HomeMy WebLinkAbout02-17-2009 Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Potriek J. Morris
CouncU Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
4" Ward - Vocant
Chos Kelley
Rikke Yon Johnson
We~ Me Cammack
-
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
FEBRUARY 17,2009
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/Chairman Morris at 1:42 p.m., Tuesday, February 17, 2009, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Baxter,
Brinker, Kelley, Johnson, McCammack; City Attorney Penman, Interim
City Manager Weinberg, City Clerk Clark.
Absent:
Council Member/Commissioner Estrada.
Vacant:
Fourth Ward
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
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02/17/2009
Koster v. San Bernardino City Fire Department, et al. - San Bernardino
County Superior Court, Case No. SCVSS 811048;
Frank Inl!;ram, III, et al. v. City of San Bernardino, et al. - United States
Court of Appeals, Case No. 07-56616;
Daves, Edward, as an Ind., et al. v. City of San Bernardino, et al. - San
Bernardino County Superior Court, Case No. CIVSS 815804;
Weisenberl!;er, et al. v. City of San Bernardino - San Bernardino County
Superior Court, Case No. SCVSS 134901;
Lucila Shaver v. City of San Bernardino - San Bernardino County
Superior Court, Case No. CIVSS 800043.
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:
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. California State University
D. Closed Session - personnel - pursuant to Government Code Section
54957:
Chief of Police
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.
Fire Safety Unit
Police Safety Unit
Police Management Unit
Management/Confidential
Mid-Management Unit
General Unit
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02/17/2009
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
~ Street and Meridian Avenue Project
1.
Property Address:
Nel!;otiatinl!; Parties:
Under Nel!;otiation:
2.
Property Address:
Nel!;otiatinl!; Parties:
Under Nel!;otiation:
3.
Property Address:
N el!;otiatinjt Parties:
Under Nel!;otiation:
2624 West 5th Street
APN: 0142-522-25
Emil A. Marzullo, Interim Executive
Director, on behalf of the
Redevelopment Agency, and the
principal agent for Downey Savings
& Loan.
Purchase price, loan terms and
conditions.
2643 West 5th Street
APN: 0142-522-12
Emil A. Marzullo, Interim Executive
Director, on behalf of the
Redevelopment Agency, and the
principal agent for Bank of NY
Mellon.
Purchase price, loan terms and
conditions.
2657 West 5th Street
APN: 0142-522-11
Emil A. Marzullo, Interim Executive
Director, on behalf of the
Redevelopment Agency, and the
principal agent for Soundview
Financial Group.
Purchase price, loan terms and
conditions.
Following closed session, City Attorney Penman announced that the following
additional items were discussed in closed session:
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02/17/2009
San Bernardino City Professional Firefil!;hters, Local 891 v. City of San
Bernardino; San Bernardino Fire Department, et al. - San Bernardino
Superior Court Case No. CIVSS 807685;
Under Agenda Item No. IB, significant exposure to litigation, the Council voted
to retain Attorney Jim Odlnm in a potential lawsuit involving furloughs:
San Bernardino Police Officers Association v. City of San Bernardino.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Moment of Silence
Mayor Morris extended condolences to the family and requested a moment of silence in
memory of Guillermo "Lupe" Gutierrez.
Invocation/Pledge of Allegiance
The invocation was given by Sister Mary Frances Coleman of the Diocese of San
Bernardino. The pledge of allegiance was led by Council Member/Commissioner
Baxter.
2. Appointments
There were no commission appointments.
3. Presentations
Council Member/Commission Baxter presented the Citizen of the Month award to
Robert Rego.
Mayor/Chairman Morris presented the Student of the Month Award to Daniel
Ortiz, an 8th grade student at Curtis Middle School.
The following individual was presented a service pin award by Mayor/Chairman
Morris in recognition of his many years of dedicated service to the City:
Name
Anthony Zamora
Department
Fire
Years of Service
25
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02/17/2009
4. Announcements
Announcements were made by the Mayor, members of the 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 Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived. The motion carried
unanimously with Estrada absent and the Fourth Ward vacant.
6. Council Minutes
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the minutes of the following
meeting(s) of the Mayor and Common Council/Community Development
Commission of the City of San Bernardino be approved as submitted in
typewritten form: January 20, 2009. The motion carried unanimously with
Estrada absent and the Fourth Ward vacant.
7. Claims & Payroll
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated February 3, 2009, from
Barbara Pachon, Director of Finance, be approved. The motion carried
unanimously with Estrada absent and the Fourth Ward vacant.
8. Personnel Actions
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the personnel actions, as submitted
by the Chief Examiner, dated February 11, 2009, 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
unanimously with Estrada absent and the Fourth Ward vacant.
9. Authorize the Director of Development Services to execute Contract Change
Order No. One with KaIban, Inc. for the construction of ADA access and
sidewalks at various locations (SS-B 2007-08), per Project Plan No. 12295
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02/17/2009
Paul Sanborn, 3559 Genevieve, San Bernardino, CA, spoke in support of the
project.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the Director of Development
Services be authorized to execute Contract Change Order No. One with Kalban,
Inc. for the construction of ADA access and sidewalks at various locations (SS-B
2007-08), per Project Plan No. 12295. The motion carried unanimously with
Estrada absent and the Fourth Ward vacant.
10. Authorize the Director of Development Services to execute Contract Change
Order No. Two with Hillcrest Contracting, Inc. for Street Improvements and
Beautification Project on Victoria Avenue from 28th Street to Lynwood Drive
(SS05-25), per Project Plan No. 11619
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services be
authorized to execute Change Order No. Two with Hillcrest Contracting, Inc. in
the amount of $359,557.32 for Street Improvements and Beautification Project on
Victoria Avenue from 28th Street to Lynwood Drive (SS05-25), per Project Plan
No. 11619. The motion carried unanimously with Estrada absent and the
Fourth Ward vacant.
11. RES. 2009-26 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving State Street Overhead Lighting Agreement with
the County of San Bernardino for maintenance of additional lights for the
University Parkway Grade Separation Project (CIP SS04-52).
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-26 was adopted unanimously with Estrada absent and the Fourth Ward
vacant.
12. RES. 2009-31 - Resolution of the City of San Bernardino approving
Amendment No. 4 to Services Agreement with Jones & Stokes for provision
of professional environmental services for the design of the Mt. Vernon Ave.
Viaduct over the BNSF Railroad.
Paul Sanborn, 3559 Genevieve, San Bernardino, CA, stated that the City should
try to get money from the Federal Government to cover the costs of repairing the
bridge.
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02/17/2009
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-31 was adopted ummimously with Estrada absent and the Fourth Ward
vacant.
13. RES. 2009-27 - Resolution of the Mayor and Common Council of the City of
San Bernardino to authorize execution of Amendment No.1 to the Vendor
Services Agreement with All City Management Services to provide crossing
guard services at Victoria Elementary School in the City of San Bernardino.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; and that the
Finance Director be authorized to transfer funds from Account No. 001-217-5014
(Part-time Salaries) to Account No. 001-217-5505 (Other Professional Services)
to pay for the services rendered. The motion carried and Resolution No. 2009-
27 was adopted unanimously with Estrada absent and the Fourth Ward
vacant.
14. RES. 2009-32 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement and increase to
Purchase Order Number 209512 by $66,700 to Matich Corporation for the
purchase of asphalt materials for street repairs.
City Attorney Penman declared a conflict due to the fact that he has received
campaign contributions from Matich Corporation.
Paul Sanborn, 3559 Genevieve, San Bernardino, CA, offered to show the City's
street crews the correct way to repair potholes.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-32 was adopted unanimously with Estrada absent and the Fourth Ward
vacant.
15. RES. 2009-28 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a new agreement and issnance of
a new purchase order in the amount of $100,000 to Tree Elements,
Incorporated for additional tree trimming services.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Finance be authorized to
amend the FY 2008/09 Adopted Capital Improvements Program Budget and
transfer $100,000 from Account No. 129-367-5504-7541 (Del RosalLynwood
Dr.lSterling Ave.) to Account No. 129-367-5502-XXXX (Miscellaneous Street
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02/17/2009
Tree Trimming); and that said resolution be adopted. The motion carried and
Resolution No. 2009-28 was adopted unanimously with Estrada absent and
the Fourth Ward vacant.
16. RES. 2009-29 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement and issuance of a
purchase order in the amount of $81,300 to Geo-Cal Incorporated of San
Bernardino for the purchase and installation of a vapor recovery system for
the City's gasoline fuel island as required by AQMD Rule 461.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-29 was adopted unanimously with Estrada absent and the Fourth Ward
vacant.
17. Appeal hearing regarding the City Clerk's determination of ineligibility for
San Bernardino High School to operate a fireworks stand in 2009
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of March 2, 2009. The motion carried unanimously with
Estrada absent and the Fourth Ward vacant.
18. Budget Workshop (Continued from February 2, 2(09)
The following documents were distributed:
· Interoffice memo dated February 17, 2009, from Mark F. Weinberg,
Interim City Manger, to the Mayor and Common Council regarding
Update to Exhibit 1 - City Manager's Budget Strategy;
. City Manager's Modified Budget Strategy - Exhibit 1
· The Budget Challenge: City of San Bernardino (hard copy of the
PowerPoint presentation made at the beginning of the meeting by Mark
Weinberg, Interim City Manager)
· Interoffice memo dated February 13, 2009, from Jamie J. Cimino,
Administrative Analyst, to James F. Penman, City Attorney regarding
Administrative Civil Penalties' Citation Totals;
· Interoffice memo dated February 17, 2009, from James F. Penman, City
Attorney, to the Mayor and Common Council concerning Opinion Re
Borrowing from Enterprise Funds.
Interim City Manager Weinberg addressed Council Member/Commissioner
Kelley's suggestion that they start to look at a more robust strategic plan for
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02/1712000
restoring the City's fiscal health over the long term by looking at a variety of
strategies including divesting the City of some assets that could be helpful in
strengthening the reserve.
City Attorney Penman stated that he was concerned that Section 186 of the City's
Charter precluded the City from imposing furloughs on the Police Department.
He stated that his office was researching the issue and would get a second opinion
from Jim Odlnm. He advised that the Police Union had made a threat that if the
furloughs were employed they would seek a court order; therefore he advised the
Council to wait until they have had an opportunity to hear Mr. Odium's
assessment of the likelihood of success or failure if this matter is challenged.
David Kennedy, City Treasurer, stated that every day the City is in operation, it
is spending more money than it is taking in-$1.5 million per month or $50,000
per day. He encouraged the Mayor and Council to reach a decision soon.
Cheryl Brown, San Bernardino, CA, stated that the City needs help from
employees to bolster the City's tax base.
Betty Jean Long, 854 N. Lugo Avenue, San Bernardino, CA, spoke against the
proposed closure of the Fifth Street Senior Center, the Center for Individual
Development (CID), and the proposed cuts in the Police and Fire Departments.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that the proposed
cuts in the Police Department should equal the proposed cuts in Parks, Recreation
& Community Services. He stated that if the City shuts down the parks he has no
doubt the youth in this community will find other forms of recreation such as
gangs and drugs.
C. Patience Summers, 868 E. Rialto Avenue, San Bernardino, CA, spoke in
opposition to the proposed cuts in the police department and the proposed closure
of the community centers.
Mayra Ferrer, 9154 Locust Avenue, Fontana, CA, spoke in opposition to the
proposed closure of the Nicholson Community Center.
Adriel Guitron, 25866 Puma10 Street, San Bernardino, CA, spoke in opposition
to the proposed closure of the Galaxy/Norton Recreation Center.
Angela Saunders, P. O. Box 523, Norco, CA, President of the Friends of
Dorothy Inghram Library, submitted a petition containing over 1,700 siguatures
requesting that the Mayor and Common Council continue funding the libraries
and that they not consider even a temporary closure of the branch libraries.
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02/17/2009
Phil Yeh, P. O. Box 750, San Bernardino, CA, presented a proposal to bring
national attention to the City of San Bernardino by promoting icons like Dorothy
Inghram in order to raise money to keep the libraries open.
Celestine Rayford, 2554 W. Poplar Street, San Bernardino, CA, spoke in
opposition to the closure of the Dorothy Inghram Library and the Westside
Community Center.
David McCammack, 634 E. Parkdale Drive, San Bernardino, CA, spoke in
opposition to the closure of the libraries.
Samuel William~, 1930 W. College Avenue, #86, San Bernardino, CA, asked
that all recreation centers and branch libraries remain open, especially the
Dorothy Inghram Branch Library.
Alex Avila, P. O. Box 2051, San Bernardino, CA, stated that the proposed
budget is wrong and will hurt a lot of people.
Jerry Zuniga, Refuse Division employee, stated that he didn't get a pink slip, but
his wife did. He commented that he has worked for the City for over 20 years
and he has seen a lot of things that have been going on for years that could be
changed.
Debbi Matley, 380 W. 17th, San Bernardino, CA, stated that she has concerns
with the City's budget. She wanted to know what happened to the Measure Z
funds, and asked why the City did not renew the contract with Los Padrinos.
Joe Arnett, 1681 Echo, San Bernardino, CA, spoke regarding his candidacy for
the Fourth Ward Council seat.
John Valdivia, 4533 Genevieve Lane, San Bernardino, CA, spoke regarding his
candidacy for the Fourth Ward Council seat.
Charles Greenwood, a Refuse Division employee, spoke in opposition to the
proposed cuts in the Refuse and Police Departments.
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02/17/2fXY)
The following individuals spoke in opposition to the proposed budget cuts in
the Police Department:
Paul W. Sanborn, 3559 Genevieve, San Bernardino, CA;
Steve Turner, 1299 N. "E" Street, San Bernardino, CA;
David Green, 1299 N. "E" Street, San Bernardino, CA;
Marci Atkins, 710 North "D" Street, San Bernardino, CA,
William Spiller, 710 N. "D" Street, San Bernardino, CA;
Shauna Bragg, 710 N. "D" Street, San Bernardino, CA;
Mike Reynolds, SBPOA, San Bernardino, CA;
Richard Everett, 710 N. "D" Street, San Bernardino, CA;
Joshua Cogswell, 710 N. "D" Street, San Bernardino, CA,
Raul Sandoval, 3311 Sepulveda Avenue, San Bernardino, CA.
The following individuals spoke in opposition to the proposed closure of the
CID:
Tamara Hattis, 1233 Friar Lane, Redlands, CA;
Trndi Moe Roser, 18739 Mojave Street, Hesperia, CA;
Fannie Lang Sanders, 26125 23rd Street, Highland, CA;
Jackie Wolff, 1434 Colorado, San Bernardino, CA;
Slim Callahan, 3734 Pacific, #38, San Bernardino, CA;
Janelle Smith, P.O. Box 6042, Crestline, CA;
Delphine Gardner, 2011 Arden Avenue, #112, Highland, CA;
J. J. LaBroek, 28577 Village Lakes Road, Highland, CA;
Tim Sipchen, 1788 Belmont Lane, San Bernardino, CA;
James R. VanHoose, Sr., 3569 Eucalyptus Avenue, Riverside, CA;
Nancy Barrett, 3015 N. Pershing Avenue, San Bernardino, CA;
Mike F. Brophy, 465 Edgerton Drive, San Bernardino, CA;
Jeani Horney, 1047 Chestnut, Redlands, CA;
Sara Jimenez, 7747 Grape Street, Highland, CA;
Virginia Hernandez, 1705 Rhone Avenue, Highland, CA;
Roger Henderson, 2516 Valencia, San Bernardino, CA.
The following individuals spoke in opposition to the proposed closure of the
Fifth Street Senior Center:
Tom Kutschenreuter, 560 N. "F" Street, Apt. 121, San Bernardino, CA;
Anna J. Lewis, 560 N. "F" Street, San Bernardino, CA.
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02/17/2009
The following individuals spoke in opposition to the proposed cuts in the
Parks, Recreation & Community Services Department:
Steve Rouchleau, 5965 Newcomb Street, San Bernardino, CA;
Carla Velarde, 7057 Perris Hill Road, San Bernardino, CA;
Mike Gomez, 3455 Arrowhead Avenue, San Bernardino, CA;
Robert S. Barnard, 265 E. HigWand Avenue, San Bernardino, CA;
Larry Monk, 25562 Walker, San Bernardino, CA.
The following individuals spoke in opposition to the proposed cuts in the
Public Services Department:
Stephan Johns, 2185 W. College Avenue, #3061, San Bernardino, CA;
Jack Banuelos, 6106 Layton Street, Alta Lorna, CA;
Jack McPherson, 2581 Del Norte Drive, Highland, CA.
City Attorney Penman stated that it was his understanding that the Friends of the
CID offered to give the City $112,000 for the next 12 months if they would retain
Ken Joswiak as CID Manager.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the Mid-Year Budget Report be
received and filed. The motion carried unanimously with Estrada absent and
the Fourth Ward vacant.
Council Member/Commissioner McCammack stated that there's about $258,000
of unspent CDBG money. She stated that everyone had received all the memos
that discussed what CDBG money could be spent on, and the CID was one of
them. She stated that she hoped they could attempt to solve the budget shortfall
for FY 2008/09 with a combination of ideas, and that cutting six positions for FY
2009/10 may not be the smartest thing they could do. She stated that she felt they
should talk about some of the proposals in the 2008/09 recommendation as she
was not prepared to support it in full, and she was absolutely not prepared to vote
on furloughs for public safety personnel. Ms. McCammack stated that she
believed there were other revenue sources that could be calculated into the budget
such as sales tax and Vehicle License Fees (VLF).
Assistant City Manager Sassoon stated that there would be no benefit to the cities
whatsoever by the State's increase to their portion of the sales tax, and the VLF
increase would not accrue back to the City-it's strictly a benefit to the State.
Council Member/Commissioner McCammack stated that it was an unknown
revenue to the City of San Bernardino, just like information received by
Congressman Baca that there's money in his district for police, and the City of
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02/17/2009
San Bernardino is 30 percent of his district. She stated that the City has not
contemplated all the other funds that exist. She stated that according to Barbara
Pachon the City has $110 million sitting in mostly restricted funds in addition to
the reserves.
Councilwoman McCammack stated that she didn't think they were going to act on
2009110 layoffs right now, and hoped they could push back any decisions relative
to layoffs for 30 days.
Interim City Manager Weinberg stated that if this is delayed for 30 days, they
would need an additional $1.5 million in terms of cash that they would have to
make up.
Councilwoman McCammack stated that she was not denying that the City is in
financial crisis, but it is far from being insolvent. She remarked that the City has
$3 million in unspent tax increment that's sitting in the bank that could be used
for some of the things they're using general fund money for.
Council Member/Commissioner Brinker spoke about municipal finance and fund
accounting and referred to the contract with Los Padrinos, which actually reduced
the impact on the general fund.
Mr. Weinberg stated that the difference between conventional personal finances
and most business finances is that government has a fund accounting system and
in the State of California the general fund is what they refer to most often because
it is also referred to as their discretionary fund. He stated that it's where most of
the fees and taxes go, and it provides the fInancing to support the essential core
services for government including the Fire Department, Police services, libraries,
and parks, and those are almost entirely funded by the general fund. However,
there are several funds created at the State level that are statutory in nature such
as sewer funds, trust funds, grant funds, etc., and those funds have statutory
restrictions, and although you might be able to do inter-fund transfers in the case
of an emergency, you typically can't borrow from those funds to pay for ongoing
operations in your general fund. Also, because the general fund oftentimes
supports many of the activities that are undertaken by special fund programs, in
many cases you can charge a portion of your general fund expenses to special
funds and to enterprise funds.
Mr. Weinberg stated that he has talked with the City Attorney's office about how
they might be able to charge some of the special funds for some of the legal
services he provides through his office, which speaks to Councilwoman
McCammack's comment that there could be some other areas, but they have
examined this for years and have charged just about everything they could. He
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02/17/2009
stated that the problem is that if you go too far, your audits will discover it and
you'll have to pay it back.
Council Member/Commissioner McCammack stated that according to the City's
Charter, the refuse fund is not restricted like that.
City Attorney Penman stated that the refuse and sewer funds are not restricted,
and he pointed out that the sewer fund has an $18 million reserve.
Mr. Weinberg stated that given that the City is 60 square miles, he believes there
is well in excess of $18 million of necessary repairs and replacement of sewers.
Mr. Weinberg stated that if they didn't take action tonight, the City would just be
digging itself into a deeper hole. He stated that he didn't know of anything that
couldn't be reversed in the course of the next 30 days if anything were to change
dramatically. He stated that employees have opportunities to reinstate; however,
many of the positions slated for layoff won't take effect until July 1, so there's a
built-in cushion if it didn't work. Mr. Weinberg stated that the most important
component is the 10 percent give-back from the employee groups, and all groups,
with the exception of fIre management with whom they have an agreement that's
nearly eminent, and the Police Officers' Association, have agreed to participate.
The problem with forestalling his recommendation for furloughs is that this year
the loss would be about $650,000 between now and June 30, and if they cannot
get either an agreement with the POA or furloughs, the loss next year would be a
little over $2.6 million.
Council Member/Commissioner Kelley asked Interim City Manager Weinberg to
explain restricted and unrestricted funds.
Mr. Weinberg responded by stating that anything other than the general fund
could be considered restricted, but that depended on the specific fund. He stated
that all conventional wisdom is vigorously opposed to using special funds or
enterprise funds for anything other than short term cash flow crises and to invest
in income streams that will be recurring.
Mayor/Chairman Morris stated that prohibitions were passed in Propositions 13,
62, and 218 that make it very clear that using funds that were generated for the
purposes of service for general fund uses may be a violation of law.
City Attorney Penman stated that Sr. Assistant City Attorney Wilson had
explained in a memo how the City could do that very carefully to avoid that
Proposition 218 trap, and he pointed out two ways the City could do that without
getting caught.
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02/17/2000
Council Member/Commissioner Kelley asked Mr. Weinberg to educate them on
the term "unknown revenue."
Mr. Weinberg responded by stating that he assnmed it was potential revenue that
was yet to be identified.
Council Member/Commissioner Kelley stated that when Councilman Derry was
here, the Legislative Review Committee had a concern regarding the $1,000 fines
for fireworks and they explored that option for quite some time. He stated that in
some way, per staff recommendation, it morphed into the Administrative Civil
Penalties process at $1,000 per violation, and he stated that it was unfortunate
that those dollars weren't coming in.
Mr. Kelley stated that the City must start thinking long term about its assets and
what they need to do to generate money. They must explore opportunities to help
support and fund the Parks Department, which in turn frees up more money in the
general fund. They must explore options of putting solar panels on top of the
City Hall building, fire stations, community centers, and restroom facilities.
Council Member/Commissioner Brinker stated that the short-term problem is that
they have to save or cut $9 million in the next four months. He stated that they
are dealing with that first step by using close to $5 million of the $8 million
reserve, and then they have to make up the other $4 million of the $9 million over
four months. Councilman Brinker stated that 75 percent of the City's budget is
salaries, which is what makes this so difficult. He stated that they really don't
have a lot of good options for the short-term problem, but the long-term problem
presents them with some better opportunities. He stated that one of the ideas that
was suggested, and the one he wanted to talk about for the long-term issue, was
libraries. He stated that he had met with the Library Board and had conversations
with them about what could be done to make libraries better and to give them a
safe funding mechanism. He stated that he believed that if they go to the
community with a library bond measure or tax, it would help run libraries the
way they need to be run and would remove them from the general fund, which
would free up millions of dollars that could then be used for other programs.
Interim City Manager Weinberg stated that with respect to the side letters with the
labor groups that have agreed to enter into the 10 percent giveback, language was
included in the resolutions that would force the Council to restore full
compensation packages before restoring other non-essential program services in
the event the City were to receive funding that did not contain restrictions on how
the money was spent. He stated that they brought the number of layoffs down to
55, and he felt that nnmber would decrease before July 1, but that it was
dependent upon the wage and benefit concessions from all employee groups.
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02/17/2009
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the City Manager's Modified Budget
Strategy (Exhibit 1 and the Attachments) be approved; and that the Director of
Finance be authorized to amend the FY 2008/09 budget and prepare the
preliminary FY 2009/10 budget to implement these measures. (Note: The vote
was taken foUowing further discussion.)
City Attorney Penman suggested that the Council continue this meeting one week
to Monday, February 23, 2009, after the meeting between the Interim City
Manager and the POA is held.
Council Member/Commissioner Johnson suggested that the meeting be continued
to Thursday, February 19,2009, at 5 p.m.
Interim City Manager Weinberg requested that the Council approve the list of
recommendations subject to postponing the imposition of furloughs until such
time as they have had an opportunity to try and negotiate a voluntary agreement
with the Police Department. He stated that if the POA and City staff can't come
to an agreement, then they would come back and he would have to ask for
furloughs.
Council Member/Commissioner Baxter amended his original motion, seconded by
Council Member/Commissioner Brinker, that the City Manager's Modified
Budget Strategy (Exhibit 1 and the Attachments) be approved; that the Director of
Finance be authorized to amend the FY 2008/09 budget and prepare the
preliminary FY 2009/10 budget to implement these measures; and that the motion
authorizing the City Manager and the Director of HUlllan Resources to proceed
with imposing furloughs on police sworn personnel be continued to the Council/
Commission meeting of Thursday, February 19, 2009, at 5 p.m. The motion
carried. Ayes: Baxter, Brinker, KeUey, Johnson. Nays: McCammack.
Absent: Estrada. Vacant: Fourth Ward.
RES. 2009-33 - Resolution of the City of San Bernardino approving a side
letter to Resolution No. 2005-75 for Full-Time, Non-Safety, General Unit
employees, amending the current language in Article m, Compensation,
Section 1, Salaries and Article VII, General Provisions, Section 4,
Memorandum of Understanding. (18A)
RES. 2009-34 - Resolution of the City of San Bernardino approving a side
letter to Resolution No. 2007-343 for Full-Time, Non-Safety, Middle
Management Unit employees, amending the current language in Article III,
Compensation, Section 1, Wages and Article VII, General Provisions, Section
4, Term of Memorandum of Understanding. (18B)
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02/17/2009
RES. 2009-35 - Resolution of the Mayor and Common Council of the City of
San Bernardino amending Resolution No. 2007-345, Section 2, B,
Compensation; Section 2, Q, Vacation Leave; and Section 2, Y, Holidays,
between the City and Management/Confidential Non-Safety employees.
(18C)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolutions 18A, 18B, and 18C be
adopted; and that the City Manager be authorized to implement a 36-hour reduced
work week and commensurate Friday closure of City Hall beginning March 1,
2009. The motion carried and Resolution Nos. 2009-33, 2009-34 and 2009-35
were adopted. Ayes: Baxter, Brinker, Kelley, Johnson. Nays:
McCammack. Absent: Estrada. Vacant: Fourth Ward.
18D. Discuss and take possible action on alternative opportunities/proposals to
prevent drastic reductions to public safety and other critical City services
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of February 19, 2009. The motion carried unanimously
with Estrada absent and the Fourth Ward vacant.
COMMUNITY DEVELOPMENT COMMISSION
R19. Master Cooperative Agreement for the sbX Bus Rapid Transit Project by
Omnitrans
Resolution of the Mayor and Common Council of the City of San Bernardino
approving and authorizing the City Manager to execute a Master Cooperative
Agreement by and between the City and Omnitrans (sbX Bus Rapid Transit
~. ~~
Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Interim Executive Director of the
Redevelopment Agency of the City of San Bernardino to execute a Master
Cooperative Agreement by and between the Agency and Omnitrans (sbX Bus
Rapid Transit Project) (R19B)
Note: No resolutions were distributed with the backup material.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of March 2, 2009. The motion carried lInllnimously with
Estrada absent and the Fourth Ward vacant.
17
02/17/2009
PLANNING ITEMS
20. Appeal hearing - Conditional Use Permit No. 07-25 <Appeal No. 08-06) -
Appeal of the plAnning Commission's denial of a Conditional Use Permit to
construct a 1,893 square foot drive-thru restaurant and 3,440 square foot
retail building on a 29,537 square foot parcel located at the southeast comer
of Waterman Avenue and 29th Street in the CG-l, Commercial General land
use district. (Continued from February 2, 2009)
The hearing remained open.
Terri Ra1thal, Development Services Deputy Director/City Planner, stated that the
PlaID1ing Commission recently denied a request for a conditional use permit to
establish a multi-tenant retail building and a drive-thm restaurant at the southeast
corner of 29th Street and Waterman Avenue.
Ms. Ra1thal stated that the project site is currently vacant, but was previously
occupied by a full-service gasoline station (Chevron) and a restaurant. The
Planning Commission denied the application to redevelop this site on a split vote
of 3-2, and they primarily cited concerns about the intensity of the proposed
development, especially related to traffic. She stated that there were property
owners in the surrounding area who came to testify about traffic problems that
exist in the area, and they anticipate those traffic problems would worsen with the
development of the project.
Ms. Ra1thal stated that additional materials had been distributed before today' s
hearing for the Council's review that consisted of letters from the property
owner, the project traffic engineer, and the project architect that were meant to
address concerns that were brought up by the PlaID1ing Commission and the
public. She stated that the letter dated February 12, 2009, from the property
owner explained the history of the project site and the rationale for the proposal
that was before the Council today.
Ms. Ra1thal stated that with regard to the traffic issue, the letter dated February
12,2009, from Kunzman Associates addressed the concerns that have been raised
by summarizing some of the conclusions in the project traffic study and also by
focusing on the comparison of the proposed project and its traffic impacts to the
previous conditions on the project site, and it demonstrates that the proposed
development would generate less traffic than the previous project. Also, it brings
out an analysis of previous traffic collisions in the area and elements of the site
design that would either eliminate or lessen the potential for similar traffic
collisions in the future.
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02/17/2009
Lastly, Ms. Rahhal stated that the letter dated February 12, 2009, from John
DeFrenza, the project architect, discussed alternative layouts that were considered
for this site during the planning phase and addressed some of the Planning
Commission's concerns about on-site circulation and the capacity of the project
site for the development, and it included some illustrations of an easement
affecting the project site, driveway locations, and the ability to design a drive-thm
restaurant with the correct traffic flow that resulted in the site plan as proposed.
Ms. Rahhal stated that two alternative motions were provided in the staff report,
and after hearing testimony from the public and the applicants, if it was the
Council's decision to deny the appeal and uphold the Planning Commission's
action, staff requested that the Council continue the item to the next meeting so
they could come back with fmdings. She stated that if it was the Council's
decision to overturn the Planning Commission's action and grant this appeal, they
could base that decision on the findings contained in the Planning Commission
staff report.
Pursuant to Resolution No. 2000-279, City Clerk Clark admini..tered an oath
to the following individuals, who spoke in support of the project, that they
would provide true and honest testimony:
John DeFrenza, Architect, 2900 Bristol, Bldg. A, Suite 203, Costa Mesa,
CA;
Carl Ballard, Principal Associate with Kunzman Associates, 1111 Town &
Country Road, Suite 34, Orange, CA; and
Jeff Segal, property owner, 1211 Georgina Avenue, Santa Monica, CA.
Jim Mulvihill, 407 W. 25th Street, San Bernardino, CA, stated that the Planning
Commission considered this item on two separate occasions. He stated that the
first time they asked for a traffic study of the northbound lane of Waterman
A venue at the entrance to the 1-210 Freeway. He stated that this intersection is
heavily impacted, especially during rush hours in the morning and afternoon
when there is a backup beyond Country Club Lane that often meets up with 28th
Street. Mr. Mulvihill stated that when the discussion came to the fast food drive-
thm restaurant they asked for a traffic study, and after review and examination of
the conclusions they recommended denial. He stated that fast food drive-thm
restaurants are fme, but not at this location because the land use is too intense.
Mr. Mulvihill stated that the traffic study ignored the two busiest days of the
week-Mondays and Fridays. He stated that on Fridays at least 10,000 cars are
heading northward into the mountains, and on Mondays those same 10,000 cars
are returning to the City.
Robert Eisenbeisz, City Engineer, stated that in looking at restaurants and the
traffic they generate, there isn't a big difference between a restaurant with a
19
02/17/2fXY}
drive-thru and a restaurant without a drive-thru. However, the type of restaurant
it is makes a big difference; for example, if it is an "In-n-Out" burger it would
probably generate a lot more traffic. He stated that they don't have the ability to
predict how much traffic there is so they use "trip generation," which is a
publication put out by the Institute of Traffic Engineers.
Mr. Eisenbeisz stated that with a drive-thru you get a lot more "pass-by" traffic,
and when you're looking at traffic impacts you really want to look at how much
new traffic the use is actually generating/ creating on the roadways. If it has a
high pass-by percentage it means that it is not generating a lot of new traffic and
is just pulling existing traffic out of the stream to get those services so it tends to
be a low nnmber. When you talk about the comparison of restaurants with and
without a drive-thru, there is a slightly higher rate for an actual sit-down
restaurant, but you're going to have less of a pass-by rate. Mr. Eisenbeisz stated
that in the long run, it's questionable whether there's really much of a difference
between the two.
Mr. Eisenbeisz stated that they also looked at what's causing the congestion in
that area and they found that it's not the use on this site that's creating the
congestion, it's actually the Caltrans interchange ramps for the 1-210 Freeway,
and that's a situation that's beyond the property owner's control. He stated that
they want to look at ways to improve the operation knowing that they have this
condition that exists a couple hours every day, mainly in the evening. Some of
the things that have been proposed are things they will have to do regardless of
the project; however, some of these things would be implemented as part of the
project.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the hearing be closed; and that the
Mayor and Common Council overturn the action of the Planning Commission,
grant Appeal No. 08-06 and approve Conditional Use Permit No. 07-25 based on
the Findings of Fact and subject to the Conditions of Approval and Standard
Requirements in the September 16, 2008 Planning Commission Staff Report.
The motion carried unanimously with Estrada absent and the Fourth Ward
vacant.
21. RES. 2009-30 - Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to Matich Corporation for precise
grading improvements (SS 07-32), Plan No. 12325; Street Improvements (SS
07-32 & SS 04-34), Storm Drain Improvements (SD 08-01) & Traffic Signal
Improvements (TC 08-01), Plan No. 12326 and City of San Bernardino
Municipal Water Department Water Improvement - Metrolink Parking
Structure, Plan No. 12576 for the realignment of Viaduct Blvd. between 2nd
Street and 3rd Street.
20
02/17/2009
City Attorney Penman declared a conflict due to the fact that he has received
campaign contributions from Matich Corporation. He stated that the resolution
had been reviewed and approved by Tim Sabo.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that this item be moved to the consent
calendar. The motion carried unanimously with Estrada absent and the
Fourth Ward vacant.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Finance be authorized to
amend the FY 2008/09 budget by transferring $42,771 from Account No. 258-
359-5504-7741, "SS 07-32 Realignment of Viaduct Boulevard," to Account No.
258-359-5504-7740, "TC 08-01 Install Traffic Signal at Realigned Viaduct
Boulevard and 2nd Street"; and that the Director of Finance be authorized to
amend the FY 2008/09 budget by transferring $90,482 from Account No. 258-
359-5504-7741, "SS 07-32 Realignment of Viaduct Boulevard," to Account No.
258-359-5504-7769, "SD 08-01 Viaduct Boulevard-Realign Existing Storm
Drain"; and that said resolution be adopted. The motion carried and Resolution
No. 2009-30 was adopted unanimously with Estrada absent and the Fourth
Ward vacant.
22. Public Comments
C. Patience Summers, 868 E. Rialto Avenue, San Bernardino, CA, suggested
that the City take the money that's being wasted on the Operation Phoenix raids
and use it to fund one or two police officers.
Betty Jean Long, 854 N. Lugo Avenue, San Bernardino, CA, expressed concern
with Interim City Manager Weinberg's proposal to cut the City's Police
Department, the Center for Individual Development (CID), and the libraries.
Mrs. Blackstone, 2839 N. Stoddard Avenue, San Bernardino, CA, applauded
both the Police and Fire Departments for responding quickly to emergencies
within the City.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, submitted a document
into the record and spoke regarding the bankruptcy of the county and the state,
and stated that we need to clean up the City and rebuild its industrial base.
Charles Greenwood, a Refuse Division employee, stated that the Council
members work for the people and that's how democracy works.
21
02/17/2009
Cheryl Brown, stated that a luncheon would be held at the Hilton Hotel on
March 3 to give interfaith leaders in the City and the Inland Empire a chance to
speak on stewardship of this earth. She asked that interested faith leaders call
951-682-6070 to register. Ms. Brown thanked the Green Valley Initiative,
Claremont School of Theology, The Black Voice News, the Sun, the Daily
Bulletin, and the Press Enterprise. She stated that their wish was that April 17-19
be proclaimed "Green Faith Days" in the Inland Empire.
Rev. Reggie Beamon, 1730 W. Gilbert Street, San Bernardino, CA, stated that
Congressman Baca asked him to tell the City that help is on the way for the
Police Department and to put any layoffs on hold. He stated that the City needs
to find a way to get money for the PAL Program.
23. Adjournment
At 9:55 p.m., the meeting adjourned to Thursday, February 19, 2009, at 5 p.m.,
in the Council Chambers of City Hall, to continue budget discussions. The next
joint regular meeting is scheduled for 1:30 p.m., Monday, March 2,2009.
RACHEL G. CLARK
City Clerk
BY~M/~AMt/
Linda Sutherland
Deputy City Clerk
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02/17/2009