The URL can be used to link to this page

Home My WebLink About06-29-2006 MinutesMayor Patrick J. Morris Council Members: CITY OF SAN BERNARDINO Esther Estrada Dennis Baxter 300 N. `D "Street Gordon McGinnis San Bernardino, CA 92418 Neil Derry Website. www.sbcity.orQ Chas Kelley Rikke Van Johnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING JUNE 29, 2006 - 4:00 P.M. ECONOMIC DEVELOPMENT AGENCY BOARDROOM 201 NORTH "E" STREET SAN BERNARDINO, CALIFORNIA 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 Morris at 4:40 p.m., Thursday, June 29, 2006, 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 Morris; Council Members/Commissioners Estrada, Baxter, McGinnis, Kelley, Johnson, McCammack; City Attorney Penman; City Manager Wilson; City Clerk Clark. Absent: Council Member/Commissioner Derry. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): City of San Bernardino and Rachel G. Clark, City Clerk of the City of San Bernardino vs. Florentino Garza & Does 1-10 - San Bernardino Superior Court Case No. SCVSS 138507. 1 06/29/2006 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A -F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. 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. City Attorney Penman announced that the following additional items would be discussed in closed session: Under Agenda Item 1A, existing litigation: Sequenta Lawrence v. City of San Bernardino, et al. - United States District Court Case No. EDCV 04-00336. Under Agenda Item 1B, significant exposure to litigation - one case. Closed Session Announcement City Clerk Clark announced that in the case of City of San Bernardino, and Rachel G. Clark, City Clerk of the City of San Bernardino v. Florentino Garza, and Does 1-10, inclusive, Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, not to appeal the judge's decision. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Johnson, McCammack. Nays: Council Member/Commissioner Kelley. Absent: Council Member/ Commissioner Derry. 2 06/29/2006 2. Budget deliberations - Fiscal Year 2006-07 - discuss and take possible action concerning proposed City budget RES. 2006-235 - Resolution of the Mayor and Common Council approving and adopting the City of San Bernardino's Final Budget for Fiscal Year 2006-2007 and establishing the City's appropriation limit as required by Article XXIII B of the California State Constitution. (2A) Resolution of the Mayor and Common Council of the City of San Bernardino, CA, authorizing the City of San Bernardino to continue expenditures into the 2006-07 Fiscal Year at the same budgeted level as the 2005-06 Fiscal Year, pending final approval of the 2006-07 Budget. (2B) Note: Resolution 2B was not distributed. City Manager Wilson directed the Council's attention to a memorandum which he had provided to them dated June 28, 2006, which summarized the changes to the preliminary budget being recommended by staff. He stated that there had been some discussion at the last budget workshop regarding the issue of revenue projections, and that staff had discussed the matter with Council Member McCammack; however, staff was not recommending any modifications to the projected revenues at this time. Mr. Wilson stated that with the help of the Economic Development Agency staff had identified some additional revenues, resulting in about $700,000 that had been "freed up" for other purposes. Director of Finance Pachon provided a summary of the source of the $700,000. She stated that part of it was from costs that the City picked up a few years back when the Agency was having some difficulties, that the Agency will again take over—things like the South Valle debt service payment and some costs that the Agency used to pay the City to help cover the Mayor's office. The City will also lower the CATV rent paid to the Agency by a small amount. Ms. Pachon advised that about $330,000 of the $700,000 would come from sales tax sharing agreements between the City and the Agency. She explained that the way those agreements work is that when the projects reach a certain level of producing sales tax, the City then shares that sales tax with the Agency. However, based upon a recent report from the City's sales tax consultant, it had been determined that within the next year at least two of these projects were not projected to reach the level of having the sales tax agreements kick in; therefore, that was money the City had budgeted to pay the Agency that would not have to be paid in this next fiscal year. 3 06/29/2006 City Manager Wilson summarized the new changes to the budget, as outlined in his memorandum of June 28, 2006. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada that full reading of resolution 2A be waived, and that said resolution be adopted. The motion carried and Resolution No. 2006-235 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/ Commissioner Derry. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada that said resolution 2B, be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, McGinnis, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/ Commissioner Derry. 3. Proposed Economic Development Agency Fiscal Year 2006-07 budget and approval of amendments to Agency Personnel Policies and Procedures Council Member/Commissioner McCammack advised that she would have to abstain on Agenda Item Nos. 3B and 3E because she owns property in the Uptown Redevelopment Project Area. Therefore, the Council/Commission first voted on 3A, 3C and 3D. Ms. McCammack then left the room and the vote was taken on 3B and 3E. RES. CDC/2006-22 - Resolution of the Community Development Commission of the City of San Bernardino, California, approving the Economic Development Agency's Budget for Fiscal Year 2006-07 with such amendments, changes and modifications as are specifically authorized by said Commission except for those portions of certain budget lines which are related to the Uptown Redevelopment Project Area. (3A) RES. CDC/2006-24 - 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 2006-07 with such amendments, changes and modifications as are specifically authorized by said Commission. (3B) 4 06/29/2006 RES. CDC/2006-23 - Resolution of the Community Development Commission of the City of San Bernardino, California, approving amendments to Exhibits "A", "B -19f, "B-2", and Section 6-A; deletion of Exhibits "C-60" through "C-63"; and addition of Exhibits "C-64" through C-66 "C-67" through "C-69", and "C-70" through "C-71" of the Personnel Policies and Procedures for all employees of the City of San Bernardino Economic Development Agency. (3C) Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the Economic Development Agency to continue expenditures, except for those portions of certain budget lines, which are related to the Uptown Redevelopment Project are, at the budgeted level for the 2005-06 fiscal year, with allowance for those budgeted items having prior Commission approval, pending final approval of the 2006-07 budget. (31)) Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the Economic Development Agency to continue expenditures, except for those portions of certain budget lines, which are related to the Uptown Redevelopment Project Area, at the budgeted level for the 2005-06 fiscal year, with allowance for those budgeted items having prior Commission approval, pending final approval of the 2006-07 budget. (3E) Note: Resolutions 31) and 3E were not distributed. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that full reading of resolutions 3A and 3C, be waived and that said resolutions be adopted; and that resolution 3D, be tabled. The motion carried and Resolution Nos. CDC/2006-22 and CDC/2006-23 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that full reading of resolution 3B, be waived and that said resolution be adopted; and that resolution 3E, be tabled. The motion carried and Resolution No. CDC/2006-24 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis, Kelley, Johnson. Nays: None. Abstentions: Council Member/ Commissioner McCammack. Absent: Council Member/Commissioner Derry. 5 06/29/2006 Continued Item Announcement Mayor/Chairman Morris announced that the resolution regarding Amendment No. 2 to the Lease between the City of San Bernardino and San Bernardino Stampede, Inc. had been continued from June 20, 2006, to today's meeting of June 29, 2006. He advised that this item was inadvertently omitted from today's agenda; therefore, it would be agendized for the Council/Commission meeting of July 10, 2006. 4. Adjournment At 6:30 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 10, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Item: 4 No. of Hours: 2.5 RACHEL G. CLARK City Clerk 04 By: C. Linda E. Hartzel Deputy City Clerk 6 06/29/2006