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HomeMy WebLinkAbout07-12-1993 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING JULY 12, 1993 COUNCIL CHAMBERS This is the time and place set for an adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino from the regular meeting held at 8: 05 a. m., Tuesday, July 6, 1993, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on Tuesday, July 6, 1993, 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 12:35 p.m., Wednesday, July 7, 1993, on the door of the place at which said meeting was held. The adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 9:08 a.m., Monday, July 12, 1993, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Miller; city Attorney Penman; Deputy City Clerk Medina; City Administrator Shauna Clark. Absent: Council Members Curlin, pope-Ludlam. *Fifth Ward Office Vacant INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Hernandez. CLOSED SESSION (1) The Mayor and Council did not conduct a closed session at this time; however, the Mayor and Council recessed into closed session at 12:06 p.m. (See page 13) 1 7/12/93 COUNCIL MEMBER At 9:10 a.m., Council meeting and POPE-LUDLAM ARRIVED Council Member pope-Ludlam arrived took her place at the council table. at the PUBLIC COMMENTS There were no public comments during the public comments section of this meeting. FISCAL YEAR 1993/94 BUDGET REVIEW (2) In a memorandum dated July 9, 1993, Fred Wilson, Assistant City Administrator, stated that at the Mayor and Council meeting held on May 17, 1993, the preliminary fiscal year 1993/94 budget was reviewed and budget-reducing measures were adopted in the amount of $1,905,047. This action reduced the beginning fiscal year 1993/94 General Fund budget deficit from $3,519,000 to $1,613,953. Further action on balancing the budget was delayed pending the adoption of the State budget. The Governor signed the fiscal year 1993/94 state budget and related trailer bills on June 30, 1993. Consequently, property taxes totaling $2.595 billion would be shifted from cities, counties, special districts and redevelopment agencies to the Education Revenue Augmentation Fund (ERAF) in 1993/94. These reductions would be offset by a one-time transfer of $130 million from the Transportation, Planning & Development Account and the extension of the one-half cent sales tax totaling nearly $1.5 billion for the 1993/94 fiscal year. The half-cent sales tax would be extended to December 31, 1993. Extension beyond December 31, 1993 would be determined at a statewide election to be held on November 2, 1993. A preliminary estimate, prepared by the Legislative Analyst, reflects the impact to the city's budget as follows: Property Tax Shift $1,660,000, Transportation/Development Account- $<519,000> and 1/2 Cent Sales Tax Shift - $<379,000>, amounting to a deficit of $762,000. The preliminary fiscal year 1993/94 budget anticipated the loss of $1,900,000 in property tax revenues. Assuming the final figures remain at $762,000, the difference of $1,138,000 would help to eliminate the budget deficit. By July 15, 1993, the State Director of Finance will report the actual property tax shift to the Joint Legislative Budget Committee. According to the League of California Cities, the estimates prepared by the Department of Finance may vary slightly from the estimates prepared by the Legislative Analyst Office. 2 7/12/93 Senate Bill 509 (SB 509) extends the current one-half cent state sales tax to December 31, 1993. SB 509 stipulates that the revenues derived from the sales tax be deposited in the Local Public safety Fund and used exclusively for public safety. It provides that "public safety is the first responsibility of local government and local officials have an obligation to give priority to the provision of adequate public safety services." Public safety services include but are not limited to police and fire protection. The City has the flexibility to utilize the funds for the purpose of balancing the general fund budget provided that police or fire services are not reduced in the fiscal year 1993/94 budget. No reduction in either police or fire services were recommended in the fiscal year 1993/94 budget. Senate Constitutional Amendment 1 (SCA 1) authorizes the continued imposition of the one-half cent state sales tax commencing July 1, 1994, upon the conditional approval by a majority of the voters in a statewide election to be held on November 2, 1993. Since the May 17, 1993 meeting of the Mayor and Council, allocations have been approved for $319,600 to fund outside attorney costs and $32,000 for the Fifth Ward Special Election resulting in a budget deficit of $827,600. The $827,600 deficit is indicative of the current action taken by the state based upon the preliminary estimates. The City's budget options are outlined in Exhibits A (Revenues), B (Miscellaneous), C (Economic Development Agency Revenue Enhancements), 0 (Personnel Cost savings), E (Interfund Transfers To General Fund), F (New Revenues/other Items) and G (General Fund Budget Reductions) of the fiscal year 1993/94 budget review document. In a memorandum dated July 12, 1993, James Penman, City Attorney, stated that the budget presented for fiscal year 1993/94 does not accurately reflect the projected expenses for litigation costs, and encouraged the Mayor and Council to avoid imposing a budget which did not accurately project litigation expenses. He recommended that the Mayor and Council adopt either option A or B noted on the memorandum dated April 19, 1993 from Dennis A. Barlow, Senior Assistant City Attorney. In a memorandum dated April 19, 1993, Dennis A. Barlow, Senior Assistant city Attorney, stated that the budget for fiscal year 1993/94 does not accurately reflect the projected expenses for litigation costs and recommended approval of option A which recommends the hiring of an additional Deputy City Attorney III position. It is anticipated that with the present in-house staff, outside attorney costs would be approximately $653,624 for fiscal year 1993/94. If the vacant position is filled for an approximate cost of $76,991 (salary and benefits), the outside 3 7/12/93 attorney costs could be reduced by $155,000 for a real savings of $78,209. Option B provides for keeping the position vacant and annotates the resultant increased costs for outside counsel. In a memorandum dated July 8, 1993, James Penman, City Attorney, stated that on the sale of real property, a property transfer tax can be imposed pursuant to Fielder vs. citv of Los Anqeles (1993) 14 cal.App 4th 137. However, practical problems of collection may be significant and would have to be considered due to the possible legal ramifications. Mayor Minor recommended that the following budget reduction measures be approved: Reduce Meetings & Conferences Funding Reduce Booking Fees Budget Miscellaneous Budget Cuts Establish Vacancy Factor Apply utility Users Tax to Wireless Cable Low Income Water Rebate Program Transfer Tax On Sale of Real Property Administrative Fees for Recovery of Towing & Storage Charges for Impounding of Stored Vehicles Transfer from Asset Forfeiture Fund TOTAL: $ 17,000 $ 50,000 $ 33,000 $200,000 $ 85,000 $ 10,000 $500,000 $ 43,800 $ 75.000 $895,000 -------- -------- Fred Wilson, Assistant city Administrator, provided a synopsis of the action taken relative to the fiscal year 1993/94 budget deliberations, and stated that the proposed budget does not allow for salary increases (except for the mandated Charter Section 186 increases for safety personnel), management audits, reserve and increased litigation costs. Discussion ensued relative to the proposed bUdget-balancing recommendations outlined on Exhibits C (Economic Development Agency Revenue Enhancements) and E (Interfund Transfer to General Fund) of the fiscal year 1993/94 budget review document. City Administrator Shauna Clark explained that Exhibits E (Interfund Transfers to General Fund), F (New Revenues/other Items) and G (General Fund Budget Reductions) of the fiscal year 1993/94 budget review document were developed after the May 17, 1993 budget deliberations, to provide for additional budget- balancing options. Discussion ensued relative to the proposed bUdget-balancing recommendations outlined on Exhibit F (New Revenues/Other Items) of the fiscal year 1993/94 budget review document. 4 7/12/93 Jeff Wright, P. O. Box 2341, San Bernardino, CA, requested clarification relative to the proposed transfer tax on the sale of real property. City Attorney Penman explained that it is legal to impose a transfer tax on the sale of real property. GENERAL FUND BUDGET REDUCTIONS - EXHIBIT G Discussion ensued relative to the proposed budget-balancing recommendations outlined on Exhibit G (General Fund Budget Reductions) of the fiscal year 1993/94 budget review document. Council Member Pope-Ludlam made a motion, seconded by Council Member Oberhelman, and unanimously carried, that budget- reduction measure item G-4, to establish a vacancy factor within the City for a savings of $200,000, be approved. Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed opposition to the proposed vacancy factor because of the effect it would have on City services. Council Member Oberhelman made a motion, seconded by Council Member Miller, that budget-reduction measure item G-3, to implement miscellaneous budget cuts for a savings of $33,000, be approved. Discussion ensued relative to the elimination of the recaulking of the sidewalk bricks around City Hall. The motion failed by the following vote: Ayes: Council Member Oberhelman. Nays: Council Members Negrete, Hernandez, Pope-Ludlam, Miller. Absent: Council Member Curlin. *Fifth Ward Office Vacant Discussion ensued relative to the proposed reduction of the booking fees budget, item G-2, which would generate a savings of $50,000. Council Member Hernandez made a motion, seconded by Council Member Miller, and unanimously carried, that budget-reduction measure item G-2, to reduce the booking fees budget for a savings of $50,000, be approved. council Member Oberhelman made a motion, seconded by Council Member Miller, that budget-reduction measure item G-1, to reduce meetings and conferences funding for a savings of $17,000, be approved. (Note: There was no vote taken at this time.) 5 7/12/93 Discussion ensued relative to the reduction in funding for meetings and conferences. Concern was expressed regarding the loss of knowledge incurred as a result of the funding reduction. Jeff Wright, P. O. Box 2341, San Bernardino, CA, recommended that compressed natural gas vehicles be used for traveling to meetings and conferences. The motion carried by Members Negrete, Hernandez, Member Pope-Ludlam. Absent: Office Vacant the following vote: Ayes: Council Oberhelman, Miller. Nays: Council Council Member Curlin. *Fifth Ward NEW REVENUES/OTHER ITEMS - EXHIBIT F Council Member Oberhelman made a motion, seconded by Council Member Hernandez, that budget-reduction measure item F-4, to impose an administrative fee for recovery of towing and storage charges for impounded, stored vehicles for an increase of revenue in the amount of $43,800, be approved. (Note: There was no vote taken at this time.) Discussion ensued relative to the enhancement to impose an administrative fee associated with impounded, stored vehicles. proposed revenue to recover costs Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to the vehicle impound policy. CITY CLERK RACHEL CLARK ARRIVED At 10:09 a.m., City Clerk Rachel Clark arrived at the Council meeting and replaced Deputy City Clerk Medina. Council Member Hernandez withdrew his second. The motion failed for lack of a second. Council Member Miller made a motion, seconded by Council Member Hernandez, that budget-reduction measure item F-3, to impose a transfer tax on the sale of real property for an increase in revenue of approximately $500,000, be approved. (Note: There was no vote taken at this time.) City Administrator Shauna Clark explained that the County of San Bernardino currently imposes such a tax of $1.10 for every $1,000 in value on the sale of real property. The County collects .55 cents and the remaining .55 cents goes to the City. Ms. Clark stated that if the City also imposed such a tax, the County would receive the full $1.10 and the homeowner would incur the City's additional tax of $2.20, which equates to a total of $3.30 for every $1,000 in value on the sale of real property. 6 7/12/93 Discussion ensued relative to imposing a transfer tax on the sale of real property. Jeff Wright, P. O. Box 2341, San Bernardino, CA, questioned whether a transfer tax was legal under Propositions 62 and 13. City Attorney Penman stated that under Propositions 62 and 13, it is legal for the city to impose such a tax. Mr. Penman stated that the Supreme Court has ruled that if the revenue is not for special purposes and goes directly into the General Fund, the imposition of such a tax is not required to be heard by the public. Mr. wright expressed opposition to the proposed transfer tax on the sale of real property. The motion Nays: Council Ludlam, Miller. Office Vacant failed Members Absent: by the following vote: Ayes: None. Negrete, Hernandez, Oberhelman, Pope- Council Member Curlin. *Fifth Ward Council Member Oberhelman made a motion, seconded by Council Member Miller, that budget-reduction measure item F-2, reimbursement of $10,000 to the low income water rebate program to cover the costs associated with processing of water rebates, be approved. Discussion ensued relative to the reimbursement of $10,000 to cover the costs associated with processing of water rebates. The motion carried by the following vote: Ayes: Council Members Negrete, Oberhelman, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: Council Member Curlin. *Fifth Ward Office Vacant Discussion ensued relative to applying the utility users tax to wireless cable users. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to imposing the utility-users tax to wireless-cable users. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that budget- reduction measure item F-1, to apply the utility-users tax to wireless-cable users, be approved in concept. 7 7/12/93 INTER FUND TRANSFERS TO GENERAL FUND - EXHIBIT E council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that budget-reduction measure item E-4, to transfer $75,000 from the Asset Forfeiture Fund to the General Fund to cover the costs incurred in funding an undercover drug enforcement officer for one year, be approved. City Administrator action taken relative assessment district. Shauna Clark provided a synopsis of the to the street lighting/street sweeping Fred Wilson, Assistant City Administrator, explained that the action requested today, to transfer a total amount of $141,400 from the street lighting/street sweeping fund (Exhibit E-2 & 3), is to correct the original allocation. He explained that $100,000 has been allocated for fiscal year 1993/94 for the improvement of street lights. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that budget-reduction measure item E-3, to transfer $120,000 from the Street Lighting/street Sweeping Fund to the General Fund, for the previous four years of funding to recover administrative costs associated with the Finance Department related to assessment district management, be approved. Discussion ensued relative to the funds available within the street lighting/street sweeping assessment district fund. The motion carried by the following vote: Ayes: Council Members Negrete, Oberhelman, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: Council Member Curlin. *Fifth Ward Office Vacant Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that budget-reduction measure item E-2, to transfer $21,400 from the Street Lighting/street Sweeping Fund to the General Fund for the one-year funding of a utility-billing clerk related to assessment district management, be approved. The motion carried by the following vote: Ayes: Council Members Negrete, Oberhelman, Pope-Ludlam, Miller. Nays: Council Member Hernandez. Absent: Council Member Curlin. *Fifth Ward Office Vacant Discussion ensued relative to the impact the transfer of $15,000 from the Rideshare Fund to the General Fund (E-1) would have on the bicycle master plan and the ability to meet requirements of the South Coast Air Quality Management District. 8 7/12/93 Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed concern regarding the impact to the bicycle master plan if the proposed transfer was approved. council Member Pope-Ludlam made a motion, seconded by council Member Miller, and unanimously carried, that budget- reduction measure item E-1, to transfer $15,000 from the Ridesharing Fund to the General Fund to recover Associate Traffic Engineer costs, be approved. RECESS MEETING At 10:39 a.m., Mayor Minor declared a five-minute recess. RECONVENE MEETING At 10: 50 a. m., the adj ourned regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark; city Administrator Shauna Clark. Absent: Council Member Curlin. *Fifth Ward Office Vacant FISCAL YEAR 1993/94 BUDGET REVIEW (2) PERSONNEL COST SAVINGS - EXHIBIT 0 Discussion ensued relative to budget-reduction measure item 0-4, to eliminate City-paid life and AD & 0 (Accidental Death & Dismemberment) insurance. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that budget-reduction measure item 0-4, to eliminate city-paid life and AD & 0 (Accidental Death & Dismemberment) insurance, be approved. (Note: There was no vote taken at this time.) Discussion ensued relative to Exhibit 0, items 1-4, relating to personnel cost-saving measures which include implementation of a 10-day furlough program, reduction of three (3%) percent in the city-paid employee contribution to PERS (Public Employee Retirement System), implementation of a 36-hour work week and the elimination of city-paid life and AD & 0 insurance. Council Member Hernandez made a substitute motion that the city Administrator be directed to meet and confer with the varlOUS bargaining units and reemphasize that the three (3%) percent reduction in the City-paid contribution to PERS is a negotiable point, and that it is supported by the Council. 9 7/12/93 The motion failed for lack of a second. city Administrator Shauna Clark stated that the City is currently negotiating with all unions relative to the lssues noted on Exhibit 0 (Personnel Cost Savings) of the fiscal year 1993/94 budget review document. Jeff wright, P. O. Box 2341, San Bernardino, CA, requested clarification relative to item 0-5 to discuss privatization. Discussion (Personnel Cost document. ensued relative to items 1-4 on Exhibit 0 Savings) of the fiscal year 1993/94 budget review City Administrator Shauna Clark recommended that a motion be made to direct the City's negotiator, Personnel Director, to meet with the various bargaining units to address the three (3%) percent reduction in the city-paid contribution to PERS. Council Member Hernandez made a substitute motion, seconded by Council Member Negrete, that the City's negotiator, Personnel Director, be directed to meet and confer with the various bargaining units and reemphasize that the three (3%) percent reduction in the City-paid contribution to PERS is a negotiable point, and that it is supported by the Council. (Note: There was no vote taken at this time.) Discussion ensued relative to budget-reduction measure item 0-2 of the fiscal year 1993/94 budget review document. Mayor Minor recommended that the motion be withdrawn and that the meeting be adjourned to closed session for further discussion of items 1-4 on Exhibit 0 (Personnel Cost Savings) of the fiscal year 1993/94 budget review document. Council Member Hernandez withdrew his motion. ECONOMIC DEVELOPMENT AGENCY REVENUE ENHANCEMENTS- EXHIBIT C Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that budget-reduction measure item C-5, to have the Economic Development Agency assume maintenance costs for the Central City West parking lot, be approved. (Note: There was no vote taken at this time.) It was recommended that items 1-5 on Exhibit C of the fiscal year 1993/94 budget review document be approved in concept. Concern was expressed relative to the availability of redevelopment funds if all the items were approved. 10 7/12/93 Discussion ensued relative to items 1-5 on Exhibit C of the fiscal year 1993/94 budget review document. No action was taken. MISCELLANEOUS - EXHIBIT B Discussion ensued relative to budget-reduction measure item B-2, to reduce the civic and promotional fund for a savings of $240,000. Gary Kirby, 1505 Yardley, support for the reduction in promotional fund. San Bernardino, CA, expressed funding for the civic and Council Member Hernandez made a motion, seconded by Council Member Oberhelman, that bUdget-reduction measure item B-2, to reduce the civic and promotional fund for a savings of $240,000, be approved. city Administrator Shauna Clark recommended that the matter also be referred to the Ways & Means Committee to address the allocation of funds. The motion failed by the Members Hernandez, Oberhelman. Pope-Ludlam, Miller. Absent: Ward Office Vacant following vote: Nays: Council Council Member Ayes: Members Curlin. Council Negrete, *Fifth Discussion ensued relative to funding the civic and promotional fund at the fiscal year 1992/93 level of $317,000. City Administrator Shauna Clark recommended that further discussion be delayed to allow for the compilation of actual figures in relation to the civic and promotional fund. It was the consensus of the Council that the matter relative to the civic and promotional fund be delayed to later in the meeting to allow the compilation of actual figures. Discussion ensued relative to the proposed transfer tax on the sale of real property. city Attorney Penman stated that the additional litigation costs need to be addressed. REVENUES - EXHIBIT A Discussion ensued relative to items 1, 2 and 4 on Exhibit A of the 1993/94 budget review document to reestablish alarm-permit fees, apply utility-users tax to water bills and to add a graffiti-abatement surcharge on refuse bills. 11 7/12/93 Discussion ensued relative to the actions taken to date in an attempt to eliminate the budget shortfall. council Member Oberhelman made a motion, seconded by council Member Pope-Ludlam, that budget-reduction measure item A-4, to add a graffiti-abatement surcharge of .25 cents per month for residential customers and .10 cents per cubic yard for commercial on refuse bills for revenue of $200,000, be approved. (Note: There was no vote taken at this time.) Discussion ensued relative to the proposed graffiti- abatement surcharge. Gary Kirby, 1505 Yardley, San Bernardino, CA, expressed support for the elimination of non-essential services; however, expressed opposition to imposing taxes. Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to imposing taxes, and recommended that the Economic Development Agency provide additional funding for graffiti abatement. Discussion ensued relative to the negotiations being held with the various bargaining units. The motion failed by the following vote: Ayes: Council Members Oberhelman, Pope-Ludlam, Miller. Nays: Council Members Negrete, Hernandez. Absent: Council Member Curlin. *Fifth Ward Office Vacant council Member Miller made a motion, seconded by council Member Oberhelman, and unanimously carried, that the civic and promotional fund be funded at the fiscal year 1992/93 level of $317,000; and that the carryover of $166,000 be expended, for a realized savings of $139,200, be approved. PARAMEDIC PROGRAM - TRANSFER - PRIVATE ENTERPRISE (3) In a document dated July 12, 1993, James Penman, City Attorney, requested that the Mayor and Council adjourn to closed session to discuss San Bernardino & Rialto Firefiqhters. Local 891. et al vs. citv of San Bernardino. et al - San Bernardino Superior Court Case No. SCV 04574; and that the Mayor and Council discuss and take possible action on the transfer of the paramedic program to private enterprise. City Attorney Penman stated that on July 19, 1993, the Mayor and Council would be conducting a public hearing relative to the city providing emergency medical-transport services. He provided a synopsis of the action taken relative to the City operating an emergency medical transport-service, and cautioned the city to 12 7/12/93 proceed in a legal manner. Discussion ensued relative to the possibility of potential litigation, and whether the City has considered all available avenues such as privatization of the paramedic program. city Attorney Penman recommended that the San Bernardino & Rialto Firefighters Local public hearing on July 19, 1993. City meet with the 891 prior to the Discussion ensued relative to the placement of the paramedic program on the agenda. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller, that the transfer of the paramedic program to private enterprise be continued to July 19, 1993, in the Council Chambers of City Hall, 300 North "0" street, San Bernardino, california; and that the Mayor be directed to appoint a representative to meet and confer with San Bernardino and Rialto Firefighters, Local 891, regarding the possible transfer of the paramedic program to private enterprise. The motion carried by the following vote: Members Negrete, Oberhelman, Pope-Ludlam, Miller. Abstain: Council Member Hernandez. Absent: Curlin. *Fifth Ward Office Vacant Ayes: Council Nays: None. Council Member RECESS MEETING - CLOSED SESSION (1) At 12:06 p.m., the Mayor and Common Council recessed to closed session for the following: a. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b) (1), as there is significant exposure to litigation; b. based on existing facts below, the City Council whether a closed session California Government Code and circumstances, set out is meeting only to decide is authorized pursuant to Section 54956.9(b) (2); c. to confer with the litigation pursuant 54956.9(c), so that initiate litigation; attorney regarding pending to Government Code Section Council may decide whether to d. to consider personnel matters pursuant to California Government Code section 54957. 13 7/12/93 e. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the pUblic's right of access to public services or public facilities pursuant to Government Code Section 54957; f. to give instruction to the city's negotiator on the purchase of property pursuant to Government Code section 54956.8. The real property which the negotiations concern is generally located at The identity of each person with whom negotiations are authorized is: ; g. to meet with an applicant for a City license and the applicant's attorney pursuant to Government Code section 54956.7; h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code section 54957; i. to confer with the attorney regarding litigation pursuant to Government Code 54956.9 (a) which has been initiated formally the city is a party as follows: pending section to which San Bernardino & Rialto Firefiqhters. Local 891. et al vs. citv of San Bernardino. et al - San Bernardino Superior Court Case No. SCV 04574. CLOSED SESSION At 12:06 p.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark; city Administrator Shauna Clark. Absent: Council Member Curlin. *Fifth Ward Office Vacant Also present: Steinhaus, Agency Director, Economic Senior Assistant City Attorney Morillo; Tim Administrator, Kenneth Henderson, Executive Development Agency/Development Department. AGENCY ADMINISTRATOR TIM STEINHAUS & EXECUTIVE DIRECTOR KENNETH HENDERSON EXCUSED At 1:11 p.m., Agency Administrator Tim steinhaus and Executive Director Kenneth Henderson left the closed session. 14 7/12/93 ADJOURN CLOSED SESSION At 1:35 p.m., the closed session adjourned to the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 1: 36 p.m., Mayor Minor reconvened the adjourned regular meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Pope-Ludlam, Miller; city Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Curlin. *Fifth Ward Office Vacant ANNOUNCEMENT - MAYOR MINOR - PROPERTY ACQUISITION (1) Mayor Minor announced that the Mayor and Council, in closed session, approved the acquisition of property from Cliff Carel & Associates, parcel numbers 135-181-65 and 135-181-66 located at Third Street, between Waterman Avenue and Sierra Way. FISCAL YEAR 1993/94 BUDGET REVIEW (2) City Attorney Penman provided a synopsis of the city Attorney's Office budget-reduction measures, and requested an additional $1,029,288 to fund litigation expenses for fiscal year 1993/94. He explained options A and B noted on his memoranda dated July 12, 1993 and April 19, 1993. Jeff support services. Wright, P. O. Box 2341, in the City providing San Bernardino, CA, expressed emergency medical-transport In conclusion, the Mayor and Council approved the following budget-reduction measures: 1. Establish Vacancy Factor 2. Reduce Booking Fees Budget 3. Reduce Meetings & Conferences Funding 4. Low Income Water Rebate Program 5. Apply Utility Users Tax to Wireless Cable 6. Transfer from Asset Forfeiture Fund 7. Transfer from Street Light/Street Sweeping Fund - Billing Clerk 8. Transfer from Street Light/Street Sweeping Fund - Administrative Costs 9. Transfer from Ridesharing Fund 10. Reduce civic & Promotional Funding 15 $200,000 50,000 17,000 10,000 85,000 75,000 21,400 120,000 15,000 139.200 7/12/93 TOTAL: $732,600* -------- -------- As a result of the City Attorney's for litigation expenses, there shortfall in the General Fund. request for $1,029,288 remains a $1,124,288 council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, and unanimously carried, that the fiscal year 1993/94 budget review be continued to August 2, 1993, in the Council Chambers of city Hall, 300 North "0" street, San Bernardino, California. ADJOURNMENT At 1:50 p.m., Mayor Minor July 19, 1993, at 8:00 a.m., Hall, 300 North "0" street, San (4) adjourned the meeting to Monday, in the Council Chambers of City Bernardino, California. RACHEL CLARK city Clerk I (; By ~a",<-X-<? ~.uJ S z nna Cordova De?uty City Clerk No. of Items: 4 No. of Hours: 5 16 7/12/93