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HomeMy WebLinkAbout07-27-1987 Minutes City of San Bernardino, California July 27, 1987 This the time and place set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held at 9:09 a.m, Monday, July 20,1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held at 9:09 a.m., Monday, July 20, 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 9:00 a.m., Tuesday, July 21, 1987, in the Council Chambers of City Hall, 300 North "D" 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 Pro Tempore Miller at 1:08 p.m., Monday, July 27, 1987, in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken by Deputy City Clerk South with the following being present: Mayor Pro Tempore Miller; Council Members Estrada, Reilly, Flores, Maudsley, Pope- Ludlam, Miller; City Attorney Penman, Deputy City Clerk South, City Administrator Schweitzer. Absent: Mayor Wilcox; Council Member Minor. PUBLIC COMMENTS There were no public comments. (A) RECESS MEETING - CLOSED SESSION At 1:10 p.m., Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting recess to Closed Session pursuant to the following Government Code Sections: (2 & 3) 54956.9(a) to confer with its attorney regarding pending litigation, which has been initiated formally and to which the City is a party as follows: City of San Bernardino vs California Construction Management;Inc~~ al, Case No. 238755; Saldecke, et al vs. City of San Ber- nardino, et al, Case No. 236836; Cable Lakes Association vs~-Clltj{o~san Bernardino Common Council, et al, Case No. 238714. 54956.9 (b) (1) to discuss pending litigation as there is a significant exposure to litigation regarding the Residents vs. San Bernardino Baseball Club, Inc. "Spirit" and City of San Bernardino, and other items. CLOSED SESSION At 1:10 p.m., Mayor Pro Tempore Miller called the Closed Session to order in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Miller; Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller; City Attorney Pen- man, City Administrator Schweitzer. Absent: Mayor wil- cox; Council Member Minor; Deputy City Clerk South. 1 7/27/87 COUNCIL MEMBER MINOR ARRIVED At 1:15 p.m., Council Member Minor arrived at the Closed Session. MAYOR WILCOX ARRIVED At 1: 20 p.m., Mayor wilcox arrived at the Closed Session. DEPUTY CITY CLERK SOUTH ARRIVED At 2:20 p.m., Deputy City Clerk South arrived at the Closed Session. ASSISTANT CITY ENGINEER KLATT ARRIVED At 2:40 p.m., Assistant City Engineer Klatt arrived at the Closed Session. ASSISTANT CITY ENGINEER KLATT EXCUSED At 2:47 p.m., Assistant City Engineer Klatt left the Closed Session. EXECUTIVE ASSISTANT TO THE COUNCIL ARVIZO ARRIVED At 3:00 p.m., Executive Assistant to the Council Arvizo arrived at the Closed Session. ADJOURN CLOSED SESSION At 3:25 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Adjourned Regular Meeting in the Management Informa- tion Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 3: 25 p.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened 1n the Management Information Center (MIC Room), Sixth Floor of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk South with the following being present: Mayor Wilcox; Council Mem- bers Estrada, Reilly, Flores, Maudsley, Minor, Pope-Lud- lam, Miller; City Attorney Penman, Deputy City Clerk South, City Administrator Schweitzer. Absent: None. READING OF COUNCIL ACTION TAKEN IN CLOSED SESSION Deputy City Clerk South read the following motions made in Closed Session. LITIGATION - CITY OF SAN BERNARDINO VS CALIFORNIA CONSTRUCTION MANAGEMENT, INC. ET AL - SALDECKE & SKY During Closed Session, litigation in the case of City of San Bernardino vs. California Construction Management, Inc. et aI, Case No. 238755 was discussed, and the fol- lowing actIon was taken: (2) Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the City remain mute on the motion of Saldecke & Sky to intervene in the case of City of San Bernardino vs. Cali- fornia Construction Management, Inc., et aI, which is to be heard in court this afternoon; and that the City re- quest the court to make its determination in this matter without further input from the City. 2 7/27/87 LITIGATION - SALDECKE, ET AL VS. CITY OF SAN BERNARDINO, ET AL - JENEL & MONNIG During Closed Session, litigation in the case of Sal- decke, et al vs. City of San Bernardino et al, Case No. 23683~was dTscussed~a1ong with the position of Monnig Development, Inc., dba M.D. I., and The Jenel Company, in this matter. (2) Council Member Reilly made a motion, seconded by Council Member Miller, that the City will present avail- able evidence, but will not argue a position to the court, as to whether or not the groups of Jenel and Monnig had a vested interest. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope- Ludlam, Miller. Noes: Council Member Minor. Absent: None. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, that unless a particular project has a clear, vested right to a permit, as determined by the City Attorney's Office, the City will present evidence to the court, but will take no position as to whether or not they have a vested interest. The motion Council Members Miller. Noes: None. carried by the following vote: Ayes: Estrada, Reilly, Flores, Pope-Ludlam, Council Members Maudsley, Minor. Absent: LITIGATION - CABLE LAKES ASSOCIATION During Closed Session, litigation in the case of Cable Lakes Association vs. City of San Bernardino Common Council, et al, Case No. 238714, was discussed. (2 ) Council Member Minor made a motion, seconded by Council Member Reilly and unanimously carried, that the City Attorney be authorized to file a 100-day Statute of Indemnification against the State of California in the case of Cable Lakes Association vs. City of San Bernardino Common Council, et al. PENDING LITIGATION - SAN BERNARDINO BASEBALL CLUB, INC. - NOISE LEVEL AT FISCALINI FIELD During Closed Session, pending litigation concerning the Residents vs. San Bernardino Baseball Club, Inc. "Spirit" and the City of San Bernardino, was discussed. (3 ) Council Member Reilly made a motion, seconded by Council Member Minor, that an announcement be made public this date that the Mayor is instructed that upon expira- tion of 72 hours after receipt by the San Bernardino Spirit Baseball Club of the City's notice regarding noise levels at Fiscalini Field, if no appeal is filed by the San Bernardino Spirit Baseball Club to the Mayor and Com- mon Council, that the Parks, Recreation and Community Services Department be instructed to have a supervisor monitor the noise level from the neighborhood surrounding the baseball field; if the noise level is found to be too high, that the Police Department be instructed to assist this supervisor in turning down the volume once; if the volume is again raised, they will return to the baseball park and remove the sound box and microphone. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Lud- lam, Miller. Noes: Council Member Maudsley. Absent: None. 3 7/27/87 BUDGET HEARING This is the time and place set for Budget Hearings regarding the Budget for the Fiscal Year 1987/88. ( 1) BUDGET HEARING - LIBRARY Jim Robbins, Deputy City Administrator, provided an overview of the Library Budget Analysis. Steve Whitney, City Librarian, answered questions regarding funding provided for the library by the State of California. Warren Knudson, Director of Finance, read from the State Code regarding requirements to be met for State funding to be considered. City Administrator Schweitzer answered questions regarding State Funding, stating that the City has to fund an amount equal to last year's funding, plus $1.00, in order to qualify for State funds this year. Director of Finance Knudson answered questions, stat- ing that one way to meet the funding requirements would be to raise additional money through local library revenue by increasing some charges for services in the library. Reference was made to a letter dated July 20, 1987, from the Library Board of Trustees, in which they set forth their recommendations for the Budget for 1987-88. City Librarian Whitney answered questions regarding the amount of $782,000 proposed for full-time employees, stating that it includes funds for reclassification ac- tions, which accounted for a large percentage of the in- crease, plus a bilingual librarian at Villasenor Library. City Librarian Whitney answered questions regarding the debt service on the Norman Feldheym Library, which is 30% of the entire library budget. City Librarian whitney answered questions, stating there are 37 full-time and 36 part-time employees in the Library. There are three vacancies in the full-time ranks. CITY ATTORNEY PENMAN EXCUSED City Attorney Penman left the Council Meeting and was replaced by Assistant City Attorney Brue. City Librarian Whitney answered questions regarding the $78,000 which was suggested as an amount to be gener- ated as local library revenue to help meet funding level for State assistance, stating it would come from a combin- ation of library fines for overdue books, charges for security guard fees, and other miscellaneous fees. Mr. Whitney agreed that this was a very optimistic figure. He estimated that the current year's revenue would be between $35,000 and $40,000. Mr. Whitney stated that as of January 1, 1987, the library fines for overdue books were increased from ten cents to twenty cents. City Administrator Schweitzer stated that the local funds needed for receiving State funds cannot be projected funds, but must be actual money received. In the past the City has made up the short-fall. 4 7/27 /87 City Librarian Whitney answered questions regarding savings on utility costs, stating that the Feldheym Library was designed to be energy efficient, so little savings can be achieved in that area, and every effort is being made to conserve energy in other branches. Mr. Whitney answered questions regarding rental fees for use of library facilities, stating that for the long term users, a $100 donation per year is received by the Library. For the short term users, a clean up fee is collected and straight bill back made for any security guard costs. Mr. Whitney stated there is no rental fee for use of the library rooms. The Board of Library Trus- tees conducted a public hearing regarding this matter, and the general consensus was that if rental fees were charged, the groups would go elsewhere to meet. Mr. Whitney answered questions regarding data proces- sing services and charges, stating that the library is three times the size of that operated two years ago, and without the data processing, they would need more staff. Mr. Whitney answered questions regarding the contri- bution "Friends of the Library" make to the library system of books and video movies. Mr. Whitney answered questions regarding the 36 part- time employees, stating that the hours had been cut to ten hours per week, as opposed to the normal 19 hours. The Mayor and Council discussed the library budget figures and the amount of $122,000 that was suggested as the amount the budget is out of balance. City Administrator Schweitzer questioned the $122,000 figure, and pointed out some discrepencies in salary fig- ures. City Librarian Whitney answered questions regarding ways to meet the budget requirements, such as closing one branch completely, or cutting all library facilities across the board by the elimination of part-time employ- ees, and major reductions in library materials. Mr. Whit- ney referred to two plans put forward by the Board of Library Trustees to avoid a shortfall in the 1987-88 bud- get: Plan A: Total closure of one library branch; Plan B: Partial closure of all libraries. The Board went on record on preferring Plan A, but did not indicate which branch they would suggest be closed. CITY CLERK CLARK ARRIVED At 3:40 p.m., City Clerk Clark arrived and replaced Deputy City Clerk South at the meeting. Mr. Whitney answered questions regarding the vacan- cies on the Library staff, the hours the libraries are open and described the characteristics of the various branch facilities. The Council expressed their concern about closing any of the branch libraries. Council Member Minor made a motion, seconded by Council Member Reilly, to draw $55,192 from the Reserve Account and place in the Library Budget to retain the current operational level of hours and branches, and leave a total of $461,362 in the Reserve Account. Some members of the Council expressed their concern about reducing the City's Reserve Account before the health and safety departments' budget accounts were heard. 5 7/27/87 The motion failed by the following Council Members Reilly, Minor, Pope-Ludlam. Members Estrada, Flores, Maudsley, Miller. vote: Ayes: Noes: Council Absent: None. City Librarian Whitney answered questions regarding the present level of vacancies. After discussion regarding budget documentation and account balances, Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously car- ried, that due to the lack of clear data, the Library Budget be referred back to staff to report back to the Mayor and Council at the next budget session. BUDGET HEARING - POLICE DEPARTMENT City Administrator Schweitzer gave an overview of the Police Department Budget and suggested that the Police Department be required to maintain a vacancy level which would result in $566,000 in savings to the City. The total salary freeze should save the City $1,300,000. The Police Department would account for 42% of the savings, based on their proportionate share of expenses. In addition to maintaining a $566,000 salary savings, the Police Department would have to make $300,000 in cuts to meet their 4% share. Capt. Dave Thomas, Police Department, answered ques- tions of the Council, stating there are currently eleven vacancies, plus eight long term injury leaves. One and one-half officer years are dedicated to Seccombe Lake and two officer years are used waiting at County Hospital for treatment, jail checks and blood alcohol tests. Capt. Thomas answered questions regarding manning levels, stating there are eight to twelve beats on a shift with a lap over. The response time is five to ten minutes on a priority call, and up to two hours on a low priority call. Capt. Thomas also stated that the City's increase in crime from last year to this year is zero, as compared to a national average of 6% and much higher in surrounding communities as follows: Colton: 25%; Rialto: 18%; Red- lands: 17%; Ontario: 7%; and Riverside with a rate of 2%. The Council discussed the additional $300,000 in cuts for the Police Department. Capt. Thomas stated that the Department could meet those cuts as there was an error in salary computation. A salary for Police Assistant for $21,216 was entered at $260,000, which means their budget was inflated by $240,000. The Council discussed whether the Police Department 4% share should come out of the budget submitted by the Police Department or should come out of the budget as it stood after the first round of cuts. Council Member Minor made a motion, seconded by Council Member Maudsley, that the Police Department be funded in the amount of $17,704,737. The Council discussed the motion in terms of whether or not the Police Department was being subjected to the same proportionate share of cuts as other departments. The motion failed by the following vote: Council Member Maudsley, Minor. Noes: Council Estrada, Reilly, Flores, Pope-Ludlam, Miller. None. Ayes: Members Absent: 6 7/27/87 Council Member Estrada made a motion that the funding level for the Police Department be $17,174,650. The Mayor and Council discussed the motion. The motion died for lack of a second. The Council then discussed the previous motion made by Council Member Minor and seconded by Council Member Maudsley. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the Police Department funding level for 1987-88 be $17,700,000, with the understanding that the Police De- partment will have to manage a total of $566,000 in salary savings by maintaining a vacancy level. CITY CLERK CLARK EXCUSED At 7:00 p.m., City Clerk Clark left the Council Meet- ing. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 7:00 p.m., Council Member Pope-Ludlam left the Council Meeting. BUDGET HEARING - FIRE DEPARTMENT The Council discussed the Fire Department Budget and the requirement that the Fire Department cut $352,000 to meet their 4% cut. This would result in a reduction in force which would have to be covered with overtime. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that of the $352,000 discussed for reinstatement to the Fire Depart- ment Budget, $300,000 be reinstated in the Fire Department Budget and $52,000 go to the Unappropriated Reserve Account. BUDGET HEARING - CITY ATTORNEY'S OFFICE City Attorney Penman presented the budget for his Department in the amount of $761,324, a net increase from last year's budget of $195,540. However, this amount is actually a decrease of $205,000 in the overall costs, due to a decrease of $400,000 in the City's costs for outside attorneys on liability cases. In the City Attorney's proposed budget, two investi- gator positions have been added. These investigators will need a car to go out and investigate cases and to assist with code enforcement. Mr. Penman answered questions regarding expenditures to upgrade the law library over a three year period and the need to upgrade the word processing equipment in the office. The Council discussed the investigators and it was made clear that these would be sworn officers. COUNCIL MEMBER ESTRADA EXCUSED At 7:25 p.m., Council Member Estrada left the Council Meeting. Council Member Maudsley made a motion, seconded by Council Member Reilly, that the budget as proposed by the City Attorney, with the addition of two investigators for code enforcement, be approved; that the investigators be placed on a one year probation and the program be reviewed in six months. 7 7/27/87 The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor. Noes: Council Member Miller. Absent: Council Members Estrada, Pope-Ludlam. ADJOURNMENT At 7:52 p.m., Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that the meeting be adjourned to 2:00 p.m., Thursday, July 30, 1987, in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "0" Street, San Bernar- dino, California. ~a:/'.d~1h City Clerk (~6?~ Deputy City Clerk No. of hrs.: 7 No. of items: 3 8 7/27/87