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HomeMy WebLinkAbout06-08-1987 Minutes City of San Bernardino, California June 8, 1987 This is the time and place heretofore set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held on Monday, June 1, 1987, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held at 9:00 a.m., Monday, June 1, 1987, 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 4:30 p.m., on Tuesday, June 2, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:05 a.m., Monday, June 8, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Council Member Pope- Ludlam. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Phil Arvizo, Executive Assistant to the Council. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Ad- ministrator Schweitzer. Absent: None. BRIEF COMMENTS BY GENERAL PUBLIC There were no comments presented by the General Pub- lic. (A) APPOINTMENT - POLICE COMMISSION - DON BAKER Pursuant to a memorandum dated May 29, 1987, from Mayor Wilcox, Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously carried, that the appointment of Don Baker, 4364 Scripps Drive, San Bernardino, CA 92407, to the Police Commission, as re- quested by Council Member Minor, representing the Fifth Ward, be approved. (B) City Clerk Clark administered the Oath of Office to Mr. Baker. Counci 1 Member Minor congratulated Mr. Baker and presented him with a certificate. NEW PLANNING DIRECTOR - ANNE SIRACUSA Mayor wilcox introduced the new Planning Director, Anne Siracusa. CHANGE OF ZONE NO. 87-6 - FROM R-l, SINGLE-FAMILY RESIDENTIAL TO R-3 MULTIPLE FAMILY RESIDENTIAL _ SEVERANCE AVENUE - NORTH OF 39TH STREET - DAVID DAY & CHARLES PETTERSEN - CONTINUED FROM JUNE 1, 1987 This is the time and place continued to for consider- ation of an appeal filed by David Day and Charles Petter- sen on the Planning Commission's denial of Change of Zone No. 87-6, to change the land use zoning designation from R-l Single-Family Residential to R-3 Multiple Family Resi- dential, on property located on a rectangularly shaped parcel of land consisting of approximately .29 acres hav- ing a frontage of approximately 64 feet on the west side of Severance Avenue and being located approximately 84 feet north of the centerline of 39th Street (3914 Sever- ance Avenue). (1) Principal Planner Vince Bautista explained the back- ground of the request for Change of Zone No. 87-6, which was unanimously denied at the Planning Commission meeting of May 6, 1987. Mr. Bautista referred to two letters: one dated May 12, 1987, from appellants Chuck Pettersen and David Day, in which they appealed the decision of the Planning Commission; and a letter dated April 30, 1987, from Mr. & Mrs. Joseph Ricotti, 3943 Severance, in which they opposed Change of Zone No. 87-6. Principal Planner Bautista answered questions regard- ing the Environment Impact Checklist, and explained that a number of environmental issues are considered under CEQA, such as traffic safety and flooding. The fact that Sever- ance Avenue is substandard, constitutes an enviromental issue but could be mitigated by improvement of street pavement. Flooding could be mitigated by raising the pads above the flood line. Deputy City Attorney Grace stated that the City does not have the authority to impose conditions on a zone change. Therefore, if the zone change were approved with the condition that the street improvements be done, it would have to be done at the City's expense. She ex- plained, however, that at some later time, this cost could be included in a Conditional Use Permit. Chuck Pettersen, Appellant, explained the investiga- tion he and Mr. David Day had done in regard to the pro- posed development of a three unit complex on the back of the property located at 3914 Severance Avenue. He stated it seemed that the change of zone to R-3 was appropriate in view of surrounding property being zoned R-3 and was in compliance with the General Plan in the area. Mr. Petter- sen stated that they felt the complex would provide im- provements in the area due to the installation of curbs and gutters. Mr. Pettersen answered questions, stating there is a house on the front of the property in question, and ade- quate room for the proposed three-unit complex. He also stated there is also adequate room for the required 24 foot driveway. David Day, 6583 Summit, Highland, Appellant, stated that the City had sent out approximately 50 letters to surrounding property owners, and had received only one letter in protest of the proposed zone change. At the Planning Commission meeting when this was considered, no one opposed the development. Principal Planner Bautista answered questions regard- ing the land use designation of surrounding properties. He stated that the major objection to this proposed project was the safety problem on Severance Avenue as well as at the intersection of Severance and 40th Street. Council Member Maudsley made a motion, seconded by Council Member Flores, to close the public hearing and uphold the decision of the Planning Commission to deny Change of Zone No. 87-6. 2 6/8/87 The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: Council Member Miller. Absent: None. The Mayor and Council discussed the problems small developers have in developing their projects and expressed their desire to assist them in providing them proper guidelines. REDEVELOPMENT AGENCY - ADJOURNED REGULAR MEETING The Adjourned Regular Meeting of the Redevelopment Agency was called to order by Chairman Wilcox in the Council Chambers of City Hall, 300 North "0" Street. ADJOURN REDEVELOPMENT AGENCY MEETING All Redevelopment Agency business having been com- pleted, at 10: 18 a.m., the Adjourned Regular Meeting of the Redevelopment Agency was adjourned. RECONVENE MEETING At 10: 18 a.m., the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Council Cham- bers of City Hall, 300 North "0" Street, San Bernardino, California. WAYS AND MEANS COMMITTEE REPORT - MAY 26, 1987 - CONTINUED FROM JUNE 1, 1987 Council Member Estrada, Chairman of the Means Committee, presented the report of the Means Committee meeting held on May 26, 1987. lowing items were discussed: Ways and Ways and The fol- (2 ) 1. Review of Outstanding Purchase Orders - A briefing was presented by Mr. Dean Meech, Purchasing Agent, regarding vendor track- ing, method of listing vendors by commodity code, and advancements made in purchasing process under the Management Information System. Mr. Meech recommended that the City adopt a program that would upgrade turned-in ve- hicles. The process would be similar to that used by the California Highway Patrol. It would bring better return to the City with minimal investment to prepare the vehicles for sale. The Committee recom- mended that a proposal be drafted and pre- sented at the second meeting in June. 2. ~ut~~ense - Cit~ttorney-Elect, James Penman - The Committee recommended ------- that the City Administrator study this issue in concert with Attorney Penman. A recommendation was to be brought back to the Committee. Prior to adjournment of the meeting, Mr. Penman requested withdrawal of his request. Item tabled. 3. Discussion - Softball Fees - Item con- tinued. The Committee requested a report from Mr. Kramer, Parks, Recreation and Community Services Department, spelling out the Special Interest Program; the costs incurred and what City and user pay. Park, Recreation and Community Services Depart- ment will include comparisons from other cities on cost of lights, equipment, admin- 3 6/8/87 istration, cost of out-of-town players in their report to be brought back to the Committee on June 8th. Additionally, Mr. Kramer is to meet with the softball mana- gers in an attempt to identi fy optional plans the teams can use to raise money. 4. ~ateria~nd E~pment at Convention Center - Item continued. The City Adminis- trator will draft a letter for the Commit- tee to send to the City Bankruptcy Attor- ney, Mr. Simon, requesting an opinion. The City Administrator and Public Buildings Superintendent were requested to provide an itemized price list of all the equipment presently stored in the Convention Center. City Administrator Schweitzer stated that an opinion from Mr. Simon had been received. 5. Cancellation of Custodial Contracts -A e r lar;--GTbson;-A""mei1canBU1TdTng Ma i n- tenance - The Committee recommended that PUblicBuildings resume custodial services effective July 1, 1987, for FY 87/88. A review and evaluation of services from using departments will be presented to the Council at the mid-year budget review. 6. Resolution Fixing and Determining Fees and Charges for Collection and Disposal of Refuse; R~~lin~esolution 83-245 and Amendments Thereto - The Committee recom- mended-Setting-a-public hearing for in- creasing fees on June 15,1987. Public Services will provide the Committee a full report comparing the fees proposed with other cities for once a week service. The report is to provide information for resi- dential and commercial fees separately and will recommend options available to the City. An historical view with past costs (from 1983), costs absorbed by the City, cost of equipment, labor, landfill, etc., will be included. This report is due back to the Committee on June 8th. Mr. James French gave a presentation and distributed a study on a mechanized refuse collection system. 7. Future Use Profile - Available Studio ~!-2~ation Second Chance Building - Item continued. The City Administrator is to provide a full report on the Public Enter- prise Center Building One, after coordina- tion with the Redevelopment Agency regard- ing the use of this building for City func- tions and to move the Wests ide Drop-In Center/Utility Collection Center/Post Of- fice/CATV Studio; and have Redevelopment Agency to manage during interim period while recruiting for an operator. (See Item 9, page 11) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the Ways and Means Committee held May 26, 1987, be received and filed. 4 6/8/87 LEGISLATIVE REVIEW COMMITTEE REPORT - MAY 28, 1987 - CONTINUED FROM JUNE 1, 1987 Council Member Reilly, Chairman of the Legislative Review Committee, gave the report of the Legislative Re- view Committee held on May 28, 1987. The following items were discussed: (3) 1. Proposed Revisions to Municipal Code -Requirement for Connection of Developments to City Sewer System - Item continued. 2. Proposed Revision to MC Section 19.56.420 - Drainage of Storm Waters Over City Sidewalks Committee recommended adoption of ordinance. 3. Wai ver of Fees - Construction of Pro- posed School at Little League Drive/Belmont Street (Verdemont Area) - Item continued. The Unified School District will meet with the City Administrator when specific infor- mation is available. 4. Cash in Lieu Fee - Downtown Parking District - Committee recommended recision of!tfie--in-lieu fee paragraph of the exist- ing ordinance. The Committee further recommended that the Council request the Central Parking Place Commission to study the parking problems, provide the Committee some options and recommend a financing scheme. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the in-lieu fee section of the existing parking ordinance be referred to the Parking Place Commission for a recommenda- tion as to whether the fee should be increased or deleted; and that the Parking Place Commission be requested to re-evaluate and update the past studies on downtown park- ing solutions and provide the Mayor and Council various parking options and recommend a financing plan. 5. Resolution Confirming Costs of Abate- ment of Public Nuisances and Imposing Liens on Certain Real Property Located Within the ~l!Y for the Costs of Abatement -Committee recommended adoption of the resolution. Public Services will review the method of collection and the legality of adding a penalty charge when the cost is placed on the tax rolls. This item will be returned to the Committee within 30 days. (See Item No.8, page 9) 6. Review of "No Smoking" Ordinance -After extensive discussion, the Committee recom- mended that the Council set a public hear- ing to review the ordinances. Mr. Weitzman and Mr. Saldana will provide an ordinance for review along with the other two ordi- nances - one from Redlands and the other from the Clean Indoor Air Coalition. Mayor Wilcox urged the Council to set a ing to allow citizens the opportunity to have matter of a no smoking ordinance. public hear- input in the 5 6/8/87 r I The Mayor and Council discussed the appropriate time for setting a public hearing. The general consensus was that many people will be out of town during the summer months, and there are other more vital issues facing the City, such as adoption of the budget and the revision of the General Plan. Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, that the matter of the proposed smoking ordinance be referred back to the Legislative Review Committee, and that they have the task of reviewing some of these other ordinances com- ing up, and work on preparing a model ordinance for this City. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that Items 1 through 6 of the Legislative Review Committee Report of May 28, 1987, be received and filed. Item 7 will be heard on June 15, 1987. RECESS MEETING - CLOSED SESSION At 10:45 a.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the Adjourned Regular Meeting of the Mayor and Common Council recess to a Closed Session pursuant to Government Code Section 54957 to consider personnel matters in the matter of hiring and promotion of personnel in the City Attorney's Office. (4) CLOSED SESSION At 10:45 a.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "0" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Ad- ministrator Schweitzer. Absent: None. Also present: to the Mayor. Richard Bennecke, Executive Assistant DEPUTY CITY ADMINISTRATOR RICHARDSON ARRIVED At 11:10 a.m., Deputy City Administrator Richardson arrived at the Closed Session. ADJOURN CLOSED SESSION At 11:17 a.m., the Closed Session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 11:17 a.m., The Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Council Cham- bers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Minor. 6 6/8/87 CITY ATTORNEY'S OFFICE - PROMOTIONS AND ADDITIONAL PERSONNEL - APPROVAL Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the following personnel actions be approved: (5) APPOINTMENTS City Attorney's Office Dennis A. Barlow - Sr. Assistant City Attorney - Range 4170, Step 5 - Effective August 10, 1987 - Moving Expenses up to $1,000 Denice E. Brue - Assistant City Attorney - Range 4166, Step 3 - Effective July 1, 1987 Charles H. Redd - Deputy City Attorney III - Range 3155, Step 5 - Effective June 18, 1987 PROMOTIONS City Attorney's Office John F. wilson - From Deputy City Attorney III to Deputy City Attorney IV, Range 3162, Step 4 - Effective June 6, 1987 Cynthia Grace - From Deputy City Attorney II to Deputy City Attorney III - Range 3155, Step 3 - Effective June 6, 1987 Loren McQueen - From Deputy City Attorney II to Deputy City Attorney III - Range 3155, Step 3 - Effective June 6, 1987 COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the Council Table. CITY ATTORNEY REQUEST TO TRANSFER RISK MANAGEMENT DIVISION FROM CITY ADMINISTRATOR TO CITY ATTORNEY - CONTINUED FROM JUNE 1, 1987 This is the time and place continued to for consider- ation of the request by the City Attorney to transfer the Risk Management Division from the City Administrator's Office to the City Attorney's Office. (7) City Attorney Penman explained his request to trans- fer the Risk Management Division from the Office of the City Administrator to the Office of the City Attorney, and presented provisions of his request as set forth in a memorandum dated June 8, 1987, addressed to the Mayor and Common Council. In his presentation, Mr. Penman elaborated on the various points and answered questions. In the memorandum Mr. Penman quotes from the City Charter as follows: "The City Attorney shall be the chief legal officer of the City; . he shall repre- sent and appear for the City in all legal actions brought by or against the City, " (emphasis added). In the memorandum, Mr. Penman set forth legal duties which have been assigned to the Risk Management Office in violation of the Charter, and consequently in violation of State law and the Constitution of the State of California. Mr. Penman further presented two legal options for the Mayor and Council to consider: 7 6/8/87 1. Remove all legal functions assigned to the City Attorney by the Charter from Risk Management and place them under the City Attorney (i.e. investigation of claims, advice and decision making on all claims, hiring of attorneys, working and settlement of all Worker's Com- pensation cases, etc.). Non-legal department functions (i.e. safety, health, etc.) should remain under Risk Man- agement. 2. Transfer supervision of the Risk Management Of- fice to the City Attorney from the City Administrator as to legal department functions (as stated in option 1. preceding) only, retaining under the City Administrator supervision of the non-legal department functions (as stated in option 1. preceding). The memorandum further provided an alternative to the transfer of the Risk Management Division, that of prepara- tion of a Charter amendment and presentation of the same to the electorate. City Attorney Penman closed the memorandum by advis- ing the Mayor and Council to immediately correct this ongoing violation of the Charter, and to bring this City into compliance with the law. City Attorney Penman referred to two functions which had been illegally assigned to the Risk Management Divi- sion, that of hiring attorneys and investigation of legal claims. He stressed the importance of the initial inves- tigation of cases, and stated his office needed authority to supervise. Mr. Penman stated that although the inves- tigation would be done under the auspices of the City Attorney, Risk Management would probably do the actual investigation after each case had been reviewed by an attorney. Mr. Penman also stated he would hire outside Counsel for some cases, due to conflict of interest, or highly specialized areas of law. He stated he would request that the figure of $750,000 presently budgeted for outside counsel be immediately reduced by $300,000, and perhaps further reduced in the future. Mr. Penman answered questions regarding the receiving of claims in the City Clerk's Office, stating that the procedure would remain the same. The Mayor and Council discussed the job description of the Director of Risk Management. Mr. Gene Light, Director of Risk Management, stated that legal advice is given by his division only under the provisions of the Government Code which deals with rejec- tions or denial of claims. The exact language is more or less set forth. He stated that he had always been very careful in giving legal advice and had consulted with an attorney. Mr. Penman recommended that the Council take action today and suggested that option 2 in the memorandum be adopted, and that the City Attorney, City Administrator and Risk Management Director get together and define what those legal department functions are and bring back to Council at the July 6, 1987, meeting. Mr. Gene Light, Risk Management Director, indicated there are areas other than liability that are handled in Risk Management, such as safety, Cal Osha, risk identi- 8 6/8/87 fication, loss control recovery, Workman Compensation. An industrial nurse is on staff who is involved in treatment of minor Workman Compensation type cases. Mr. Light also raised the question of cases in Small Claims Court where attorneys are prohibited from participating. Mr. Light also stated he had planned to request a reduction in the budgeted amount of $750,000 for the hir- ing of outside counsel. Mr. Penman stated he anticipated that most of the functions now handled by Mr. Light's office will remain the same and expected very few changes would be made. The only difference would be that if there were a need to intervene, there would be authority to do so. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that effective immediately, the supervision of the Risk Manage- ment Office be transferred to the City Attorney's Office from the City Administrator's Office, as to legal depart- ment's functions only, and that the City Attorney, City Administrator and Director of Risk Management work to- gether to define the legal functions of Risk Management, and report back to the Council on July 6, 1987. RECESS ADJOURNED REGULAR MEETING - RECONVENE AT 2:00 P.M. At 12:10 p.m., Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the Adjourned Regular Meeting recess and reconvene at 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 2: 13 p.m., the Adjourned Regular Meeting recon- vened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Ad- ministrator Schweitzer. Absent: None. RES. 87-188 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (8) City Clerk Clark read the title of the resolution. City Administrator Schweitzer and City Clerk Clark answered questions regarding interest charges on abatement liens. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of the resolution be waived and said resolu- tion be adopted. Resolution No. 87-188 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. 9 6/8/87 REQUEST FROM CITY ATTORNEY TO CONSIDER URGENCY AMENDMENT TO MUNICIPAL CODE SECTION 19.28.060 _ ZONING - C-3 GENERAL COMMERCIAL DISTRICT _ CONTINUED FROM JUNE 1, 1987 This is the time and place continued to for consider- ation of a request by the City Attorney to consider an urgency amendment to Municipal Code Section 19.28.060, C-3 - Zoning, General Commercial District. (6) Deputy City Attorney Wilson presented an analysis of the law regarding the adoption of emergency ordinances. The adoption of an emergency or urgency ordinance has an effect upon the citizens, as the ordinance goes into ef- fect immediately, cutting off certain referendum and initiative rights. An important point is the requirement that findings must be made to support the adoption. In order to adopt an emergency or urgency ordinance, the Council has to find that the health, safety or welfare of the City of San Bernardino requires such immediate action. Deputy City Attorney Grace stated that the test for adopting an urgency clause in an ordinance is very broad. However, when the ordinance applies to something that is a project under CEQA, the test becomes narrower. It must be some kind of natural disaster, such as fire, flood, earth- quake, or famine. An urgency ordinance cannot be adopted for a project under CEQA without going through an environmental assessment to determine if there will be a significant effect and then taking whatever action is necessary. Deputy City Attorney Wilson stated that the matter of an urgency amendment to Municipal Code Section 19.28.060 concerns a request for a height variance under CEQA, whereby the ordinance might be adopted under the urgency provisions and subject to an environmental review under CEQA. Deputy City Attorney Grace answered questions, stat- ing that a commercial developer wanted to increase the height limit in a building from three stories to four. The effect of such an amendment would be quite extensive in the C-3, C-3A Zoning Districts. Deputy City Attorneys Wilson and Grace answered ques- tions of the Council regarding emergency provisions and prior Planning Commission action regarding this matter. Ms. Grace stated that it had been remanded to the Environ- mental Review Committee for a liquifaction study. Deputy City Attorney Wilson stated it was his under- standing that the decision to remand the matter to the Environmental Review Committee would be appealed. A discussion was held regarding the appeal process. Deputy City Attorney Grace pointed out that anything is appealable under the provisions of Municipal Code Sec- tion 2.64. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the consideration of an urgency amendment to Municipal Code Section 19.28.060 be tabled. 10 6/8/87 REPORT - RELOCATION OF WEST SIDE DROP-IN CENTER - WEST SIDE UTILITY COLLECTION CENTER CATV FUNCTION TO PUBLIC ENTERPRISE FACILITY - EXPANSION OF DOROTHY INGHRAM LIBRARY - CONTINUED FROM JUNE 1, 1987 This is the time and place continued to for a report concerning the possible relocation of the West Side Drop- In Center, West Side Utility Collection Center CATV func- tion to the Public Enterprise facility (East Building #1) and the expansion of the Dorothy Inghram Library. (9) In a memorandum dated June 5, 1987, James Robbins, Deputy City Administrator/Administrative Services, pre- sented a report relative to the possible relocation of the West Side Drop-In Center, West Side Utility Collection Center, CATV function to the Public Enterprise facility (East Building #1) and the expansion of the Dorothy Inghram Library. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the proposed lease agreement with RDA for lease of 416 sq. ft. for the relocation of the Postal and Utility Collection Center be continued to June 15, 1987, in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California. (9-3) Dean Gray, Cable Television Coordinator, described the facility and equipment available in the Carrera Studio which is being considered for purchase. He stated the price of $25,000 had been negotiated by Deputy City Admin- istrator RObbins, and indicated that was the minimum price that could be obtained. City Administrator Schweitzer answered questions regarding fees from the CATV Lawsuit settlement, which are being used for this project. Council Member Maudsley made a motion, seconded by Council Member Estrada, to authorize the purchase of equipment and improvements from Carrera Studio at a price not to exceed $25,000. (9-1) The motion carried by the Council Members Estrada, Reilly, Miller. Noes. None. Absent: Member Pope-Ludlam. following vote: Flores, Maudsley, None. Abstain: Ayes: Minor, Council The Mayor and Council discussed the problem of van- dalism at this facility and possible security measures that could be taken to ensure better protection. Deputy City Administrator Robbins stated that there is surveillance equipment in the building and its just a matter of hooking it up. Deputy City Administrator Robbins answered questions regarding the cost of the lease of CATV studio and of- fices, (1200-1400 square feet) which he estimated would be $18,000 annually. This is covered in the 87-88 proposed budget as part of franchise fees and does not detract from General Fund expenditures. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, to author- ize the City Administrator or his designee to enter into a lease agreement with RDA for lease of CATV studio and offices. (9-2) 11 6/8/87 Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, to direct the City Attorney to prepare the necessary agreements with RDA for the required space. (9-4) City Administrator Schweitzer agreed to work with the Redevelopment Agency on security problems, the cost and possible solutions, and report back to the Council on June 15, 1987 RECESS MEETING - CLOSED SESSION - CONTINUED FROM JUNE 1, 1987 At 3:00 p.m., Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously car- ried, to recess to a Closed Session to meet with its des- ignated representatives regarding labor relation matters pursuant to Government Code section 54957.6. (10) CLOSED SESSION At 3:00 p.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Ad- ministrator Schweitzer. Absent: None. Also present: Fire Chief Newcombe. DEPUTY CITY ATTORNEY GRACE ARRIVED At 3:42 p.m., Deputy City Attorney Grace arrived at the Closed Session. ADJOURN CLOSED SESSION At 3:45 p.m., the Closed Session adjourned to the Adjourned Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 3:45 p.m., the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Ad- ministrator Schweitzer. Absent: None. ADJOURN TO MANAGEMENT INFORMATION CENTER (MIC) _ BUDGET PRESENTATION - CONTINUED FROM JUNE 1, 1987 At 3:45 p.m., Council Member Reilly made a motion, seconded by Council Member Flores, that the meeting be adjourned to the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernar- dino, California, for a budget presentation. (11) The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Minor, Pope-Lud- lam, Miller. Noes: Council Member Maudsley. Absent: None. 12 6/8/87 RECONVENE MEETING At 4:1313 p.m., the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Management Information Center (MIC), Sixth Floor, City Hall, 31313 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Clerk Clark, City Administrator Schweitzer. Absent: City Attorney Penman. BUDGET PRESENTATION City Administrator Schweitzer stated an overview of the previous ten years of the budget would be presented. City Administrator Schweitzer presented the General Fund budget to the Council. He explained that budgets for other funds such as Street Construction Fund and Cemetery Fund will be presented as soon as possible. Deputy City Administrator Robbins explained that the population of the City has grown from approximately 1136,131313 in 1977 to the most recent figure of 141,131313; and that the City staff had increased from 965 in 1977 to approximately 1,13213 presently. Mr. Robbins presented charts showing authorized per- sonnel figures in all City Departments for the past ten years and explained increases and decreases which have occurred over the years. In a memorandum dated June 8, 1987, Finance Director Knudson presented a listing of dates of adoption of the preliminary and final budgets for the ten prior fiscal years. In nine of the ten years a continuing resolution was adopted to enable business to be conducted pending adoption of the final budget. Such resolutions have res- tricted capital expenditures and personnel changes until final review and adoption. Mr. Knudson also explained that it is staff's intent to present a continuing resolution on June 15, 1987, for Council consideration, so that budget deliberations may continue past June 313, 1987, if neces- sary. Finance Director Knudson presented a chart showing the General Fund by categories for 1987-88, stating there was a 3.3 million dollar revenue increase. He explained revenue generations, giving the background of increased revenue in sales tax, utility tax, property tax, various City fees, business licenses, franchise tax and bed tax. Using a flip chart, Deputy City Administrator Robbins showed all fund expenditures and he showed that the eight largest departments use 913% of the revenue. He also showed the Police and Fire Departments portions of the budget and carrying over of balances of General Fund. Deputy City Administrator Robbins presented a chart showing the differences in revenue received in 1986-87 and proposed in 1987-88, as follows: 13 6/8/87 1986-87 1987-88 Beginning Bal. $ 2,540,422 $ 400,000 Revenue Increase 3,428,854 3,824,262 Revenue Sharing 597,400 - 0 - Oper. Contingency 1,054,791 250,000 S.B. 300 Fund 337,935 - iJ - $ 7,959,402 $ 4,474,262 Difference $3,485,140 A Summary Sheet was presented regarding the General Fund, with the following summary of budgeted expenditures: Budgeted Expenditures 1986-87 1987-88 Personal Services Materials & Servo Equipment Outlay Capital Improvement Dept. Cred i ts $39,525,543 14,799,881 1,076,813 941,688 (6,805,339) $38,987,938 15,761,402 1,135,732 103,530 (6,034,294) Total Budg. Expend. $49,538,586 $49,954,308 Total Est. Expend. $54,670,551 $54,877,038 (These figures include Total Transfer Out) CITY ATTORNEY PENMAN ARRIVED At 5:30 p.m., City Attorney Penman arrived at the budget hearing. The Mayor and Council discussed times and dates for subsequent budget hearings. They agreed to a schedule as follows: June 11, 1987 - 1:00 p.m. - 5:00 p.m. June 20, 1987 - 1:00 p.m. - 7:00 p.m. June 22, 1987 - 8:00 a.m. - 5:00 p.m. June 27, 1987 - 8:00 a.m. - 12:00 noon Mayor Wilcox suggested a Mayor and Council Workshop be held on or around July 10 or 11, 1987. ADJOURNMENT At 5:50 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the meetiD9 be adjourned to Thursday, June 11, 1987, at 1:00 p.m., in the Management Information Center (~lIC), Sixth Floor, City Hall, 300 North "0" Street, San Bernar- dino, California. ~~~ /' Ci ty Clerk No. of Items: 12 No. of Hours: 7 14 6/8/87