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HomeMy WebLinkAbout10-17-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 17, 1994 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Minor at 8:02 a.m., Monday, October 17, 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, Miller; Senior Assistant City Attorney Morillo; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. RECESS MEETING - CLOSED SESSION At 8: 02 a. m., the Mayor and Common Council and Development Commission recessed to closed session following: (1) Community for the 1. Pursuant to Government Code Sections: (A) Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): 1. Peer vs. County of San Bernardino, et al San Bernardino Superior Court Case No. SCV 270179. (B) Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to Government Code Section 54956.9(b): two potential cases. CLOSED SESSION At 8:02 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, Curlin, Hernandez, Oberhelman, Devlin, Miller; Senior Assistant City Attorney Morillo; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. 1 10-17-94 Also present: Senior Deputy City Attorney Simmons, Deputy City Attorney Rhemrev, and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office; Al Boughey, Director, Planning and Building Services; Bernard Kersey, General Manager, Water Department. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 8:07 a.m., Council Member Pope-Ludlam arrived at the closed session. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Hartzel read the titles of all the resolutions and ordinances on the regular, supplemental, addendum to the supplemental and Community Development Commission agendas while the Council was in closed session. DEPUTY CITY ATTORNEY RHEMREV EXCUSED At 8:31 a.m., Deputy City Attorney Rhemrev left the closed session. ADJOURN CLOSED SESSION At 8:33 a.m., the closed session the Council Chambers of City Hall, Bernardino, California. adjourned until 9:00 a.m., in 300 North "D" Street, San RECONVENE MEETING At 9:02 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino 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 Curlin, Hernandez, Oberhelman, Devlin, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Members Negrete, Pope-Ludlam. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Hernandez. COUNCIL MEMBER CURLIN EXCUSED At 9:03 a.m., Council Member Curlin left the Council meeting. 2 10-17-94 APPOINTMENTS - LIBRARY BOARD - HANDICAPPED ACCESSIBILITY APPEALS BOARD - MAYOR MINOR (2&81) In memoranda dated October 3 and 10, 1994, respectively, Mayor Minor recommended the following appointments: Mary Jo Poindexter, 2030 Foothill Drive, San Bernardino, CA, to the Library Board; and Robert "Bob" Miller, 27154 Nona Court, Highland, CA; Timothy Wilson, 963 Sarazen Street, Hemet, CA; Maria Lootens, 235 E. Edgehill Road, San Bernardino, CA; Robert Cooley, 4040 E. Piedmont, #237, Highland, CA; Antonio "Tony" Chavez, 366 East Heather Street, Rialto, CA; and as an alternate, Sonya Vigil, 31140 Nice Avenue, Mentone, CA, to the Handicapped Accessibility Appeals Board. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the following appointments be approved: Mary Jo poindexter to the Library Board; and Tony Chavez, Robert Cooley, Maria Lootens, Bob Miller, Tim Wilson, and Sonya Vigil, as an alternate, to the Handicapped Accessibility Appeals Board, as requested by Mayor Minor. Mary Jo Bob Miller, appointment. Poindexter, Tony Chavez, Robert Cooley, Maria Lootens, and Tim Wilson accepted their certificates of COUNCIL MEMBER CURLIN RETURNED At 9:04 a.m., Council Member Curlin returned to the Council meeting and took his place at the council table. COUNCIL MEMBER NEGRETE ARRIVED At 9:06 a.m., Council Member Negrete arrived at the Council meeting and took his place at the council table. COMMENDATION - HELEN BOGATIN - TELEVISION PROGRAM SENIOR TIME CHANNEL 3 (2A) Frank Keller, Director of Telecommunications, presented a plaque to Helen Bogatin in recognition of her outstanding work as co-host of the Senior Time Channel 3 television program. PRESENTATION - INLAND EMPIRE SYMPHONY (2B) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution of support for the Inland Empire Symphony as it opens its 65th season. Dr. Irving Root, President of the Inland Empire Symphony, 362 W. Court Street, San Bernardino, CA, accepted the resolution on behalf of the Symphony and expressed his personal appreciation for the recognition and support provided by the Mayor and Council. 3 10-17-94 PROCLAMATION - MAKE A DIFFERENCE DAY - OCTOBER 22, 1994 - USA WEEKEND (2C) J. Lorraine Velarde, Executive Assistant to the Mayor, read a resolution proclaiming October 22, 1994, as "Make a Difference Day", a national day of volunteering; and commending USA Weekend for sponsoring this event and urging all citizens to join their families, neighbors and churches in an activity that would make a difference. Ms. Kay Kelley, Executive Director, Volunteer Center of the Inland Empire, accepted the proclamation on behalf of the Board of Directors of the Volunteer Center. PRESENTATION - CUSTOMER RELATIONS TRAINING AWARD TO THE CITY (2D) David Cates, vice President of Client Services, American Society for Training and Development, P.O. Box 2307, Redlands, CA, presented Mayor Minor with a plaque awarded to the City for recent Customer Relations Training coordinated by the Affirmative Action Office. SERVICE PIN AWARD CEREMONY (2E) J. Lorraine Velarde, Executive Assistant to the Mayor, read the following list of employees receiving service pin awards for the month of October, 1994: Name phil Arvizo patricio Sanchez Gregory Gubman James Clark Brandina Rigsby Ricardo Riley Robert Coulter Charles Greene Sherry Bradbury Kenneth Boyd Consuelo Marquez George Finkle Joseph Martinez Bernice Klemm Daniel Thomas patricia Aston Karin Perrier Department Years of Service Council Office Facilities Management Planning Department Planning Department Police Police Police Police Police Police Police Police Public Services Public Services Public Services Public Works San Bernardino Employment & Training Agency 10 year pin 15 year pin 5 year pin 15 year pin 5 year pin 5 year pin 10 year pin 10 year pin 10 year pin 10 year pin 15 year pin 30 year pin 15 year pin 20 year pin 20 year pin 10 year pin 5 year pin 4 10-17-94 Each employee received a service pin from Mayor Minor and his/her respective department head, in gratitude of his/her many years of dedicated service to the City. COUNCIL MEMBER At 9:14 a.m., Council meeting and POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at took her place at the council table. the WAIVE FULL READING OF RESOLUTIONS AND ORDINANCES (5) 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, supplemental, addendum to supplemental and Community Development Commission agendas, be waived. RES. 94-317 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR IMPLEMENTATION OF AN 800 MEGAHERTZ (MHZ) RADIO COMMUNICATIONS SYSTEM FOR THE CITY OF SAN BERNARDINO. (6A) RES. 94-318 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO INLAND OVERHEAD DOOR COMPANY FOR THE FURNISHING AND DELIVERY OF FIRE DEPARTMENT ELECTRONIC OVERHEAD DOOR CONTROLS. (6B) RES. 94-319 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO TX/RX SYSTEMS, INCORPORATED FOR THE FURNISHING AND DELIVERY OF BI-DIRECTIONAL AMPLIFIERS. (6C) RES. 94-320 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO WESTERN MULTIPLEX FOR THE FURNISHING AND DELIVERY OF 800 MHZ MICROWAVE EQUIPMENT. (6D) RES. 94-321 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO BALL/EFRATOM CORPORATION FOR THE FURNISHING AND DELIVERY OF 800 MHZ CESIUM AND RHIBIDIUM FREQUENCY STANDARDS. (6E) RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO CARRIGAN ENTERPRISES FOR THE FURNISHING AND DELIVERY OF FIRE DEPARTMENT AUDIO SUPPORT ELECTRONIC EQUIPMENT. (Discussed later in the meeting) (See page 22) (6F) Note: Due to eounci1 action taken later in the meeting to table the item, no resolution number was assigned to this item. 5 10-17-94 RES. 94-322 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO TALLEY ELECTRONICS FOR THE FURNISHING AND DELIVERY OF 800 MHZ COMMUNICATIONS SYSTEM EQUIPMENT. (6G) RES. 94-323 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO MOTOROLA FOR THE FURNISHING AND DELIVERY OF 800 MHZ RADIO BACKBONE EQUIPMENT, MOSCAD, AND MOBILE DATA EQUIPMENT. (6H) RES. 94-324 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO PRC PUBLIC SECTOR, INC., FOR IMPLEMENTING MOBILE DATA TERMINAL SYSTEM AND MOSCAD ALERTING SYSTEM INTERFACE TO CAD SYSTEM. (61) RES. 94-325 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A LEASE/PURCHASE EQUIPMENT AGREEMENT WITH SMITH/MITCHELL LEASING SERVICES GROUP, LTD. FOR THE LEASE/PURCHASE FINANCING OF THE 800 MHZ TRUNKED RADIO COMMUNICATIONS SYSTEM INCLUDING RADIO BACKBONE SYSTEM AND MOBILE DATA TERMINALS. (6J) City Administrator Shauna Clark announced that the interest rate on the Smith/Mitchell Leasing Services Group, Ltd. Lease/ Purchase Equipment Agreement, Item 6J, had increased from 6.3 percent to 6.69 percent. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that a contingency fund, in an amount not to exceed $49,500 be established; that the City Administrator be authorized to award and execute all contracts and any other documents associated with the project and to administer and execute change orders limited to the amount of the contingency; and that said resolutions be adopted (Items A, B, C, D, E, G, H, I, J only) . Resolution Nos. 94-317, 94-318, 94-319, 94-320, 94-321, 94- 322, 94-323, 94-324 and 94-325 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, pope-Ludlam, Miller. Nays: None. Absent: None. RES. 94-326 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR IMPLEMENTATION OF AN 800 MHZ MOBILE DATA TERMINAL MAINTENANCE SERVICES AGREEMENT FOR THE CITY OF SAN BERNARDINO. (6K) RES. 94-327 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND KENYON D. CRABTREE, CONSULTANT, DOING BUSINESS AS THE COMMUNICATIONS GROUP, FOR SERVICES RELATING TO THE FINAL PHASE OF THE 800 MHZ TRUNKED VOICE COMMUNICATIONS SYSTEM PROJECT. (6L) 6 10-17-94 Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 94-326 and 94-327 following vote: Ayes: Negrete, Curlin, Devlin, Pope-Ludlam, Miller. Nays: None. were adopted by the Hernandez, Oberhelman, Absent: None. CLAIMS AND PAYROLL (8) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated October 6, 1994, from the Director of Finance, be approved. Res. 94-328 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE FAIR MARKET VALUE OF STREET AND HIGHWAY EASEMENTS AT THE NORTHWEST CORNER OF TIPPECANOE AVENUE AND 2ND STREET AND THE NORTHWEST CORNER OF TIPPECANOE AVENUE AND RIALTO AVENUE AND DETERMINING THAT AN APPRAISAL IS NOT NECESSARY. (11) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 94-328 was adopted by the following vote: Ayes: Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. CITY ATTORNEY PENMAN EXCUSED At 9:20 a.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Roth. PUBLIC COMMENTS - JOHN STEVENS (4) John Stevens, 4097 N. Pershing, San Bernardino, CA, spoke regarding the need to inform personnel working on the excavation at the former Norton Air Force Base that they risk exposure to high levels of radiation; and that a health assessment has not been conducted, although an assessment is scheduled to be conducted in the Fall of 1995. PUBLIC COMMENTS - JEFF WRIGHT (4B) Jeff Wright, P.O. Box 2341, San Bernardino, CA, stated he was disturbed by the way the public has been treated and interrupted when speaking at the podium during public meetings; at times being removed from the meetings. PUBLIC COMMENTS - TOM PARRISH (4e) Tom Parrish, Stubblefield Construction, 2258 Bradford Avenue, 7 10-17-94 San Bernardino, CA, asked for assistance from the City with traffic control on piedmont Drive. He stated that although the street is paved, there are a few barricades in place which some residents drive through creating a dangerous situation at the park further up the road. He requested that Public Works erect different barricades, and Stubblefield will work as quickly as possible to open the street. Another area of concern is the north end of the west access road; now that the fire trail is cleared it's open to off-road vehicles, which is a disturbance to residents. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3) Council Member Curlin expressed his pleasure at seeing The Sun newspaper redress an error it had made regarding himself and Mr. Alan Steward giving him campaign contributions. On October 5, a retraction was printed, stating that Mr. Steward did not contribute to the campaign of Council Member Curlin. Council Member Curlin expressed appreciation to The Sun for this retraction and correction. ANNOUNCEMENT - COUNCIL MEMBER DEVLIN (3A) Council Member Devlin wished a "Happy Birthday" to his youngest daughter, Kathleen. ANNOUNCEMENT - CITY CLERK RACHEL CLARK (3B) City Clerk Rachel Clark expressed appreciation to City employees who participated in the Juvenile Diabetes Foundation Walkathon on Saturday, October 15, 1994. The City's team raised nearly one thousand dollars for this worthy cause. RES. 94-329 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR PARTICIPATION IN THE SAN BERNARDINO COUNTY SHERIFF DEPARTMENT'S PRISONER WORK RELEASE PROGRAM. (7) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 94-329 was adopted by the following vote: Ayes: Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. PERSONNEL ACTIONS - DISCUSSED LATER IN THE MEETING - SEE PAGE 24 (9) Discussion ensued regarding the reason an employee would be working in a higher classification, and yet not be promoted; and the transfer and reclassification of a Park Maintenance Worker III. 8 10-17-94 City Administrator Shauna Clark stated that a position cannot be filled by promotion or recruitment when it is held by an employee who is off work for reasons such as maternity leave or injury. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated October 6, 1994, in accordance with Civil Service Rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified; except that the position of Park Maintenance Worker III, Item No. 9 on the Personnel Action list, be postponed to later in the meeting. COUNCIL MEMBER At 9: 36 a. m. , meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council RES. 94-330 - A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 981 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT FOR THE MAINTENANCE OF LANDSCAPING IN THE AREA OF MERIDIAN AND RANDALL AVENUES; ORDERING THE AMENDMENT AND EXPANSION OF THE DISTRICT AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (10) Jeff Wright, clarification of Investigation and P.O. Box 2341, San Bernardino, CA, asked for the statement that the Special Assessment, Limitation Act of 1931 would not apply. Roger Hardgrave, Director of Public Works/City Engineer, explained that the 1931 Limitation Act was imposed to ensure that the total assessments on anyone parcel did not exceed 50 percent of its appraised value. Since a landscape assessment is a very low assessment and would not approach the 50 percent value of the lot, the 1931 Limitation Act was waived. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Ayes: Nays: Resolution No. 94-330 was adopted by the Negrete, Curlin, Hernandez, Oberhelman, None. Absent: Pope-Ludlam. following vote: Devlin, Miller. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION C OF SECTION 8.90.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE LONG-TERM LEASE EXCEPTION TO THE MOBILE HOME PARK RENT STABILIZATION ORDINANCE. (eontinued from October 3, 1994) First (14) 9 10-17-94 Discussion ensued regarding the proposed ordinance and its effect on the negotiations and agreement between the owners and residents of Mountain Shadows Mobile Home Park. Jerry Butler, Mobilehome Board Coordinator, Economic Development Agency, stated that a group of 20-30 people in the mobile home park had been meeting regularly to discuss changes to their leases, and it was the consensus of opinion that the changes were to the advantage of the homeowners. Mel Poer, 4400 E. piedmont Drive, San Bernardino, CA, chairman of the Homeowners Association, urged approval of the proposed ordinance. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that said ordinance be laid over for final adoption. COUNCIL MEMBER At 9: 49 a. m. , Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.72 RELATING TO SMOKING. Final (15) Deputy City Attorney Roth explained that the ordinance now in effect prohibits smoking; and that tabling this proposed ordinance would ensure that the more restrictive non-smoking ordinance would remain in effect. Council Member Curlin made a motion, seconded by Council Member Hernandez, that the matter be tabled. The motion carried by the Curlin, Hernandez, Pope-Ludlam. Absent: None. following vote: Ayes: Negrete, Nays: Oberhelman, Devlin, Miller. RECESS MEETING At 9:52 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10:01 a.m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino 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, Miller; Deputy City Attorney Roth; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: None. 10 10-17-94 PUBLIC HEARING - RENTAL HOUSING INSPECTION PROGRAM (12) This is the time and place set for a public hearing to consider establishing an inspection fee for residential rental properties located within the City of San Bernardino. In a memorandum dated October 5, 1994, City Administrator Shauna Clark recommended that the public hearing and the resolution establishing the inspection fee be continued to November 7, 1994; and that further reading of the ordinance be waived and said ordinance be laid over for final adoption. Mayor Minor opened the hearing. City Administrator Shauna Clark stated that with one small change, the Council was requested to give a first reading to the ordinance establishing a residential rental inspection program and to continue the public hearing and the resolution setting fees for two weeks. She noted that at a previous meeting, Council had selected a rental inspection plan which required an inspection of each rental unit on an annual basis and called for a flat fee of $75 per single-family unit and a graduated fee for multi-family units. However, after further discussion, it was agreed the fee should be adjusted, or a credit given to those homeowners who maintain their properties to City standards and do not require a full inspection. Therefore, the original recommendation had been adjusted to establish a credit. Property owners would pay for a business license and at the same time pay the inspection fee of $75. A drive-by visual inspection would be conducted by the Housing Division of the Planning & Building Services Department. If the initial drive-by inspection revealed a well-maintained exterior, no interior inspection would be required. A notice of compliance would be sent to the City Clerk's Office, and a $50 credit would be applied to the next year's inspection fee. On multi-family units, owners would receive a 50 percent credit of their initial fee. David Schulze, Vice President, San Bernardino Valley Association of Realtors, 1798 N. "D" Street, San Bernardino, CA, stated his organization does not oppose code enforcement; in fact, they support it. However, they are concerned with those who choose to ignore their responsibility and believe they should be the ones to pay the costs. He also expressed concern with the language contained in the ordinance. He stated that he had not received an answer to his let ter of October 13 addressing some of these concerns, and requested this matter be continued for two weeks to allow for further examination. James Wirth, 1980 N. Sierra Way, San Bernardino, CA, spoke in support of the rental inspection program, stating there is broad- based support by people throughout the City of San Bernardino. 11 10-17-94 Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed concern about the method of implementation. Evelyn Kinney, 2048 E. 18th Street, San Bernardino, CA, expressed interest in how the rental inspection program would be conducted. She stated that responsible people with one or two rentals would be penalized, while the large apartment complexes would still have unresolved problems. Discussion ensued regarding how many rental units exist within the City, the legal and monetary ramifications of initiating a rental inspection program, equity in application of the fee, and the fact that it is a long-term program which would not show immediate results. In a memorandum dated October 14, 1994, addressed to Council Member Devlin, City Administrator Shauna Clark stated she had been unable to attend the October 13 meeting with David Schulze, but had prepared a written response to his letter. In response to suggestions that the fees to administer the rental inspection program should come from the business license fee, City Administrator Shauna Clark pointed out that the business license fee is actually a tax, and by law taxes go into the General Fund. She added that the business license tax cannot be designated solely to code enforcement since there are many other services provided to rental units such as police, fire, street maintenance; and indirectly parks, recreation and library. She added that if all conceivable income generated from rental units was considered, it would still not be enough to cover the services they receive. She noted that owning rental property involves a responsibility, as these properties do create an impact on City services. Therefore, the owners must pay fees and taxes associated with these services. Revenue from business licenses could triple and there would still not be enough money to cover the cost of providing services to these properties. Concern was expressed about the legality of the business license tax when an individual owns one single-family rental. It was noted that the City Attorney had stated that the City may be challenged if they initiate this program. Deputy City Attorney Roth stated that the City Attorney's office would support the City if there is a challenge; they are trying to address a problem before it occurs. She also noted that tenants' permission must be obtained when it involves entering an occupied property. Senior Assistant City Attorney Barlow approached the podium and stated that the City Attorney's office is not opposed to the program. 12 10-17-94 Also discussed was the proposed tenant screening process and privacy considerations. It was noted that this information would be given to the Police Department only. Mayor Minor expressed support of the ordinance as an innovative way to combat crime. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AN INSPECTION FEE FOR RESIDENTIAL RENTAL PROPERTIES LOCATED WITHIN THE CITY OF SAN BERNARDINO. (12) ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.25 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A RESIDENTIAL RENTAL INSPECTION PROGRAM. First (12) Council Member Hernandez made a motion, seconded by Council Member Miller, that the public hearing and the resolution establishing the inspection fee be continued to November 7, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA; and that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller. Nays: Pope-Ludlam. Absent: None. RES. 94-331 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND AMENDMENT TO LEASE BETWEEN THE CITY OF SAN BERNARDINO AND BOY'S CLUB OF SAN BERNARDINO. (SSB) RES. 94-332 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A SUBLEASE OF CERTAIN CITY PROPERTY LEASED TO THE BOYS CLUB. (S5A) Mayor Minor expressed support of the Boys Club and its programs, but stated he had requested a plan from the Boys Club to address the reduction of the past due refuse bill. To date nothing had been received. He stated that the City has assisted the Boys Club to continue in operation by contributing approximately $20,000 to pay on past due electric and water bills. Mayor Minor expressed sympathy regarding the Boys Club's monetary difficulties; however, he had requested that 10 percent of the money received from the proposed sublease of property goes to the reduction of the refuse bill. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that said resolutions be adopted, for discussion purposes only. (Note: There was no vote taken.) 13 10-17-94 Discussion ensued regarding the contribution the Boys Club makes to the children of the City, their debt, and the need for nonprofit organizations to meet their financial obligations. J. Lorraine Velarde, Executive Assistant to the Mayor, explained that the resolutions are two separate matters. The first resolution, Item S5A, allows the Boys Club to sublease part of the building they now occupy to San Bernardino County for the operation of a Headstart Program. The second resolution, Item S5B, involves some park land which is to be fenced as part of the Headstart Program. This is City park land and a lease arrangement between the Boys Club and the City is necessary to allow this park land to be incorporated into the sublease agreement. (It was noted at this time that Item S5B, as shown on the supplemental agenda, actually needed to be adopted prior to Item S5A.) Hardy Brown, President, Board of Directors of the Boys and Girls Club, 1180 West 9th Street, San Bernardino, CA, stated they were asking for the Council's concurrence to sublease a portion of the building to San Bernardino County for operation of a Headstart Program. He stated that once the lease agreement is signed, he is willing to work with the City to clear up their obligations. He stated that giving the City 10 percent off the top would hamper their efforts to work out their financial plan. Jerry Herndon, Executive Director of the Boys and Girls Club, 1180 West 9th Street, San Bernardino, CA, stated he had been working with Mayor Minor; J. Lorraine Velarde, Executive Assistant to the Mayor; and the Refuse Department to secure the dumpster to eliminate public dumping and to reduce the organization's trash collection costs. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that said resolutions be adopted. Further discussion ensued, and it was noted that the Boys Club was not adverse to giving the City 10 percent of the sublease amount, but rather to the control over the Boys Club by the steering committee, as outlined in the Second Amendment to Lease. Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, that Item S5B be adopted as amended by interlineation; amending Section 3 of the Second Amendment to Lease to reflect changes to Section 10. c. of the original lease as follows: "Ten percent (10%) of any income from any assignment or sublease shall be applied to delinquent debts of Boys Club owed to the City. n; and deletion of the Steering Committee from Section 10.c. of the lease only. Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, that Item S5A be adopted as submitted. 14 10-17-94 Resolution Nos. 94-331 and 94-332 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: None. RECESS MEETING At 11:29 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 11:38 a.m., Mayor Pro Tern Hernandez reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission 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 Pro Tem Hernandez; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow; Attorney Charles Green; Economic Development Agency Administrator Timothy Steinhaus; City Clerk Rachel Clark. Absent: None. Mayor Pro Tern Hernandez noted that the Mayor and Common Council and Community Development Commission meeting had been called to order jointly; therefore, there would not be a second public comment period. Jeff Wright, P.O. Box 2341, San Bernardino, CA, protested this action, stating the public had not been given sufficient notice of this change in practice. MAYOR MINOR RETURNED At 11:44 a.m., Mayor Minor returned to the Council meeting and took his place at the council table. RES. 94-333 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING THE EXECUTION OF CONSENT TO ASSIGNMENT OF SUBLESSEE'S RIGHTS UNDER CONVENTION CENTER SUBLEASE AND OPERATING AGREEMENT. (RABWEH-ARK SERVICES) (R5B) RES. 94-334 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING EXECUTION OF CONSENT TO TRANSFER OF REAL PROPERTY INTEREST AND RIGHTS UNDER OWNER PARTICIPATION AGREEMENT AND TO HOTEL LEASE AGREEMENT, AND EXECUTION OF ASSUMPTION AGREEMENT RELATING TO HOTEL PROPERTY. (RABWEH-ARK SERVICES) (R5B) 15 10-17-94 RES. 94-335 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING THE EXECUTION OF CONSENT TO ASSIGNMENT OF SUBLESSEE'S RIGHTS UNDER CONVENTION CENTER SUBLEASE AND OPERATING AGREEMENT, AND ESTOPPEL CERTIFICATE. (FOSTER- KHOURY) (R5B) RES. 94-336 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING THE ISSUANCE OF CERTIFICATE OF COMPLIANCE, AND EXECUTION OF CONSENT TO TRANSFER OF REAL PROPERTY INTEREST AND RIGHTS UNDER OWNER PARTICIPATION AGREEMENT, ASSUMPTION AGREEMENT RELATING TO HOTEL PROPERTY AND ESTOPPEL CERTIFICATE. (FOSTER-KHOURY) (RSB) Jeff Wright, P.O. Box 2341, San Bernardino, CA, requested clarification of the requested action. Attorney Charles Green explained that the Radisson Hotel is being sold and all requested action is subject to the approval of the Bankruptcy Court. Evelyn Kinney, 2048 E. 18th Street, San Bernardino, CA, expressed concern over the amount of money the City had lost over this hotel, and who would own the parking structure if the sale is completed. Council Member Curlin made a motion, seconded by Council Member Miller, that said resolutions be adopted regarding the transfer of real property interest and rights under Owner Participation Agreement and Convention Center Sublease and Operating Agreement relating to the Radisson Hotel property from Maruko to Foster-Khoury International, Inc., and from Foster-Khoury International, Inc., to an affiliate of Northwest Lodging, Inc. The motion carried and Resolution Nos. 94-333, 94-334, 94-335 and 94-336 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope- Ludlam, Miller. Nays: None. Absent: None. RECESS MEETING At 11: 59 a. m., the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino recessed to a luncheon workshop in the Management Information Center, MIC Room, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, to discuss the State Congestion Management Program (CMP) and its impact on the City. RECONVENE MEETING - LUNCHEON WORKSHOP At 12:19 p.m., the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino reconvened in the Management Information Center, MIC 16 10-17-94 Room, Sixth Floor, 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, Devlin, Pope-Ludlam, Miller; Deputy City Attorney Empeno; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Oberhelman. Also present: Fred Wilson, Assistant City Administrator; Deputy City Attorney Rhemrev; Timothy Steinhaus, Economic Development Agency Administrator; Ty Schuiling, Director of Comprehensive Planning, San Bernardino Associated Governments; Al Boughey, Director of Planning & Building Services; Roger Hardgrave, Director of Public Works/City Engineer and Gene Klatt, Assistant City Engineer. LUNCHEON WORKSHOP SUPERBLOCK PROJECT CONGESTION MANAGEMENT PLAN (18) Roger Hardgrave, Director of Public Works/City Engineer, presented a brief overview of the Congestion Management Program. Gene Klatt, Assistant City Engineer, explained that the Congestion Management Program (CMP) was established by the State of California in 1989; and in 1990 was approved as part of Proposition 111, which mandated preparation of a Congestion Management Plan in urbanized counties. The plan would provide a uniform method of assessment when any jurisdiction has a major project which would impact traffic congestion in neighboring jurisdictions. San Bernardino Associated Governments (SANBAG) was designated as the Congestion Management Agency for San Bernardino County and administers the plan. The plan is based on a network of streets and highways, including freeways; and once a street is added to the network, it cannot be removed. The concept is to alleviate traffic congestion and allow policy makers to be aware of the future impact their decisions will have on traffic. At the time a development is proposed, the obligation of paying for future roadway expansion must be addressed. Ways to do this are to set up new fee systems, make the developers pay, make all citizens pay, or lobby extensively to change the law. In the case of the Superblock and the proposed baseball stadium, the City is the developer. Money must be pledged or set aside for future roadway development. When this involves freeways, the cost can be in the millions. Due to the recent economic slump, none of the City's projects have been of a size to require a Traffic Impact Analysis (TIA). 17 10-17-94 Therefore, the Superblock project will mandate the first TIA in the City. Also, if the developer knows of other upcoming projects, they must be included in the TIA. Ty Schuiling, Director of Comprehensive Planning, San Bernardino Associated Governments, 472 N. Arrowhead Avenue, San Bernardino, CA, stated that the Congestion Management Program places responsibility for all existing development and the impact of all new development on local government; and no exemption is given, even if the local agency is a project proponent, as in the case of the Superblock. Land use by people is what creates traffic; this forces local agencies to consider transportation impacts of their land use decisions. COUNCIL MEMBER MILLER EXCUSED At 12:31 p.m., Council Member Miller left the luncheon workshop. COUNCIL MEMBER OBERHELMAN ARRIVED At 12: 31 p.m., Council Member Oberhelman arrived at the luncheon workshop. Discussion continued regarding the City's role in the Congestion Management Program and the fact that noncompliance could mean the loss of gas tax dollars. There was no action taken on this matter during this meeting. RECESS MEETING - CLOSED SESSION (1) At 12:50 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: 1. Pursuant to Government Code Sections: (A) Conference with legal counsel existing litigation pursuant to Government Code Section 54956.9(a): 1. Peer vs. County of San Bernardino, et al San Bernardino Superior Court Case No. SCV 270179. (B) Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to Government Code Section 54956.9(b): two potential cases. CLOSED SESSION At 12:50 p.m., Mayor Minor called the closed session to order in the Management Information Center, MIC Room, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. 18 10-17-94 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; City Administrator Shauna Clark. Absent: Council Member Miller. ADJOURN CLOSED SESSION At 1:29 p.m., the closed session adjourned until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2: 03 p. m., Mayor Minor reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino 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 Curlin, Hernandez, Oberhelman, Devlin, Miller; Deputy City Attorney Empeno; Al Boughey, Director of Planning & Building Services; City Clerk Rachel Clark. Absent: Council Members Negrete, Pope-Ludlam. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 93-15 - UPGRADE ALCOHOL BEVERAGE CONTROL (ABC) LICENSES - CERTAIN CONDITIONS IN COMMERCIAL NEIGHBORHOOD, CN, LAND USE DESIGNATION - RECONSIDER CONDITIONAL USE PERMIT NO. 93 - 01 UPGRADE AN ALCOHOL BEVERAGE CONTROL (ABC) LICENSE EXISTING CONVENIENCE STORE - 484 S. RANCHO AVENUE (19) This is the time and place set for a public hearing to consider Development Code Amendment No. 93 -15, to permit the upgrade of Alcohol Beverage Control (ABC) licenses under certain conditions in the CN, Commercial Neighborhood, land use designation and to reconsider Conditional Use Permit No. 93-01, to permit an upgrade of an Alcohol Beverage Control (ABC) license at an existing convenience store located at 484 S. Rancho Avenue. In a memorandum dated October 12, 1994, Al Boughey, Director of Planning & Building Services, stated that at the Mayor and Common Council meeting of October 3, 1994, the Council had questioned why the proposed ordinance contained specific provisions pertaining to the upgrade of nonconforming Alcohol Beverage Control licenses at existing convenience stores; and voiced concerns related to similar situations in other areas of the City designated Commercial Neighborhood, CN. He noted that research revealed eleven existing convenience stores in the eight areas designated Commercial Neighborhood throughout the City. Seven of the convenience stores are adjacent to other jurisdictions; five of these already sell liquor, one sells beer and wine, and one has 19 10-17-94 neither. However, neither of the latter two fit all of the criteria proposed in the ordinance. The language that has been incorporated into the proposed ordinance pertaining to upgrading Alcohol Beverage Control licenses under certain conditions, provides more flexibility to the Mayor and Council without allowing for numerous, similar requests. Approval of the proposed ordinance would enable the Mayor and Council to reconsider approval of Conditional Use Permit No. 93-01. Mayor Minor opened the public hearing. Al Boughey, Director of Planning and Building Services, stated that the ordinance had been amended to delete the requirement for a written statement of non-opposition to the application for the Conditional Use Permit signed by all property owners. Also, in response to concerns expressed by the Council, he noted that the potential for a similar situation existing at other locations within the City is almost nonexistent. This provision would only apply when: 1) You have a convenience store in the CN district; 2) the location of the store would be on the boundary of the City; 3) the convenience store would be nonconforming in relation to its sale of alcohol; and 4) the sale of liquor must be allowed in the outside jurisdiction within 100 feet. The Planning staff is satisfied that no other situation presently exists where all of these provisions would apply. Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed concern over what he called "designer development codes" within the City and whether they are in the best interest of the City. COUNCIL MEMBERS NEGRETE & POPE-LUDLAM RETURNED At 2: 05 p. m., Council Members Negrete and Pope-Ludlam returned to the Council meeting and took their places at the council table. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06, SECTION 19.06.030(2)(B), OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO ALCOHOL BEVERAGE CONTROL "ABC" LICENSES. First (19) Council Member Oberhelman made a motion, Member Hernandez, and unanimously carried, closed. seconded by Council that the hearing be Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that the Mayor and Common Council adopt the negative declaration; that said ordinance be laid over for final adoption; and that Conditional Use Permit No. 93-01 be approved based on the findings of fact, Exhibit 2 contained in the staff report dated September 8, 1994, from Al Boughey, Director of Planning and Building Services, and subject to the conditions of approval. 20 10-17-94 The motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam. Nays: Council Members Devlin, Miller. Absent: None. Ali Yasin, 22975 Orangewood Court, Grand Terrace, CA, thanked the Mayor and Council for their approval of the Conditional Use Permit. PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED At 2:09 p.m., Planning & Building Services Director Boughey left the meeting and was replaced by City Administrator Shauna Clark. RES. 94-337 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PARKING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILLIAM AUSTIN COMPANY, BY THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY. (16) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 94-337 was approved Ayes: Council Members Negrete, Curlin, Devlin, Pope-Ludlam, Miller. Nays: None. by the following vote: Hernandez, Oberhelman, Absent: None. REMOVE CLASSIFICATION CITY MANAGEMENT/CONFIDENTIAL EMPLOYEE DISCUSSED LATER IN THE MEETING - ADMINISTRATOR FROM BARGAINING GROUP SEE PAGE 24 (17) In a memorandum dated October 6, 1994, Barbara Dillon, Director of Personnel, stated that on January 19, 1971, the Mayor and Common Council adopted Resolution No. 10584, "Uniform and Orderly Methods of Communications Between the City and Its Employees for the Purpose of Promoting Improved Employer-Employee Relations. " Sections 17.1 and 17.2 of said resolution list classifications under the headings, "Management Employees" and "Confidential Employees" respectively. The classification of City Administrator is listed under "Management Employees." When a Management/Confidential salary survey was conducted in 1991, the Mayor and Common Council designated the City Administrator to negotiate with the Management/Confidential employees on salary adjustments. Deleting the classification of City Administrator from the Management/Confidential Unit would eliminate conflict arising from the Ci~y Administrator bargaining on behalf of other unit members, as well as for his or her own wages. Prior to voting, the Council 10584, Sections 17.1 and 17.2, as a Council meeting packets. asked to read Resolution No. copy was not included in their 21 10-17-94 City Administrator Shauna Clark stated that Resolution No. 10584 establishes the City's procedures on employee and employer relations, meet and confer sessions, and how a formal bargaining unit is recognized. The resolution denotes classifications which would be included in the management employee bargaining group. The position of City Administrator is in that section. Council Member Hernandez made a motion, seconded by Council Member Miller, that the Personnel Director be directed to prepare an amendment to Resolution No. 10584, Sections 17.1 and 17.2, to delete the classification of City Administrator from the list of classifications included in this resolution, and to update the classifications listed under Section 17.1, "Management Employees," and Section 17.2, "Confidential Employees." (Note: There was no vote taken.) It was the consensus of the Mayor and Council to discuss this matter later in the meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO CARRIGAN ENTERPRISES FOR THE FURNISHING AND DELIVERY OF FIRE DEPARTMENT AUDIO SUPPORT ELECTRONIC EQUIPMENT. (Discussed earlier in the meeting) (See page 5) (6F) City Administrator Shauna Clark requested that Agenda Item 6F be reconsidered. In a memorandum dated October 17, 1994, Fred Wilson, Assistant City Administrator, stated that agenda Item 6F awarded a purchase order to Carrigan Enterprises for the furnishing and delivery of Fire Department audio support electronic equipment in the amount of $47,149. An informal bid process was followed. Since the City's purchasing ordinance requires a formal bid process for purchases of equipment which exceed $25,000 in value, it was recommended that this item be tabled in order to follow proper bidding procedures. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that said resolution, Item No. 6F, be reconsidered. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that said resolution, Item No. 6F, be tabled. RECESS MEETING At 2: 13 p. m., the Mayor and Common Council and Development Commission recessed to closed session following: (S2) Community for the 22 10-17-94 1. Pursuant to Government Code Section 54957: A. At the request of the Affirmative Action Officer PUBLIC EMPLOYEE APPOINTMENT Title: Maintenance Supervisor B. Conference with legal counsel - (anticipated litigation) : significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9: number of potential cases undetermined. CLOSED SESSION At 2:13 p.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, Curlin, Hernandez, Oberhelman, Devlin, Miller; Deputy City Attorney Roth; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: None. Also present: Deputy City Attorney Roth; J. Lorraine Velarde, Executive Assistant to the Mayor; and Ernest Wilson, Affirmative Action Officer, Mayor's Office. ADJOURN CLOSED SESSION At 2: 31 p. m., the closed session Chambers of City Hall, 300 North "D" California. adjourned to the Council Street, San Bernardino, RECONVENE MEETING At 2: 31 p. m., the Mayor and Common Council and Community Development Commission reconvened 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, Miller; Deputy City Attorney Roth; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: None. PERSONNEL ACTION - APPOINTMENT - ROBERT J. BATESON - PUBLIC WORKS/ENGINEERING - MAINTENANCE SUPERVISOR - RANGE 2385 - STEP 2 - $3,177/MONTH - CONTINUED FROM OCTOBER 3, 1994 (13) 23 10-17-94 This is the time appointment of Robert J. Public Works/Engineering month. and place continued Bateson as Maintenance Department, Range 2385, to consider Supervisor in Step 2, $3,177 the the per Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the appointment of Robert J. Bateson, Public Works/Engineering, as Maintenance Supervisor, Range 2385, Step 2, $3,177/month, be approved, effective October 24, 1994. The motion carried by the following vote: Members Oberhelman, Devlin, Pope-Ludlam, Miller. Members Negrete, Hernandez. Abstain: Council Absent: None. Ayes: Nays: Member Council Council Curlin. PERSONNEL ACTIONS - CONTINUED FROM EARLIER IN THE MEETING - SEE PAGE 8 (9) City Administrator Shauna Clark noted that Agenda Item 9, Personnel Actions, the position of Park Maintenance Worker III, was addressed by the Legislative Review Committee rather than the Personnel Committee. When the Legislative Review Committee reviewed how landscape contracts were being administered, it was agreed the Public Works Real Property Division would handle the landscape contracts under the assessment districts and Parks, Recreation & Community Services would handle all others. She then explained the rationale for the transfer, reclassification and upgrade of Adam Webb as submitted by the Chief Examiner in the Personnel Actions report dated October 6, 1994. Council Member Oberhelman made a motion, seconded by Council Member Miller, that Personnel Action, Classified General Fund Item No.9, Park Maintenance Worker III position, and the transfer and reclassification of Adam Webb as outlined in the personnel actions submitted by the Chief Examiner dated October 6, 1994, be approved. The mot ion Members Negrete, Council Member Absent: None. carried by the following vote: Oberhelman, Devlin, Pope-Ludlam, Hernandez. Abstain: Council Ayes: Miller. Member Council Nays: Curlin. REMOVE CLASSIFICATION OF CITY ADMINISTRATOR FROM MANAGEMENT/CONFIDENTIAL EMPLOYEE BARGAINING GROUP CONTINUED FROM EARLIER IN THE MEETING - SEE PAGE 21 (17) This is the time and place continued to from earlier in the meeting to discuss the removal of the City Administrator classification from the Management/Confidential employee bargaining group. 24 10-17-94 City Administrator Shauna Clark advised that copies of Resolution No. 10584 had been distributed to the Council, as requested, and noted where the City Administrator classification was included in the document. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the Personnel Director be directed to prepare an amendment to Resolution No. 10584, Sections 17.1 and 17.2, to delete the classification of City Administrator from the list of classifications included in this resolution, and to update the classifications listed under Section 17.1, "Management Employees," and Section 17.2, "Confidential Employees. " RESOLUTION OPPOSING STATE PROPOSITION 187 STATE INITIATIVE - COUNCIL MEMBER HERNANDEZ SAVE OUR (S4) In a memorandum dated October 10, 1994, Council Member Hernandez recommended that the Council adopt a resolution opposing State Proposition 187, the "Save Our State" initiative. Discussion ensued regarding Proposition 187, its constitutionality, the root of the problem it proposes to address, and possible repercussions if Proposition 187 is enacted. Evelyn Kinney, expressed concern noncitizens. 2048 over E. the 18th cost Street, San Bernardino, of providing services CA, to Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed concern over the enactment of Proposition 187. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council approve a resolution opposing Proposition 187, the "Save Our State" initiative. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Pope-Ludlam, Miller. Council Members Oberhelman, Devlin. Absent: None. Council Nays: CHANGE ORDER NO. WATER MAINLINES ROSA DRIVE CORPORATION. TWO (REVISED) - RELOCATE FIVE ADDITIONAL - TIPPECANOE AVENUE, "c" STREET & DEL $75,000 ESTIMATED INCREASE MATICH (S6) In a memorandum dated October 12, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that Change Order No. Two was approved at the Council meeting of August 15, 1994, and authorized the contractor to relocate two water mains that were not shown on the plans, at a cost not to exceed $30,000. Subsequent to the change order approval, five additional water mains have been 25 10-17-94 identified which were either installed at nonstandard depth or not shown on the plans. The amount of work to relocate these five water mains is indeterminate; therefore, the contractor has agreed to do the necessary relocations on a time and materials basis, at a total additional cost not to exceed $75,000. The total estimated project cost included $845,687 for contingencies. There is $450,000 in contingencies which can be used to finance this extra work. Also, a grant has been secured through the U.S. Department of Commerce, Economic Development Administration, to finance 75 percent of the total project cost. The remaining 25 percent will be provided by the Inland Valley Development Agency. No City funds will be used to finance this project. Jeff Wright, P.O. concern over the number involved. Box 2341, San Bernardino, CA, expressed of change orders and the amount of money Roger Hardgrave, Director of Public Works/City Engineer, stated that the number of change orders is never known until a job is finished; however, it appears Matich has encountered the last significant obstacles on this project. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that Change Order No. Two, Revised, to the contract with Matich Corporation for the construction of street improvements on Tippecanoe Avenue, "c" Street (Sheppard Drive) and Del Rosa - Drive, in accordance with Plan No. 9053, be approved; and that the contractor be authorized to relocate an additional five water mainlines located on Tippecanoe Avenue, "C" Street and Del Rosa Drive, at an estimated additional increase in the contract price of $75,000, (for an estimated total of $105,000); from $4,448,299.87 to $4,523,299.87. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Oberhelman, Devlin, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. DISCUSS THE CITY ATTORNEY SEXUAL HARASSMENT REPORT COUNCIL MEMBER HERNANDEZ - DISCUSSED LATER IN THE MEETING - SEE PAGE 28 (AS1) It was the consensus of the Mayor and Common Council to discuss this matter later in the meeting. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 3:14 p.m., City Administrator Shauna Clark left the meeting and was replaced by Economic Development Administrator Timothy Steinhaus. Council Agency 26 10-17-94 DEPUTY CITY ATTORNEY ROTH EXCUSED At 3:18 p.m., Deputy City Attorney Roth left the Council meeting and was replaced by Senior Assistant City Attorney Barlow and Attorney Green. ATTORNEY GREEN RETURNED At 3:18 p.m., Attorney Charles Green, legal counsel for the Economic Development Agency, returned to the Council meeting. COUNCIL MEMBER NEGRETE EXCUSED At 3:29 p.m., Council Member Negrete left the Council meeting. U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT - SECTION 108 LOAN PROGRAM - 40TH STREET SHOPPING CENTER (RS1) In a memorandum dated October 13, 1994, Kenneth Henderson, Executive Director of the Development Department of the Economic Development Agency, stated that on October 11, 1994, the Agency had received notification that grant assistance from the U.S. Department of Housing and Urban Development (HUD) in the amount of $344,000 had been approved for the City of San Bernardino relative to the 40th Street Shopping Center Revitalization Project located on the southwest corner of 40th and Waterman Streets. These funds are to be used in conjunction with another HUD program, the Section 108 Loan Program, for which staff is currently preparing an application for financial assistance. The combination of funds available from both programs is anticipated to be $2,639,000; which will be used for the revitalization of the 40th Street Shopping Center. In order to meet HUD citizen participation requirements and the deadline of October 30, 1994, for submission of the Section 108 application, a public hearing must be held on October 27, 1994, at 9:00 a.m. Since first notification of the grant on October 11, 1994, staff has been intensively working with the 40th Street property owners to obtain their financial commitment to service the loan, and will continue to do so, since receipt of the grant is contingent on timely submission to HUD and a definitive acceptable source for loan repayment. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council set Thursday, October 27, 1994, at 9:00 a.m., in the City Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA, as the date, time and place to hold a public hearing to meet the citizen participation requirements established by the U. S. Department of Housing of Urban Development (HUD) , relative to the filing of a Section 108 Loan Guarantee and grant for the 40th Street Shopping Center. 27 10-17-94 At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items only. acting as the on Community ECONOMIC DEVELOPMENT EXCUSED AT 3:34 p.m., Steinhaus left the Administrator Shauna AGENCY ADMINISTRATOR STEINHAUS Economic Development Council meeting and Clark. Agency Administrator was replaced by City SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 3:34 p.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by Deputy City Attorney Roth. ATTORNEY GREEN EXCUSED At 3:34 p.m., Attorney Charles Green, legal counsel for the Economic Development Agency, left the Council meeting. DISCUSS THE CITY ATTORNEY SEXUAL HARASSMENT REPORT COUNCIL MEMBER HERNANDEZ DISCUSSED EARLIER IN THE MEETING - SEE PAGE 26 (AS1) This is the time and place continued from earlier in the meeting to discuss the City Attorney sexual harassment report. Verna Carry, 2103 Hawthorne Court, San Bernardino, CA, stated that this was an independent report and should be released to the public, since it was paid for by the taxpayers. In a letter dated October 17, 1994, Mr. Penman requested a written statement of the allegations against him, time to confer with an attorney, and a hearing on the allegations prior to any action being taken by the Council. He stated he had absolutely no idea what he had been accused of, other than what he had read in the newspaper and rumors he had heard. Discussion followed about the legal issues involved in releasing the report, the public's right to know the report's contents, Mr. Penman's right to due process under the law, and the fact that it appeared the issue had been politically motivated. Deputy City Attorney Roth stated that from personal experience she could assure the public there is nothing to worry about as far as sexual harassment of the employees in Mr. Penman's office. She also pointed out that due process would require that Mr. Penman be apprised of the charges against him; this had not yet been done. Stephanie Allen, a concern that the public released. resident keep an of San Bernardino, open mind if the expressed report is 28 10-17-94 Warren Cocke, 2875 N. Valencia Avenue, San Bernardino, CA, stated that he is a supporter of Jim Penman. He stated that the Council had spent a considerable amount of money on an investigation that was based on allegations made after any statutes of limitation had passed. He added that many agencies would aggressively investigate complaints of this nature; and that laws preclude this type of action. Laws also provide the complainant with a process to address issues such as sexual harassment and protection from any reprisals. He strongly suggested that the matter be left to the voters. Stephenie Easland, paralegal in the City Attorney's office, stated their office is being maligned; that she has never witnessed any unprofessional conduct on the part of Mr. Penman. DEPUTY CITY ATTORNEY ROTH EXCUSED At 3:55 p.m., Deputy City Attorney Roth left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. Margaret Scroggin, Operations Supervisor, City Attorney's office, stated she has been with the City Attorney's office for seven years and during that time has not received one complaint about sexual harassment on the part of Mr. Penman; neither has she witnessed such conduct. Deputy City Attorney Diane Roth approached the podium and stated she has been with the City Attorney's office six years and works with the Affirmative Action Officer on sexual harassment and sexual discrimination complaints within the City. The process does work through Mr. Wilson and his office. She noted that she came forward willingly to be interviewed by Mr. Simitian of Kay & Stevens, the attorney hired to conduct this investigation; and in her opinion it was not a neutral interview designed to search for the truth. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 4:07 p.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by Deputy City Attorney Roth. Jeff Wright, P.O. Box 2341, San Bernardino, CA, expressed concern about the Council Members censoring speakers at the podium. He spoke against the way the Council was handling the report on Mr. Penman. Mrs. Evelyn Kinney, 2048 East 18th Street, San Bernardino, CA, expressed concern about the time lapse between the occurrence of the alleged sexual harassment and when it was finally reported. Discussion continued on whether or not the Council should release the report, the risk of liability to the City, and the timing of the report in relation to the upcoming election. 29 10-17-94 City Administrator Shauna Clark agreed that the issue had become political, and that it would be difficult for anyone to come forward with a complaint. She originally had thought Council had a good solution when they elected to use an independent firm to investigate these charges. However, she was now requesting that nothing more be said about the report and that nothing happen until after the election; that Mr. Penman be given a sufficient amount of time for due process. At this time, the Mayor and Council asked the City Clerk to read for the record a press release dated October 17, 1994, prepared by the firm who conducted the investigation. There was no action taken on this matter during this meeting. ITEM DELETED (S3) ADJOURNMENT At 4:26 p.m., the joint regular meeting of the Mayor and Common Council and Community Development Commission adjourned to 9:00 a.m., Thursday, October 27, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By ~_/~ Linda Hartze Deputy City Clerk No. of Items: 29 No. of Hours: 8 30 10-17-94