HomeMy WebLinkAbout06-16-2009 Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Potril:k J. Morris
CouncU Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Fred Shoren
Coo. Kelley
Rikke Van Johnson
Wendy McCammack
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MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT ADJOURNED REGULAR MEETING
JUNE 16, 2009
ECONOMIC DEVELOPMENT AGENCY
BOARDROOM
201 NORTH "E" SREET
SAN BERNARDINO, CA
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, June 15, 2009, in
the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
The City Clerk has caused to be posted the order of adjournment of said meeting held
on Monday, June 15, 2009, 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 11 a.m.,
Tuesday, June 16, 2009, on the City Hall breezeway bulletin board.
The joint adjourned regnlar 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 4:08 p.m., Tuesday, June 16, 2009, in the
Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino,
California.
Roll Call
Preseut:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Shorett, Kelley, Johnson, McCanunack; City Attorney
Penman, City Manager McNeely, City Clerk Clark.
None.
Absent:
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06/16/2009
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Allen, Jamora, et aI. v. City, et aI. - San Bernardino Superior Court
Case No. CIVSS 805915;
Alliant Ins. Services, Inc., et al. (City Muni Water Dept. v.) - San
Bernardino Superior Court Case No. CIVSS 702820;
Alvarez, Jaime, et al. (RDA v.) - San Bernardino Superior Court Case
No. SCVSS 86091;
Batey, Jane, et al. v. City, et al. - San Bernardino Superior Court Case
No. SCVSS 141503;
Belinski, Paul v. City, et aI. - United States District Court Case No.
CV08-8571PSG(MANx) ;
Cora Constructors, Inc. v. City Muni Water Dept. - San Bernardino
Superior Court Case No. CIVSS 803484;
County of San Bernardino (City v.) - Los Angeles Superior Court Case
No.KC49711 "J";
Daves, Edward, et aI. v. City, et al. - San Bernardino Superior Court
Case No. CIVSS 815804;
Desrochers, Michael, Lowes, Steve v. City, et aI. - United States
District Court Case No. EDCV06-1408 V AP (JCRx);
Desrochers, Michael, Lowes, Steve v. City, et aI. - San Bernardino
Superior Court Case No. CIVSS 708367;
Flores, Emelio S., et aI. v. City of Hi~and, et al. - San Bernardino
Superior Court Case No. CIVSS 700464;
Golding, Justin Ryan v. City, et al. - San Bernardino Superior Court
Case No. CIVSS7oo791;
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06/16/2009
Hearns, Kimberlyn v. City, et aI. - United States District Court Case
No. EDCV03-01434 RT (SGLx);
Hearns, Kimberlyn v. City, et aI. - United States District Court Case
No. CV05-04524 GHK(RZX);
Jackson, Dennis, et aI. v. City, et al. - San Bernardino Superior Court
Case No. CIVSS 800797;
Kin~, Edward & Aia Jae~er v. City - United States District Court Case
No. CV -09-01339-SJQ(PJWx);
Lopez, Jose Luis, Jr., et aI. dba The Club (Peo. v.) - San Bernardino
Superior Court Case No. SCVSS 134051;
Manta Mana~ement Corp. (Peo. v.) (#2-Red Li~ht Abatement) San
Bernardino Superior Court Case No. SCVSS 117285;
Maravilla, Luisa v. Deanna Marie Crosby, et aI. - San Bernardino
Superior Court Case No. CIVSS 707097;
Montez, Rodolfo v. City of SB Mnni Water Dept., et aI. - San
Bernardino Superior Court Case No. CIVSS 701871;
Moore, Adrian Eu~ene v. City, et aI. - United States District Court Case
No. CVOI-03064 DDP (RZ);
Moss, Richard "Scott", et al. v. City, et aI. - United States District Court
Case No. CV07-01027 SGL(OPx);
Osias, Daniel, an ind., et al. (City v.) - San Bernardino Superior Court
Case No. SCVSS 140090;
Redden, Deryl v. City, et al. - San Bernardino Superior Court Case No.
SCVSS 144245;
Romero, Mi~el, et al. v. City, et aI. - San Bernardino Superior Court
Case No. CIVSS 703673;
San Bernardino City Prof. Firefi~ters, Local 891 v. City et al. - San
Bernardino Superior Court Case No. CIVSS 807685;
San Bernardino Police Officers' Assoc.; Richard Lawhead, et al. v.
City, et aI. - San Bernardino Superior Court Case No. CIVDS 902362;
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06/1612009
Soderbloom, Don v. City, et al. - DLSE State Case No. 4962;
State of Calif. ex reI. Nora Armenta; City of SB v. James Jones, Co. -
Los Angeles Superior Court Case No. BC173487;
Vinson, Demariae v. City, et al. - San Bernardino Superior Court Case
No. CIVSS 818649;
Walker, Robert v. City, et al. - San Bernardino Superior Court Case No.
CIVSS 814767;
Wan~, H. Ro~er, et al. v. WaI-Mart Real Estate Business Trust, et al. -
San Bernardino Superior Court Case No. SCVSS 129158;
Watson, Zakyia, et aI. v. City, et al. - San Bernardino Superior Court
Case No. CIVSS 807970;
Weisenber~er, Timothy, et aI. v. State of Calif., et al. - San Bernardino
Superior Court Case No. SCVSS 134901;
Zimmon, Garrett-Ind. Disability Ret. Application - OAH#2oo7080890.
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:
Claim of Boom, Brian v. City, et al.
Claim of Lowes, Steve v. City
Claim of Martinez, Sochildt v. City
Claim of Vargas-Quiroz, Miguel, et al. v. SBCUSD; City, et al.
Claim of Walker, Travis v. City
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.
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06/16/2009
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.
Prior to the start of the meeting, City Attorney Pemnan distributed an Interoffice
Memorandum dated June 16, 2009, addressed to the Mayor and Common
Council, from James F. Pemnan, City Attorney, regarding Funding of
Agreements for Outside Counsel and Litigation Expenses.
Following closed session, City Attorney Pemnan stated that the only actions
taken in closed session would be revisited when the entire budget is reviewed
and a vote is taken in open session at that time.
2. Budget deliberatious - Fiscal Year 2009/10 - discuss and take possible
action concerning proposed City and EDA budgets
The following documents were distributed:
. June 16, 2009 - Budget Workshop Agenda;
. City of San Bernardino FY 2009-201012013-2014 CIP Draft 06-16-09
Capital Improvement Program (PowerPoint presentation by Robert
Eisenbeisz, City Engineer);
. FY 2009/2010 - 2013/2014 Capital Improvement Program - Potential
Conflicts ofInterest (distributed by the City Attorney's office).
Council Member/Commissioner Estrada stated that it would be helpful if the
Council could have information showing how many of the City's projects have
been accomplished cooperatively with other agencies, including dollar amounts;
and Mr. Eisenbeisz stated that he could provide that information.
Warner Hodgdon expressed concern regarding the proposal to borrow $5
million from the Economic Development Agency (EDA) to balance the City's
budget, equating it to the City digging itself into a hole. He stated that he would
like to see a lO-year projection in order to know how large the crevice is going
to be 12 months from now. He suggested that staff obtain an unqualified
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06/16/2009
opinion as to whether the Agency can loan this money, pointing out that EDA
money is a multiplier and there is synergy in it.
City Manager McNeely provided a review of his recommended budget savings
actions. He stated that if Council members had questions between now and June
24, to contact him-that staff would be preparing the necessary resolutions and
other measures that would be required for the Council's adoption.
Council Member/Commissioner Estrada asked Mr. McNeely if he felt he had
been briefed enough on the City's financial situation that he could unequivocally
make these recommendations.
Mr. McNeeley answered that he believed he had enough confidence in the
information he has thus far, as well as the staff, to make these recommendations
to the Council. He added that his one caveat is that he is coming in as a new
city manager and he has a number of questions with respect to long-term. He
stated that he presented a number of issues to the Council that are hanging out
there that will come due next June; and what he is asking right now is that the
Council move forward with getting this budget wrapped up so that they can
begin in earnest to sit down and go through the more major issues that are
coming up.
Mr. McNeely stated it was not his preference to come in at the outset and
suggest a loan of this magnitude from the Economic Development Agency.
However, in looking at the numbers and going through the budget, at this
juncture he believed this was the best course to take on an interim basis. He
stated that there are clearly fundamental changes that need to be made-other
analysis and review of the City's fmances that he needs to make-and he can't
do that in a 2-week, 2-day time frame.
Council Member/Commissioner Estrada stated that she thought there were other
things that haven't been explored-whether it's the refinancing of City Hall or
whatever-but that all potential assets haven't been explored; and this is an
enormous hit to the EDA budget.
Council Member/Commissioner McCammack requested that between now and
June 24 that the City Manager review the document put together by John
Wilson, Senior Assistant City Attorney, regarding other assets and reserve funds
that can or cannot be borrowed from on a short-term basis.
Council Member/Commissioner Brinker suggested that they look into the idea of
reducing the number of committees and commissions that we have in the City in
order to reduce the amount of staff time devoted to them.
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06/16/2009
He stated that when he thinks about borrowing, to him there is good borrowing
(such as money for a college education - an investment in yourself) and bad
borrowing (one-time expenses such as a vacation on a credit card). He stated
that using one-time money for ongoing expenses is typically not considered very
good borrowing.
He stated that he thought the purpose of this borrowing was to buy the City time
to improve its fmancial situation, so he would like to see the following done to
show that they are serious about improving the City's financial situation:
. Include in the City's budget some type of positive plan to support new
businesses and a generation of new taxes in the city;
. A year in which there are no layoffs or cuts of City employees and an
understanding of how that is being accomplished proactively with the
employee bargaining units;
. More information on what kinds of structural changes they are looking at
that will improve efficiency or effectiveness in our City-what areas are
they going to focus on;
. Proactively preparing for next year's budget;
. What is the opportunity cost of borrowing the money from EDA-
ultimately, what is the best use of those dollars. Are they better used in
the EDA generating new dollars, or is it money that is just going to be
sitting there and would be better used to help buy the time needed to get
through all the other things the Council has talked about.
Mr. Brinker also requested a I-page document listing the full cost of all the
City's debt service-how much debt do they already have, what percentage of
the budget is the debt service, and can any of it be refinanced.
Discussion continued regarding the budget and Mr. McNeely's plan for moving
forward with the 2009/2010 budget as well as the budget for 2010/2011.
Ultimately, Mr. McNeely stated that he would be honest with the Council and
he would be consistent with the Council; however, at the end of the day it would
be the Council's call as to how they move forward.
Mention was also made regarding the refuse operation and the tow operation.
Ms. McCammack noted that the tow yard was included in the budget and asked
about the tow yard business plan. She stated that it could not be part of the
budget at this point in time, and that she would not support a budget with the
tow yard in place, since the Council doesn't know what the plan means or what
the plan looks like.
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06/16/2009
NB1. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of Amendment No. 2 to the
Agreement and an increase to Purchase Order No. 302230 by an additional
$32,400 to FIuoresco Lighting & Signs for additional streetlight
maintenance services. (Continued from June 15,2009)
Council Member/Commissioner McCammack stated that she would like to have
all backup paperwork regarding this item before making a decision.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the matter be continued to the next
budget meeting to be held Wednesday, June 24, 2009. The motion carried
with Kelley voting "no."
3. Adjournment
At 7:38 p.m. the meeting adjourned to 4 p.m., Wednesday, June 24, 2009, in
the Economic Development Agency Boardroom to consider the Fiscal Year
2009/10 City and Economic Development Agency budgets and other agendized
matters.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for Monday, July 6,2009.
RACHEL G. CLARK
City Clerk
By:
4P~
LmdaE.Hartzcl
Deputy City Clerk
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06/16/2009