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HomeMy WebLinkAbout10-18-1990 Minutes City of San Bernardino, California October 18, 1990 This is the time and place set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held at 8:40 a.m., on Monday, October 15, 1990, 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 Monday, October 15, 1990, 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 10:30 a.m., Tuesday, October 16, 1990, 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 Holcomb at 1:04 p.m., Thursday, October 18, 1990, in the Management Information Center, (MIC ROom), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; City Clerk Krasney, City Administrator Edwins. Absent: Council Member Pope-Ludlam, City Attorney Penman. ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING AN ENTERTAINMENT/ADMISSION TAX. (2) RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING THE AMOUNT FOR AN ENTERTAINMENT/ADMISSION TAX. (3) Mayor Holcomb opposed the establishment of an entertainment/admission tax in the City of San Bernardino. He stated that after a review of the proposed resolution establishing an entertainment/admission tax, he discovered that taking this action would create a host of legal problems and would not generate the revenue needed to solve the City's current financial crisis. Tim Warner, President, National Association Theatres in California, spoke regarding the problems associated with cities who have imposed entertainment/admission taxes on movie theaters. He stated that the City of Montclair was sued by the movie theaters for collecting entertainment/admission taxes in their city. He stated that in a recent court case the City of Montclair was found to be in violation of the First Amendment and was ordered to repay $312,000 in entertainment/admission taxes to 1 10/18/90 the movie imposition theaters is Amendment of theaters. He stated that the court ruled that the of entertainment/admission taxes against movie illegal, discriminatory, and violates the First the Constitution. CITY ATTORNEY PENMAN ARRIVED At 1:06 p.m., City Attorney Penman arrived at the Council meeting. Mr. Warner answered questions regarding the disadvantages of imposing entertainment/admission taxes on movie theaters. City Attorney Penman answered questions regarding other cities that have successfully imposed entertainment/admission taxes on movie theaters. He stated that there are potential legal problems with imposing an entertainment/ admission tax on movie theaters and recommended that the Mayor and Council not adopt the proposed ordinance. The Mayor and Council did proposed ordinance or entertainment/admission tax. not take any further action on the resolution establishing an ANNOUNCEMENT BY MAYOR - ACCURATE REPORTING IN THE SUN NEWSPAPER Mayor Holcomb stated that in recent articles published in The Sun newspaper regarding the City's financial condition, the reporter did not present an accurate picture. He requested that in the future, the reporter print the facts as they are presented so that citizens of the City will have a better understanding of the City's problems. ANNOUNCEMENT BY MAYOR - PROPOSITION 136 AND POTENTIAL INCREASE IN CITY UTILITY TAXES Mayor Holcomb explained that if Proposition 136 passes in the November 6, 1990 General Election, the City will not be able to raise taxes without first having to take the issue to the voters for approval. A discussion ensued regarding t.he anticipated revenue that would be generated by increasing the utility taxes by one percent and also increasing the utility exemption rate for individuals living on a fixed income. ANNOUNCEMENT BY MAYOR GOLDEN HANDSHAKE EARLY RETIREMENT Mayor Holcomb explained the City's proposed Golden Handshake offer which provided that City employees fifty years or older, with a tenure of five years or more could retire early. He stated that the program was not a very cost effective proposal and would cost the City more money than originally expected. 2 10/18/90 Brian Hagman, AFSCME Representative, California District Council 36, informed the Mayor and Council that employees who took advantage of the City's Golden Handshake proposal for early retirement would not receive immediate retirement benefits. He stated that it would take one to two years before the employee would receive his/her retirement benefits. DISCUSSION OF PROGRAM BUDGETS AND POTENTIAL REVENUE SOURCES (1) Ci ty Administrator Edwins explained that every attempt has been made to avoid employee lay-offs in the City. She stated that the General Employees' Union Representatives have been cooperative in working with the City during its financial crisis. Brian Hagman, AFSCME Representative, California District Council 36, requested a list of those employees targeted for lay-offs in the City. He stated that according to the general employees union contract, the I a",. allows for all part-time and temporary employees be laid off first. He stated that one department in the City currently has over seventy-two part-time employees, and there are some departments who have part-time year round employees. He suggested that if personnel cuts are made, that Administration consider the possibility of laying off temporary and part-time employees first, rather than the long- term employees who have the most seniority. City Administrator Edwins explained why some departments have a large number of part-time employees. She responded to Mr. Hagman's request, stating that there would be no problem in providing a list of the employees targeted for lay-offs. Chris Gonzales, President of AFSCME Local 122, inquired about the cost savings if every City employee worked one day without pay. City Administrator Edwins responded, stating that the City would save $170,000 per day, but it would mean that every City employee would have to work one day without pay. City Attorney Penman advised the Mayor and Council that the City would be in violation of Federal Labor Standard Act (FLSA), if the employees were to work without receiving pay. City Attorney Penman answered questions legalities of providing the Union representatives the employees targeted to be laid-off. regarding the with a list of The Mayor and Council discussed the possibility of a four- day work week and the possibility of fire and safety employees using their accrued compensation time instead of receiving actual payment for the off-work period. 3 10/18/90 COUNCIL MEMBER At 1:50 p.m., Council meeting. POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived at the Dan Robbins, Police Chief, explained why safety personnel cannot use compensation time in place of receiving actual payment. He answered questions regarding the salary ratio of top level paid employees with the lowest level paid employees, and the number of hours officers may spend in court. Chief Robbins answered questions regarding the consequences of decreasing the number of prisoner bookings in the County jail. City Administrator Edwins identified the proposed programs recommended to be cut from the City's budget. Mayor Holcomb stated that a group of local mayors will be meeting with the County Board of Supervisors on October 29, 1990 to request that the County not impose the newly authorized fee for booking prisoners into its jail. He also stated that this issue may be rescinded if another source of money is found. Susan Johnson, Neighborhood Watch Director, Sundance Drive, San Bernardino, suggested several alternatives that the City could consider to help reduce the deficit: 1) Charge the $125.00 booking fee to each prisoner booked in the County jail; 2) Reduce the number of public service employees assigned to a particular job site; and 3) Reduce trash pickup to one day per week. She recommended that the City continue to support the Boys Club youth programs. George Navarro, a resident of 7th Street, CA, spoke regarding gang activity in his suggested that the Mayor and Council not cut designed to help the youth in the community. San Bernardino, neighborhood. He programs that are Leola Haynes, a resident on Adams Street, spoke of how elementary school children are being approached by drug dealers on their way to school in her neighborhood. She urged the Council to save the children by continuing to support the youth programs in the City. City Administrator Edwins explained why the recommendation was made to reduce funds available for the Boys Club. She stated that many non-profit organizations have the ability to raise their own funds to maintain their own facility. 4 10/18/90 Shauna Edwins suggested another money saving proposal in the way elections are conducted in the City Clerk's Office. She explained that the City could save approximately $40,000.00 in election costs by not printing the names of all unopposed incumbents on the ballot. She stated that by doing this, half of the City would not have to participate in the election. The election would be held only for a particular ward, and write-in candidates would not be allowed if this proposal is approved. A discussion ensued regarding the possibility of increasing the fee for gun permits. The regarding session. City Administrator program budgets and (Discussed later in requested that further discussion potential revenue be held in closed the meeting. See page 7) RECESS MEETING At 2:55 p.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 3:06 p.m., Mayor Holcomb reconvened the Adjourned Regular Meeting of the Mayor and Common Council in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Clerk Krasney, Ci ty Administrator Edwins. Absent: City Attorney Penman. RECESS MEETING - CLOSED SESSION At 3: 06 P . m., the Mayor and Common Counc il and Development Commission recessed to closed session following: Community for the a. to consider personnel matters pursuant to Government Code Section 54957; b. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; c. to confer with the attorney regarding pending litigation pursuant to Government Code Section S49S6.9(b)(1), as there is significant exposure to litigation; d. to confer with the attorney regarding pending Ii tigation pursuant to Government Code Section S49S6.9(c), so that Council/Commission may decide whether to initiate litigation; 5 10/18/90 e. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section S49S6.9(a) . CLOSED SESSION At 3:06 p.m., Mayor order in the Management Floor, City Hall, 300 California. Holcomb called the Information Center North "D" Street, closed session to (MIC Room), Sixth San Bernardino, ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: None. Also present: Lorraine velarde, Executive Assistant to the Mayor; Dan Robbins, Police Chief; Annie Ramos, Director of Parks, Recreation and Community Services; Andy Green, Director of Finance; Craig Graves, City Treasurer; John Kramer, Recreation Superintendent; Fred Wilson, Assistant City Administrator. CITY ATTORNEY PENMAN ARRIVED At 3:11 p.m., City Attorney Penman arrived at the closed session. COUNCIL MEMBER MILLER EXCUSED At 3:35 p.m., Council Member Miller left the closed session. COUNCIL MEMBER ESTRADA EXCUSED At 3:50 p.m., Council Member Estrada left the closed session. COUNCIL MEMBER FLORES EXCUSED At 4:02 p.m., Council Member Flores left the closed session. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 4:05 p.m., Senior Assistant City Attorney Barlow left the closed session. ADJOURN CLOSED SESSION At 4:10 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 4:10 p.m., Mayor Holcomb called the Adjourned Regular meeting of the Mayor and Common Council to order in the Management Information Center, (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. 6 10/18/90 ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Flores, Miller. RES. 90-432 - RESOLUTION OF THE CITY OF SAN BERNARDINO SUPPORTING THE REPEAL OF SB 2557. (4) City Clerk Krasney read the title of the resolution. Council Member Pope-Ludlam made a motion, Council Member Maudsley, and unanimously carried, reading of the resolution be waived and said adopted. Resolution No. 90-432 was adopted by the following vote: Ayes: Council Members Reilly, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent: Council Members Estrada, Flores, Miller. seconded by that further resolution be RES. 90-433 - RESOLUTION OF THE CITY OPPOSING THE COUNTY'S IMPOSITION OF PRISONERS. OF SAN BERNARDINO FEES FOR BOOKING ( 5 ) City Clerk Krasney read the title of the resolution. Council Member Pope-Ludlam made a motion, Council Member Reilly, and unanimously carried, reading of the resolution be waived and said adopted. seconded by that further resolution be Resolution No. 90-433 was adopted by the following vote: Ayes: Council Members Reilly, Maudsley, Minor, Pope-Ludlam. Nays: None. Absent: Council Members Estrada, Flores, Miller. DISCUSSION OF PROGRAM BUDGETS AND POTENTIAL REVENUE SOURCES - CONTINUED FROM EARLIER IN THE MEETING SEE PAGE 3 (1) The Mayor and Council agreed to continue further discussion on the program budgets and potential revenue sources until October 25, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH MT. VIEW CEMETERY COMPANY FOR THE PURPOSE OF PRESERVING THE BUILDING LOCATED AT THE NORTHEAST CORNER OF HIGHLAND AND WATERMAN AVENUES FOR HISTORICAL PURPOSES, AND RESCINDING RESOLUTION NO. 90-429. (6) 7 10/18/90 The Mayor and Council agreed to continue the lease agreement with Mt. View Cemetery Company until October 25, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CLOSED SESSION The Mayor and Council closed session items until Chambers of City Hall, 300 California: agreed October North to continue 25, 1990, ., D" Street, the following in the Council San Bernardino, a. to consider personnel matters pursuant to Government Code Section 54957; b. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; c. to confer with the Ii tigation pursuant to S49S6.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to d. to confer with the attorney regarding Ii tigation pursuant to Government Code S49S6.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide e. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section S49S6.9(a). ADJOURNMENT At 4:25 p.m., Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, and unanimously carried, that the meeting be adjourned to 9:00 a.m., Thursday, October 25, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk 7 ,:; //. (/ By_,~;-~:~.~_-c?-~-"''- -' Dian~'jones Deputy City Clerk No. of Hours: 3 hrs. 30 min. No. of Items: 8 8 10/18/90