Loading...
HomeMy WebLinkAbout08-06-2008 Jt. Adj. Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Neil Derry CIws Kelley Ri/oce Van Johnson Wendy McCommack ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING AUGUST 6, 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 4:36 p.m., Wednesday, August 6, 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, Kelley Johnson, McCammack; City Attorney Penman, City Clerk Clark, Assistant City Manager Sassoon. Absent: None. Council Member/Commissioner Derry was excused at 5:46 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). 1 08/0612008 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: City Manager Position Director of Code Enforcement 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. City Attorney Penman announced that the following additional cases would be discussed in closed session: Under Agenda Item No. lA, Existing Litigation: Omnipoint Communications, Inc. doin~ business as T-Mobile v. City of San Bernardino, et al. - United States District Court Case No. CV08- 01881GAF (OPx); Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 07-01027SGL (OPx); 2 08/0612008 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; Michael Desrochers and Steve Lowes v. City of San Bernardino et al. - San Bernardino Superior Court Case No. CIVSS 708367; and Under Agenda Item No. lB, Significant Exposure to Litigation: One case. Bridgett Washington, San Bernardino Public Employees Association, reminded the Council that during budget negotiations the "furlough option" was presented to the General Unit; however, the reason they did not accept it was because the City would not guarantee that there would be no layoffs of any General Unit employees. Mike Yandell, President of the General Unit, spoke regarding the proposed layoffs in the Police Department and the impact it would have on department operations. He suggested that the Council consider balancing the budget with savings rather than layoffs. 2. Budget deliberations - Fiscal Year 2008/09 - discuss and take possible action (Continued from July 31, 2008) Lori Sassoon, Assistant City Manager, provided a recap of the budget process to date. She also distributed the following documents to the Mayor and Common Council: . Memorandum to the Mayor and Common Council dated August 1, 2008, regarding Summary of Budget Actions to Date (yellow sheets); . Additional Proposed Budget Reductions dated August 6, 2008 (green sheets) ; . Memorandum to the Mayor and Common Council dated August 5,2008 regarding Options Regarding Take-Home Vehicles (salmon sheets); . San Bernardino Police Department Analysis of Helicopter Services (pink sheet). Ms. Sassoon advised that the process began with a $17.4 million deficit, and the yellow handout recaps the actions taken to date to reduce that deficit. She noted that the reductions included 65 vacant positions, 5 filled positions, and 4 part- time positions, equating to a total of 70 full-time positions to be held vacant for fiscal year 2008/09. She added that the grand total of budget cuts approved to date total $13,327,700-leaving a current budget gap of approximately $4 million. 3 08/06/2008 Ms. Sassoon advised that staff had been working with all of the employee groups to look at ways to share costs with the employees in order to mitigate the need for further reductions. Unfortunately, as of this date, they had not been able to reach agreement with any of the groups except for the Management- Confidential group, which has taken a 5 percent reduction in pay. Therefore, staff had been forced to propose additional budget reductions, which were outlined on the green sheets. She stated that these reductions included a total of 14 additional layoffs and 8 vacant positions, for a total of 22 additional full-time positions. If those are approved, that will bring the total number of full-time positions held vacant to 92. She added that if all of these measures (on the green sheets) are ultimately adopted by the Mayor and Council, it would provide an additional budget savings of $1,897,400, leaving the current deficit at $2,137,800. She advised that the sahnon sheets contained information regarding take-home vehicles-something that was requested by the Council at a previous meeting. She stated it was not an issue for tonight, because if this was something they were going to pursue it would require meet and confer with the affected bargaining groups. Since the Council had just received this information, she suggested that it be considered at the next Council meeting. Ms. Sassoon stated that the Council had also requested information regarding "pay to stage" operations and was also looking at closing the City jail facilities. She suggested that information on these items be brought forward at the next Council meeting also. With regard to the police helicopter contract, the Council had asked for additional information, and this information was on the pink sheet that had been distributed. She noted that the police helicopter contract is currently funded with Measure Z funds, and she thought that was something the Council should be aware of. She stated that the Police Department and the Chief clearly believe that the helicopter is an important safety tool and they are not recommending that it be eliminated. She noted that an item to be discussed at a future meeting would be the concept of a City-operated tow facility, which had been broached early on. She stated that this was something the Police Department had been working on for quite some time and was doing some analysis of those opportunities. She stated that preliminarily it looks like it might be a very lucrative opportunity. She stated that she did not believe this was something that could be counted on for 2008/09, but was something they could pursue for next fiscal year. She stated that staff would probably bring that back to the Council through Ways and Means Committee. 4 08/06/2008 Ms. Sassoon pointed out that every day the City goes without adopting additional budget reduction measures it becomes more and more difficult to close that gap. She stated that next year is not going to be any better-that the state of the economy is not news to anyone. On the expenditure side there are six costs that continue to grow, including next fiscal year when there will be a full year of costs for the 3 percent @ 50 benefit for safety employees. In addition, there are increased costs associated with the Class and Comp Study for the miscellaneous employees; which is great on the one hand because it helps to recruit and retain good people, but from the expenditure perspective it poses another budget challenge. She stated that the more reductions that can be made in the current year, will help the situation for next year. There is also the cost of the 2.7 percent @ 55 retirement benefit that actually started in the current fiscal year for non-safety employees, which costs approximately $2 million per year. She closed her comments by stating that it was the recommendation of the City Manager's office to approve the list of additional cuts listed on the green sheets. Council Member/Commissioner Estrada asked Ms. Sassoon to briefly address the issue of the furloughs-what that would have meant to this budget and the issue of the different bargaining units and their contributions to the overall budget situation. Ms. Sassoon reiterated that staff had reached an agreement with the Management-Confidential group and had implemented a 5 percent pay reduction for that group. She stated that the Fire Safety group still remains pending-that they are proceeding with their financial review of the City and she was not aware when that was scheduled for completion. However, they have indicated that they intend to meet with staff again. She stated that there had been a number of very productive meeting with the Police Officers Association, but in the end they were not able to reach agreement. Regarding Mid-Management and the General Unit, staff did work with them on a furlough program which was essentially a 5 percent pay reduction in exchange for some furlough time off, but they were not able to reach agreement with those groups either. Council Member/Commissioner Estrada noted that whatever reductions the Council made today, or continued to make in personnel, could have been spared had these other matters been addressed-the furloughs, the 5 percent reduction in pay by fire and police-had those ideas materialized and contributions been made to this deficit budget, the Council would not be considering these additional personnel cuts. She questioned the fairness of balancing this budget on the backs of just a select few, who in many cases earn less money than some of those not contributing. She stated that the whole purpose of the budget committee was to try to find ways of balancing this budget in a fair and equitable way, and at this point in time she did not feel that it was being done in a fair and equitable way for all City employees. 5 08/0612008 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council adopt the Additional Proposed Budget Reductions dated 8/6/2008 for a total of 22 personnel (14 layoffs and 8 vacancies held) for a reduction of $1,897,400. The vote was taken following discussion. Ken Fischer, Director of Public Services, explained how the cuts proposed for his department would impact the services of the department. Ms. Sassoon added that the vast majority of the reductions that staff has been forced to look at will, unfortunately, impact the levels of service the City can provide. She stated that this is not a unique situation-that neighboring cities are all having to take very similar actions to some degree or another. She stated that the strategy has been to try and preserve services at least at minimum levels. Council Member/Commissioner Baxter asked whether the people that are going to be laid off would be the first hired if money becomes available, or if the economy changes. Ms. Sassoon replied that there is provision in the Civil Service rules that exactly requires that-those who are displaced go on the rehire list and for a certain amount of time are entitled to those positions. She added that staff had made every effort to place these folks in other positions. Council Member/Commissioner McCammack mentioned three items that she felt merited a second look or additional discussion before voting to approve more layoffs, as follows: 1. The City's current take-home vehicle policy. According to Ms. McCammack, currently reimbursement by the employee is 19.1 cents per mile; however, after the employee deducts off their tax return what they are entitled to get from the IRS, which is 50.5 cents per mile minus the 19.1 cents, they have just made money on the City by taking these cars home. 2. The Police Department helicopter. Ms. McCammack stated that she was in compete agreement that a helicopter over the city is an incredible public safety tool. She questioned the reality of losing more employees through layoff versus taking advantage of the free sheriff s helicopter service that is available, thereby saving some of these employees. 3. The amount of money the Council has allocated for the non-public safety portion of Operation Phoenix. 6 08/06/2008 Ms. McCammack stated that these three items alone could almost fix the remaining deficit. In addition, the Budget Ad Hoc Committee had brought forward other ideas for saving additional monies, but there had been no follow- through. She stated that she thought that was why there had been some "push- back" from some of the employee groups-they just didn't believe the City had done everything it could to cut out luxuries-the paid helicopter as opposed to the free helicopter-the take-home vehicles without some type of reimbursement, etc. The motion that the Mayor and Common Council adopt the Additional Proposed Budget Reductions dated 8/6/2008 for a total of 22 personnel (14 layoffs and 8 vacancies held) for a reduction of $1,897,400 carried. Ayes: Estrada, Baxter, Brinker, Kelley, Johnson. Nays: McCammack. Absent: Derry. Ms. Sassoon stated that it may be worthwhile after the month of August to actually convene the Budget Ad Hoc Committee in the Fall and begin to work through some of those remaining issues still on the table. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council consider the request to have the take-home cars handled by the employees that are taking those cars home outside of the current City policy, that the City charge them for those cars at the going mileage rate (50.5 cents per mile). No vote was taken. Mayor/Chairman Morris noted that this may be a meet and confer item. City Attorney Penman stated that before any decision could be finalized they would have to meet and confer. Council Member/Commissioner McCammack stated that she thought the meet and confer had already occurred on this item with the chief negotiator because she was told by the Police Officers Association that this was exactly what was discussed in their last meet and confer. Assistant City Manager Sassoon confirmed that it had been discussed as a general concept or idea, but it was actually part of the conditions of employment-not just for the police personnel-there are also General Unit and Middle Managers who are taking home vehicles. She stated that it was her recollection that in light of the other opportunities staff was pursuing with the employee groups at the time, the decision was made to hold this idea in abeyance until they were able to see if they could reach agreements with the employee groups. 7 08106/2008 City Attorney Penman stated that it was his recollection that the Council had directed that everything on the list that had been brought up was to be discussed with the employees as part of the meet and confer so that when they got to this stage, if they were going to vote they would be able to do so. At the request of the Council, Police Chief Billdt provided input on how such a policy would affect the Police Department. He stated that he would like to take the time to review the implications before a final determination was made. Responding to a question from the Mayor, Mr. Penman stated that the safest practice is to meet and confer with all the affected employee units, and that would be his recommendation regarding the take-home vehicles. Mayor/Chairman Morris questioned how soon this item could be brought before these bargaining groups-whether it could be done before the next regularly scheduled Council meeting on August 18. Ms. Sassoon stated that they would certainly try. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the City Manager be directed to meet and confer with whatever bargaining units would be affected by the policy regarding take-home cars. The motion carried. Ayes: Estrada, Baxter, Brinker, Johnson, McCammack. Nays: Kelley. Absent: Derry. Council Member/Commissioner McCammack made a motion that instead of paying for helicopter service, that the City take advantage of the sheriff's free helicopter service. The motion failed for lack of a second. City Attorney Penman advised that no further meet and confer was necessary regarding the helicopter service as it had already been discussed. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that staff be directed to look at how the City can limit its disability costs, overtime costs associated with backfilling disability-related vacancies, and outside legal fees related to Workers Comp and disability; and that staff be asked to start working on putting together a plan modeled after the Long Beach "carve-out" plan. The motion carried unanimously with Derry absent. Ms. Sassoon advised that the Long Beach model is very unique, and she thought it was the first one approved by the State Workers Comp Board. She stated that if the City was successful in implementing the same plan here in San Bernardino it would definitely provide some long-term budget savings. 8 08/0612008 Council Member/Commissioner McCammack pointed out that they had not yet considered using Economic Development Agency (EDA) money for some of these budget costs; and Council Member/Commissioner Estrada stated that EDA was already contributing over $5 million to cover City costs. Assistant City Manager Sassoon pointed out that with the action taken by the Council thus far today, the remaining deficit was approximately $2.1 million; and she would like to have a potential discussion with regard to the remaining budgeted reserve. She noted that the preliminary budget document projects that as of June 30, 2009, the City would have approximately $10.8 million in General Fund reserve. However, the Council had approved measures to date that use $1.6 million of that amount from unappropriated Measure Z money-so they have now appropriated every dollar of Measure Z that they have, reducing the reserve to a current projection of $9 million. She reminded the Council that of that $9 million, the Mayor and Council had specifically set aside approximately $1.2 million two years ago in anticipation of additional costs related to some of the retirement enhancements that were approved. She suggested that maybe the time had come to take advantage of that money that they had set aside and use it towards the deficit. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council approve using $1.2 million of reserve funds to help balance the 2008/09 budget. The vote was taken following discussion. Council Member/Commissioner Estrada stated that by doing this the Council was letting certain folks off the hook, and she did not believe this was fair. Mayor/Chairman Morris pointed out that there is a reality here, and that is that the contracts are up next year. The Common Council will have an opportunity to sit with these employees with an open contract and discuss all these issues. Council Member/Commissioner McCammack pointed out that they have all discussed that this is a 2-3 year issue. She stated that if the Budget Ad Hoc Committee is reconvened, it would be really prudent that they get a 2009/10 projection like they have in the past. She stated that even though they are just projections, it gives the members a start as to the potential shortfall they may be facing. The motion to use $1.2 million from the budget reserves to help balance the 2008/09 City budget carried. Ayes: Baxter, Brinker, Kelley, Johnson, McCammack. Nays: Estrada. Absent: Derry. 9 08/06/2008 Ms. Sassoon stated that with that approval, the remaining budget deficit for 2008/09 was approximately $930,000. She stated that she would like the Council to consider balancing the remainder of the budget by using additional funds from the reserves, but with caveats. One of the caveats would be that they convene the Budget Ad Hoc Committee and work at ways to continue to reduce expenditures during the current year. Ultimately, at the end of the year, that may allow them to go less deeply into the reserves than they might otherwise have to do. Her second issue is that as they settle up at the end of the year and they are able to achieve additional expenditure savings, that may also reduce what they have to take from the reserves. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the Mayor and Common Council balance the budget using reserves as recommended by Administration staff. No vote was taken. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council approve balancing the remaining budget deficit of approximately $930,000 by using additional budget reserves, with the caveat that once staff performs an audit of 2007/08, if there are any revenue or expenditure savings, that these savings go directly back into the reserves. The motion carried. Ayes: Baxter, Brinker, Kelley, Johnson, McCammack. Nays: Estrada. Absent: Derry. It was noted that this would leave a remaining reserve balance of approximately $5.9 million. 3. Reimbursement of attorney fees to Glenn Baude and Kevin Hawkins related to criminal investigation of possible violation of the Mandatory Reporting Law. Note: No backup materials were distributed. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the Mayor and Common Council approve reimbursement of attorney fees to Glenn Baude and Kevin Hawkins related to criminal investigation of possible violation of the Mandatory Reporting Law. No vote was taken. City Attorney Pemnan advised that Mr. Hawkins had notified staff that his attorney had refunded his retainer, and there was also an issue with Mr. Baude relative to dividing the attorney fee for reimbursement between the criminal and the non-criminal-and his office was supposed to look at that. 10 08/06/2008 Mr. Penman suggested as an amended motion that the Mayor and Common Council authorize the City Attorney's office to approve the reimbursement of attorney fees to Glenn Baude pertaining only to the criminal investigation of the possible violation of the Mandatory Reporting Law. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council authorize the City Attorney's office to approve the reimbursement of attorney fees to Glenn Baude pertaining only to the criminal investigation of the possible violation of the Mandatory Reporting Law. The motion carried unanimously with Derry absent. ECONOMIC DEVELOPMENT AGENCY R4. Budget Adoption - Fiscal Year 2008-2009 (Continued from July 31, 2008) RES. CDC/2008-30 - 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, except for those portions of certain budget lines which are related to the Uptown Redevelopment Project Area. (R4A) RES. CDC/2008-31 - 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. (R4B) RES. CDC/2008-32 - 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 (mdings and determinations as to the benefit to the various redevelopment project areas for undertaking public improvements in connection with these various City expenditures. (R4C) RES. 2008-319 - 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 (mdings and determinations as to the benefit to the various redevelopment project areas for undertaking public improvements in connection with these various City expenditures. (R4D) 11 08/0612008 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that said Resolution R4A be adopted. Resolution No. CDC/2008-30 was adopted unanimously with Derry absent. Council Member/Commissioner McCammack declared a conflict on Resolution R4B because she owns property in the Uptown Redevelopment Project Area and left the dais, returning after the vote was taken. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said Resolution R4B be adopted. Resolution No. CDC/2008-31 was adopted. Ayes: Estrada, Baxter, Brinker, Kelley, Johnson. Nays: None. Abstentions: McCammack. Absent: Derry. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that said Resolution R4C be adopted. Resolution No. CDC/2008-32 was adopted. Ayes: Baxter, Brinker, Kelley, Johnson, McCammack. Nays: Estrada. Absent: Derry. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said Resolution R4D be adopted. Resolution No. 2008-319 was adopted. Ayes: Baxter, Brinker, Kelley, Johnson, McCammack. Nays: Estrada. Absent: Derry. NBI. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Facility Use Agreement by and between the American Sports University and the City of San Bernardino allowing for the University's use of Meadowbrook Park and the Rudy C. Hernandez Recreation Center. (Continued from August 4, 2008) Assistant City Manager Sassoon stated that staff was requesting a 30-day continuance. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council! Commission meeting of September 2, 2008. The motion carried unanimously with Derry absent. NB2. Implementation of an Anti-Graffiti Rewards Program (Continued from August 4, 2008) Council Member/Commissioner Johnson asked Police Chief Billdt whether similar programs have been successful. 12 08106/2008 Chief Billdt answered that some had and some had not. He stated that he would like to take a trial look at the program and evaluate for himself how it works for San Bernardino. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council approve the implementation of an Anti-Graffiti Rewards Program for a trial period of six months. The motion carried unanimously with Derry absent. 4. Adjournment At 7:34 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, August 18, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By: ~~ ~ Lmda E. Hartzel Deputy City Clerk 13 08/0612008