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Home My WebLink About07-27-1988 Minutes ,,'j" "'0 "'" . ,.....,.,.,~-'. . City of San Bernardino, California July 27, 1988 This is the time and place set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at the Regular Meeting held at 9:03 a.m., Monday, July 18,1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, Cal ifornia. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held on Monday, July 18, 1988, at 9:03 a.m., and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said Notice which was posted at 2:00 p.m., Tuesday, July 19, 1988, 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 Pro Tempore Minor at 8:05 a.m., Wednesday, July 27, 1988, in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "0" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Pro Tempore Minor; Council Members Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, Deputy City Adminis- trator Robbins. Absent: Mayor Wilcox, Council Members Estrada, Pope-Ludlam. FIRE DEPARTMENT - TRAVEL AUTHORIZATION - ALLAIRE In a memorandum dated July 5, 1988, Gerald Newcombe, Fire Chief, requested approval for Raymond P. Allaire to attend the National Fire Academy in Emmitsburg, Maryland, on August 1 - 12, 1988. (1) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that authorization for R. Paul Allaire, Fire Department, to attend a Fire Prevention Specialist I course at the National Fire Academy in Emmitsburg, Maryland, on August 1 thru 12, 1988, be approved. . 1 7/27-/88 . POLICY - OUT OF STATE TRAVEL AUTHORIZATION BY CITY ADMINISTRATOR Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the City Administrator be authorized to execute all out-of- state travel requests provided that said travel has been included in the requesting department's budget and re- ceived prior approval of the Mayor and Common Council via the budget adoption process. (1) READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolu- tions on the agenda. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of all the resolutions on the agenda be waived. MAYOR WILCOX ARRIVED At 8:08 a.m., Mayor Wilcox arrived at the Council Meeting. . RES. 88-278 - RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY ALLOWING THE PROSECUTION OF CERTAIN STATE MISDEMEANOR AND INFRACTION VIOLATIONS BY THE CITY ATTORNEY. (2) RES. 88-279 - RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PRO- POSED CHARTER AMENDMENT WHICH WOULD GRANT THE CITY ATTORNEY THE AUTHORITY TO PROSECUTE CERTAIN VIOLATIONS OF STATE LAW WHICH ARE MISDEMEANORS OR INFRACTIONS AND REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CON- SOLIDATED WITH THE GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. (3) In a memorandum dated July 21, 1988, City Attorney Penman stated that in 1971, as a cost saving measure, Section 55(d) of the Charter of the City of San Bernar- dino was amended to delete the requirement that the City Attorney prosecute state misdemeanor violations. The letter requested that the Council approve a Charter amend- ment which would allow the prosecution of certain state misdemeanors and infractions. . Mr. Penman referred to a letter he had received from the Attorney General dated July 15, 1988, regarding the authority of the City Attorney to prosecute violations of the Fair Political Practice Act. 2 7/27/88 J . Mr. Penman emphasized the need to amend the Charter to give the City Attorney the power, not necessarily the responsibility, to prosecute certain state misdemeanors and infractions. He stated that this amendment would also grant the enforcement power for drug and vice pros- ecutions. City Attorney Penman had consulted Dennis Kottmeier, District Attorney, San Bernardino County regarding the proposed Charter amendment. The District Attorney's office is down 16 positions and faces a 10% budget cut. Mr. Kottmeier advised that due to a reduction in staff, budget cuts and priorities, his office would not be able to handle as many prosecutions of misdemeanor violations. City Attorney Penman stated he would not allow his budget to get out of hand and there will be no increase in his staff if his office is granted the power to pros- ecute drug and vice violations as proposed in the Charter amendment. . The City Attorney explained that his office is already prosecuting certain misdemeanor violations and answered questions on how the cutback in the District Attorney's office will be addressed by other cities in the County. The Council expressed concern over the possibility of law suits being filed against the City. Mr. Penman answered questions stating that he anticipates no more than 12 - 25 misdemeanor prosecutions per year. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 8:40 a.m., Council Member Pope-Ludlam arrived at the Council Meeting. COUNCIL MEMBER ESTRADA ARRIVED At 8:42 a.m., Council Member Estrada arrived at the Council Meeting. City Attorney Penman answered questions regarding the involvement of the City Attorney's office after adoption of the amendment. He stated that staff would follow specific guidelines and, when necessary, request back-up assistance from the Police Department. Mr. Penman answered questions stating that the District Attorney's office has limited resources and staff to prosecute the drug and vice misdemeanor violations. . 3 7/27/88 ~ . Council Member Minor made a motion, Council Member Reilly and unanimously carried resolutions be adopted. seconded by that said Resolution Nos. 88-278 and 88-279 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. (See page 4 Res. Nos. 278 & 279 were amended) The City Clerk raised concerns about another pro- posed change in the wording of the Charter, granting the City Attorney the power to approve all proposed ordinances and resolutions as to form and legal content. Helen Kopczynski, 8150 Cable Canyon Road, San Bern- ardino, California, questioned the affect the language used in the proposed Charter amendment would have on other resolutions and ordinances of the City. Discussion ensued relating to the possibility of departments drafting a resolution or ordinance and it not being approved by City Attorney because of legal form and content. . RECONSIDERATION OF RESOLUTION NO.88-278 - AND 88-279 - ADOPTED EARLIER IN THE MEETING - SEE PAGE 2 Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried that Resolu- tion No. 88-278 and 88-279, be reconsidered. Dennis Barlow, Senior Deputy City Attorney, ex- plained the procedure used in other cities regarding the writing of resolutions and ordinances. The City Attorney stated that this is a non-substantive change and explained the purpose of including the power to approve as to form and legal content in the proposed Charter amendment. This would assure that all resolutions or ordinances would be legal before being placed on the agenda, as there have been many cases where departments have placed matters on the agenda without approval by his department. City Clerk Clark suggested that the proposed Charter amendment read "review all resolutions or ordin- ances for legal form and content". . Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that the proposed Charter Amendment read" review as to form and legal content all proposed ordinances and resolutions". 4 7/27/88 . Discussion ensued regarding the removal of the word "draft" in the proposed Charter amendment. Helen Kopczynski requested that the portion of the amendment requiring the City Attorney to approve all resolutions or ordinances be removed and be presented to the public as a separate item. Council Member Minor made a substitute motion, sec- onded by Council Member Maudsley and unanimously car- ried, that the words "approve as to form and legal content be deleted from Resolution Nos. 88-278 and 88-279 and that said resolutions be re-adopted as amended. . RES. 88-28~ - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDI NG RESOLUT ION NO. 87 -6 ~ ENTITLED IN PART "RESOLUTION . . . ADOPTING PROCEDURES FOR COMPLIANCE WITH THE NEW PRO- VISIONS OF THE RALPH M. BROWN OPEN MEETINGS ACT"; TO LIMIT THE TOTAL PERIOD OF PUBLIC COMMENTS TO FORTY-FIVE MINUTES, TO PROHIBIT "SHARING" OF TIME, TO PROHIBIT DISCUSSION OF ANY ITEM WHICH DOES NOT APPEAR ON THE AGENDA, TO PLACE THE "PUBLIC COMMENTS ON ITEMS NOT ON AGENDA" AS THE LAST ITEM ON THE AGENDA, AND TO REQUIRE THAT AGENDA ITEMS BE SPOKEN TO WHEN CALLED AND PROHIBIT DISCUSSION OF ITEMS LISTED ON THE AGENDA DURING THE "PUBLIC COM- MENTS" TIME. (4) Discussion ensued regarding the proposed resolution as it relates to the five-minute time limit for public comments. Helen Kopczynski stated that the Planning Commission placed pUblic comments as the last item on their agenda. Council Member Estrada made a motion, seconded by Council Member Minor, that said resolution be amended by interdelineation in Section B, Line 2, by adding "un- less extended by the Mayor and Common Council"; Line 5, by replacing "amended" with "extended by the Mayor and Common Council"; Section C, Line 17, by replacing "last" with "first"; and that said resolution be adopted as amended. Resolution No. 88-280 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam, Miller. Absent: None. by the following Reilly, Flores, Noes: None. . 5 7/27/88 . CHARTER AMENDMENT - AUTHORITY OF CITY ATTORNEY - IMPARTIAL FISCAL ANALYSIS PREPARATION In a memorandum dated July 21, 1988, James Penman, City Attorney, recommended that the Acting City Adminis- trator and the Acting Finance Director, be directed to prepare an impartial fiscal analysis of the proposed Charter amendment regarding the authority of the City Attorney, showing the amount of any increase or decrease in revenue or cost to the City; and that the City Attorney be directed pursuant to Elections Code Section 5011, to prepare an impartial analysis of the measure, showing the effect of the measure on existing law and the operation of the measure. (2) Discussion ensued regarding the need for an impar- tial fiscal analysis. . Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the Acting City Administrator and the Acting Finance Director be directed, pursuant to San Bernardino Municipal Code Section 2.56.190, to prepare an impartial fiscal analysis of the measure, showing the amount of any increase or de- crease in revenue or cost to the City; and that the City Attorney be directed, pursuant to Elections Code Section 5011, to prepare an impartial analysis of the measure, showing the effect of the measure on existing law and the operation of the measure. CHARTER AMENDMENT - AUTHORITY OF CITY ATTORNEY - ELECTION COSTS Discussion ensued relative to the source for the Charter Amendment election to be held 1988. of funding November 8, (3) Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that $5000.00 be transferred from the City Attorney's Litiga- tion Account to fund the election. RECESS MEETING - CLOSED SESSION At 10:27 a.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the meeting recess to Closed Session pursuant to the following items: Government Code Section 54957.6 designated representatives regarding matters; to meet wi th its labor relations (5 ) . 6 7/27/88 . Government Code Section 54956.9(b) (1) to discuss pending litigation, as there is significant exposure to litigation; (6) Government Code Section 54956.9(c) to discuss pending litigation, so that Council may decide whether to initiate litigation; (7) Government Code attorney regarding initiated formally follows: Section 59456.9(a) to confer with its pending litigation which has been to which the City is a party as (8) Strahle vs. City of San Bernardino - San Bernardino Superior Court Case No. 232278; Highland Hills Homeowners Association vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 241464; City of San Bernardino vs. California Construction Management, Inc., et al - San Bernardino Superior Court Case No. 238755; . Saldecke et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 236836; Cable Lake Association vs. City of San Bernardino- San Bernardino Superior Court Case No. 239714 and Case No. 239649; 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. 232998; Daub and Gordon vs. City of San Bernardino - San Bernardino Superior Court Case No. 242433; Deyon vs. City of San Bernardino - San Bernardino Superior Court Case No. C 236411. CLOSED SESSION At 10:27 a.m., Mayor wilcox called the Closed Session to order in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, Cal ifornia. . 7 7/27/88 . ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Acting City Administrator Robbins. Absent: City Clerk Clark. Also present were Senior Assistant City Attorney Barlow; Assistant City Attorney Brue; Coleman Walsh, the City's Labor Relations Representative and Gordon Johnson, Director of Personnel. CITY CLERK CLARK ARRIVED AT THE CLOSED SESSION At 11:19 a.m., City Clerk Clark arrived at the Closed Session. RECESS CLOSED SESSION At 11: 39 a.m., the Closed Session recessed to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino. . RECONVENE MEETING At 11:39 a.m., Mayor wilcox called the Adjourned Regular Meeting to order in the Management Information Center (MIC), Sixth Floor, Ci ty Hall, 399 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. GENERAL EMPLOYEES' IMPASSE Mayor wilcox made an announcement that the Mayor and Common Council send the negotiator for the General Employees back to the bargaining table one more time to reach a mutual agreement. (5) RECESS MEETING - CLOSED SESSION At 11: 31 a.m., the Adjourned Regular Meeting was recessed to Closed Session pursuant to the following items: Government Code Section 54957.6, relations matters; regarding labor (5) Government Code Section 54956.9(b) (1), to discuss pending litigation, as there is significant exposure to litigation; (6) . 8 7/27/88 . Government Code Section 54956.9(c) to discuss pending litigation, so that Council may decide whether to initiate litigation; (7) Government Code attorney regarding initiated formally follows: Section 59456.9(a) to confer with its pending litigation which has been to which the City is a party as (8) Strahle vs. City of San Bernardino - San Bernardino SuperIor Court Case No. 232278; Highland Hills Homeowners Association vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 241464; City of San Bernardino vs. California Construction Management, Inc., et al - San Bernardino Superior Court Case No. 238755; Saldecke, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 236836; . Cable Lake Association vs. City of San Bernardino - San Bernardino Superior Court Case No. 239714 and Case No. 239649; 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. 232998; Daub and Gordon vs. City of San Bernardino - San Bernardino Superior Court Case No. 242433; Devon vs. City of San Bernardino - San Bernardino Superior Court Case No. C 236411; CLOSED SESSION At 11:31 a.m., Mayor wilcox called the Closed Session to order in the Management Information Center (MIC) Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. . ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Acting City Administrator Robbins. Absent: City Clerk Clark. 9 7/27/88 1''' . CITY CLERK CLARK ARRIVED AT THE CLOSED SESSION At 12:15 p.m., City Clerk Clark arrived at the Closed Session. ADJOURN CLOSED SESSION At 12:30 p.m., the Closed Session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 12:30 p.m., Mayor wilcox called the Adjourned Regular Meeting to order in the Management Information Center (MIC) on the Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. . ADJOURN MEETING At 12:30 p.m., Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that all other matters on the agenda be continued to August 1, 1988, and that the meeting adjourn to 9:00 a.m., Monday, August 1, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (9 ) ~/-;?f'$~ /' Ci ty Clerk No. of Items: 9 No. of Hours: 3~ . 10 7/27/88