HomeMy WebLinkAbout06-29-2011 Jt Adj Reg MinutesSan
CITY OF SAN BERNARDINO
300 N. `D" Street
San Bernardino, CA 92418
Website: www.sbciiy.org
Mayor Patrick J. Morris
Council Members:
Virginia Marquez
Vacant
Tobin Brinker
Fred Shorett
Chas Kelley
Rikke Van Johnson
Wendy McCantmack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT ADJOURNED REGULAR MEETING
JUNE 29, 2011
ECONOMIC DEVELOPMENT AGENCY BOARDROOM
201 NORTH "E" STREET
SAN BERNARDINO, CA
This is the time and place designated for a joint adjourned regular meeting of the Mayor
and Common Council and Community Development Commission of the City of San
Bernardino from the joint adjourned regular meeting of the Mayor and Common Council
and Community Development Commission held at 5:00 p.m., Tuesday, June 28, 2011,
in the Economic Development Agency Boardroom, 201 North "E" Street, San
Bernardino, California.
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 5:09 p.m., Wednesday, June 29, 2011, in the Economic
Development Agency Boardroom, 301 N. "E" Street, San Bernardino, California.
Roll Call
Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman,
City Manager McNeely; City Clerk Clark.
Absent: None
Vacant: Second Ward.
06/29/2011
I . Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A -F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code Section
54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6:
Mid -Management
General
Management/Confidential
Fire Safety
Fire Management
Police Management
Police Safety
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
The Mayor and Common Council did not recess to closed session during this
meeting.
2 06/29/2011
2. Budget Workshop and Deliberations - Fiscal Year 2011/12 - City, Capital
Improvement Program, and EDA Budgets (Continued from June 28, 2011)
The following documents were distributed and PowerPoint presentations made, as
follows:
• Finance Department Fiscal Year 2011-12 Preliminary Departmental
Budget (Presentation made by Barbara Pachon, Director of Finance)
• Human Resources Fiscal Year 2011-12 Preliminary Departmental Budget
(Presentation made by Linn Livingston, Director of Human Resources)
• Civil Service Department Fiscal Year 2011-12 Preliminary Departmental
Budget (Presentation made by Kelli Bruhl, Chief Examiner)
• Information Technology Fiscal Year 2011-12 Preliminary Departmental
Budget (Presentation made by Lea Deesing, Director of Information
Technology)
• City Manager's Office Fiscal Year 2011-12 Preliminary Departmental
Budget (Presentation made by James Graham, Assistant to the City
Manager)
• City Clerk's Office Fiscal Year 2011-12 Preliminary Departmental Budget
(Presentation made by Rachel Clark, City Clerk)
• City Attorney's Office Fiscal Year 2011/2012 Preliminary Departmental
Budget; and City Attorney 2011-2012 Line Item Budget dated 6/2/2011
(Presentation made by James Penman, City Attorney)
• City Treasurer Fiscal Year 2011-12 Preliminary Departmental Budget
(Presentation made by David Kennedy, City Treasurer)
• Council Fiscal Year 2011-12 Preliminary Departmental Budget
(Presentation made by Jorge Carlos, Executive Staff Assistant to City
Council)
• Office of the Mayor Fiscal Year 2011-12 Preliminary Departmental
Budget (Presentation made by James Morris, Chief of Staff)
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• Economic Development Agency Fiscal Year 2011-2012; and "Summary
of Enacted State Budget Legislation Regarding Redevelopment, (ABX1 26
and ABX1 27)," Goldfarb & Lipman LLP, dated June 29, 2011
(Presentations made by Emil Marzullo, Interim Executive Director and
Tim Sabo, Agency Counsel, Economic Development Agency).
Public Comments:
Warner Hodgdon, San Bernardino, CA.
R3. Budget Adoption Fiscal Year 2011-2012 - Economic Development Agency
(Continued from June 28, 2011)
RES. 2011-209 - 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 2011-2012 public improvement expenditures and
malting findings and determinations pursuant to Health & Safety Code
Sections 33445 and 33445.1 as to the benefit to the various redevelopment
project areas for undertaking public improvements in connection with these
various City expenditures. (R3A)
RES. 2011-210 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, approving the execution and delivery of an
Agency -City 2011-2012 Loan Agreement and 2011-2012 Note of the City of
San Bernardino ("City") payable to the Redevelopment Agency of the City of
San Bernardino ("Agency") in the principal amount equal to $1,356,250 for
the repayment of the $1,332,925 principal amount of the 2010-2011 Note
payable from the City to the Agency. (R3B)
RES. 2011-211 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California approving a Master Services Agreement for
Fiscal Year 2011-2012 by and between the Redevelopment Agency of the City
of San Bernardino ("Agency") and the City of San Bernardino ("City") and
authorizing the Agency's payment to the City for the performance of certain
functions by City Departments for the benefit of the Agency. (R3C)
RES. CDC/2011-34 - Resolution of the Community Development Commission
of the City of San Bernardino, California, approving the Economic
Development Agency's budget for the Fiscal Year 2011-2012 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 Central City Projects Redevelopment Area and the Uptown
Redevelopment Project Area. (R3D)
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RES. CDC/2011-39 - Resolution of the Community Development Commission
of the City of San Bernardino, California, approving the Economic
Development Agency's budget for those portions of certain budget lines
which are related to the Uptown Redevelopment Project Area for the Fiscal
Year 2011-2012 with any such amendments, changes and modifications that
may be specifically authorized by said Commission. (R3E)
RES. CDC/2011-40 - Resolution of the Community Development Commission
of the City of San Bernardino, California, approving the Economic
Development Agency's budget for those portions of certain budget lines
which are related to the Central City Projects Redevelopment Project Area
for the Fiscal Year 2011-2012 with any such amendments, changes and
modifications that may be specifically authorized by said Commission.
(R3F)
RES. CDC/2011-35 - Resolution of the Community Development Commission
of the City of San Bernardino, California, authorizing the funding of various
City of San Bernardino Fiscal Year 2011-2012 public improvement
expenditures and making findings and determinations pursuant to Health &
Safety Code Sections 33445 and 33445.1 as to the benefit to the various
redevelopment project areas for the undertaking of various public
improvements. (113G)
RES. CDC/2011-36 - Resolution of the Community Development Commission
of the City of San Bernardino, California, approving the Economic
Development Agency's analysis and determination of the appropriateness of
the planning and administration expenditures of the Low- and Moderate -
Income Housing Fund for the Fiscal Year 2011-2012 Agency Budget. (11311)
RES. CDC/2011-37 - Resolution of the Community Development Commission
of the City of San Bernardino, California, approving a Master Services
Agreement for Fiscal Year 2011-2012 by and between the Redevelopment
Agency of the City of San Bernardino ("Agency") and the City of San
Bernardino ("City") and authorizing the Agency's payment to the City for
the performance of certain functions by City Departments for the benefit of
the Agency. (R31)
RES. CDC/2011-38 - Resolution of the Community Development Commission
of the City of San Bernardino, California, approving the execution and
delivery of an Agency -City 2011-2012 Loan Agreement and 2011-2012 Note of
the City of San Bernardino ("City") payable to the Redevelopment Agency of
the City of San Bernardino ("Agency") in the principal amount equal to $
1,356,250 for the repayment of the $1,332,925 principal amount of the 2010-
2011 Note from the City to the Agency. (113J)
5 06/29/2011
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 and Central City Projects Redevelopment Project
Areas, at the budgeted level for the 2010-2011 Fiscal Year, with allowance
for those budgeted items having prior Commission approval, pending final
approval of the 2011-2012 budget. (R3g)
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 Central City Projects and Uptown Redevelopment Project
Areas, at the budgeted level for the 2010-2011 Fiscal Year, with allowance
for those budgeted items having prior Commission approval, pending final
approval of the 2011-2012 budget. (R3L)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that full reading be waived; and that said
Resolutions A -J, be adopted. No vote was taken.
Tim Sabo, Agency Counsel, Economic Development Agency, advised that
Council Member/Commissioner Marquez has a property interest in the Central
City Redevelopment Project Area and would have to abstain on Resolution No.
R317 and Council Member/Commissioner McCammack has a property interest in
the Uptown Redevelopment Project Area and would have to abstain on Resolution
No. R3E.
Council Member/Commissioner Brinker made a substitute motion, seconded by
Council Member/Commissioner Shorett, that full reading be waived; and that
Resolution Nos. R3A through RK be adopted, except for Resolution Nos. R3E
and R3F. The motion carried and Mayor and Common Council Resolution
Nos. 2011-209, 2011-210 and 2011-211 and Community Development
Commission Resolution Nos. CDC/2011-34, CDC/2011-35, CDC/2011-36,
CDC/2011-37 and CDC/2011-38 were adopted unanimously.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that full reading be waived; and that Resolution
No. R3E be adopted. The motion carried and Resolution No. CDC/2011-39
was adopted with McCammack abstaining.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that full reading be waived; and that Resolution
No. R317 be adopted. The motion carried and Resolution No. CDC/2011-40
was adopted with Marquez abstaining.
6 06/29/2011
No action was taken on continuing Resolution Nos. R3K and R3L.
City Attorney Penman recommended that the Capital Improvement Project (CIP)
be agendized for the July 5, 2011 Council meeting.
4. City of San Bernardino Budget Adoption - FY 2011/12 (Continued from June
28, 2011)
RES. 2011-212 - Resolution of the Mayor and Common Council approving
and adopting the City of San Bernardino's final budget document for Fiscal
Year 2011-2012 and proclaiming the continuation of a fiscal emergency and
establishing the City's appropriation limit as required by Article XIII B of
the California State Constitution. (4A)
Resolution of the Mayor and Common Council of the City of San
Bernardino, California, proclaiming the continuation of a fiscal emergency
and authorizing the City of San Bernardino to establish 2011/2012
expenditures for the month of July, 2011 only, at one -twelfth the actual levels
contained in the adopted budget for 2010/2011 Fiscal Year, or as needed to
pay the authorized costs incurred for the month of July, 2011 only pending
final approval of the 2011-2012 budget. (4B)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that full reading be waived; and that said
Resolution No. 4A be adopted. The vote was taken following discussion.
Council Member/Commissioner McCammack made a substitute motion, seconded
by Council Member/Commissioner Kelley, to increase revenue by $939,100,
which could come in the form of collected receivables and/or additional recovered
Administrative Civil Penalty revenues on non-compliant properties, and fund that
amount back to the City Attorney's Office with the caveat that the Council look at
the budget midyear or perhaps earlier, in October or November, to see what kind
of progress has been made and that any necessary adjustments be made at that
time. The motion failed with Marquez, Brinker, Shorett and Johnson voting
"no."
Discussion ensued regarding the City Attorney's budget.
Council Member/Commissioner Brinker's original motion, seconded by Council
Member/Commissioner Shorett, that full reading be waived; and that Resolution
No. 4A be adopted. The motion carried and Resolution No. 2011-212 was
adopted with Kelley and McCammack voting "no."
7 06/29/2011
6. Adjournment
The meeting adjourned at 9:28 p.m. The next joint regular meeting of the Mayor
and Common Council/Community Development Commission is scheduled for
1:30 p.m., Tuesday, July 5, 2011.
RACHEL G. CLARK, CMC
City Clerk
Deputy City Clerk
06/29/2011