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Home My WebLink About11-28-1988 Minutes . City of San Bernardino, California November 28, 1988 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 the Regular Meeting held at 9:07 a.m., Monday, November 21, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held on Monday, November 21, 1988, at 9:07 a.m., and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said Notice which was posted at 2:30 p.m., Tuesday, November 22, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 4:05 p.m., Monday, November 28, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Ci ty Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. RECESS MEETING - CLOSED SESSION At 4:05 p.m., Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried that the meeting recess to Closed Session to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6. (Firefighter negotiations) (1) At 4:05 p.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of City Hall, 300 North "0" Street, San Bernardino, California. . 1 11/28/88 . ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. Also present were: Finance Director, Andy Green; Personnel Director, Gordon Johnson. CITY ATTORNEY PENMAN AND COUNCIL MEMBER POPE-LUDLAM EXCUSED At 5:15 p.m., City Attorney Penman and Council Member Pope-Ludlam left the Closed Session. ADJOURN CLOSED SESSION At 5: 35 p.m., the Closed Session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . RECONVENE MEETING At 5:35 p.m., the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Ci ty Clerk Clark with the fOllowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, Acting City Administrator Robbins. Absent: None. CLOSED SESSION - LABOR RELATIONS MATTERS Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that closed session pursuant to Government Code Section 54957.6 to meet with designated representatives regarding labor relations matters, be continued to December 5, 1988, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (1) READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of the resolutions on the Council Agenda. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that further reading of the resolutions be waived. . 2 11/28/88 . RES. 88-455 - RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY REPEALING THE AUTHORITY TO IMPOSE A SPECIAL TAX TO PAY THE CITY'S COST FOR THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR CITY EMPLOYEES. (2) RES. 88-456 - RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT WHICH WOULD REPEAL THE AUTHORITY OF THE CITY TO IMPOSE A SPEC IAL TAX TO PAY THE CITY'S COST FOR THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR CITY EMPLOYEES AND CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD CONCURRENTLY WITH AND CONSOLIDATED WITH THE PRIMARY MUNICIPAL ELECTION TO BE HELD ON MARCH 7, 1989. (2) City Attorney Penman answered questions stating that according to the Cal i fornia Supreme Court, the Ci ty is legally obligated to impose Section 234(c) of the Charter which states: . "The Mayor and Common Council shall each year levy a tax to meet the obligations of the Ci ty to the State Employees Retirement System, and the limitations of the Charter with respect to the levy and collection of taxes shall not apply to any such tax so levied". The City Attorney distributed newspaper articles from 1944 which reported on the initial adoption of Section 234 (c). This measure had been placed on the ballot to create a funding mechanism for the City employees to be able to receive retirement benefits from P.E.R.S. In 1978, after the passage of Proposition 13, the Council discontinued the collection of the revenue through property taxes. In a memorandum dated November 28, 1988, Andy Green, Director of Finance, stated that the City's obligation to the Public Employees Retirement System (P.E.R.S.) for fiscal year 1987/88 was $5,997,701.66. He explained that based amount of $5.1 million for P.E.R.S. and the City's net upon the estimated 1988/89 the City's obligation to assessed valuation of $2.63 . 3 11/28/88 . billion the increase approximately .1938% assessed at $100,000. to or property tax $193.80 for a levy home would that be is City Clerk Clark answered questions regarding the cost to consolidate with one of the elections to be held in 1989. City Attorney Penman answered questions regarding the legal liability of the City for not having cOllected the special tax to pay for the Public Employees Retirement System for Ci ty employees and stated that there is the possibility of litigation, since the special tax had not been imposed to pay for the Public Employees Retirement Systems for City employees. Discussion ensued relative to allowing the voters an opportunity to express their opinion on the repealing of Section 234(c) of the Charter and how the funds would be used if the section remained in tact and was imposed on the property tax bills. The Mayor and Council discussed the ballot language of Measure "A" as proposed in said resolution. . Council Member Flores Council Member Miller and ballot language as set resolution be amended by follows: made a motion, seconded unanimously carried that forth in Section 2 of interdelineation to read by the said as "Measure A Repeals Section 234 (c) of the City Charter which imposed a special tax to pay the City's cost for the Public Employee's Retirement System for City Employees; that the box to the right of the measure be interdelineation to read as follows: Measure--Against the Measure", and that said be adopted as amended. amended by "For the resolution Resolution Nos. 88-455 and 88-456 were adopted by the fOllowing vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: Council Member Pope-Ludlam. Absent: None. . 4 11/28/88 . Council Member Minor made a motion, seconded by Council Member Mi ller and unanimously carr ied, that the City Attorney be directed to prepare a legal analysis of the proposed Charter Amendment; and that the Finance Director be directed to prepare a fiscal analysis of the proposed Charter Amendment. The motion carried by the following vote: Ayes: Council Member Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: Council Member Pope-Ludlam. Absent: None. The Council discussed a plan on how the funds would be used if Charter Section 234(c) stayed in place. It was stated that a resolution could be adopted before the election outlining a plan on how the funds would be spent, or by the vote of the Council, five Council Members could be authorized to file the argument against the measure and state in the argument what would be done with the money if the voters allowed Charter Section 234(c) to remain in tact. . ADJOURN MEETING At 6: 15 p.m., Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the Adjourned Regular Meeting of the Mayor and Common Council be adjourned to 9:00 a.m., Monday, December 5, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. (3) ~L???4~A// /' City Clerk No. of Items: 2 No. of Hours: 2 . 5 11/28/88