HomeMy WebLinkAbout06-17-2002 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JUNE 17, 2002
COUNCIL CHAMBERS
This is the time and place set for a joint regular meeting of the Mayor and Common
Council and Community Development Commission of the City of San Bernardino.
Pursuant to Resolution No. 2002-65, the City Clerk or her designee shall appear in the
Council Chambers at 8:00 a.m. on the first and third Mondays in the months of May,
June, and July, 2002, and shall continue each Mayor and Common Council meeting to
1:30 p.m. that same day.
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/Chairman Valles at 1:42 p.m., Monday, June 17, 2002, 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/Chairman Valles; Council Members/Commissioners Estrada, Lien, McGinnis,
Derry, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Council Member/Commissioner Suarez.
1. Closed Session
Pursuant to Government Code Sections:
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a):
Jaime Alvarez, et al. v. City of San Bernardino - United States District
Court Case No. CV 00-03048;
Stubblefield Construction Company, et al. v. City of San Bernardino, et
al. - San Bernardino Superior Court Case No. SCV 252058;
San Bernardino Hotel/Motel Association v. City of San Bernardino, et
al. - San Bernardino Superior Court Case No. SCV 46722;
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In Re Bankruptcy of CYSA - South San Bernardino Soccer Foundation,
Case No. RS 02-18493MG;
City of San Bernardino v. CYSA - South San Bernardino Soccer
Foundation, et al. - San Bernardino Superior Court Case No. CSB
213237;
Lavon Dwyer, et al. v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 082249;
Jonathan Smith v. City of San Bernardino, et al. - United States District
Court Case No. CV98-1990 GAF (CTx);
William Cox v. City of San Bernardino - Workers Compensation
Appeals Board Case Nos. SBR 0296968 and SBR 0301898.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (I), (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.
D. Closed Session - 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.
1. Property Address:
232, 240 & 248 "K" Street
Negotiating Parties:
Gary V an Osdel on behalf of the
Redevelopment Agency and Gil
Castillo
Under Negotiation:
Purchase terms & conditions
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2. Property Address:
NW Corner of 2"d & "K" Streets
Negotiating Parties:
Gary Van Osdel on behalf of the
Redevelopment Agency and Mr.
Belichefsky on behalf of Belichefsky
Children Family Trust
Under Negotiation:
Purchase terms & conditions
3. Property Address:
Parcel No. 0261-19106
Negotiating Parties:
Gary Van Osdel on behalf of the
Redevelopment Agency and Brad
Umansky on behalf of Sperry Van
Ness
Under Negotiation:
Purchase terms & conditions
4. Property Address:
2080 North Pershing A venue
Negotiating Parties
Maggie Pacheco on behalf of the
Redevelopment Agency and Bill
Sikes on behalf of New House, Inc.
Under Negotiation:
Purchase terms & conditions
City Attorney Penman announced that three additional cases would be discussed
in closed session and also a matter under IC, Initiation of Litigation:
Credit Bureau of San Bernardino, Inc. and Lawrence J. Winslow dba Credit
Bureau of San Bernardino v. City of San Bernardino - San Bernardino Superior
Court Case No. SCVSS 59289;
Robert Bailey and Jennifer Bailey v. City of San Bernardino, San Bernardino
Police Department, Lee Dean, and Does 1-10 - San Bernardino Superior Court
Case No. SCVSS 080564;
Marianne Barklage v. City of San Bernardino, et al. - United States District
Court Case No. SACV02-141 GLT (ANx); and
Under I C, Conference with legal counsel - anticipated litigation - initiation of
litigation pursuant to Government Code Section 54956.9 (c):
City of San Bernardino Water Department v. State of California, State Water
Resources Control Board.
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Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular and supplemental agenda of the Mayor and Common Council
and Community Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Dr. David A. Tinoco of St. Paul's United Methodist
Church, followed by the pledge of allegiance, led by City Attorney James Penman.
2. Appointments
There were no Commission appointments.
3. Presentations
A proclamation designating the month of June as National Home Ownership
Month was presented to Maggie Pacheco, Director of Housing and Community
Development, Economic Development Agency.
A proclamation designating this summer as Safe Kids Summer 2002 was
presented to Carlos Cervantes of Children's Network.
Certificates of Appreciation were presented to the National Charity League's
senior girls in acknowledgement of the many volunteer hours they have donated
to the community. The girls were accompanied by Annie Briety, Senior
Recognition Committee Co-chair.
Robert Visconti, Public Affairs Manager for the Southern California Gas
Company, and Mayor Valles presented scholarship awards to four outstanding
students from San Bernardino High School, who were accompanied by
Guidance Counselor Hilario Contreras.
Mark Edwards, President of the San Bernardino Symphony Orchestra, thanked
Mayor Valles and the Common Council for their ongoing support of the
Symphony and provided an update on their activities and events.
City Attorney Penman presented the "Official" City Attorney tiger to Deputy
City Attorney Suzanne Bryant in recognition of her significant contribution in
handling a recent case involving the Credit Bureau of San Bernardino, Inc. and
Lawrence Winslow dba Credit Bureau of San Bernardino, which saved the
taxpayers $172,351.93 plus interest and attorney's fees.
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Mayor Valles introduced the four high school juniors who were selected to
represent the City as ambassadors of goodwill to its sister city of Tachikawa,
Japan. The students selected as this year's Tachikids--Kara Goritz and Greg
Sack from Pacific High School, Bianca Penaloza from Cajon High School, and
Veronica Deis from San Gorgonio High School-were accompanied by Julie
Fredericks, chair of this year's Student Selection Committee.
Wallace Green, Assistant to the Mayor, read the names of the following
individuals who were presented a service pin award by Mayor Valles in
recognition of their many years of dedicated service to the City:
Name
Dolores Delgado
James Penman
Cynthia Piepmeier
Charlie Temple
Cheryl Weeks
Eugene DuCloux
Rudy Olguin
Bobby Oquendo
Ophelia Roop
Raymond King
Department
City Attorney
City Attorney
Development Services
Development Services
Development Services
Fire
Fire
Fire
Library
Police
4. Announcements
Years of Service
15
15
20
25
5
25
30
25
5
15
Announcements were made by the Mayor, Common Council, elected officials,
and a representative from the Chamber of Commerce regarding various civic,
community, and Chamber events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that full reading of the resolutions and
ordinances on the regular and supplemental agenda of the Mayor and Common
Council/Community Development Commission be waived.
The motion carried by the
Members/Commissioners Estrada,
McCammack. Nays: None. Absent:
following vote: Ayes: Council
Lien, McGinnis, Derry, Anderson,
Council Member/Commissioner Suarez.
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6. Council Minutes
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that the minutes of the following meeting of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: May 20,
2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Suarez.
7. Claims & Payroll
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated June 10,
2002, from Barbara Pachon, Director of Finance, be approved.
The motion carried by the
Members/Commissioners Estrada,
McCarmnack. Nays: None. Absent:
following vote: Ayes: Council
Lien, McGinnis, Derry, Anderson,
Council Member/Commissioner Suarez.
8. Personnel Actions
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that the personnel actions as submitted by
the Chief Examiner dated June 12, 2002, 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.
The motion carried by the
Members/Commissioners Estrada,
McCarmnack. Nays: None. Absent:
following vote: Ayes: Council
Lien, McGinnis, Derry, Anderson,
Council Member/Commissioner Suarez.
9. RES. 2002-160 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute a Master Services
Memorandum of Understanding with the Water Department for provision
of City Services for Fiscal Year 2002/2003.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
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Resolution No. 2002-160 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Suarez.
10. RES. 2002-161 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Lewis, D' Amato, Brisbois & Bisgaard and the City of
San Bernardino to represent the City, its employees, officers and elected
officials during the current investigation and in any ensuing litigation
against the City by the U.S. Department of Housing and Urban
Development.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-161 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Anderson,
McCarmnack. Nays: None. Absent: Council Member/Commissioner Suarez.
11. RES. 2002-162 - Resolution of the City of San Bernardino amending
Resolution No. 655 entitled, in part, "A resolution ... designating certain
streets, or portions thereof as through highways ..." and establishing a three
way stop at the intersection of Meridian Avenue and Poplar Street.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-162 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Suarez.
12. RES. 2002-170 - Resolution of the City of San Bernardino approving
Amendment No. 1 to Agreement for Professional Services with David Evans
and Associates, Inc. for additional design services associated with the design
of the widening of Del Rosa Drive and Third Street at the San Bernardino
International Airport.
Council Member/Commissioner Estrada stated she would abstain on this item
due to the fact that Casa Ramona (her employer) is doing business with David
Evans and Associates, Inc.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
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Resolution No. 2002-170 was adopted by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Derry, Anderson, McCarmnack.
Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent:
Council Member/Commissioner Suarez.
13. RES. 2002-163 - Resolution of the City of San Bernardino amending fair
market value and minimum sale price for certain City owned real property
generally located at the southwest corner of Orange Show Road and
Waterman Avenue in said City.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-163 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Suarez.
14. Resolutiou of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a Lease Agreement between the
City and TVG Enterprises, LLC for rental of space for the City of San
Bernardino, Cultural & International Affairs Office, Arts on 5th
Multicultural Center.
Council Member/Commissioner McGinnis had questions regarding the lease
agreement.
City Attorney Penman stated that after reviewing the agreement further, his
office was recommending that the matter be continued in order to tighten the
language in the lease agreement. He also indicated that TVG Enterprises is not
the owner of record; therefore, the City would need something from the owners
to show that TVG Enterprises has the authority to lease the building.
Council Member/Commissioner McCarmnack made a motion, seconded by
Council Member/Commissioner McGinnis, that the matter be continued to the
budget workshop scheduled for June 25,2002.
The motion carried by the
Members/Commissioners Estrada,
McCammack. Nays: None. Absent:
following vote: Ayes: Council
Lien, McGinnis, Derry, Anderson,
Council Member/Commissioner Suarez.
15. RES. 2002-164 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of a grant in the amount of
$89,000 from the Corporation of National Service under the Programs for
National Significance (PNS) - Senior Companion Program.
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Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-164 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Suarez.
16. RES. 2002-165 - Resolution authorizing the Mayor of the City of San
Bernardino or her designee to execute an agreement with UJIMA/CAL
Works relating to providing training sites at City Parks, Recreation and
Community Services Department locations.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-165 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Suarez.
17. RES. 2002-166 - Resolution of the City of San Bernardino authorizing the
Mayor of the City of San Bernardino or her designee to execute
Amendment No. 4 to the Agreement with San Bernardino City Unified
School District, relating to delivery of lunches and snacks to Delmann
Heights Headstart Center.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-166 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Suarez.
18. RES. 2002-167 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of annual agreements with the
County of San Bernardino to provide equipment and user access into the
National Law Enforcement Telecommunication System (NLETS), the
California Law Enforcement Telecommunications (CLETS), and the
Sheriff's Central Name Index (CNI).
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-167 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Suarez.
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6/17/2002
19. RES. 2002-171 - Resolution of the Mayor and Common Council of the City
of San Bernardino to increase funding for the annual purchase order with
Sudden One-Hour Photo to provide photographic film services within the
Police Identification Bureau.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2002-171 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Suarez.
20. RES. 2002-172 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an amendment to the
Memorandum of Understanding (MOU) with the San Bernardino County
Auto Theft Task Force (SANCATT).
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-172 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Suarez.
21. RES. 2002-168 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of purchase orders to E-W
Truck and Equipment Co. and PSM Truck Equipment for the furnishing
and delivery of one (1) 10 cubic yard, 3 axle 2003 Volvo dump truck to be
utilized by the Public Services Street Division.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-168 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Suarez.
22. RES. 2002-169 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of grant deeds for the sale of
Water Department property located in Devil Canyon known as EBE-68 and
EBE-78.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
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6/17/2002
Resolution No. 2002-169 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Suarez.
23. Authorization to proceed - proposed annexation - three County islands
located generally east of Central Avenue, north of Atlantic Avenue (See
related Agenda Item Nos. 28 and SI, pages 13 and 21 respectively.)
Note: Agenda Item Nos. 23, 28, and SI were considered simultaneously due
to related subject matter.
City Attorney Penman advised that his wife owned a house in one of these
County pockets and referred to the staff report memo dated June 13, 2002,
(Agenda Item S\). Mr. Penman inquired and was subsequently advised by the
Fair Political Practices Commission that he had a direct conflict; therefore, the
Mayor selected Special Counsel Sabo to advise the Mayor and Council.
The Council first took action on Agenda Item No. SI, which ratified the
decision of the Mayor to retain the law firm of Lewis, D'Amato, Brisbois &
Bisgaard to render legal advice on this matter.
Special Counsel Sabo advised that with small island annexations such as this,
there is a procedure which allows for the annexation through an almost
automatic process by LAFCO, without the need for an election and without any
right of protest by the property owners. He then explained the implications of
using this expedited process with regard to the City's Utility Users Tax (UUT)
and advised that these three areas, as proposed, would be annexed without the
UUT applying to them.
Mr. Sabo stated that Agenda Item No. 28 authorized an agreement with
O'Reilly Public Relations to prepare educational information--not promotional
information--in concert with the City Administrator's Office regarding the
annexations, and to determine what issues might be affecting the residents and to
notify the residents of what the City is going to be proposing. The Council
would then be asked to adopt an item similar to Agenda Item No. 23 to take
official action on the annexation and to submit it to LAFCO for the expedited
annexation procedure.
It was Mr. Sabo's recommendation that Agenda Item No. 23 be continued until
O'Reilly Public Relations submitted their report. He also advised that he had
reviewed the proposed agreement with O'Reilly Public Relations, and it needed
a few minor modifications.
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6/17/2002
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that Agenda Item No. 23 be continued
to the Council/Commission meeting of July 15, 2002.
The motion carried by the
Members/Commissioners Estrada,
McCammack. Nays: None. Absent:
following vote: Ayes: Council
Lien, McGinnis, Derry, Anderson,
Council Member/Commissioner Suarez.
24. Waive - Temporary Use Permit Fee - Inland Behavioral and Health
Services, Inc. - $340
Council Member/Commissioner Estrada stated that she felt the Mayor should be
able to approve or disapprove small items such as this--that they did not need to
come before the entire Council for approval. Council Member/Commissioner
McCammack concurred, stating that the Ways and Means Committee had
discussed this very thing and had asked Development Services, through the City
Administrator's Office, under the direction of the Mayor, to develop a format
whereby fees such as this could be automatically waived.
City Administrator Wilson indicated that staff was working on such a procedure,
and it should be ready for Council review within 30 days.
Ms. Estrada suggested that as part of the process there should be a review by
the City Attorney's Office.
Council Member/Commissioner McCarmnack made a motion, seconded by
Council Member/Commissioner Anderson, that the request by Inland Behavioral
and Health Services for a waiver of the Temporary Use Permit fee in the
amount of $340 in connection with their Health Fair, to be held on June 29,
2002, at the Whitney Young Family Health Clinic, be approved.
The motion carried by the
Members/Commissioners Estrada,
McCammack. Nays: None. Absent:
following vote: Ayes: Council
Lien, McGinnis, Derry, Anderson,
Council Member/Commissioner Suarez.
25. RES. 2002-174 - Resolution of the City of San Bernardino approving the
final map for Parcel Map No. 15358, located at the northeast corner of
Highland and Del Rosa Avenue; and authorizing execution of the Parcel
Map Improvement Agreement for the improvements in said subdivision,
with time for performance specified. (Continued from June 3, 2002)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that said resolution be adopted.
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6/17/2002
Resolution No. 2002-174 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Suarez.
26. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing an increase to the annual purchase orders to Matich
Corporation and Vulcan Materials/Cal Mat Division to supply materials for
roadway pavement repairs. (Continued from May 20, 2002)
City Attorney Penman declared a conflict, stating that Matich Corporation had
contributed to his campaign fund.
Council Member Estrada stated she would abstain on this matter, since Matich
Corporation had donated to her campaign fund.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner McGinnis, that the matter be tabled.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Derry, Anderson, McCammack.
Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent:
Council Member/Commissioner Suarez.
27. Discuss & take possible action - choose between two competing
reorganization plans - bankruptcy of Montgomery Ward
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Lien, that the Mayor and Common Council accept the
plan submitted by the creditors' committee, which represents a larger potential
recovery, and reject the plan submitted by General Electric Credit Corporation.
The motion carried by the
Members/Commissioners Estrada,
McCammack. Nays: None. Absent:
following vote: Ayes: Council
Lien, McGinnis, Derry, Anderson,
Council Member/Commissioner Suarez.
28. RES. 2002-173 - Resolution of the City of San Bernardino authorizing an
agreement with O'Reilly Public Relations to provide Community Outreach
Services relating to the annexation of three county islands. (See related
Agenda Item Nos. 23 and SI, pages 11 and 21 respectively.)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted, with minor
modifications to the agreement as recommended by Special Counsel Sabo.
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6/17/2002
The motion carried and Resolution No. 2002-173 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Derry, Anderson, McCammack. Nays: None. Absent: Council
Member/Commissioner Suarez.
29. Approve - recommended preliminary design alternatives - grade separations
at State Street/University Parkway & Hunts Lane with BNSF & UP Rail
Lines
Council Member/Commissioner McGinnis stated he would abstain because his
home is in close proximity to the Hunts Lane grade separation.
Dennis Saylor of San Bernardino Associated Governments (SANBAG) made
preliminary remarks and introduced George Hale of Moffatt & Nichol, who
made a presentation regarding the Hunts Lane project, and William Nascimento
of Lan Engineering, who made a presentation regarding the State
Street/University Parkway project.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the recommended preliminary design
alternative for the State Street (Alternative 4) and Hunts Lane (Alternative 1)
grade separation projects be approved.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, Derry, Anderson, McCarmnack.
Nays: None. Abstentions: Council Member/Commissioner McGinnis.
Absent: Council Member/Commissioner Suarez.
30. Budget workshop - Fiscal Year 2002/03 - discuss & take possible action -
proposed City & EDA budgets
Mayor Valles stated that the City is facing a very tough budget year due to the
current State and Federal budget situations, and it was her understanding that
budgets are going to be very tight not only this year, but for the next two years.
Therefore, the City must plan and be very conservative, addressing only those
issues that are absolute necessities.
She stated that the purpose of today's meeting was to hear from members of the
Council relative to their budget ideas, concerns, questions, additions, etc. She
advised that basically the budget can be divided into three lists: 1)
Commitments that have already been made, 2) Items prioritized to meet the
City's goals, and 3) Items "really nice to have."
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6/17/2002
Submitted into the record was a memorandum from Mayor Valles to Members
of the Common Council dated June 14, 2002, regarding Recommended Program
Change Requests.
The following individuals spoke regarding budget issues:
Frank Montes, 1321 Tejon Avenue, Colton. CA, member of the Perris Hill
Senior Center Advisory Board, spoke regarding the need to expand the senior
center to accommodate the increasing number of users.
Russ Snyder, Chairman of the Perris Hill Senior Center Advisory Board,
advised that the center did not have enough room to carry out its functions, and
there is a need to physically expand the center as quickly as possible.
Chuck Ojeda, 2601 N. Sepulveda Avenue, San Bernardino, CA, member of St.
Bernardine's Church and Inland Congregations United for Change (ICUC),
spoke regarding the city's street lighting needs and the related issue of safety on
the streets; in particular, the safety of senior residents at St. Bernardine Plaza.
Feliciano Ursos, 3041 N. Sierra Way, San Bernardino, CA, coordinator of
community-based after school homework centers, spoke regarding the
continuing need for City support of the home\\ork centers.
Kathy Olguin, 3541 Sage Lane, San Bernardino, CA, reiterated the concerns
regarding street lighting and the after school programs.
Council Member/Commissioner Estrada requested additional information
regarding the proposed budget relative to the street lighting needs in the
downtown area. City Engineer Ray Casey and Director of Development
Services James Funk provided an update on the street lighting needs and
projects in the downtown area and advised that a study of the downtown lighting
needs would be completed in approximately two weeks.
Mayor Valles noted that Mr. Ojeda and Ms. Olguin had also conducted a survey
of the lighting requirements/needs in certain areas of the city and asked them to
provide their findings to Mr. Casey for inclusion in the City's plan.
Council Member/Commissioner McCammack expressed her concerns relative to
the lighting needs in the area between Highland Avenue and 40'h Street, "E"
Street and Waterman Avenue, and what the cost would be to meet the needs in
this area. She advised that she had spoken with Ray Gonzales of Southern
California Edison, who had ideas of very inexpensive ways to pull lighting from
electrical lines in the alleyways to poles on the street to get light where none
presently exists.
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Council Member/Commissioner Anderson commented on the street lighting
needs in the Sixth Ward and assured her constituents that their lighting needs
would be addressed. She also expressed continued support of the after-school
homework centers.
Mayor Valles concurred that lighting is also a safety issue, and safety is a top
priority of the City.
Barbara Pachon, Director of Finance, stated that the current City budget
reserves total $9,829,900. She added that the proposed budget has a shortfall of
$2,233,300. In addition, the Mayor's reconIDlended budget changes would add
another $681,000. If both the shortfall and the Mayor's recommendations are
funded by using the reserve fund, the reserve balance would be down to
$6,915,600; which equates to a 6-7 percent reserve.
Council Member/Commissioner McCammack pointed out that the Council could
not adopt an unbalanced budget. She stated that most of her concerns were
included in the proposed budget and expressed support for giving first
consideration to prior commitments made by the Mayor and Council and the
Mayor's recommended changes.
Council Member/Commissioner McGinnis stated he would like to see salary
upgrades for the Animal Control Department and half of what they need for
computer upgrades approved and set aside, with the other half approved next
year. He also stated he would like to see the 30-hour employee in the
Telecommunications Department made full-time and salary increases for the
part-time Telecommunications employees.
City Administrator Wilson advised that the Animal Control salary adjustment
items had been referred to the Personnel Committee. He stated there was no
doubt that the Animal Control Department needed to be automated, and that
staff had been discussing a way to lease-purchase this equipment in conjunction
with the CAD RMS system, if the Council decides to fund it.
Council Member/Commissioner Estrada stated that she would like to see the
Council/Commission set a floor as to how far they will delve into the reserves
and make a commitment not to go beyond that point. She suggested that the
Council approve using City reserve funds for the shortfall and the Mayor's
recommendations, wait 90 days to see what things look like, and come back and
review the budget in September.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Council approve the
budget as presented by the Mayor, using budget reserves for the shortfall of
$2,233,300 and for the Mayor's recommended list of program change requests
in the amount of $681,000; that the Director of Finance incorporate these
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changes into the budget and bring it back to the budget workshop on June 25,
2002; and that the Mayor and Council revisit budget issues again in September
2002. (Note: The vote was taken following additional discussion.)
Council Member/Commissioner Lien commended the Mayor on the budget she
had first presented to the Council, stating she was very pleased to see that the
City was maintaining its current level of service and even making increases in
those areas that need it most.
Ms. Lien advised that she had a couple of issues she would like to bring
forward. She stated she was glad that last year the Council funded the plans for
the expansion of the Perris Hill Senior Center, and she hoped staff would be
able to find grant funds for this expansion. She added that she did not think the
City could afford to put the center off for another year if grant funds were not
forthcoming; therefore, she would like to add floating a bond for the senior
center, along with the new fire station, if necessary.
Her second concern was the issue of the Environmental Impact Report for the
water project and how the City will fund its half of an EIR, which will amount
to approximately $250,000.
Ms. Lien stated she was also concerned with the street lighting issue. She
pointed out that the dollar amount in the line item for poles and ballasts is less
this year than what the City spent two years ago, yet with the current street
lighting needs, there will inevitably be more requests for street lights.
Council Member Lien also commented on the City's Utility Users Tax (UUT),
stating that when the City developed the formula for reducing the UUT they had
inadvertently omitted those on-going revenues from the State. She stated she
would like to have a utility tax reduction formula in place that the City could
stick with, but when the resolution relative to reducing the UUT was passed, the
Council did not take into consideration that the State would be taking $600,000
from its general fund and another $600,000 from the EDA.
Ms. Lien suggested that the City look at this issue again, so that the Mayor and
Council can commit to cutting the UUT with a plan that is more realistic and
gives the City more credibility with the community.
City Attorney Penman addressed code enforcement issues such as demolitions,
relocation assistance, and sign and vehicle abatements. He advised that
Community Development Block Grant funds can only be used for demolitions,
and the proposed budget this year is $600,000--up from last year's $400,000--
which is a positive. However, rent relocation assistance, which was up to about
$220,000-250,000 several years ago, is down to $100,000 this year.
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Mr. Penman noted that last year the City did not do active code enforcement
closures. However, a committee has now been formed with representatives
from Police, Fire, Public Services, and Code Enforcement to actively pursue
code enforcement closures, and the $100,000 currently proposed will not be
enough. He stated he would like to see this amount brought back to the
$220,000-250,000 level because there is already a list of buildings that need to
be targeted.
Mr. Penman advised that there is a new law going into effect the first of this
year, whereby an ordinance can be adopted that would allow the City to lien
property for relocation assistance--something we have not been able to do prior
to this year--which would create a revenue stream. He stated that the City
Attorney's office would introduce a new ordinance relative to relocation
assistance in the near future.
Mr. Penman pointed out that last year there was $460,000 set aside for
demolition board-ups; this year there is only $110,000 identified for this
purpose. In addition, the $110,000 is not only for board-ups, but for sign and
vehicle abatements also, and it is just not enough. He stated he would like to
see another $350,000 added to the $110,000, which would bring this budget
item back to the $460,000 the City had last year for demolition board-ups, sign
abatement, vehicle abatement, etc.
Council Member/Commissioner McCammack expressed support for salary
adjustments needed in order to keep San Bernardino competitive with other
cities and for a lease-purchase relative to the computers for Animal Control.
She stated that her only concern for the Seventh Ward is the commitment the
Mayor and Council made to keep the soccer field intact.
Ms. McCammack also mentioned the need to be as competitive as possible and
make a concerted effort to fill the City's police vacancies. Also, the need for a
neutering program to lessen the city's pet population.
Council Member/Commissioner Derry stated that he was disappointed with this
year's budget, noting that San Bernardino's Utility Users Tax (UUT) is the
highest in the Inland Empire (8 percent). He stated he would support this
budget; however, if any of the approximately $700,000 pulled out of the City's
budget by the State comes back, he expects a large portion of it to be used to
reduce this tax. He added that although he was not here at the time, the Mayor
and Council made a commitment to reduce the UUT, and even though the
formula wasn't perfect, the Council must be willing to make incremental steps
in reducing this tax.
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6/17/2002
Mayor Valles stated that Mr. Derry was expressing what was on everybody's
mind; however, the City had to really prepare itself, as we do not know what is
going to happen with the State. She stated that the City has been through budget
cuts in the past, and they have been very painful. Also, the City has to be very
mindful of the services that may be cut and be protective of what it has.
The Mayor acknowledged the commitment made by the Mayor and Council to
cut the UUT; however, they really need to look at the formula again and make
sure it is realistic and that all of the components are included, as much as
possible. She stated she wouldn't want the viewing audience to believe for one
minute that this Council was not committed to lowering the utility tax; however,
she also knew that the members of this Council, and certainly this Mayor, have
made a commitment to provide the services to the residents of this community
that have been lacking for so many years.
She concluded by stating that it has to do with planning, it has to do with
paving, it has to do with potholes, it has to do with cleaning it all up; and the
bottom line is that the City has to figure out how it's going to pay for all that.
The motion carried by the
Members/Commissioners Estrada,
McCammack. Nays: None. Absent:
following vote: Ayes: Council
Lien, McGinnis, Derry, Anderson,
Council Member/Commissioner Suarez.
Recess Meeting
At 5:09 p.m., Mayor/Chairman Valles recessed the meeting to 7 p.m. in the Council
Chambers of City Hall.
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 7: 13 p.m., Mayor/Chairman 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. Following roll call, the Mayor and Council proceeded with those agenda
items scheduled for 7 p.m.
Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Valles; Council Members/Commissioners Estrada, Lien, McGinnis,
Derry, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Council Member/Commissioner Suarez.
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R31. Downtown Paid Parking Pilot Program (Continued from June 3, 2002)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that the matter be continued to July
15, 2002.
The motion carried by the
Members/Commissioners Estrada,
McCammack. Nays: None. Absent:
following vote: Ayes: Council
Lien, McGinnis, Derry, Anderson,
Council Member/Commissioner Suarez.
Council Member/Commissioner Estrada requested that staff also provide
information on the proposed parking for the new courthouse and the paid
parking at the corner of Fourth and "D" Streets at the Council/Commission
meeting of July 15.
32. Public Comments
John Stevens, 4097 Pershing Avenue, San Bernardino, CA, spoke regarding
the inherent dangers related to the rail transportation of nuclear waste to Yucca
Mountain. He stated that a final decision on this matter had not yet been made
and urged people to contact their senators and tell them they are opposed to this
plan.
Christal Padilla, 442 West 21" Street, San Bernardino, CA, expressed concern
that the City of San Bernardino had taken a stand against Assembly Bill 680,
stating that it is about smart growth and is exactly what San Bernardino needs.
Mayor Valles disagreed that AB680 was about smart growth and offered to
explain to Ms. Padilla after the meeting her understanding of the proposed bill.
Lola Lee, 1578 W. Gilbert Street, San Bernardino, CA, stated she was a
member of ACORN, Neighborhood Watch, and Loveland. She stated her
concerns were the long-standing problems of drug traffic, speeding, loitering,
and abandoned cars in the 1500 block of Gilbert; but especially the speeding
problem.
Deniece Marshall, 1440 W. Magnolia, San Bernardino, CA, stated that she is a
Sixth Ward resident and requested that something be done about the abandoned
houses around 1325 N. Pico and the vacant lot at 1567 W. Gilbert; and also the
need for speed bumps or stop signs near Roosevelt Elementary School.
Beatrice Griffin, 1573 W. Gilbert Street, San Bernardino, CA, stated that the
vacant lot was right near her house; that there was a lot of dumping on the lot
and drug sales. She also expressed concern about the speeding problems.
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6/17/2002
Steve Nunez, 1632 Massachusetts, San Bernardino, CA, stated that he was a
member of ACORN (Association of COnIDmnity Organizations for Reform
Now). He stated that ACORN wants to be heard and wants acknowledgement
of these problems which have been brought forward-speeding/traffic safety,
drug problems, etc.
Wallace Green, Assistant to the Mayor, stated that he had witnessed these very
activities just a few weeks ago in this area, and Council Member/Commissioner
Anderson also testified about the problems in the area.
City Attorney Penman stated that the vacant lot was where the City had obtained
a court order to bulldoze the property. He stated that the City would start
monitoring Gilbert Street again.
Paul Sanborn, 3559 Genevieve, San Bernardino, CA, spoke regarding why
something is not being done relative to the negative information on the internet
site San Bernardino.com, the lack of irrigation on Mountain View resulting in
dead grass, difficulties experienced by individuals pulling permits, the need for
a raise in the Mayor and Council salaries, and other problems such as cars
parking on lawns, loud noise from boom boxes, etc.
City Attorney Penman stated that the City has no legal authority to pass
ordinances that are binding on the internet; that the City has some of the
strongest ordinances regarding cars parking 011 lawns and noise; and that a City
committee is currently reviewing the Charter, and it is anticipated that the
matter of raises for the Mayor and Council will be brought forward to be placed
on the November ballot, if the Council so chooses.
Emma Jones, 504 Sequoia, San Bernardino, spoke in opposition to the sale of
fireworks in the city of San Bernardino.
S 1. Ratify Mayor's decision to retain the law firm of Lewis, D' Amato, Brisbois
& Bisgaard to render legal advice to the Mayor and Common Council on
the applicability of Proposition 218 to the proposed annexation of three
County islands located generally east of Central Avenue, north of Atlantic
Avenue (Agenda Item #23) and to render legal advice on the proposed
agreement with O'Reilly Public Relations to provide Community Outreach
Services relating to the annexation of three County islands (Agenda Item
#28) - not to exceed $2,500 (See related Agenda Item Nos. 23 and 28, pages
11 and 13 respectively.)
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6/17/2002
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor's decision to retain the
law firm of Lewis, D' Amato, Brisbois & Bisgaard to render legal advice to the
Mayor and Common Council on the applicability of Proposition 218 to the
proposed annexation of three County islands located generally east of Central
Avenue, north of Atlantic Avenue (Agenda Item #23) and to render legal advice
on the proposed agreement with O'Reilly Public Relations to provide
Community Outreach Services relating to the annexation of three County islands
(Agenda Item #28) at a cost to the City of not to exceed $2,500 is hereby
ratified.
The motion carried by the
Members/Commissioners Estrada,
McCammack. Nays: None. Absent:
following vote: Ayes: Council
Lien, McGinnis, Derry, Anderson,
Council Member/Commissioner Suarez.
33. Adjournment
At 9:04 p.m., the meeting was adjourned to 2 p.m., Tuesday, June 25,2002, in
the Council Chambers of City Hall. The next joint regular meeting of the
Mayor and Common Council and Community Development Commission is
scheduled for 8 a.m., Monday, July I, 2002, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
By: i!4~ 8. ~f
Linda E. Hartzel
Deputy City Clerk
No. of Items: 34
No. of Hours: 5.5
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