HomeMy WebLinkAbout07-24-2000 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JULY 24, 2000
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by Mayor
Valles at 8:12 a.m., Monday, July 24, 2000, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being present:
Mayor Valles; Council Members Estrada, Schnetz, Suarez, Anderson, McCammack;
City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council
Members Lien, McGinnis.
City Attorney Penman announced that the following case would be discussed in
closed session:
City of San Bernardino Municipal Water Department vs. U.S. Department of
the Armv. et al. - United States District Court Case No. CV 96-8867-MRP
(VAPx).
RECESS MEETING - CLOSED SESSION (1)
At 8:12 a.m., the Mayor and Common Council and Community Development
Commission recessed to closed session for the following:
Pursuant to Government Code Sections:
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
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D. Conference with legal counsel - personnel - pursuant to Government
Code Section 54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
CLOSED SESSION
At 8: 13 a.m., Mayor Valles called the closed session to order in the conference
room of the Council Chambers of City Hall.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being present:
Mayor Valles; Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson.
Absent: None.
Also present:
Deputy City Attorney
Manager Kersey; and
Nolan & Tilden, LLP.
Senior Assistant City Attorneys Carlyle and Simmons, and
Empeno, City Attorney's Office; Water Department General
Special Counsel Thomas N. Jacobson of Gresham, Savage,
ADJOURN CLOSED SESSION
At 8:40 a.m., the closed session adjourned to 9:00 a.m. in the Council
Chambers of City Hall.
RECONVENE MEETING
At 9:06 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor
and Common Council and Community Development Commission of the City of San
Bernardino.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being present:
Mayor Valles; Council Members Estrada, Lien, Schuetz, Suarez, Anderson,
McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson.
Absent: Council Member McGinnis.
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INVOCATION
The invocation was given by Father Patricio Guillen of Libreria del Pueblo.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Eddie Ortiz, a fifth-grade student from
Ramona Alessandro Elementary School.
COUNCIL MEMBER McGINNIS RETURNED
At 9:07 a.m., Council Member McGinnis returned to the Council meeting and
took his place at the Council table.
APPOINTMENTS
(2)
There were no appointments.
PRESENTATION TO CITY - SENATOR NELL SOTO - $300,000
FOR CITY CULTURAL CENTER (3)
Senator Nell Soto, 32"d District, presented Mayor Valles with a replica of a
check in the amount of $300,000, representing funds allocated by Governor Davis to
the City of San Bernardino for a new cultural center.
PRESENTATION - NEIGHBORHOOD PRIDE AWARD - MR. &
MRS. MORRIS POINDEXTER (3)
Mayor Valles presented the Mayor's Neighborhood Pride Award to Mr. Morris
Poindexter of 1465 Wilson Street, San Bernardino, in recognition of the pride of
ownership shown by the Poindexters in the maintenance and upkeep of their home; and
thanked him for contributing to the beautification of tile city.
PRESENTATION - SCHOLARSHIPS - BY SAN BERNARDINO
CONFIDENTIAL MANAGEMENT ASSOCIATION (3)
Lynn Merrill, President of the San Bernardino Confidential Management
Association, and Millicent Price, Scholarship Chairman, joined Mayor Valles in
presenting a $500 scholarship to Stephanie Greenlea, daughter of James and Debra
Greenlea. A second recipient, Andrew Ringnes. was also chosen to receive a
scholarship, but was unable to attend the ceremony.
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ANNOUNCEMENTS - JUDI PENMAN
(4)
Judi Penman, Executive Director of the San Bernardino Area Chamber of
Commerce, announced some of the fun things to do this summer in San Bernardino
such as swimming at the public pools, ballgames at the Stampede stadium, Nascar auto
racing at the Orange Show grounds, and concerts at Court Street Square and California
State University, San Bernardino. She also announced other upcoming events including
an open house hosted by Senator Soto on August 2, from 5:00-7:00 p.m. at 215 North
"D" Street, Suite 106; and a chili cook-off to be held on August 5 at Perris Hill Park.
SERVICE PIN AWARDS
(3)
Teri Rubi, Executive Assistant to the Mayor, read the names of the following
employees who received a service pin award in recognition of their many years of
dedicated service to the City:
Name
Kevin Ford
Ronald Garcia
Daniel Klucas
Gwendolyn Lucas
Lyle Reyes
Janet Ward
Phillip Zoulko
Cynthia Cervantes
Deoartment
Police
Po lice
Police
Police
Police
Police
Public Services
San Bernardino Employment
& Training Agency
San Bernardino Employment
& Training Agency
Paul Collette
Years of Service
10-year pin
15-year pin
10-year pin
15-year pin
lO-year pin
40-year pin
15-year pin
20-year pin
20-year pin
Each employee received a service pin presented by Mayor Valles.
ANNOUNCEMENTS - COUNCIL MEMBER LIEN
(4)
Council Member Lien announced an upcoming clean-up day at Lincoln
Elementary School on Saturday, July 29, at 8:00 a.m. sponsored by the Department of
Motor Vehicles; advised that the first class has graduated from the Neighborhood
Housing Services of the Inland Empire, having completed their project at 571 Magnolia
Street; and stated that she is still recruiting for a Parks and Recreation Commissioner.
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ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4)
Council Member Schnetz advised that the Fourth Ward had a clean-up day last
Saturday and collected nine dumpsters of trash. He advised that another clean-up day
would be held on August 5 at Del Vallejo Middle School.
ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4)
Council Member Suarez announced that the ASA Learning Center had a
graduation on July 20 and extended congratulations to the graduating class. He also
extended condolences to the family of Manuela Fyock.
ANNOUNCEMENTS - COUNCIL MEMBER ANDERSON (4)
Council Member Anderson stated that she had attended the Gospel Concert at
the stadium on Saturday night and presented a T-shirt from the event to Mayor Valles.
ANNOUNCEMENTS - MAYOR V ALLES
(4)
Mayor Valles thanked Mrs. Penman for being so enthusiastic about the events
taking place in San Bernardino and thanked Council Member Suarez for his volunteer
work at the ASA Learning Center. She announced that on Sunday, July 30, the
Sinfonica Juvenil de Tijuana (Youth Symphony of Tijuana) would be performing at
5:00 p.m. at the California Theatre and invited everyone to come and enjoy the music
and support these young people.
ANNOUNCEMENTS - CITY ADMINISTRATOR WILSON (4)
City Administrator Wilson introduced Bill Woolard, Interim Director of
Development Services, who spoke briefly to the Council.
ANNOUNCEMENTS - CITY CLERK CLARK
(4)
City Clerk Clark echoed the comments of the Mayor regarding the Sinfonica
Juvenil de Tijuana, and especially invited the Council Members to attend this event.
WAIVE FULL READING OF RESOLUTIONS & ORDINANCES
(5)
Council Member Lien made a motion, seconded by Council Member Estrada,
and unanimously carried, that full reading of the resolutions and ordinances on the
regular agenda of the Mayor and Common Council/Community Development
Commission be waived.
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COUNCIL MINUTES
(6)
Council Member Lien made a motion, seconded by Council Member Estrada,
and unanimously carried, that the minutes of the following meetings of the Mayor and
Common Council/Community Development Commission of the City of San
Bernardino, be approved as submitted in typewritten form: May 1, 2000; June 7,
2000; June 13, 2000.
CLAIMS & PAYROLL
(7)
Council Member Lien made a motion, seconded by Council Member Estrada,
and unanimously carried, that the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated July 19, 2000 from Barbara Pachon,
Director of Finance, be approved.
PERSONNEL ACTIONS
(8)
Council Member Lien made a motion, seconded by Council Member Estrada,
and unanimously carried, that the personnel actions as submitted by the Chief Examiner
dated July 19, 2000, in accordance with Civil Service rules and Personnel policies
adopted by the Mayor and Common Council of the City of San Bernardino, be
approved and ratified.
RES. 2000-210 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING
AN AGREEMENT WITH THE CITY OF SAN BERNARDINO AND
WESTERN REGIONAL LITTLE LEAGUE BASEBALL FOR
FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION
FUND FOR FY 2000/01. (10)
Council Member Lien made a motion, seconded by Council Member Estrada,
that said resolution be adopted; and that direct funding from the FY 2000/01 Civic and
Promotion Fund in the amount of $5,000 and indirect funding for departmental costs in
an amount not to exceed $12,000 be authorized to assist the San Bernardino Western
Regional Little League in the 2000/01 season.
The motion carried and Resolution No. 2000-210 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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RES. 2000-211 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING
PURCHASE ORDERS TO 1.) ALLSTAR FIRE EQUIPMENT FOR
PURCHASE AND DELIVERY OF REPLACEMENT SAFETY GEAR
,
AND 2.) LONG BEACH UNIFORM FOR PURCHASE AND
DELIVERY OF REPLACEMENT WORK UNIFORMS. (18)
Council Member Lien made a motion, seconded by Council Member Estrada,
that said resolution be adopted.
Resolution No. 2000-211 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
RATIFY MAYOR'S ACTION - AUTHORIZE PARKS, RECREATION
& COMMUNITY SERVICES DEPARTMENT TO INITIATE WORK
SITE ARRANGEMENT WITH COUNTY OF SAN BERNARDINO
JOBS & EMPLOYMENT DEPARTMENT EFFECTIVE JULY 5,
2000 (19)
Annie Ramos, Director of Parks, Recreation and Community Services,
submitted a staff report dated July 13, 2000, recommending ratification by the Council
of the Mayor's approval of said program.
Council Member Lien made a motion, seconded by Council Member Estrada,
and unanimously carried, that the Mayor's action to authorize the Parks, Recreation and
Community Services Department to initiate a work site arrangement with the County of
San Bernardino Jobs and Employment Department effective July 5, 2000, be ratified.
RES. 2000-212 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF
SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN
AGREEMENT WITH INSOURCE HEALTH SERVICES GROUP,
FORMERLY KNOWN AS PURCHASE CONNECTION DIETARY
PROGRAM, FOR RAW FOOD PRODUCTS FOR THE CITY'S
SENIOR NUTRITION PROGRAM. (20)
RES. 2000-213 - RESOLUTION OF THE CITY OF SAN
BERNARDINO TO APPOINT ALTERNATE DELEGATES TO THE
SAN BERNARDINO COUNTY SOLID WASTE ADVISORY TASK
FORCE. (21)
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RES. 2000-214 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
ANNUAL PURCHASE ORDER, WITH TWO SINGLE YEAR
RENEWAL OPTIONS, TO 'Y' TIRE SALES, INC. FOR NEW AND
RECAPPED TIRES, TUBES AND RELATED REPAIR SERVICES
FOR CITY VEHICLES AND EQUIPMENT TO BE UTILIZED BY
THE FLEET DIVISION OF THE PUBLIC SERVICES
DEPARTMENT. (22)
RES. 2000-215 - RESOLUTION AUTHORIZING THE EXECUTION
OF AN ANNUAL PURCHASE ORDER, WITH TWO SINGLE YEAR
RENEWAL OPTIONS, TO HYDRA FORCE INC. FOR HYDRAULIC
CYLINDER MANUFACTURING, REPAIR, AND SERVICE TO BE
UTILIZED BY THE FLEET DIVISION. (23)
RES. 2000-216 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
ANNUAL PURCHASE ORDER, WITH TWO SINGLE YEAR
RENEWAL OPTIONS, TO BEAUMONT Y AMAHA/KA W ASAKI
FOR MOTORCYCLE PARTS AND SUPPLIES TO BE UTILIZED BY
THE FLEET DIVISION OF THE PUBLIC SERVICES
DEPARTMENT. (24)
RES. 2000-217 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
ANNUAL PURCHASE ORDER WITH TOTER, INCORPORATED
FOR AUTOMATED RESIDENTIAL REFUSE CARTS. (25)
RES. 2000-218 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE
FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY AND TAORMINA INDUSTRIES, INC. TO EXTEND TERM
OF AGREEMENT FOR THE PROVISION OF COMMINGLED
RECYCLABLES PROCESSING. (Discussed later in meeting - page
13) (26)
Council Member Lien made a motion, seconded by Council Member Estrada,
that said resolutions be adopted.
Resolution Nos. 2000-212 through 2000-218 were adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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REJECT ALL BIDS - BID NO. F-Ol-l5 - AUTO PARTS & SUPPLIES
- AUTHORIZE RE-ADVERTISEMENT FOR BIDS (27)
Lynn Merrill, Director of Public Services, submitted a staff report dated July
18, 2000, recommending the rejection of all bids received in response to Bid No. F-01-
15 for auto parts and supplies.
Council Member Lien made a motion, seconded by Council Member Estrada,
and unanimously carried, that all bids submitted in response to Bid No. F-01-15 for
auto parts and supplies, be rejected; and that the Purchasing Manager be directed to
revise the bid specification and to re-bid for these services.
RES. 2000-219 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE
FIRST AMENDMENT TO LIMITED ACCESS EASEMENT
AGREEMENT (TEMPORARY) BETWEEN THE CITY AND
RANCON REALTY FUND IV TO EXTEND TERM OF
AGREEMENT RELATING TO THE FORMER WATERMAN
LANDFILL. (28)
RES. 2000-220 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING A
GRANT DEED FROM RICHARD R. FIEDLER AND PATRICIA J.
TUCKER FOR PROPERTY KNOWN AS APN'S 0269-081-06, 07
AND 08, SAN BERNARDINO, AND DEDICATING THE
PROPERTY FOR WATER DEPARTMENT USE. (29)
Council Member Lien made a motion, seconded by Council Member Estrada,
that said resolutions be adopted.
Resolution Nos. 2000-219 and 2000-220 were adopted by the following vote:
Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
RES. 2000-221 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF AN AGREEMENT BETWEEN THE HUMANE
SOCIETY OF SAN BERNARDINO VALLEY, INC. AND THE CITY
OF SAN BERNARDINO FOR THE HUMANE SOCIETY TO
OVERSEE EUTHANASIA PRACTICES AT THE CITY OF SAN
BERNARDINO ANIMAL CONTROL DIVISION. (9)
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City Attorney Penman advised that his office had not signed off on this
resolution because the Humane Society would not hold the City harmless from their
negligence.
Council Member Estrada inquired whether there were any past instances where
this clause had made a difference.
Animal Control Director Cicirelli advised that he was not aware of any such
instances and pointed out that most of the handling would be by City employees.
Council Member McCammack made a motion, seconded by Council Member
Anderson, that said resolution be adopted.
Resolution No. 2000-221 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
BUDGET AMENDMENT - REALLOCATE FUNDS - PURCHASE &
OPERATE - SIDEWALK SWEEPER - DOWNTOWN AREA -
ADDITIONAL DOWNTOWN MAINTENANCE - ADD FOUNTAIN
TO REFLECTING POOL (11)
City Administrator Wilson submitted a staff report dated July 18, 2000,
recommending reallocation of funds for the purchase and operation of a sidewalk
sweeper in the downtown area, additional downtown maintenance, and fountain
enllancements to the City Hall reflecting pool.
Mr. Wilson reviewed the staff report with the Council and answered questions
regarding same.
Council Member Anderson made a motion. seconded by Council Member
Suarez, and unanimously carried, that the Director of Finance be directed to amend the
FY 2000/01 budget as reflected in the staff report dated July 18, 2000, from City
Administrator Fred Wilson.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO ADOPTING THE 2000/2001 TO
2004/2005 CAPITAL IMPROVEMENT PROGRAM. (Discussed later
in the meeting - page 19) (13)
Council Member Lien advised that she had submitted Agenda Item No. 39,
which if approved, would affect the Capital Improvement Program (CIP) budget. She
suggested that adoption of the CIP budget be taken up after Agenda Item No. 39 rather
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than adopting the CIP budget now and then having to go back the very same day and
amend it.
Council Member Estrada requested that the final draft of the CIP include the
ward for each project.
Council Member Lien made a motion, seconded by Council Member Estrada,
and unanimously carried, that the matter be continued to the afternoon and considered
after Agenda Item No. 39.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND WELLS FARGO BANK, N.A. FOR THE
PROVISION OF BANKING SERVICES AND THE DEPOSIT OF
MONIES. (Discussed later in the meeting - page 19) (12)
City Attorney Penman stated that he did not have a copy of the referenced
attachment and requested that the matter be continued to the afternoon so he could
review the pricing provisions and have a complete packet prior to final approval.
AUTHORIZE - CONTRACT CHANGE ORDER NO. THREE -
HOLLAND-LOWE CONSTRUCTION, INC. - REHABILITATE
PAVEMENT ON HIGHLAND AVENUE - ROUTE 259 TO
WATERMAN AVENUE - PLAN NO. 9996 (14)
Valerie C. Ross, Acting Director of Development Services, submitted a staff
report dated July 12, 2000, regarding Change Order No. Three to the contract with
Holland-Lowe Construction, Inc., for placing of a leveling course of pavement and
related work on Highland Avenue--Route 259 to Waterman Avenue.
Council Member McCammack stated she would abstain on this matter, since she
owns a business along Highland Avenue.
Council Member McGinnis made a motion, seconded by Council Member
Suarez, that Contract Change Order No. Three with Holland-Lowe Construction, Inc.,
be approved for placing of a leveling course of pavement and related work for a net
Change Order amount of $26,304.53, increasing the contract total from $438,379.90 to
$464,684.43.
The motion carried by the following vote: Ayes:
Lien, McGinnis, Schnetz, Suarez, Anderson. Nays:
Member McCammack. Absent: None.
Council Members Estrada,
None. Abstain: Council
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AUTHORIZE - CONTRACT CHANGE ORDER NO. THREE -
HOLLAND-LOWE CONSTRUCTION, INC. - STREET & SIGNAL
IMPROVEMENTS - SIXTH STREET, FROM "H" STREET TO
ARROWHEAD AVENUE - PLAN NO. 9995 (15)
Valerie C. Ross, Acting Director of Development Services, submitted a staff
report dated July 17, 2000, regarding Change Order No. Three to the contract with
Holland-Lowe Construction, Inc.. relative to street and signal improvements on Sixth
Street from "H" Street to Arrowhead Avenue.
Council Member Anderson reminded staff that in the past companies would
submit low bids and then need several change orders in order to complete the project,
which ultimately raised the price significantly above the original bid; and questioned the
change orders in Agenda Item Nos. 14 and 15.
Ray Casey, City Engineer, explained that in this case the contractor had found
loose material sandwiched between two layers of concrete, a situation which was
unexpected, but nonetheless needed to be remedied. He noted that in terms of the
budgeted amount, both of these contracts fell within the original budgeted amount plus
contingency.
Council Member McCammack noted that in many instances this happens
because of the lack of history on what has happened in the past under our streets. It
was noted that GIS mapping would address some of these issues.
Council Member Anderson made a motion. seconded by Council Member
McCammack, and unanimously carried, that the Mayor and Common Council authorize
the Director of Finance to amend the 2000/2001 budget and transfer $10,000 from 129-
367-5504-7156 "Street Improvement/Safety Improvements - Citywide" to 129-367-
5504-7152 "Installation of pedestrian signals, traffic signal loops and rehabilitation of
6th Street"; and that Contract Change Order No. Three to the contract with Holland-
Lowe Construction, Inc.. be approved for Street and Signal Improvements on 6th Street
from "H" Street to Arrowhead Avenue for a net Change Order amount of $11,619.45,
increasing the contract total from $270,412.35 to $282,031.80.
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A LEASE WITH COX PCS
ASSETS, L.L.c., ALSO KNOWN AS SPRINT PCS, RELATING TO
CERTAIN CITY-OWNED REAL PROPERTY SITUATED AT THE
NORTHWEST CORNER OF SECOND STREET AND MERIDIAN
AVENUE (A PORTION OF NICHOLSON PARK). (16)
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Council Member Schuetz stated that he would hate to see more poles in the
parks and would like the pole to blend with the trees. Therefore, it was suggested that
approval of this item be postponed until the City could contact Cox PCS regarding this
suggestion.
Council Member Schuetz made a motion, seconded by Council Member
Anderson, and unanimously carried, that the matter be continued to the Mayor and
Council meeting of August 7,2000.
RES. 2000-218 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE
FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY AND TAORMINA INDUSTRIES, INC. TO EXTEND TERM
OF AGREEMENT FOR THE PROVISION OF COMMINGLED
RECYCLABLE PROCESSING. (Discussed earlier in the meeting -
page 8) (26)
Council Member Estrada made a motion, seconded by Council Member
McCammack, and unanimously carried, that the Mayor and Council reconsider Agenda
Item No. 26.
Council Member Estrada questioned why this matter wasn't addressed ahead of
time so a new contact could have been negotiated or the amendment go forward at the
time the contract was ending, instead of waiting to the last minute. She stated that
someone should be tracking City contracts, so extensions such as this are not necessary.
City Administrator Wilson noted that the Public Services Department had
various staffing issues, and the three-month extension would allow them to conduct a
Request for Proposal and follow established procedures.
Lynn Merrill, Director of Public Services, stated that he had been involved in
this matter when it came before the Council five years ago, and that he accepted full
responsibility for the delay--that it was one of the projects that staff just did not get to in
a timely manner.
Mayor Valles noted that the point had been made that the City needs a better
tracking system of when contracts are due to expire.
There was no further discussion of this matter.
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SECTION 3.44.131(B) TO THE SAN BERNARDINO MUNICIPAL
CODE AND ESTABLISHING A UTILITY USER'S TAX REBATE
PROGRAM FOR EXISTING BUSINESSES. First (30)
City Administrator Wilson advised that in March the Council had adopted a
similar ordinance for new businesses. At that time the Council asked for something for
existing businesses; however, the matter was held up until staff could budget the
necessary funds for the program.
Mr. Wilson explained the criteria for eligibility in the program, stating that
there would be a set of administrative guidelines which would be distributed to the
Chamber of Commerce and placed on the City's web site.
Discussion ensued regarding various methods of notifying local businesses about
the program and the language in the ordinance regarding the additional 1 percent rebate
for hiring San Bernardino residents.
Council Member Lien pointed out that the Legislative Review Committee spent
several months developing this program, which is retroactive to January 1, and that the
rebates are paid the year after the business has qualified for the program.
Council Member Schnetz made a motion, seconded by Council Member
McGinnis, and unanimously carried, that said ordinance be laid over for final adoption.
PUBLIC HEARING - RESOLUTION IMPOSING LIENS - CERTAIN
PARCELS OF REAL PROPERTY LOCATED IN THE CITY OF SAN
BERNARDINO - UNCOLLECTED BUSINESS REGISTRATION
FEES (31)
Rachel Clark, City Clerk, submitted a staff report dated June 27, 2000,
regarding the imposition of liens on certain parcels of real property located throughout
the city for uncollected business registration fees.
Mayor Valles opened the hearing.
Council Member Schuetz noted that 99.9 percent of the properties are multi-
family or single-family residential who are not acquiring their business license on their
property. He questioned whether there was any way to ensure that the property owners
are receiving their notices.
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City Clerk Clark stated that several attempts are made to contact the owners and
obtain their compliance prior to taking this final step of placing liens against the
properties.
No public comments were received.
RES. 2000-222 - RESOLUTION OF THE CITY OF SAN
BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF
REAL PROPERTY LOCATED WITHIN THE CITY OF SAN
BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION
FEES. (31)
Council Member Anderson made a motion, seconded by Council Member
Suarez, that the hearing be closed; that the City Clerk be directed to administratively
remove any properties from Exhibit A which have been paid prior to the hearing; and
that said resolution be adopted.
The motion carried and Resolution No. 2000-222 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
PUBLIC MEETING - PROPOSED FORMATION - ASSESSMENT
DISTRICT NO. 1018 (NORTHPARK & MOUNTAIN - TRACT NO.
14448) (32)
Valerie C. Ross, Acting Director of Development Services, submitted a staff
report dated July 11, 2000 regarding the public meeting relative to the formation of
Assessment District No. 1018.
Mayor Valles opened the meeting.
Ray Casey, City Engineer, provided a brief overview of previous actions taken
regarding this matter.
No public comments were received.
Council Member Anderson made a motion, seconded by Council Member
Suarez, and unanimously carried, that the public meeting be closed and that any
protests and determination of ballots be carried forward to the public hearing to be held
at 10:00 a.m. on August 7, 2000.
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PUBLIC HEARING - VACATE - PORTION OF NORTH/SOUTH
ALLEY - NORTH OF 20TH STREET BETWEEN GUTHRIE STREET
& NEWCOMB STREET (33)
Valerie C. Ross, Acting Director of Development Services, submitted a staff
report dated July 13, 2000, regarding the vacation of a portion of the north/south alley
north of 20th Street between Guthrie Street and Newcomb Street.
Mayor Valles opened the hearing.
City Engineer Casey provided background information.
No public comments were received.
RES. 2000-223 - RESOLUTION OF THE CITY OF SAN
BERNARDINO ORDERING THE VACATION OF A PORTION OF
THE NORTH/SOUTH ALLEY NORTH OF 20TH STREET BETWEEN
GUTHRIE STREET AND NEWCOMB STREET. (33)
Council Member Estrada made a motion, seconded by Council Member
Anderson, that the public hearing be closed and the Findings of Fact as set forth in the
Staff Report from the Director of Development Services, as to why a portion of the
north/south alley north of 20th Street between Guthrie Street and Newcomb Street is no
longer necessary for street purposes, be adopted; and that said resolution be adopted.
The motion carried, and Resolution No. 2000-223 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
APPEAL HEARING - TERMINATION
AGREEMENT - DANNY'S TOWING
OF TOW SERVICE
(34)
Wayne Harp. Assistant Chief of Police, submitted a staff report dated July 18,
2000, requesting that the appeal hearing relative to Danny's Towing be continued to
September 5, 2000.
Council Member Lien made a motion, seconded by Council Member
McCammack, and unanimously carried, that the appeal hearing regarding the
reinstatement of Danny's Towing to the Police Department Tow Rotation be continued
to the Mayor and Council meeting of September 5, 2000.
16
7/24/2000
SET JOINT MAYOR & COMMON COUNCIL/PLANNING
COMMISSION LUNCHEON WORKSHOP - SEPTEMBER 5, 2000 -
12:00 P.M. - ECONOMIC DEVELOPMENT AGENCY BOARD
ROOM - WITH CONSULTANTS ECONOMICS RESEARCH
ASSOCIATES (Continued from July 10, 2000) (35)
Council Member Lien made a motion, seconded by Council Member Schnetz,
and unanimously carried, that a joint luncheon workshop with the Mayor and Common
Council and Planning Commission be set for 12:00 p.m., on Monday, September 5,
2000 in the Economic Development Agency Board Room to meet with Economics
Research Associates.
RES. 2000-224 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING
A FISCAL YEAR 2000/2001 MAINTENANCE CONTRACT WITH
CATG CORPORATION FOR MAINTENANCE OF THE CITY'S
COMPUTER AND NETWORKING HARDWARE AND OPERATING
SYSTEM SOFTWARE. (Continued from July 10, 2000) (36)
Janis Ingels, Director of Management Information Services, submitted a staff
report dated May 23, 2000, with a revised funding amount of $129,443.84.
Council Member Suarez made a motion, seconded by Council Member
McCammack, that said resolution be adopted.
Resolution No. 2000-224 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Schnetz, Suarez. Anderson, McCammack. Nays:
None. Absent: None.
RES. 2000-225 - RESOLUTION OF THE CITY OF SAN
BERNARDINO ADOPTING THE FINDINGS OF FACT ON THE
APPEAL HEARING OF EZZAT SOLIMAN CHALLENGING THE
VALIDITY OF EXECUTIVE ORDER 2000-2 AND DIRECTING THE
CITY CLERK TO GIVE NOTICE THEREOF. (37)
Mayor Valles inquired whether there was anyone in the audience representing
Mr. Soliman, and there was no response.
Council Member Anderson made a motion, seconded by Council Member
Estrada, that said resolution be adopted.
17
7/24/2000
Resolution No. 2000-225 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
RES. 2000-226 - RESOLUTION OF THE CITY OF SAN
BERNARDINO ADOPTING THE FINDINGS OF FACT ON THE
APPEAL HEARING OF EZZAT SOLIMAN/SHOWCASE THEATER
CHALLENGING THE DENIAL OF REQUEST FOR PARKING FOR
JUNE 2000, BY ANNIE RAMOS, PARKS, RECREATION AND
COMMUNITY SERVICES DIRECTOR AND DIRECTING THE CITY
CLERK TO GIVE NOTICE THEREOF. (38)
Mayor Valles inquired whether there was anyone in the audience representing
Mr. Soliman, and there was no response.
Council Member Suarez made a motion, seconded by Council Member
Anderson, that said resolution be adopted.
Resolution No. 2000-226 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
APPROVE REQUEST - THREE-WAY STOP SIGN - 21sT STREET AT
SAN GABRIEL STREET - COUNCIL MEMBER LIEN (39)
Council Member Lien submitted a staff report dated July 18, 2000, regarding
installation of a three-way stop sign at 21" Street and San Gabriel Street. Attached to
the staff report was a petition signed by over 100 citizens who visit the Perris Hill
Senior Center, the YMCA and/or the Perris Hill Park on a regular basis.
Council Member Lien submitted a rough drawing of the area in question and a
copy of a newspaper article regarding Pedestrian Gateways, stating that the seniors are
concerned about crossing the street at this location since a person must cross four lanes
of traffic plus two parking lanes.
Ray Casey, City Engineer, advised that a three-way stop may give people a
false sense of security. It was noted that the Traffic Safety Advisory Committee had
determined that neither a signal nor a stop sign was warranted at this location. He
suggested the possible use of a "Senior Sign" similar to school district signs with a
posted speed of 25 mph with increased enforcement.
18
7/24/2000
Council Member Lien stated she was not comfortable with painting a crosswalk
and erecting a Senior Sign; however, she thought that the installation of Pedestrian
Gateways in conjunction with a signal or stop sign might be a viable solution. Other
suggestions included narrowing the street, construction of a median, and the possible
installation of speed bumps.
City Attorney Penman advised the Council to refer the ideas brought forth at
this meeting to the Traffic Safety Advisory Committee for further study and
consideration, with a report to be brought back to the Council sometime after the
Committee had their next meeting.
Council Member Lien emphasized that she wanted the Committee to understand
that painting a crosswalk with a speed bump was an unacceptable solution.
Council Member Schnetz made a motion, seconded by Council Member Suarez,
and unanimously carried, that the matter be referred back to the Traffic Safety
Advisory Committee, with a report to be brought back to the Mayor and Council
meeting of August 21, 2000.
RES. 2000-227 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE
2000/2001 TO 2004/2005 CAPITAL IMPROVEMENT PROGRAM.
(Discussed earlier in the meeting - page 10) (13)
Council Member Lien made a motion, seconded by Council Member Schnetz,
that said resolution be adopted.
Resolution No. 2000-227 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Schuetz, Suarez. Anderson, McCammack. Nays:
None. Absent: None.
RES. 2000-228 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND WELLS FARGO BANK, N.A. FOR THE
PROVISION OF BANKING SERVICES AND THE DEPOSIT OF
MONIES. (Discussed earlier in the meeting - page 11) (12)
City Attorney Penman advised that he had reviewed the proposal and was
satisfied with same.
Council Member Anderson made a motion, seconded by Council Member
Suarez, that said resolution be adopted.
19
7/24/2000
Resolution No. 2000-228 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
RECESS MEETING
At 10:43 a.m., Mayor Valles declared a 15-minute recess.
RECONVENE MEETING
At 11 :06 a.m., Mayor Valles reconvened the joint regular meeting of the Mayor
and Common Council and Community Development Commission of the City of San
Bernardino.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being present:
Mayor Valles; Council Members Estrada, Lien, McGinnis, Suarez, Anderson,
McCammack; Deputy City Attorney Empeno, City Clerk Clark, Acting Director of
Development Services Ross. Absent: Council Member Schnetz.
APPEAL HEARING - PLANNING COMMISSION'S APPROVAL OF
CONDITIONAL USE PERMIT (CUP) NO. 00-05 - ESTABLISH
INDOOR RETAIL CONCESSION MALL IN EXISTING BUILDING -
NORTHEAST CORNER OF WATERMAN AVENUE & NINTH
STREET - CGl, COMMERCIAL GENERAL, & CH, COMMERCIAL
HEAVY, LAND USE DISTRICTS - LANSING INDUSTRIES, INC.
(40)
Valerie C. Ross, Acting Director of Development Services, submitted a staff
report dated July 11. 2000, regarding the appeal filed by Lansing Industries, Inc., in
objection to the Planning Commission's approval of Conditional Use Permit No. 00-05.
Mayor Valles opened the hearing.
Ms. Ross provided background information and reviewed highlights of the staff
report with the Council. She advised that the Planning Commission had approved the
conditional use permit (CUP); however, they denied the request for a variance. She
provided information on the size of the building (104,000 sq. ft.), stating that me
applicant hoped to have approximately 170 vendors with hours of operation being from
10:00 a.m. to 7:00 p.m. She advised that staff had determined that the project was
exempt from the California Environmental Quality Act (CEQA) since the proposed use
is basically the same as when the property was originally developed. She stated that the
appellant believed that the exemption was not categorically correct.
20
7/24/2000
M. Katherine Jenson, Rutan & Tucker LLP, 611 Anton Boulevard, 14th Floor,
Costa Mesa, California, attorney for the appellant, submitted a letter dated July 21,
2000, with attachments, which outlined their objections to CUP No. 00-05 and the fact
that the City is treating this project as "categorically exempted" from the application of
CEQA.
Ms. Jenson ascertained that there is an over saturation of indoor and outdoor
swap meets in the area, and submitted for the record business cards from eight local
indoor swap meets. She itemized the five reasons why the use of "categorical
exemption" does not apply in this instance, as outlined on pages 2 and 3 of her July 21
letter.
The following individuals spoke in opposition to the proposed project:
Juan Marcos, Excel Communications, P.O. Box 9592, Ontario, CA, stated that
the more swap meets that open, the more business there is for him; however, he
believed it would have a tremendous impact on the swap meet operated by Mr. Kim at
the southwest corner of Ninth Street and Waterman Avenue.
Edward Kim, owner of The Marketplace swap meet, 263 East Ninth Street, San
Bernardino, CA, who submitted a document containing almost 1,100 signatures against
the proposed project.
Daniel Lee, a vendor with Mr. Kim, expressed the fears he had for his business.
Trip Hord of Trip Hord Associates, 1421 Gilcross Way, Riverside, CA, who
stated that a traffic study should be done and submitted documentation from Conditional
Use Permit No. 99-02 into the record.
Greg Lansing, Lansing Industries, Inc., owner of the building at 263 East Ninth
Street, San Bernardino, CA, who provided background information on the steps they
had taken to upgrade their property and open their swap meet.
William Marshall, 233 East Olive Street, San Bernardino, and Mrs. Moreno,
282 East Fourth Street, San Bernardino, submitted written opposition to the proposed
project.
City Clerk Clark announced that Kathy Jenson had submitted eight business
cards of surrounding swap meets; however, only three were located in the City of San
Bernardino, with the others located in Colton, Fontana and Rialto.
Penny Alexander-Kelley, Attorney with Gresham, Savage, Nolan & Tilden,
LLP, 600 North Arrowhead Avenue. Suite 300, San Bernardino. CA, submitted a letter
dated July 21, 2000, addressed to Mayor Valles and Members of the City Council.
21
7/24/2000
Ms. Alexander-Kelley reviewed pertinent portions of the letter with the Council,
pointing out that CEQA is not about economic competition, but about changes to the
environment. She stated that it was interesting to note that the opponent's CUP for
development of their project was approved by the City Council using CEQA exemption
15301, just as it is currently being proposed for this project.
Harold Willis, 1033 North Waterman Avenue, Suite K, San Bernardino, CA,
owner of the property in question, stated that several misrepresentations had been made
regarding the property. He stated that the operation of a swap meet at this location has
always been a viable option. He pointed out that Waterman Avenue is not a little street
which cannot take competition--that it is the main street running north/south in San
Bernardino and can handle the additional businesses. He stated that this appeal is not
about environment--it is about competition. In closing, Mr. Willis pointed out that this
property is too important to the City to keep it from being a good piece of property that
everyone can be proud of.
Jay Nong, a future vendor in the proposed Waterman Discount Mall, stated his
reasons for choosing to be affiliated with the new proposed mall, stating that he
expected more professional management of the business.
Judi Penman, Executive Director of the San Bernardino Area Chamber of
Commerce, advised that Mr. Willis has been diligently trying to get a tenant in this
building for the last ten years. She stated that it is much better to have a building
occupied than for it to be vacant and advocated good healthy competition.
Deputy City Attorney Empeno advised that the Courts have determined that the
burden is on the challenging party of the City's finding of an exemption, and requires
them to produce substantial evidence that the project has potential for substantial
adverse environmental impact. He added that economic issues and competition, in and
of themselves, are not adverse environmental facts.
Council Member Lien stated that everyone would like to see the very best on
Waterman Avenue, and to some, a swap meet may not be their first choice. However,
Mr. Willis has been trying for several years to get a tenant and the competition may not
be detrimental to the existing establishment. She expressed understanding of the
concerns voiced by the appellant, but stated that she just did not believe there was a
valid challenge to CEQA and, therefore, no reason to deny the CUP.
Council Member Lien made a motion, seconded by Council Member Schnetz,
and unanimously carried, that the public hearing be closed; the appeal be denied, and
the Planning Commission's approval of Conditional Use Permit No. 00-05 be upheld
based on the Findings of Fact and subject to the Conditions of Approval and Standard
Requirements.
22
7/24/2000
RECESS MEETING
At 11:59 a.m., Mayor Valles recessed the meeting to 12:30 p.m., in the Council
Chambers of City Hall for a luncheon workshop with the Charter Review Committee.
RECONVENE MEETING
At 12:41 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor
and Common Council and Community Development Commission of the City of San
Bernardino.
ROLL CALL
Roll call was taken by City Clerk Clark with the following being present:
Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson.
Absent: None.
LUNCHEON WORKSHOP - CHARTER
(Discussed later in the meeting - page 31)
REVIEW COMMITTEE
(41)
Mayor Valles made introductory remarks, stating that the goal of the Council
was to ultimately approve a revised charter document which would go to the voters in
November. She stated she did not know whether it would be possible to accomplish
that today; if not, the meeting would be continued to a later date. She then introduced
Jim Morris, co-chair of the Charter Review Committee (hereinafter referred to as
"Committee").
Mr. Morris provided background information on the formation of the
Committee. He advised that the Committee developed five guiding principles--
questions they would ask themselves relative to their changes and recommendations--
before they began the revision process, as follows: Does this draft charter make our
City government more representative, more responsive, more accountable, more
functional, and is it flexible? They felt if the charter served these principles, they
would have achieved their goal. Subsequently, the Committee divided into four sub-
committees--the governance subcommittee, the elected representatives subcommittee,
the personnel subcommittee, and the boards and commissions subcommittee.
After meeting for a number of months, the Committee's initial recommendations
were first taken to focus groups, which were held in six of the seven wards. The focus
groups were convened with the idea of receiving some personal face-to-face input from
citizens selected by the Mayor and Council. After the focus group meetings, the
committee developed a set of preliminary recommendations which were then taken to
the community in three community-wide forums. Ultimately, the final
recommendations of the Committee were given to the Mayor on July 10. He added that
each provision had been carefully reviewed by the City Attorney and two outside law
firms.
23
7/24/2000
The following individuals expressed their concerns and opinions:
Maxine Kraft, a retired Civil Service Commissioner for the City, expressed
support of maintaining an elected City Attorney, City Clerk, and City Treasurer;
support for leaving the Civil Service organization intact as an independent department
with an appointed Civil Service Board; and support for the existing Charter Section
186. She did not support the creation of a City Prosecutor position.
Oscar Gonzales, a retired Civil Service Commissioner for the City, submitted a
written statement into the record dated July 24, :WOO, in which he outlined his
concerns. He voiced support for maintaining an elected City Attorney, but did not
support creation of a City Prosecutor position. He was opposed to taking Section 186
out of the Charter, expressed concern over the Civil Service issue, and felt the
proposed charter gives too much power to the Mayor.
B. Warren Cocke, 2875 Valencia Avenue, San Bernardino, CA, stated that he
would like to see the City Attorney position left alone, the Civil Service Department
left alone, and Section 186 left alone--all to remain as they exist in the current charter.
Gil Navarro, Chairman of the Mexican-American Political Association, P.O.
Box 1396, San Bernardino, CA, stated that the Association had voted to approve the
Charter Review Committee's recommendations dated July 10, 2000. He stated he
specifically wanted to emphasize support for salary increases for the Mayor and
Common Council, changes to the Civil Service Board, and the recommended change to
have an appointed City Attorney and elected City Prosecutor.
Frank Daneke, 2548 Spruce, San Bernardino, CA, stated he was one of the
original writers of Section 186. He expressed concern that if Section 186 is revised or
taken out of the charter the City will encounter a problem with its police officers taking
lateral transfers to other cities.
Gene Boisvert, 3740 Palm Crest Drive, San Bernardino, CA, stated that he
never received any notification regarding the Charter Committee meetings or the focus
group meetings, even though he is a property owner and registered voter. He spoke in
favor of an elected City Attorney and did not support Section 186 as it currently exists.
Edward Wheeler, 1703 Crestview Avenue, San Bernardino, CA, a former
Council Member, stated that he had been asked to make sure that the charter revisions
recommended by the previous charter review committee under Mayor Wilcox be given
to the Council. He complimented the Charter Review Committee and the Mayor on
their hard work; however, he disagreed with all of their recommendations. He was
opposed to an increase in the salaries for the Mayor and Council, opposed to changing
Section 186 in any way, and opposed to any change in the Civil Service Department.
24
7/24/2000
Robert Rego, 607 East 20th Street, San Bernardino, CA. stated that he thought
the number of votes to override the Mayor should be two-thirds; expressed concern
over dividing the City Attorney's position and felt the City Attorney should remain
elected; expressed concern with checks and balances of filling vacancies by the Mayor;
expressed concern regarding the effective dates for changes in compensation for the
Mayor and Council; expressed concern that the salary provisions for the Mayor and
Council were being included in the Charter (they should be established by the voters);
and expressed support for keeping Section 186 in the charter as it currently exists.
Juanita Scott, 1734 West Virginia Street, San Bernardino, CA, expressed
concern with dividing the position of City Attorney and expressed her opinion that Civil
Service must remain as it is currently structured.
Jim Morris stated that he would like to clarify some of the misconceptions about
the process. He advised that the Committee agrees in governance by consent and
wanted to make sure that accountability was placed in the charter. He ascertained that
a close look through the proposed charter would show those areas where the Mayor's
power is checked.
He pointed out that on many of the issues the community, and even the
Committee, was evenly split. He advised that some of the members of the prior
committee had also been members of this Committee; in fact, one of their first tasks
was to review the recommendations of the previous charter revision committee. He
stated that they did everything they could, as a group, to get the word out regarding
their meetings; however, they had no budget to contact each and every property owner
individually. Relative to the Mayor and Council salaries, he referred back to the
rationale articulated in the recommendation, stating that the Committee did not want
good people discouraged from running for office due to the salaries.
Allen Gresham of Gresham, Savage, Nolan & Tilden, LLP, 600 North
Arrowhead Avenue, Suite 300, San Bernardino, CA. advised the Council that his firm
was not asked to give any opinions relative to policy--they were asked to look at the
document from a legal standpoint and comment on that. He stated that almost all of
their suggestions had been incorporated in the last couple of drafts; however, he wanted
to comment on a couple of areas that the Committee and staff had not seen fit to accept.
One of these was the age limitation for holding office and the other was the splitting of
the City Attorney's Office.
John Nolan, also of Gresham, Savage, Nolan & Tilden, LLP, advised that the
state constitution specifies age requirements for some officials. He also noted that
Government Code Section 1020 sets forth that, "a person is incapable of holding a civil
office if at the time of his election or appointment he is not 18 years of age and a citizen
of the state. "
25
7/24/2000
Mr. Gresham addressed the issue of splitting the City Attorney's Office,
advising that this arrangement may work well in a much larger city; however, it can
also be very costly.
Council Member Estrada asked for a procedure or time line so the Council
would know how much time they had to read all of the materials and also to bring
forward their own questions and concerns.
The Mayor pointed out that several members of the Committee were present to
answer any questions the Council might have. She added that if some of the Council
members had already identified some of the issues--whether to act on them, or to pull
them, or whatever--they could do so at this time.
The Mayor then asked the Council members whether there was anyone who felt
that the last draft charter dated July 20, should be taken as submitted. Each Council
member indicated "no." She then inquired whether there was anyone who felt that the
draft charter dated July 10, should be accepted as submitted. Again, all the Council
members indicated "no."
Council Member Lien noted that the Council had spent $25,000 getting legal
opinions on the draft submitted by the Charter Review Committee, and she felt there
were substantive changes in the draft subsequently prepared by the Mayor and City
Attorney dated July 20. Therefore, it was her suggestion that the Council work from
the July 10 document, which was reviewed by legal counsel, and incorporate into it
other information from the July 20 document, if desired.
Council Member McCammack believed that using the July 10 document would
be taking a step backwards--that quite a bit of the information contained in the legal
analysis had been incorporated into the July 20 document.
Council Member Estrada wondered whether it would be possible to identify
those items that were going to be adversarial--those things that possibly should be
placed on the ballot separately--and if there was some consensus among the Council, to
set them aside at this time.
Mayor Valles asked each of the Council Members whether they thought the
office of the Prosecutor should be included in the proposed charter, and each member
stated "no."
She asked whether there should be two positions--a City Attorney and a City
Prosecutor. The following Council members stated "no": Council Members Estrada,
Lien, Schnetz, Suarez, Anderson, McCammack. Council Member McGinnis was
uncertain at this time.
26
7/24/2000
The Mayor itemized those items which might be controversial such as an elected
City Attorney versus an appointed City Attorney and the changes recommended for the
Civil Service Department. It was noted that the Council had received three large
documents today and needed more time to study the Civil Service issue. Other
controversial items included whether the Mayor and Council could hire their own legal
counsel; and also the question of Charter Section 186 and whether it should remain in
the final document. There was discussion regarding the best way to move forward with
the review process.
Discussion ensued regarding Section 404, Mayor Pro-Tempore. Some of the
Council thought the current method of using a rotation of the Council members to serve
as the Mayor Pro Tem was working well, so why change it? Others believed the
person should be appointed for a one-year period in order to work closely with the
Mayor and be able to take over all aspects of the position in the event a vacancy should
occur, whether temporary or permanent.
The question was then raised whether the Mayor Pro Tem would then receive a
full-time salary. It was pointed out that this person, even though appointed
temporarily, could then come to be seen as the incumbent, and whether it would create
an unfair advantage for this person at the time of the election to fill the position.
Council Member Suarez stated he did not think the Mayor Pro Tem should be able to
vote if it was a semi-permanent, long-term assignment.
Council Member Lien stated that she was satisfied with most of the
recommendations brought forward by the Committee. She had only two areas of
concern--the quorum issue and the age issue. She stated she was not in favor of the age
restriction.
The Council discussed the quorum issue at some length, and ultimately Mayor
Valles inquired whether the Council was comfortable with retaining the four-vote
majority, as is current practice. All of the Council members answered in the
affirmative.
At this time the Mayor and Council took a short recess, then reconvened to
discuss Community Development Commission items. followed by further discussion of
the proposed charter (see page 31).
RECESS MEETING
At 2:48 p.m., Mayor Valles declared a ten-minute recess.
RECONVENE MEETING
At 3:07 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor
and Common Council and Community Development Commission.
27
7/24/2000
ROLL CALL
Roll call was taken by City Clerk Clark with the following being present:
Mayor Valles; Council Members Estrada, Lien, McGinnis, Schuetz, Anderson,
McCammack; City Attorney Penman, Economic Development Agency Special Counsel
Sabo, City Clerk Clark, Economic Development Agency Executive Director Van
Osdel. Absent: Council Member Suarez.
COMMUNITY DEVELOPMENT COMMISSION/SAN
BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN
BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING
AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES
FINANCING AUTHORITY - JOINT REGULAR MEETING
At 3:07 p.m., Chairwoman Valles called to order the joint regular meeting of
the Community Development Commission/San Bernardino Joint Powers Financing
Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San
Bernardino Associated Communities Financing Authority and Mayor and Common
Council.
City Attorney Penman declared a conflict of interest relative to Agenda Item
No. R42, stating that he was on the Board of Directors of the Camp Fire Girls. He
advised that Special Counsel Sabo had signed off on the resolution.
PUBLIC HEARING REPROGRAM & REALLOCATE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS-
$249,473 TO PROJECTS & PROGRAMS LISTED IN STAFF
REPORT - AMEND FIVE-YEAR CONSOLIDATED PLAN (1995-
2000) (R42)
Maggie Pacheco, Director of Housing and Community Development, submitted
a staff report dated July 11, 2000, regarding the reprogramming and reallocation of
Community Development Block Grant funds.
Chairwoman Valles opened the hearing.
Ms. Pacheco provided an overview of the staff report and the recommendations
made by staff for reallocation of the funds.
No public comments were received.
COUNCIL MEMBER SUAREZ RETURNED
At 3:08 p.m., Council Member Suarez returned to the Council meeting and took
his place at the Council table.
28
7/24/2000
CITY ATTORNEY PENMAN EXCUSED
At 3:08 p.m., City Attorney Penman left the Council meeting and was replaced
by Senior Assistant City Attorney Carlyle,
RES. 2000-229 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL APPROVING AND AUTHORIZING (1) THE
REPROGRAMMING OF COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS IN THE AMOUNT OF $249,473; (2) THE
REALLOCATION OF CDBG FUNDS TO THE PROJECTS AND
PROGRAMS CONTAINED IN SECTION II OF THIS STAFF
REPORT, IN THE AMOUNT OF $242,200; AND (3)
AMENDMENTS TO THE CITY'S FIVE-YEAR CONSOLIDATED
PLAN (1995-2000). (R42)
Council Member Estrada made a motion, seconded by Council Member
Schuetz, that the hearing be closed; and that said resolution be adopted.
The motion carried and Resolution No. 2000-229 was adopted by the following
vote: Ayes: Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack, Nays: None. Absent: None.
RES. CDC/2000-24 - RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION APPROVING THE FIRST
AMENDMENT TO THE AGREEMENT BETWEEN
NEIGHBORHOOD HOUSING SERVICES OF THE INLAND
EMPIRE, INC., AND THE REDEVELOPMENT AGENCY, DATED
SEPTEMBER 7, 1999, TO ADD THE MAINTENANCE GRANT
PROGRAM TO THE SINGLE FAMILY HOME IMPROVEMENT
LOAN AND BEAUTIFICATION GRANT PROGRAM AGREEMENT.
(R43)
Ms. Pacheco reviewed highlights of the staff report with the Council.
Council Member Estrada commented on the fact that $200,000 was left from the
first allotment of funds and inquired whether Neighborhood Housing Services could do
the work and carry out the program in a timely manner.
Mr. Dokkens Hodges, Executive Director of Neighborhood Housing Services,
advised that they would be hiring three additional construction workers to carry out this
portion of the program,
Council Member Suarez inquired whether the homeowners are required to sign
an agreement that they will not sell the home for a certain number of years.
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Ms, Pacheco advised that in this particular program there would be a provision
in the agreement that the homeowner must live in the house for a minimum of one year
after they receive the grant assistance.
Council Member Anderson asked whether Neighborhood Housing Services had
taken over the names of individuals who had made application to the Westside
Community Development Corporation.
Maggie Pacheco stated that this had been done and they would soon be going
over those names and prioritizing them. She added that it was her understanding that
the Westside Community Development Corporation had completed all of their jobs
except two, and staff would be looking at those two houses.
Council Member Lien made a motion, seconded by Council Member Schuetz,
that said resolution be adopted.
Resolution No. CDC/2oo0-24 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack.
Nays: None. Absent: None.
RES. CDC/2000-25 - RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION APPROVING THE FIRST
AMENDMENT TO THE AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY AND NEIGHBORHOOD HOUSING
SERVICES OF THE INLAND EMPIRE, INC., REGARDING 1149
WEST RIALTO AVENUE RELATED TO THE YOUTHBUlLD
PROGRAM, (R44)
Maggie Pacheco reviewed the staff report with the Council. She explained that
the Agency was proposing to acquire a $1 Good Neighbor property from HUD and
would men transfer the property to Neighborhood Housing Services for the sum of $1
plus closing costs. Neighborhood Housing Services would then rehabilitate the
property within the next six to eight months, sell it to a qualified first -time homebuyer
at an affordable price, and recycle the funds generated by the sale into the program.
Council Member Suarez made a motion, seconded by Council Member
Anderson, that said resolution be adopted.
Resolution No. CDC/2000-25 was adopted by the following vote: Ayes:
Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack,
Nays: None. Absent: None.
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RES. 2000-230 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING
AND ADOPTING THE FIRST AMENDED AND RESTATED JOINT
EXERCISE OF POWERS AGREEMENT OF THE RIVERSIDE-SAN
BERNARDINO HOUSING AND FINANCE AGENCY AND
AUTHORIZING THE MAYOR OR HER DESIGNEE TO MAKE
NON-SUBSTANTIVE PROGRAM AND AGREEMENT CHANGES
SUBJECT TO THE CITY ATTORNEY'S APPROVAL AND
EXECUTE THE FIRST AMENDED AND RESTATED JOINT
EXERCISE OF POWERS AGREEMENT TO THE RIVERSIDE-SAN
BERNARDINO HOUSING AND FINANCE AGENCY. (R45)
Maggie Pacheco, Director of Housing and Community Development, reviewed
highlights of the staff report with the Council, stating that these minor amendments
would clarify some sections of the Joint Powers Agreement and set forth the roles of
the elected officials in the Riverside-San Bernardino Housing and Finance Agency.
Council Member Anderson made a motion, seconded by Council Member
Suarez, that said resolution be adopted,
Resolution No, 2000-230 was adopted by the following vote: Ayes: Council
Members Estrada, Lien, McGinnis, Schuetz, Suarez. Anderson, McCammack. Nays:
None. Absent: None.
PUBLIC COMMENTS
(46)
No public comments were received.
ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR
V AN OSDEL & SPECIAL COUNSEL SABO EXCUSED
At 3:24 p,m., Economic Development Agency Executive Director Van Osdel
and Special Counsel Sabo left the Council meeting.
SENIOR ASSIST ANT CITY ATTORNEY CARLYLE EXCUSED
At 3:24 p.m., Senior Assistant City Attorney Carlyle left the Council meeting
and was replaced by City Attorney Penman.
LUNCHEON WORKSHOP - CHARTER REVIEW COMMITTEE
(Discussed earlier in the meeting - page 23) (41)
Discussion ensued relative to Charter Section 404, Mayor Pro-Tempore, and
Council Member Estrada stated that although she did not personally support Section
404, she felt the voters should have the opportunity to vote on it as a separate issue.
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Some of the Council members expressed that they felt the revised charter should
be presented to the voters basically intact and as a whole--that a person may not like
everything, but you take the good with the bad.
Council Member Schuetz stated that he agreed with the concept of the Mayor
appointing a Mayor Pro Tem with Council confirmation; however, he felt this should
be done on a yearly basis.
Council Member Estrada made a motion, seconded by Council Member
McCammack, that Section 404, Mayor Pro-Tempore, from the draft Charter dated
7/10/00, be singled out as a separate ballot item.
The motion failed by the following vote: Ayes: Council Members Estrada,
McCammack. Nays: Council Members Lien, McGinnis, Schnetz, Suarez, Anderson.
Absent: None.
City Attorney Penman advised that when items are pulled out of the charter to
be addressed separately, his office would have to draft the actual language that goes on
the ballot, which would be different than what is in the charter. He stated that this
would take approximately two weeks if several items were pulled out, as it means going
through the entire charter to see if there is any other mention of these issues, as they
would need to be pulled out also.
Discussion ensued regarding Section 605, Outside legal counsel, and its
relationship to the ordinance in the Municipal Code, which addresses this same issue.
City Attorney Penman advised that the ordinance (Municipal Code) would still
apply, as it affects more than just the relationship of the Mayor and Council with the
City Attorney--it applies to all City officers who want to use outside counsel. He stated
that if the Council wanted to be able to get a "second opinion," or hire their own
attorney, there would need to be certain language changes to the charter; for example,
they could delete the words .. as may be necessary and proper."
City Attorney Penman also provided an explanation of what the words, "as may
be necessary and proper" mean from a legal standpoint. He advised that "as may be
necessary" means when the officer (and this does not apply only to the City Attorney)
given the responsibility in the charter is either unwilling or unable to perform those
duties. He reiterated that other language needed to be crafted to enable the Mayor and
Council to be able to hire their own attorney.
Jim Morris, Committee co-chair, stated that this language had just been
continued from the existing charter, because the Committee believed this language gave
the Mayor and Council the power to employ the legal counsel they deem necessary for
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any purposes needed. He agreed with the suggestion made by City Attorney Penman to
delete the words "as may be necessary and proper" from Section 605.
Council Member Estrada made a motion, seconded by Council Member Suarez,
that the words, "as may be necessary and proper" be deleted from Section 605, Outside
legal counsel, of the draft charter dated 7/10/00. (Note: There was no vote taken.)
Council Member McCammack asked what would happen if the Mayor and
Council wanted to hire separate counsel, and it was suggested that the word "jointly"
be included after the words "Mayor and Common Council shall."
City Attorney Penman provided his thoughts regarding why the Council was
suggesting this change and also his interpretation of the legal issues involved.
Mayor Valles advised that the issue is not about hiring outside counsel, as the
City does this routinely; however, the issue is that the Mayor and Common Council
may want to hire another counsel (other than the City Attorney) and not have to rely on
needing permission from the City Attorney to do so.
Council Member Estrada made an amended motion, seconded by Council
Member Suarez, that the word "jointly" be inserted after the words "Mayor and
Common Council shall," and that the words "as may be necessary and proper" be
deleted from Section 605, Outside legal counsel, of the draft charter dated 7/10/00, to
read as follows:
"The Mayor and Common Council shall jointly have the power and authority to
employ and engage such outside legal counsel and services for the interest and benefit
of the City and the inllabitants thereof."
The motion carried by the following vote: Ayes: Council Members Estrada,
Lien, McGinnis, Schuetz, Suarez. Nays: Council Members Anderson, McCammack.
Absent: None.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, expressed his
perception of how the City Attorney currently performs his duties, particularly in the
matter of an inquest into the death of his father-in-law.
City Attorney Penman stated that he could not imagine any City Attorney
becoming involved in an inquest as described by Mr. Lindberg and could not remember
having ever received a formal request to do so, as Mr. Lindberg claimed. He advised
that this is a matter to be handled by the County coroner, judges, and the courts; and if
he had received such a request he would have referred it to the County coroner.
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The Council continued by discussing Sections 901, Filling vacancies in elected
offices, and 902, Filling vacancy in the Office of the Mayor.
Discussion ensued regarding the wording in the existing charter, the draft
charter of 7/10/00 and the draft charter of 7/20/00, It was noted that in the existing
charter, a special election is called to fill a Council vacancy; however, if there is a
vacancy in the office of Mayor, the vacancy is filled by the Common Council and the
appointee holds office for the unexpired term.
Jim Morris, co-chair of the Committee, stated that the key issue was to provide
consistency in providing for vacancies, and that the Committee felt it was important that
there be a sufficient amount of time between when an election is called and when it is
actually conducted in order for a fair and equitable race to be run.
Council Member Estrada expressed her belief that the people in the wards elect
their Council members and expect them to serve in that capacity. She felt that if a
vacancy occurs in a Council office, there should he a special election to fill said
vacancy as soon as possible.
Concern was again expressed regarding whether the person appointed to
temporarily fill the Mayor's position in the event of a vacancy would have an unfair
advantage in the election.
Council Member Estrada made a motion, seconded by Council Member
McCammack, that Sections 901, Filling vacancies in elected offices, and 902, Filling
vacancy in the Office of the Mayor, from the draft charter dated 7/10/00, be singled out
as separate ballot items.
The motion failed by the following vote: Ayes: Council Members Estrada,
Anderson, McCammack. Nays: Council Members Lien, McGinnis, Schnetz, Suarez.
Absent: None.
Council Member Estrada noted that specific language in Section 1002, Special
municipal elections, of the draft charter document dated 7/10/00 had been stricken from
the draft charter document dated 7/20/00. She pointed out that adoption of the
language in the draft charter dated 7/20/00 would mean there would be only one
election.
Council Member Estrada made a motion, seconded by Council Member Lien,
and unanimously carried, that the language in Section 1002, Special municipal
elections, from the draft charter dated 7/20/00, be approved.
Council Member Estrada made a motion that Section 1002, Special municipal
elections, from the draft charter dated 7/20/00, be singled out as a separate ballot item.
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Council Member Estrada withdrew her motion in order to review this matter
further.
Discussion ensued regarding Section 1003, Election dates, and Council Member
Estrada stated that the office of the City Prosecutor needed to be removed from this
section. It was also ascertained that the City Clerk's position should be changed from
being elected in the year 2001 to being elected in the year 2003.
Council Member Estrada made a motion, seconded by Council Member
McCammack, that Section 1003, Election dates, of the draft charter dated 7120/00, be
amended to delete the words "Office of the City Prosecutor" and change the date for
election of the Office of the City Clerk from 2001 to 2003, to read as follows:
"In 2001 and every four (4) years thereafter, a general municipal election shall
be held to elect persons to the following elected offices of the City: Office of the
Mayor, Councilmember First Ward, Councilmember Second Ward, and
Councilmember Fourth Ward. In 2003 and every four (4) years thereafter, a general
municipal election shall be held to elect persons to the following elected offices of the
City: Councilmember Third Ward, Councilmember Fifth Ward, Councilmember Sixth
Ward, Councilmember Seventh Ward, and Office of the City Clerk."
Council Member McCammack asked whether the Council should determine
whether the City Attorney and City Treasurer should be elected or appointed prior to
deciding on the language in Section 1003. It was noted that as it stands, there is the
assumption that those positions will be appointed.
She stated that she would like to amend the motion to include language which
states that if the Council decides that another office or two apply to these election dates,
that they would then be added into the language. (Note: This appeared to be a
comment rather than an actual motion, there was no second forthcoming, and if the
Council took such action the change would automatically initiate an amendment of the
language in Section 1003.)
The motion made by Council Member Estrada, seconded by Council Member
McCammack, carried by the following vote: Ayes: Council Members Estrada, Lien,
McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: None.
COUNCIL MEMBER McGINNIS EXCUSED
At 5:00 p.m., Council Member McGinnis left the Council meeting.
Discussion ensued regarding the requirements for conducting a recall as
contained in the existing charter, and City Clerk Clark reviewed with the Council the
requirements of the Elections Code versus the language in the existing charter and what
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7/24/2000
was being proposed by the Committee. It was noted that the existing charter allows for
a 30-day period following collection and checking of signatures to amend the petition;
however, this amendment period had been deleted in the draft submitted by the
Committee.
Council Member Estrada made a motion, seconded by Council Member
McCammack, that the language in Section 1103, Recall, from the draft charter dated
7/20/00, be approved.
The motion carried by the following vote:
Lien, Schuetz, Suarez, Anderson, McCammack.
Member McGinnis,
Ayes: Council Members Estrada,
Nays: None. Absent: Council
COUNCIL MEMBER McGINNIS RETURNED
At 5:02 p.m., Council Member McGinnis returned to the Council meeting and
took his place at the Council table.
Council Member McCammack expressed concern that the percentage of
required signatures in Section 1101, Initiative, and Section 1102, Referendum, were not
more in line with the requirements in the Elections Code.
Jim Morris, Committee co-chair, stated that the Committee did not hear from a
single person relative to lowering the percentage of signatures required to place an
initiative or referendum on the ballot; therefore, they had not recommended any
changes in language from the existing charter.
Council Member McCammack made a motion, seconded by Council Member
Estrada, that the percentage of signatures required in Sections 1101, Initiative, and
1102, Referendum, in the draft charter dated 7/20/00, be reduced from 30% to 25%.
The motion carried by the following vote: Ayes: Council Members Estrada,
Suarez, Anderson, McCammack. Nays: Council Members Lien, McGinnis, Schuetz.
Absent: None.
Discussion ensued regarding Section 2205, Sunset of previous Section 186, in
the draft charter dated 7/20/00. Council Member Estrada stated that it was not the job
of the Committee to come up with a better way of determining salaries for safety
personnel; however, administration had not come up with any new proposal that would
be more equitable than what was being proposed by the Committee.
Mr. Morris advised that the thinking of the Committee in recommending to
sunset the current charter Section 186 in two years, was essentially that there should be
a uniform system of employment and compensation for all non-elected employees.
They believed the Mayor and Common Council should be responsible for all employees
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salaries, and these decisions of the Mayor and Council are subject to the accountability
of the electorate. They thought it was important for this accountability to be there
relative to the fiscal decisions of the City.
He stated that the present charter contains a formula on how the salaries of
public safety employees are determined, regardless of the City's financial condition.
Also, because their salaries are addressed in the charter, a substantial portion of the
City's budget is not subject to regular review and decisions for which the elected
officials can be held accountable. As it currently stands, Section 186 locks in
administrative decisions that bind future generations regarding public safety salaries.
Mr. Morris also pointed out that the same system that is presently being used under the
existing charter could be put into an ordinance, where it could be reviewed regularly by
the Mayor and Council, if desired.
Council Member Lien noted that in years past as revenues shrunk, it was the
general employees who suffered without raises; and even as revenues have tended to
increase, there have been other needs. She acknowledged that the general employees
are currently underpaid, and in many departments there is understaffing. She stated
that she thought it was important to leave Section 2205 in the charter as recommended
by the Committee. She added, however, that she had come to believe that it had the
potential for killing the entire process if it was left in the charter and presented to the
voters as a whole; therefore, she felt it should be handled as a separate item on the
ballot.
Council Member Lien made a motion, seconded by Council Member McGinnis,
that Section 2205, Sunset of previous Section 186, from the draft charter dated 7/20/00,
be singled out as a separate ballot item. (Note: Motion was withdrawn later in the
meeting. )
Discussion ensued regarding the implications of pulling items out of the charter
to be voted on separately. City Attorney Penman advised that the way this particular
item was worded, if the voters adopted the new charter, Section 186 would sunset in
two years. There was extended discussion and confusion relative to what it would
mean to pull Section 186 out as a separate item.
Council Member Suarez voiced his support of guaranteeing that the public
safety employees would always have a competitive wage. He pointed out that the
public has always said they want Section 186--that safety is one of their biggest
concerns.
Mayor Valles pointed out that the issue is not a matter of supporting or not
supporting the City's safety personnel; rather it is an issue of the process the City uses
in order to be consistent in determining the salaries for all employees.
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Mr. Morris advised that if the Council pulls out a section to vote on it
separately, it is then impossible to have a choice vote, such as do you want A or B?
You need to have something in place--you're going to vote on a charter--and if that
document is going to be approved, it needs to be a complete document, If you want to
have a choice you are limited to the option of approving a complete charter and then
subsequently asking voters if they want to vote separately to change something in the
charter that they just approved.
Council Member Lien withdrew her motion.
Council Member McCammack made a motion, seconded by Council Member
Estrada, that the current language in Section 186 of the existing charter be incorporated
into the draft charter and presented to the voters as such.
Council Member Anderson stated that she felt the language recommended in the
draft charter as Section 2205, wherein Section 186 would sunset in two years, should
be left as proposed by the Committee and go to the voters as part of the whole
document.
Council Member McCammack withdrew her motion.
There was no further action taken on Section 2205 of the proposed draft charter
at this time.
CITY CLERK CLARK EXCUSED
At 5:50 p.m" City Clerk Clark left the Council meeting and was replaced by
Deputy City Clerk Medina.
Discussion ensued regarding Section 403 D.. Powers and duties, and several
suggestions were made relative to amending the language, such as the addition of the
words "for cause" or "with two-thirds of the Council's approval."
Council Member Anderson made a motion, seconded by Council Member
Estrada, that Section 403 D., Powers and duties, in the draft charter dated 7/10/00, be
amended to include two-thirds Council approval for removal from office, to read as
follows:
"Discipline and remove from office with two-thirds Council approval any
department head, agency head, or other non-elected officer of the City. "
The motion carried by the following vote: Ayes: Council Members Estrada,
McGinnis, Anderson, McCammack. Nays: Council Members Lien, Schnetz, Suarez.
Absent: None.
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At this time it was the consensus of the Council that they would work from the
draft charter dated 7/10/00 and adjourn the meeting to another study session.
ADJOURNMENT (47)
At 6:21 p.m., the meeting adjourned to 5:00 p.m., Wednesday, July 26, in the
Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
The next joint regular meeting of the Mayor and Common Council will be held at 8:00
a.m., Monday, August 7,2000, in the Council Chamhers of City Hall, 300 North "D"
Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
By ~EN4L
Linda E. Hartzel
Deputy City Clerk
No. of Items: 47
No. of Hours: 10 hours
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