HomeMy WebLinkAbout07-16-2008 Jt. Adj. Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
CouncU Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Neil Derry
CluJs Kelley
Rikke Van Johnson
Wendy McCommack
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MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
JOINT ADJOURNED REGULAR MEETING
JULY 16, 2008
COUNCIL CHAMBERS
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 4:38 p.m., Wednesday, July 16, 2008, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Kelley, Johnson, McCammack; City Attorney Penman,
City Manager Wilson, City Clerk Clark.
Absent:
Council Member/Commissioner Derry.
Council Member/Commissioner Derry arrived at 5:05 p.m.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
San Bernardino City Professional Firefi~hters, Local 891 v. City of San
Bernardino; San Bernardino Fire Department, et al. - San Bernardino
Superior Court Case No. CIVSS 807685;
07/16/2008
Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United
States District Court Case No. CV 07-01027 SGL (OPx);
Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. -
San Bernardino Court Case No. CIVSS 708367.
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:
Ne~otiator:
Linn Livingston, Human Resources Director
Employee Or~anization(s):
General Unit
Middle-Management
San Bernardino Confidential Management Association
Fire Fighters Local Union No. 891
San Bernardino Police Officers Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
2. Budget deliberations - Fiscal Year 2008/09 - discuss and take possible action
Mayor/Chairman Morris stated that the City Manager had prepared a
memorandum dated July 15, 2008, titled, "Budget Update and Next Steps,"
which provided a budget update and steps for balancing the City's budget in the
next fiscal year.
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City Manager Wilson stated that at the last several budget workshops, the Mayor
and Council had approved in concept a total of $11,977,500 in budget-balancing
measures, lowering the deficit from $17,362,900 to $5,385,400. He stated that
the spread sheet (yellow sheet) contained a list of remaining recommendations for
Council consideration, which, if adopted, would reduce the deficit to $4,035,200.
Mr. Wilson recommended that the Council have further discussion regarding the
proposal for placing revenue measures on the November 2006 ballot, including
the concept of a potential library revenue measure raised by Councihnan Brinker.
Police Chief Billdt reviewed highlights of the proposed reorganization plan. He
stated that it would improve the efficiency of the agency by deploying more
resources to deal with emerging crime issues in each district for a total savings of
approximately $2.9 million. Chief Billdt responded to questions/concerns raised
by members of the Council.
Richard Lawhead, President of the Police Officers Association, stated that they
needed the supervision and the detectives; however, the City is in a crisis and if
this is the only way to balance the budget, they are going to work a little harder.
He stated that they have started to see a decrease in crime now, but they may be
back next year if they see a spike in crime due to lack of personnel. Mr.
Lawhead urged the Council to be cautious because they have hired some
extremely young officers who require constant supervision and mentorship, and if
they take away some of those higher positions, they would take away some of that
direct supervision and mentorship.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, to approve the Police Department reorganization
plan in its entirety. No vote was taken.
Council Member/Commissioner McCammack made a substitute motion, seconded
by Council Member/Commissioner Derry, to approve the Police Department
reorganization plan excluding the $766,600 ($653,600 plus $113,(00). The
motion carried. Ayes: Estrada, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: Baxter. Absent: None.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, to approve the recommended cuts by the Police
Chief of $653,600, $113,000, and $41,500, for a total of $808,100. No vote was
taken.
Council Member/Commissioner McCammack made a substitute motion, seconded
by Council Member/Commissioner Estrada, to vote on each item separately. The
substitute motion was subsequently withdrawn.
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07/16/2008
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, to approve cuts totaling $653,600 from the Police
Department budget, which would hold vacant two (2) District Admin Sergeants,
one (1) Chiefs Executive Officers/Sergeant, and three (3) District Detectives;
upgrade one (1) Lieutenant to Captain and one (1) CSO II to Information Analyst
I (Crime Mapper). The motion carried. Ayes: Estrada, Baxter, Brinker,
Johnson. Nays: Derry, Kelley, McCammack. Absent: None.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, to approve cuts totaling $113,000 vacating two
(2) CSO I positions in the Police Department. The motion carried. Ayes:
Estrada, Baxter, Brinker, Kelley, Johnson. Nays: Derry, McCammack.
Absent: None.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, to approve cuts totaling $41,500 vacating one
(1) Police Records Tech I. The motion carried unanimously with all members
present.
Council Member/Commissioner McCammack expressed concern regarding
Animal Control and the fact that dead animals are not being picked up in a timely
manner.
City Manager Wilson stated that the issue of animal control services was
scheduled to be heard at the next Ways and Means Committee.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, to approve cuts totaling $48,000 vacating a
Customer Service Representative in Animal Control. The motion carried.
Ayes: Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
McCammack. Absent: None.
Council Member/Commissioner McCammack stated that she was concerned that
the City was not collecting the proper amount of sales tax from every retailer and
annexed County pockets. She didn't want to make any more cuts until they make
sure the City is getting all the money it should be getting.
Council Member/Commissioner Derry stated that LAFCO was responsible for
notifying State agencies whenever an annexation occurs.
Paul Sanborn, 3559 Genevieve, San Bernardino, CA, spoke against any cuts
from Police or Fire.
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The following individuals spoke in support of Operation Phoenix:
Khalid Sayeg, 7779 Calle Carrisa, Highland, CA;
Barbara Babcock, 1234 S. 26th Street, San Bernardino, CA, speaking on behalf
of George Aguilar;
Larry Hellma"", 932 Westport Lane, Vista, CA;
Joseph Rabon, 5627 N. Wagonwheel Road, San Bernardino, CA;
Linda Hart, 1864 Bradley, San Bernardino, CA;
John Arias, San Bernardino, CA, Outreach Ministries of Victory Outreach
International;
Marsha Wilkins, 255 N. "D" Street, Suite 412, San Bernardino, CA;
Nancy Sanchez-Spears, P.O. Box 1654, Redlands, CA;
Gregory Baugh, 5700 Division Street, Riverside, CA;
Candice Davis, 1679 W. Virginia Street, San Bernardino, CA;
Carolyn Conley, 1384 N. "G" Street, San Bernardino, CA;
Charles Greenwood, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, to approve the remaining cuts for Civil Service
($16,000), Facilities Management ($65,500), Public Services ($352,400) and
Public Services/Fleet ($60,200). The motion carried unanimously with all
members present.
3. Discuss and take possible action regarding potential ballot measures for the
November 2008 ballot. (Continued from July 7,2008)
Council Member/Commissioner Brinker stated that because of the polling that had
already been done, and not knowing how adding a library funding measure to the
November ballot would affect the other items, the library board and City staff
came to a consensus to wait and possibly put it on the ballot in March. He stated
that professional experts have been engaged to help create a process where they
would go out into the community and ask what types of services people would
like to see and where they would like to see libraries, and then they would
develop a funding measure that would meet the needs expressed by the
community. Mr. Brinker stated that one of the things they wanted to look at was
the idea of blending some of the library services with the community centers
located throughout the City.
Council Member/Commission Johnson suggested holding an annual telethon to
raise money for libraries.
City Manager Wilson stated that a poll had been conducted to gauge voter opinion
regarding the following potential ballot measures: a transient lodging tax (TL T)
increase; a quarry tax, formally known as the extraction and processing tax;
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imposing a Utility User's Tax (UUT) on City of Riverside wells; a warehouse
tax; and a 911 communications tax.
Mayor/Chairman Morris stated that because this is an "off-year election," they
must have a unanimous vote of the City Council to bring any of these tax
measures to the voters.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, to place the TLT tax on the November ballot.
No vote was taken.
Council Member/Commissioner McCammack stated that she did not want to send
hotel patrons to other cities where the tax is lower.
Council Member/Commissioner Baxter withdrew his motion.
Council Member/Commissioner Brinker suggested that the UUT on Riverside
wells be placed on the November ballot.
Lori Sassoon, Assistant City Manager, stated that she had a brief conversation
with City of Riverside staff about the proposal and the opportunity to perhaps talk
about a fee in lieu, which would be an amount equivalent to the tax and would
save the City the election costs.
Council Member/Commissioner Kelley stated that he did not believe in taxes or
raising fees. However, based on the professional and competent report they
received from the Assistant City Manager, he indicated that he would be willing
to entertain the possibility of supporting the Riverside UUT measure. Mr. Kelley
advised that he could not support any of the other tax measures.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that the Utility User's Tax (UUT) exemption
removal on Riverside Wells be placed on the ballot, but that it be pulled off the
ballot if there is resolution of the matter prior to the August 8, 2008 deadline for
placing the ballot measure on the November 2008 ballot. No vote was taken.
City Attorney Pemnan stated that under the State Constitution, in order to impose
a tax the City must declare an emergency by unanimous vote.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the Mayor and Common Council
declare a fiscal emergency relative to the tax on the Riverside water properties.
The motion carried unanimously with all members present.
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Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that the Utility User's Tax (UUT) exemption
removal on Riverside Wells be placed on the ballot, but that it be pulled off the
ballot if there is resolution of the matter prior to the August 8, 2008 deadline for
placing the ballot measure on the November 2008 ballot. The motion carried
unanimously with all members present.
4. Adjournment
At 8:43 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, July 21, 2008, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
By;iJ~/-1JuAII!r.~/
Linda Sutherland
Deputy City Clerk
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