS OF MILL STREET & RlALTO AVENUE TO MATCH ADJOINING SECTIONS - APPROVE PLANS & ADVERTISE FOR BIDS - CONTINUED FROM MAY 16, 1994 (19) This is the time and place continued to approve plans and authorize the advertisement for bids to widen sections of Mill Street and Rialto Avenue to match adjoining street sections. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for widening Mill Street, north side, east of "D" Street, and RiaIto Avenue, south side, west of "E" Street, to match adjoining sections, in accordance with Plan No. 8903, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 94-124 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AND SETTING A FAIR MARKET VALUE AND SALES PRICE OF $500.00 AND AUTHORIZING AND DIRECTING THE EXECUTION OF A GRANT DEED CONVEYING THAT CERTAIN SURPLUS RIGHT-OF-WAY LOCATED NORTH OF HIGHLAND AVENUE AND WEST OF THE NEW STATE HIGHWAY 330, IN THE CITY OF SAN BERNARDINO, TO RALPH AND NANCY MONGE. (Continued from May 16, 1994) (20) City Clerk Rachel Clark read the title of said resolution. Council Member Oberhelman made a motion, seconded by Council Member Pope- Ludlam, that further reading of said resolution be waived; and that said resolution be adopted. 16 5/23/94 Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern regarding the sale price of this right-of-way. City Administrator Shauna Clark explained that the sale price had been established by an independent appraiser as the fair market value. Resolution No. 94-124 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: None. Absent: Council Member Miller. PROPOSED FISCAL YEAR 1994/95 BUDGET REVIEW - SELECT DATES- CONTINUED FROM MAY 16, 1994 (22) This is the time and place continued to select the dates for review of the proposed Fiscal Year 1994/95 budget. Shauna Clark, City Administrator, recommended that the Mayor and Council select four dates, for approximately four hours each, from 8:00 a.m. to 12 noon, on which to review the proposed Fiscal Year 1994/95 budget. Discussion ensued regarding which dates to select for a review of the proposed Fiscal Year 1994/95 budget. Council Member Hernandez made a motion, seconded by Council Member Curlin, and unanimously carried, that Wednesday, June 15, Friday, June 24, and Tuesday, June 28, 1994, be selected as dates for Mayor and Council review of the City's proposed Fiscal Year 1994/95 budget, from 8:00 a.m. to 12 noon, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. HIRING OF OUTSIDE COUNSEL (23) In a memorandum dated May 18, 1994, Council Member Hernandez requested that the Mayor and Council discuss and take possible action to hire outside counsel to challenge, in court, Section 55 of the City Charter pertaining to the City Attorney representation of the Mayor and Council and all City officers. In a memorandum dated May 23, 1994, Senior Assistant City Attorney Barlow stated that in reviewing City Charter Section 55, City Attorney legal opinions, and several court decisions, it has been determined that the City Attorney has the responsibility, and must provide, all the legal duties of the City; and that the Mayor and Council may not employ, nor authorize an individual department to employ, independent legal assistance when the City Attorney is ready, willing and able to provide the service. 17 5/23/94 Discussion ensued regarding the Charter and Municipal Code provisions for hiring of outside counsel which places the City Attorney in the position of providing the Mayor and Council with legal advice, and also the conflicting role of prosecuting the Mayor and Council when necessary. Senior Assistant City Attorney Barlow stated that any motion to hire outside counsel would be illegal when the City Attorney's Office is ready, willing and able to provide legal counsel to the Mayor and Council. Council Member Curlin made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be continued to June 20, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ADJOURNMENT (24) At 3:27 p.m., the meeting was adjourned to 9:00 a.m., Wednesday, June 1, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk I/~,/ By / '-U:(c:i!/?L~ Melanie Vale Deputy City Clerk .~/ / ?0~L No. of Items: 25 No. of Hours: 6 18 5/23/94