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HomeMy WebLinkAbout11-07-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 7, 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 8:05 a.m., Monday, November 7, 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, Miller; Senior Assistant City Attorney Morillo; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Members Devlin, Pope-Ludlam. RECESS MEETING - CLOSED SESSION (1, S-l, AS-2) At 8:05 a.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) Miller vs. pancucci - United States District Court Case No. SACV 91-255 AHS (RWRx). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to Government Code Section 54956.9(b). C. Conference with labor negotiator pursuant to Government Code Section 54957.6: Aqencv Neqotiator: Shauna Clark, City Administrator Employee Orqanization: San Bernardino City Management Association 1 11-7-94 S-l. Conference with legal counsel to consider the recommendation in Kay and Stevens Report regarding allegations of sexual harassment against the City Attorney - anticipated litigation - significant exposure to litigation pursuant to Government Code Section 54956.9 (b) : Number of potential cases undetermined. (eontinued from October 27, 1994) AS-2. Public employee discipline, dismissal or release pursuant to Government Code Section 54954.5(e). CLOSED SESSION At 8:05 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 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, Miller; Senior Assistant City Attorney Morillo; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Members Devlin, Pope-Ludlam. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Cordova 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. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 8:10 a.m., Council Member Pope-Ludlam arrived at the closed session. SENIOR ASSISTANT CITY ATTORNEY MORILLO EXCUSED At 8:22 a.m., Senior Assistant City Attorney Morillo left the closed session. ADJOURN CLOSED SESSION At 9:01 a.m., the closed session adjourned to the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. RECONVENE MEETING At 9:01 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, Pope-Ludlam, Miller; Senior 2 11-7-94 Assistant City Attorney Morillo; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Devlin. INVOCATION The invocation was given by Dr. Thomas W. Harvick, Pastor, Central Christian Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Oberhelman. APPOINTMENTS - MAYOR MINOR & COUNCIL MEMBERS POPE-LUDLAM & MILLER (AS-1 &: S-2) In memoranda dated October 26 and 27, 1994, and November 3, 1994, respectively, Mayor Minor and Council Members Pope-Ludlam and Miller requested that the following appointments be approved: MAYOR MINOR Traffic Safety Advisory Committee - Ray Landis Board of Water Commissioners - B. Warren Cocke eOUNelL MEMBER POPE-LUDLAM - SIXTH WARD Board of Building Commissioners - Ruben B. Nunez eOUNelL MEMBER MILLER - SEVENTH WARD Animal Advisory Commission - Brooke McKnight Fire Commission - Norman L. Hanover Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the appointments requested by Mayor Minor and Council Members Pope-Ludlam and Miller, be approved. AMBASSADOR OF GOODWILL CERTIFICATES VALLEY COLLEGE EXCHANGE STUDENTS SAN BERNARDINO (2) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of the San Bernardino Valley College student recipients of the Ambassador of Goodwill Certificate. The following students will be visiting Bridgewater College in England for two weeks: Robert Beal, Richie Fernandez, Luis Jesus Moreno, Rod Shackelford, Janice E. Smith and Demetree Jeanette Wheeler. Robert Beal and Rod Shackelford were present and accepted their certificates. 3 11-7-94 ANNOUNCEMENT - COUNCIL MEMBER NEGRETE (3) Council Member Negrete encouraged the residents of the City to vote in the statewide election on November 8, 1994. ANNOUNCEMENT - COUNCIL MEMBER CURLIN (3A) Council Member Curlin expressed concern regarding the racial disharmony exhibited throughout the nation, and urged the residents of the City to consider the merits of the decisions made by the legislative body and to not succumb to the racial overtones. SENIOR ASSISTANT CITY ATTORNEY MORILLO EXCUSED At 9:10 a.m., Senior Assistant City Attorney Morillo left the Council meeting and was replaced by Deputy City Attorney Roth. ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ (3B) Council Member Hernandez commended the members of the Police Department for their professionalism evidenced during the Proposition 187 rally which was held on November 6, 1994; and expressed concern regarding the negative publicity exhibited by The Sun newspaper relative to the four minority council members. ANNOUNCEMENT - COUNCIL MEMBER OBERHELMAN (3e) Council Member Oberhelman encouraged the residents of the City to exercise their right to vote in the statewide election to be held on November 8, 1994, and to become more active within governmental affairs. ANNOUNCEMENT - COUNCIL MEMBER POPE-LUDLAM (3D) Council Member Pope-Ludlam urged City residents to vote in the upcoming November 8, 1994, statewide election. ANNOUNCEMENT - COUNCIL MEMBER MILLER (3E) Council Member Miller announced that the opening season of the Civic Light Opera will commence on November 11, 1994. ANNOUNCEMENT - CITY CLERK RACHEL CLARK (3F) City Clerk Rachel Clark reminded the residents of the City that the City Clerk's Office would be available to assist in locating their polling places for the statewide November 8, 1994 election. 4 11-7-94 PUBLIC COMMENTS - GARY KIRBY (4) Gary Kirby, 1505 Yardley, San Bernardino, CA, urged the residents of the City to utilize their right to vote in the November 8, 1994, statewide election; and stated that the recent recall efforts are not based on racial discrimination. PUBLIC COMMENTS - PAT MILLIGAN (4A) Pat Milligan, President, San Bernardino Valley Municipal Water District, 1350 South E Street, San Bernardino, CA, provided a synopsis of the action taken to acquire the City-owned property located at 1350 South E Street; and expressed appreciation for the City's cooperation. PUBLIC COMMENTS - CITY RESIDENT (4B) A resident of San Bernardino, CA, urged the residents of the City to vote in the statewide election on November 8, 1994; and expressed opposition to Proposition 186. PUBLIC COMMENTS - HECTOR LUNA (4e) Hector Luna, 1255 W. Reece expressed opposition to Proposition on the November 8, 1994 election. Street, San Bernardino, CA, 187, the statewide initiative PUBLIC COMMENTS - ANTONIO AGUILAR (4D) Antonio Aguilar, a resident of San Bernardino, CA, expressed opposition to the statewide initiative, Proposition 187. PUBLIC COMMENTS - THURMAN CARTER (4E) Thurman Carter, Director, Jesus Outreach Ministries, 479 N. Waterman Avenue, San Bernardino, CA, urged the Mayor and Council to provide his organization with financial assistance in the amount of $15,000. Mayor Minor recommended that Mr. Carter contact his staff to obtain information regarding the use of Community Development Block Grant (CDBG) funds. WAIVE FURTHER READING OF RESOLUTIONS & ORDINANCES (5) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that full reading of the resolutions and ordinances on the regular, supplemental, addendum to the supplemental and Community Development Commission agendas, be waived. 5 11-7-94 COUNCIL MINUTES (6) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: September 6, 1994. AUTHORIZE OUT-OF-STATE TRAVEL - JANIS INGELS, DIRECTOR OF MANAGEMENT INFORMATION SERVICES - NOVEMBER 17 & 18, 1994 - COMDEX CONFERENCE - LAS VEGAS, NEVADA (7) In a memorandum dated October 11, 1994, Janis Ingels, Director of Management Information Services, requested authorization to travel out of state to attend the largest computer technology, Comdex, conference to be held on November 17 and 18, 1994, in Las Vegas, Nevada. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that Janis Ingels, Director of Management Information Services, be authorized to travel out of state to Las Vegas, Nevada, on November 17 and 18, 1994, to attend the Comdex Conference. RES. 94-337A - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO CMS COMMUNICATIONS FOR THE FURNISHING AND DELIVERY OF ANNUAL TELEPHONE MAINTENANCE, TO BE UTILIZED BY THE TELECOMMUNICATIONS DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-95-02. (8) RES. 94-338 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH HIGHLAND SENIOR CENTER, HIGHLAND DISTRICT COUNCIL ON AGING, INC., RELATING TO A NUTRITION FOR SENIORS PROGRAM. (9) RES. 94-339 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH ADULT DAY HEALTH CARE CENTER RELATING TO A NUTRITION FOR SENIORS PROGRAM. (10) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolutions be adopted. Resolution Nos. 94-337A, 94-338 and 94-339 were adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Devlin. 6 11-7-94 APPROVE SALARY INCREASES - HEADSTART/PRESCHOOL POSITIONS - PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT (11) In a memorandum dated October 19, 1994, Barbara Dillon, Director of Personnel, stated that Annie Ramos, Director of Parks, Recreation and Community Services, has requested a salary increase for various positions within the Headstart/Preschool Program, retroactive to September 1, 1994. Because the positions are federally funded, there would be no impact to the General Fund. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that salary increases for the following Headstart/Preschool positions be approved retroactive to September 1, 1994: One Teacher/Director (from $11.03/hour to $11.77/hour); One Teacher (from $9.59/hour to $10.23/hour); Two Teachers (from $9.19/hour to $9.81/hour); One Clerk (from $5.97/hour to $6.37/hour); Two Teacher Aides (from $5.97/hour to $6.37/hour) and Two Teacher Aides (from $5.72/hour to $6.10/hour); and that the Personnel Department be directed to update Resolution 6413, Section Thirteen. CLAIMS AND PAYROLL (12) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the claims and payroll and authorization to issue warrants as listed on the memorandum dated October 18, 1994, from the Director of Finance, be approved. PERSONNEL ACTIONS (13) Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated October 20, 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. ORD. MC-913 - 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. Final (14) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said ordinance be adopted. Ordinance No. MC-913 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Devlin. 7 11-7-94 RES. 94-340 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A RESOLUTION... ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS OR ALLEYS, OR PORTIONS THEREOF. . . ;" AND AUTHORIZING THE REMOVAL OF THE TWO-HOUR PARKING LIMITATION ON THE NORTH SIDE OF FOURTH STREET BETWEEN nFn STREET AND "E" STREET. (15) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 94-340 was Ayes: Council Members Negrete, Pope-Ludlam, Miller. Nays: None. adopted by the following vote: Curlin, Hernandez, Oberhelman, Absent: Council Member Devlin. ADOPT NEGATIVE DECLARATION & FINDING OF CONSISTENCY - CIRCULATION ELEMENT - GENERAL PLAN - ANGLE PARKING - COURT STREET FROM "E" STREET TO ARROWHEAD AVENUE (17) In a memorandum dated October 20, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that at its meeting of September 8, 1994, the Environmental Review Committee recommended approval of the negative declaration for Public Works Project No. 94-03. A 21-day public review period was held from September 15, 1994 to October 6, 1994, and no comments were received. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the negative declaration for Public Works Project No. 94-03, angle parking on Court Street from "E" Street to Arrowhead Avenue, be adopted; and that a finding be made that the angle parking on Court Street from "En Street to Arrowhead Avenue is consistent with the circulation element of the General Plan. APPROVE PLANS & ADVERTISE FOR BIDS - STREET IMPROVEMENTS - PEPPER AVENUE, SOUTH OF MILL STREET - TRANSFER OF FUNDS - $15,000 (16) In a memorandum dated October 20, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that the plans for the installation of street improvements on the west side of Pepper Avenue, adjacent to Rialto High School have been completed, and the project is ready to be advertised for bids. The project consists of installing curb and gutter, sidewalk, paving and street lights. The total costs are estimated to be $165,000. An amount of $150,000 has been allocated, however an additional $15,000 is required. Consequently, it is recommended that $15,000 be transferred from the available balance in Account No. 126-356- 57857, Mill Street (south side) west of Meridian Avenue. 8 11-7-94 Roger Hardgrave, Director of Public Works/Engineering, answered questions regarding the utilization of funds for the construction of street improvements on Pepper Avenue, (west side) south of Mill Street. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the transfer of $15,000, from Account No. 126-356-57857, "Mill Street (south side), west of Meridian Avenue," to Account No. 126-356-57856, "Pepper Avenue (west side), south of Mill Street," be approved; that the plans for installation of street improvements on Pepper Avenue (west side), south of Mill Street, in accordance with Plan No. 9176, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. MAYOR & COMMON COUNCIL & COMMUNITY DEVELOPMENT COMMISSION 1995 MEETING DATES (19) In a memorandum dated October 12, 1994, Rachel Clark, City Clerk, stated that during the months of January, July and September 1995, the regular Mayor and Common Council and Community Development Commission meeting dates would fall on holidays. Consequently, it is proposed that the 1995 meetings be held on: January 9 and 23; February 6 and 20; March 6 and 20; April 3 and 17; May 1 and 15; June 5 and 19; July 10 and 24; August 7 and 21; September 5 and 18; October 2 and 16; November 6 and 20; and December 4 and 18, 1995. Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the following 1995 meeting dates for regular meetings of the Mayor and Common Council and Community Development Commission be approved: January 9 and 23; February 6 and 20; March 6 and 20; April 3 and 17; May 1 and 15; June 5 and 19; July 10 and 24; August 7 and 21; September 5 and 18; October 2 and 16; November 6 and 20; and December 4 and 18, 1995. ORAL REPORT - SAN BERNARDINO RAILROAD HISTORICAL SOCIETY - NEW LOCATION FOR STEAM ENGINE #3751 & MUSEUM (20) In a memorandum dated October 20, 1994, Jean Anderson, Executive Director of Cultural & International Affairs, Mayor's Office, stated that the Santa Fe Railroad is donating property and a pre-fabricated steel structure to the San Bernardino Railroad Historical Society to allow the steam locomotive #3751 to remain in the City. The proposed site is located on the north side of Rialto Avenue between pi co and Lytle Creek. It is requested that the San Bernardino Railroad Historical Society be allowed to present an oral report regarding the proposed new location for steam engine #3751 and the anticipated adjoining museum. 9 11-7-94 Discussion ensued regarding the relocation of the San Bernardino Railroad Historical Society and the renaming of the steam engine to the Spirit of San Bernardino. Council Member Oberhelman made a motion, seconded by Council Member Curlin, and unanimously carried, that the matter be tabled. DEPUTY CITY ATTORNEY ROTH EXCUSED At 9:51 a.m., Deputy City Attorney Roth left the Council meeting and was replaced by Deputy City Attorney Empeno. ORD. MC-914 - 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. Final (21) Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that said ordinance be adopted. Ordinance No. MC- 914 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope- Ludlam, Miller. Nays: None. Absent: Council Member Devlin. FINANCIAL ASSISTANCE - VICTORY OUTREACH BUILDING - 990 W. MILL STREET - FIRE DEPARTMENT FEES & DEVELOPMENT PERMITS - CONTINUED FROM SEPTEMBER 19, 1994 (22) This is the time and place continued to consider a request from Victory Outreach for financial assistance with the renovation of their building located at 990 W. Mill Street. In a memorandum dated October 26, 1994, Council Member Hernandez stated that representatives from the City, Water Department and Victory Outreach have met and the issues were settled to the agreement of all parties. Consequently, it is requested that the matter be tabled. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the matter be tabled. RECESS MEETING At 9:50 a.m., Mayor Minor declared a ten-minute recess. RECONVENE MEETING At 10: 00 a. m., Mayor Minor reconvened the j oint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 10 11-7-94 ROLL CALL Roll call was taken by Deputy City Clerk Cordova with the following being present: Mayor Minor; Council Members Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; Deputy City Attorney Roth; Deputy City Clerk Cordova; City Administrator Shauna Clark. Absent: Council Members Negrete, Devlin. PUBLIC HEARING - RENTAL HOUSING INSPECTION PROGRAM CONTINUED FROM OCTOBER 17, 1994 - DISCUSSED LATER IN THE MEETING - SEE PAGE 16 (18) This is the time and place continued to for a public hearing to consider the implementation of a rental housing inspection program. In a memorandum dated October 26, 1994, Shauna Clark, City Administrator, provided a synopsis of the action taken relative to implementation of the proposed rental housing inspection program. In a letter dated October 27, 1994, Sue Moller, 2345 N. Sierra Way, San Bernardino, CA, expressed opposition to the implementation of a rental housing inspection program. In a letter dated November 2, 1994, Diane D. Harkison, 375 W. 25th Street, San Bernardino, CA, expressed opposition to the implementation of a rental housing inspection program. Mayor Minor opened the hearing. City Administrator Shauna Clark provided a synopsis of the action taken for implementation of the proposed rental housing inspection program. David Schulze, Vice President, San Bernardino Valley Association of Realtors, 1798 North "D" Street, San Bernardino, CA, provided an undated letter to the Mayor and Council; expressed opposition to the ordinance which establishes a residential rental inspection program in its present form, and requested that the task force reconvene to develop a program similar to that used by Mesa, Arizona, with the County of San Bernardino. DEPUTY CITY CLERK CORDOVA EXCUSED At 10:04 a.m., Deputy City Clerk Cordova left the Council meeting and was replaced by City Clerk Rachel Clark. COUNCIL MEMBER NEGRETE RETURNED At 10:05 a.m., Council Member Negrete returned to the Council meeting and took his place at the council table. Discussion ensued regarding implementation of the rental housing inspection program, and City Administrator Shauna Clark answered questions concerning Alternative II and the Mesa, Arizona 11 11-7-94 program. Louanne McCumber, San Bernardino landlord, 201 Ponderosa, Cedar Glen, CA, expressed opposition to the implementation of a rental housing inspection program. James Wirth, 1980 W. Sierra Way, San Bernardino, CA, expressed support for the implementation of a rental housing inspection program; and stated that he had conducted research, in which he believes redevelopment funds could be utilized. Jeff Wright, P. O. Box 2341, San Bernardino, CA, recommended that the matter be placed before a vote of the people; and expressed opposition to the implementation of a rental housing inspection program. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AN INSPECTION FEE FOR RESIDENTIAL RENTAL PROPERTIES LOCATED WITHIN THE CITY OF SAN BERNARDINO. (eontinued from October 17, 1994) (Discussed later in the meeting) (See page 16) (18) ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.25 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A RESIDENTIAL RENTAL INSPECTION PROGRAM. (eontinued from October 17, 1994) (Discussed later in the meeting) (See page 17) Final (18) Council Member Curlin made a motion, Member Hernandez, and unanimously carried, closed. seconded by Council that the hearing be Discussion continued regarding the implementation of the proposed rental housing inspection program. David Schulze answered questions regarding his request to see a program implemented similar to that of Mesa, Arizona. A discussion was held concerning the economic impact of the proposed rental housing inspection program, the pros and cons of the implementation of such and the utilization of redevelopment funds. Mr. Schulze answered questions relative to the efforts made by the realty association to obtain voluntary compliance with a rental housing inspection program. Council Member Hernandez made a motion, seconded by Council Miller, that said resolution and ordinance be adopted. 12 11-7-94 The motion failed by the following vote: Ayes: Members Negrete, Hernandez, Miller. Nays: Council Members Oberhelman, Pope-Ludlam. Absent: Council Member Devlin. Council Curlin, RECESS MEETING At 10:48 a.m., Mayor Minor declared a ten-minute recess. RECONVENE MEETING At 11:00 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, Pope-Ludlam, Miller; Senior Assistant City Attorney Morillo and Economic Development Agency Counsel Timothy Sabo; City Clerk Rachel Clark; Economic Development Agency Administrator Timothy Steinhaus. Absent: Council Member Devlin. RES. 94-341 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ELECTRO CONSTRUCTION CORPORATION FOR UPGRADING SPORTS AND SECURITY LIGHTING FOR ENCANTO PARK. (R-3) Council Member Oberhelman made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 94-341 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Devlin. CONSTRUCT HANDICAP RAMPS & SIDEWALK LOCATIONS - AUTHORIZE ADVERTISEMENT LATER IN THE MEETING - SEE PAGE 14 WIDENING AT VARIOUS OF BIDS - DISCUSSED (R-4) In a memorandum dated October 13, 1994, Roger Hardgrave, Director of Public Works/City Engineer, stated that the plans for the construction of handicap ramps and sidewalk widening at various locations within the City have been prepared, and the project is ready to be advertised for bids. The project consists of constructing 93 handicap ramps and widening of sidewalks at various locations to ensure handicap accessibility. The total project costs are estimated to be $74,600. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that the plans for construction of handicap ramps and sidewalk widening at various locations, in accordance with Plan No. 9170, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. (Note: 13 11-7-94 There was no vote taken.) Concern was expressed regarding the prioritization of the street improvement locations. It was the consensus of the Council that the matter be continued to later in the meeting. COMMUNITY DEVELOPMENT COMMISSION - JOINT REGULAR MEETING At this time, the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items. CONSTRUCT HANDICAP RAMPS & SIDEWALK WIDENING AT VARIOUS LOCATIONS - AUTHORIZE ADVERTISEMENT OF BIDS - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 13 (R-4) This is the time and place cont inued from earlier in the meeting to authorize the advertisement of bids for the construction of handicap ramps and sidewalk widening at various locations within the City. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the plans for the construction of handicap ramps and how the locations were prioritized. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the plans for construction of handicap ramps and sidewalk widening at various locations, in accordance with Plan No. 9170, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. PUBLIC HEARING - INLAND PLAZA - INDUSTRIAL DEVELOPMENT BOND REFINANCING - TAX EQUITY & FISCAL RESPONSIBILITY ACT (T.E.F.R.A.) (R-ll) This is the time and place set for a public hearing $2.35 million refinancing of the Inland Plaza project issuance of Industrial Development Bonds by the City Bernardino. for by of the the San In a memorandum dated November 2, 1994, Barbara Lindseth, Acting Executive Director, Development Department, Economic Development Agency, stated that in 1983 the City issued $2,200,000 in Industrial Development Revenue Bonds, Series 1983A, for the Inland Plaza project on behalf of the Inland Plaza Partnership. The bonds were secured by a 10-year note executed by Inland Plaza for the benefit of the City. The note was due on October 15, 1993. However, the sole bondholder, Bank of California, agreed to an extension of April 1995 to allow Inland Plaza additional time to obtain financing to pay the note. 14 11-7-94 ,At,its September, 6, 1994 meeting, the Community Development CommlSSlon approved J.n concept the structure of financing for Inland Plaza in the form of a bond issue secured by a stand-by loan agreement provided by the Economic Development Agency (Agency), subject to staff review of supporting documentation of the credit worthiness of both the project and its owners. Additional time is required to complete the necessary documentation. Consequently, it is recommended that the Tax Equity & Fiscal Responsibility Act (T.E.F.R.A) hearing be continued to November 21, 1994. COUNCIL MEMBER MILLER EXCUSED At 11:51 a.m., Council Member Miller left the Council meeting. Mayor Minor opened the hearing. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council continue the Tax Equity & Fiscal Responsibility Act (T.E.F.R.A.) hearing to November 21, 1994, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA, for the $2.35 million refinancing of the Inland Plaza project by the issuance of Industrial Development Bonds by the City of San Bernardino. Concern was expressed relative to the industrial development bond refinancing. Timothy Steinhaus, Economic Development Agency Administrator, answered questions regarding the bond refinancing; and stated that he would obtain a copy of the preliminary title report. Jeff Wright, P. O. Box 2341, San Bernardino, CA, inquired about the meaning of the acronym T.E.F.R.A. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the Mayor and Common Council continue the Tax Equity & Fiscal Responsibility Act (T.E.F.R.A.) hearing to November 21, 1994, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA, for the $2.35 million refinancing of the Inland Plaza project by the issuance of Industrial Development Bonds by the City of San Bernardino. RECESS MEETING At 12:15 p.m., the joint regular meeting of the Mayor and Common Council and Community Development Commission recessed to 2: 00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 15 11-7-94 RECONVENE MEETING At 2: 07 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 Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller; Deputy City Attorney Empeno; City Clerk Rachel Clark; Planning & Building Services Director Boughey. Absent: Council Member Devlin. RES. 94-342 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, FOR THE PURPOSE OF PLANNING AND IMPLEMENTING A PROGRAM TO CONSERVE WILDLIFE AND PLANT SPECIES OF CONCERN IN THE SAN BERNARDINO VALLEY. (23 ) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed support for the adoption of said resolution. A discussion was held regarding the purpose of said resolution. Council Member Miller made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 94-342 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Devlin. DEPUTY CITY ATTORNEY EMPENO EXCUSED At 2:14 p.m., Deputy City Attorney Empeno left the Council meeting and was replaced by Senior Assistant City Attorney Morillo. PLANNING & BUILDING SERVICES DIRECTOR BOUGHEY EXCUSED At 2:14 p.m., Planning & Building Services Director Boughey left the Council meeting and was replaced by City Administrator Shauna Clark. RECONSIDER PUBLIC HEARING - RENTAL HOUSING INSPECTION PROGRAM - CONTINUED FROM OCTOBER 17, 1994 - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 11 (18) RECONSIDER - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AN INSPECTION FEE FOR RESIDENTIAL RENTAL PROPERTIES LOCATED WITHIN THE CITY OF SAN BERNARDINO. (eontinued from October 17, 1994) (Discussed earlier in the meeting) (See page 12) (18) 16 11-7-94 RECONSIDER - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.25 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING A RESIDENTIAL RENTAL INSPECTION PROGRAM. (eontinued from October 17, 1994) (Discussed earlier in the meeting) (See page 12) Final (18) This is the time and place to reconsider the previous action taken for implementation of the proposed rental housing inspection program. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that the previous action to close the public hearing; and the adoption of said resolution and ordinance be reconsidered. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Miller. None. Abstain: Council Member Pope-Ludlam. Absent: Member Devlin. Council Nays: Council Mayor Minor opened the hearing. Council Member Miller made a motion, seconded by Council Member Hernandez, that the public hearing and the adoption of said resolution and ordinance be continued to November 21, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (Note: There was no vote taken.) A discussion was held regarding the continuance and pursuing other alternatives proposed rental housing inspection program. purpose for the for funding of the Council Member Hernandez made a substitute motion, seconded by Council Member Miller, that the hearing be closed; and that said resolution and ordinance be adopted. The substitute motion failed by the following vote: Council Members Negrete, Hernandez, Miller. Nays: Council Curlin, Oberhelman, Pope-Ludlam. Absent: Council Member Ayes: Members Devlin. Council Member Miller made a motion, seconded by Council Member Negrete, that the previous action taken to close the public hearing; and that said resolution and ordinance be adopted, be reconsidered. The motion failed by the following vote: Ayes: Members Negrete, Hernandez, Miller. Nays: Council Members Oberhelman, Pope-Ludlam. Absent: Council Member Devlin. Council Curlin, There was no further action taken on this matter. 17 11-7-94 RES. 94-343 - RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAME OF 45TH STREET EAST OF DAVID WAY TO RANKINS LANE, WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO, EFFECTIVE AS OF THE DATE OF ADOPTION OF THIS RESOLUTION. (S-3) Council Member Oberhelman made a motion, seconded by Council Member Negrete, that said resolution be adopted. Resolution No. 94-.343 was Ayes: Council Members Negrete, Pope-Ludlam, Miller. Nays: None. adopted by the following vote: Curlin, Hernandez, Oberhelman, Absent: Council Member Devlin. SET COUNCIL WORKSHOP - NOVEMBER 14, 1994 AT 10:00 A.M. - DEPARTMENT OF PUBLIC SERVICES - GOALS & OBJECTIVES (S-4) In a memorandum dated October 31, 1994, Shauna Clark, City Administrator, stated that the Department of Public Services had done an outstanding job of quantifying their goals and objectives for major services which include street and sewer maintenance, refuse, fleet maintenance and weed abatement. Therefore, it is recommended that a workshop be held on Monday, November 14, 1994, at 10:00 a.m., in the Management Information Center (MIC) Room, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, CA, to discuss the priorities and changes that would be implemented by the department in the next few years. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that a workshop be scheduled for 10:00 a.m., Monday, November 14,1994, in the Management Information Center (MIC) Room, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, CA, for the purpose of discussing the goals and objectives of the Public Services Department as they relate to street and sewer maintenance, refuse, fleet maintenance and weed abatement. CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 2:37 p.m., City Administrator Shauna Clark left the meeting and was replaced by Economic Development Administrator Steinhaus. Council Agency DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) SECTION 108 LOAN APPLICATION - 40TH STREET SHOPPING CENTER (R-15) This is the time and place set for a public hearing to consider approval of the United States Department of Housing & Urban Development (HUD) Section 108 loan application for the 40th Street shopping center project. In a memorandum dated November 2, 1994, Barbara Lindseth, Acting Executive Director, Development Department, Economic Development Agency, stated that Section 108 of the Housing and 18 11-7-94 Community Development Act of 1974, as amended, authorizes a program of community development loan guarantee assistance (HUD 108 Loan), which provides cities with front-end financing for large scale communi ty and economic development proj ects which could not be financed through annual grants. The project must benefit low and moderate income persons, aid in the elimination or prevention of slums and blight or meet other community development needs having a particular urgency. The 40th Street shopping center meets the criteria. In addition to the Section 108 loan, staff prepared and submitted an application for an Economic Development Initiative (EDI) grant for the 40th Street shopping center. The EDI grant is to be used in conjunction with the proceeds from a Section 108 loan. One principal goal of the program is to stimulate use of the Section 108 program by providing EDI grant funds to reduce the debt service associated with the Section 108 loans and to enhance the security and viability of projects assisted with Section 108 guarantee funds. On October 11, 1994, the Economic Development Agency (Agency) received written notification that grant assistance under the EDI grant program in the amount of $344,000 had been approved for the City relative to the 40th Street shopping center. The EDI grant funds would only be released upon the approval of the Section 108 loan application by HUD. The Section 108 loan application is for $2,295,000 at eight percent (8%) interest, amortized over 20 years; and the annual debt service is $230,355. In a letter dated October 28, 1994, Dwight Hill, Box 134, Big Bear City, CA, expressed opposition for the Section 108 loan application for the 40th Street shopping center because of the benefit to Stater Bros. Market. ECONOMIC DEVELOPMENT AGENCY COUNSEL SABO RETURNED At 2: 46 p. m., Economic Development Agency Counsel Timothy Sabo arrived at the Council meeting. Mayor Minor opened the hearing. Timothy Steinhaus, Economic Development Agency Administrator, provided a synopsis of the action taken to effectuate the HOD Section 108 loan application for the 40th Street shopping center. Stafford Parker, Deputy Directo~-, Development Department, Economic Development Agency, answered questions and explained the demographics and circumstances affiliated with the HUD Section 108 loan application. Christina Twain, 4286 N. expressed support for the shopping center. Pershing Avenue, San Bernardino, CA, revitalization of the 40th Street 19 11-7-94 Council Member Oberhelman made a Member Pope-Ludlam, and unanimously hearing be closed. motion, seconded by Council carried, that the public Gary Miller, Gary Miller & Associates, 350 W. 5th Street, San Bernardino, CA, explained the architectural design for the proposed renovation of the 40th Street shopping center. A discussion was held regarding the vacancy factor within the shopping center. Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the Mayor and Common Council approve the U. S, Department of Housing & Urban Development (HUD) Section 108 loan application for the 40th Street shopping center project, and authorize the Mayor and Executive Director to execute all necessary documents and further authorize staff to submit said application to the Department of Housing & Urban Development. PUBLIC HEARING - HOLIDAY OLDSMOBILE LAND ACQUISITION (R-16) This is the time and place set for a public hearing to approve a disposition and development agreement between the Economic Development Agency and Holiday Oldsmobile. In a memorandum dated November 3, 1994, Timothy Steinhaus, Economic Development Agency Administrator, stated that Holiday Oldsmobile currently leases the property at 1388 South "E" Street which is owned by the City of Riverside. The City of Riverside has agreed to sell the property through the Economic Development Agency (Agency) at the appraised value of $2,623,600. Holiday Oldsmobile would pay a cash payment of $500,000 and obtain financing in the amount of $1,772,600. Nonetheless, a gap remains of $351,000. Holiday Oldsmobile has requested that the Agency contribute the $351,000 to assist in the closure of escrow. The subject property is not located within a San Bernardino redevelopment project area; however, is within the jurisdiction of the Inland Valley Development Agency (IVDA) redevelopment project area. On September 28, 1994, Mayor Minor met with IVDA representatives to discuss a proposal which would allow the Agency to enter into a cooperative agreement with IVDA for the tax increment revenues of the Holiday Oldsmobile site. The agreement is similar to the low-moderate cooperative agreement between the Agency and IVDA. Inland Valley Development Agency would give the Economic Development Agency power and authority to negotiate with Holiday Oldsmobile and utilize the tax increment revenues to further redevelopment abilities at the Holiday Oldsmobile site. The Economic Development Agency's contribution to the purchase escrow would be repaid from the increased tax increment revenues to 20 11-7-94 be generated from the Holiday Oldsmobile site. Furthermore, it is proposed that the City of Riverside sell the property to the Economic Development Agency under a sale and purchase agreement at the appraised value of $2,623,600. The Economic Development Agency would then sell the property for the same price and loan $351,000 at eight percent (8%) interest to Holiday Oldsmobile. Holiday Oldsmobile representatives have agreed to execute a ten-year operating covenant with the Agency and has committed to repay the $351,000 through a 10 percent (10%) forgiveness provision for the benefit of the Agency. Ten percent (10%) of the amount of such note would be forgiven each year that Holiday Oldsmobile remains in operation within the City and produces sales tax revenue to the City. In the event Holiday Oldsmobile ceases operations or relocates from the City, Holiday Oldsmobile would owe the Agency the unamortized amount of said loan. At the end of 10 years, the full $351,000 would be forgiven provided that Holiday Oldsmobile has remained in operation within the City during said time period. Holiday Oldsmobile has been a valuable member of the community for many years, employs 60 people, and should provide approximately $28,000 in property taxes, $220,000 in retail sales tax and $7,400 in utility tax annually. Mayor Minor opened the hearing. Jeff Wright, P. about the financing acquisition. O. Box 2341, mechanism for San Bernardino, CA, inquired the Holiday Oldsmobile land Timothy Steinhaus, Economic Development Agency Administrator, explained that the Agency would be reimbursed and that the specifics of the agreement are noted on the Staff Report dated November 3, 1994. RES. 94-344 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND HOLIDAY OLDSMOBILE. ~-~ Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the hearing be closed. Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, that said resolution be adopted. Resolution No. 94-344 was Ayes: Council Members Negrete, Pope-Ludlam, Miller. Nays: None. adopted by the following vote: Curlin, Hernandez, Oberhelman, Absent: Council Member Devlin. 21 11-7-94 COUNCIL MEMBER At 4:18 p.m., meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council RES. 94-345 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE CENTRAL CITY REDEVELOPMENT PROJECT AREA OF RESURFACING PORTIONS OF THE CAROUSEL MALL. as-:JA) Council Member Oberhelman made a motion, seconded by Council Member Curlin, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: Ludlam. No. 94-345 was Members Negrete, None. Absent: adopted by the following vote: Curlin, Hernandez, Oberhelman, Council Members Devlin, Pope- RECESS MEETING - CLOSED SESSION (1, S-l, AS-2, R-21 "RS-2) At 4: 22 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) Miller VB. pancucci - United States District Court Case No. SACV 91-255 ARS (RWRx). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation pursuant to Government Code Section 54956.9(b). C. Conference with labor negotiator pursuant to Government Code Section 54957.6: Aqency Neqotiator: shauna Clark, city Administrator Emplovee Orqanization: San Bernardino City Management Association 22 11-7-94 S-1. Conference with legal counsel to consider the recommendation in Kay and Stevens Report regarding allegations of sexual harassment against the City Attorney - anticipated litigation - significant exposure to litigation pursuant to Government Code Section 54956.9 (b) : Number of potential cases undetermined. (eontinued from October 27, 1994) AS-2. Public employee discipline, dismissal or release pursuant to Government Code Section 54954.5(e). R-21. Conference with real property negotiator pursuant to Government Code Section 54956.8: Property: 2251 East 20th Street San Bernardino, California Negotiating Parties: Redevelopment Agency staff; Munawar Ahmed, Owner, and Astrotel Communications Corp. Under Negotiation: Instructions will be given to Agency negotiator concerning price and terms of acquisition. RS-2. Public employee discipline, dismissal or release pursuant to Government Code Section 54954.5(e). CLOSED SESSION At 4:22 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, Pope-Ludlam, Miller; Senior Assistant City Attorney Morillo; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Devlin. Also present: Barbara Lindseth, Acting Executive Director, Development Department, and Timothy Sabo, Counsel; Economic Development Agency. CITY ATTORNEY PENMAN ARRIVED At 4:35 p.m., City Attorney Penman arrived at the closed session. 23 11-7-94 CITY ATTORNEY PENMAN, AGENCY ADMINISTRATOR STEINHAUS & ACTING EXECUTIVE DIRECTOR LINDSETH EXCUSED At 4:54 p.m., City Attorney Penman; Agency Administrator Steinhaus and Acting Executive Director Lindseth, Economic Development Agency, left the closed session. SENIOR ASSISTANT CITY ATTORNEY MORILLO & ECONOMIC DEVELOPMENT AGENCY COUNSEL TIMOTHY SABO EXCUSED At 4:54 p.m., Senior Assistant City Attorney Morillo and Economic Development Agency Counsel Timothy Sabo left the closed session. CITY ATTORNEY PENMAN & SENIOR ASSISTANT CITY ATTORNEY MORILLO RETURNED At 4:58 p.m., City Attorney Penman and Senior Assistant City Attorney Morillo returned to the closed session. ADJOURN CLOSED SESSION At 5: 30 p. m., the closed session adj ourned to the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. RECONVENE MEETING At 5: 31 p. m., Mayor Minor reconvened the j oint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino 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, Pope-Ludlam, Miller; Deputy City Attorney Empeno; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Devlin. CLOSED SESSION ACTION (le) Council Member Negrete made a motion, seconded by Council Member Pope-Ludlam, that the comparisons to the County of San Bernardino classification titles contained within the salary survey for management and confidential employees dated July 7, 1994, be deleted; that the survey be implemented based on Option Two, as set forth on page 18: "nearest dollar, minimum place, step two"; that implementation shall be effective January 1, 1995; and that all subsequent step increases for management and confidential employees be based on a merit evaluation and not given before January 1996, nor shall any exceed five (5%) percent. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, pope-Ludlam, Miller. Council Member Oberhelman. Absent: Council Member Devlin. Council Nays: 24 11-7-94 CLOSED SESSION ACTION (AS-2) Council Member Pope-Ludlam made a motion, seconded by Member Oberhelman, and unanimously carried, that the dismissal of Dean Meech, Purchasing Agent, be ratified. Council Mayor's CONFERENCE WITH LEGAL COUNSEL TO CONSIDER THE RECOMMENDATION IN KAY AND STEVENS REPORT REGARDING ALLEGATIONS OF SEXUAL HARASSMENT AGAINST THE CITY ATTORNEY - ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (B) : NUMBER OF POTENTIAL CASES UNDETERMINED. (Continued from October 27, 1994) (S-l) CITY ADMINISTRATOR SHAUNA CLARK EXCUSED At 5:38 p.m., City Administrator Shauna Clark left the Council meeting. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that Economic Development Agency Counsel Timothy Sabo be seated at the dias to advise the Mayor and Council on the allegations of sexual harassment against the City Attorney. (Note: There was no vote taken.) ECONOMIC DEVELOPMENT AGENCY COUNSEL TIMOTHY SABO RETURNED At 5: 40 P . m., Timothy Sabo, Economic Development Agency Counsel, returned to the Council meeting. Economic Development Agency Counsel Timothy Sabo advised the Mayor and Council that discussion relative to the sexual harassment allegations against the City Attorney should take place with the counsel of record, Kay & Stevens. Discussion ensued regarding the appropriateness of taking action to adopt two resolutions which were presented in closed session concerning the allegations of sexual harassment against the City Attorney. Council Member Hernandez made a motion that the matter relative to the adoption of the two resolutions arose subsequent to the posting of the agenda. The motion failed for lack of a second. A discussion was held regarding the provisions of the Brown Act which allow emergency items to be discussed after the posting of the agenda. There was no further action taken on this matter. 25 11-7-94 ADJOURNMENT (24) At 5:55 p.m., the joint regular meeting of the Mayor and Common Council and Community Development Commission adjourned to Monday, November 14, 1994, at 10:00 a.m., in the Management Information Center (MIC) Room, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By: ~ anna Cordova puty City Clerk No. of Items: 36 No. of Hours: 8 26 11-7-94