Loading...
HomeMy WebLinkAbout02-17-1992 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING FEBRUARY 17, 1992 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tern Miller, at 8:34 a.m., Monday, February 17, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Pro Tern Miller; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney. Absent: Mayor Holcomb; Council Member Pope- Ludlam; City Administrator Clark. City Attorney Penman announced that the following additional cases would be discussed in closed session: Citv of San Bernardino vs. Bvouna Koo Chin. et al - Superior Court Case No. 266926; Frances Oui Chuna Koo vs. City of San Bernardino - United Stated District Court Federal Case No. CX913056; A. Patel vs. City of San Bernardino - United States Federal District Court Case No. CX911420. RECESS MEETING - CLOSED SESSION (l) At 8:35 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to give instruction to the CitY's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: ; b. to consider personnel matters pursuant to Government Code Section 54957; 1 2/17/92 c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the li tigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows: Stubblefield Construction Coml?anv. et al vs. City of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Citv of Redlands vs. Inland Valley Development Aqencv. et al - San Bernardino Superior Court Case No. 255222; Countv vs. Ci tv of San Bernardino (ROA \ - San Bernardino Superior Court Case No. 258241; Citv of Indians. 6899 WJR San et al (Bx) ; Bernardino vs. San Manuel Band of Mission - United States District Court - Case No. 85- Saab vs. City of San Bernardino - Fourth District Court of Appeals Case No. E008652; Ci tv of San Bernardino vs. Liberty Cable T. V " et al- United States District Court Case No. 82-6876 WMB; City of San Bernardino vs. Countv of San Bernardino. et al- Riverside Superior Court Case No. 207900; Hesterley vs. Citv of San Bernardino Superior Court Case No. 260468; San Bernardino 2 2/17/92 Tomas Armendariz. et al vs. James F. Penman. et al - United States District Court Case No. 91-5757 CMB (WRx); Matthew Hobbs vs. Ci tv of San Bernardino. et al San Bernardino Superior Court - Case No. 250971. Citv of San Bernardino vs. Dominouez Bankruptcy Court - LA 88-01375 - WL United States CLOSED SESSION At 8:35 a.m., Mayor Pro Tern Miller called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Pro Tern Miller; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney. Absent: Mayor Holcomb; Council Member Pope-Ludlam; City Administrator Clark. Also Attorney Operations present: Deputy City Attorney Roth, Deputy City Simmons, and Margaret Scroggin, Administrative Supervisor, City Attorney's Office. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Vale read the titles of all the resolutions and ordinances on the regular, supplemental and Community Development Commission agendas while the Council was in closed session. COUNCIL MEMBER At 8:36 a.m., closed session. POPE-LUDLAM ARRIVED Council Member pope-Ludlam arrived at the CITY ADMINISTRATOR CLARK ARRIVED At 8:37 a.m., City Administrator Clark arrived at the closed session. MAYOR HOLCOMB ARRIVED At 8:40 a.m., Mayor Holcomb arrived at the closed session. DEPUTY CITY ATTORNEY ROTH EXCUSED At 8:42 a.m., Deputy City Attorney Roth left the closed session. MARGARET SCROGGIN, ADMINISTRATIVE OPERATIONS SUPERVISOR, CITY ATTORNEY'S OFFICE EXCUSED At 8:50 a.m., Margaret Scroggin, Administrative Operations Supervisor, City Attorney's Office, left the closed session. 3 2/17/92 ADJOURN CLOSED SESSION At 8:57 a.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:27 a.m., Mayor Holcomb reconvened the 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 Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: None. 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 Maudsley. PUBLIC COMMENTS (3) There were no public comments during the public comments section of this meeting. APPOINTMENTS FRANCHISE BUREAU DR. CURLIN BY COUNCIL MEMBER REILLY - EDWARD JR. BY COUNCIL MEMBER MAUDSLEY FREDERICK J. J. LAMBRICH, (5-1) In a memorandum dated February 11, 1992, Mayor Holcomb, requested that the following recommended appointments to the Franchise Bureau be approved: Dr. Frederick J. Curlin, 1288 1/2 North "D" Street, San Bernardino, CA, as requested by Council Member Reilly; and Edward J. Lambrich, Jr., 3140 Indian Canyon Court, San Bernardino, CA, as requested by Council Member Maudsley. Council Member Hernandez made a motion, Member Minor, and unanimously carried, appointments of Dr. Frederick J. Curlin, and Jr., to the Franchise Bureau. seconded by Council to approve the Edward J. Lambrich, PROCLAMATION MARCH WOMEN OF ACHIEVEMENT DANIELS 1992 WOMEN'S HISTORY MONTH- COMMITTEE - DONNA WARD - DEBRA (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read 4 2/17/92 a proclamation declaring the month of March 1992 as History Month in the City of San Bernardino, in honor women in the community who have contributed their effort to the betterment of our society. Women's of those time and Donna Ward and Debra Daniels, co-chairpersons, Women of Achievement Committee, were present to accept the proclamation. SERVICE PIN AWARD CEREMONY (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of each employee receiving service pin awards. Each employee received a service pin from Mayor Holcomb in gratitude of his/her many years of dedicated service to the City. WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas, be waived. COUNCIL MINUTES (6) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: December 16, 1991 and January 7, 1992. SET PUBLIC HEARING - MARCH 2, FEE FOR INITIATIVE PETITIONS 1992 - ESTABLISH FILING (7) In a memorandum dated February 6, 1992, Rachel Krasney, City Clerk, stated that the City Clerk's Office, in accordance with Government Code Section 66018, proposes to establish a filing fee for initiative petitions, and requested that the Council set a public hearing for Monday, March 2, 1992, at 10:00 a.m., to receive public comment on the proposed resolution establishing a filing fee for initiative purposes. The City does not have an established fee for the filing of a Notice of Intent to Circulate Petition, and in the absence of any authority to charge such a fee, the City Clerk cannot impose a filing fee. Considerable time can be expended by staff in conducting research to determine whether or not state and local laws are being followed when an initiative is presented for filing. Therefore, it is recommended that the Council enact legislation establishing a $200 filing fee so that it can be imposed on future proponents of initiative petitions. This fee would be refunded to the filer if within one year of the date of 5 2/17/92 filing Notice of Intent to Circulate Petition, the clerk certifies the sufficiency of the petition. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that a public hearing be set at 10:00 a.m., on Monday, March 2, 1992, to receive public comment on a proposed resolution of the City of San Bernardino establishing a filing fee for initiative petitions. ERNST & YOUNG - AUDIT FUNDS - LITIGATION - MUNICIPAL COURT FINES & FORFEITURES - AUTHORIZE EXPENDITURE (8) In a memorandum dated February 11, 1992, Shauna Clark, City Administrator, stated that as a result of a lawsuit brought against the County of San Bernardino concerning the disbursement of municipal court fines and forfeitures, the City of San Bernardino was awarded the sum of $78,735.29. The City has been contacted by the City of Victorville and told that Elizabeth Silver of Meyers, Nave, Riback and West, who represented the cities in this litigation, believes that it is in the best interest of the cities involved to have Ernst and Young conduct an audit to check the accuracy of the funds distributed to the cities. The City'S portion of the expense involved would be $1,820, plus a proportionate share of the out-of-pocket expenses, and it is recommended that the City participate. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, to approve an expenditure of $1,820, plus an amount not to exceed $1,400 for out-of-pocket expenses, to employ the firm of ERNST & YOUNG for the purpose of conducting an audit to check the accuracy of the funds distributed to cities who participated in the litigation concerning municipal court fines and forfeitures. AUTHORIZATION - HIRE TEMPORARY LEGAL SECRETARY (9) In a memorandum dated February 17, 1992, James Penman, City Attorney, stated that due to pending surgery, a Legal Secretary I would be taking a medical leave of absence for approximately nine (9) weeks, beginning at the end of February. The City Attorney's Office currently has two Legal Secretary positions vacant. The present workload is such that no other secretary is available to cover the work of the attorney to whom this secretary is assigned. Thirty-three (33) cases are currently assigned to the attorney in question. It will be necessary to assign fifteen (15) of those thirty-three (33) cases to outside counsel if no secretary is available to do the pleadings. This secretary also processes the criminal citations and complaints for the Municipal Court from the City, and so the City Attorney has requested permission to hire a temporary secretary for the nine week period not to exceed $5,500. 6 2/17/92 Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that provided that no qualified secretary is available from those being laid off by the City, the City Attorney is authorized to employ a temporary Legal Secretary from an agency, as a substitute for a Legal Secretary I who is taking a medical leave of absence; and that the amount authorized for said temporary employment shall not exceed $5,500 for the nine (9) week period. REORGANIZATION STREET LIGHTING & TRAFFIC FUNCTIONS - PUBLIC WORKS/ENGINEERING DEPARTMENT SIGNAL (12) In a memorandum dated February 6, 1992, Barbara Dillon, Director, Personnel, stated that one action that the Council took relative to the 1991/92 budget was to combine the street lighting and traffic signal functions. Currently, the street lighting functions are located in the Facilities Management Division, with eleven (11) employees; and the traffic signal functions are located in the Public Works/Engineering Department, with five (5) employees. Two supervisors are involved in these functions. The reorganization would locate both street lighting and traffic signals in the Public Works/Engineering Department under one Traffic Signals and Lighting Supervisor, and save annually a total of $42,281 at Step One, and $56,335 at Step Seven. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, to 1) establish a new position of Traffic Signals & Lighting Supervisor at Range '2421, $3,285-$4,402/month; 2) to delete the positions of Street Lighting Supervisor and Traffic Signal Electrical Supervisor, and to appoint an Acting Traffic Signals & Lighting Supervisor; 3) to transfer the Electrician II's and Electrician I's working in the Facilities Management Division to the Public Works Department, under the Acting Traffic Signals & Lighting Supervisor; 4) to implement items one through three, effective on the date action is taken by the Mayor and Common Council; and 5) to recommend that the Personnel Department update Resolution 6413, Section 10, and Resolution 6433. CLAIMS AND PAYROLLS ( 13) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated February 6, 1992, from the Director of Finance, be approved. 7 2/17/92 PERSONNEL ACTIONS (14) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions submitted by the Chief Examiner, dated February 4, 1992, in accordance with all administrative regulations of the City of San Bernardino, be approved. JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (15) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to March 16, 1992. RES. 92-48 - RESOLUTION OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 89-436 ESTABLISHING A REWARD OF $1,000 FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF ANY PERSON FOR WILLFULLY DEFACING OR PUTTING GRAFFITI ON PUBLIC OR PRIVATE BUILDINGS OR PROPERTY. (l6) RES. 92-49 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF SIXTH AMENDMENT TO AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR COMPUTER EXAMINATION SCORING SERVICES FOR AN ADDITIONAL ONE YEAR PERIOD. (l9) RES. 92-50 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE METROPOLITAN OPERA AUDITIONS FOR THE PROMOTION OF ARTS AND CULTURE. ( 21 ) RES. 92-51 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JAMES A. CRAMER RELATING TO THE OPERATION OF A TENNIS PRO SHOP AT PERRIS HILL PARK. (22) RES. 92-52 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF TWO AGREEMENTS BETWEEN THE HEADSTART/STATE PRESCHOOL DEPARTMENT OF HUMAN RESOURCES AGENCY FOR SAN BERNARDINO COUNTY AND THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO RELATING TO THE HEADS TART PROGRAM AT THE DELMANN HEIGHTS COMMUNITY CENTER AND REPEALING RESOLUTION NO. 86-412. (23) RES. 92-53 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH PAYROLL TAX CONTROL CORPORATION TO EXTEND THE TERM OF THE AGREEMENT. (24) 8 2/17/92 RES. 92-54 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH P & D TECHNOLOGIES RELATING TO THE PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR REHABILITATION OF SOUTH "E" STREET, FROM ORANGE SHOW ROAD TO MILL STREET. (25) RES. 92-55 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH L.A. WAINSCOTT & ASSOCIATES, INC., RELATING TO THE PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR REHABILITATION OF ARROWHEAD AVENUE, FROM MILL STREET TO THIRD STREET. (26) RES. 92-56 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH C G ENGINEERING RELATING TO THE PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR REHABILITATION OF REDLANDS BOULEVARD FROM HUNTS LANE TO THE EASTERLY CITY LIMITS. (27) RES. 92-57 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF IRVINGTON AVENUE, WESTERLY OF MAGNOLIA AVENUE, AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILITIES AND AN EASEMENT FOR PUBLIC UTILITIES THEREIN. (28) . RES. 92-58 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A BOUNDARY FOR A PORTION OF THE WEST SIDE OF WATERMAN AVENUE BETWEEN 7TH STREET AND 8TH STREET AND DEDICATION OF SAME FOR STREET AND HIGHWAY PURPOSES. (29) Council Member Minor made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 92-48, 92-49, 92-50, 92-51, 92-52, 92-53, 92-54, 92-55, 92-56, 92-57, and 92-58 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RES. 92-59 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER PERMIT IMPLEMENTATION AGREEMENT - SANTA ANA REGION, WITH THE COUNTY OF SAN BERNARDINO, THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, AND CITIES THAT ARE CO- PERMITTEES UNDER THE NPDES PERMIT. (30) 9 2/17/92 Council Member Minor made a motion, seconded by Council Member Miller, that said resolution be adopted; and that staff be directed to present a proposal to designate the City's storm drain system as a utility, and to levy an appropriate fee to finance maintenance and operation costs for the storm drain system. Resolution No. 92-59 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. RES. 92-60 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO N/S CORPORATION FOR CONSTRUCTION OF A TRUCK/CAR WASH AT CITY CORPORATION YARDS, 182 SOUTH SIERRA WAY. (31) RES. 92-61 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A FINANCING SCHEDULE TO MUNICIPAL LEASING CORPORATION FOR THE FINANCING OF A ONE-TON TRUCK AND MULTI-BIN TRAILER, TO BE UTILIZED BY THE PUBLIC SERVICES/REFUSE DEPARTMENT. (32) RES. 92-62 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO RAY GASKIN SERVICE FOR THE FURNISHING AND DELIVERY OF A ONE-TON TRUCK AND MULTI- BIN TRAILER, TO BE UTILIZED BY THE PUBLIC SERVICES/REFUSE DEPARTMENT. (33) RES. 92-63 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A FINANCING SCHEDULE TO MUNICIPAL LEASING CORPORATION FOR THE FINANCING OF FRONTLOADER REFUSE TRUCKS, FOUR ( 4 ) EACH, TO BE UTILIZED BY THE PUBLIC SERVICES/REFUSE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-92-14. (34) RES. 92-64 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO AZUSA WHITE GMC FOR THE FURNISHING AND DELIVERY OF FRONTLOAOER REFUSE TRUCK CAB AND CHASSIS, FOUR (4) EACH, TO BE UTILIZED BY THE PUBLIC SERVICES/REFUSE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-92-14. (35) Council Member Minor made a motion, seconded by Council Member Miller, that said resolutions be adopted. Resolution Nos. 92-60, 92-61, 92-62, 92-63, and 92-64 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. 10 2/17/92 ORD. MC-820 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.44 OF THE SAN BERNARDINO MUNICIPAL CODE INCREASING THE AMOUNT OF SERVICE USERS TAX TO EIGHT AND ONE HALF PERCENT. Final (37) ORD. MC-821 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.04.010(2) (D. AND E.) AND 19.04.030(2) (L. - P.) AND TABLES 04.01 AND 04.03 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ESTABLISH LEGALLY EXISTING MULTI-FAMILY STRUCTURES AS PERMITTED, CONFORMING USES IN THE RU, RESIDENTIAL URBAN, RM, RESIDENTIAL MEDIUM, RMH, RESIDENTIAL MEDIUM HIGH AND RH, RESIDENTIAL HIGH LAND USE DISTRICTS CITYWIDE AND TO ESTABLISH STANDARDS FOR ADDITIONS, ALTERATIONS AND EXPANSIONS TO SUCH STRUCTURES. Final (38) Council Member Minor made a motion, seconded by Member Miller, that said ordinances be adopted. Council Ordinances Nos. MC-820 and MC-821 were adopted following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: Absent: None. by the Reilly, None. SUNRISE VILLAGE APARTMENT OWNERS' APARTMENT UNITS ARDEN/GUTHRIE AREA CONDITIONS, COVENANTS, & RESTRICTIONS ASSOCIATION- APPROVE- (10) In a memorandum dated January 30, 1992, Mayor Holcomb stated that the Sunrise Village Apartment Owners' Association has requested that the Council approve the proposed Conditions, Covenants and Restrictions (CC & R' s) . Once approval of the documents have been obtained, the Owners' Association would begin recording the CC & R' s against the properties, and official membership rolls can be kept. The Sunrise Village Apartment Owners' Association has been working closely with the City in the revitalization of the Arden/Guthrie area. The proposed CC & R's have been drafted to coincide wi th the Ci ty' s property maintenance ordinance. The Apartment Owners' Association desires to begin recording these CC & R's against the properties, and to have the City begin enforcing Ordinance MC-776 relating to business license fees in areas of high-crime incidence. Council Member Miller made a motion, seconded by Council Member Maudsley, that the Conditions, Covenants, & Restrictions submitted by the Sunrise Village Apartment Owners' Association relative to the apartment units in the Arden-Guthrie area, be approved. 11 2/17/92 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Maudsley, Minor, Nays: Council Member Pope-Ludlam. Absent: None. Council Miller. IMPLEMENTATION - EMPLOYEE PERSONAL COMPUTER PURCHASE PROGRAM - MIS COMMITTEE ( 11 ) In a memorandum dated January 31, 1992, Janis Ingels, Director, Management Information Systems, stated that the MIS Committee was approached relative to recommending the implementation of an employee PC (personal computer) purchase program. The Committee surveyed employees for interest, and estimated approximately 200 wish to participate, depending on bid results. The Committee has written a bid document outlining the base system configuration and the City'S role in the transactions. The City would be responsible for selecting an appropriate San Bernardino computer vendor, and Finance would establish a payroll deduction for the employee payments to the vendor. The City would have no other obligations either to the employees or to the vendor. All financing arrangements would be the responsibility of the vendor. Some advantages of the program to the City and to the employees include: increased computer literacy of employees, increased job productivity based on development of computer skills at home, decreased cost of purchase to employees due to bulk quantity discounting, and the convenience of making payments via payroll deductions. Council Member Miller made a motion, seconded by Council Member Estrada, that the Management Information Systems (MIS) Committee be authorized to implement an employee personal computer (PC) purchase program for City employees. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Nays: Council Member Maudsley. Absent: None. Council Miller. RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS PROPOSED CHARTER AMENDMENT WHICH WOULD ALLOW THE CITY TO CONSIDER OTHER FACTORS ON PURCHASES AND CONTRACTS BESIDES LOWEST BID AND REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE PRIMARY ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. ( 17) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY ALLOWING THE CITY TO CONSIDER OTHER FACTORS ON PURCHASES AND CONTRACTS BESIDES LOWEST BID. (18) 12 2/17/92 Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the two items relating to proposed charter amendments that would allow the City to consider other factors on purchases and contracts besides lowest bid, be continued to later in the meeting. (See page 14) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN AMENDMENT NO. 1 TO AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE INLAND VALLEY DEVELOPMENT AUTHORITY AND RESCINDING ITS RESOLUTION NO. 91-504 AND CERTAIN PRIOR ACTIONS TAKEN IN CONNECTION THEREWITH. (20) Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the resolution relating to an amendment to the amended Joint Exercise of Powers Agreement creating the Inland Valley Development Authority, be continued to later in the meeting. (See page 31) RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO MAXON INDUSTRIES FOR THE FURNISHING AND DELIVERY OF FRONTLOADER REFUSE TRUCK BODIES, FOUR (4) EACH, TO BE UTILIZED BY THE PUBLIC SERVICES/REFUSE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-92- 14. (36) Bill MacIntosh, representing Ray Gaskin Service, stated that his company submitted the low bid; however, the purchase order was awarded to another company at a higher cost. He requested that staff explain why the purchase order had been awarded to the other company. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the purchase order for furnishing and delivery of four frontloader refuse truck bodies, be continued to later in the meeting, so that staff can be present to answer questions. (See page 31) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.02.050,19.06.020, TABLE 06.01(G), 19.06.030(1)(B), 19.06.030(2), AND 19.24.040 OF THE SAN BERNARDINO MUNICIPAL (DEVELOPMENT CODE) TO PERMIT INDOOR RETAIL CONCESSION MALLS IN THE COMMERCIAL GENERAL (CG-1, CG-2, CG-4) AND COMMERCIAL HEAVY (CH) LAND USE DISTRICTS CITYWIDE, AND TO PROVIDE STANDARDS BY WHICH THE USE MAY BE ESTABLISHED. Final (39) Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that the ordinance relating to indoor retail concession malls be tabled, and that Planning staff be directed to investigate other existing buildings in the City where similar uses are likely to occur. 13 2/17/92 RES. 92-65 - RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS PROPOSED CHARTER AMENDMENT WHICH WOULD ALLOW THE CITY TO CONSIDER OTHER FACTORS ON PURCHASES AND CONTRACTS BESIDES LOWEST BID AND REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE PRIMARY ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. ( 17 ) RES. 92-66 - RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY ALLOWING THE CITY TO CONSIDER OTHER FACTORS ON PURCHASES AND CONTRACTS BESIDES LOWEST BID. (18) Mayor Holcomb expressed support for the charter amendments that would allow consideration of other factors on purchases and contracts besides lowest bid. City Attorney Penman explained that the City Charter currently requires certain purchases and contracts to be awarded to the lowest and best bidder. The proposed charter amendments would add as additional criteria besides lowest bid, past experience and expertise, and would allow the Mayor and Council to add additional factors from time to time by ordinance. Council Member Minor made a motion, seconded by Council Member Estrada, that the resolutions proposing charter amendments which would allow the City to consider other factors on purchases and contracts besides lowest bid, be approved. (Note: There was no vote at this time.) The Council discussed the proposed charter amendment language for Section 140. Advertisement for supplies. etc. Concern was expressed relative to the inclusion of "past experience" as a relevant factor in determining the award of the bid. It was felt that this factor may exclude some businesses owned by women or minorities who were submitting bids for the first time to the City. Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, that said resolutions be approved; and that the resolution proposing an amendment of the charter of said City allowing the City to consider other factors on purchases and contracts besides lowest bid (Resolution No. 92- 66), be approved as amended by deleting the words "past experience" from Section 140. Advertisement for supplies. etc. Resolution Nos. the following vote: Hernandez, Maudsley, Absent: None. 92-65 and 92-66 were adopted as amended by Ayes: Counc il Members Estrada, Reilly, Minor, Pope-Ludlam, Miller. Nays: None. 14 2/17/92 SET PUBLIC HEARING - ESTABLISHMENT OF ELECTRICAL FEES - USE OF OUTDOOR SPORTS FACILITIES - YOUTH ORGANIZATIONS ENERGY SPORTS (43) In a memorandum dated February 7, 1992, Annie Ramos, Director, Parks, Recreation and Community Services, stated that on January 15, 1992, the Council approved the budget reduction package which included the establishment of electrical energy fees to be charged to youth sports organizations for use of outdoor sports lights. Youth sports organizations are currently exempt from paying fees for outdoor sports lighting. Electrical energy costs for outdoor sports lighting is approximately $75,000 annually for year-round use of approximately twenty lit ball fields by little leagues, youth soccer, winter youth baseball and tackle football. The fee modifications would also include fees paid by San Bernardino City Unified School District for use of Sturges Auditorium and other Park and Recreation facilities. The School District currently pays 100 percent of the established rate even though they were partners in the development of Sturges, including providing portions of the parking lot and improvements to the facility. The modifications recommended by the Joint Use Committee, a committee compromised of council members and school board members, was to charge the School District 50 percent of the established rates for parks and recreation facilities. John Kramer, Superintendent of Recreation, Parks, Recreation and Community Services, urged all residents concerned about the proposed establishment of electrical energy fees for the use of outdoor sports facilities to attend an informational meeting scheduled for 6:00 p.m., Friday, February 21, 1992, at the Feldheym Library, 555 W. Sixth Street, San Bernardino, CA. Mr. Kramer explained that the department proposes to charge a rate of $4.50 per hour for light usage on the little league fields, and $5.50 an hour for light usage on the senior league fields. Discussion ensued regarding organizations that use the City's those organizations raise funds. the various youth sports sports facilities, and how John 0' Grady, District Administrator, Little League Baseball, requested that a public hearing to discuss the issue of charging youth sports organizations for lighting costs, be set in the evening so that working parents would be able to attend. He expressed concern that all aspects of the proposal had not been considered, and that imposing this electrical energy fee on youth sports organizations may negatively impact these organizations. Council Member Minor made a motion, seconded by Council 15 2/17/92 Member Reilly, and unanimously carried, that a public hearing be set to discuss establishment of electrical energy fees for outdoor sports facilities by youth sports for March 2, 1992, at 7:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER MILLER EXCUSED At 10:21 a.m., Council Member Miller left the Council meeting. PUBLIC HEARING REDISTRICTING COUNCIL BOUNDARIES - CONTINUED FROM FEBRUARY 3, 1992 WARD (40) , This is the time and place continued to for a public hearing to present the proposed map showing changes in Council Ward boundaries, as a result of the 1990 census; and a request that the Council approve the proposed changes and direct the City Attorney to prepare an ordinance amending the existing ward boundaries. In a memorandum dated February 12, 1992, Rachel Krasney, City Clerk, stated that pursuant to direction g~ven at the February 3, 1992 meeting of the Mayor and Council, two meetings were held with representatives of the Wests ide Action Group. As a result of those meetings, the most significant change to the map was that the southern boundary of the Sixth Ward had been squared off so that most of the bench area is proposed to be in the Sixth Ward. As a result, boundary changes were also made in the First and Third Wards. Mayor Holcomb opened the hearing. Ruth Parish, Geographic Information Systems Coordinator, Management Information Systems, explained the new ward boundaries proposed by the Task Force, in relation to the existing ward boundaries. Council Member Minor made a motion, seconded by Council Member Maudsley, that the public hearing be closed, and that the changes to boundaries for the seven council wards be approved as presented by the Ward Redistricting Task Force on February 17, 1992; and that pursuant to Section Three of the City Charter, the City Attorney be directed to prepare an ordinance amending Ordinance 3222 to change the existing boundaries of the seven council wards to conform with the ward redistricting plan submitted by the Ward Redistricting Task Force on February 17, 1992. (Note: There was no vote taken at this time.) Discussion ensued regarding the proposed ward boundaries for the Third Ward. Council Member Hernandez made a substitute motion, seconded 16 2/17/92 by Council Member Pope-Ludlam, and unanimously carried, that the item relative to redistricting the council ward boundaries, be continued to later in the meeting, so that staff can return with more information relative to boundaries of the Third Ward. (See page 19) PUBLIC HEARING INFRASTRUCTURE FEE IMPROVEMENTS AND PUBLIC IMPROVEMENTS - SEE RELATED ITEM S-5 RIGHT-OF-WAY VERDEMONT AREA- (41) This is the time and place set for a public hearing to consider a proposed increase in the Verdemont Infrastructure Fee. RESOLUTION OF THE CITY OF SAN BERNARDINO REVISING SECTION 1 OF RESOLUTION 90-2 RELATING TO THE AMOUNT OF AN INFRASTRUCTURE FEE TO BE LEVIED FOR RIGHT-OF-WAY IMPROVEMENTS AND PUBLIC IMPROVEMENTS. (41) Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the public hearing to consider a proposed increase in the Verdemont Infrastructure Fee be continued to March 2, 1992, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. COUNCIL MEMBER MILLER RETURNED At 10:29 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. STATUS REPORT RIALTO AVENUE 21, 1992 - REHABILITATION OF PROPERTY - 1246 W. - EDWARD DUKE - CONTINUED FROM JANUARY (42) This is the time and place continued to for a status report regarding the rehabilitation of property located at 1246 W. Rialto Avenue to meet the requirements of the 1988 Uniform Housing Code. In a memorandum dated February 13, 1992, Al Boughey, Director, Planning and Building Services, stated that in response to the decision of the Council on October 21, 1991, Mr. Duke prepared and submitted plans, and subsequently obtained the required building permits. Mr. Duke commenced work and has continued to make progress as follows: The work to be performed in Building A was to correct the violations in deficient room and unit sizes, inadequate ventilation, and emergency egress from the bedrooms. To accomplish this, the owner has completed the demolition of the appropriate interior wall partitions and has started reconstruction. Framing of the new partitions has been started, but is not complete. The progress regarding Building B, is that 17 2/17/92 the rehabilitation of this structure is approximately 75% complete. The progress regarding Building C is that the interior walls have been removed or relocated to provide the required clearance in the bathroom, and to make the unit comply with the minimum floor area requirements of the Uniform Building Code. The owner has partially rewired the unit to correct the electrical deficiencies. The owner has been cooperative and has agreed to do additional work to correct deficiencies which have been discovered during the course of the rehabilitation process. The owner has stated that he expects to have buildings Band C completed and ready for occupancy within the next thirty days, and has requested a Temporary Certificate of Occupancy, as permitted by Uniform Building Code 307 d, to allow occupancy of these units while rehabilitation of Building A continues. Al Boughey, Director, Planning explained that the rehabilitation was and stated that the Mayor and Council problems in the rehabilitation arose. and Building Services, progressing as expected, would be notified if any Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the Mayor and Common Council receive and file the staff report, and that staff be directed to advise the Council of any problems or unreasonable delays during the rehabilitation of structures located at 1246. W. Rialto Avenue. LOCAL AGENCY FORMATION COMMISSION (LAFCO) CONDUCT SPECIAL STUDY TO IDENTIFY POSSIBLE BOUNDARY REORGANIZATION - BETWEEN CITIES OF HIGHLAND AND SAN BERNARDINO (44) In a memorandum dated February 7, 1992, Mayor HolCOmb, recommended that a formal request be submitted to LAFCO requesting that a special study be conducted to identify areas of possible boundary reorganization between the cities of San Bernardino and Highland. James Roddy, Executive Officer, Local Agency Formation Commission (LAFCO), 175 W. Fifth St., San Bernardino, CA, explained that the process of reviewing the boundaries should include the following items: preparation and adoption of goals, procedures and objectives for the study; that the study be conducted similar to a sphere of influence review to include concerns such as land use, levels of service, socio-economic community relationships, a financial analysis of the revenue to service cost implications; environmental assessment of possible boundary changes; public hearings; and if approved by both ci ties, jurisdictional changes presented to the voters. He stated that the study would cost each City approximately $2,000. The Council discussed the potential positive and negative 18 2/17/92 aspects of conducting a review of the boundaries. Council Member Reilly made a motion, seconded by Council Member Maudsley, that a formal request be submitted to LAFCO requesting a special study to identify areas of possible boundary reorganization between the cities of Highland and San Bernardino. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam. Nays: Council Member Miller. Absent: None. PUBLIC HEARING REDISTRICTING COUNCIL BOUNDARIES CONTINUED FROM FEBRUARY 3, CONTINUED FROM EARLIER IN THE MEETING - SEE WARD 1992- PAGE 16 (40) This is the time and place continued to for a public hearing to present the proposed map showing changes in Council Ward boundaries as a result of the 1990 census; and request that the Council approve the proposed changes, and direct the City Attorney to prepare an ordinance amending the existing ward boundaries. Mayor Holcomb opened the public hearing. Discussion ensued regarding the proposed ward boundaries for the Third Ward. Council Member Hernandez made a motion, seconded by Council Member Minor, and unanimously carried, that the public hearing be closed, and that the changes to boundaries for the seven council wards be approved as presented by the Ward Redistricting Task Force on February 17, 1992; and that pursuant to Section Three of the City Charter, the City Attorney be directed to prepare an ordinance amending Ordinance 3222 to change the existing boundaries of the seven council wards to conform with the ward redistricting plan submitted by the Ward Redistricting Task Force on February 17, 1992. Elvira Gallardo, 587 Gardena, San Bernardino, CA, felt that residents would be confused by the new ward boundaries and requested that the City advertise the new ward boundaries before the upcoming elections so that residents would know where their polling places would be. A discussion was held regarding how to inform residents of the new ward boundaries through a variety of media sources. 19 2/17/92 Council Member Estrada made a motion, seconded by Council Member Hernandez, and unanimously carried, that the City advise all citizens of the new ward boundaries via available media. WAIVER OF FEES - ENCANTO SOFTBALL FIELDS - FUND RAISER TOURNAMENT - $600 (45) In a memorandum dated January 31, 1992, Annie Ramos, Director, Parks, Recreation and Community Services, stated that Charles Resendez, representing an organization called Friends, had requested a waiver of fees for use of Encanto softball fields on March 13 - 15, 1992. The facility usage includes the use of two lighted softball fields, the adjoining concession stand and the alcohol permit process to allow for the sales of alcohol (beer) during the event. The field would be used for a fast pitch softball tournament as a fund raiser to establish a scholarship fund in the name of Dickie Salas. Pony Baseball, Inc. would sponsor the event to enable the organizers to acquire an ABC license. The total estimated cost for use of the field is $600. Staff recommends that the request for the waiver be denied as the request does not appear to meet the findings required for exemptions. Since this event is a fund raiser, there is reason to assume that revenues generated are enough to cover the facility use costs as well as for the scholarship. Chuck Resendez, representing the Dickie Salas Memorial Fund, 7233 Central Avenue, Highland, CA, requested that the Council approve the waiver of fees for the fund raiser in memory of Dickie Salas who worked tirelessly with youth in the community. Council Member Pope-Ludlam Council Member Estrada, that the use of Encanto Softball Fields approved. made a motion, request to waive in the amount seconded the fees of $600, by for be The Members Miller. motion carried by the following vote: Ayes: Council Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Nays: Council Member Minor. Absent: None. SANTA FE SOLID WASTE FACILITIES ISSUE - COUNCIL MEMBER HERNANDEZ (46) In a memorandum dated February 10, 1992, Council Member Hernandez requested that a discussion be held relative to the Santa Fe Solid Waste Facility. Discussion ensued regarding the negative aspects of having a solid located in the City. potential positive and waste handling facility 20 2/17/92 Council Member Hernandez made a motion, seconded by Council Member Estrada, that no meetings or discussions be conducted relative to the Santa Fe solid waste facility without prior Council knowledge, consent and attendance. (Note: There was no vote taken at this time.) City Attorney Penman explained that until the Mayor chooses to inform the Council regarding any issue, any motion to direct the Mayor to inform or keep the Council informed, would be in conflict with the City Charter. The Council urged the Mayor to keep Council Member Miller, representative to the Solid Waste Task Force, informed of plans for any solid waste facility, and to include her in all future meetings relative to all aspects of the Santa Fe solid waste facility issue. COUNCIL MEMBER MILLER EXCUSED At 11:04 a.m., Council Member Miller left the Council meeting. City Attorney Penman explained that although the Council approves projects, the Mayor has executive authority to set priorities for staff, and conduct meetings to discuss and negotiate with representatives of the company interested in bringing a solid waste facility to San Bernardino. Council Member Estrada withdrew her second on the motion. The motion failed for lack of a second. There was no action taken on this item. RECESS MEETING At 11:08 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 11:17 a.m., the regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney. Absent: City Administrator Clark. AMERICAN FLAG PATCHES ON CITY POLICE UNIFORMS - COUNCIL MEMBER HERNANDEZ (47) In a memorandum dated February 10, 1992, Council Member 21 2/17/92 Hernandez requested that a Bernardino Police officer patch. CITY ATTORNEY PENMAN RETURNED At 11:15 a.m., City Attorney Penman returned to the Council meeting and replaced Senior Assistant City Attorney Barlow. discussion be held relative to San uniforms bearing an American flag Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the item relative to discussion and possible action relating to the American flag patches on City Police uniforms, be continued to later in the meeting, and that the Community Development Commission agenda items be considered at this time. (See page 33) CITY ATTORNEY PENMAN EXCUSED At 11:20 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 11:20 a.m., Chairman Holcomb called the regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. IMPLEMENT & EXECUTE CONTRACTS - DEMOLITION PROJECTS (R-4) In a memorandum dated February 10, 1992, Kenneth Henderson, Executive Director, Economic Development Agency /Development Department, stated that a number of requests have been received to implement demolition projects in association with the Neighborhood Rehabilitation Program; removal of slum and blight; and correcting health and safety conditions as determined by the Department of Planning and Building Services. On February 4, 1991, the Mayor and Council approved the fiscal year 1991/92 Community Development Block Grant (CDBG) Program Mix for the period beginning July 1, 1991 and ending June 30, 1992. The Program Mix identified various categories for which CDBG funds are to be used during the program year. One category specifically identified demolition as an eligible category for the removal of residential structures, either attached or free standing, which are substandard and do not meet the Uniform Building Code requirements. Funds within this category are used in providing assistance to low and moderate income households in order to comply with citations issued by Planning and Building Services for non-conforming structures. Financial assistance is also provided to low and moderate income families where demolition is required as part of the rehabilitation requirements of an owner-occupied dwelling. Approval of the recommendation would facilitate timely 22 2/17/92 resolution of cases and community problems, streamline administrative processing, reduce administrative time, and enable staff to be quickly responsive to Mayor and Council requests; and would also allow demolition bonds (where required) to be closely coordinated with the processing of the case, the environmental clearances and the "Notice to Proceed". Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council authorize the Executive Director to implement and execute contracts for demolition projects in conjunction with the Neighborhood Rehabilitation Program and to correct health and safety conditions as determined by the Department of Planning and Building Services. RES. 92-67 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, THE DEVELOPMENT DEPARTMENT OF THE CITY OF SAN BERNARDINO AND THE CENTRAL CITY MALL ASSOCIATION TO INCREASE THE $876,000 LOAN AMOUNT TO THE CENTRAL CITY MALL ASSOCIATION BY THE SUM OF $100,000. (R-9) RES. 92-68 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN UDAG GRANT COMPLIANCE AGREEMENT BY AND AMONG THE CITY OF SAN BERNARDINO, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND NEW FRONTIER COMMERCIAL PROPERTIES, INC., PERTAINING TO THE WESTS IDE SHOPPING CENTER. (R-ll) Council Member Minor made a motion, seconded by Council Member Hernandez, that said resolutions be adopted. Resolution Nos. 92-67 following vote: Ayes: Hernandez, Maudsley, Minor, Absent: None. and 92-68 were adopted Council Members Estrada, Pope-Ludlam, Miller. Nays: by the Reilly, None. CAPITAL IMPROVEMENT PROJECT - EASTER SEAL SOCIETY (R-12) In a memorandum dated February 10, 1992, Kenneth Henderson, Executive Director, Economic Development Agency /Development Department, stated that a request had been received from the Easter Seal Society for $4,800 in additional CDBG funds to replace the heating and air conditioning system in its office located at 241 E. Ninth Street. Previously, the Easter Seal Society applied for Fiscal Year 1991/92 CDBG capital improvement funds and the Mayor and Council approved $12,000 to replace three heating and air conditioning 23 2/17/92 units that will be more energy efficient and provide a healthier environment for clients. The lowest responsible bid was $16,800 which is $4,800 above the allocation approved. Because of the shortfall, and to expedite this project, it is recommended that the request for $4,800 in additional CDBG funds for replacement of this heating and air conditioning system be approved. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council approve $4,800 in CDBG appropriate reserve funds for replacement of the Easter Seal Society heating and air conditioning system. CAPITAL IMPROVEMENT PROJECT - CENTER FOR INDIVIDUALS WITH DISABILITIES (R-13) In a memorandum dated February 10, 1992, Kenneth Henderson, Executive Director, Economic Development Agency /Development Department, stated that a request had been received from the Center for Individuals with Disabilities for $65,000 to expand the existing facilities at 8088 Palm Lane to accommodate the growing Center for Individuals with Disabilities (C.I.D.) programs. Approval of the request would provide an Agency match to the County of San Bernardino allocation of $65,000 for this fiscal year. The County of San Bernardino has allocated $65,000 from its COBG funds and has indicated that it would also allocate funds from the 1992/93 funding cycle. The Friends of C.LD. have allocated $5,000 to the project. The total expansion project cost is $250,000. The Center for Individuals with Disabilities has requested the Agency match the County's allocation of $65,000 for this fiscal year. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council authorize allocation of $65,000 to the Center for Individuals with Disabilities from CDBG-appropriated reserve account for the expansion of its facility at 8088 Palm Lane. RES. 92-69 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND OPTION HOUSE, INC. FOR ADDITIONAL HOUSING DEVELOPMENT. (R-16B) Council Member pope-Ludlam made a motion, seconded by Council Member Miller, that the Mayor and Common Council rescind its motion of January 6, 1992 granting a loan of $25,000 to Option House; and that said resolution be adopted. 24 2/17/92 Resolution No. 92-69 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller. Nays: None. Absent: None. FISCAL YEAR 1991/92 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM MIX (RS-1) It was the consensus of the Council that the item relative to Fiscal Year 1991/92 Community Development Block Grant (CDBG) program mix be continued to later in the meeting. (See pag~ 38) RECESS MEETING - CLOSED SESSION (1) At 11:40 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to give instruction to the City' s/Commission' s negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: ; b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation; f. to confer with the attorney regarding Ii tigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a) as follows. 25 2/17/92 CLOSED SESSION At 11:40 a.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City following being present: Mayor Hernandez, Maudsley, Minor, Miller; Clerk Krasney, City Administrator Members Estrada, Reilly, Pope-Ludlam. Clerk Krasney with the Holcomb; Council Members City Attorney Penman, City Clark. Absent: Council Also present: Tim Sabo, Sabo & Green, bond counsel to the Economic Development Agency; Senior Assistant City Attorney Barlow, City Attorney's Office; Tim Steinhaus, Agency Administrator, Economic Development Agency; Kenneth Henderson, Executive Director, Economic Development Agency /Development Department. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 11:46 a.m., Council Member Pope-Ludlam arrived at the closed session. COUNCIL MEMBER ESTRADA ARRIVED At 11:47 a.m., Council Member Estrada arrived at the closed session. MAYOR HOLCOMB EXCUSED At 12:15 p.m., Mayor Holcomb left the closed session. ADJOURN CLOSED SESSION At 12:40 p.m., the closed session adjourned to the luncheon workshop in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, to discuss the Economic Development Agency budget. LUNCHEON WORKSHOP - ECONOMIC DEVELOPMENT AGENCY BUDGET (49 & R-18) At 12:55 p.m., the regular meeting of the Mayor and Common Council reconvened in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "0" Street, San Bernardino, California, to discuss the Economic Development Agency budget. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Clark. Absent: None. 26 2/17/92 Also present: Tim Steinhaus, Agency Administrator, Kenneth Henderson, Executive Director, Development Department, and Barbara Lindseth, Accounting Manager, Economic Development Agency; Tim Sabo, Sabo & Green, bond counsel to the Economic Development Agency; Fred Wilson, Assistant City Administrator. Tim Steinhaus, Agency Administrator, Economic Development Agency, presented the Economic Development Agency's mid-year budget report for the Fiscal Year 1991/92. He explained that the report included the following Chapters: 1) cover letter; 2) priorities - commercial/industrial/retail/office; 3) priorities - housing; 4) priorities high priorities unfunded; 5) financial condition of Agency; and 6) adopted goals and accomplishments. Mr. Steinhaus explained the project details presented in the chapters outlining priorities for commercial, industrial, retail, office, housing, and unfunded high priorities; and the agency's cost in relation to each project. Barbara Lindseth, Accounting Manager, Economic Development Agency, explained the information outlined in Chapter ,Five, financial condition of the Agency. Mayor Holcomb explained reviewed the following aspects projects feasibility: jobs, blight. that when projects are being should be reviewed as part of the tax increment, sales tax, and The Council discussed the mid-year budget report relative to general revenues, general financing sources, personnel expenses, bond expenditures, tax increment, and capital outlay. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 1:36 p.m., Council Member Pope-Ludlam workshop. left the luncheon Ms. Lindseth answered questions from the the use of bond proceeds, and the use of increment funds and project area bond proceeds. Council regarding project area tax COUNCIL MEMBER MILLER EXCUSED At 1:44 p.m., Council Member Miller left the luncheon workshop. It was the consensus of the Council that the review and discussion regarding the Economic Development Agency mid-year budget report, be continued to 8:30 a.m., Saturday, March 7, 1992, in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California. There was no action taken during this luncheon workshop. 27 2/17/92 RECESS MEETING At 2:00 p.m. the luncheon workshop recessed to the 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. RECONVENE MEETING At 2:03 p.m., Mayor Holcomb called the regular meeting of the Mayor and Common Council to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney. Absent: Council Member Pope-Ludlam; City Administrator Clark. APPEAL - DENIAL - CONDITIONAL USE PERMIT NO. 91-39- CONSTRUCT BILLBOARD TO FACILITATE CONSTRUCTION OF RETAIL CENTER - GANNETT OUTDOOR CO., INC. - CONTINUED FROM FEBRUARY 3, 1992 (50) This is the time and place continued to for consideratfon of an appeal of the Planning Commission's denial of Conditional Use Permit No. 91-39, requesting approval to construct a billboard on the same site that a billboard was removed to facilitate the construction of a retail center. In a memorandum dated February 13, 1992, Al Boughey, Director, Planning and Building Services, recommended that the appeal relative to the Planning Commission's denial of Conditional Use Permit No. 91-39, be continued to March 2, 1992. Council Member Minor made a motion, seconded by Council Member Hernandez, and unanimously carried, that the appeal of the Planning Commission'S denial of Conditional Use Permit No. 91-39, be continued to March 2, 1992, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 91-20- ESTABLISH LEGALLY EXISTING SINGLE FAMILY DWELLING UNITS - PERMITTED CONFORMING USES - ALL LAND USE DISTRICTS (51) This is the time and place set for a public hearing to consider General Plan Amendment No. 91-20, and Development Code Amendment No. 91-10, to establish legally existing single-family dwelling units as conforming and permitted uses in all land use designations city-wide. 28 2/17/92 In a memorandum dated February 12, 1992, Al Boughey, Director, Planning and Building Services, stated that proposed General Plan Amendment No. 91-20, and Development Code Amendment No. 91-10, establish legally existing single-family dwelling units as conforming and permitted uses in all land use designations city-wide, and would involve text amendments to the General Plan and the Development Code. Only those single-family dwelling units which were legally established prior to the adoption of the Development Code on June 3, 1991, would be affected. This proposal does not include new construction of single-family units. Neither the General Plan nor the Development Code contain specific provisions to allow preexisting single-family dwelling units to remain as a permitted use. Many single-family units became legally nonconforming upon adoption of the General Plan and/or the Development Code. As such, these uses cannot be expanded or intensified. The proposed text amendments to the General Plan and the Development Code have been reviewed for exemption in accordance with the CEQA guidelines, which state that generally, CEQA applies only to projects which have the potential to cause a significant effect on the environment. The new provisions would make the units legal, conforming uses. Potential effects on the City's neighborhoods and districts would be minimal because the density or intensity permitted by the land use designation cannot be exceeded. The single-family dwelling units affected by these amendments already exist and structural modifications or additions or land use changes would be subject to the standards in the Development Code. Therefore, the proposed text amendments would not have a significant effect on the environment and are not subject to CEQA. The Planning Commission, at its January 21, 1992 meeting, recommended adoption of General Plan Amendment No. 91-20, and Development Code Amendment No. 91-10, to establish legally existing single-family dwelling units as legally conforming, permitted uses. RES. 92-70 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AND APPROVING GENERAL PLAN AMENDMENT NO. 91-20 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (51) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.04.010 (1), 19.04.030 (2), 19.06.010 (1), 19.06.030 (2), 19.08.010 (1), 19.10.0l0 (1) AND 19.10.030 AND TABLES 04.01, 04.03, 06.01, AND 06.03 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ESTABLISH LEGALLY EXISTING SINGLE FAMILY DWELLING UNITS AS PERMITTED, CONFORMING USES IN ALL LAND USE DISTRICTS CITYWIDE AND TO ESTABLISH STANDARDS FOR ADDITIONS, ALTERATIONS AND EXPANSIONS TO SUCH DWELLING UNITS. First (51) 29 2/17/92 Mayor Holcomb opened the hearing. Council Member Miller made a motion, seconded by Council Member Hernandez, that the hearing be closed; that the resolution be adopted; and that said ordinance be laid over for final adoption. Resolution Ayes: Council Minor, Miller. Ludlam. No. 92-70 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Maudsley, Nays: None. Absent: Council Member Pope- EVALUATION - WATERMAN AVENUE CORRIDOR (52) In a memorandum dated February 6, 1992, Al Boughey, Director, Planning and Building Services, stated that when the General Plan was adopted, the Waterman Avenue corridor from 3rd Street south to the Santa Ana River was designated OIP, Office Industrial Park. The Development Code established the uses permitted in the OIP district, and the standards by which development could occur. Several inquiries have been received from property owners in this corridor with concerns ranging from the non-conformity of the existing uses to the limited uses now permitted. Staff met with Council Members Estrada and Hernandez and various affected property owners to address these concerns. While there was agreement that there were issues to be resolved, a final recommendation or course of action was not determined. Staff suggested that an evaluation of the Waterman Avenue corridor be prepared to address the distribution of existing land uses, permitted land uses and lot configuration. It was concluded that information would be compiled and evaluated and options prepared based on the conclusions reached. At that time the Mayor and Council can determine if amendments to the General Plan and/or Development Code are in order. Council Member Estrada made Member Miller, and unanimously Division be directed to evaluate within the OIP, Office Industrial with a report in May, 1992. a motion, seconded by Council carried, that the Planning the Waterman Avenue Corridor Park, designation and return PROPOSED DEVELOPMENT CODE ESTABLISHMENTS AMENDMENT GAMBLING (53) In a memorandum dated January 31, 1992, Al Boughey, Director, Planning and Building Services, stated that currently the land use classification of Miscellaneous Amusement and Recreational Services (No. 799A) includes bookies, race book makers, card rooms, fortune tellers, gambling establishments not 30 2/17/92 using non-coin operated machines, the teaching of games, lottery clubs, off-track betting operations, etc. These indoor amusements and recreational uses are permitted under the staff administrative process of a Development Permit, Type I (Building Permit) for uses in an existing building, and a Development Permit, Type II for new buildings. San Bernardino Police Chief Robbins has requested that the Planning staff investigate the issue of gambling facilities for the possibility of prohibiting completely and/or allowing only in limited areas through the City'S conditional use permit process. It is recommended that the Mayor and Council direct staff to initiate a Development Code amendment relative to where gaming uses should be permitted, if at all. Al Boughey, recommended that regarding gambling Director, Planning and Building Services, the proposed Development Code amendment establishments be continued indefinitely. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the proposed Development Code amendment regarding gambling establishments be continued, indefinitely. CITY ADMINISTRATOR CLARK RETURNED At 2:10 p.m., City Administrator Clark returned to the Council meeting and took her place at the council table. RES. 92-71 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN AMENDMENT NO. 1 TO AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE INLAND VALLEY DEVELOPMENT AUTHORITY AND RESCINDING ITS RESOLUTION NO. 91-504 AND CERTAIN PRIOR ACTIONS TAKEN IN CONNECTION THEREWITH. (Continued from earlier in the meeting) (See page 13) (20) Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution Ayes: Council Minor, Miller. Ludlam. No. 92-71 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Maudsley, Nays: None. Absent: Counc il Member Pope- RES. 92-72 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO MAXON INDUSTRIES FOR THE FURNISHING AND DELIVERY OF FRONTLOADER REFUSE TRUCK BODIES, FOUR (4) EACH, TO BE UTILIZED BY THE PUBLIC SERVICES/REFUSE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-92-14. (Continued from earlier in the meeting) (See page 13) (36) 31 2/17/92 Kevin Barnes, Refuse Superintendent, Public Services, presented statistics regarding payload capacity, loading and packing cycle time, and other advantages, that he believed supported the recommendation to purchase the four frontloader refuse truck bodies from Maxon Industries. He stated that refuse equipment payload and operation speed are important factors in choosing equipment. He explained that due to land fill concerns, productivity would be critical to the City, and that projecting into the future the City is attempting to maximize payload capacity and productivity on route. A discussion was held regarding refuse services, and how productivity was calculated by the Refuse Division. COUNCIL MEMBER At 2:12 p.m., Council meeting and POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned took her place at the council table. to the Bill MacIntosh, representing Ray Gaskin Service, stated that the units his company builds can be expected to last twelve to fifteen years, and that the bid his company submitted met bid specifications. City Attorney Penman stated that Refuse Barnes' outlines the reasons why Maxon has the though it is not the lowest bid. Superintendent best bid, even Discussion ensued regarding the differences equipment and the cost to operate the equipment. in the Kevin Barnes, Refuse Superintendent, Public Services, stated that the low bid unit, even though it had a lower price tag, costs more to operate. Mr. Barnes stated for the record that with the Pack More Unit, the low bid, the bars could not be stowed above the truck in the full-up position because they are built to reach higher than the other units being considered. Therefore, the arms must be carried out in front of the windshield which lengthens the outside corners of the truck, and reduces maneuverability. In the past, the Pack More Units have had a top-hinged lid instead of a sliding lid, but the top-hinged lids have had numerous accidents, i.e. coming open unexpectedly, catching overhead lines, signs, and wires. The body on the Pack More unit is mounted rigidly to the chassis of the truck and so maintenance must be performed from underneath the truck only. A dump body style, which raises the body up to allow access for maintenance is preferred. Council Member Minor made a motion, seconded by Council Member Reilly, that said resolution be adopted. 32 2/17/92 Resolution Ayes: Council Minor, Miller. Ludlam. Absent: No. 92-72 was adopted by Members Estrada, Reilly, Nays: None. Abstain: None. the following vote: Hernandez, Maudsley, Council Member Pope- AMERICAN FLAG PATCHES ON CITY POLICE UNIFORMS - MEMBER HERNANDEZ CONTINUED FROM EARLIER MEETING - SEE PAGE 21 COUNCIL IN THE (47) In a memorandum dated Hernandez requested that a Bernardino Police officer patch. February 10, 1992, Council Member discussion be held relative to San uniforms bearing an American flag Discussion ensued regarding whether there is a policy relative to any alteration to all City department uniforms. Shauna Clark, City Administrator, stated that there is a resolution that allows the Chief of Police to designate the insignia on the police uniforms, and because the resolution was adopted by the Mayor and Council any action that the Chief takes would be at the behest of the Mayor and Council. She stated that the issue arose due to employees' concerns regarding the cost of the uniforms; however, that issue had been resolved. (Discussed later in the meeting) (See page 35) There was no action taken on this item. MAYOR'S AUTHORITY TO EXPRESS THE CITY'S POSITION- ISSUES OR LEGISLATION - COUNCIL MEMBER HERNANDEZ (48) In a memorandum dated February 10, 1992, Council Member Hernandez requested that a discussion be held relative to the Mayor's authority to express the City's position, positive or negative, on particular issues or legislation. Discussion ensued letters in support legislation. Mayor Holcomb explained that he writes letters in support or opposition to issues that are non-controversial based on opfnions from the League of California Cities. regarding the Mayor's policy of writing or opposition of certain issues or City Administrator Clark explained that an intern from California State University, San Bernardino, working in her office, goes through the League of California Cities bulletin, and drafts a letter for the Mayor's signature on every item that the League takes a position on relative to city government. Mayor currently Holcomb explained that before the legislature there are several in Sacramento that bills would 33 2/17/92 negatively impact cities. The Council expressed support for the City expressing its position both to legislators in Sacramento and Washington, D.C., but felt that the policy outlining the process should be reviewed by the Legislative Review Committee. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, and unanimously carried, that the discussion relative to the Mayor's authority to express the City's position, pro or con, on particular issues or legislation, be referred to the Legislative Review Committee, to review the process of the Mayor expressing the City's position on issues and legislation. 1992/93 BLUE RIBBON CITIZENS' ADVISORY BUDGET COMMITTEE - COUNCIL MEMBER ESTRADA (S-2) In a memorandum dated February 13, 1992, Council Member Estrada, requested that a discussion be held relative to the establishment of a 1992/93 Citizens' Advisory Budget Committee. Discussion ensued regarding how a citizens' advisory committee could potentially benefit and/or hinder the review process. budget budget Concern was expressed that an additional the budget would require staff time and prohibit other work from being completed; could have input into the budget process. Shauna Clark, City Administrator, stated that the Budget Committee consists of Andrew Green, Director of Finance; Fred Wilson, Assistant City Administrator; two Department Heads and City Treasurer David Kennedy. She explained that public input into the budget process occurs at the Council meetings. committee reviewing could potentially and how residents Council Member Estrada stated that the primary task of the committee would be to review and provide suggestions on where to make cuts, how to save money, and how to make money. Council Member Miller made a motion, seconded by Council Member Estrada, to establish a 1992/93 Citizens' Advisory Budget Committee through the Ways and Means Committee; the Budget Committee is to be made up of one representative appointed by each Council Member and two representatives appointed by the Mayor. The motion carried by the following vote: Members Estrada, Reilly, Hernandez, Pope-Ludlam, Council Members Maudsley, Minor. Absent: None. Ayes: Council Miller. Nays: 34 2/17/92 AMERICAN FLAG PATCHES ON CITY POLICE UNIFORMS - COUNCIL MEMBER HERNANDEZ - DISCUSSED EARLIER IN THE MEETING- SEE PAGE 33 (47) Ci ty Administrator Clark stated that the previous information given relative to the uniform issue was incorrect. She stated that on February 21, 1992 all officers would be given a survey, and asked to vote on whether or not to retain the American flag patch on the uniform. She recommended that no action be taken until after the February 21, 1992 vote. There was no action taken on this item. DEPUTY CITY ATTORNEY POSITION RECRUIT AND FILL POSITION AUTHORIZATION TO (S-3) In a memorandum dated February 17, 1992, James Penman, City Attorney, stated that when an Attorney resigned in October 1990, the attorney position along with a secretarial position were not filled. This action required that a number of the lawsuits assigned to this attorney be assigned to outside legal firms. The cost of employing private firms to represent the City on cases assigned to this attorney has exceeded the combined salaries, with benefits, of both the attorney's position a~d the legal secretary position left vacant. Additionally, outside firms were employed to give legal advice to certain City boards and committees previously advised by this attorney. An attorney has requested a two-month leave of absence from April 6, 1992 to June 17, 1992. The attorney mayor may not return at the end of the leave of absence. Due partially to the uncertainty of the future plans of the attorney in question, but primarily due to the inability of the remainder of the lawyers to absorb the departing attorney's assignments, a request has been submitted for permission to recruit for and fill a Deputy City Attorney position. The annual cost of the salary and benefits for the attorney requesting the leave of absence is $80,413.59. The estimated cost for the first twelve months of the cases to be contracted out is approximately $102,000. This amount does not include the cost of increased litigation due to lack of legal advise to certain City Departments nor the cost, in dollars or crime, of dismissing active criminal cases. Discussion ensued regarding the duties and authority of the City Administrator relative to authorizing personnel actions in the offices of elected officials. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, and unanimously carried, that the City Attorney be permitted to advertise and fill a vacant Deputy City Attorney position; and that the City Attorney grant a conditional two-month leave of absence without pay, as requested by Deputy 35 2/17/92 City Attorney Skropos, subject to the availability of a position at the end of the two-month leave of absence. CONTINUE PUBLIC HEARING - SET FOR FEBRUARY 17, 1992- TO MARCH 2, 1992 VERDEMONT INFRASTRUCTURE FEE INCREASE - SEE RELATED ITEM #41 - SEE PAGE 17 (S-5) In a memorandum dated February 13, 1992, Roger Hardgrave, Director, Public Works/City Engineer, stated that at the February 3, 1992 Council meeting, February 17, 1992 was the date set for a public hearing on the proposed increase in the Verdemont infrastructure fee. Upon checking, it was determined that no legal advertisement had been made in the newspaper for the public hearing. Staff recommends that the item be continued to March 3, 1992, to allow legal advertisement to be made. Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that the public hearing on the proposed increase in the Verdemont infrastructure fee increase, be continued to March 2, 1992, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2.75 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE USE OF THE CITY'S TELEVISION/CATV BROADCAST FACILITIES BY THE MAYOR OR MEMBERS OF THE COMMON COUNCIL. First (S-4) Mayor Holcomb expressed opposition to the proposed relating to the use of the City's television/CATV facilities by the Mayor or members of the Council. ordinance broadcast City Attorney Penman explained that the ordinance would prevent the political misuse of the position of the Mayor or City Council Members to use the City's Channel 3 facilities to criticize actions of the Mayor and Council except when the Council is in session, or during a debate or forum when both sides are given equal opportunity to argue their position. Discussion ensued regarding the discussions that have taken place during recesses and after the Council meetings, such as recent press conferences; and the ramifications of adopting this ordinance. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Miller. Nays: Council Member Maudsley. Absent: None. 36 2/17/92 NEW BUSINESS - SAND BAG POLICY - PUBLIC SERVICES - FIRE DEPARTMENT - COUNCIL MEMBER ESTRADA (NB-I) In a memorandum dated February Estrada requested that a discussion be bag policy. 17, 1992, Council Member held relative to the sand Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, that the policy relative to sand bags be considered as an urgency item arising after the Council agenda was posted; and requested that a discussion be held relative to the policy of issuing of sand bags by the Public Services and Fire Departments. City Administrator Clark stated that during the recent heavy rains the Emergency Operations Center was convened to deal with the emergency, and at that time sand bags were discussed. Authorization was given for the Purchasing Division to distribute sand bags to four Fire Stations, and to write a press release stating that the sand bags were available for free to City residents at a limit of twenty-five per resident; however, she was not aware that the Department of Public Services was giving away filled sand bags. City Attorney Penman stated that the Mayor and Council set policy, and in the absence of any Council policy, the City Administrator or the Director of Public Services would decide what action to take when emergencies arise. Discussion ensued regarding providing fee sand bags during emergencies, or whether to charge for providing sand bags at times other than emergencies. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the policy of the City be that under emergency conditions sand bags would be provided to City residents free of charge. (Note: There was no vote taken at this time.) Discussion ensued regarding how many sand bags would be given to residents during an emergency, and whether or not the sand bags would be filled or empty; and the current policy of distributing sand bags during local emergencies. Council Member Minor made a substitute motion, seconded by Council Member Estrada, and unanimously carried, that the policy relative to sand bags be referred to the Legislative Review Committee to establish a policy relative to the distribution of sand bags during normal times and on an emergency basis; that the bags be distributed empty, and that the current policy of distributing sand bags free of charge be continued until such 37 2/17/92 time as a change is made. COUNCIL MEMBER MILLER EXCUSED At 4:30 p.m., Council Member Miller left the Council meeting. FISCAL YEAR 1992/93 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM MIX - DISCUSSED EARLIER IN THE MEETING- SEE PAGE 25 (RS-I) In a memorandum dated February 10, 1992, Kenneth Henderson, Executive Director, Development Department/Economic Development Agency, stated that on January 30, 1992, staff conducted discussions with the City's U. S. Department of Housing and Urban Development (HUD) Community Planning and Development representative regarding the City's FY 1992/93 CDBG allocation. As a result of this discussion, staff was informed that the total grant amount for the upcoming 1992/93 fiscal year had been increased to a total of $2,003,000. The Program Mix categories are used to solicit proposals from individuals, non-profit agencies and City departments, which include public services (includes fair housing) ; capital improvements; rehabilitation loans/grants; demolition; purchase of Delmann Heights Water System (second payment); infill housing (acquisi tion off-sites) ; appropriated reserve; and administration. The recommended allocations are as follows: for public services, which includes fair housing, $300,450, fifteen percent of the grant; for capital improvement and infrastructure projects $1,213,950; and administration $400,000, twenty percent of the grant. For the following categories staff recommends no funds be allocated because adequate funding currently exists in these funds: rehabilitation loan/grant, demolition, infill housing, and appropriated reserve. Council Member Reilly made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council approve and adopt the FY 1992/93 CDBG Program Mix for the period beginning July 1, 1992 and ending June 30, 1993 and authorize staff to solicit proposals for same. RECESS MEETING - CLOSED SESSION (I) At 4: 34 p . m., the Mayor and Common Counc i I and Community Development Commission recessed to closed session for the following: a. to give negotiator Government instruction to the on the purchase of Code Section 54956.8. City's/Commission's property pursuant to The real property 38 2/17/92 which the negotiations concern is generally located at: . , b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the attorney regarding pending Ii tigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation; to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a). f. pending Section decide CLOSED SESSION At 4:34 p.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the being present: Mayor Holcomb; Council Members Hernandez, Maudsley, Minor; Senior Assistant City Barlow, City Clerk Krasney, City Administrator Clark. Council Members Reilly, Pope-Ludlam, Miller. following Estrada, Attorney Absent: Also present: Tim Steinhaus, Agency Administrator, Economic Development Agency; Kenneth Henderson, Executive Director, Development Department/Economic Development Agency. CITY ATTORNEY PENMAN ARRIVED At 5:10 p.m., City Attorney Penman arrived at the closed session. 39 2/17/92 ADJOURN CLOSED SESSION At 5:24 p.m., the closed session adjourned to the regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 5:24 p.m., Mayor Pro Tem Pope-Ludlam reconvened the 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 Krasney with the following being present: Mayor Pro Tem Pope-Ludlam; Council Members Reilly, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Mayor Holcomb; Council Members Estrada, Hernandez, Miller. City Attorney Penman announced that the following additional case had been discussed in closed session: County of San Bernardino Medical Aaencv vs. City of Case No. 268390. and Inland Counties Emeraencv San Bernardino - Superior Court City Attorney Penman announced that the location of property discussed in closed session was north of Highland and Sterling; and that the negotiator had been Tim Steinhaus, Agency Administrator, Economic Development Agency. ADJOURNMENT (54) At 5:24 p.m., Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, and unanimously carried, that the meeting be adjourned to Tuesday, February 25, 1992, at 11:00 a.m., in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California. RACHEL KRASNEY City Clerk By ~n!~ ~ ' Melanie Vale Deputy City Clerk No. of Items: 85 No. of Hours: 9 40 2/17/92,