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HomeMy WebLinkAbout01-21-1992 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING JANUARY 21, 1992 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:32 a.m., Tuesday, January 21, 1992, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney. Absent: Council Member Pope-Ludlam; City Administrator Clark. RECESS MEETING - CLOSED SESSION (1 & S-2) At 8:32 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to give instruction to the City's /Commission' s negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: ; b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the litigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to 1 1/21/92 f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: City of San Bernardino vs. San Bernardino Baseball Club. Inc. - San Bernardino Superior Court Case No. 239193; Stubblefield Construction Company. et al vs. City of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; City of Redlands vs. Inland Valley Development Aoencv. et al - San Bernardino Superior Court Case No. 255222; Countv vs. Citv of San Bernardino (ROA) - San Bernardino Superior Court Case No. 258241; City of Indians. 6899 WJR San et al (Bx); Bernardino vs. San Manuel Band of Mission - United States District Court - Case No. 85- Saab vs. Citv of San Bernardino - Fourth District Court of Appeals Case No. E008652; Citv of San Bernardino vs. Patrick Media/Gannett Outdoor. et al - Riverside Superior Court Case No. 205749; Citv of San Bernardino vs. Liberty Cable T.V.. et al- United States District Court Case No. 82-6876 WMB; City of San Bernardino vs. County of San Bernardino. et al- Riverside Superior Court Case No. 207900; Hesterley vs. City of San Bernardino Superior Court Case No. 260468; San Bernardino Tomas Armendariz. et al vs. James F. Penman. et al - United States District Court Case No. 91-5757 CMB (WRx); Matthew Hobbs vs. City of San Bernardino. et al San Bernardino Superior Court - Case No. 250971. Citv of San Bernardino vs. Oominouez Bankruptcy Court - LA 88-01375-WL. United States 2 1/21/92 CLOSED SESSION At 8:32 a.m., Mayor Holcomb 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 Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney. Absent: Council Member Pope-Ludlam; City Administrator Clark. Also present were: Deputy City Attorney Simmons; Deputy City Attorney Skropos; and Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office. CITY ADMINISTRATOR CLARK ARRIVED At 8:36 a.m., City Administrator Clark arrived at the closed session. DEPUTY CITY ATTORNEY SIMMONS EXCUSED At 8:37 a.m., Deputy City Attorney Simmons left the closed session. COUNCIL MEMBER At 8:41 a.m., closed session. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the regular, supplemental, and Community Development Commission agendas while the Council was in closed session. ADJOURN CLOSED SESSION At 8:47 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 9:32 a.m., Mayor Pro Tern Minor reconvened the regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Pro Tern Minor; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Mayor Holcomb; Council Member Pope-Ludlam. 3 1/21/92 INVOCATION The invocation was given by Rev. Frank Gray, St. Paul AME Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Estrada. ANNOUNCEMENT COUNCIL MEMBER MAUOSLEY RELATING TO CONDITIONS ON NORMAN ROAD CONCERN (2) Council Member Maudsley expressed concern blighted conditions, over-flowing refuse bins, trash on vacant lots on Norman Road. relative to the and dumping of COUNCIL MEMBER At 9:39 a.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the PUBLIC COMMENTS - DICK STEINBECK (3) Dick Steinbeck, 1277 West 29th Street, San Bernardino, CA, spoke in opposition to an entertainment tax which he felt was "spot" taxing and therefore unconstitutional. PUBLIC COMMENTS - BOB LEWIS (3) Bob Lewis, 693 South "E" Street, San Bernardino, his opposition to an entertainment tax which he felt many entertainment sources in the City to relocate to communities without an entertainment tax. CA, voiced would cause surrounding SERVICE PIN AWARD CEREMONY (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of employees receiving service pin awards. Each employee received a service pin from Mayor Pro Tern Minor in gratitude of his/her many years of dedicated service to the City. WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental, and Community Development Commission agendas, be waived. 4 1/21/92 COUNCIL MINUTES (6) Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: October 21, 1991, November 1B, 1991, and December 2, 1991. SET PUBLIC HEARING MARCH 2 , SOURCE REDUCTION AND RECYCLING HAZARDOUS WASTE MANAGEMENT ELEMENT 1992 PLAN 10:00 A.M.- HOUSEHOLD (7) In a memorandum dated January 9, 1992, Manuel Moreno, Jr., Director, Public Services, stated that on October 7, 1991, the Council opened the first of two State required public hearings. The hearing was continued to December 2, 1991 for the second required public hearing. The hearings are for public comment on the City'S Solid Waste Source Reduction and Recycling Plan, along with the Household Hazardous Waste Element. The October 7th meeting gave the public the opportunity to comment on the draft Plan and Element. The final version of the Plan and Element was expected by November 1, to allow the public the opportunity to comment prior to the second public hearing on December 2. However, the consultant was not able to meet that deadline. The Mayor and Council tabled the second public hearing and adoption of the final version Plan and Element until the documents could be prepared and the CEQA process completed. The final Plan and Element will be published for review on February 1, 1992. It is recommended that the second and final public hearing be set for March 2, 1992. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the second State required public hearing relative to the Source Reduction and Recycling Plan and Household Hazardous Waste Management Element be set for March 2, 1992, at 10:00 a.m. QUALITY IMPROVEMENT PLAN ST. BERNAROINE MEDICAL CENTER - FACILITATE DELIVERY OF PARAMEDIC SERVICES (B) In a memorandum dated January 6, 1992, William Wright, Fire Chief, stated that the Fire Department proposes to establish, at no cost to the City, a formal relationship with St. Bernardine Medical Center. This relationship would focus on the implementation of a Medical Director and Quality Improvement Plan to facilitate the delivery of paramedic service. The Emergency Department staff at St. Bernardine Medical Center will assist the Fire Department in developing our Quality Improvement Program. They will provide a Medical Director and on-duty continuing education programs for our paramedics and work on improving communication between the Fire Department and 5 1/21/92 hospital staff. They will identify areas of potential concern in patient care and record-keeping practices. The effective date of implementation of this program is scheduled for January 1, 1992. This program is mandated by Title 22, California Code of Records. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the City Attorney be directed to prepare the appropriate documentation to establish a formal relationship with St. Bernardine Medical Center for the purpose of facilitating the delivery of paramedic services by establishing a Quality Improvement Plan and the position of Medical Director as required by the provisions of Title 22, of the California Code of Records. LYTLE CREEK COMMUNITY CENTER - $950 - TELEVISION/VCR (9) In a memorandum dated January 10, 1992, Annie Ramos, Director, Parks, Recreation, and Community Services, stated that the acquisition of a television for Lytle Creek Center would enable the staff to meet a wider range of interest for the center patrons. The television would be used primarily by the seniors who patronize the facility for the Senior Nutrition Program and other senior programs. The unit to be selected includes a built- in VCR which will allow for the viewing of informational and educational programs. Several of the city's community centers also have television sets. The television was recommended by the Lytle Creek Center Advisory Board. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that $950 from Third Ward Park Extension Funds for the acquisition of a television/VCR for Lytle Creek Community Center, be approved. CONCRETE STREET - ADVERTISE BLOCK SOUNOWALL, ROUTE 30/330 AT BUCKEYE TRANSFER FUNDS, PLANS AND AUTHORIZATION TO FOR BIDS (10) In a memorandum dated January 8, 1992, Roger Hardgrave, Director, Public Works/City Engineer, stated that plans for the construction of a concrete block soundwall at Route 30/330, along the rear property line of the lots fronting on Buckeye Street, have been prepared and the project is ready to be advertised for bids. The project consists of installing an eight-foot high concrete block wall along the twenty of twenty-five lots that granted the City a right-of-entry. The total estimated project cost is $66,000. An amount of $63,000 has been allocated from the 1/2 cent sales tax, local funds to finance the costs of this project. 6 1/21/92 Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the transfer of $3,000, from Account No. 129-309-57837, "Widen Tippecanoe Avenue (east side), from I-IO to Hardt Street," to Account No. 129-309- 57769, "Soundwall, Route 30/330 at Buckeye Street," be approved; and that the plans for construction of a concrete block soundwall, along Route 30/330 at Buckeye Street, in accordance with Plan No. 8645, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. RENOVATION - OELMANN HEIGHTS COMMUNITY CENTER SWIMMING POOL - APPROVAL of PLAN - ADVERTISE FOR BIDS (11) In a memorandum dated January 7, 1992, Roger Hardgrave, Director, Public Works/City Engineer, stated that plans for renovating the Oelmann Heights Community Center swimming pool have been completed and the project is ready to be advertised for bids. The project consists of sandblasting and replastering the pool, replacing damaged improvements, repairing leaks, and general clean-up. The total estimated project cost is $4B,000. An amount of $90,145 has been allocated from COBG funds to finance the cost of this project. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the plans for renovation of the Oelmann Heights Community Center swimming pool, in accordance with Plan No. 8630, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. CONSTRUCTION OF SINGLE FAMILY HOUSE AT MEYERS ROAD WESTERLY OF LITTLE LEAGUE DRIVE - CONNECT TO SEWER SYSTEM - WAIVER OF REQUIREMENT - JAMES & IDA JOHNSON (12) In a memorandum dated December 19, 1991, Roger Hardgrave, Director, Public Works/City Engineer, stated that a request had been received from James and Ida Johnson for a waiver of the requirement to connect to the City sewer system. This request is for a single-family home to be constructed on a 2.5 acre parcel on Meyers Road. The nearest sewer is located at the intersection of Little League Drive and Meyers Road. In order to serve the proposed single-family residence, it would be required to extend the sewer across Meyers Creek, and up the steep hill west of this watercourse. The lot in question is larger than 1/2 acre, and the existence of Meyers Creek would preclude the practical extension of a sewer line to serve this development. It is recommended that the request for a waiver be approved. Granting a waiver to connect to the City sewer system will not be considered as permission to install a septic tank, and the applicant will be required to obtain a permit through the normal environmental review and approval process. 7 1/21/92 Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that Sewer Waiver Request No. 91-02, for construction of one single-family house on an existing parcel located at 3923 Meyers Road, westerly of Little League Drive (APN 348-111-45), requesting a waiver of requirement to connect to the sewer system, be approved. CLAIMS AND PAYROLL ( 13) Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated January 2, 1992, from the Director of Finance, be approved. JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (15) Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to February 17, 1992. RES. 92-10 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE UPDATED TRIP REDUCTION PLAN AS REQUIRED BY THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, BY THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY. (16) RES. 92-11 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (Weed Abatement) (22) Council Member Hernandez made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 92-10 following vote: Ayes: Hernandez, Maudsley, Minor, Absent: None. and 92-11 were adopted Council Members Estrada, Pope-Ludlam, Miller. Nays: by the Reilly, None. PERSONNEL ACTIONS - CONTINUED FROM DECEMBER 16, 1991 (14) This is the time and place continued to for consideration of personnel actions submitted by the Chief Examiner in accordance with all administrative regulations of the City of San Bernardino. 8 1/21/92 Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated January 8, 1992, in accordance with all administrative regulations of the Ci ty of San Bernardino, be continued to later in the meeting. (See page 36) RES. 92-12 - RESOLUTION OF ADOPTING A POLICY ON DRUG EMPLOYMENT. THE CITY OF SAN BERNARDINO TESTING OF APPLICANTS FOR ( 17) ~iscussion ensued regarding the costs involved in drug testing applicants for employment. Council Member Estrada made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution Ayes: Council Minor, Miller. None. No. 92-12 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Maudsley, Nays: Council Member Pope-Ludlam. Absent: Shauna Clark, City Administrator stated that from January 1, through December 31, 1991 the City spent approximately $28,000 on physical examinations for prospective employees. Following discussion, Council Member Pope-Ludlam changed her vote. Council Member Estrada made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 92-12 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 92-13 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SINFONIA MEXICANA COMMITTEE OF SOUTHERN CALIFORNIA FOR THE PROMOTION OF ARTS AND CULTURE. (lB) RES. 92-14 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE SYMPHONY ASSOCIATION OF SOUTHERN CALIFORNIA FOR THE PROMOTION OF ARTS AND CULTURE. (19) RES. 92-15 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH INLAND EMPIRE OPERA ALLIANCE OF SOUTHERN CALIFORNIA FOR THE PROMOTION OF ARTS AND CULTURE. (20) 9 1/21/92 RES. 92-16 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION OF SOUTHERN CALIFORNIA FOR THE PROMOTION OF ARTS AND CULTURE. (21) Council Member Estrada explained that the proposed budget reduction of 5% for civic and cultural organizations could still be met by having the cultural portion of the fund absorb the reduction, which would allow the continuation of many current fine arts programs. Council Member Minor made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolutions 92-13, 92-14, 92-15, and 92-16 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED, IN PART, "A RESOLUTION . . ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS, ALLEYS, OR PORTIONS THEREOF, AND OTHER CITY PROPERTY. . .;" AND AUTHORIZING THE REMOVAL OF THE TWO-HOUR PARKING LIMITATION ON THE OFF-STREET PARKING LOT LOCATED ON THE SOUTHEAST CORNER OF "En STREET AND COURT STREET, EXCEPTING THE WESTERNMOST ROWS (20 SPACES), AND THE THREE EASTERNMOST ROWS (77 SPACES). (23) Discussion ensued regarding the negative impact it would have on the local businesses downtown in removing the two hour parking limitation on a number of the parking spaces in the parking lot located at the corner of "En and Court Streets. Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that said resolution be denied. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 10:10 a.m., Council Member Pope-Ludlam left the Council meeting. RES. 92-17 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JAYKIM ENGINEERS, INC. RELATING TO THE PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR IMPROVEMENT OF TIPPECANOE AVENUE (EAST SIDE), FROM LAURELWOOO ROAD TO HARDT STREET. (24 ) 10 1/21/92 Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution Ayes: Council Minor, Miller. Ludlam. No. 92-17 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Maudsley, Nays: None. Absent: Council Member Pope- COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. PUBLIC HEARING IMPOSING LIENS ON PROPERTY- UNCOLLECTED BUSINESS LICENSE FEES (25) This is the time and place set for a public hearing relative to imposing liens on real property located within the City of San Bernardino for uncollected business license fees for the renting or leasing of dwelling units. In a memorandum dated December 30, 1991, Rachel Krasney, City Clerk, requested authorization to impose liens on certain parcels of property for uncollected business license fees. City Clerk Krasney stated that the resolution should be amended by deleting the following addresses: 386 W. 48th Street and 2748 Arden. Mayor Pro Tern Minor opened the public hearing. Porfirio G. Martinez, 2276 Greenwood, San Bernardino, CA, owner of property located at 801 S. "J" St., San Bernardino, CA, requested a continuance until February 21, 1992 to allow him time to pay the business license fee. RES. 92-18 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS LICENSE FEES. 575 N. CHESTNUT, 1043 W. 24TH ST., 2603 CEDAR AVE., 1163 SPRUCE, 2679 GENEVIEVE, 239 E. 11TH ST., 801 S. "J" ST., 2423 HARRISON, 1039 MAIN ST., 3185 N. "0" ST., 1487 AND 1487 1/2 BELLE, 6015 N. GREGORY, 5975 N. GREGORY, 6077 N. WALNUT, 2823 W. STEPHANIE, 5935 N. WALNUT AVE., 1525 FLORES, 1515 FLORES, 1253-57 N. "0" ST., 1493-97 N. BELLE AND 164 W. OLIVE ST. (25) Council Member Miller made a motion, seconded by Council Member Hernandez, to suspend the imposition of the lien on property located at 801 S. "J" Street until February 21, 1992, and authorize City Clerk to proceed with the lien if it is not paid by February 21, 1992. 11 1/21/92 The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller. Nays: None. Absent: None. Abs tain: Council Member Pope- Ludlam. Council Member Miller made an additional motion, seconded by Council Member Estrada, that the hearing be closed, and that said resolution be adopted as amended to delete 386 W. 48th St. and 2748 Arden. Resolution No. 92-18 was adopted as amended by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller. Nays: None. Absent: None. Abstain: Council Member Pope-Ludlam. RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS PROPOSED CHARTER AMENDMENTS RELATING TO THE POWERS AND DUTIES OF THE MAYOR AND COUNCIL AND REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTIO~ BE CONSOLIDATED WITH THE PRIMARY ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. (27) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO THE POWER OF THE COMMON COUNCIL TO DISMISS OR SUSPEND CITY EMPLOYEES, TO GIVE THE MAYOR AND COUNCIL CERTAIN APPOINTIVE POWERS, AND AUTHORIZING THE MAYOR AND COUNCIL TO ESTABLISH THE OFFICE OF THE CITY ADMINISTRATOR. (2B) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY GIVING THE COMMON COUNCIL THE AUTHORITY TO OVERRIDE AN EXECUTIVE ORDER OF THE MAYOR BY 2/3 VOTE. (29) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY PROVIDING THAT THE COMMON COUNCIL SHALL SELECT THE CHAIR WHO SHALL PRESIDE AT ALL MEETINGS OF THE COUNCIL. (30) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY CHANGING THE TERM OF OFFICE OF THE MAYOR FROM FOUR YEARS TO TWO YEARS. (31) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY SETTING THE SALARY OF THE MAYOR AT 60% OF THAT FOR A MUNICIPAL COURT JUDGE. (32) 12 1/21/92 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY TRANSFERRING CERTAIN POWERS PRESENTLY EXERCISED BY THE MAYOR AND COUNCIL JOINTLY TO THE MAYOR ALONE. (33) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY CHANGING THE DATES OF THE CITY PRIMARY AND GENERAL ELECTIONS AND THE DATES ON WHICH CITY OFFICERS ASSUME OFFICE. (34) It was the consensus of the Council that the proposed charter amendments, items twenty-seven through thirty- four, be continued to later in the meeting. (See page 26) AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SUBSECTION 8.90.050.B.2 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ALLOWED RENTAL RATE INCREASES UPON THE SALE OF MOBILE HOMES IN MOBILE HOME PARKS. First (35) A discussion was held relative to an ordinance recently enacted in the City of Rialto relating to mobile homes. The Council requested that City Attorney Penman review the City of Rialtd's newly-enacted mobile home ordinance. Council Member Reilly made a motion, seconded by Council Member Estrada, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: None. APPEAL CORRECT HEALTH AND SAFETY VIOLATIONS- REHABILITATE STRUCTURES 1246 WEST RIALTO AVENUE- EDWARD DUKE - CONTINUED FROM DECEMBER 16, 1991 (36) This is the time and place continued to for consideration of an appeal of the Board of Building Commissioners' findings to require the property owner to rehabilitate the structures located at 1246 West Rialto Avenue. Al Boughey, Director, Planning and Building Services, stated that the work on the structure was progressing satisfactorily, and that the units were not occupied. 13 1/21/92 Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appeal of the Board of Building Commissioners' findings to rehabilitate structures located at 1246 West Rialto Avenue be continued; and that the Director of Planning and Building Services return to give an oral report relative to the status of the rehabilitation of the structures located at 1246 West Rialto Avenue, on February 17, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. WAIVER OF FEES - CO-SPONSORSHIP - BLACK HISTORY PARADE - USE OF CITY FORCES - FEBRUARY 1, 1992 (37) In a memorandum dated January 13, 1992, Fred Wilson, Assistant City Administrator, stated that the San Bernardino Black Culture Foundation will conduct its annual Black History Parade on February 1, 1992. He stated that the Foundation has requested financial assistance through co-sponsorship of the parade, and the waiver of fees charged for the use of City manpower and equipment. The estimated fees for Parks, Recreation and Community Services are $4,755.44, Public Services are $414.87, Public Works/Engineering are $1,214., and Police Department fees of $8,533. The Foundation has requested a total estimated waiver of fees in the amount of $14,917.31. Jean Anderson, 3309 N. "H" Street, San Bernardino, CA, spoke in opposition to allowing fees to be waived during the tight budget times the City is experiencing. She stated that the City should either impose the fees for use of City manpower and equipment on every organization conducting this type of activity or to eliminate the policy implementing the fees. Discussion ensued regarding the City's funding of events conducted by non-profit organizations, and how departments providing services for these types of events are impacted by complying with the requests for City manpower and equipment. Margaret Hill, Black Culture Foundation, stated that the Foundation was requesting approximately $7,000 in cash subsidies from the Ways & Means Committee. This is in addition to the fees in the amount of $14,917.31 being waived for services by city forces. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that the Black History Parade scheduled for February 1, 1992, be co-sponsored by the City as a promotional event and that Police overtime costs, Public Services street sweeping costs, Park, Recreation, & Communi ty Services labor/equipment costs and Traffic Engineering barricade placement and manpower costs in the amount of $14,917.31, be waived. The motion carried by the following vote: Ayes: Council 14 1/21/92 Members Miller. Estrada, Reilly, Hernandez, Nays: Council Member Minor. Maudsley, Pope-Ludlam, Absent: None. RECESS MEETING At 10:37 a.m., Mayor Pro Tern Minor declared a five-minute recess. RECONVENE MEETING At 10:48 a.m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: None. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN AMENDMENT NO. 1 TO AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE INLAND VALLEY DEVELOPMENT AUTHORITY AND RESCINDING ITS RESOLUTION NO. 91-504 AND CERTAIN PRIOR ACTIONS TAKEN IN CONNECTION THEREWITH. (26) Mayor Holcomb stated that the Inland Valley Development Agency has proposed amendments to the Joint Exercise of Powers Agreement with the cities of San Bernardino, Lorna Linda, Colton and the County of San Bernardino. The Joint Powers Agreement was formed for the purpose of determining whether the redevelopment of Norton Air Force Base and adjacent properties would be feasible for the purposes of preserving and creating employment opportunities necessitated by the closure of Norton Air Force Base. Mayor Holcomb explained that the proposed Joint Powers Agreement amendments relate to the members' voting power, and the election and authority of the Chairperson and other officers. A discussion was held regarding the positive and negative aspects of the proposed amendments to the Joint Powers Agreement. It was the consensus of the Council that the Chairperson of the Inland Valley Development Agency should be a representative from the City of San Bernardino. Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be denied. The motion carried by the following vote: Members Estrada, Reilly, Hernandez, Maudsley, Ayes: Council Pope-Ludlam, 15 1/21/92 Miller. Nays: Council Member Minor. Absent: None. Jim Lynas, 1160 E. Sonora, San Bernardino, CA, stated that the proposed joint powers amendments relative to voting power and Chairmanship should be divorced into two separate amendments which can then be voted upon separately. CITY ADMINISTRATOR CLARK EXCUSED At 11:31 a.m., City Administrator Clark left the Council meeting. CITY ATTORNEY PENMAN EXCUSED At 11:31 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:31 a.m., Chairman Holcomb called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RES. 92-19 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE STATE COLLEGE REDEVELOPMENT PROJECT AREA OF ASSISTING IN THE REHABILITATION OF A LOW AND MODERATE INCOME RENTAL HOUSING PROJECT. (R-5A) RES. 92-20 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PROVISIONAL ACCELERATED LEARNING CENTER FOR COLLATERALIZED MORTGAGE OBLIGATION RESIDUAL FUNDS IN THE AMOUNT OF $83,041.76. (R-6) Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolutions be adopted. Resolution Nos. 92-19 following vote: Ayes: Hernandez, Maudsley, Minor, Absent: None. and 92-20 were adopted Council Members Estrada, Pope-Ludlam, Miller. Nays: by the Reilly, None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PARKING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KAUFMAN-WALD INVESTMENT COMPANY, A CALIFORNIA CORPORATION, BY THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY. (Continued from January 6, 1992) (5-1) Discussion ensued regarding the need for more parking in the downtown area, parking for employees of the County of San 16 1/21/92 Bernardino, and the possibility of implementing a sticker parking system for the downtown area. Peggy Ducey, Assistant to the City Administrator, explained that Kaufman-Wald Investment Company has agreed to allow cars to park in the lot without receiving citations on evenings when performances are being held at the California Theatre. Mayor Holcomb requested that staff contact Kaufman-Wald Investment Company in an effort to determine whether Kaufman-Wald would allow a restriction to be placed in the agreement specifying the days and time that the parking spaces would be designated, and when the spaces could be made available to the general public. CITY ADMINISTRATOR CLARK RETURNED City Administrator Clark returned to the Council meeting and took her place at the council table. It was the consensus of the continued to later in the meeting. Council that (See page 28) this i tern be LUNCHEON WORKSHOP (38) City Administrator Clark stated that the previously scheduled luncheon meeting to discuss the function of sales tax within the City of San Bernardino has been cancelled; however, she recommended that the Council review the proposed budget reduction options available. She stated that new proposals would not be presented, and that she would advise the public of the content of the discussion when the regular meeting reconvened at 2:00 p.m. RECESS MEETING At 11:58 a.m., the regular meeting of the Mayor and Common Council recessed to a luncheon workshop in the Management Information Center, (MIC) Room, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING - LUNCHEON WORKSHOP - BUDGET REVIEW (38) At 12:30 p.m., the regular meeting of the Mayor and Common Council reconvened in the Management Information Center, (MIC) Room, Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California, to review and discuss the budget. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Maudsley, Minor, pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Council Member Hernandez. 17 1/21/92 Also present were: Senior Assistant City Attorney Barlow; Fred Wilson, Assistant City Administrator; Peggy Ducey, Assistant to the City Administrator; Andrew Green, Director of Finance; and Timothy Steinhaus, Agency Administrator, Economic Development Agency. LUNCHEON WORKSHOP - BUDGET REVIEW (38) The Council discussed the proposed budget reduction options available in order to meet the $6 million revenue shortfall. A discussion was held regarding the option of expanding the scope of the utility tax to include the water utility. Mayor Holcomb explained that the Water Department currently pays the City a 10% administrative fee to cover overhead costs. Discussion ensued regarding the calls that have been received from citizens opposed to any cuts in the Police or Fire departments, Sturges Auditorium, Little League programs, closing community centers or laying off crossing guards. There was a discussion regarding increasing the utility tax provided there was a sunset clause included which would reduce the tax back to 8% in a specific number of years. Discussion ensued regarding the number of citizens utilizing the community centers, Sturges Auditorium and the West Side Service and Postal Collection Center. A discussion was held relative to the option of contracting out for essential and non-essential City services. The Council discussed the possibility of conducting a time-in-motion survey (departmental audit) of all City departments as a way to prioritize and determine which services could or could not be contracted for with outside providers. The options were discussed of reducing the City employees salaries, reducing the Public Employees Retirement System (PERS) retirement contribution, or reducing the health benefits of City employees. The Council discussed Charter Section 186 which prohibits the reduction of salaries for police and fire personnel, and the current Memorandum of Understanding (MOU) of each bargaining unit. The Council discussed the possibility of changing the working shifts of city employees to reduce the number of paid hours worked. The Council directed the City Attorney to prepare a legal opinion relative to the ways that the Council can unilaterally reduce city employees' salaries without requiring consent from the employee bargaining groups, and that this reduction would 18 1/21/92 include all bargaining groups personnel. including police and fire Discussion ensued regarding the constant manning level policy currently in effect at the Fire Department. A discussion was held regarding the option of obtaining funds from the Economic Development Agency (RDA), and what impact it would have on future redevelopment projects. Mayor Holcomb recommended that the Council adopt the budget reduction measures designed to help the City financially for the long run, and not to adopt measures that would only help the immediate financial situation. There was no action taken during this luncheon workshop. RECESS MEETING At 1:45 p.m., the luncheon workshop recessed to the regular meeting of the Mayor and Common Council of the City of San Bernardino, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:01 p.m., Mayor Holcomb called the regular meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney. Absent: Council Member Maudsley; City Administrator Clark. APPEAL - REVIEW PERMIT NO. 91-22 AND WINE 505 JANUARY 6, 1992 OF PLANS NO. 89-40 - CONDITIONAL USE - DELICATESSEN/MARKET - SALE OF BEER S. PEPPER AVENUE CONTINUED FROM (39) This is the time and place continued Review of Plans No. 89-40, Amendment Conditional Use Permit No. 91-22. to for an appeal of to Conditions, and In a memorandum dated January 13, 1992, Al Boughey, Director, Planning and Building Services, stated that on January 6, 1992, the Mayor and Council upheld the applicant'S appeal, and approved Review of Plans No. 89-40 (Amendment to Conditions) and Conditional Use Permit No. 91-22 in concept and referred the matter back to staff to develop conditions of approval and positive findings of facts. Staff was directed to limit the duration of the conditional use permit (C.U.P.) to one year, 19 1/21/92 requiring the applicant to apply for a new conditional use permit upon expiration of Conditional Use Permit No. 91-22. The Police Department has suggested additional conditions be imposed that staff is not supporting. Staff has concerns relative to limiting the duration of Conditional Use Permit No. 91-22 to one year, and imposing the requirement for a new C.U.P. application after one year. The new C.U.P. application would be subject to the new Development Code as is stipulated in the provision that any application filed and accepted as complete after the effective date of the Development Code shall be processed in compliance with the Development Code. A new C.U.P. could not be approved as the project is not in compliance with the new Development Code standards. Staff recommends that Conditional Use Permit No. 91-22 be approved with the condition that it be reviewed in a public hearing held by the Planning Commission after one year of operation to determine whether or not the business would be allowed to continue or revoke the C.U.P. COUNCIL MEMBER MAUDSLEY RETURNED At 2:03 p.m., Council Member Council meeting and took his place at Maudsley returned the council table. to the Mayor Holcomb opened the hearing. John Lightburn, P. O. Box 1622, San Bernardino, CA, representing Mr. Askar, stated that on page nine of the Standard Conditions, item sixteen stipulates that "beer and wine shall be kept in coolers under lock and key accessible only by the clerk on duty .". He suggested that the owner be permitted to install an electronically-locked cooler in order to allow the clerk to permit access to the cooler by a control system located in the counter area. Mr. Lightburn stated that the owner has also agreed to install a video surveillance system with four cameras located inside the store and two cameras outside the store to ensure the store's security. Discussion ensued regarding the conditions suggested by the Police Department. Council Member Hernandez made a motion, seconded by Council Member Estrada, that the hearing be closed and that the Mayor and Council uphold the appeal and approve Review of Plans No. 89-40 (Amendment to Conditions) and Conditional Use Permit No. 91-22 subject to the attached findings of fact (Exhibit A), conditions of approval (Exhibit B), and standard requirements (Exhibit C); and that the following provision be added for the owner to install an electronically-controlled lock instead of a lock and key system; and install a video surveillance system with four cameras inside the store and two cameras outside the store; and not to include the conditions listed on Attachment B-1 from the 20 1/21/92 Police Department. The motion carried by the following vote: Members Estrada, Reilly, Hernandez, Pope-Ludlam, Council Members Maudsley, Minor. Absent: None. Ayes: Council Miller. Nays: APPEAL - CONDITIONAL USE PERMIT NO. 91-28 - VARIANCE NO. 91-08 - SALE OF BEER AND WINE - CONSTRUCTION OF CONVENIENCE STORE - 1255 W. BASELINE - CONTINUED FROM DECEMBER 16, 1991 (40) This is the time and place continued to for consideration of an appeal of Planning Commission's denial of Conditional Use Permit No. 91-28, and Variance No. 91-08, requesting approval of the conditional use permit to permit the sale of beer and wine for off-site consumption, a variance from Development Code Section 19.06.030 permitting a convenience store to be constructed on less than the minimum lot size, and a variance from Code Section 19.26 to permit a reduction in loading space requirements. In a memorandum dated January 9, 1992, Al Boughey, Director, Planning and Building Services, stated that on December 16, 1991, the Mayor and Council directed staff to prepare alternative approaches other than code amendments to allow for approval of this project, and return in thirty days with recommendations. He stated that staff has developed a matrix showing areas of concern for a convenience store with or without alcohol at this location. Based on this information, the only options identified for project approval would be amending the Development Code to revise or delete the distance requirements, or amending the Code to expand the Variance section. The minimum lot size and minimum loading area issues could be resolved by a variance. Staff does not recommend that the distance standards regarding the location of convenience stores be amended, or that the Variance section of the Development Code be amended, and recommends that the Council deny the appeal. Mayor Holcomb opened the hearing. Kenzie Wooten, 1588 Western Avenue, San Bernardino, CA, felt that the project would have been grandfathered in under the old zoning codes had the City contacted him promptly regarding the problems with the check instead of waiting approximately six months. He explained that all of his actions on the project were the result of instructions given to him by City staff who are no longer employed with the City. He explained that he was not aware of the requirement to specifically apply for a beer and wine license, and that he had assumed that his application would allow the sale of beer and wine at the store. City Attorney Penman stated that the original application 21 1/21/92 submitted for this project did not include the provision for the sale of beer and wine. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that the appeal be upheld. The motion failed by the following vote: Ayes: Council Members Estrada, Pope-Ludlam, Miller. Nays: Counc il Members Reilly, Maudsley, Minor. Abstain: Council Member Hernandez. Absent: None. Council Member Hernandez requested that his "Abstain" vote be changed to a "Yes" vote. The motion carried by the following vote: Members Estrada, Hernandez, Pope-Ludlam, Miller. Members Reilly, Maudsley, Minor. Absent: None. Ayes: Nays: Council Council City Attorney Penman ordinances the appeal could could not be granted. explained that based on existing not be legally upheld, and a variance Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, that the City Attorney be directed to prepare a written legal opinion outlining all options available to the Council, and that the appeal be continued, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (Note: There was no vote taken at this time.) Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the appeal of Planning Commission's denial of Conditional Use Permit No. 91-28 and Variance No. 91-08 be reconsidered. Council Member Hernandez made a second substitute motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the City Attorney be directed to prepare and return with a written legal opinion outlining all options available to the Council, and that the appeal be continued until that time, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. APPEAL - VARIANCE NO. 91-16 - SIGNAGE - LARGE SHOPPING CENTERS GATLIN-DOERKEN DEVELOPMENT CORPORATION- CONTINUED FROM DECEMBER 2, 1991 (41) This is the time and place continued to for consideration of an appeal of the Planning Commission's denial of Variance No. 91-16 requesting signage in excess of the permitted numbe~, size and height; and to allow a sign program with additional colors and type styles, for a shopping center located on the north side 22 1/21/92 of Highland Avenue, at the northerly terminus of Boulder Avenue. In a memorandum dated January 9, 1992, Al Boughey, Director, Planning and Building Services, stated that Variance No. 91-16 included eight requests for variance of Development Code sign standards applicable to the proposed shopping center. At its October 29, 1991 meeting, the Planning Commission approved two of the requests for variance, and the other six were denied. On December 2, 1991, the Mayor and Council held a public hearing and discussion ensued regarding the ability of the Council to grant the variance request. The Council referred the sign section of the Development Code to the Legislative Review Committee, and directed staff to evaluate the need for a Development Code amendment to the sign section relative to large retail centers, including regional malls, and return to the Council in forty-five days. Staff has reviewed the Development Code sign provisions, and believes that there are two areas of deficiency: that there are no standards set forth for regional malls, or large shopping centers of thirty or more acres. There are three options for approaching the deficiency: 1) establish maximum standards relative to height and area for signage at these retail centers; 2) establish no standards, and evaluate signage requests at the time of submittal, to be reviewed and approved by the Planning Commission; 3) or to make no changes. In order to properly explore the options and formulate a recommendation, more time is needed. The applicant has consented to the continuance. Mayor Holcomb opened the hearing. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the hearing be continued until April 6, 1992, and that the applicant submit an application to amend the Development Code relative to certain changes in the sign regulations. APPEAL - VARIANCE NO. 91-06 - CONSTRUCT 65-FOOT TALL POLE SIGN - 85 SQUARE FEET OF SIGN AREA PER FACE - 777 N. 6th ST. - JAMES FABIAN (42) This is the time and place set for an appeal relative to the Planning Commission's denial of Variance No. 91-06, requesting approval of a variance from Development Code Section 19.22.150 C (ld) to construct a 65-foot tall pole sign area per face. The appeal was filed by the owner of Oak Tree Inn, C. James Fabian. In a memorandum dated January 7, 1992, Al Boughey, Director, Planning and Building Services, stated that the applicant requests a variance to allow the installation of a 65-foot tall pole sign with 85 square feet of sign area per face. The 23 1/21/92 Development Code permits a maximum height of eight feet and a maximum area of 32 square feet. The property consists of 0.78 acres located at the southeast corner of Sixth and "H" Streets, and is the site of the 58-room Super 8 Motel (formerly Villa Viejo Motel). The land use designation of the site is CR-2, Commercial Regional-Downtown. Staff does not feel that an oversized sign would increase occupancy at the motel in question, given the concentration of hotel/motels in the Hospitality district, and the possible oversaturation of hotel/motels city-wide. Mr. Fabian feels that circumstances applicable to the property and its surroundings warrant the granting of a variance. Mr. Fabian identified the property as the only one at the intersection of "G" and Sixth Streets that does not have freeway visible signage. Mr. Fabian feels that no other alternative to the proposed sign exists which would effectively increase occupancy at the motel, and has agreed that if the variance is approved, he would remove and/or bring all other on-site signage up to Development Code standards. Mayor Holcomb opened the hearing. Jim Fabian, owner, Super 8 Motel, located at the southeast corner of 6th and "H" Streets, San Bernardino, CA, explained that he has owned this motel for twenty years and has made every effort to keep the motel and surrounding area clean of trash and debris. He stated that many of his clients no longer feel safe in the area. He felt that in order for his motel to be competitive in the local market, it was necessary to attract the traveling public from the freeway, and therefore the sign is necessary. He stated that if the larger sign is permitted that he would bring all other existing signs into compliance with the Development Code. John Jacus, Jacus & Associates, 3281 E. Guasti Road, Suite #30'0, Ontario, CA, stated that the motel is one of the best motels located in and around the downtown area. The motel is located at this intersection specifically to take advantage of the freeway traffic, and is the only business at this intersection that does not have a free-standing sign. There are a number of reasons to use a freeway oriented free-standing sign at this location, and this property meets all the State and City requirements for a freeway oriented freestanding sign. City Attorney Penman stated that the factors Mr. Jacus referred to had just been received, and he requested additional time to study them more carefully. Council Member Maudsley made a motion, seconded by Council Member Minor, and unanimously carried, that the hearing be closed; and that the Mayor and Common Council approve Variance No. 91-06 in concept and refer the matter back to staff to 24 1/21/92 develop positive findings of fact; and that all other signs be brought up to Development Code standards. COUNCIL MEMBER ESTRADA EXCUSED At 2:52 p.m., Council Member Estrada left the Council meeting. INITIATE GENERAL PLAN AMENDMENT - NORTH SIDE OF 6TH STREET APPROXIMATELY 203.75 FEET WEST OF THE CENTERLINE OF MT. VERNON AVENUE (43) In a memorandum dated January 9, 1992, Al Boughey, Director, Planning and Building Services, stated that the property contains three parcels of land and is approximately 20,250 square feet in size. The easternmost parcel is developed with a single family use, and the two remaining parcels are vacant. The land uses north and west of these parcels are residential; east and across an alley are commercial uses that front on Mt. Vernon Avenue, and south and across 6th Street, the commercial district extends west to Herrington Avenue. Upon adoption of the General Plan on June 2, 1989, the property was designated CG-4, Commercial General. Prior zoning on the site was "T", Transitional, which indicated that the residential uses were expected to transition to commercial uses. However, the anticipated land use change has not occurred and the site remains in the CG-4 designation with a nonconforming residential use. The site is effectively separated from the commercial district by the alley and the nonconforming residential use. The proposed Mt. Vernon Corridor Specific Plan does not include these three parcels in its area of study. The Planning Commission acknowledged that inclusion of the site in the RS, Residential Suburban, district is appropriate and recommended that the Mayor and Council direct staff to initiate a general plan amendment. However, the General Plan does not contain a policy for a boundary adjustment in this instance and a designation change can only be accomplished by a general plan amendment. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council direct the Planning Division to initiate a General Plan amendment to consider an RS, Residential Suburban, designation for the subject site located on the north side of 6th Street and west of Mt. Vernon Avenue and the alley. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 2: 55 p. m., Council Member Pope-Ludlam left the Council meeting. 25 1/21/92 PROPOSED GENERAL PLAN AMENDMENT STREET BETWEEN STERLING AVENUE AND NORTH OF THE ALLEY SOUTH SIDE ROCA MCKINLEY STREET, (44) o In a memorandum dated January 9, 1992, Norine Miller, Council Member Seventh Ward, stated that the site is designated RS, Residential Suburban, and is developed with multiple family uses similar to the existing apartments to the north of this site which are designated RMH, Residential Medium High. It is recommended that Planning staff initiate a General Plan amendment to designate the area RMH, Residential Medium High. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that the Mayor and Common Council direct Planning staff to initiate a General Plan amendment to consider a multiple family designation for the area on the south side of Roca Street, between Sterling Avenue and the southern extension of McKinley Street, north of the alley. COUNCIL MEMBERS ESTRADA AND POPE-LUDLAM RETURNED At 2:56 p.m., Council Members Estrada and Pope-Ludlam returned to the Council meeting and took their places at the council table. The following resolutions were continued from earlier in the meeting. (See page 12) RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS PROPOSED CHARTER AMENDMENTS RELATING TO THE POWERS AND DUTIES OF THE MAYOR AND COUNCIL AND REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE PRIMARY ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. (27) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO THE POWER OF THE COMMON COUNCIL TO DISMISS OR SUSPEND CITY EMPLOYEES, TO GIVE THE MAYOR AND COUNCIL CERTAIN APPOINTIVE POWERS, AND AUTHORIZING THE MAYOR AND COUNCIL TO ESTABLISH THE OFFICE OF THE CITY ADMINISTRATOR. (28) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY GIVING THE COMMON COUNCIL THE AUTHORITY TO OVERRIDE AN EXECUTIVE ORDER OF THE MAYOR BY 2/3 VOTE. (29) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY PROVIDING THAT THE COMMON COUNCIL SHALL SELECT THE CHAIR WHO SHALL PRESIDE AT ALL MEETINGS OF THE COUNCIL. ( 3 0 ) 26 1/21/92 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY CHANGING THE TERM OF OFFICE OF THE MAYOR FROM FOUR YEARS TO TWO YEARS. (31) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY SETTING THE SALARY OF THE MAYOR AT 60% OF THAT FOR A MUNICIPAL COURT JUDGE. (32) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY TRANSFERRING CERTAIN POWERS PRESENTLY EXERCISED BY THE MAYOR AND COUNCIL JOINTLY TO THE MAYOR ALONE. (33) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY CHANGING THE DATES OF THE CITY PRIMARY AND GENERAL ELECTIONS AND THE DATES ON WHICH CITY OFFICERS ASSUME OFFICE. (34) Mayor Holcomb recommended that the proposed charter amendments be referred to the Charter Revision Committee, appointed by previous Mayor Evlyn Wilcox, for review. He explained that the Charter Revision Committee was a blue ribbon citizens committee that spent two years reviewing the charter. He expressed concern that each proposed charter amendment submitted to the voters would cost the City approximately $8,000. each. Council Member Estrada made a motion, seconded by Council Member Minor, that the Council discuss the proposed charter amendments, items twenty-seven through thirty-four, at this time followed by the public hearing for a budget review. (Note: There was no vote taken at this time.) Mayor Holcomb explained that on December 16, 1991 the Council conducted a closed session to discuss potential litigation against the Mayor. The Council adjourned the closed session and reconvened the meeting and voted on the following action: "Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, that the City Attorney give a report on January 22, 1992, on the Charter from 1905 to present on how to balance the power between the Executive Branch (Mayor) and the Legislative Branch (Common Council); and that the Committee for Better Relations meet with the Mayor prior to January 22, 1992." Mayor Holcomb recommended that any proposed charter amendments be reviewed by the Charter Committee, then allow an 27 1/21/92 opportunity for public comments through a series of public hearings before the Council voted to submit the amendments to the voters. He stated that the proposed charter amendments would not achieve the results desired by the Council Members, and that a better solution would be to work together to solve the conflicts that currently exist between the Mayor and the Common Council. He felt that the Mayor and Council through the committee for better relations with the mayor could solve any difficulties. He felt that the City had much higher priorities than these proposed charter amendments, and energy should be focused on solving other problems such as the budget, redevelopment of Norton Air Force Base, crime, and blight. He felt that the Council should demonstrate a willingness to sit down and talk rather than rush these proposed charter amendments through to the voters. Council Member Hernandez made a substitute motion, seconded by Council Member Reilly, and unanimously carried, that the proposed charter amendments, items twenty-seven through thirty- four, be considered after the budget discussion is completed. (Discussed later in the meeting.) (See Page 36) RECESS MEETING At 3:05 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 3:15 p.m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: None. RES. 92-21 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PARKING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KAUFMAN-WALD INVESTMENT COMPANY, A CALIFORNIA CORPORATION, BY THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY. (Continued from January 6, 1992) (Discussed earlier in the meeting - See page 16) (5-1) Mayor Holcomb explained that the agreement had been revised to stipulate that the parking agreement applies only from Monday through Friday, 6:00 a.m. to 6:00 p.m. Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be adopted. 28 1/21/92 Resolution Ayes: Council Nays: Council None. No. 92-21 was adopted by the following vote: Members Estrada, Minor, Pope-Ludlam, Miller. Member Reilly, Hernandez, Maudsley. Absent: PUBLIC HEARING - BUDGET REVIEW - CONTINUED FROM JANUARY 15, 1992 (NB-1) This is the time and place continued for a public hearing for consideration of proposed budget reduction measures. Mayor Holcomb explained that during the noon luncheon workshop discussion ensued regarding the budget; however, no motions or decisions were made, and no new information was presented to the Council. He stated that the Council had not reached a consensus on which measures to adopt in order to meet this fiscal year's budget shortfall. He felt that there would not be a solution to the budget problems until major issues are addressed, and that it was not in the best interest of the City to adopt short-term measures to quickly fix the budget shortfall through the end of this fiscal year, which ends on June 30, 1992. He stated that if only short-term measures are adopted at this time then the next fiscal year, starting on July 1, 1992, would be much worse because there will no longer be any quick fixes available. He stated that hard decisions must be made and suggested the following two long-term solutions: refinancing of City Hall, and raising revenue through a utility tax increase. He stated that for each revenue source that is voted down, the cuts in programs, services, and employees would have to be larger to balance out the budget. Shauna Clark, City Administrator, stated that the option of having the utility tax apply to the water utility is no longer being proposed because the Water Department currently pays the City a 10% administrative fee to cover overhead costs. She also stated that since January 16th, which was the date of the last public hearing, her office now has approximately ninety pages of calls from the public expressing support or opposition to certain proposals, or asking questions. She stated that acknowledgements would be run on Channel 3 and thanked all the residents who called in their comments. Nanette Porras, 3663 North "D" Street, San Bernardino, CA, stated that she was speaking on behalf of the San Bernardino Art Association. She spoke in opposition to closing Sturges Auditorium, and stated that she would support an entertainment tax, only if it directly funded Sturges Auditorium. Gwendolyn Roberts, 1898 Genevieve Street, San Bernardino, CA, voiced her opposition to closing Sturges Auditorium, and stated that she would support an entertainment tax, only if the funds went directly to supporting Sturges Auditorium. 29 1/21/92 Carl Clemmons, 1940 Baseline, San Bernardino, CA, spoke in opposition to closing the West Side Service and Postal Collection Center. He felt that if the center was closed, the community would be negatively impacted, and suggested that the Economic Development Agency (RDA) subsidize the rent for the center. The Council requested that the Economic Development Agency (RDA) prepare a status report with associated cost analysis on the recommendations made on September 16, 1991, which directed the Economic Development Agency (RDA) to return in two weeks with a recommendation and report on how to deal with upgrading the physical security of the building and possible hiring of a security guard. Rosemary Archer, 450 N. Sperry, Colton, CA, expressed support for the fine arts programs in the City of San Bernardino, even though she does not live in San Bernardino. She expressed support for a 5% entertainment tax instead of 10%, and in keeping Sturges Auditorium open as its programs are an investment in the future of the community. Bob Lewis, 693 South "E" Street, San Bernardino, CA, spoke in opposition to an entertainment tax. Dick Steinbeck, 1277 West 29th Street, San Bernardino, CA, voiced his opposition to an entertainment tax which he felt was an unfair tax because it was a "spot" tax. Allen Simpson, Secretary/Treasurer, San Bernardino/Rialto Fire Fighters Local 891, 371 West 14th Street, San Bernardino, CA, recommended that the Council take the following three actions as an alternative to laying off employees: increase the utility tax to offset layoffs, designate 3/4% for Police, 3/4% for Fire and .5% for the general employees; negotiate and resolve the issue of the County of San Bernardino paying for service to the unincorporated islands along the border of the city limits, this could generate substantial revenue from the County; and immediately direct the Board of Franchises to suspend Courtesy Ambulance's ability to charge for providing advanced life support services. Discussion ensued regarding how residents are billed for ambulance transport and paramedic services provided by the City of San Bernardino Fire Department or Courtesy Ambulance. City Attorney Penman explained that the Franchise Bureau has the authority, when following certain procedures, to halt the ability of Courtesy Ambulance to bill for advanced life support, or to reduce the fee that they are permitted to charge. 30 1/21/92 Council Member Minor made a motion, seconded by Council Member Estrada, and unanimously carried, that the Franchise Bureau be directed to review and investigate the alleged practice of double billing for paramedic service and take whatever action is appropriate to stop such double billing; further, that the Franchise Bureau report back to the Mayor and Council, as soon as possible, the results of their findings and recommended action. Jean Anderson, 3309 North "H" Street, San Bernardino, CA, suggested that the Council take the following actions to reduce the budget deficit: only pay crossing guards for the four hours that they work, not six as is the current practice; reinstate the Junior Patrol to replace paid crossing guards in low traffic areas; have the School District Administrators work two weeks a year as crossing guards in order to be more familiar with the problems inherent to providing this service; institute a licensing program for cats. She stated that unless budget cuts were made that she would not support an increase in the utility tax. Chris Gonzales, President, general unit employees' union, expressed support for a proposal outlined by City Attorney Penman whereby all city employees' salaries would be cut by a percentage ranging from 5% to 25% depending on the employees' salary, including the police and fire employees. Mayor Holcomb explained that the City Attorney has been directed to prepare a legal opinion relative to the ways that the Council can unilaterally reduce city employees' salaries wi thout requiring consent from the employee bargaining groups, and that this reduction would include all bargaining groups including police and fire personnel. Mayor Holcomb outlined the following concerns that should be considered when taking budget reduction measures: to what extent does the Council want to utilize the funds of the Economic Development Agency (RDA); to what extent does the Council want to rely on one time "quick fix" infusions of revenue; does the Council want to refinance City Hall; does the Council want to accept the recommended Department cuts; does the Council want to change election dates to consolidate with the County; does the Council want to impose an entertainment tax, and if so, should non-profit organizations be exempted; does the Council want to increase the utility tax, and if so, should it include a sunset clause; and does the Council want to impose a graffiti tax. Discussion ensued regarding the short-term and long-term budget reduction measures proposed by the City Administrator. City Attorney Penman stated that in conjunction with Tim Sabo, special counsel to the Economic Development Agency, all the agreements relating to the Carousel Mall have been reviewed. He 31 1/21/92 stated that both the security and maintenance agreements stipulate that responsibility and obligation for the mall lies with the Economic Development Agency. Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the hearing be closed; and that the following budget reduction measures be adopted: 1) Change election dates; 2) Combine street lighting & traffic signals; 3) Eliminate Facilities Management Director} 4) Close City Hall during Christmas; 5) Eliminate cellular phones in Police Department; (This does not eliminate the cellular phones; however, it eliminates the charges for air time from the general fund.); 6) 5% reduction for civic and cultural organizations; 7) Change from bi-weekly to semi-monthly payroll; 8) Implement a Refuse Administration Fee; 9) Economic Development Agency to pay for Convention & Visitors Bureau; (Allows the City to bill the Agency back to the start of the fiscal year.); 10) Sell Police Station to the Economic Development Agency; and The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. 11) Police Department reduction of $454,947. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Discussion ensued regarding utilizing the $700,000 currently in the Street Paving Fund for paving of streets city-wide. Council Miller. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that $500,000 of the Street Repair Fund be transferred to the general fund; and that $200,000 be retained in the fund to be utilized for emergency street paving. Mayor Holcomb expressed opposition to utilizing Street Paving Funds. He explained that these funds were obtained from a settlement to the lawsuit between the City and the San Bernardino Water Conservation District and were intended to be used to pay for street repairs caused by high ground water. 32 l/2l/92 Discussion ensued regarding the possibility of using drug asset forfeiture funds to fund the D.A.R.E. program and San Bernardino Community Against Drugs program. A discussion was held regarding the County of San Bernardino providing animal shelter services, and implementing a cat licensing program. Shauna Clark, City Administrator, explained that if a cat licensing program were implemented, the first year of the program would be voluntary compliance and would generate approximately $35,000 in revenue, and that the second year enforcement would commence and would generate approximately $70,000 - $80,000 in revenue. Chris Gonzales, President, general unit employees union, voiced opposition to any personnel cuts in Facilities Management as it would negatively affect the revenue generated from parking tickets. Fred Wilson, Assistant City Administrator, positions proposed to be cut in Facilities currently vacant, and that other employees are up the slack from these vacancies. stated that the Management are currently taking Council Member Estrada made a motion, Member Miller, and unanimously carried, vacant positions in Facilities Hanagement total budget reduction of $65,715: seconded by Council that the following be eliminated for a One Account Clerk, One Custodian, Abatement Program) Parking Control Traffic Signals Division and Street consolidated. One VAP (Vehicle Checker, and that Lights Division be City Administrator Clark expressed opposition to any that would affect fire suppression in the Fire Department. felt that the fire fighters would agree to conduct inspections more frequently in exchange for no reductions in suppression. cuts She fire fire Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, that the following vacant positions in the Fire Department be eliminated for a total budget reduction of $104,000: One Typist Clerk III, One Senior Fire Prevention Officer, and certain materials, supplies and services cuts. Discussion ensued regarding the Economic Development Agency (RDA) paying for the Carousel Mall security and maintenance. 33 1/21/92 Council Member Maudsley made a motion, seconded by Council Member Minor, that the Economic Development Agency pay $322,657 to the City for security at the Carousel Mall. (Note: There was no vote taken at this time.) Timothy Steinhaus, Agency Administrator, Economic Development Agency (RDA) , explained that the Agency could pay $400,000 a year for security at the mall at this time; however, by the year 1994/95 there would be a zero balance in the tax increment fund and another funding source would need to be found. Tim Sabo, special counsel Agency (RDA) , stated that by indebtedness would need to be funding mall security, or the areas. to the Economic Development the year 1994/95 additional created in order to continue option exists to merge project City Attorney Penman stated that the Carousel Mall is viewed as a regional mall, and therefore other RDA project areas would receive benefits from the mall, in addition to the Central City project area. Council Member Estrada made a substitute motion, seconded by Council Member Minor, to instruct the City to prepare for the sale of Pioneer Cemetery, and that the Economic Development Agency purchase the Pioneer Cemetery property located at 7th Street and Waterman Avenue from bond proceeds for approximately $496,000. The motion carried by the following Reilly, Maudsley, Minor, Miller. Nays: Absent: None. vote: Ayes: Estrada, Hernandez, Pope-Ludlam. Discussion ensued regarding crossing guards. Council Member Estrada Member Reilly, that a 1% implemented. made a motion, seconded by Council increase in the utility tax be Discussion ensued regarding the proposed utility tax increase. The motion failed by Members Estrada, Reilly, Hernandez, Maudsley, Minor, the following vote: Ayes: Miller. Nays: Council Pope-Ludlam. Absent: None. Council Members Council Member Hernandez made a substitute motion, to defer the sale of the Pioneer Cemetery property, located at 7th Street and Waterman Avenue, to the Economic Development Agency until the City Attorney has had sufficient time to review the positive and negative impacts of the proposed City employee furlough program 34 1/21/92 and the alleged practice of double billing by Courtesy Ambulance. The motion failed for lack of a second. City Attorney Penman stated that the courts have allowed entertainment taxes to be implemented in cities that have a broad variety of entertainment sources, and do not simply rely on one type of entertainment, such as movie theatres, to generate revenue from the tax. He explained that cities such as Anaheim which has Disneyland, professional sports, movie theatres and other sources of entertainment, is a good example of where an entertainment tax would be successful. He explained that Los Angeles is another good example of where an entertainment tax would be successful. Los Angeles has professional sports, museums, movie theatres and other sources of entertainment. Council Member Maudsley made a motion, seconded by Council Member Miller, that the Economic Development Agency pay $322,657 to the City for security at the Carousel Mall. The motion carried by the following vote: Members Estrada, Reilly, Maudsley, Minor, Miller. Members Hernandez, Pope-Ludlam. Absent: None. Council Member Estrada made a motion, seconded by Council Member Reilly, that a 1/2% increase in utility tax be implemented to contain a sunset clause imposing a review of the 1/2% increase in three years from July 1, 1992. Ayes: Nays: Council Council The motion carried by the following vote: Members Estrada, Reilly, Maudsley, Minor, Miller. Members Hernandez, Pope-Ludlam. Absent: None. Ayes: Nays: Council Council A discussion was departmental cuts. held regarding the proposed non- Fred Wilson, Assistant Administrator, explained that the proposed non-departmental cuts included such items as subscriptions, annual financial audits, the once in every twelve years extra payroll, and employees' separation benefits upon separation from the City. Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that the proposed non- departmental cuts of $90,000, and telephone support cuts of $57,000, totaling $147,000 be implemented. It was explained that these actions totaled budget reductions of $6,045,862; however, this figure does include the line item departmental cuts made at the Mayor and Common Council Meeting of January 15, 1992. 35 l/2l/92 PERSONNEL ACTIONS - CONTINUED FROM DECEMBER 16, 1991- DISCUSSED EARLIER IN THE MEETING - SEE PAGE 8 (14) This is the time and place continued to for consideration of the personnel actions submitted by the Chief Examiner in accordance with all administrative regulations of the City of San Bernardino. Shauna Clark, City Administrator, explained that personnel items numbers twelve and thirteen should be deleted. Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated January 8, 1992, in accordance with all administrative regulations of the City of San Bernardino, be approved, with the deletion of item numbers twelve and thirteen. PLANNING COMMISSION MEETING - RELOCATION (NB-2) Council Member Estrada made a motion, seconded by Council Member Miller, to direct staff to advise the Planning Commission that the Council meeting would be continuing and request that the Planning Commission relocate their scheduled meeting for this evening to the Management Information Center (MIC Room) on the Sixth Floor of City Hall, 300 North "D" Street, San Bernardino, California. The Members Miller. motion carried by the following vote: Ayes: Council Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Nays: Council Member Minor. Absent: None. The following resolutions are continued from earlier in the meeting. (See Page 26) RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS PROPOSED CHARTER AMENDMENTS RELATING TO THE POWERS AND DUTIES OF THE MAYOR AND COUNCIL AND REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE PRIMARY ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. (27) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO THE POWER OF THE COMMON COUNCIL TO DISMISS OR SUSPEND CITY EMPLOYEES, TO GIVE THE MAYOR AND COUNCIL CERTAIN APPOINTIVE POWERS, AND AUTHORIZING THE MAYOR AND COUNCIL TO ESTABLISH THE OFFICE OF THE CITY ADMINISTRATOR. (28) 36 1/21/92 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOS~NG AN AMENDMENT TO THE CHARTER OF SAID CITY GIVING THE COMMON COUNCIL THE AUTHORITY TO OVERRIDE AN EXECUTIVE ORDER OF THE MAYOR BY 2/3 VOTE. (29) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY PROVIDING THAT THE COMMON COUNCIL SHALL SELECT THE CHAIR WHO SHALL PRESIDE AT ALL MEETINGS OF THE COUNCIL. ( 30 ) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY CHANGING THE TERM OF OFFICE OF THE MAYOR FROM FOUR YEARS TO TWO YEARS. (31) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY SETTING THE SALARY OF THE MAYOR AT 60% OF THAT FOR A MUNICIPAL COURT JUDGE. (32) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY TRANSFERRING CERTAIN POWERS PRESENTLY EXERCISED BY THE MAYOR AND COUNCIL JOINTLY TO THE MAYOR ALONE. (33) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY CHANGING THE DATES OF THE CITY PRIMARY AND GENERAL ELECTIONS AND THE DATES ON WHICH CITY OFFICERS ASSUME OFFICE. (34) Mayor Holcomb recommended that the proposed Charter amendments be referred to the Charter Committee for review. Council Member Estrada made a motion, seconded by Council Member Miller, that the Council review the proposed Charter amendments commencing with item number twenty-seven. The Members Miller. motion carried by the following vote: Ayes: Council Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Nays: Council Member Minor. Absent: None. City Attorney Penman read the proposed charter amendments additions relative to the powers and duties of the Mayor and Council. Included in the proposed charter amendments is a request that such special municipal election be consolidated with the primary election conducted by the County of San Bernardino, item number twenty-seven, as outlined in Exhibit A. Discussion ensued regarding the proposed language additions to the following sections: Section 36, Mayor to preside- Absence of Mayor; Section 38, Power of Council to Dismiss; Section 51, Appointments and Vacancies; Section 90, City 37 1/21/92 Administrator; as outlined in Exhibit A. Jim Lynas, 1160 E. Sonora, San Bernardino, CA, stated that if the Mayor and Council would follow Roberts Rules of Order, and eliminate all behind the scenes lobbying relative to city funds, the current conflicts between the Mayor and Council would be eliminated. Council Member Estrada made a motion, seconded by Council Member Miller, that orations be limited to two minutes. The motion carried by the following vote: Ayes: Members Estrada, Hernandez, Minor, pope-Ludlam, Miller. Council Members Reilly, Maudsley. Absent: None. Council Nays: A discussion ensued regarding the possible positive and negative impacts of the proposed charter amendments. Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, to delete the following proposed charter amendment resolution: RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY CHANGING THE TERM OF OFFICE OF THE MAYOR FROM FOUR YEARS TO TWO YEARS. (31) Council Member Minor made a motion, seconded by Council Member pope-Ludlam, for discussion purposes only, to continue the proposed charter amendments, items twenty-seven through thirty- four, to 1:30 p.m., ThurSday, January 23, 1992, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. Council Member Pope-Ludlam withdrew her second. Council Member Minor made a motion, seconded by Council Member Maudsley, that the proposed charter amendments, items twenty-seven through thirty-four, be continued to 1:30 p.m., Thursday, January 23, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Members Reilly, Maudsley, Minor, Pope-Ludlam. Nays: Members Estrada, Hernandez, Miller. Absent: None. Council Council 38 1/21/92 ADJOURNMENT (45) At 7:16 p.m., the meeting was adjourned to 1:30 p.m., Thursday, January 23, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk By :&"~<--</ - ~ J Melanie Vale Deputy City Clerk No. of Items: 60 No. of Hours: 11 39 1/21/92