HomeMy WebLinkAbout06-24-1994 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
AND THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT ADJOURNED REGULAR MEETING
JUNE 24, 1994
COUNCIL CHAMBERS
This is the time and place set for a joint adjourned regular meeting of the Mayor and
Common Council of the City of San Bernardino from the adjourned regular meeting held at 7:00
p.m., Wednesday, June 22, 1994, at the Sturges Auditorium, 780 North "E" Street, San
Bernardino, California.
The City Clerk has caused to be posted the Order of Adjournment of said meeting held
on Wednesday, June 22, 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 11:45 a.m., Thursday, June 23,
1994, on the bulletin board adjacent to the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
The joint adjourned regular meeting of the Mayor and Common Council of the City of
San Bernardino was called to order by Mayor Minor at 8:03 a.m., Friday, June 24, 1994, 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
Minor; Council Member Devlin; Senior Assistant City Attorney Morillo, City Clerk Rachel
Clark, City Administrator Shauna Clark. Absent: Council Members Negrete, Curlin,
Hernandez, Oberhelman, Pope-Ludlam, Miller.
RECESS MEETING
At 8:04 a.m., Mayor Minor recessed the meeting to 9:00 a.m., in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
RECONVENE MEETING
At 9:05 a.m., Mayor Minor reconvened the joint adjourned regular meeting of the Mayor
and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
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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; Senior Assistant City Attorney Morillo, City Clerk Rachel Clark, City Administrator
Shauna Clark. Absent: None.
PROPOSED FISCAL YEAR 1994/95 BUDGET DELIBERATIONS
CONTINUED FROM JUNE 15, 1994 (1)
This is the time and place continued to review the proposed Fiscal Year 1994/95 budget.
In a memorandum dated June 20, 1994, Barbara Pachon, Director of Finance, stated that
based on the direction from the Mayor and Council at the June 15, 1994 meeting, the City
Attorney's budget has been adjusted to reflect a $274,100 savings in Personnel Services costs,
reducing the preliminary departmental total of $1,852,800 to the revised departmental allocation
of $1,578,700. The following positions have been deleted from the City Attorney's budget: one
Legal Secretary Trainee position for a savings of $29.400, two Investigator positions for a
savings of $128,800; and two positions proposed for Fiscal Year 1994/95, one Legal Secretary
I position for a savings of $34,500, and one Deputy City Attorney IV position for a savings of
$81.400, including salary and benefits. The deleted positions are currently vacant with the
exception of the two Investigator positions. If the two Investigators are terminated, the City
Attorney's budget would incur approximately $5,000 in expenses for payment of accrual
balances. At this time, none of the funds deleted from Personnel Services have been reallocated
to the Outside Counsel account.
In a memorandum dated June 23, 1994, Shauna Clark, City Administrator, stated that
the proposed Fiscal Year (FY) 1994/95 budget presented to the Mayor and Common Council
on June 15, 1994 contained a shortfall of $833,700; however, the Mayor and Council took
action on June 15, 1994 to reduce the shortfall to $559,600. Ms. Clark recommended that the
following options be considered in an effort to eliminate the budget deficit, and allow adoption
of the FY 1994/95 budget:
REFINANCE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) UNFUNDED
LIABILITY - $400.000 - The City of San Bernardino owes $8,020,800 to the Public Employees
Retirement System (PERS) which is an unfunded liability. PERS has offered cities the option
of extending the time period to pay back unfunded liabilities. Finance Director Barbara Pachon
has made application to PERS for an estimate on reducing our annual PERS contribution through
an extension, and PERS has estimated that if the City took advantage of the plan and extended
the payback period to the year 2011, the City would save approximately $400,000 annually.
ELIMINATE REFUSE CHARGES FOR CITY FACILITIES - $100.000 - The City's
general fund pays the Refuse Department for services at City facilities. It is proposed that the
Refuse Department absorb these costs. Most other cities do not bill themselves for refuse
services whether provided in house or by contract.
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CHARGE IMPOUND FEE FOR POLICE TOWS - $50.000 - The Police Department
is required to tow and impound vehicles for various reasons. Tow charges and impound fees
are paid when the vehicle is claimed, but the administrative costs of the police staff are not
recovered without further Council authorization. If this concept is supported, it is recommended
that a public hearing be scheduled to establish a fee for administrative costs associated with
Police tows and impounds.
TRANS (TAX & REVENUE ANTICIPATION NOTE) PROCEEDS - $20.000 - Staff
initially projected that TRANS, arbitrage of property tax revenue stream, would net $80,000;
however, it netted $100,000, which is $20,000 more than the estimate.
Approval of these four recommendations would total $570,000 and create a surplus of
$10,000. Understanding that the administrative charge for Police tows and impounds has not
been supported in the past, the following recommendation is offered as a substitute, or an
additional option:
ECONOMIC DEVELOPMENT AGENCY TO SHARE THE COSTS OF MUNICIPAL
RESOURCE CONSULTANTS (MRC) WITH CITY - $50.000 - The City has a contract with
Municipal Resource Consultants (MRC) to audit sales tax accounts to ensure the City is
receiving its fair share allocation, to prepare quarterly sales tax reports, provide industry
profiles, and train staff on sales tax issues. This information is shared with the Economic
Development Agency to aid in business retention and recruitment efforts. The annual cost of
the contract is based upon a percentage of the additional revenue that MRC identifies each year.
The City Administrator's Office continues to review City operations to identify cost
savings and revenue opportunities, and is presently reviewing development fees, and positions
to identify further savings. Staff is aware that the State of California has not yet adopted a
budget and may not until after the November elections, and will advise the Mayor and Council
of any news on the State budget.
Discussion ensued regarding the budget balancing options presented by City
Administrator Shauna Clark in the memorandum dated June 23, 1994, and the funds received
from the County of San Bernardino pursuant to a court approved settlement agreement relative
to fines and forfeiture monies collected by the County on behalf of the City.
Fred Wilson, Assistant City Administrator, answered questions regarding the funds
received from the County of San Bernardino pursuant to a court approved settlement agreement
relative to fines and forfeiture monies collected by the County on behalf of the City, and how
those funds are reflected in the proposed FY 1994/95 budget, and the proposed refinancing of
the PERS unfunded liability.
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Shauna Clark, City Administrator, answered questions regarding the funds received from
the County of San Bernardino pursuant to a court approved settlement agreement relative to fines
and forfeiture monies collected by the County on behalf of the City and how those funds are
reflected in the proposed FY 1994/95 budget, the services provided by Municipal Resource
Consultants, and the proposed elimination of refuse charges for City facilities.
Barbara Pachon, Director of Finance, answered questions regarding the fines and
forfeiture monies collected by the County on behalf of the City, and how those funds are
reflected in the proposed FY 1994/95 budget; and the recommended refinancing of the PERS
unfunded liability.
Discussion continued regarding the recommendations presented by City Administrator
Shauna Clark in the memorandum dated June 23, 1994.
Concern was expressed regarding the impact that the Police administrative charge for
towed and impounded vehicles could have on low income residents; and the merits of having the
Economic Development Agency fund various City contracts and projects.
Discussion continued regarding which services are funded by the general fund, the refuse
fund, and redevelopment funds; what other options exist for eliminating the budget deficit such
as imposing the Service Users Tax (utility tax) on water, gas and sewer bills, increasing the
Service Users Tax (utility tax), imposing an entertainment tax, and allowing card parlors to
operate within the City.
Council Member Hernandez made a motion, seconded by Council Member Oberhelman,
and unanimously carried, to approve refinancing of the Public Employees Retirement System
(PERS) unfunded liability in the amount of $400,000.
Council Member Oberhelman made a motion, seconded by Council Member Curlin, and
unanimously carried, to accept the TRANS (tax and revenue anticipation note) additional
proceeds in the amount of $20,000.
Council Member Devlin made a motion, seconded by Council Member Oberhelman, and
unanimously carried, to approve the elimination of refuse charges for City facilities in the
amount of $100,000.
Council Member Devlin made a motion, seconded by Council Member Oberhelman, to
authorize the Police Department to charge an administrative fee for vehicles impounded or towed
by the Police Department. (Note: There was no vote taken.)
Senior Assistant City Attorney Morillo explained that the City currently imposes a Police
Department administrative charge for vehicles impounded as the result of drunk driving arrests.
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Discussion ensued regarding the circumstances under which a vehicle is impounded or
towed by the Police Department.
City Administrator Clark clarified that the State Vehicle Code requires the Police
Department to impound or store towed vehicles under certain circumstances, and answered
questions regarding the proposed police administrative fee for impounded or towed vehicles.
Discussion continued regarding the proposed police administrative charge, and the
circumstances under which a vehicle is impounded or towed by the Police Department.
Council Member Curlin made a substitute motion, seconded by Council Member
Hernandez, that a public hearing be set to authorize the Police Department to charge an
administrative fee for vehicles impounded or towed, and that the Economic Development Agency
share in the cost of the Municipal Resource Consultant (MRC) contract in the amount of
$39,600.00. (Note: There was no vote taken.)
Discussion continued regarding the recommendations proposed by City Administrator
Shauna Clark in the memorandum dated June 23, 1994.
Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, and
unanimously carried, to increase the Fiscal Year 1994/95 Fines and Penalties Account #1410 -
General Fines line item by $70,000, to reflect $500,000, instead of the $430,000 amount
reflected in the proposed budget.
Senior Assistant City Attorney Morillo recommended that the City Attorney's budget be
increased to authorize the addition of the two positions recommended in the City Attorney's
Office Management Audit. Mr. Morillo stated that because of the action taken at the June 15,
1994 meeting to delete five positions (three existing positions and two proposed positions) within
the City Attorney's Office, the ability of the City Attorney to function in the manner prescribed
by the City's Charter and Municipal Code have been severely hindered. He explained that two
of the positions deleted at the June 15, 1994 meeting were the additional Attorney and Legal
Secretary recommended by the Management Audit, and that the two Investigators perform tasks
that would otherwise be performed by Attorneys.
Discussion ensued regarding management of the City Attorney's Office.
RES. 94-163 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING AND ADOPTING THE FINAL BUDGET OF SAID CITY FOR
THE FISCAL YEAR 1994/1995. (1)
Council Member Oberhelman made a motion, seconded by Council Member Pope-
Ludlam, that further reading of the resolution be waived; and that said resolution be adopted.
(Note: The vote was taken after discussion.)
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Discussion continued regarding the City Attorney's Office budget for FY 1994/95.
Senior Assistant City Attorney Morillo answered questions regarding personnel services
and outside counsel expenses in the City Attorney's Office.
Council Member Devlin made a substitute motion, seconded by Council Member Miller,
that the following positions be approved and restored to the City Attorney's budget: one Deputy
City Attorney IV, one Legal Secretary I, and one Legal Secretary Trainee.
Discussion continued regarding the City Attorney's Office budget for FY 1994/95.
John Thur, 3936 North Golden, San Bernardino, CA, recommended that the City
Attorney's Office Management Audit be implemented in its entirety.
The substitute motion failed by the following vote: Ayes: Council Members
Oberhelman, Devlin, Miller. Nays: Council Members Negrete, Curlin, Hernandez, Pope-
Ludlam. Absent: None.
City Administrator Shauna Clark read the title of said resolution.
The motion carried, and Resolution No. 94-163 was adopted by the following vote:
Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam,
Miller. Nays: None. Absent: None.
PROCLAMATION - EASTER SEAL SOCIETY DAY - JUNE 26, 1994
(NB-l)
Phil Arvizo, Executive Assistant to the Council, read a proclamation declaring June 26,
1994 as Easter Seal Society Day in the City of San Bernardino in recognition of the 50th
anniversary of the Easter Seal Society of the Inland Counties.
Bob Miller accepted the proclamation.
RECESS MEETING
At 11: 11 a.m., Mayor Minor declared a ten-minute recess.
RECONVENE MEETING
At 11:18 a.m., Mayor Minor reconvened the joint adjourned regular meeting of the
Mayor and Common Council of the City of San Bernardino in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
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ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor
Minor; Council Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Miller; City Clerk
Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Oberhelman; Senior
Assistant City Attorney Morillo.
RES. 94-164 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO MENTONE TURF SUPPLY FOR
MAINTENANCE OF LANDSCAPING FOR CAROUSEL MALL, CITY HALL
AND VARIOUS OTHER CITY FACILITIES. (Continued from June 20, 1994)
(2)
RES. 94-165 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO MENTONE TURF SUPPLY FOR
MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NOS. 956
AND 968. (Continued from June 20, 1994) (3)
RES. 94-166 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO MENTONE TURF SUPPLY FOR
MAINTENANCE OF LANDSCAPING IN ASSESSMENT DISTRICT NO. 982.
(Continued from June 20, 1994) (4)
Rachel Clark, City Clerk, read the titles of said resolutions.
Council Member Miller made a motion, seconded by Council Member Devlin, that
further reading of the resolutions be waived; and that said resolutions be adopted. (Note: The
vote was taken after discussion.)
SENIOR ASSISTANT CITY ATTORNEY MORILLO RETURNED
At 11:21 a.m., Senior Assistant City Attorney Morillo returned to the Council meeting.
City Administrator Shauna Clark, explained that the Minority Business Enterprise and
Women's Business Enterprise (MBE/WBE) goals do not apply to the contract for maintenance
of landscaping in Assessment District Nos. 956, 968 and 982, items three and four, because the
goals are applied on a aggregate basis to Public Works contracts.
Discussion ensued regarding the Minority Business Enterprise and Women's Business
Enterprise (MBE/WBE) program goals.
Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding
the MBE/WBE program goals.
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Dan Griffen, Mentone Turf Supply, P. O. Box 592, Mentone, CA, stated that 98% of
his employees are minority, and felt that he had made a good faith effort to comply with the
MBE/WBE program goals.
COUNCIL MEMBER OBERHELMAN RETURNED
Council Member Oberhelman returned to the Council meeting and took his place at the
council table.
Discussion ensued regarding the intent of the program to provide opportunities for
businesses owned by minorities and women versus the laudable goal of providing employment
opportunities for minorities and females, the merits of the MBE/WBE program, and how to
expand opportunities for minority and female business owners to compete for City contracts.
Council Member Oberhelman made a motion, seconded by Council Member Miller, that
further reading of the resolutions be waived; and that said resolutions be adopted.
The motion carried, and Resolution Nos. 94-164,94-165, and 94-166 were adopted by
the following vote: Ayes: Council Members Negrete, Oberhelman, Devlin, Pope-Ludlam,
Miller. Nays: Council Members Curlin, Hernandez. Absent: None.
CITY ADMINISTRATOR SHAUNA CLARK EXCUSED
At 11 :35 a.m., City Administrator Shauna Clark left the Council meeting.
COMMUNITY DEVELOPMENT COMMISSION - JOINT ADJOURNED
REGULAR MEETING
At 11:35 a.m., Chairman Minor 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.
At this time, the Mayor and Common Council, acting as the Community Development
Commission, took action on Community Development Commission items.
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ADJOURNMENT (5)
At 12:20 p.m., the meeting was adjourned to 10:00 a.m., Monday, June 27, 1994, in
the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
RACHEL CLARK
City Clerk
By
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Melanie Vale
Deputy City Clerk
No. of Items: 9
No. of Hours: 3.5
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