HomeMy WebLinkAbout06-22-1994 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
ADJOURNED REGULAR MEETING
JUNE 22, 1994
STURGES AUDITORIUM
780 NORTH "E" STREET
SAN BERNARDINO, CALIFORNIA
This is the time and place set for an adjourned regular meeting of the Mayor and
Common Council of the City of San Bernardino from the regular meeting held at 8:00 a.m.,
Monday, June 20, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
The City Clerk has caused to be posted the Order of Adjournment of said meeting held
on Monday, June 20, 1994, 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 11:00 a.m., Tuesday, June 21,
1994, on the door of the place at which said meeting was held.
The adjourned regular meeting of the Mayor and Common Council of the City of San
Bernardino was called to order by Mayor Minor at 7:05 p.m., Wednesday, June 22, 1994, at
the Sturges Auditorium, 780 North "E" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor
Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Miller; Deputy City
Attorney Rhemrev, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent:
Council Member Pope-Ludlam.
Also present: Warren Diven, Brown, Diven and Hentschke, 12770 High Bluff Drive,
Suite #240, San Diego, CA, special assessment district counsel.
PUBLIC HEARING - ASSESSMENT DISTRICT NO. 994 - PROPOSED
EXTENSION & EXPANSION - CITY-WIDE STREET SWEEPING & STREET
LIGHTING ASSESSMENT DISTRICT (1)
This is the time and place set for a public hearing to consider the proposed extension and
expansion of Assessment District No. 994, the city-wide street sweeping and street lighting
assessment district.
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In a memorandum dated June 14, 1994, Roger Hardgrave, Director of Public Works/City
Engineer, provided responses to the questions raised at the public meeting of June 8, 1994,
relative to the proposed extension and expansion of city-wide Assessment District No. 994.
Fred Wilson, Assistant City Administrator, recommended that the following Policy
Statement be adopted: Assessment District No. 994 was established in 1990 for the purpose of
funding expanded street lighting and street sweeping services. The general fund money freed
up by the Assessment District has been and would continue to be diverted to the Police
Department for the funding of enhanced police services. Enhanced police services include, but
are not limited to, twenty-five civilian positions and twenty-three sworn positions. Assessment
District No. 994 is being expanded to cover the cost of traffic signal maintenance and graffiti
removal. The general fund money currently funding traffic signal maintenance and graffiti
removal would be diverted to the Police Department for the purpose of providing matching funds
to further enhance police services by seventeen additional sworn positions.
Assistant City Administrator Wilson stated that at the June 8, 1994 public meeting, the
Mayor and Council asked staff for additional information relating to the following issues:
SUNSET CLAUSE - A "sunset" clause is not included in the preliminarily approved
Engineer's Report for the proposed extension and expansion of Assessment District No. 994;
however, it could be incorporated into the report if desired. Staff recommends that if a sunset
clause is included in the Engineer's Report that it be for a period of ten years in order to
coincide with the financing plan for the 800 mega hertz radio communication system.
MOBILE HOME ASSESSMENT FORMULA - A single family residence is defined as
one unit. The current annual assessment per unit is approximately $48 annually, and would
increase to approximately $65 per year per unit if the district is extended and expanded. Mobile
home park owners are assessed at 63% of $65.00, or $40.95 per unit, based on the ratio
between the average population of mobile homes which is 2.02, and the average population of
single family homes which is 3.20.
IMPACT OF NEW AREAS ANNEXED INTO THE CITY & THE DEVELOPMENT
OF THE FORMER NORTON AIR FORCE BASE - The City is approximately fifty-nine square
miles, and has approximately 184,379 residents. Since 1990 approximately four square miles
have been annexed into the City. Additional officers would be required for patrol when the
former Norton Air Force Base is developed.
HOW TO FUND THE SALARY AND BENEFITS OF THE SEVENTEEN
ADDITIONAL POLICE EMPLOYEES WHEN THE DEPARTMENT OF JUSTICE GRANT
EXPIRES AFTER THREE YEARS - Although the Department of Justice grant terminates after
three years, the grant gives the City the opportunity to improve police services, which would
help meet the community's immediate needs. Staff must begin planning for the incorporation
of this expense into the budget.
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ASSESSMENT INCREASES & CAP ON ASSESSMENT INCREASES - A provision
was added to the Engineer's Report in 1990 to limit the increase in annual assessments to the
Consumers Price Index, or 5 %, whichever is less, to assure the property owners that future
assessment increases would not be excessive. These increases are not automatic, since the total
amount assessed is based upon the actual costs for providing the services. The 1990 assessment
levy was $47.77 per unit, in 1991 the levy was $48.74 per unit, in 1992 and 1993 the levy was
$47.54 per unit.
GUARANTEE THAT MONEY WOULD BE SPENT FOR LAW ENFORCEMENT
SERVICES - Assessment District No. 994 requires an annual review by the Mayor and Common
Council to ensure that the funds are being utilized for law enforcement services.
In a memorandum dated June 22, 1994, Rachel Clark, City Clerk, stated that as of this
date, the City Clerk's Office has received 319 letters of protest to Assessment District No. 994,
representing 1. 6 % of the entire district.
Daniel Robbins, Chief of Police, explained the Police Oriented Policing Program (POP),
which focuses police resources in areas of the community with ongoing police problems, and
cited several examples of successful POP projects. Chief Robbins explained that the Assessment
District Report contains information relative to how personnel is deployed to crime scenes, and
what costs are incurred in providing police services to the scene of a crime. He provided
information relative to the crime rate for the years 1990, 1991, 1992 and 1993; and provided
the definitions of various crimes. Chief Robbins explained how the department would deploy
the seventeen additional police officers, and provided a listing of department equipment available
for issuance; and stated that since the inception of Assessment District No. 994, the department
has received an additional $2.5 million annually.
COUNCIL MEMBER POPE-LUDLAM ARRIVED
At 7:18 p.m., Council Member Pope-Ludlam arrived at the Council meeting.
Discussion ensued regarding the employee benefits for police officers, the best method
for generating additional funding for police services, what alternative methods exist for
generating additional funding for police services, the level of crime in the community, the
average age of criminal offenders, and the deployment policies of the police department.
Chief Robbins answered questions about the deployment of the POP team, and the
response time to crime scenes.
Mayor Minor opened the hearing.
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The following individuals spoke in opposition to the proposed extension and expansion
of Assessment District No. 994:
Jospeh Monfreda, 5458 North Jasmine Street, San Bernardino, CA.
Mariana Hale, 2590 and 2396 Medical Center Drive, San Bernardino, CA, representing
the tenants of the Manor Mobile Home Park.
Ray Perkins, 2930 West Rialto Avenue, #53, Rialto, CA, representing the tenants of the
Herkelrath Mobile Estates.
Deane Geib, 4040 East Piedmont Drive, #301, Highland, CA.
Bill Katona, 1371 Walnut Street, San Bernardino, CA.
Tom Parrish, 2258 Bradford Avenue, San Bernardino, CA.
Richard Simon, 572 North Arrowhead Avenue, and 1768 East Sonora, San Bernardino,
CA, Chairman and spokesman for the Mobile Home Rent Board.
William Longo, 5234 Mayfield Court, San Bernardino, CA.
Vince Laster, 1061 Dover Street, San Bernardino, CA.
Gil Botello, 149 East Valley Street, San Bernardino, CA. Mr. Botello presented to the
City Clerk nine letters of opposition to Assessment District No. 994.
John Thur, 3936 North Golden, San Bernardino. CA.
Raymond Walsh, 3206 North "D" Street, San Bernardino, CA.
Ted Shrader, 398 East 18th Street, San Bernardino, CA.
Neal Hall, 3668 North "F" Street, San Bernardino, CA.
Helen Kopczynski, 8150 Cable Canyon, San Bernardino, CA. Mrs. Kopczynski
presented to the City Clerk a letter stating her opposition to this matter.
The following individuals expressed support for Assessment District No. 994:
Bill Carey, 645 "D" Street, and 3957 Oxford, San Bernardino, CA.
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Jim Hamlin, 4843 Village Green Way, San Bernardino, CA, representing the San
Bernardino Public Employees Association (SBPEA), expressed support for Assessment District
No. 994.
Gary Hilder, 1757 East Ralston Avenue, San Bernardino, CA, expressed support for
Assessment District No. 994.
Ruben Lopez, 631 West 16th Street, San Bernardino, CA, urged approval of the
proposed extension and expansion of Assessment District No. 994.
RECESS MEETING
At 8:36 p.m., Mayor Minor declared a five-minute recess.
RECONVENE MEETING
At 8:45 p.m., Mayor Minor reconvened the adjourned regular meeting of the Mayor and
Common Council of the City of San Bernardino at the Sturges Auditorium, 780 North "E"
Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor
Minor; Council Members Negrete, Curlin, Hernandez. Oberhelman, Devlin, Pope-Ludlam,
Miller; Deputy City Attorney Rhemrev, City Clerk Rachel Clark, City Administrator Shauna
Clark. Absent: None.
Also present: Warren Diven, Brown, Diven and Hentschke, 12770 High Bluff Drive,
Suite #240, San Diego, CA, special assessment district counsel.
PUBLIC HEARING - ASSESSMENT DISTRICT NO. 994 - PROPOSED
EXTENSION & EXPANSION - CITY -WIDE STREET SWEEPING & STREET
LIGHTING ASSESSMENT DISTRICT (1)
This is the time and place continued to for a public hearing to consider the proposed
extension and expansion of Assessment District No. 994, the city-wide street sweeping and street
lighting assessment district.
Mike Massey, 3753 Ridgeline Drive, San Bernardino, CA, expressed support for
extending and expanding Assessment District No. 994.
The following individuals voiced opposition to extending and expanding Assessment
District No. 994:
Jeff Wright, P. O. Box 2341, San Bernardino, CA.
Ed Jacobsen, 1736 Mesa Verde, San Bernardino, CA.
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Joe Bonadiman, P. O. Box 5852, San Bernardino, CA.
Leo Lyons, 2526 Lincoln Drive, San Bernardino, CA.
Robert Larson, 3734 Pacific, Space #41, Highland, CA.
Marvin Young, 3679 North "F" Street, San Bernardino, CA.
Larry Singleton, 655 West 21st Street, San Bernardino, CA.
Ann Atkinson, representing Center Chevrolet GEO, 1355 South "E" Street, 3406
Parkside, and 3250 Sunflower, San Bernardino, CA.
Mike Maudsley, 3695 Palm Crest, Highland, CA. representing the San Bernardino Area
Chamber of Commerce, 546 West Sixth Street, San Bernardino, CA.
Russ Piper, representing the Glen Aire Mobile Home Park, 222 South Rancho Avenue,
#89, San Bernardino, CA.
Assistant City Administrator Wilson answered questions regarding the expenditure of
funds generated by the district.
David Schulze, representing the San Bernardino Valley Association of Realtors, 1798
North "D" Street, San Bernardino, CA.
Bud Long, 1435 West Rialto Avenue, San Bernardino, CA. 994.
Ruth Bruner, 2737 North Golden Avenue, San Bernardino, CA.
Jim Keesling, a resident of San Bernardino, CA. expressed concern regarding how the
district revenues have been spent, and explained that there is a legal mechanism to establish a
direct police revenue assessment district instead of using an in-direct city services assessment
district.
Paul Pancucci, Vice President of the San Bernardino Police Officers Association
(SBPOA), 1299 North "E" Street, San Bernardino, CA, urged the Mayor and Council to
approve more funding for police officer benefits.
The following individuals voiced support for Assessment District No. 994:
Lawrence Neigel, 777 North "F" Street, and 1234 East 42nd Place, San Bernardino, CA.
James Lorenz, 2737 Muscupiabe Drive, San Bernardino, CA.
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William Hanley, 466 West 4th Street, San Bernardino, CA.
Donna Ward, 648 East Niles, San Bernardino, CA.
Steve Filson, representing the San Bernardino Police Officers Association (SBPOA), 1299
North "E" Street, San Bernardino, CA, voiced support for Assessment District No. 994, and
requested more information relative to the expenditure of funds generated by the district, and
requested that the references to net proceeds and essential city services be deleted from the
resolution adopting the district.
Robert Castellanos, 732 North Tippecanoe Avenue, San Bernardino, CA.
Sam Catalano, 3930 Broadmoor Boulevard, representing the Carousel Mall, 295 Carousel
Mall, San Bernardino, CA.
A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE EXTENSION OF CITY-WIDE STREET LIGHTING AND
STREET SWEEPING ASSESSMENT DISTRICT NO. 994, AMEND THE
BOUNDARIES THEREOF BY EXPANDING THE BOUNDARIES TO
INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT, EXPAND THE
SCOPE OF WORK WITHIN SAID DISTRICT TO INCLUDE CITY-WIDE
TRAFFIC SIGNAL MAINTENANCE AND GRAFFITI REMOVAL;
ORDERING THE EXTENSION, AMENDMENT AND EXPANSION OF
WORK OF THE DISTRICT AND THAT THE SPECIAL ASSESSMENT
INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY
AND APPROVING AMENDMENT ASSESSMENT DISTRICT DIAGRAM
MAP NO. 994. (1)
Council Member Oberhelman made a motion, seconded by Council Member Negrete,
and unanimously carried, that the hearing be closed.
Council Member Devlin made a motion that the following Policy Statement be adopted:
Assessment District No. 994 was established in 1990 for the purpose of funding expanded street
lighting and street sweeping services. The general fund money freed up by the Assessment
District has been and would continue to be diverted to the Police Department for funding of
enhanced police services. Enhanced police services include, but are not limited to, twenty-five
civilian positions and twenty-three sworn positions. Assessment District No. 994 is being
expanded to cover the cost of traffic signal maintenance and graffiti removal. The general fund
money currently funding traffic signal maintenance and graffiti removal would be diverted to the
Police Department for the purpose of providing matching funds to further enhance police
services by seventeen additional sworn positions.
The motion failed for lack of a second.
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Shauna Clark, City Administrator, answered questions regarding the police department's
budget, police officer benefits, and why the assessment district mechanism was chosen as a
means to generate additional funding for the police department.
Discussion ensued regarding what alternatives exist for generating funds for the police
department other than the assessment district, the response time for calls, the visibility of
officers in the community, the need for a sunset clause, and how to fund the salary and benefits
for the seventeen additional officers after the Department of Justice grant terminates in three
years.
Concern was expressed regarding the level of crime in the community and the need for
a comprehensive approach to dealing with crime; the need for a management audit of the police
department to address concerns raised relative to deployment of personnel, and the funding of
employee benefits; whether seventeen additional police employees could have an impact on
reducing crime; and whether the assessment amount was fair to mobile home tenants.
Council Member Devlin made a motion, seconded by Council Member Pope-Ludlam,
that the Engineer's Report regarding Assessment District No. 994 be amended as follows: Page
Twelve be amended to add the following sunset clause: that the assessment district shall
terminate after a period of five years, unless after a public hearing the Mayor and Council votes
to continue the district. (Note: There was no vote taken.)
Discussion ensued regarding whether to establish a Committee to review concerns relative
to a sunset clause, the assessments for mobile homes, and the deployment of police officers on
the street.
Council Member Pope-Ludlam made a substitute motion, seconded by Council Member
Miller, that the proposed extension and expansion of Assessment District No. 994 be referred
to a Committee comprised of Council Members Negrete, Devlin, and Miller, to address the
following concerns: a sunset clause, the assessment formula for mobile home parks, and the
deployment of police officers on the street; and that the matter be continued to July 18, 1994,
in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Discussion ensued whether to adopt the resolution extending and expanding Assessment
District No. 994 at this time, or wait until the Committee has an opportunity to review the issues
and report back to the Council; and whether to approve the portion of the assessment district that
would continue funding for the forty-eight police employees hired in 1990 and 1991, and then
postponing the expanded portion of the district until the Committee has an opportunity to review
the issues and report back to the Council.
The substitute motion carried by the following vote: Ayes: Council Members Negrete,
Hernandez, Devlin, Pope-Ludlam. Miller. Nays: Council Members Curlin, Oberhelman.
Absent: None.
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A discussion ensued regarding the concerns that have been raised relative to the
deployment policies of the police department, the funding of benefits for police employees, and
how these concerns are negatively impacting the morale and management of the department.
Council Member Hernandez made a motion, seconded by Council Member Oberhelman,
that the City Administrator be directed to send out a Request for Proposals (RFP) for a
management audit of the Police Department.
The motion carried by the following vote: Ayes: Council Members Negrete, Hernandez,
Oberhelman, Pope-Ludlam. Nays: Council Members Curlin, Devlin, Miller. Absent: None.
ADJOURNMENT (2)
At 11:01 p.m., the meeting was adjourned to 8:00 a.m., Friday, June 24, 1994, in the
Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
RACHEL CLARK
City Clerk
By
'~L~d-U' dL~
Melanie Vale
Deputy City Clerk
No. of Items: 2
No. of Hours: 4
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