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HomeMy WebLinkAbout03-19-2008 Adjourned MinutesMayor Patrick J. Morris CITY OF SAN BERNARDINO Council Members: 300 N. "D "Street Esther Estrada Dennis J. Baxter San Bernardino, CA 92418 Tobin Brinker Website: www.sbcity.org Neil Derry Chas Kelley Rikke Van Johnson Wendy McCammack MINI TTF.S MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING MARCH 19, 2008 ECONOMIC DEVELOPMENT AGENCY BOARDROOM This is the time and place designated 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 regular meeting of the Mayor and Common Council and Community Development Commission held at 1:30 p.m., Monday, March 17, 2008 in the Council Chambers of City Hall, 300 North "D" 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 4:42 p.m., Wednesday, March 19, 2008, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California. Roll Call Roll call was taken by Assistant City Clerk Medina with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack; City Attorney Penman, Assistant City Clerk Medina, City Manager Wilson. Absent: Council Member/Commissioner Derry. 1. Closed Session A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a). 1 03/19/2008 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 G Conference with labor negotiator - pursuant to Government Code Section 54957.6: Negotiator: Linn Livingston, Human Resources Director Employee Organizations: San Bernardino Confidential Management Association Fire Fighters Association Local No. 891 Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2. Fiscal Year 2007/08 Mid -Year Budget Report Barbara Pachon, Director of Finance, presented an overview of the mid -year budget for fiscal year 2007/08. She stated that for the most part everything is on track, relative to what had been estimated, except for the General Fund. She stated that the total shortfall was approximately $7.3 million less than projected, due in large part to a significant drop in sales tax and a drop in property tax in - lieu of sales tax. Also, the utility user's tax is coming in less than budgeted. In a memo to the Mayor and Common Council from Fred Wilson, City Manager, dated March 17, 2008, Mr. Wilson noted that by working with management and the Budget Ad Hoc Committee, staff had developed a list of options to reduce the current year deficit, as follows: 2 03/19/2008 • Hold many General Fund positions vacant through end of fiscal year • Reduce/eliminate discretionary spending such as training, supplies, and equipment purchases • Aggressively pursue revenue • Shift certain costs to the Economic Development Agency (EDA) • Continue using Measure `Z" funds for Police Corridor overtime and regular patrol overtime • Use non -General Fund revenue sources wherever possible. It was noted that even with implementation of all these options, a budget gap of $2.9 million would remain. In addition, several revenue enhancing options had been discussed including an increase to the City's transient lodging tax (TLT), an extraction and mining tax (quarry tax), and an increase to the real property transfer tax. Council Member/Commissioner McCammack pointed out that there was a difference between the list of expenses distributed today and the list presented to the Budget Ad Hoc Committee for review. She also stated that the committee had requested a list of all extra programs that are not necessities —anything the City spends money on that is not a necessary service —and asked when they would be receiving that list. Council Member/Commissioner Estrada expressed concern with using EDA funds to balance the City's budget, stating that these funds should be used for creating stimuli needed in the economy at the local level —and here was a recommendation to take $850,000 more from the Agency. She stated that she wasn't sure it was a good idea to use EDA funds, while at the same time tapping into the City's reserve. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the FY 2007/08 mid -year budget be sent back to the Budget Ad Hoc Committee for further discussion and a more in- depth review in an effort to cut non -necessities. Council Member/Commissioner Brinker stated he had three concerns. First, he questioned what it would mean to the Economic Development Agency if the City used EDA funds for City expenses. Secondly, he noted that last year the Council had discussed what role the Measure " Z" Oversight Committee would play —that his representative felt the committee was nothing more than an audit committee. He questioned whether any of the budget issues related to Measure "Z" had been discussed with the committee, stating that he did not want Measure " Z" funds to be used to supplant things that were already being handled by the General Fund. 3 03/19/2008 Thirdly, he stated that they were looking at the budget in a very traditional way, and asked about the growth plan for the City —what was being done to actively promote the growth of business in the City. He stated that something needed to be done on South "E" Street where all the traffic will be redirected during the freeway widening and the soon -to -be closure at the Inland Center Mall. He pointed out the need to make a proactive plan to grow the economy in key areas such as South "E" Street, the Mt. Vernon corridor, and the north end up by State Street. Mr. Brinker advised that Inland Timber, a lumber yard with a $100 million a year business, is waiting to come to San Bernardino —that the City of Grand Terrace and the Colton School District want them to move because they want that location for a new high school and they want them to be gone yesterday. He advised that they have identified property here in San Bernardino, and the City needs to do something to get them here quicker. Mayor/Chairman Morris stated that it was important to look at Mr. Brinker's request to enhance the City's business environment; however, the discussion today was to determine how they can pull the budget together between now and June 30. He stated that at this moment they should be looking to create savings for the next three months. Council Member/Commissioner Kelley supported the idea of the growth plan. He advised that the Parks and Recreation Department is under -funded by at least $1-2 million, but he hoped they could figure out a way to add three more park workers, since the services and programs offered by the Parks and Recreation Department affect the city as a whole. He noted that the director of the department has been very aggressively addressing the landscape maintenance districts and all of the parks citywide; and since they have been under -funded for so many years, he did not consider the basic needs of fertilizer, seed, pest control, and equipment nonessentials or "fluff." Council Member/Commissioner Estrada mentioned that there are a large number of businesses in the community, yet the City has not partnered with those businesses in a real way so that the community benefits directly from those partnerships; for example, support for things like the symphony and other social groups in the community. Council Member/Commissioner Baxter stated that it was crucial that they do not cut those things that would be a draw or incentive for new businesses. The motion made by Council Member/Commissioner Estrada, seconded by Council Member/Commissioner Baxter, that the FY 2007/08 mid -year budget be sent back to the Budget Ad Hoc Committee for further discussion and a more in-depth review in an effort to cut non -necessities, carried by the following vote: 4 03/19/2008 Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/ Commissioner Derry. Council Member/Commissioner Estrada asked the Mayor if he would consider a Mayor's businessman's roundtable where he would bring in the top business people in this community that graciously make a nice profit in our city and talk to them about these things. Mayor/Chairman Morris answered that he had not been shy about talking to them —although not in a group, but more one-on-one. Council Member/Commissioner McCammack reminded everyone of Mr. Brinker's desire to refer Measure "Z" budget items back to the Measure "Z" Committee. She also stated that she had asked the City Manager to request from the Finance Director a complete listing of all expenditures, department -by - department and account -number -by -account -number. Council Member/Commissioner Brinker asked if it would be possible, the next time they get back together to talk about the budget, to have a secondary meeting with the EDA director relative to how it would impact the EDA budget if they used some of its funds to balance the City budget, and to discuss proposals that are possibly in the works to help bring business to the city and doing more in the way of being proactive. City Manager Wilson stated that it was his sense of things that staff had talked to the departments and had basically squeezed everyone down to the bone. He thought it would be more helpful to have some input from the Council and the Budget Ad Hoc Committee about some of the extras or "fluff' that they were talking about, so they have some clarification of where to go from here. He stated that staff needed to discuss with the Council what programs specifically they should eliminate. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Kelley, that all items regarding Measure "Z" be referred back to the Measure "Z" Citizen Oversight Committee. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. 5 03/19/2008 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the City Manager be directed to have the Finance Department prepare a complete listing of all expenditures by department and by account number for the period of July 1, 2007, to the present, to be used by the Budget Ad Hoc Committee at their upcoming meeting. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. 3. Request from the San Bernardino City Unified School District for a determination of consistency with the City General Plan for development of the site proposed for Wilson II Elementary School (Continued from March 17, 2008) Resolution of the Mayor and Common Council making certain findings and determinations pursuant to Government Code Section 65402 with regard to General Plan conformity for a proposed elementary school site (Wilson II Elementary School). City Attorney Penman declared a conflict because his wife is a member of the school board. He advised that Special Counsel Tim Sabo was in attendance to answer any legal questions. John Peukert, Assistant Superintendent, Facilities Operations, San Bernardino City Unified School District, reiterated his request from the March 17 meeting, that the Mayor and Common Council continue the matter to the regular Council/ Commission meeting of April 7; and at that time the District would present information and answers to all of the questions and concerns brought forward at the meeting of March 17. Gail Bernor, 2572 North "F" Street, San Bernardino, CA, expressed opposition to the proposed school, stating that she was concerned with having to move, concerned with what would be left of the neighborhood once the project is completed, and concerned with access/traffic issues, etc. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/Commission meeting of April 7 to allow the school district to present their case and the neighbors to present their comments. (Note: The vote was taken following discussion.) 6 03/19/2008 Council Member/Commissioner McCammack stated that when the District built Emmerton II, they did not tell the truth; if they are already buying property for this project, they are violating state law; and if they are not giving people their rights regarding condemnation, they are violating the law. Mayor/Chairman Morris stated that it was important for the Mayor and Council, as colleagues of the school board, to work together on issues that benefit our citizens in the future. He stated that he would very much like to have the discussion and presentation by the District, before making a decision on this matter —that the Council would expect no less from them if the roles were reversed. Council Member/Commissioner Kelley stated that he heard and understood his colleague's concerns —that at times it has been a challenge working with their colleagues at the District. However, this was nothing more than giving them a chance to come back and address the Council —that he was not advocating support or nonsupport. Council Member/Commissioner Brinker advised that building a school in California is very difficult —that the State has made it harder and harder to do. He stated that since he has been on the Council he has worked to be a bridge builder with the school district. He agreed that it has been a challenge to get them to sit down with the Council; however, the Council has to rise above this and allow them to make their case. Council Member/Commissioner Johnson agreed that the city is in dire need of schools; however, at this location there is a neighborhood of stable homes. He stated that he didn't know what case they were going to make, but he didn't think it would be good enough for him to move those people out of their homes. Assistant City Clerk Medina asked whether the motion that was read into the record on Monday, March 17, which included the continuance but also a stipulation according to a government code section was to be part of this motion. Mayor/Chairman Morris responded that this was just a motion for continuance of this entire matter until the April 7 date. Council Member/Commissioner Estrada stated that the vote she was going to cast was not a vote to put those residents out, but it would be a vote to hear the District. 7 03/19/2008 The motion made by Council Member/Commissioner Kelley, seconded by Council Member/Commissioner Brinker, to continue the matter to April 7 resulted in a tie by the following vote: Ayes: Council Members/ Commissioners Estrada, Brinker, Kelley. Nays: Council Members/ Commissioners Baxter, Johnson, McCammack. Mayor/Chairman Morris broke the tie with a "yes" vote, and the motion carried. 4. Adjournment At 6:55 p.m. the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, April 7, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 4 No. of Hours: 2.5 RACHEL G. CLARK City Clerk By: G Linda E. Hartzel Deputy City Clerk 8 03/19/2008