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HomeMy WebLinkAbout06-30-2008 Adjourned Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor PtIlrkk J. Morris Council Members: Esther Estrada De1lTlis J. Baxter Tobin Brinker Neil Derry ChIJs Kelley Rikke Van Johnson Wendy McCammlJck MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING JUNE 30, 2008 COUNCIL CHAMBERS 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 adjourned regular meeting of the Mayor and Common Council and Community Development Commission held at 5:30 p.m., Wednesday, June 25, 2008, 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 Wednesday, June 25, 2008, and has on file in the office of the City Clerk an affidavit of said posting which was posted at 12:30 p.m., Thursday, June 26, 2008, on the City Hall breezeway bulletin board. 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 4:41 p.m., Monday, June 30,2008, 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, Derry, Johnson, McCammack; City Attorney Pemnan, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner Kelley. 1 06/30/2008 Council Member/Commissioner Kelley Arrived at 4:45 p.m. 1. Closed Session A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): San Bernardino City Professional Firefi2hters, Local 891 v. City of San Bernardino; San Bernardino Fire Department, et al. - San Bernardino Superior Court Case No. CIVSS 807685; 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) (I), (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: Ne20tiator: Linn Livingston, Human Resources Director Employee Or2anization(s): General Unit Middle-Management San Bernardino Confidential Management Association Fire Fighters Local Union No. 891 San Bernardino Police Officers Association 2 06/30/2008 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 No. 1B, significant exposure to litigation: Claims of Jose Figueroa, Maria Jauregui, Javier Jauregui; Claims of Fernando Dominguez Sanchez, Erika Rangel Miguel and Estate of Saydi Dominguez Espejel; Claim of Maurice Wood5; and One Case. 2. Budget deliberations - Fiscal Year 2008/09 - discuss and take possible action concerning proposed City and EDA budgets City Manager Wilson provided a recap of the proposed 2008/09 budget. He advised that said budget was delivered to the Council around June 1, and had a projected budget deficit of $17.3 million. He cited two main factors for the deficit: 1) A dramatic reduction in the City's sales tax due to the economic slowdown across the U.S. and the Inland Empire; and 2) the City's steadily increasing costs for personnel. Mr. Wilson advised that a three-part strategy had been developed to address the budget deficit, as follows: 1. A proposed series of budget reductions and revenue enhancement measures that total about $12.4 million, which would include holding about 75 full-time positions vacant and potentially laying off up to 13 full-time employees. 2. Revenue enhancement measures, including the possibility of a utility user's tax on the City of Riverside's properties; a hotel or bed tax increase; a business license on warehouses; and a possible new tax connected with the 911 communication fee. 3. Sharing the cost with the City's employee groups. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Connnissioner Johnson, to accept the proposed department budget reductions as recommended by staff. (Note: A substitute motion was made later in the meeting.) 3 06/30/2008 Council Member/Commissioner Derry stated he would not vote for removal of the four-person staffing from the engine company in the Fire Department, and he had a problem with leaving two district administrative sergeant positions and three detective positions unfilled in the Police Department. Council Member/Commissioner Estrada requested that a running total of the lost savings be computed as the Council pulled various items from the list of proposed budget cuts, since those funds would have to come from some other source at some point in time. Mr. Wilson advised that the Fire Department item equated to $1.48 million and the Police Department items amounted to $653,000. Council Member/Commissioner Kelley stated that he concurred with Council Member/Commissioner Derry. He stated that in the proposed budget for 2008/09 there were Measure Z funds earmarked for law enforcement personnel and law enforcement equipment; and there was a reserve for future costs of $1,660,800, which would more than adequately cover those positions. He stated he could not support any budget that cuts public safety. He reviewed the four items that he thought it was important for a City to do: I) provide for public safety, which is police, fire, and code enforcement; 2) maintain the parks; 3) pick up the trash; and 4) maintain the streets. Council Member/Commissioner McCammack stated that she was not in support of dipping into the reserves unless they absolutely have to. She stated that she thought there were other ways to make this budget manageable, and she thought they would find the money. She stated that there were some positions in the document which should not be released; and if they were going to talk about releasing some of these positions, they would also have to take away the revenue some of these positions may have generated. She stated she did not want to see the fire engine company released. She was also against releasing four code enforcement officers. She stated that she understood these positions would be shifted into the single-family rental housing program; however, that still resulted in four less officers doing the job everywhere else. She stated the figure for those code officers was $324,000, and she knew there was a revenue projection to match that. Ms. McCammack stated that there should be another column of figures relative to the drop or increase in revenue created by the removal or addition of positions. She stated that if they were going to do pulls, they needed to address the revenues that mirrors them. 4 06/30/2008 Council Member/Commissioner McCammack expressed concern about removing any Development Services personnel, especially since it takes so long to get projects through the system as it is. She stated that before any people are released from the Development Services Department she would like to know if there is a way that some of those employees can be shifted. She added that if the people are gone, then the work is not getting done; and she felt that she needed to get more information to understand exactly what each of those reductions in service would actually mean to the department. Ms. McCammack stated she was not comfortable closing community centers and she wanted to be sure that the actions listed for Parks and Recreation would not result in closing a community center. Mayor/Chairman Morris stated that he thought the proposal was to reduce the hours of the community centers. Council Member/Commissioner McCammack stated that in reviewing expenditures under $25,000, it was apparent that in many cases the City is not pumping money back into our own city, but instead are sending it to other cities. She advised that every month the City spends about $450,000 without any kind of a review process that would allow Council members to insist they start using local vendors. She stated that she wanted this Council to make a policy and send it to Legislative Review Committee, or do whatever was necessary to ensure departments start spending within our own city. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the policy regarding where the City buys its goods and services be referred to the Legislative Review Committee for review. It was noted that there was already a motion on the floor and the Mayor stated he would not receive the motion until the budget discussion was finished. Council Member/Commissioner Estrada asked what percentage of the budget the safety units constituted. Mr. Wilson advised that the Police Department budget is about $69.6 million and the Fire Department budget is about $34.3 million, equaling about $104 million, or 68 percent of the total budget. 5 06/30/2008 Ms. Estrada noted that all the other departments in the City make up the remaining 32 percent of the budget. She acknowledged that the most important thing is public safety; however, there has to be some kind of equity in terms of what the non-safety departments are asked to cut and their percentage of the total budget-that if the larger, more costly departments are not contributing a greater share of those funds, the City will end up without a Parks Department, without street maintenance, etc. She stated that this really concerned her because she didn't think that the Council was in a position to say they were going to balance this budget at the expense of all the other services. She stated that the public needed to know some of this information in terms of what the City is facing, and if they have to make cuts, and those cuts are not borne equitably by all the departments, then they will have to let go of some other services. Council Member/Commissioner Kelley stated that his objection to the document in front of the Council today was in regard to police and fire services. He referred to page 9 of the large budget book relative to the proposed Measure Z budget for 08/09. He stated that he believed there were a couple of numbers there that could be looked at to make sure that they protect the Parks Department and the Public Services Department. He stated that the beginning fund balance today was $808,000; and there was $1,660,800 that they could use towards police officers out of the proposed Measure Z dollars, ensuring no additional cuts to other departments and making sure that they can fill those positions that Council Member/Commissioner Derry articulated in his first comments. He stated that the dollars were there to cover at least the Police Department. Council Member/Commissioner Brinker pointed out that the City's cable TV channel costs $350,000, and in this budget it was suggested that cost be switched from the General Fund to the Economic Development Agency; however, it's still money that is being spent. He suggested closing the TV station and contracting with Valley College to have them film the Council meetings-costing the City a lot less. He stated that in the past they had also looked at doing a web-based program, and that could also be done for a lot less money. He stated that he thought they should consider closing the TV station and not transferring that expense over to EDA. Mr. Brinker stated that secondly he wanted to talk about the libraries and possible closure of some of the branches. He stated there were three main arguments that he wanted to put forward in order for everyone to understand why he was talking about this. 6 06/30/2008 First, the City is facing a $17.3 million budget shortfall, and cutting libraries has to be looked at in the context of all the other proposed cuts. He noted that one of the things the Council was being asked to do was essentially to get rid of a fire station. The way he looked at that was if the paramedic doesn't show up on time, someone dies-and he wasn't sure he was comfortable with that. However, if a library isn't open, he would be sad, but nobody's life is lost. Secondly, he stated that they must specifically examine the libraries to determine the quality of services that they are getting for the $3 million that they annually spend. He asked whether they could do more with less, and whether there was a better model for running the libraries. He pointed out that we live in the year 2008, and technology has changed the world-that there are a lot of things that they could be doing differently that would improve services and reach more people for a lot less than what they are currently spending. The third item Council Member/Commissioner Brinker put forward was that if they are determined to protect the libraries, then they have to ask what they are willing to do to ensure their long-term health and to ensure that every area of the city has access to the services. He reminded everyone that this community has twice before gone out and tried to get bonds to improve the libraries and they failed. Council Member/Commissioner Brinker spoke in great detail regarding his second concern-that of examining the libraries to determine quality of service. He noted that books are very plentiful and easy to come by; he discussed taking books from the libraries and creating a system of rotating small collections in our community centers/parks; the need to move away from so many books and on to digital media; partnerships with local businesses to host a traveling collection; and kiosk libraries in apartment and mobile home recreation rooms. He stated that as he saw it, there were three options: One, they can maintain the status quo-keep the four libraries, forcing cuts to other essential services; or A second option would be to reduce services dramatically in the libraries for a period of time and come back with a plan to expand services for the whole city; or The third option would be to go to the voters for a third time and ask them for additional funding for the libraries. Council Member/Commissioner Johnson stated that everybody in the city desires to have their quality of life issues addressed by the City. He stated that he felt that every service that our City provides from police to parks and 7 06/30/2008 recreation is essential to our city-that every service from fire to libraries is necessary to achieving quality of life in our city. He pointed out that in our city we have four libraries, and all of our libraries are busy. Number one is Feldheym Library as far as the number of patron visits, Inghram is number two, Villasenor is number three, and Rowe is number four. Mr. Johnson stated that one of the issues that has disturbed him as they have journeyed through this budget process is that they selected certain facilities- community centers, libraries-to close or cut service to; and these places are located on the west side of town. He stated that they can't attempt to balance this budget on the backs of a community that is statistically one of the lowest in sOcio-economics in our city. According to Mr. Johnson, the City's staff and the budget ad hoc committee labored long and hard to bring forward a number of suggestions to cut into the $17.3 million General Fund deficit, and they were not going to agree on all of the issues. He stated that these suggestions were difficult, but necessary in order to bring down the budget deficit-that they had attempted to make the total department reductions directly proportional to the percentages of department expenditures, and in some areas they were successful and in other areas they weren't. He stated that bottom line, there should be no sacred department where they should not look to cut-that the City is in for a tough year, and the prognosticators indicate that next year will be more of the same-maybe even worse. Council Member/Commissioner Baxter stated that he has worked for 40 years as a commercial broadcaster. He stated that Channel 3 will and can become an excellent revenue stream through underwriting and advertising. He stated he had vetted this through FCC Federal Communications attorney, Harry Martin, in Washington, D.C. In addition, he asked City Attorney Penman if this, in fact, was something the City could do, and Mr. Penman replied in the affirmative. He stated that right now they have the opportunity to have a revenue stream on Channel 3-to take the technology that his counterpart suggests is webstreaming and, as a company, webstream all of the City Council meetings for free. He advised that it's very important that they not only maintain it, but that they continue to use it as a revenue stream. He stated that Channel 3 staff actually go out and do the Chino Hills Chamber of Commerce meetings and they go up to Barstow, and they are already bringing in revenue. Council Member/Commissioner Estrada spoke regarding the closure of libraries, stating that she took great exception to that recommendation because she thought they needed to do everything that they could to help improve the qnality of life in our community. She stated that one thing she absolutely knew for sure was that in our community there are many low-income families who do 8 06/30/2008 not have computers or the internet or anything like that, and their kids depend on the computers at school when they are in school, but when they are not in school they depend on being able to go to the library and use the computers at the library . Council Member/Commissioner McCammack stated that the cost of $750,000 a year for each library is a bargain-that it costs $1 million per year to operate an Operation Phoenix Center, yet many more people are served through the libraries. She stated that over an ll-month period Inghram Library alone had 151,000 visits with 24,000 computer sessions. She asked how many kids would not graduate from high school or be tmant if they didn't have an opportunity to go to a library and do their homework and use the computer. She stated that they had talked in terms of dollars and cents, but they had not mentioned the social aspects of it, which were too great to account for. She stated that $3 million was chump change for four libraries, in comparison to some of the other revenues that were being completely overlooked; and ascertained that, sadly, there were sacred departments in the budget. She stated that she would not vote to close the libraries. Council Member/Commissioner Kelley stated that he wanted to ask those who wanted to consider one section of the city over another section of the city to be mindful that they are one city; and they have a responsibility to all of the children, to all of the seniors, and for advocating for all of their residents. He stated that that was the reason he supported so strongly the mobile library unit that would provide library services to all segments of the city, but had been inunediately proposed to be axed during the budget process. He stated that he would like this Council to understand that they are one city and not seven different sections and be mindful that there are areas of this city that do not have a community center, that do not have a library or pool services, and haven't had these things for over 35 years and longer. He stated that the time has come for them to think as one city, and there is a solution to provide library services for the entire city with an investment of $196,000 for a mobile library unit that will service the entire city-every neighborhood, every Operation Phoenix area, and all of the residents of this city. Mayor/Chairman Morris stated that the libraries have been flat lined for as long as he could remember-that they barely get by with the budget the Council has allocated for library services. He stated he could recall a year in which the library purchased no new books because the budget was so sparse; and as Mr. Baxter pointed out, they closed a branch in the Perris Hill Park-a branch that has not reopened for lack of funding. He stated that Mr. Brinker raises a very important point and that is, we have to think anew about how we do this and the required resources with which to do it. He noted that there are new dynamics out there in terms of library services being offered by cities across this nation. He stated that last year the City went 9 06/30/2008 out and did a master plan for our parks, and that has given them a set of guidelines with which they can move ahead to define a new generation of park services to the members of this community. He suggested that the same kind of mapping is required for library services; and they ought to engage in a community-wide conversation, as Mr. Brinker suggested, about libraries. He noted that there are different funding mechanisms available; and spoke regarding the "disconnect" that exists nnder the Charter, which dictates that the City have a Library Board, and they allocate dollars to that Board, which in turn has the responsibility of overseeing the allocation of those dollars to the highest and best purposes for libraries. The problem is, there is a disconnect between those budgeting at this table and those allocating at that table. Mayor/Chairman Morris stated that they needed to have a serious conversation about how to rebuild a library system. He noted that they've got a library system basically on oxygen-on life support-and asked how they could make it a robust system that serves the entire community, and that is modem in its configuration as it serves a new generation of nsers. Another question is how to, and where to locate these services. He stated that all this requires some serious long-term discussion. Council Member/Commissioner Brinker stated that he thought the Council needed to task the Library Board to begin to make these changes-to do this master plan that the mayor suggested. He suggested that they set a goal for themselves to have ten libraries for the City's bicentennial, which he thought was doable. He stated that he was not talking about a massive library like they just did in Fontana. He stated that San Bernardino is over 60 square miles-a massive city that is spread out and needs lots of little internet kiosk-type libraries all over the place. He stated that if they don't step up and do it right, then it's just wasted money. Mayor/Chairman Morris noted that the Council members had had an opportunity to place before the Council a number of issues regarding the budget reduction plan, and as they looked at the recalculated numbers, they were now left with a proposed budget reduction plan totaling $10,281,200. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council approve the proposed department budget cuts submitted by the City Manager, excluding those items identified and pulled by Council Member/Commissioner McCammack and taking into consideration the line item regarding the Measure Z fund balance, for a revised total budget reduction of $10,281,200. (Note: The vote was taken following discussion and public comments regarding the budget.) 10 06/30/2008 She stated that she would also like to ask that they come back next Monday night and talk a little bit more about the Police Department's reorganization plan. City Attorney Penman, speaking to the motion, stated there were some legal issues involved in some of the cuts. For instance, the engine companies, as was indicated in the notes, was a meet and agree item. Several other items required a meet and confer. He stated that as a general rule, if you are taking something away, especially employees, you have to ask whether it will affect the working conditions of the other employees. If the answer is "yes" you need to meet and confer. Mr. Penman reviewed several pages of the proposed budget cuts with the Council, particularly those items involving personnel. Linn Livingston, Director of Hnman Resources, advised that she and her staff had met and conferred on all of the budget cuts with every group except the firefighters. Council Member/Commissioner Brinker stated that he wanted to make sure that they were holding off on making a decision about the TV station. He stated that he had asked privately, and now publicly, that the City Manager come back to the Council with some costs relative to contracting out for the Council meetings with KVCR, or the cost of doing it online, so they would know what the alternatives are instead of spending the $350,000 to have their own TV station. Council Member/Commissioner McCannnack stated she was not willing to amend her motion to hold off on that. The following individuals spoke regarding budget issues: Ms. Lee, 1578 W. Gilbert, San Bernardino, CA, stated that every time there needs to be a budget cut it seems to be on the Westside, and she wondered why that was. Pastor Ray Turner, 3193 N. Mayfield Avenue, San Bernardino, CA, stated that the Council had expressed a desire for one San Bernardino; however, that was not the current reality. He expressed support for some of Council Member Brinker's suggestions relative to the libraries, stating that the time to do these things was before the libraries are cut from the budget. He challenged the Council to look at the sacred cows and questioned how long it took for public safety to become almost 70 percent of the City's budget. 11 06/30/2008 Nelson Glass, 2371 Davidson, San Bernardino, CA, stated that he lives on the east side of the 215 and it is not equal to the west side of the 215, and until they do make them equal, we will never be one city. He stated that closing libraries was not the answer and spoke regarding a duplication of service between AMR paramedic services and Fire Department services. Jess Biggers, 762 Rosalind, San Bernardino, CA, spoke regarding the frustration of residents on the Westside, stating that if we were really one city, every department would be willing to bear their fair share of the burden. Thomas Rennard, 3883 Valencia, San Bernardino, CA, secretary of the Library Board, stated that on three different occasions they have considered the budget, but they have never considered closing a branch library. He stated that the Verdemont and Del Rosa areas desperately need a branch, that the Board would try to think outside the box, and expressed support of a master plan for the libraries. He reiterated that the Board has never felt it was a good idea to close down a branch. Lita Pezant, 577 North "D" Street, San Bernardino, CA, stated that the City had tried to pass a measure or a bond for fmancing the libraries, and it actually received a majority of the vote-55 percent. Even though it didn't meet the two-thirds criteria, the majority of the people in the city of San Bernardino did say they wanted libraries. She stated that because it was written against property taxes, they had to meet the two-thirds criteria, whereas Measure Z was written against general taxes and it only had to meet the 50 percent plus one criteria. She stated that if a measure was written for the libraries she hoped it would be written against general taxes and that it would be written in such a way that no more than 25 percent could be used to supplant. Final1y, she noted that the library has been proactive, having received State money and also writing grants for funding. The substitute motion made by Council Member/Commissioner McCammack, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council approve the proposed department budget cuts submitted by the City Manager, excluding those items identified and pulled by Council Member/Commissioner McCammack and taking into consideration the line item regarding the Measure Z fund balance, for a revised total budget reduction of $10,281,200 carried by the following vote: Ayes: Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: Brinker. Absent: None. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that discussion of a policy to purchase locally be referred to the Legislative Review Committee. The motion carried unanimously with all members present. 12 06/30/2008 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that discussion of Channel 3 be referred to the Ways and Means Committee. The motion carried unanimously with all members present. 3. RES. 2008-255 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the City of San Bernardino to establish 2008-2009 expenditures for the month of July, 2008 only, at one- twelfth the actual levels contained in the adopted budget for the 2007-2008 Fiscal Year, or as needed to pay the authorized costs incurred for the month of July, 2008 only, pending fmal approval of the 2008-2009 budget, and continuing the consideration of the City of San Bernardino's fmal budget for Fiscal Year 2008-2009 and establishing the City's appropriation limit as required by Article XXIII B of the California State Constitution. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2008-255 was adopted unanimously with all members present. R4. Economic Development Agency budget - Fiscal Year 2008-2009 Note: Resolution R4E was not distributed with the back-up materials. Resolution of the Community Development Commission of the City of San Bernardino, California, approving the Economic Development Agency's ("Agency") budget for the Fiscal Year 2008-2009 with any such amendments, changes and modifications that may be specifically authorized by said Commission, except for those portions of certain budget lines which are related to the Uptown Redevelopment Project Area. (R4A) Resolution of the Community Development Commission of the City of San Bernardino, California, approving the Economic Development Agency's ("Agency") budget for those portions of certain budget lines which are related to the Uptown Redevelopment Project Area for the Fiscal Year 2008-2009 with any such amendments, changes and modifications that may be specifically authorized by said Commission. (R4B) Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the funding of various City of San Bernardino Fiscal Year 2008-2009 public improvement expenditures and making fmdings and determinations as to the benefit to the various redevelopment project areas for undertaking public improvements in counection with these various City expenditures. (R4C) 13 06/30/2008 Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the funding of various City of San Bernardino Fiscal Year 2008-2009 public improvement expenditures and making findings and determinations as to the benefit to the various redevelopment project areas for undertaking public improvements in connection with these various City expenditures. (R4D) Resolution of the Community Development Commission of the City of San Bernardino Adopting Expenditure Levels for July, 2008 at the same Expenditure Levels As Set Forth in the 2007-2008 Budget. (R4E) RES. CDC/2008-21 - 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 2007-08 Fiscal Year, with allowance for those budgeted items having prior Commi""ion approval, pending fmal approval of the 2008-09 budget. (R4F) RES. CDC/2008-22 - Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the Economic Development Agency to continue expenditures for those portions of certain budget lines, which are related to the Uptown Redevelopment Project Area, at the budgeted level for the 2007-08 Fiscal Year, with allowance for those budgeted items having prior Commission approval, pending fmal approval of the 2008-09 budget. (R4G) Council Member/Commissioner McCarnmack made a motion to adopt Resolution R4A. Council Member/Commissioner Estrada stated that she would prefer to adopt a continuing resolution until the City's budget was also finalized. The motion failed for lack of a second. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Kelley, to adopt Resolution R4E, with the exception of the Uptown area. Special Counsel Sabo stated that in anticipation of this issue with Uptown, he had two new forms of continuing resolutions that would match what was on the agenda and basically take the place of Resolution R4E. He stated that the first resolution (referred to as R4F) excluded the Uptown area; and the second resolution (referred to as R4G) included the Uptown area. 14 06/30/2008 Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Baxter, that full reading of resolution R4F be waived, and that said resolution be adopted. The motion carried and Resolution No. CDC/2008-21 was adopted. Ayes: Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Kelley. At this time Council Member/Commissioner McCammack declared a conflict because she owns property in the Uptown area and left the dais. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that full reading of resolution R4G be waived, and that said resolution be adopted. The motion carried and Resolution No. CDC/2008-22 was adopted. Ayes: Estrada, Baxter, Brinker, Derry, Johnson. Nays: None. Abstentions: McCammack. Absent: Kelley. R5. Amendment to the Economic Development Agency's Fiscal Year 2007-2008 Budget RES. CDC/2008-23 - Resolution of the Community Development Commission of the City of San Bernardino, California, approving an amendment to the Economic Development Agency's ("Agency") Fiscal Year 2007-2008 Budget to allow for carry-over tax increment fund balances and Golf Course Lease funds to be used for eligible fIScal year 2007-2008 City adopted expenditures. (RSA) RES. CDC/2008-24 - Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the funding of varions City of San Bernardino Fiscal Year 2007-2008 public improvement expenditures and making fmdings and determinations as to the benefit to the various redevelopment project areas for undertaking public improvements through prior City expenditures. (RSB) RES. 2008-256 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the funding of various City of San Bernardino Fiscal Year 2007-2008 public improvement expenditures and making fmdings and determinations as to the benefit to the various redevelopment project areas for undertaking public improvements through prior City expenditures. (RSC) 15 06/30/2008 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that full reading of the resolutions be waived, and that said Resolutions A-C, be adopted. The motion carried and Community Development Commi...'lion Resolution Nos. CDC/2008-23 and CDC/2008-24 and Mayor and Common Council Resolution No. 2008-256 were adopted. Ayes: Estrada, Baxter, Brinker, Derry, Johnson, McClImmllck. Nays: None. Absent: Ketley. 3. Adjournment At 8:15 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 7, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By: Lpw Linda E. Hartzel Deputy City Clerk 16 06/30/2008