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HomeMy WebLinkAbout07-09-1990 Minutes City of San Bernardino, California July 9, 1990 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 a Regular Meeting of the Mayor and Common Council held at 8:30 a.m., Monday, July 2, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on July 2, 1990, 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 12: 30 p.m., Tuesday, July 3, 1990, on the door of the place at which said meeting was held. The Adjourned 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., July 9, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Reese with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Reese, City Administrator Edwins. Absent: Council Member Estrada. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Minor. PUBLIC COMMENTS There were no public comments. ( 1) RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY TO THE FORMATION OF CITY WIDE ASSESSMENT DISTRICT NO. 994 FOR STREET LIGHTING AND STREET SWEEPING SERVICES. (Continued from July 2, 1990) (2) 1 7/9/90 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE CITY WIDE STREET LIGHTING AND STREET SWEEPING SERVICES AND CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID SERVICES KNOWN AS ASSESSMENT DISTRICT NO. 994, AND ORDERING THE WORK. (Continued from July 2, 1990) (2) Deputy City Clerk Reese read the titles of the resolutions. Ralph Hernandez, 190 N. Pico, stated that even though the hearing to consider Assessment District No. 994 had been closed, the resolutions being considered have been revised and a different concept is being considered. He felt that people should be allowed to speak regarding the new concept. Mayor Holcomb explained that the issue before the Council today is whether or not to waive the notice requirement of the 1931 Act. If this is not done, notices would have to be mailed to every property owner in the City advising them of their right to protest if the assessment is more than 50% of the assessed property valuation. The assessment is so small it is unlikely that would occur. The postage cost for mailing out the notices would be about $25,000 or $30,000 plus an additional $25,000 to $ 30, 000 for other expenses. He urged the Counc il to adopt the resolution waiving the requirement of the 1931 Act. Mr. Hernandez stated that at the public hearing on June 27, 1990, there was no indication that twenty percent affordable housing or Community Development funds were going to be used for the rebate to low income people as was recently reported in the newspaper. He felt strongly that these funds should be used for blight eradication, community development and social programs. He stated that if state law prohibits using those funds, general fund money would have to be used, which the public has been told is not available. Mayor Holcomb and City Administrator Edwins affirmed that no action has been taken to use twenty percent set aside funds. That issue could be considered in the future, but is not before the Council today. Mr. Holcomb explained that at a future Council meeting suggestions will be made as to a possible source of funding rebates to low income citizens. One source that may be earmarked for this purpose is twenty percent set aside funds. City Attorney Penman stated that at the public hearing held on June 27, 1990, the matter of using twenty percent set aside funds was not on the agenda and was not discussed. Also, the issue is not on the agenda today and should not be discussed. He stated that if in the future the Council decides to take action regarding those funds, a legal opinion will be available as to the legality of their use. 2 7/9/90 Jim Penman answered questions regarding the resolution adopted on June 27, 1990, by a four to two vote. There was one paragraph in the resolution waiving the 1931 Act which requires six votes, so technically that part of the resolution did not pass. For that reason, two separate resolutions are on the agenda today for adoption. Council Member Miller made a Member Flores to reconsider the district. motion, seconded by Council adoption of the assessment Mayor Holcomb explained that the purpose of the assessment district is to remove street lighting and street sweeping from the General Fund in order to provide funds for additional police protection. Other cities have done this very successfully. The Mayor stated that the democratic process had been followed in allowing citizens to protest by mail or verbally. Approximately 400 people attended the hearing, and some 50 spoke in protest. He felt they did not represent the majority of the citizenry and should not deprive the City of the police protection that is so badly needed. City Administrator Edwins answered questions, stating that the percentage of protests received was 2.49%. Mayor Holcomb urged the Council to adopt the resolutions and reaffirm their support of the assessment district. If the resolutions are not adopted now and a special election held for this purpose, it would cost at least $40,000 to $50,000. It is too late to get on the November ballot and the next regular election would be in 1991, which would mean more than a year's delay. The motion to reconsider the assessment district failed by the following vote: Ayes: Council Members Flores, Miller. Noes: Council Members Reilly, Maudsley, Minor, Pope-Ludlam. Absent: Council Member Estrada. City Attorney Penman answered questions, stating that the deadline for getting the assessment district on this year's assessment roll is August 10, 1990. The City Attorney answered questions, stating that the 1931 Act calls for a review of the value of every parcel in the City to determine whether or not this assessment would equal more than half of the value of that parcel, which is very unlikely. Mr. Penman further explained that waived, a study has to be conducted, consider the study. The hearing has to if the 1931 Act is not and a hearing held to be noticed in writing to 3 7/9/90 each property owner thirty days prior to the hearing, which means that it would be impossible to meet the deadline for this year. The Council discussed the proposed assessment district and its effect on local citizens. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the consolidation of assessments as provided in the 1931 Act. The Council agreed to continue discussion on the district until 5:00 p.m., in the Council Chambers of 300 North "D" Street, San Bernardino, California, Council Members might be present. (See page 11) assessment City Hall, when all AUTHORIZE CITY ADMINISTRATOR TO PREPARE PLAN FOR PURCHASE AND INSTALLATION OF 800 MHz SYSTEM In a memorandum dated July 5, 1990, James Robbins, Deputy City Administrator, gave the background of the proposed purchase and installation of an 800 MHz communications system in coordination with the County of San Bernardino. No decision has been made, due to uncertain costs and services provided. The City has been given a deadline of July 13, 1990, to declare participation in the County system. (5) In his memorandum, Mr. Robbins stated that studies show that a separate system for San Bernardino is appropriate and that the City can stand alone. Both the Chief of Police and Fire Chief are in concurrence that the City should continue with the purchase and installation of its own system. Council Members expressed concern that sufficient information regarding the 800 MHz plan is not available. Council Member Minor made a motion, seconded by Council Member pope-Ludlam, that the matter regarding the purchase and installation of an 800 MHz system be continued to July 16, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. City Administrator Edwins explained that Mayor Holcomb had asked her to meet with Mr. Mays, County Administrative Officer, to obtain more information. However, Mr. Mays will be out of town all week. There is a deadline of July 13, 1990, for the City's decision, but it is hoped the City can get an extension. Ms. Edwins explained that she has been talking with Mr. Marland Howard, Assistant Administrative Officer for Management Services, and stated she might have more information later today. Council Minor withdrew his motion, and Ludlam withdrew her second on the motion to to the Council Meeting of July 16, 1990. Council Member Pope- continue this matter 4 7/9/90 Mayor Holcomb recommended that there be official dialogue with county officials before a decision is made. He stated that after the work session today in the Management Information Center (MIC), the meeting will recess to the Council Chambers at 5:00 p.m. for further discussion on this issue. In the meantime, a request will be made for a week's extension. City Administrator Edwins stated that a report dated July 9, 1990, from Dick McGreevey, Director of Emergency Services, was just delivered to her that set forth the pros and cons of the County's system as opposed to the City having its own system. The report also included a financial analysis. Mayor Holcomb declared that discussion on the 800 MHz system will be continued to 5:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (See page ll) RECESS MEETING At 9:20 a.m., the meeting recessed to the Management Information Center (MIC), 6th Floor, City Hall, 300 North "D" Street, San Bernardino, to consider the Preliminary Report on the Department of Building and Planning Services submitted by Smithson/Dillon Associates. RECONVENE MEETING At 9: 40 a.m., the Adjourned Regular Meeting reconvened in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Reese with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Reese, City Administrator Edwins. Absent: Council Member Estrada. CONSIDERATION OF PRELIMINARY REPORT, MANAGEMENT STUDY, DEPARTMENT OF BUILDING AND PLANNING SERVICES- SMITHSON/DILLON ASSOCIATES This is the time and place set for consideration of the Preliminary Report, Management Study, Department of Building Services, prepared by Smithson/Dillon Associates. (3) Barbara Dillon, consultant with Smithson/Dillon Associates, gave a summary and slide presentation of the Preliminary Report, Management Study, Department of Building and Planning Services. Ms. Dillon presented four objectives: 1. Review the administrative systems and procedures of the department. 5 7/9/90 2. Review internal management policies in terms of how they are working within the department. 3. Review Planning and Building Services' coordination with related City departments. 4. Review organizational structure and staffing patterns. Ms. Dillon set forth several recommendations, including the maintenance of department wide standard operating procedures, written procedures, and the phasing in of ordinances incremently. Also recommended were more effective methods of filing certificates of occupancy and building permits, which should be done on a daily basis. The report also recommended that service to customers at the front counter be improved by allowing permits to be mailed if requested and to provide simple one page instruction sheets and handouts. It was also suggested that the City investigate converting the building permit fee structure to a total percentage of the property valuation. Other recommendations for counter service included customer service training for all staff that work at the counter and answer phones, comfortable seating provided for the public and large signs over each section of the counter identifying its function. Ms. Dillon also recommended that journey level staff should be serving at the front counter in order to provide accurate and complete information. Ms. Dillon stressed the importance of a centralized filing system, and an improved, revised automated system. Ci ty Administrator Edwins answered questions, stating that the computer system, as recommended, could not access the City's mainframe computer system, and recommended a local area network. Ms. Dillon stated that one of the most important recommendations is the establishment of departmental priorities through policy workshops involving the Mayor, Council and key administrative staff. Other related recommendations include the need for more effective staff meetings to be held regularly, and the implementation of recognition of employee achievements. Ms. Dillon recommended that there be established hours for building inspection field time, and that the department provide a weekly status report on complaints. She also recommended a flex time schedule whereby code enforcement officers could be out in the field during the evening or Saturdays when more citizens are home. Another important recommendation was to modify the image of the code enforcement officer. It was suggested that the uniforms be changed to something similar to regular City work uniforms, 6 7/9/90 and that the title be changed to code enforcement inspector, or code enforcement technician. Ms. Dillon recommended that the Municipal Code be amended to allow officers to issue citations to citizens without having to wait for a signature. A fee might be established for return visits. City Attorney Penman and City Administrator Edwins answered questions regarding the procedure for issuing citations, and the administrative procedure which provide for the recovery of costs for the abatement process. Craig Smithson, Smithson and Dillon Associates, answered questions regarding the flex time schedule. He felt that this option would reduce the number of repeat visits necessary under the present system. Larry Reed answered questions about the flex time schedule, and explained that although a flex time schedule had been implemented last fall, it was discontinued during the winter months because of the dark evenings and never reinstated. Craig Smithson presented the portion of to coordination between the Planning and Department and other City departments and recommendations: the report relative Building Services made the following 1. A regularly scheduled series of meetings between the Director of Planning and Building Services and other directors. 2. Joint departmental public relations presentations before neighborhood community groups and local civic groups. 3. Joint staff training with other departments involved in enforcement, such as the Fire and Police Departments. Mr. Smithson also recommended that because of the high turnover of directors in both the Planning and the Building and Safety Departments, it is important to provide stability to the existing department. Therefore, the following options for organizational structure were presented: A. Delete the present three positions and replace them with two Director and Administrative Analyst. division manager level positions: Assistant B. Delete three division managers and replace them with two Division Managers and one Administrative Analyst. 7 7/9/90 C. Spli t the department option is not recommended, recommended that such a change year. back into two departments. This but if it is chosen, it was not be made until the next fiscal Mr. Smithson explained the process for establishing career ladders for building inspectors which would provide training and opportunity for advancement within the City. Mr. Smithson explained that there is a need for adequate clerical support and computers. Many of the professional staff have been doing their own clerical work and using personal computers. He recommended the elimination of the clerical pool and the assignment of clerical staff to specific areas. He also recommended consolidation of all code enforcement activities within the City under one manager. Larry Reed, Director of Planning/Building Services, answered questions and responded to the recommendations. He agreed with most of the recommendations, but felt that the department has not received adequate support from the City. He stated that implementing the recommendations in the report would place a heavy burden on the present staff. A discussion ensued regarding the need to change the attitude of the code enforcement officers to a polite, positive image rather than a negative one. City Attorney Penman answered questions and explained the process of issuing citations. He stated that the majority of the people clean up their property when they receive notices. Only a few people go to trial. City Administrator Edwins explained that the administrative process of the abatement program provides for the recovery of administrative overhead costs. The citation process does not, but does provide for cleaning up the City. Barbara Dillon, Smithson/Dillon Associates, questions, stating that their recommendations will number of personnel, rather than increase it. answered reduce the Mayor Holcomb stated there were many excellent recommendations, and commented that the one regarding increasing inter-departmental communication was very important and suggested that the City Administrator could implement that. Mr. Smithson answered questions, stating that there would be a savings of approximately $74,000 if all the recommendations in the report, including the purchase of automated equipment, were implemented. 8 7/9/90 City Administrator Edwins stated that even though there are salary savings, that money is not available because positions had been frozen to balance the budget. Mayor Holcomb commented about the goals the City wants to accomplish. A top priority is a clean, attractive City and the elimination of blight. He stated that progress is being make in this respect. He suggested that code enforcement is a tool to use in this program, and recommended using the administrative provisions requiring that the owners pay the costs. Another top priority is cooperation and assistance in aiding the development community to do business in the City. MAYOR HOLCOMB EXCUSED At 10:55 a.m., Mayor Holcomb left the meeting and Council Member Reilly assumed the duties of Mayor Pro Tempore. RECESS MEETING - CLOSED SESSION At 10:58 a.m., Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, that the meeting recess to closed session to discussion personnel matters pursuant to Government Code Section 54957. The motion carried by the following vote: Ayes: Members Reilly, Flores, Minor, Pope-Ludlam, Miller. Council Member Maudsley. Absent: Council Member Estrada. Council Noes: CLOSED SESSION The closed session was called to order by Mayor Pro Tempore Reilly at 10:58 a.m., 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 Pro Tempore Reilly; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Administrator Edwins. Absent: Mayor Holcomb; Council Member Estrada; Deputy City Clerk Reese. ADJOURN CLOSED SESSION At 12:05 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 12:05 p.m., the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. 9 7/9/90 ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; City Attorney Penman, City Administrator Edwins. Absent: Council Member Estrada; Deputy City Clerk Reese. MANAGEMENT STUDY - DEPARTMENT OF BUILDING AND PLANNING SERVICES - ADOPTION OF RECOMMENDATIONS Council Member Reilly made a motion, seconded by Council Member Minor, that Option A, to delete the present three division manager level positions and replace them with two positions: Assistant Director and Administrative Analyst, be approved with the following understanding: (3) 1. The City will recruit for a Director of Planning and Building Services and Larry Reed is invited to apply. 2. A position of Assistant Director will be established and if Larry Reed does not continue as Director, he will become the Assistant Director. 3. The position of Administrative Analyst will be created as recommended. 4. The City Administrator will explore the retention of Smithson/Dillon to prepare departmental procedures prior to the hiring of the Administrative Analyst. The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Minor, pope-Ludlam, Miller. Noes: Council Member Maudsley. Absent: Council Member Estrada. RECESS MEETING At 12:10 p.m., the meeting was Council Chambers of City Hall, Bernardino, California. recessed to 5:00 p.m., in the 300 North "D" Street, San RECONVENE MEETING At 5:00 p.m., the Adjourned 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 Deputy City Clerk Reese with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Reese, City Administrator Edwins. Absent: Council Member Estrada. 10 7/9/90 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY TO THE FORMATION OF CITY WIDE ASSESSMENT DISTRICT NO. 994 FOR STREET LIGHTING AND STREET SWEEPING SERVICES. (Continued from earlier in the meeting, see page 1) (2) RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE CITY WIDE STREET LIGHTING AND STREET SWEEPING SERVICES AND CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID SERVICES KNOWN AS ASSESSMENT DISTRICT NO. 994, AND ORDERING THE WORK. (Continued from earlier in the meeting, see page 1) (2) Council Member Minor made a motion, seconded by Council Member pope-Ludlam, that said resolutions regarding the proposed Assessment District No. 994 regarding street lighting and street sweeping be continued to 9:30 a.m., Monday, July 16, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Minor, Pope-Ludlam, Miller. Noes: Council Member Maudsley. Absent: Council Member Estrada. AUTHORIZATION FOR CITY ADMINISTRATOR TO PREPARE A PLAN FOR PURCHASE AND INSTALLATION OF 800 MHz SYSTEM- (CONTINUED FROM EARLIER IN THE MEETING) This is the time and place continued to for discussion on the proposed purchase and installation of an 800 MHz communications system in coordination with the County of San Bernardino. (See page 4) (5) Mayor Holcomb referred to a memorandum dated July 9, 1990, from Dick McGreevey, Director of Emergency Services, addressed to City Administrator Edwins, which included information regarding the pros and cons of participating in the County 800 MHz system and the pros and cons of a City-owned system. City Administrator Edwins stated that she had met with the Fire Chief Wright, Police Chief Robbins, Emergency Services Director Dick McGreevey, and Assistant City Administrator Jim Robbins. After much discussion, this group decided to recommend an independent system for the City. She explained the risks involved, such as licensing and obtaining the necessary number of channels. However, the main advantage for a City system would be cost savings, over which the City would have total control. Mr. McGreevey answered questions regarding the proposed 800 MHz system, stating that there is nothing in writing regarding the number of channels available to the City. 11 7/9/90 City Administrator Edwins stated she has not been able to get definite information regarding the number of channels available to the City. Although she has talked to other County personnel, she preferred to get information directly from Mr. Mays, which won't be possible until he returns to his office on July 16, 1990. Ms. Edwins stated that Marland Howard, Assistant Administrative Officer for Management Services, San Bernardino County, has given the City an extension until July 20, 1990. Mayor Holcomb stated this issue is of such major importance, he felt it should be continued until a meeting can be arranged with Mr. Mays. Mr. McGreevey answered questions regarding the availability of channels. He explained that there is a shortage of the required channels in Southern California. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that discussion regarding a plan for the purchase and installation of the 800 MHz system be continued to Monday, July 16, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ADJOURN MEETING At 5:17 p.m., Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the meeting be adjourned. (6) SHAUNA CLARK City Clerk I/J;e:.[.{v ~e <bL/ Deputy Ci Clerk No. of Items: 4 No. of Hours: 3.5 12 7/9/90