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Home My WebLink About05-16-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING MAY 16, 1996 COUNCIL CHAMBERS This is the time and place set for an adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino from the adjourned regular meeting held at 1:00 p.m., Monday, May 13, 1996, in the Economic Development Agency Board Room 201 North "En Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on Monday, May 13, 1996, 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 11:30 a.m., Tuesday, May 14, 1996, on the door of the place at which said meeting was held and on the bulletin board located in the City Hall Lobby, 300 North "D" 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 Minor at 10:04 a.m., Thursday, May 16,1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Cordova with the following being present: Mayor Minor; Council Members Negrete, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman; Deputy Ci ty Clerk Cordova; City Administrator Shauna Clark. Absent: Council Members Curlin, Arias. CLOSED SESSION (2) Pursuant to Government Code Section. Conference with legal counsel - existing litigation pursuant to Government Code Section 54956.9(a): Anstine, R. vs. City of San Bernardino - Court Case No. Not Available; City of San Bernardino vs. Arellanes. Frank L. San Bernardino Superior Court Case No. 264052; Armendariz. Tomas. et al. vs. City of San Bernardino - United States District Court Case No. CV 91-5757; 1 5/16/1996 Armendariz, Tomas. et al. vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 271093; Arriaqa. Amanda, et al. vs. Ci tv of San Bernardino San Bernardino Superior Court Case No. SCV 247466; Appeal No. E010264; Atchison. Topeka & Santa Fe vs. Board of Equalization - United States District Court Case No. C814365; Avila, Daniel vs. ci tv of San Bernardino, et al. San Bernardino Municipal Court Case No. SBCI 12522; Balleios, John vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 27859; Banks, Anthony vs. citv of San Bernardino District Court Case No. CV 95-3656; United States Barklaqe, Marianne vs. Citv of San Bernardino - United States District Court Case No. 94-7753; Beckett, James vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 18510; Bell. John Lee vs. City of San Bernardino, et al. - United States District Court Case No. 95-4231; Board of Water Commissioners vs. Cardiff Mutual Water Co. Court Case No. Not Available; Boetier. James vs. Omnitrans - San Bernardino Superior Court Case No. SCV 04858; Bond, Leslie vs. San Bernardino Community Development, et al. - San Bernardino Superior Court Case No. 276373; Bravo. Eloisa vs. City of San Bernardino Superior Court Case No. SCV 29108; San Bernardino Brazfield. Arthur Dean vs. Citv of San Bernardino, et al. San Bernardino Superior Court Case No. SCV 15782; Caldwell, Michael vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 26026; Cal Disposal ComDanv vs. citv of San Bernardino San Bernardino Superior Court Case No. SCV 14163; Cal Safari. Inc., etc., vs. Citv of San Bernardino - United States District Court Case No. CV 94-955; 2 5/16/1996 Castillo. Ann vs. City of San Bernardino Superior Court Case No. SCV 18079; San Bernardino Central City Company vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 29232; Childress. Bernardino. SCV 23744; Tammy. et al. etc., vs. Rvne Vernon, City of San - San Bernardino Superior Court Case No. City of San Bernardino vs. County of San Bernardino San Bernardino Superior Court Case No. SCV 18697; Coleman. Eric vs. City of San Bernardino. et al. States District Court Case No. CV 95-1190; United Cook. Esther vs. Carousel Mall - San Bernardino Superior Court Case No. SCV 07595; Countv of San Bernardino vs. City of San Bernardino. et al. - RIV SC 224288; Appeal E012673; S. Ct. No. S050179; Countv of San Bernardino vs. San Bernardino City Municipal Water - San Bernardino Superior Court Case No. SCV 14571; City of San Bernardino. et al. vs. County of San Bernardino - San Bernardino Superior Court Case No. SCV 24812; Crain. Lawrence vs. Citv of San Bernardino - San Bernardino Superior Court Case No. 229990/EOl1830; DK Mechanical Contractors vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 27168; Danco. Georqe vs. City of San Bernardino Superior Court Case No. 1403; San Bernardino Dowdell, Kenneth vs. City of San Bernardino - United States District Court Case No. CV 95-4738; Dowdell. Kenneth vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 21219; Duerinq, Dillon vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 27970; Dupee. Robert vs. Citv of San Bernardino Superior Court Case No. SCV 28025; San Bernardino Early. Wm. Roqer vs. City of San Bernardino. et al. San Bernardino Superior Court Case No. SCV 26115; 3 5/16/1996 People of the State of California vs. Elvoid, Lawrence S.. et al. - San Bernardino Superior Court Case No. SCV 265131; Estrada, Juan vs. Ci tv of San Bernardino Superior Court Case No. SCV 16132; San Bernardino People of the State of California 'is. Fairchild, Richard - San Bernardino Superior Court Case No. SCV 225549; People of the State of California vs. Fakhourv, Kareem - San Bernardino Superior Court Case No. SCV 26595; City of San Bernardino vs. Fireman's Fund Ins. Co. San Bernardino Superior Court Case No. SCV 271849; Flowers, EllUry. et al. vs. City of San Bernardino - United States District Court Case No. EDCV 95-199; Fontaine, Russell vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 21109; Forsythe, Patrick, vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 04753; GAEA Eauitus Corp. vs. City of San Bernardino, EDA, et al. San Bernardino Superior Court Case No. SCV 28589; City of San Bernardino vs. Gannett Outdoor Co.. Inc. - San Bernardino Superior Court Case No. SCV 07036; Garcia. Francella vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 14834; Graziano, Edward vs. City of San Bernardino - San Bernardino Superior Court Case No. 266939; Guardian Bank vs. Penman. et al. Court Case No. 92-4415; United States District Guardian Bank vs. Penman. et al. - San Bernardino Superior Court Case No. 272631; Gutierrez. Loretta, etc. vs. City of San Bernardino San Bernardino Superior Court Case No. SCV 16983; Hamilton. Marv vs. San Bernardino City Municipal Water - San Bernardino Superior Court Case No. SCV 20533; Hardv. Annie vs. Ci ty of San Bernardino, et al. San Bernardino Superior Court Case No. SCV 24437; 4 5/16/1996 People of the State of California vs. Hardy. Greq San Bernardino Superior Court Case No. SCV 24712; Henderson. Kenneth vs. EDA. et al. - San Bernardino Superior Court Case No. SCV 16489; Hill. Mark. et al. vs. Citv of San Bernardino. et al. - San Bernardino Municipal Court Case No. SBCI 27000; People of the State of California vs. Hodqdon. Warner - San Bernardino Superior Court Case No. SCV 01030; Howard. Sherrv vs. City of San Bernardino - San Bernardino Municipal Court Case No. SBCI 15298; Insurance Company of the State of Pennsylvania vs. City of San Bernardino. et al. - United States District Court Case No. 94- 0125; PeoDle of the State of California vs. JNH Nationwide Investments - San Bernardino Superior Court Case No. 265129; Kinard. Justin vs. Citv of San Bernardino - San Bernardino Municipal Court Case No. SBCI 26729; Kitchen. Tanisha etc.. vs. Citv of San Bernardino. San Bernardino Superior Court Case No. SCV 24528; et al. Lawhon. Michael vs. California Pavement/California vs. City of San Bernardino. et al. - San Bernardino Court Case No. SCV 25826; Pavement Superior People of the State of California vs. LeBrun. Jeffrey - San Bernardino Superior Court Case No. 265130; People of the State of California vs. Manta Manaqement Corp. - San Bernardino Superior Court Case No. SCV 18157; Martinez. Jose. et al. vs. Citv of San Bernardino San Bernardino Superior Court Case No. SCV 27310; Meech. Dean R. vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18049; Moore. David Paul vs. City of San Bernardino. et al. - United States District Court Case No. 95-424; Moore. Randv vs. Ci tv of San Bernardino. et al. States District Court Case No. 95-7532; United Moreno. Joe vs. City of San Bernardino. et al. San Bernardino Superior Court Case No. SCV 16187; 5 5/16/1996 Murcia, Pedro vs. City of San Bernardino Superior Court Case No. SCV 18115; San Bernardino Murphy. Jani vs. City of San Bernardino. et al. San Bernardino Superior Court Case No. SCV 23716; Nash. Estate of - San Bernardino Superior Court Case No. SPR 56637; Oden, Floyd vs. Bd. Admin of PERS Available. Court Case No. Not Patel. Amrut N. vs. Comm. Redev. District Court Case No. 91-14206; (city) United States People of the State of California vs. Patel, Suryakant - San Bernardino Superior Court Case No. 26006; Purnell. Norman vs. City of San Bernardino, et al. San Bernardino Superior Court Case No. SCV 09097; Ramirez, Rosa Maria vs. Citv of San Bernardino San Bernardino Superior Court Case No. SCV 13814; Ramos. Ramona vs. Citv of San Bernardino Superior Court Case No. SCV 16451: San Bernardino Revere Finance CorD vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 28961; Rosa. Maxine vs. City of San Bernardino Superior Court Case No. SCV 26933: San Bernardino Roy. Debdas vs. Sotelo/City of San Bernardino - San Bernardino Municipal Court Case No. SBCI 12861; Saman, Yousef vs. Ci tv of San Bernardino District Court Case No. 93-448; United States San Bernardino Hotel/Motel vs. City of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 264661; Schlosser. Randy vs. City of San Bernardino, et al. San Bernardino Superior Court Case No. SCV 20993; Scott. Deborah vs. Citv of San Bernardino, et al. San Bernardino Superior Court Case No. SCV 22447; Smith, Richard vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 21835: 6 5/16/1996 Solis. Jocelyn vs. Citv of San Bernardino - San Bernardino Superior Court Case No. SCV 21312; S. Pacific Transp. vs. Bd of Eq. Available. Court Case No. Not S. Pac. Pipe Line vs. citv of San Bernardino - Court Case No. Not Available. Stubblefield Construction Vs. Citv of San Bernardino #2 - San Bernardino Superior Court Case No. 252058; Sunwest Bank vs. Citv of San Bernardino, et al. San Bernardino Superior Court Case No. 02084; Taylor, Russell E. vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 11040; Turner, Lonnie vs. City of San Bernardino - San Bernardino Superior Court Case No. CI 276398; Vasquez, Priscilla vs. City of San Bernardino - San Bernardino Superior Court Case No. SCV 25761; City of San Bernardino vs. Walker. Brenda - San Bernardino Superior Court Case No. SCV 06402; People of the State of California vs. Webster. Lawrence - San Bernardino Superior Court Case No. SCV 03727; People of the State of California 'is. Wood. Patrick J., et al. - San Bernardino Superior Court Case No. SCV 265128; Wooten Frank vs. City of San Bernardino Superior Court Case No. SCV 27737; San Bernardino Yaqman. Stephen vs. City of San Bernardino. et al. San Bernardino Superior Court Case No. SCV 28312; zi to. Thomas vs. City of San Bernardino Superior Court Case No. SCV 20627. San Bernardino It was the consensus of listed under closed session deliberations. the Mayor and Council that the cases be discussed later in the budget FY 1996/97 BUDGET DELIBERATIONS - CONTINUED FROM MAY 13, 1996 (1) Michael Lynd and Jeffrey Carr, Labor Relations Representatives, San Bernardino Public Employees Association, 433 North Sierra Way, San Bernardino, CA, submitted a letter dated May 7 5/16/1996 15, 1996, recommending possible budget reduction measures. City Attorney Penman stated that cities are now required to make a list of mandated functions, and reductions cannot be imposed on such functions until action has been taken to reduce non- legislative operations. He eXplained that his office is currently working on the list of required duties. A discussion ensued regarding the duties requiring funding versus those not mandated and the possible savings as a result of the code enforcement consolidation. It was noted that these savings need to be considered as well as the energy savings. Budqet Reduction Summary, Paqe 9. Cancel Franklin D. Roosevelt Bowl Concerts - Parks. Recreation & Community Services Council Member Oberhelman made a motion, seconded by Council Member Negrete, and unanimously carried, that the cancellation of the Franklin D. Roosevelt Bowl concerts be approved in concept. Annie Ramos, Director of Parks, Recreation Services, was instructed to pursue the imposition of conduct of the Franklin D. Roosevelt Bowl concerts. & Community a fee for the Budqet Reduction Summary. Paqe 10. Eliminate One Communi tv Services Manaqer - Parks. Recreation & Community Services Director Ramos explained that the position is vacant and answered questions concerning the impact of the deletion of the Community Service Manager. Faye Rogers opposed the deletion of the Community Services Manager. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the elimination of one Community Services Manager be approved in concept (leaving. only one to manage both the downtown and Perris Hill centers) Budqet Reduction Summarv. Paqe ll. Repair/Replacement Proqram - Public Services Reduce Concrete Jim Howell, Director of Public Services, explained that the proposed action would be eliminating one of four vacant positions and the duties could be absorbed between employees and contractors. He answered questions regarding the cu~rent operating procedures. Council Member Anderson made a motion, seconded by Council Member Oberhelman, that the reduction of the concrete repair/replacement program be approved in concept. 8 5/16/1996 The motion carried by the following vote: Members Oberhelman, Devlin, Anderson, Miller. Member Negrete. Absent: Council Members Curlin, Ayes: Nays: Arias. Council Council Budaet Reduction Summarv. Paae Director Position (General Fund Portion) 12. Eliminate Assistant - Public Services Director Howell explained the impact the deletion of the Assistant Director position would have on his department. Council Member Oberhelman made a motion, seconded by Council Member Anderson, that the elimination of the Assistant Director position (general fund portion) be approved in concept. The motion carried by the following vote: Members Oberhelman, Devlin, Anderson, Miller. Member Negrete. Absent: Council Members Curlin, Ayes: Nays: Arias. Council Council Budaet Reduction Summary. Paae 13. Eliminate Typist Clerk III Position - Public Services Director Howell explained that the Typist Clerk III position is currently vacant and the department may experience a delay in projects as a result of the proposed elimination. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the elimination of the Typist Clerk III position be approved in concept. Budaet Reduction Summary, Paae 14. Reduce Traffic Enaineerina Services - Public Works/Enaineerina Fred Wilson, Assistant City Administrator, explained that two positions have been vacant for the past year and the deletion of said positions would eliminate the second procedural review. Council Member Oberhelman made a motion, seconded by Council Member Anderson, and unanimously carried, that the reduction of traffic engineering services be approved in concept. Budaet Reduction Swnmary. Paae 15, Eliminate Occupational Health Nurse Proaram - Risk Manaaement Barbara Dillon, Acting Director of Risk Management, submitted a list of cost alternatives for the Occupational Health Programs and answered questions regarding the proposed elimination of the Occupational Health Nurse position. Dick McGreevy, Disaster Preparedness Coordinator, Fire Department, stated that the scheduling of the first aid classes and the disaster preparedness triage training could be absorbed by the Fire Department. 9 5/16/1996 A discussion was held regarding the costs for contracting out the services currently provided by the nurse versus retaining the full-time position. It was requested that the cost the City Nurse and a cost sheet services be provided. for all functions performed by for the contracting of such COUNCIL MEMBER ARIAS ARRIVED At 10: 55 a. m., Council Member Ar.~as arrived at the Council meeting and took her place at the council table. Janet Burch, Occupational Health Nurse, Risk Management, provided a synopsis of the duties she performs and answered questions relative to such. The following individuals spoke in support of retaining the Occupational Health Nurse position: John Tucker, San Bernardino Public Employees Association, 433 North Sierra Way, San Bernardino, CA. Nathaniel Blackstone, Vendor. Council Member Anderson made a motion that the elimination of the Occupational Health Nurse Program be approved in concept. The motion failed for the lack of a second. Council Member Oberhelman made a motion, seconded by Council Member Devlin, that the matter be continued until additional information is provided. (Note: There was no date and time specified. ) The motion Members Negrete, Member Anderson. carried by the following vote: Arias, Oberhelman, Devlin, Miller. Absent: Council Member Curlin. Ayes: Nays: Council Council Discussion ensued regarding the possibility of combining the fire and police dispatch operations. Jeff Carr, Labor Relations Representative, San Bernardino Public Employees Association, 433 North Sierra Way, San Bernardino, CA, stated that the actual cost for combining the dispatch operations would be $100,000, and; therefore, would not bring about a savings. City Administrator Shauna Clark explained that the from the recommendations made from the audit of Department. It was noted that a possible savings could since the fire dispatch was under utilized. issue arose the Police be realized 10 5/16/1996 Council Member Oberhelman made a motion, seconded by Council Member Miller, and unanimously carried, that the following budget reduction measures for the fiscal year 1996/97 be approved and/or ratified: BUDGET REDUCTION MEASURES: 1. Close/eliminate Central Stores - Finance. $ 81,000* 2 . Eliminate some park tree trimming - Parks, Recreation & Community Services. 10,000* 3. Close the ceramics studio - Parks, Recreation & Community Services. 4,200* 4. Cancel Franklin D. Roosevelt Bowl concerts - Parks, Recreation & Community Services. 11,000 5. Eliminate one Community Servi.ces Manager, leaving only one to manage both the downtown and Perris Hill centers - Parks, Recreation & Community Services. 41,000 6 . Reduce concrete repair/replacement program - Public Services. 33,800 7. Eliminate Assistant Director of Public Services position (General Fund portion) 42,400 8. Eliminate Typist Clerk III position - Street Division, Public Services Department. 27,400 9. Reduce traffic engineering services - Public Works/Engineering. 111,500 Council Member Oberhelman made a motion, seconded by Council Member Miller, that the following budget reduction measure be ratified: 10. Eliminate Utility Payment & Postal Services Center at the Westslde Community Service Center - Parks, Recreation & Community Services. 65,800* The motion carried by the following vote: Ayes: Members Arias, Oberhelman, Devlin, Miller. Nays: Council Negrete, Anderson. Absent: Council Member Curlin. Council Members Council Member Oberhelman made a motion, seconded by Member Negrete, and unanimously carried, that the following enhancements for fiscal year 1996/97 be ratified: Council revenue 11 5/16/1996 REVENUE ENHANCEMENTS: 11. Increase parking citation penalties. 15, CXXl* 12. Modify Municipal Code to allow for citations of vehicles not displaying current registration tags. 6,000* 13 . Increase Clerk's Office administrative fees for abatements. 6,400* 14. Impose new fees for issuing demand letters, release of lien documents and duplicate release of lien documents - lien process. 1,600* 15. Change business registration fee for vending machines. 32,400* 16. Change business registration fee for pool halls. 4,700* 17. Increase weed abatement administrative fee to reflect costs. 20,000* 18. Charge for operator's permits. 9,000* 19. Raise the towing administrative fee from $25 to $50. 34,000* 20. Issue a citation for illegal burn calls rather than a warning. 5-10,000* 21. Charge a fee for the 3rd and 4th fire inspection (when a continued violation requires these additional inspections) 100,000* NOTE: *On May 13, 1996, Item Nos. 1, 2, 3, and 10 through 21 were approved in concept; therefore, the figures are not included in the reductions for May 16, 1996 . Total Deficit Total Revenues & Reductions (5/13/96) $2,560,800 1,338.900 $1,221,900 267,100 $ 954,800 Total Reductions (5/16/96) Remaining Deficit: ---------- ---------- 12 5/16/1996 It was the consensus of the Mayor and Council that the budget deliberations be continued to May 20, 1996, with the intent that the item be continued to 10:00 a.m., Tuesday, May 21, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ADJOURNMENT (3) At 11:47 a.m., the adjourned regular meeting adjourned. The next scheduled regular meeting will be held at 8:00 a.m., Monday, May 20, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By i~ d~ ~~.~ . zanna Cordova eputy City Clerk No. of Items: 3 No. of Hours: 1 hr. & 45 min. 13 5/16/1996