Loading...
HomeMy WebLinkAbout09-29-1992 Minutes MINUTES MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING SEPTEMBER 29, 1992 COUNCIL CHAMBERS This is the time and place set for a joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino from the regular meeting held at 8:30 a.m., Monday, September 21, 1992, 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, September 21, 1992, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 1:00 p.m., Wednesday, September 23, 1992, on the door of the place at which said meeting was held. The joint adjourned regular meeting of the Mayor and Common Council and the Community Development Commission of the City of San Bernardino was called to order by Mayor Holcomb at 9:01 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 Holcomb; Council Members Estrada, Hernandez, Mauds1ey, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk R. Clark, Assistant City Administrator Wilson. Absent: Council Member Reilly. COMMUNITY DEVELOPMENT COMMISSION JOINT ADJOURNED REGULAR MEETING At 9:01 a.m., Chairman Holcomb called the joint adjourned regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. LOS PADRINOS GANG INTERVENTION PROGRAM FUNDING (R-1) =~:..i.:'1Ci.::' ::2::',::=:::- ~~-::::~~2~~S.~Z ~.2.c.c; ::'. :':'.-::;~~'2~_, :=::::;cc:~c.e'::: =~{ ~ounci.l Member Minor, that the request for funding for the Los Padrinos Gang Intervention program arose subsequent to the posting of the agenda. 1 9/29/92 The motion carried by the following vote: Ayes: Members Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Council Member Estrada. Absent: Council Member Reilly. Council Nays: In a memorandum dated September 28, 1992, Kenneth Henderson, Executive Director, Economic Development Agency /Development Department, stated that Council Member Hernandez recommended that the Los padrinos Gang Intervention program request for financial assistance in the amount of $96,000 be placed on the agenda. The Los padrinos Gang Intervention program has been reviewed, and the merits of the program have been acknowledged by the Community Development Citizen Advisory Committee, the Mayor and Council and Community Development CommisSion, and the Ways and Means Committee, who have been frustrated by their inability to identify available and eligible funds to fully fund the program. In an effort to alleviate this administrative impasse, on July 30, 1992, Mayor Holcomb sent a letter to the Department of Housing and Urban Development (HUD) in Los Angeles requesting a waiver of the fifteen percent limitation relative to the expenditure of public services category of Community Development Block Grant funds. Simultaneously, ~ayor Holcomb requested that the Ci ty' s Washington D. C. lobbyist intercede and expedite a favorable HUD response. Prior to HUD' s response, the Commission provided the Los padrinos program with a $25,000 grant using tax increment funds. Receipt of the funds was predicated on the development of a "professional services agreement" between Los padrinos and the Agency. The agreement would include within its Scope of Services: gang surveys, employment training, retention of construction trade industry experts, neighborhood revitalization strategies, community clean-up, graffiti removal, exterior painting of houses, and related matters. The intention of the Los Padrinos program was to undertake high profile activities that would make a dramatic improvement in the community. HUD's reply was not positive. HUD officials indicated that the fifteen percent restriction is a congressionally mandated statute and cannot be unilaterally and administratively waived. Due to these circumstances, staff recommended funding the difference between the $96,000 original request, and the $25,000 already received by the Los Padrinos program. The funding can be accomplished by having the City return the $200,000 in Collateralized Mortgage Obligation (CMO) funds previously transferred to the General Fund to the Agency, and replacing the CMO funds with rental income on a one-time only basis, from Shal1dir-l =:-=-~:.= Sc2..:: ':2..:..::::. ~~2 ::2S-.22..4:.:.~g 2.gr29~2~t ',lith :Sos padrinos would be an extension of the earlier Scope of Services referenced in the $25,000 contract and allow all tasks to be undertaken completely. -" 2 9/29/92 The Council discussed the scope of the Los padrinos Gang Intervention program; and how the additional funding would be utilized to contact and work with additional youth at risk and gang members. Ken Henderson, Executive Director, Economic Development Agency /Development Department, answered questions from the Council relative to the proposed use of CMO funds and Shandin Hills Golf Club rental income funds. He explained that by exchanging the funds in this manner, it would allow both the Los Padrinos program to be fully funded, and the City to continue operating many of its programs from the General Fund. A discussion was held regarding potential funding sources for the Los Padrinos program, such as CMO funds, and private sector funds, and how other funding sources could be sought more aggressively. Concern was expressed that the City of San Bernardino was the primary funding source for the Los padrinos program. Tim Street, program City of Gergen, Executive Director, Los Padrinos, 909 North San Bernardino, CA, explained that at this time is only serving youth at risk and gang members in San Bernardino. "0" the the Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council transfer $200,000 in Collateralized Mortgage Obligation (CMO) funds to the Economic Development Agency with $71,000 of such funds to be used to finance the Los Padrinos Gang Intervention Program; and that the Community Development Commission appropriate and transfer to the City, on a one-time only basis, $200,000 in Shandin Hills Golf Club rental income. The motion carried by the Members Estrada, Hernandez, Council Members Minor, Miller. following vote: Ayes: Maudsley, Pope-Ludlam. Absent: Council Member Council Nays: Reilly. ASSISTANT CITY ADMINISTRATOR WILSON RETURNED At 9:20 a.m., Assistant City Administrator Wilson returned to the Council meeting. MANAGEMENT /CONFIDENTIAL COMPENSATION - CITY MANAGEMENT ASSOCIATION - CONTINUED 21, 1992 SAN BERNARDINO FROM SEPTEMBER (2) This is the time and place continued to for consideration of the San Bernardino City Management Association ~W~~__~~~~~ !~~"~~~~"~~~1 ~~~~o~~~~~~~ ~~"""'~~"""':;;;_."'-..-J -~---~--~._--~.- -_.,,~~~---~--_.- In Chairman a memorandum dated of the Advisory September 15, 1992, Annie Ramos, Commi t tee, San Bernardino Ci ty 3 9/29/92 Management Association, stated that in May 1989, the Mayor and Council approved Resolution No. 89-129, approving a Management and Confidential Employee Compensation and Benefits Plan. Resolution No. 89-129 designated the following specific compensation levels and timelines for implementation: January 1, 1990 January 1, 1991 January 1, 1992 January 1, 1993 4.9% Cost of Living Adjustment (COLA) 4.3% COLA and Benefits Survey 3.6% COLA and Salary Survey 2.9% COLA and Benefits Survey In 1990, with the realization that the City was experiencing financial difficulties, the Management Association voted to voluntarily forego its approved increases in the interest of the City. Consequently, the Management and Confidential employees have not received a salary adjustment since 1989. By foregoing these approved increases, the City has saved over $1.1 million; however, all other employee units have continued to receive approved salary increases, costing the City $5.6 million. A balanced budget was adopted by Council on June 24, 1992. A number of events have occurred since that time that present a much better revenue picture than previously anticipated. First a pending Public Employees Retirement System (PERS) lawsui twas decided in favor of the City and Statd. Council took action on June 24, 1992 to transfer the balance of the PERS refund of $4.5 million to the Liability Fund. This action should fund almost all contingent liabilities, based on the Fiscal Year 1990/91 Annual Financial Report. Second, a recently completed financial audit of the City's liability fund has identified $1.3 million in uncollected insurance payments. Risk Management is currently negotiating for collection of these payments. Third, the State budget was finally adopted and Finance has done an analysis of its impact on the City. The City Fiscal Year 1992/93 budget assumed a $1,067,000 loss in property tax revenues, and a $500,000 loss in motor vehicle in-lieu fees. It now seems evident that the property tax revenue loss will be $800,000. Motor vehicle in-lieu fees are still undecided. Assuming these preliminary figures from the State are accurate, and revenues and expenditures remain constant, the ending General Fund balance is estimated at $2,005,994 in reserve. The Management Association requested that given these revenue factors, that the Mayor and Council authorize full implementation of the salary survey as designated by Resolution No. 89-129. Comp Plus completed the survey for seventy-six management and confidential classes in November 1991. Based on this survey, compensation levels and salary ranges have been develoned ~~at ?~~ C0~02~~~le ~0 +~e ~V~~?~8 lpvpl for similar positi~ns in like cities. Implementation- of the survey for calendar year 1992 is $568,036, which includes both salary costs and variable benefits. 4 9/29/92 Mayor Holcomb spoke in support of survey in light of the Management willingness to forego salary increases years when the City was experiencing very implementing the salary Association's members over the last several tight economic times. Council Member pope-Ludlam made a motion, seconded by Council Member Estrada, that the salary survey of November, 1991 be fully implemented effective July 1, 1992; and that the Director of Personnel be instructed to prepare the necessary amendments to Resolution 6413. Bob Elliott, General Manager, San Bernardino Public Employees Association (SBPEA), 433 Sierra Way, San Bernardino, CA, stated that he was encouraged by the City's current financial situation and hoped that the Mayor and Council would keep an open mind during upcoming general and mid-management employee contract negotiations. Annie Ramos, Chairman, San Bernardino City Management Association, Advisory Committee, answered questions from the Council regarding the November, 1991 salary survey conducted by Comp Plus. Mayor Holcomb stated that the City still has a very serious financial situation to face, but with good management the City will be able to weather the storm. He explained that there are no salary increases proposed for elected officials, and that City Administrator Shauna Clark has volunteered to forego her salary increase. He stated that the City has the best management team; however, they are earning far less than their contemporaries in other cities. City Attorney Penman explained that Resolution No. 89-129 concerning salaries for the management/confidential employees of the San Bernardino City Management Association is not a legally binding agreement, and could be repealed at any time. He expressed concern that it may not be the proper time to approve such salary increases because the City still faces tough economic times. The Council discussed the mid-year bUdyet projections and the budget projections for fiscal year 1993 94 relative to the liability funds, internal service funds, and claims. The Council reviewed the budget actions taken in June of 1992 relative to the Collateralized Mortgage Obligation (CMO) funds, and the PERS refund which created a reserve of $484,400 which was placed in the Unappropriated Reserve fund. Discussion ensued regarding the potential liability that may arise from legal '::2.~es. Annie Association, Ramos, Chairman, San Advisory Committee, Bernardino City answered questions Management from the 5 9/29/92 Council. Concern was expressed regarding the budget projections for Fiscal Year 1993/94, and whether it may be premature to approve these salary increases in light of a possible budget deficit next fiscal year. The motion carried by the following vote: Ayes: Members Estrada, Maudsley, Minor, pope-Ludlam, Miller. Council Member Hernandez. Absent: Council Member Reilly. Council Nays: PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 92-08- DELETE REQUIREMENT CONDITIONAL USE PERMIT- BUSINESSES IN EXCESS OF 15,000 SQUARE FEET WHERE ALCOHOL SALE IS NOT PRINCIPAL BUSINESS (3) This is the time and place set for a public hearing to consider Development Code Amendment No. 92-08, to change the square footage requirement for businesses or establishments that are subject to a conditional use permit when its primary business is not the sale of alcoholic beverages. In a memorandum dated September 16, 1992, Al Boughey, Director of Planning and Building Services, stated that when the Development COde was adopted, the minimum size requirement of 25,000 square feet that had been included in the Municipal Code was continued as a Development Code standard. The square footage requirement set the standard to determine which establishments would be subject to a conditional use permit for the sale of alcoholic beverages where this activity was not the principal activity of the business. The proposed amendment would not lead to an increase in the number or intensity of projects proposed; therefore, staff has determined that Development Code Amendment No. 92-08 is exempt from the provisions of the California Environmental Quality Act (CEQA). The Development Code Amendment is consistent with General Plan Goal 1G and Policy 1.7.1, where the intent is to achieve a pattern and distribution of land uses which retain and enhance residential neighborhood and commercial districts, as well as to accommodate the new development, adaptive reuse, and renovation in accordance with the Land Use Plan Map. This amendment would further implement this goal and policy by enhancing new development in commercial districts throughout the City. The intent of the square footage requirement was to exclude grocery stores and drug stores, that did not sell alcohol as principal business, from the requirement for a conditional use .t:2r:ni::.. C2ri.~~~Cn~21'"'L:::c =::.S~?S 2!'.C. ~.i_1'..lC'~ ~tc)2::''2S TTOl..!:!.d still be subject to the conditional use permit requirement. 6 9/29/92 The 25,000 square footage requirement is too large for a number of establishments (i. e., drug stores in strip centers) that would like to sell alcoholic beverages in addition to other primary items including the sale of drugs, pharmaceutical items, and household products, etc. These establishments are of sufficient size to satisfy development objectives of the original 25,000 square foot minimum and normally are smaller, ranging from 15,000 to 18,000 square feet. In order to consider the request of these smaller establishments to qualify for the sale of alcoholic beverages, a Development Code Amendment is necessary. These businesses would still be required to go through the Development Permit process. The Planning Commission, at its August 4, 1992 meeting, recommended approval of Development Code Amendment No. 92-08. City Clerk Rachel Clark read the title of the ordinance. Mayor Holcomb opened the hearing. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.06.030(2) (B) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATING TO THE REQUIREMENT OF A CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOL BEVERAGES IN RESTAURANTS OR LARGE BUSINESSES. First (3) Council Member Estrada made a motion, seconded by Council Member Minor, to waive further reading of the ordinance; and that said ordinance be laid over for final adoption. The motion carried by the following vote: Members Estrada, Hernandez, Minor, Pope-Ludlam, Council Member Maudsley. Absent: Council Member Ayes: Miller. Reilly. Council Nays: Several Council Members requested that separated into individual motions; therefore, retaken. the the votes be vote was COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council meeting. Council Member Hernandez made a motion, seconded by Council Member pope-Ludlam, and unanimously carried, to reconsider Development Code Amendment No. 92-08, to change the square footage requirement for businesses or establishments that are subject to a conditional use permit when its primary business is not the sale of alcoholic beverages. " _~._1~~1 1...~~ r<_,.~~~1 Member Minor, and unanimously carried, to close the public hearing. 7 9/29/92 Council Member Pope-Ludlam made Council Member Estrada, and unanimously reac~ng of the ordinance. a motion, seconded by carried, to waive further COUNCIL MEMBER MILLER RETURNED At 10:16 a.m., Council Member Miller returned to the Council meeting and took her place at the council table. Council Member Pope-Ludlam made a Council Member Minor, and unanimously ordinance be laid over for final adoption. motion, carried, seconded by that said RECESS MEETING - CLOSED SESSION (1) At 10:18 a.m., the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. based on existing facts below, the City Council whether a closed session California Government Code and circumstances, set out is meeting only to decide is authorized pursuant to Section 54956.9 (b) (2); b. to give instruction to the City's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The r6al property which the negotiations concern is generally located at: ; c. to consider personnel matters pursuant to Government Code Section 54957; d. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; e. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the pub~ic's right of access to public services or public facilities pursuant to Government Code Section 54957; f. to confer with the litigation pursuant to 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to g. to confer litigation i:;4?5C 0/,.-..\ wi th the pursuant en +-'"';:l+- attorney regarding to Government Code r"1~""'r'''; l 1~0mrn";_s;:::i0!". T1lav pending Section decide whether to initiate litigation; 8 9/29/92 h. to meet with an applicant for a applicant's attorney pursuant Section 54956.7; City license and the to Government Code i. to confer wi th the attorney regarding pending litigation which has been initiated formally to which the City is a party to pursuant to Government Code Section 54956.9(a) as follows: Stubblefield Construction Company. et al vs. City of San Bernardino. et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; City of San Bernardino vs. Liberty Cable T. V.. et al- United States District Court Case No. 82-6876 WMB; City of San Bernardino vs. County of San Bernardino. et al- Riverside Superior Court Case No. 207900; Tomas Armendariz. et al vs. James F. Penman. et al. - United States District Court Case No. 91-5757 CMB (JRx); Garcia vs. City of San Bernardino - San Bernardino Superior Court Case No. 249518; San Bernardino Police Officer's Association vs. Citv of San Bernardino (Bashaw) - San Bernardino Superior Court Case No. 239366; Tammv Murphv vs. City of San Bernardino - San Bernardino Superior Court Case No. 254764; Citv of San Bernardino vs. Bert Bussell. et al San Bernardino Superior Court Case No. 271568; Petrillo vs. Citv of San Bernardino Superior Court Case No. 255735; San Bernardino Weslev vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 265422. Lines vs. City of San Bernardino - San Bernardino Superior Court Case No. 221289. CLOSED SESSION At 10:18 a.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. 9 9/29/92 ROLL CALL Roll ca11 was taken by City Clerk R. Clark with the following being present: Mayor Holcomb; Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk R. Clark, Assistant City Administrator Fred Wilson. Absent: Council Member Reilly. Also present: Senior Assistant City Attorney Morillo, Deputy City Attorney Roth, and Administrative Operations Supervisor Scorggin, City Attorney's Office; Ernest Wilson, Affirmative Action Officer, Mayor's Office. SENIOR ASSISTANT CITY ATTORNEY MORILLO & DEPUTY CITY ATTORNEY ROTH EXCUSED At 10:24 a.m., Senior Assistant City Attorney Morillo and Deputy City Attorney Roth left the closed session. COUNCIL MEMBERS ESTRADA, HERNANDEZ & POPE-LUDLAM EXCUSED At 10:54 a.m., Council Members Estrada, Hernandez and Pope- Ludlam left the closed session. LACK OF A QUORUM At 10:54 a.m., there was no longer a quorum present at the Mayor and Common Council meeting. ADJOURNMENT (4) At 10:54 a.m., the joint adjourned regular meeting of the Mayor and Common Council adjourned to 8:30 a.m., Monday, October 5, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By: ~~~ Melanie Vale Deputy City Clerk ~ - No.. of Items: 7 No. of Hours: 2 10 9/29/92