HomeMy WebLinkAbout06-08-1987 Minutes
City of San Bernardino, California
June 8, 1987
This is the time and place heretofore set for an
Adjourned Regular Meeting of the Mayor and Common Council
of the City of San Bernardino at their Regular Meeting
held on Monday, June 1, 1987, at 9:00 a.m., in the Council
Chambers of City Hall, 300 North "D" Street, San Bernar-
dino, California.
The City Clerk has caused to be posted the Notice of
Adjournment of said meeting held at 9:00 a.m., Monday,
June 1, 1987, and has on file in the Office of the City
Clerk an Affidavit of said posting together with a copy of
said Order which was posted at 4:30 p.m., on Tuesday, June
2, 1987, in the Council Chambers of City Hall, 300 North
"0" Street, San Bernardino, California.
The Adjourned Regular Meeting of the Mayor and Common
Council of the City of San Bernardino was called to order
by Mayor Wilcox at 9:05 a.m., Monday, June 8, 1987, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
INVOCATION
The Invocation was given by Council Member Pope-
Ludlam.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Phil Arvizo,
Executive Assistant to the Council.
ROLL CALL
Roll Call was taken by the City Clerk with the fol-
lowing being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller; City Attorney Penman, City Clerk Clark, City Ad-
ministrator Schweitzer. Absent: None.
BRIEF COMMENTS BY GENERAL PUBLIC
There were no comments presented by the General Pub-
lic. (A)
APPOINTMENT - POLICE COMMISSION - DON BAKER
Pursuant to a memorandum dated May 29, 1987, from
Mayor Wilcox, Council Member Minor made a motion, seconded
by Council Member Maudsley and unanimously carried, that
the appointment of Don Baker, 4364 Scripps Drive, San
Bernardino, CA 92407, to the Police Commission, as re-
quested by Council Member Minor, representing the Fifth
Ward, be approved. (B)
City Clerk Clark administered the Oath of Office to
Mr. Baker.
Counci 1 Member Minor congratulated Mr. Baker and
presented him with a certificate.
NEW PLANNING DIRECTOR - ANNE SIRACUSA
Mayor wilcox introduced the new Planning Director,
Anne Siracusa.
CHANGE OF ZONE NO. 87-6 - FROM R-l, SINGLE-FAMILY
RESIDENTIAL TO R-3 MULTIPLE FAMILY RESIDENTIAL _
SEVERANCE AVENUE - NORTH OF 39TH STREET - DAVID
DAY & CHARLES PETTERSEN - CONTINUED FROM JUNE 1, 1987
This is the time and place continued to for consider-
ation of an appeal filed by David Day and Charles Petter-
sen on the Planning Commission's denial of Change of Zone
No. 87-6, to change the land use zoning designation from
R-l Single-Family Residential to R-3 Multiple Family Resi-
dential, on property located on a rectangularly shaped
parcel of land consisting of approximately .29 acres hav-
ing a frontage of approximately 64 feet on the west side
of Severance Avenue and being located approximately 84
feet north of the centerline of 39th Street (3914 Sever-
ance Avenue). (1)
Principal Planner Vince Bautista explained the back-
ground of the request for Change of Zone No. 87-6, which
was unanimously denied at the Planning Commission meeting
of May 6, 1987. Mr. Bautista referred to two letters:
one dated May 12, 1987, from appellants Chuck Pettersen
and David Day, in which they appealed the decision of the
Planning Commission; and a letter dated April 30, 1987,
from Mr. & Mrs. Joseph Ricotti, 3943 Severance, in which
they opposed Change of Zone No. 87-6.
Principal Planner Bautista answered questions regard-
ing the Environment Impact Checklist, and explained that a
number of environmental issues are considered under CEQA,
such as traffic safety and flooding. The fact that Sever-
ance Avenue is substandard, constitutes an enviromental
issue but could be mitigated by improvement of street
pavement. Flooding could be mitigated by raising the pads
above the flood line.
Deputy City Attorney Grace stated that the City does
not have the authority to impose conditions on a zone
change. Therefore, if the zone change were approved with
the condition that the street improvements be done, it
would have to be done at the City's expense. She ex-
plained, however, that at some later time, this cost could
be included in a Conditional Use Permit.
Chuck Pettersen, Appellant, explained the investiga-
tion he and Mr. David Day had done in regard to the pro-
posed development of a three unit complex on the back of
the property located at 3914 Severance Avenue. He stated
it seemed that the change of zone to R-3 was appropriate
in view of surrounding property being zoned R-3 and was in
compliance with the General Plan in the area. Mr. Petter-
sen stated that they felt the complex would provide im-
provements in the area due to the installation of curbs
and gutters.
Mr. Pettersen answered questions, stating there is a
house on the front of the property in question, and ade-
quate room for the proposed three-unit complex. He also
stated there is also adequate room for the required 24
foot driveway.
David Day, 6583 Summit, Highland, Appellant, stated
that the City had sent out approximately 50 letters to
surrounding property owners, and had received only one
letter in protest of the proposed zone change. At the
Planning Commission meeting when this was considered, no
one opposed the development.
Principal Planner Bautista answered questions regard-
ing the land use designation of surrounding properties. He
stated that the major objection to this proposed project
was the safety problem on Severance Avenue as well as at
the intersection of Severance and 40th Street.
Council Member Maudsley made a motion, seconded by
Council Member Flores, to close the public hearing and
uphold the decision of the Planning Commission to deny
Change of Zone No. 87-6.
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6/8/87
The motion carried by the following vote: Ayes:
Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam. Noes: Council Member Miller. Absent:
None.
The Mayor and Council discussed the problems small
developers have in developing their projects and expressed
their desire to assist them in providing them proper
guidelines.
REDEVELOPMENT AGENCY - ADJOURNED REGULAR MEETING
The Adjourned Regular Meeting of the Redevelopment
Agency was called to order by Chairman Wilcox in the
Council Chambers of City Hall, 300 North "0" Street.
ADJOURN REDEVELOPMENT AGENCY MEETING
All Redevelopment Agency business having been com-
pleted, at 10: 18 a.m., the Adjourned Regular Meeting of
the Redevelopment Agency was adjourned.
RECONVENE MEETING
At 10: 18 a.m., the Adjourned Regular Meeting of the
Mayor and Common Council reconvened in the Council Cham-
bers of City Hall, 300 North "0" Street, San Bernardino,
California.
WAYS AND MEANS COMMITTEE REPORT - MAY 26, 1987 -
CONTINUED FROM JUNE 1, 1987
Council Member Estrada, Chairman of the
Means Committee, presented the report of the
Means Committee meeting held on May 26, 1987.
lowing items were discussed:
Ways and
Ways and
The fol-
(2 )
1. Review of Outstanding Purchase Orders -
A briefing was presented by Mr. Dean Meech,
Purchasing Agent, regarding vendor track-
ing, method of listing vendors by commodity
code, and advancements made in purchasing
process under the Management Information
System.
Mr. Meech recommended that the City adopt a
program that would upgrade turned-in ve-
hicles. The process would be similar to
that used by the California Highway Patrol.
It would bring better return to the City
with minimal investment to prepare the
vehicles for sale. The Committee recom-
mended that a proposal be drafted and pre-
sented at the second meeting in June.
2. ~ut~~ense - Cit~ttorney-Elect,
James Penman - The Committee recommended
-------
that the City Administrator study this
issue in concert with Attorney Penman. A
recommendation was to be brought back to
the Committee. Prior to adjournment of the
meeting, Mr. Penman requested withdrawal of
his request. Item tabled.
3. Discussion - Softball Fees - Item con-
tinued. The Committee requested a report
from Mr. Kramer, Parks, Recreation and
Community Services Department, spelling out
the Special Interest Program; the costs
incurred and what City and user pay. Park,
Recreation and Community Services Depart-
ment will include comparisons from other
cities on cost of lights, equipment, admin-
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6/8/87
istration, cost of out-of-town players in
their report to be brought back to the
Committee on June 8th. Additionally, Mr.
Kramer is to meet with the softball mana-
gers in an attempt to identi fy optional
plans the teams can use to raise money.
4. ~ateria~nd E~pment at Convention
Center - Item continued. The City Adminis-
trator will draft a letter for the Commit-
tee to send to the City Bankruptcy Attor-
ney, Mr. Simon, requesting an opinion. The
City Administrator and Public Buildings
Superintendent were requested to provide an
itemized price list of all the equipment
presently stored in the Convention Center.
City Administrator Schweitzer stated that an opinion
from Mr. Simon had been received.
5. Cancellation of Custodial Contracts
-A e r lar;--GTbson;-A""mei1canBU1TdTng Ma i n-
tenance - The Committee recommended that
PUblicBuildings resume custodial services
effective July 1, 1987, for FY 87/88. A
review and evaluation of services from
using departments will be presented to the
Council at the mid-year budget review.
6. Resolution Fixing and Determining Fees
and Charges for Collection and Disposal of
Refuse; R~~lin~esolution 83-245 and
Amendments Thereto - The Committee recom-
mended-Setting-a-public hearing for in-
creasing fees on June 15,1987. Public
Services will provide the Committee a full
report comparing the fees proposed with
other cities for once a week service. The
report is to provide information for resi-
dential and commercial fees separately and
will recommend options available to the
City. An historical view with past costs
(from 1983), costs absorbed by the City,
cost of equipment, labor, landfill, etc.,
will be included. This report is due back
to the Committee on June 8th. Mr. James
French gave a presentation and distributed
a study on a mechanized refuse collection
system.
7. Future Use Profile - Available Studio
~!-2~ation Second Chance Building - Item
continued. The City Administrator is to
provide a full report on the Public Enter-
prise Center Building One, after coordina-
tion with the Redevelopment Agency regard-
ing the use of this building for City func-
tions and to move the Wests ide Drop-In
Center/Utility Collection Center/Post Of-
fice/CATV Studio; and have Redevelopment
Agency to manage during interim period
while recruiting for an operator. (See Item
9, page 11)
Council Member Reilly made a motion, seconded by
Council Member Flores and unanimously carried, that the
minutes of the Ways and Means Committee held May 26, 1987,
be received and filed.
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6/8/87
LEGISLATIVE REVIEW COMMITTEE REPORT - MAY 28, 1987 -
CONTINUED FROM JUNE 1, 1987
Council Member Reilly, Chairman of the Legislative
Review Committee, gave the report of the Legislative Re-
view Committee held on May 28, 1987. The following items
were discussed: (3)
1. Proposed Revisions to Municipal Code
-Requirement for Connection of Developments
to City Sewer System - Item continued.
2. Proposed Revision to MC Section
19.56.420 - Drainage of Storm Waters Over
City Sidewalks Committee recommended
adoption of ordinance.
3. Wai ver of Fees - Construction of Pro-
posed School at Little League Drive/Belmont
Street (Verdemont Area) - Item continued.
The Unified School District will meet with
the City Administrator when specific infor-
mation is available.
4. Cash in Lieu Fee - Downtown Parking
District - Committee recommended recision
of!tfie--in-lieu fee paragraph of the exist-
ing ordinance. The Committee further
recommended that the Council request the
Central Parking Place Commission to study
the parking problems, provide the Committee
some options and recommend a financing
scheme.
Council Member Reilly made a motion, seconded by
Council Member Flores and unanimously carried, that the
in-lieu fee section of the existing parking ordinance be
referred to the Parking Place Commission for a recommenda-
tion as to whether the fee should be increased or deleted;
and that the Parking Place Commission be requested to
re-evaluate and update the past studies on downtown park-
ing solutions and provide the Mayor and Council various
parking options and recommend a financing plan.
5. Resolution Confirming Costs of Abate-
ment of Public Nuisances and Imposing Liens
on Certain Real Property Located Within the
~l!Y for the Costs of Abatement -Committee
recommended adoption of the resolution.
Public Services will review the method of
collection and the legality of adding a
penalty charge when the cost is placed on
the tax rolls. This item will be returned
to the Committee within 30 days. (See Item
No.8, page 9)
6. Review of "No Smoking" Ordinance -After
extensive discussion, the Committee recom-
mended that the Council set a public hear-
ing to review the ordinances. Mr. Weitzman
and Mr. Saldana will provide an ordinance
for review along with the other two ordi-
nances - one from Redlands and the other
from the Clean Indoor Air Coalition.
Mayor Wilcox urged the Council to set a
ing to allow citizens the opportunity to have
matter of a no smoking ordinance.
public hear-
input in the
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6/8/87
r
I
The Mayor and Council discussed the appropriate time
for setting a public hearing. The general consensus was
that many people will be out of town during the summer
months, and there are other more vital issues facing the
City, such as adoption of the budget and the revision of
the General Plan.
Council Member Maudsley made a motion, seconded by
Council Member Estrada and unanimously carried, that the
matter of the proposed smoking ordinance be referred back
to the Legislative Review Committee, and that they have
the task of reviewing some of these other ordinances com-
ing up, and work on preparing a model ordinance for this
City.
Council Member Reilly made a motion, seconded by
Council Member Flores and unanimously carried, that Items
1 through 6 of the Legislative Review Committee Report of
May 28, 1987, be received and filed. Item 7 will be
heard on June 15, 1987.
RECESS MEETING - CLOSED SESSION
At 10:45 a.m., Council Member Minor made a motion,
seconded by Council Member Flores and unanimously carried,
that the Adjourned Regular Meeting of the Mayor and Common
Council recess to a Closed Session pursuant to Government
Code Section 54957 to consider personnel matters in the
matter of hiring and promotion of personnel in the City
Attorney's Office. (4)
CLOSED SESSION
At 10:45 a.m., the Closed Session was called to order
by Mayor wilcox in the Conference Room of the Council
Chambers of City Hall, 300 North "0" Street, San Bernar-
dino, California.
ROLL CALL
Roll Call was taken by the City Clerk with the fol-
lowing being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller; City Attorney Penman, City Clerk Clark, City Ad-
ministrator Schweitzer. Absent: None.
Also present:
to the Mayor.
Richard Bennecke, Executive Assistant
DEPUTY CITY ADMINISTRATOR RICHARDSON ARRIVED
At 11:10 a.m., Deputy City Administrator Richardson
arrived at the Closed Session.
ADJOURN CLOSED SESSION
At 11:17 a.m., the Closed Session adjourned to the
Adjourned 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 11:17 a.m., The Adjourned Regular Meeting of the
Mayor and Common Council reconvened in the Council Cham-
bers of City Hall, 300 North "0" Street, San Bernardino,
California.
ROLL CALL
Roll Call was taken by the City Clerk with the fol-
lowing being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller;
City Attorney Penman, City Clerk Clark, City Administrator
Schweitzer. Absent: Council Member Minor.
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6/8/87
CITY ATTORNEY'S OFFICE - PROMOTIONS AND ADDITIONAL
PERSONNEL - APPROVAL
Council Member Reilly made a motion, seconded by
Council Member Estrada and unanimously carried, that the
following personnel actions be approved: (5)
APPOINTMENTS
City Attorney's Office
Dennis A. Barlow - Sr. Assistant City Attorney -
Range 4170, Step 5 - Effective August 10, 1987 -
Moving Expenses up to $1,000
Denice E. Brue - Assistant City Attorney - Range
4166, Step 3 - Effective July 1, 1987
Charles H. Redd - Deputy City Attorney III - Range
3155, Step 5 - Effective June 18, 1987
PROMOTIONS
City Attorney's Office
John F. wilson - From Deputy City Attorney III to
Deputy City Attorney IV, Range 3162, Step 4 -
Effective June 6, 1987
Cynthia Grace - From Deputy City Attorney II to
Deputy City Attorney III - Range 3155, Step 3 -
Effective June 6, 1987
Loren McQueen - From Deputy City Attorney II to
Deputy City Attorney III - Range 3155, Step 3 -
Effective June 6, 1987
COUNCIL MEMBER MINOR RETURNED
Council Member Minor returned to the Council Meeting
and took his place at the Council Table.
CITY ATTORNEY REQUEST TO TRANSFER RISK MANAGEMENT
DIVISION FROM CITY ADMINISTRATOR TO CITY ATTORNEY -
CONTINUED FROM JUNE 1, 1987
This is the time and place continued to for consider-
ation of the request by the City Attorney to transfer the
Risk Management Division from the City Administrator's
Office to the City Attorney's Office. (7)
City Attorney Penman explained his request to trans-
fer the Risk Management Division from the Office of the
City Administrator to the Office of the City Attorney, and
presented provisions of his request as set forth in a
memorandum dated June 8, 1987, addressed to the Mayor and
Common Council. In his presentation, Mr. Penman elaborated
on the various points and answered questions.
In the memorandum Mr. Penman quotes from the City
Charter as follows:
"The City Attorney shall be the chief legal
officer of the City; . he shall repre-
sent and appear for the City in all legal
actions brought by or against the City,
" (emphasis added).
In the memorandum, Mr. Penman set forth legal duties
which have been assigned to the Risk Management Office in
violation of the Charter, and consequently in violation of
State law and the Constitution of the State of California.
Mr. Penman further presented two legal options for the
Mayor and Council to consider:
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6/8/87
1. Remove all legal functions assigned to the City
Attorney by the Charter from Risk Management and place
them under the City Attorney (i.e. investigation of
claims, advice and decision making on all claims, hiring
of attorneys, working and settlement of all Worker's Com-
pensation cases, etc.). Non-legal department functions
(i.e. safety, health, etc.) should remain under Risk Man-
agement.
2. Transfer supervision of the Risk Management Of-
fice to the City Attorney from the City Administrator as
to legal department functions (as stated in option 1.
preceding) only, retaining under the City Administrator
supervision of the non-legal department functions (as
stated in option 1. preceding).
The memorandum further provided an alternative to the
transfer of the Risk Management Division, that of prepara-
tion of a Charter amendment and presentation of the same
to the electorate.
City Attorney Penman closed the memorandum by advis-
ing the Mayor and Council to immediately correct this
ongoing violation of the Charter, and to bring this City
into compliance with the law.
City Attorney Penman referred to two functions which
had been illegally assigned to the Risk Management Divi-
sion, that of hiring attorneys and investigation of legal
claims. He stressed the importance of the initial inves-
tigation of cases, and stated his office needed authority
to supervise. Mr. Penman stated that although the inves-
tigation would be done under the auspices of the City
Attorney, Risk Management would probably do the actual
investigation after each case had been reviewed by an
attorney.
Mr. Penman also stated he would hire outside Counsel
for some cases, due to conflict of interest, or highly
specialized areas of law. He stated he would request that
the figure of $750,000 presently budgeted for outside
counsel be immediately reduced by $300,000, and perhaps
further reduced in the future.
Mr. Penman answered questions regarding the receiving
of claims in the City Clerk's Office, stating that the
procedure would remain the same.
The Mayor and Council discussed the job description
of the Director of Risk Management.
Mr. Gene Light, Director of Risk Management, stated
that legal advice is given by his division only under the
provisions of the Government Code which deals with rejec-
tions or denial of claims. The exact language is more or
less set forth. He stated that he had always been very
careful in giving legal advice and had consulted with an
attorney.
Mr. Penman recommended that the Council take action
today and suggested that option 2 in the memorandum be
adopted, and that the City Attorney, City Administrator
and Risk Management Director get together and define what
those legal department functions are and bring back to
Council at the July 6, 1987, meeting.
Mr. Gene Light, Risk Management Director, indicated
there are areas other than liability that are handled in
Risk Management, such as safety, Cal Osha, risk identi-
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6/8/87
fication, loss control recovery, Workman Compensation. An
industrial nurse is on staff who is involved in treatment
of minor Workman Compensation type cases. Mr. Light also
raised the question of cases in Small Claims Court where
attorneys are prohibited from participating.
Mr. Light also stated he had planned to request a
reduction in the budgeted amount of $750,000 for the hir-
ing of outside counsel.
Mr. Penman stated he anticipated that most of the
functions now handled by Mr. Light's office will remain
the same and expected very few changes would be made. The
only difference would be that if there were a need to
intervene, there would be authority to do so.
Council Member Estrada made a motion, seconded by
Council Member Pope-Ludlam, and unanimously carried, that
effective immediately, the supervision of the Risk Manage-
ment Office be transferred to the City Attorney's Office
from the City Administrator's Office, as to legal depart-
ment's functions only, and that the City Attorney, City
Administrator and Director of Risk Management work to-
gether to define the legal functions of Risk Management,
and report back to the Council on July 6, 1987.
RECESS ADJOURNED REGULAR MEETING - RECONVENE AT
2:00 P.M.
At 12:10 p.m., Council Member Estrada made a motion,
seconded by Council Member Reilly and unanimously carried,
that the Adjourned Regular Meeting recess and reconvene at
2:00 p.m., in the Council Chambers of City Hall, 300 North
"0" Street, San Bernardino, California.
RECONVENE MEETING
At 2: 13 p.m., the Adjourned Regular Meeting recon-
vened in the Council Chambers of City Hall, 300 North "0"
Street, San Bernardino, California.
ROLL CALL
Roll Call was taken by the City Clerk with the fol-
lowing being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller; City Attorney Penman, City Clerk Clark, City Ad-
ministrator Schweitzer. Absent: None.
RES. 87-188 - 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. (8)
City Clerk Clark read the title of the resolution.
City Administrator Schweitzer and City Clerk Clark
answered questions regarding interest charges on abatement
liens.
Council Member Reilly made a motion, seconded by
Council Member Flores and unanimously carried, that fur-
ther reading of the resolution be waived and said resolu-
tion be adopted.
Resolution No. 87-188 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab-
sent: None.
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6/8/87
REQUEST FROM CITY ATTORNEY TO CONSIDER URGENCY
AMENDMENT TO MUNICIPAL CODE SECTION 19.28.060 _
ZONING - C-3 GENERAL COMMERCIAL DISTRICT _
CONTINUED FROM JUNE 1, 1987
This is the time and place continued to for consider-
ation of a request by the City Attorney to consider an
urgency amendment to Municipal Code Section 19.28.060, C-3
- Zoning, General Commercial District. (6)
Deputy City Attorney Wilson presented an analysis of
the law regarding the adoption of emergency ordinances.
The adoption of an emergency or urgency ordinance has an
effect upon the citizens, as the ordinance goes into ef-
fect immediately, cutting off certain referendum and
initiative rights. An important point is the requirement
that findings must be made to support the adoption. In
order to adopt an emergency or urgency ordinance, the
Council has to find that the health, safety or welfare of
the City of San Bernardino requires such immediate action.
Deputy City Attorney Grace stated that the test for
adopting an urgency clause in an ordinance is very broad.
However, when the ordinance applies to something that is a
project under CEQA, the test becomes narrower. It must be
some kind of natural disaster, such as fire, flood, earth-
quake, or famine. An urgency ordinance cannot be
adopted for a project under CEQA without going through
an environmental assessment to determine if there will be
a significant effect and then taking whatever action is
necessary.
Deputy City Attorney Wilson stated that the matter of
an urgency amendment to Municipal Code Section 19.28.060
concerns a request for a height variance under CEQA,
whereby the ordinance might be adopted under the urgency
provisions and subject to an environmental review under
CEQA.
Deputy City Attorney Grace answered questions, stat-
ing that a commercial developer wanted to increase the
height limit in a building from three stories to four.
The effect of such an amendment would be quite extensive
in the C-3, C-3A Zoning Districts.
Deputy City Attorneys Wilson and Grace answered ques-
tions of the Council regarding emergency provisions and
prior Planning Commission action regarding this matter.
Ms. Grace stated that it had been remanded to the Environ-
mental Review Committee for a liquifaction study.
Deputy City Attorney Wilson stated it was his under-
standing that the decision to remand the matter to the
Environmental Review Committee would be appealed.
A discussion was held regarding the appeal process.
Deputy City Attorney Grace pointed out that anything
is appealable under the provisions of Municipal Code Sec-
tion 2.64.
Council Member Reilly made a motion, seconded by
Council Member Flores and unanimously carried, that the
consideration of an urgency amendment to Municipal Code
Section 19.28.060 be tabled.
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6/8/87
REPORT - RELOCATION OF WEST SIDE DROP-IN CENTER -
WEST SIDE UTILITY COLLECTION CENTER CATV FUNCTION
TO PUBLIC ENTERPRISE FACILITY - EXPANSION OF
DOROTHY INGHRAM LIBRARY - CONTINUED FROM JUNE 1, 1987
This is the time and place continued to for a report
concerning the possible relocation of the West Side Drop-
In Center, West Side Utility Collection Center CATV func-
tion to the Public Enterprise facility (East Building #1)
and the expansion of the Dorothy Inghram Library. (9)
In a memorandum dated June 5, 1987, James Robbins,
Deputy City Administrator/Administrative Services, pre-
sented a report relative to the possible relocation of the
West Side Drop-In Center, West Side Utility Collection
Center, CATV function to the Public Enterprise facility
(East Building #1) and the expansion of the Dorothy
Inghram Library.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Estrada and unanimously carried, that the
proposed lease agreement with RDA for lease of 416 sq. ft.
for the relocation of the Postal and Utility Collection
Center be continued to June 15, 1987, in the Council Cham-
bers of City Hall, 300 North "D" Street, San Bernardino,
California. (9-3)
Dean Gray, Cable Television Coordinator, described
the facility and equipment available in the Carrera Studio
which is being considered for purchase. He stated the
price of $25,000 had been negotiated by Deputy City Admin-
istrator RObbins, and indicated that was the minimum price
that could be obtained.
City Administrator Schweitzer answered questions
regarding fees from the CATV Lawsuit settlement, which are
being used for this project.
Council Member Maudsley made a motion, seconded by
Council Member Estrada, to authorize the purchase of
equipment and improvements from Carrera Studio at a price
not to exceed $25,000. (9-1)
The motion carried by the
Council Members Estrada, Reilly,
Miller. Noes. None. Absent:
Member Pope-Ludlam.
following vote:
Flores, Maudsley,
None. Abstain:
Ayes:
Minor,
Council
The Mayor and Council discussed the problem of van-
dalism at this facility and possible security measures
that could be taken to ensure better protection.
Deputy City Administrator Robbins stated that there
is surveillance equipment in the building and its just a
matter of hooking it up.
Deputy City Administrator Robbins answered questions
regarding the cost of the lease of CATV studio and of-
fices, (1200-1400 square feet) which he estimated would be
$18,000 annually. This is covered in the 87-88 proposed
budget as part of franchise fees and does not detract from
General Fund expenditures.
Council Member Estrada made a motion, seconded by
Council Member Miller and unanimously carried, to author-
ize the City Administrator or his designee to enter into a
lease agreement with RDA for lease of CATV studio and
offices. (9-2)
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Council Member Miller made a motion, seconded by
Council Member Estrada and unanimously carried, to direct
the City Attorney to prepare the necessary agreements with
RDA for the required space. (9-4)
City Administrator Schweitzer agreed to work with the
Redevelopment Agency on security problems, the cost and
possible solutions, and report back to the Council on June
15, 1987
RECESS MEETING - CLOSED SESSION - CONTINUED
FROM JUNE 1, 1987
At 3:00 p.m., Council Member Minor made a motion,
seconded by Council Member Maudsley and unanimously car-
ried, to recess to a Closed Session to meet with its des-
ignated representatives regarding labor relation matters
pursuant to Government Code section 54957.6. (10)
CLOSED SESSION
At 3:00 p.m., the Closed Session was called to order
by Mayor wilcox in the Conference Room of the Council
Chambers of City Hall, 300 North "D" Street, San Bernar-
dino, California.
ROLL CALL
Roll Call was taken by the City Clerk with the fol-
lowing being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller; City Attorney Penman, City Clerk Clark, City Ad-
ministrator Schweitzer. Absent: None.
Also present: Fire Chief Newcombe.
DEPUTY CITY ATTORNEY GRACE ARRIVED
At 3:42 p.m., Deputy City Attorney Grace arrived at
the Closed Session.
ADJOURN CLOSED SESSION
At 3:45 p.m., the Closed Session adjourned to the
Adjourned Regular Meeting in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
RECONVENE MEETING
At 3:45 p.m., the Adjourned Regular Meeting of the
Mayor and Common Council reconvened in the Council Cham-
bers of City Hall, 300 North "D" Street, San Bernardino,
California.
ROLL CALL
Roll Call was taken by the City Clerk with the fol-
lowing being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller; City Attorney Penman, City Clerk Clark, City Ad-
ministrator Schweitzer. Absent: None.
ADJOURN TO MANAGEMENT INFORMATION CENTER (MIC) _
BUDGET PRESENTATION - CONTINUED FROM JUNE 1, 1987
At 3:45 p.m., Council Member Reilly made a motion,
seconded by Council Member Flores, that the meeting be
adjourned to the Management Information Center (MIC),
Sixth Floor, City Hall, 300 North "D" Street, San Bernar-
dino, California, for a budget presentation. (11)
The motion carried by the following vote: Ayes:
Council Members Estrada, Reilly, Flores, Minor, Pope-Lud-
lam, Miller. Noes: Council Member Maudsley. Absent:
None.
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6/8/87
RECONVENE MEETING
At 4:1313 p.m., the Adjourned Regular Meeting of the
Mayor and Common Council reconvened in the Management
Information Center (MIC), Sixth Floor, City Hall, 31313
North "D" Street, San Bernardino, California.
ROLL CALL
Roll Call was taken by the City Clerk with the fol-
lowing being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller; City Clerk Clark, City Administrator Schweitzer.
Absent: City Attorney Penman.
BUDGET PRESENTATION
City Administrator Schweitzer stated an overview of
the previous ten years of the budget would be presented.
City Administrator Schweitzer presented the General
Fund budget to the Council. He explained that budgets for
other funds such as Street Construction Fund and Cemetery
Fund will be presented as soon as possible.
Deputy City Administrator Robbins explained that the
population of the City has grown from approximately
1136,131313 in 1977 to the most recent figure of 141,131313; and
that the City staff had increased from 965 in 1977 to
approximately 1,13213 presently.
Mr. Robbins presented charts showing authorized per-
sonnel figures in all City Departments for the past ten
years and explained increases and decreases which have
occurred over the years.
In a memorandum dated June 8, 1987, Finance Director
Knudson presented a listing of dates of adoption of the
preliminary and final budgets for the ten prior fiscal
years. In nine of the ten years a continuing resolution
was adopted to enable business to be conducted pending
adoption of the final budget. Such resolutions have res-
tricted capital expenditures and personnel changes until
final review and adoption. Mr. Knudson also explained that
it is staff's intent to present a continuing resolution on
June 15, 1987, for Council consideration, so that budget
deliberations may continue past June 313, 1987, if neces-
sary.
Finance Director Knudson presented a chart showing
the General Fund by categories for 1987-88, stating there
was a 3.3 million dollar revenue increase. He explained
revenue generations, giving the background of increased
revenue in sales tax, utility tax, property tax, various
City fees, business licenses, franchise tax and bed tax.
Using a flip chart, Deputy City Administrator Robbins
showed all fund expenditures and he showed that the eight
largest departments use 913% of the revenue. He also
showed the Police and Fire Departments portions of the
budget and carrying over of balances of General Fund.
Deputy City Administrator Robbins presented a chart
showing the differences in revenue received in 1986-87 and
proposed in 1987-88, as follows:
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6/8/87
1986-87 1987-88
Beginning Bal. $ 2,540,422 $ 400,000
Revenue Increase 3,428,854 3,824,262
Revenue Sharing 597,400 - 0 -
Oper. Contingency 1,054,791 250,000
S.B. 300 Fund 337,935 - iJ -
$ 7,959,402 $ 4,474,262
Difference
$3,485,140
A Summary Sheet was presented regarding the General
Fund, with the following summary of budgeted expenditures:
Budgeted Expenditures
1986-87
1987-88
Personal Services
Materials & Servo
Equipment Outlay
Capital Improvement
Dept. Cred i ts
$39,525,543
14,799,881
1,076,813
941,688
(6,805,339)
$38,987,938
15,761,402
1,135,732
103,530
(6,034,294)
Total Budg. Expend.
$49,538,586
$49,954,308
Total Est. Expend. $54,670,551 $54,877,038
(These figures include Total Transfer Out)
CITY ATTORNEY PENMAN ARRIVED
At 5:30 p.m., City Attorney Penman arrived at the
budget hearing.
The Mayor and Council discussed times and dates for
subsequent budget hearings. They agreed to a schedule as
follows:
June 11, 1987 - 1:00 p.m. - 5:00 p.m.
June 20, 1987 - 1:00 p.m. - 7:00 p.m.
June 22, 1987 - 8:00 a.m. - 5:00 p.m.
June 27, 1987 - 8:00 a.m. - 12:00 noon
Mayor Wilcox suggested a Mayor and Council Workshop
be held on or around July 10 or 11, 1987.
ADJOURNMENT
At 5:50 p.m., Council Member Minor made a motion,
seconded by Council Member Flores and unanimously carried,
that the meetiD9 be adjourned to Thursday, June 11, 1987,
at 1:00 p.m., in the Management Information Center (~lIC),
Sixth Floor, City Hall, 300 North "0" Street, San Bernar-
dino, California.
~~~
/' Ci ty Clerk
No. of Items: 12
No. of Hours: 7
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