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HomeMy WebLinkAbout06-26-1995 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING JUNE 26, 1995 COUNCIL CHAMBERS This is the time and place set for an adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino from the regular meeting held at 8:00 a.m., Monday, June 19, 1995, 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 Monday, June 19, 1995, and has on file in the Office of the City Clerk an affidavit of posting together with a copy of said order which was posted at 12:00 p.m., Tuesday, June 20, 1995, 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 Minor at 9:05 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Devlin; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Members Curlin, Pope-Ludlam, Miller. FISCAL YEAR 1995/96 BUDGET DELIBERATIONS - CONTINUED FROM JUNE 15, 1995 - DISCUSSED LATER IN THE MEETING - SEE PAGE 10 (1) This is the time and place continued to review the proposed fiscal year 1995/96 budget. James Howell, Acting Director of Public Services, submitted a memorandum dated June 14, 1995, concerning the revised vehicle replacement list. Barbara Dillon, Director of Personnel, submitted a memorandum dated June 15, 1995, concerning the vacant position listing. Richard Morillo, Senior Assistant City Attorney, submitted a memorandum dated June 26, 1995, concerning the liability accruals/annual City audit. 1 6/26/95 City Administrator Shauna Clark submitted an outline dated June 26, 1995, concerning the second budget balancing proposal for fiscal year 1995/96. City Administrator Shauna Clark Water Commissioners has agreed to following financial assistance: announced that the Board of provide the City with the Forgive Water Bills - Pay 1/2 of salary for an attorney and secretary - Pay 1/2 of salary for Affirmative Action Officer In lieu tax for sewer - $240,000 80,000 25,000 304,000 $649,000 -------- -------- Ms. Clark clarified information relative to the City's vacancy rate, stated there would be an increase to the sewer rate as a result of the in lieu fee and referenced a letter dated June 23, 1995, from Phillip H. Waller, Rogers, Anderson, Malody & Scott, 290 North nD" Street, Suite 300, San Bernardino, CA, advising the City to remain conservative in management and accounting for the potential and actual litigated and non-litigated claims until positive reserves have been accumulated in the City's equity accounts. Presentation - Police Department Wayne Harp, Acting Chief of Police, provided a synopsis of the Police Department's proposed fiscal year (FY) 1995/96 budget and answered questions relative to such, including the four percent (4%) reductions required to balance the budget. A discussion was held regarding the Police Department's recommended budget reductions, the vacancy factor, duties of the Administrative Sergeants, COP vs. POP (Community Oriented policing vs. Problem Oriented policing) and the proposed utilization of asset forfeiture funds. COUNCIL MEMBER MILLER ARRIVED At 9:25 a.m., Council Member Miller arrived at the Council meeting and took her place at the council table. Presentation - Public Services Deoartment Jim Howell, Acting Director of Public Services, provided a synopsis of the proposed FY 1995/96 budget for the Fleet Division, including the four percent (4%) recommended reductions; and answered questions relative to such. Discussion ensued regarding the current operations within the Public Services Department, how the recommended budget cuts would affect employees and services and the vehicle replacement program. 2 6/26/95 COUNCIL MEMBER At 9:52 a.m., Council meeting and POPE-LUDLAM ARRIVED Council Member Pope-Ludlam took her place at the council arrived table. at the A discussion was held regarding the Civil Service rules for employment, including appointments, transfers and layoffs. PUBLIC HEARING CONFIRM 1995/96 ASSESSMENT ROLLS LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NOS. 951, ZONES 1 & 2; 952, ZONES 2 & 2A; 956; 959, ZONE 1; 968; 991; 1005; 1007 & SEWER LIFT STATION MAINTENANCE DISTRICT NO. 963 (2) This is the time and place set for a public hearing on various San Bernardino Municipal Code Chapter 12.90 assessment district increases for fiscal year 1995/96. Roger Hardgrave, Director of Public Works/Engineering, submitted a Staff Report dated June 5, 1995, concerning the confirmation of the fiscal year 1995/96 assessment rolls for Assessment District Nos. 951, Zones 1 and 2; 952, Zones 2 and 2A; 956; 959, Zone 1; 963; 968; 991; 1005 and 1007. Mayor Minor opened the hearing. The following individuals expressed opposition relative to the proposed increase to Assessment District No. 959, Zone 1: Robert Zamora, 3901 MacArthur, Suite 208, Newport Beach, CA, representing the owner of 1095 Kendall Drive. Earl W. Cole, III, The Shelter Group, 218 N. Charles Street, Baltimore, MD, representing the owner of North pointe Apartments; and answered questions regarding the impact said increase would have on the operation of the North pointe Apartments. Maryann Goodkind, Law Offices of Burke, Williams & Sorensen, 611 W. Sixth Street, Suite 2500, Los Angeles, CA, representing the Shelter Group; and questioned the formula used for the assessment. MAYOR MINOR EXCUSED At 10:36 a.m., Mayor Minor declared a conflict the duties of Mayor Pro Tem were assumed by Oberhelman. of interest and Council Member Director Hardgrave answered questions regarding the assessment for single-dwelling units vs. apartment complexes (multi-family units) . took MAYOR MINOR RETURNED At 10: 39 a. m., Mayor Minor returned his place at the council table. to the Council meeting and He stated that Senior 3 6/26/95 Assistant City Attorney Barlow confirmed that the Mayor did not have a conflict of interest in this matter. Terry Moll, 6705 N. Steven Way, San Bernardino, CA, expressed opposition to the proposed increase to Assessment District No. 991 because of the poor quality of work being performed. CITY ATTORNEY PENMAN EXCUSED At 10:47 a.m., City Attorney Penman left the Council meeting and was replaced by Deputy City Attorney Roth. Council Member Hernandez made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the protests, if any, be overruled and the public hearing relative to increased assessments on the City's various Chapter 12.90 assessment districts be closed. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995/96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 951, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, WAGONWHEEL ROAD AREA. (2A) RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995/96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 952, LANDSCAPING CONSTRUCTION AND MAINTENANCE, STATE COLLEGE PARKWAY (UNIVERSITY PARKWAY) AREA. (2B) RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995/96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 956, LANDSCAPING MAINTENANCE, CARNEGIE DRIVE AREA. (2c) RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995/96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 959, LANDSCAPING MAINTENANCE, PORTIONS OF KENDALL DRIVE, SHANDIN HILLS DRIVE, "F" STREET, AND LITTLE MOUNTAIN DRIVE (SHANDIN HILLS AREA) . (2D) RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995/96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 963, FOR THE MAINTENANCE OF A SEWER LIFT STATION IN PORTIONS OF ALLEN STREET, NORTH OF CENTRAL AVENUE IN THE CITY OF SAN BERNARDINO. (2E) RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995/96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 968, LANDSCAPING MAINTENANCE, AIRPORT DRIVE BETWEEN COMMERCENTER EAST AND COMMERCENTER WEST. (2F) RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995/96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 991, LANDSCAPING MAINTENANCE, VERDEMONT AND OLIVE AREA. (2G) 4 6/26/95 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995/96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1005, LANDSCAPING MAINTENANCE, CAJON AND PEPPER LINDEN DRIVE AREA. (2H) RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1995/96 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1007, LANDSCAPING MAINTENANCE, PEPPER AND RANDALL AVENUES AREA. (21) City Clerk Rachel Clark read the titles of the resolutions and stated that the following letters of protest were received: DEPUTY CITY ROTH EXCUSED At 10:51 p.m., Deputy City Attorney Roth left the Council meeting and was replaced by City Attorney Penman. Letter dated June 23, 1995, from Maryann Goodkind, Law Offices of Burke, Williams & Sorensen, 611 W. Sixth Street, Suite 2500, Los Angeles, California - Assessment District No. 959, Zone 1. Letter dated May 17, Williams & Sherwood, Inc., Newport Beach, California - 1995, from Boyce D. Jones, Clayton 800 Newport Center Drive, Suite 400, Assessment District No. 968. Undated letter from Ruth De Sadier, 6743 N. Palm Avenue, San Bernardino, California - Assessment District No. 991. City Engineer Hardgrave answered questions concerning the various methods of assessing assessment district fees. Council Member Devlin made a motion, Member Negrete, that Items 2A-I be continued. date specified for the continuance.) seconded by Council (Note: There was no Council Member Devlin made a substitute motion, seconded by Council Member Miller, that Items 2A-I be continued to July 10, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (Note: There was no vote taken.) City Attorney Penman explained when a conflict of interest would exist and reaffirmed the ruling made by Senior Assistant City Attorney Barlow. Council Member Miller made a motion, seconded by Council Member Devlin, and unanimously carried, that Items 2A-I be referred to the Housing Committee and brought back to the Mayor and Council meeting of July 10, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 5 6/26/95 CONTINUE FUNDING - ELEMENTARY SCHOOL - FROM JUNE 19, 1995 JUNIOR POLICE ACADEMY - LYTLE CREEK COUNCIL MEMBER HERNANDEZ - CONTINUED (3) This is the time and place continued to consider funding for the Junior Police Academy at Lytle Creek Elementary School. A discussion was held regarding the results of the Community Development Citizens Advisory Committee meeting to consider funding for the Junior Police Academy at Lytle Creek Elementary School. Jim Marinis, San Bernardino City Unified School District Board of Directors, 777 North "F" Street, San Bernardino, CA, stated that the Board had not addressed the issue of funding; however, he would support an allocation of $12,000. Council Member Devlin made a motion, seconded by Council Member Negrete, and unanimously carried, that funding for the Junior Police Academy at Lytle Creek Elementary School be approved in principle. PERSONNEL ACTIONS - DISCUSSED LATER IN THE MEETING - SEE PAGE 10 (4) Discussion ensued concerning the effect approval of the personnel actions would have on the fiscal year 1995/96 budget. Mike Hays, Assistant Director of Planning & Building Services, answered questions regarding funding for Personnel Actions Item No. Three and the effect not filling the position would have on the department. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the personnel actions submitted by the Chief Examiner dated June 20, 1995, in accordance with Civil Service Rules and Personnel Policies adopted by the Mayor and Common Council of the City of San Bernardino be approved and ratified, except for Item Nos. One and Three; and that Item Nos. One and Three be continued until after the budget hearings. The motion carried by the following vote: Members Hernandez, Oberhelman, Devlin, Miller. Members Negrete, Pope-Ludlam. Absent: Council (Note: Council Member Hernandez abstained on therefore, Item No. Five was not approved.) Ayes: Council Nays: Council Member Curlin. Item No. Five; Discussion continued regarding the Personnel Actions Item Nos. One and Three year 1995/96 budget. effect approval of the would have on the fiscal 6 6/26/95 Jeff Wright, P. O. Box 2341, San Bernardino, CA, noted that the effective dates for employment reflected a date passed and inquired if the individuals would receive retroactive pay. Mayor Minor stated that retroactive pay would not be given. A discussion ensued regarding the benefits received by part- time and non-career employees. Council Member Hernandez made a motion, seconded by Council Member Devlin, that Personnel Actions Item No. Three be approved. The motion carried by Members Negrete, Hernandez, Council Member Oberhelman. the following vote: Ayes: Devlin, Pope-Ludlam, Miller. Absent: Council Member Curlin. Council Nays: RES. 95-216 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BONADlMAN-MCCAIN, INC. FOR INSTALLATION OF PHASE II OF THE NORTHWEST INTERCEPTOR SEWER, FROM FIFTH STREET AND "L" STREET TO SIXTH STREET AND MEDICAL CENTER DRIVE. (7) Roger Hardgrave, Director of Public Works/Engineering, answered questions regarding Phase II of the northwest interceptor sewer and explained that Phase I would require a new bid. The following individuals resolution which approves Change northwest interceptor sewer: expressed opposition to said Order No. One for Phase II of the Jeff Wright, P. O. Box 2341, San Bernardino, California. Evelyn Kinney, California. 2048 E. 18th Street, San Bernardino, City Clerk Rachel Clark read the title of the resolution. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that full reading of the resolution be waived; that said resolution be adopted; and that Change Order No. One to the contract with Bonadiman-McCain Inc., for installation of Phase II of the northwest interceptor sewer, in accordance with Plan No. 9194, be approved, to incorporate the portion of the interceptor sewer through Santa Fe Railway Company's "A" yard into the contract for an increase in the contract price of $169,954.04, from $584,403.66 to $754,357.70. The motion carried and Resolution No. 95-216 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Curlin. 7 6/26/95 RES. 95-217 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MATICH CORPORATION FOR HEATER SCARIFICATION/OVERLAY METHOD AT VARIOUS LOCATIONS. (8) City Attorney Penman stated that the City Attorney's Office has declared a conflict of interest and the Law Offices of Sabo & Green has approved the form and content of said resolution. Director Hardgrave scarification of streets. answered questions regarding the City Clerk Rachel Clark read the title of the resolution. Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that full reading of the resolution be waived; and that said resolution be adopted. The motion carried and Resolution No. 95-217 was adopted by the following vote: Ayes: Council Members Negrete, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Nays: None. Absent: Council Member Curlin. RECESS MEETING At 11:49 a.m., the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino recessed to 3:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 3:08 p.m., Mayor Minor reconvened the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: None. MANAGEMENT AUDIT - FIRE DEPARTMENT - CONTINUED FROM JUNE 15, 1995 (5) This is the time and place continued to review the management audit of the Fire Department. Council Member Curlin made a motion, Member Negrete, that the matter be continued. date specified for the continuance.) seconded by Council (Note: There was no 8 6/26/95 Council Member Negrete removed his second to allow for discussion. The motion failed for lack of a second. Discussion ensued regarding the potential risks involved with the reductions proposed for the fiscal year 1995/96 budget. Council Member Curlin made Member Negrete, and unanimously continued. (Note: There was continuance. ) a motion, carried, no date seconded by Council that the matter be specified for the TWO INVESTIGATOR POSITIONS - CITY ATTORNEY'S OFFICE - RESTORE FUNDING FOR FISCAL YEAR 1994/95 - RESET BOTTOM LINE BUDGET FOR FISCAL YEAR 1995/96 - CONTINUED FROM JUNE 15, 1995 (6) This is the time and place continued to restore funding for two Investigator positions within the City Attorney's Office for fiscal year 1994/95 and reset the bottom line budget for fiscal year 1995/96. City Attorney Penman provided a synopsis of the action taken relative to the two Investigator positions within the City Attorney's Office. A discussion was held concerning the City Attorney's Office proposed fiscal year 1995/96 budget and the duties performed by the investigators. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern regarding the duties performed by the investigators. City Attorney Penman submitted a document outlining the final proposed fiscal year 1995/96 budget for the City Attorney's Office. Discussion continued regarding the City Attorney's Office proposed fiscal year 1995/96 budget. Council Member Devlin made a motion, seconded by Council Member Miller, that the allocation of $1,510,650 for the City Attorney's Office fiscal year 1995/96 budget, be approved in concept. Council Member Oberhelman made a substitute motion, seconded by Council Member Devlin, that funding for the two Investigator positions within the City Attorney's Office be restored for fiscal year 1994/95; and that the bottom line budget for fiscal year 1995/96 be adjusted accordingly. (Note: The vote was taken after discussion. ) 9 6/26/95 Discussion ensued regarding the actions taken to restore the two Investigator positions within the City Attorney's Office. The substitute motion failed by Council Members Oberhelman, Devlin. Hernandez, Pope-Ludlam, Miller. Abstain: Curlin. Absent: None. the following vote: Ayes: Nays: Council Members Council Members Negrete, Council Member Devlin made a motion, seconded by Council Member Miller, that resetting of the City Attorney's Office bottom line budget for fiscal year 1995/96 at $1,676,200, be approved in concept. The motion carried by the following vote: Members Oberhelman, Devlin, Pope-Ludlam, Miller. Members Negrete, Hernandez. Abstain: Council Absent: None. Ayes: Nays: Member Council Council Curlin. RECESS MEETING At 4:10 p.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 4:19 p.m., Mayor Minor reconvened the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Pope-Ludlam. PERSONNEL ACTIONS - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 6 (4) Fred Wilson, Assistant City Administrator, explained the need for the hiring of the Workers Compensation Supervisor, Personnel Actions Item No. One. COUNCIL MEMBER At 4:22 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that Personnel Actions Item No. One be approved. FISCAL YEAR 1995/96 BUDGET DELIBERATIONS - CONTINUED FROM JUNE 15, 1995 - DISCUSSED EARLIER IN THE MEETING - SEE PAGE 1 (1) 6/26/95 10 This is the time and place continued from earlier in the meeting to review the proposed fiscal year 1995/96 budget. Presentation - Public Works/Enqineerinq Roger Hardgrave, Director of Public Works/Engineering, provided a synopsis of the proposed fiscal year 1995/96 budget for the Public Works/Engineering Department, including the four percent (4%) recommended reductions to balance the budget, and answered questions relative to such. Mildred Hudson, 1428 Bussy Street, San Bernardino, CA, requested that the closure of Sturges Auditorium be delayed for approximately three months to find a source of funding. A discussion was held regarding the need to continue the funding for Sturges Auditorium. Council Member Devlin made a motion, seconded by Council Member Oberhelman, and unanimously carried, that the funding for Sturges Auditorium be continued to July 10, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Discussion continued regarding the proposed fiscal year 1995/96 budget and concerns were raised in the following areas: 1) general fines, 2) interest earnings and 3) sale of City-owned property. Susan Dawson, Executive Director of The Humane Society of San Bernardino Valley, 763 W. Highland Avenue, San Bernardino, CA, expressed concern regarding the proposed reductions within the Animal Control Department and recommended that the Mayor and Council pursue the licensing of cats and an increase to the apprehension fee. Joyce Martin, 2925 "G" Street, San Bernardino, CA, opposed the recommended budget reductions for the Animal Control Department for fiscal year 1995/96 and commended Animal Control Director Debi Biggs for improving the department's operations. COUNCIL MEMBER At 5:22 p.m., meeting. POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Finance Director Pachon answered questions regarding the anticipated revenue for fiscal year 1995/96. There was no further action taken on this item. 11 6/26/95 It was the consensus of the Mayor and Council that the budget deliberations for fiscal year 1995/96 be continued to 9:00 a.m., Wednesday, June 28, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California; and that a continuing resolution be prepared and presented on June 28, 1995. ADJOURNMENT (9) At 5:27 p.m., the meeting was adjourned to 9:00 a.m., Wednesday, June 28, 1995, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk , / By S zanna Cordova D puty City Clerk No. of Items: 9 No. of Hours: 5.5 12 6/26/95