HomeMy WebLinkAbout06-30-2003 Jt Adj Reg Mtg Minutes - MCCMINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT ADJOURNED REGULAR MEETING
JUNE 30, 2003
ECONOMIC DEVELOPMENT AGENCY BOARDROOM
201 NORTH "E" STREET
SAN BERNARDINO, CA
This is the time and place set for a joint adjourned regular meeting of the Mayor and Common
Council and Community Development Commission of the City of San Bernardino from the
joint adjourned regular meeting held at 2 p.m., Thursday, June 26, 2003, in the Economic
Development Agency Boardroom, 201 North "E" Street, San Bernardino, California.
The City Clerk has caused to be posted the order of the adjournment of said meeting held on
Thursday, June 26, 2003, and has on file in the Office of the City Clerk an affidavit of said
posting together with a copy of said order, which was posted at 8:45 a.m., Friday, June 27,
2003, on the City Hall breezeway bulletin board.
The joint adjourned 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 5:44 p.m., Monday, June 30, 2003, in the Economic Development
Agency Boardroom, 201 North "E" 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, Longville, McGinnis, Derry, Suarez,
Anderson, Mccammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson.
Absent: None.
1. Public hearing -consider resolution adjusting various fees
A Resolution of the City of San Bernardino establishing certain fees for services
furnished by the City of San Bernardino, and repealing Resolution No. 80-522,
Resolution No. 96-195, Resolution No. 99-173, Resolution No. 99-246, Resolution
No. 2001-273, and Resolution No. 2002-241 and amending Resolution No. 83-201,
Resolution No. 90-154, and Resolution No. 90-471.
Note: The resolution was not distributed with the backup material.
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Fred Wilson, City Administrator, stated that a posting deadline had been missed and
suggested that the matter be tabled until the issues are resolved.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Mccammack, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None.
Absent: None.
2. RES. 2003-144 -Resolution of the Mayor and Common Council of the City of San
Bernardino, California, authorizing the City of San Bernardino to establish 2003-
2004 expenditures for the month of July only, at one-twelfth the proposed levels
contained in the Preliminary Detail Budget for the 2003-2004 Fiscal Year, or as
needed to pay the authorized costs incurred for the month of July, 2003 only,
pending rmal approval of the 2003-2004 budget.
Note: The resolution was not distributed with the backup material.
Jim Penman, City Attorney, stated that instead of continuing this year's budget they
were proposing adoption of the Preliminary Detail Budget and authorizing payment of
costs incurred for the month of July 2003 only, pending final approval of the 2003-2004
budget.
City Clerk Clark read the title of the revised resolution that was distributed by the City
Attorney's Office, as follows:
Resolution of the Mayor and Common Council of the City of San Bernardino,
California, adopting the Preliminary Detail Budget for the 2003-2004 fiscal year,
and authorizing the City of San Bernardino to establish 2003-2004 expenditures for
the month of July only, at one-twelfth the proposed levels contained in the
Preliminary Detail Budget for the 2003-2004 fiscal year, or as needed to pay the
authorized costs incurred for the month of July, 2003 only, pending final approval
of the 2003-2004 budget.
Council Member/Commissioner Mccammack made a motion, seconded by Council
Member/Commissioner Anderson, that full reading of the resolution be waived; and
that said resolution be adopted. (The vote was taken following the discussion.)
Council Member/Commissioner Estrada questioned whether the Council could legally
adopt a deficit budget.
Mayor Valles stated that the City could adopt a deficit budget.
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Council Member/Commissioner Mccammack stated that if the City only expends one-
twelfth, it would not be putting itself into a deficit position.
Council Member/Commissioner Longville suggested that the Council look at
implementing some of the additional budget reductions and revenue enhancements in
one month in order to realize some savings. She wanted to clarify for the public that
there were no reductions to the After School Programs in the Preliminary Budget.
Mr. Penman stated that Council Member/Commissioner Estrada's concerns were well
taken and recommended the following changes to the resolution: On line 2 ½, omit the
words "adopting the Preliminary Detail Budget for the 2003-2004 fiscal year, and"; on
line 7½ omit the words, "to adopt the Preliminary Detail Budget for the 2003-2004
fiscal year, and"; and on line 14 ½ omit the words, "adopt the Preliminary Detail
Budget for the 2003-2004 fiscal year, and".
Council Member/Commissioner McCammack amended her motion, seconded by
Council Member/Commissioner Anderson, that full reading of the resolution be
waived; and that said resolution be adopted, as amended.
The motion carried and Resolution No. 2003-144 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, Mccammack. Nays: None . Absent: None.
Council Member/Commissioner Mccammack made a motion, seconded by Council
Member/Commissioner Suarez, that any action on the 2003-2004 budget reduction
proposals dated June 12, 2003, and previously distributed to the Council, be deferred
until such time that the City is ready to take appropriate measures to balance the 2003-
2004 budget.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None.
Absent: None.
3. An Ordinance of the City of San Bernardino amending Section 5.04.015 of the San
Bernardino Municipal Code by adding Sub Section "E" relating to business
registration certificate application processing fees. FIRST READING
Fred Wilson, City Administrator, stated that since this item was related to Agenda Item
No. 1, it should also be tabled .
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Derry, that the matter be tabled.
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The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None.
Absent: None.
4 . An Ordinance of the City of San Bernardino amending Municipal Chapter 8.81 to
include Section 8.81.045 establishing a requirement that alarm businesses notify
the Police Department of each alarm installation and that allows the City of San
Bernardino to invoice alarm businesses for installation and monitoring service
transfer fees. FIRST READING
Fred Wilson, City Administrator, stated that since this item was related to Agenda Item
No. 1, it should also be tabled.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Derry, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None.
Absent: None.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present
Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Suarez, Anderson, Mccammack; City Attorney Penman, City Clerk Clark, City
Administrator Wilson; Economic Development Agency Executive Director Van Osdel.
Absent: None.
RS. Economic Development Agency Fiscal Year 2003-04 budget
RES. CDC/2003-23 -Resolution of the Community Development Commission of
the City of San Bernardino, California, approving the Economic Development
Agency's budget for the Fiscal Year 2003-04 except for those portions of certain
budget lines which are related to the Uptown Redevelopment Project Area.
(RSA)
Council Member/Commissioner Mccammack made a motion, seconded by Council
Member/Commissioner McGinnis, that full reading of the resolution be waived; and
that said resolution A, be adopted.
The motion carried and Resolution No. CDC/2003-23 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, Mccammack. Nays: None. Absent: None.
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RES. CDC/2003-24 -Resolution of the Community Development Commission of
the City of San Bernardino, California, approving the Economic Development
Agency's budget for those portions of certain budget lines which are related to the
Uptown Redevelopment Project Area for the Fiscal Year 2003-04. (RSB)
Council Member/Commissioner Mccammack stated that she would be abstaining on
this item because she owns property in the Uptown Redevelopment Project Area. She
left the boardroom and returned after the vote was taken.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McGinnis, that full reading of the resolution be waived; and
that said resolution B, be adopted.
The motion carried and Resolution No. CDC/2003-24 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson. Nays: None. Abstentions: Council Member/Commissioner
Mccammack. Absent: None.
6. Closed Session -conference with labor negotiator -pursuant to Government Code
Section 54957 .6
Ne gotiator:
Linn Livingston
Emplo yee Organization:
San Bernardino Police Officers' Association
City Attorney Penman announced that the need to take action on three additional cases
arose subsequent to the posting of the agenda.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Longville, that the need to take action arose subsequent to the
posting of the agenda.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None.
Absent: None.
Mr. Penman announced that the following additional cases would be discussed in closed
session under conference with legal counsel, existing litigation, pursuant to Government
Code Section 54956.9(a):
Sanborn v. Avila Construction, et al. -San Bernardino Superior Court Case No .
scvss 078410;
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Richard P. Avila, et al. v. Mike Grubbs, et al. -San Bernardino Superior Court
Case No. SCVSS 084862;
Avila Construction v. Ci ty of San Bernardino, et al. -San Bernardino Superior
Court Case No. SCVSS 091020.
Closed Session Announcement
City Attorney Penman announced that during closed session the Mayor and Common
Council voted to authorize the attorney representing the City in the Avila cases to make
the appropriate post-trial motion for setting aside the verdict and new trial, and if that is
not successful, to file an appeal with the Fourth District Court of Appeal.
The motion was made by Council Member/Commissioner Anderson, seconded by
Council Member/Commissioner McCammack, and carried by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, Mccammack. Nays: None. Absent: None.
7. Adjournment
At 6:47 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and
Common Council and Community Development Commission is scheduled for 1 :30
p.m., Monday, July 7, 2003, in the Council Chambers of City Hall, 300 North "D"
Street. The public portion of the meeting will begin at 3:00 p.m.
No. of Items: 7
No . of Hours: 1
6
RACHEL G. CLARK
City Clerk
By~~A ~
Linda Sutherland
Deputy City Clerk
06/30/2003