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HomeMy WebLinkAbout10-13-1990 Minutes City of San Bernardino, California October 13, 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 the Adjourned Regular Meeting held at 8:04 a.m., Saturday, October 6, 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 October 6, 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: 00 a.m., on Saturday, October 6, 1990, on the door of the place at which said meeting was held. The Adjourned Regular Council was called to order Council Chambers of City Bernardino, California. Meeting of the Mayor by Mayor Holcomb at 1:00 Hall, 300 North "D" and Common p.m., in the Street, San 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 Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Pope-Ludlam. INVOCATION The invocation was given by phil Arvizo, Executive Assistant to the Council. PLEDGE The pledge of allegiance was led by Council Member Miller. PUBLIC COMMENTS - ROGER DUMAS - FEDERAL FUNDS Roger Dumas spoke on possible sources of Federal funding and suggested that the City apply for Federal funds. He also presented vegetables and plants and spoke regarding recycling waste materials for environmental purposes. PUBLIC COMMENTS - ROGER TEALE - PRISONER BOOKING CHARGES Roger Teale, 1124 E. 37th Street, San Bernardino, suggested that persons arrested by the San Bernardino Police Department and booked into San Bernardino County jail should pay a booking fee. Mayor Holcomb responded that most prisoners do not have adequate funds and many are transients and leave the community as soon as they are released from jail. 1 10/13/90 COUNCIL MEMBER At 1:10 a.m., Council meeting and POPE-LUDLAM ARRIVED Council Member pope-Ludlam took her place at the council arrived table. at the Ci ty Attorney Penman answered questions regarding charging prisoners for booking into County jail. He stated that there are a number of fees that the City could attempt to pass on to people who are arrested, but there may be difficulties in collection and due process. The biggest problem would be that it would cost more to administer the fee collection process than could be recovered. Mr. Penman suggested that there should be a law that permits the City to charge people for the cost of police services. For example, when a noisy party is in progress and there is no compliance when the hosts have beeIl warned to turn the noise down, and the Police have to return, the party hosts should be charged for that service. BUDGET CRISIS DISCUSSION Mayor Holcomb commended the Council for their attendance at Council meetings to work on the budget crisis the City is facing, which was brought about by several factors. The state legislature passed laws that authorized counties to charge cities for booking prisoners and mailing tax bills. Taxpayers will now have to pay for these services in addition to other taxes already collected. It is estimated that the booking charges could be about $2,000,000. Mayor Holcomb explained that there had been some discussion on not booking persons on misdemeanor charges, but instead releasing them on a cite release, similar to that of a speeding ticket. The individual would not have to go to jail, but would have to appear in court to answer the charges. This could allow many felons to go free on misdemeanor cite releases. He urged all citizens to contact their State legislators and request that this unjust law be repealed. The law also imposes additional hardships on cities such as San Bernardino that have police departments, as they will have to contribute indirectly for those cities that do not have police departments and contract directly with the sheriff's department. Mayor Holcomb stated that another serious consideration is the escalation of gasoline prices, which have increased from approximately 87 cents a gallon, on which the budget figures were determined, to almost $1.40 per gallon. Mayor Holcomb explained that the Federal government is also considering mandating that cities pay Medicare and extra Social Security charges, which could add up to approximately $500,000. 2 10/13/90 City Administrator Edwins answered questions, stating that all budget figures being discussed are on an annual basis, starting from this point. The only exception is possibly the prisoner booking charges which could be retroactive to July 1, 1990. City Attorney Penman answered questions regarding a possible lawsuit to provide a stay in the collection of fees until certain questions have been resolved. He indicated that such a lawsuit against the State or County was possible, and explained several arguments that could be used, such as unfair and unequal application of the law, since cities are already paying taxes for the operation of the jail. Other arguments would include: the law promotes the release of suspected criminals who would otherwise be lodged in County jail; prisoners arrested by County sheriffs would be arrested and booked, but a suspect arrested for the same crime in the City would probably be released because the City could not afford the booking fee. Mr. Penman stated in previous lawsuits Office. that his office had been.very successful against the State Attorney General's City Administrator Edwins reviewed the anticipated increases in the City's budget, which include vehicle fuel costs, salary negotiations for mid-managers, possible additional costs of Medicare and Social Security payments, prisoner booking fees and charges for collection of property taxes. The exact figures for these items are unknown at this time. Ms. Edwins explained that the City has a 67 million dollar budget and should have a 5% reserve, which would be $3,350,000. Added to the immediate need of $2,500,000, the City needs an additional $5,850,000. Mrs. Edwins listed the following five categories to consider in easing the budget crisis: Personnel cuts savings; unbudgeted revenue; charge backs; option of cutting programs or raising new revenue. City Administrator Edwins commended the elected City officials who have authorized personnel cuts in their offices to provide cost savings. These and other personnel cuts will be discussed in closed session and in meet and confer sessions with union representatives. The total anticipated amount of personnel cuts is $478,000. These involve eleven positions and reorganizations in two departments. Presently, nine of the eleven positions are occupied and two are vacant. Ms. Edwins emphasized that these cuts should not affect the delivery of services. 3 10/13/90 Ms. Edwins explained the "Golden Handshake" program, in which an employee agrees to take an early retirement and the City in turn pays that employee serVl.ce credits with PERS. Cost savings could be achieved by the retirement of employees at the top salary range and replaced with new employees at a lower salary range, as there is a 25% difference between the top and bottom ranges. She explained that this program would not be pursued. Mrs. Edwins also explained that another category that has been considered for cost savings is to reduce the mileage of City vehicles and the take home usage of City vehicles. This program could also reduce liability exposure. City Administrator Edwins explained the provisions of Charter Section 186 which provide for increases in police and fire employees' salaries which are based on salaries paid to police and fire employees in other cities. She stated that some savings have been achieved in this area because other cities are also experiencing financial difficulties and have not given raises. Thus, the City over-budgeted these anticipated salary increases by $400,000. Another cost saving recommendation brought forth by Mrs. Edwins was that the Planning/Building Services and Engineering/ Public Works Departments not move to the City Hall Annex, as previously discussed. This would save $130,000. Additionally, an amount of $205,000 is expected in revenue from the recently approved business license increase. Mrs. Edwins explained charge backs, which are funds not included in the General Fund. She stated there are many funds other than the General Fund that make up the City's budget, such as street construction funds and Redevelopment Agency funds. These funds are set aside for specific purposes and cannot be used for anything other than those purposes. Fred Wilson, Assistant City Administrator, explained the provisions of proposition 111, which was approved last year, and which increased the gas tax about 5% in proportionate increments over the next two years. He stated that this tax must be used for street maintenance programs. The City currently has a street maintenance budget totalling about $2.4 million and currently receives $2.2 million in gas tax revenues. He explained that the City is proposing to use the additional gas tax revenue from Proposition 111 to offset the entire cost of the City street maintenance operation. City Administrator Edwins explained that the City is also considering moving $200,000 into the General Fund from the Water Department, as many services are provided to the Water Department 4 10/13/90 for which the City is not reimbursed. These include Civil Service and Personnel services which process recruitment and hiring for the Water Department, and City Treasurer's office which invests all sewer and other Water Department funds. This suggestion is pending until a discussion has been held with the General Manager of the Water Department. Mrs. Edwins stated that Ken Henderson, Executive Director of the Redevelopment Agency, reported that there is $266,000 in Redevelopment money that can be identified and paid back to the City for services provided by the City Attorney, City Clerk and Council office. City Administrator Edwins also spoke regarding the backs of $50,000 from landscape assessment d~stricts General Fund to cover some of the City's overhead costs. charge to the Mayor Holcomb explained that the public might be confused when they hear about approval of projects which involve large amounts of money when the City is facing a budget crisis. He made it clear that money used for special projects is set aside specifically for those projects and cannot be used for General Fund purposes. City Administrator Edwins answered questions regarding a proposed charge for fire inspection on commercial properties, stating that the program had not yet been implemented, but is being studied. COUNCIL MEMBER MILLER EXCUSED At 1:56 p.m., Council Member Miller left the Council Meeting. The City Administrator and Finance Director answered questions regarding the Street Sweeping and Street Lighting Assessment District, stating that the $500,000 from that District will be going into the Police Department, not the General fund. Mayor Holcomb explained that money from that assessment district will not be available until January, 1991. Because of those additional funds, more personnel will be hired in the Police Department, more street lights added and street sweeping provided twice a month. He stated that a clean city is a safer city. City Administrator Edwins explained the options of cutting programs, raising revenue, and how departments use funds to provide certain services. Mrs. Edwins stated that elimination of the following programs has been considered: 5 10/13/90 Westside Utility Collection Center - $46,000. Maintenance of Boys' Club - $26,000. City Administrator identified the five most expensive community centers per unit of service as follows: Cultural Center on "E" Street - Cost per unit is $5.06; total cost for the center is $84,613; Hernandez Center - Cost per client is $3.07; total cost for the center is $151,897; Center for Individuals with Disabilities, which is operated with the County under a joint agreement. The City's contribution is $117,968. The cost per unit is $3.05. Mill Center - Cost per unit is $2.95; center is $125,446. total cost of the Westside Drop-In Center - Cost per unit is $2.65 - total cost is $108,365. Mrs. Edwins stated that the cost to operate Sturges Auditorium is $114,000. She explained that Fine Arts money could be used to replace General Funds to cover the costs of operating Sturges. Fine Arts money is obtained from a commercial development fee that is set aside for fine arts and cultural activities. Presently, no fine arts money is used to operate Sturges, which is the main cultural center of the City. Mrs. Edwins also spoke regarding the Library budget, explaining that the Library Board of Trustees is given an annual budget of $3,000,000 and the responsibility of deciding how that money will be spent. The following possible reductions could provide savings as follow: 2.5% = $75,000; 5% = $150,000; 7.5% = $225,000; 10% $300,000; and 12.5% = $375,000. Mrs. Edwins suggested that the following revenue increases be considered: $25,000 for adult sports lighting; $75,000 for youth sports lighting; $50,000 for the aquatics program; $300,000 in engineering fees. surrounding cities showed that San considerably less than the other cities. last raised in 1987. A recent survey of Bernardino charges Engineering fees were Roger Hardgrave, Director answered questions regarding the of Public Works/Engineering, survey, stating that although 6 10/13/90 the figures on the survey had not been confirmed, it appeared that the City's engineering fees could be doubled and still be in line or below those in the cities surveyed. He explained that there are state laws that prevent cities from charging more than the costs to provide the service. COUNCIL MEMBER At 2:12 p.m., Meeting. POPE-LUDLAM EXCUSED Council Member pope-Ludlam left the Council Mrs. Edwins stressed that it is not recommended that all the proposed cuts be implemented, but that choices be made. She stated that the suggestion of a 10% entertainment tax had been rejected. She stated that cost saving programs should provide that the general taxpayers not bear the cost of specialized programs, such as curb painting programs for businesses requesting special zones, false alarm fees, and police call backs as mentioned earlier in the meeting by City Attorney Penman. A discussion ensued regarding booking of prisoners. Police Chief Robbins booking procedures, stating bad policing, because the needs of the community, but answered questions regarding the that the new booking fees will create Police Department won't look at the will have to look at the cost figure. Mayor Holcomb suggested that the real solution to the budget problem is to contact the legislators in Sacramento and ask for repeal of the law that allows the additional costs be carried by the cities. City Administrator Edwins stated another cost saving option is the possibility of selling the City's street lights to Edison Company. The Edison Company is doing a study to determine what the lights are worth to them. RECESS MEETING At 2:45 p.m., break. - FIVE MINUTE BREAK the meeting was recessed for a five-minute RECONVENE MEETING At 2 :55 p.m., the the Council Chamber of Bernardino, California. Adjourned Regular Meeting reconvened in City Hall, 300 North "D" Street, San ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Pope- Ludlam, Miller. 7 10/13/90 BUDGET CRISIS DISCUSSION Mayor Holcomb explained the provisions of Proposition 136 which will be on the November 6, 1990 ballot. He stated that if passed, it would take away majority rule in California and provide that cities and counties can no longer impose any new taxes without first going to a vote of the public which is costly and time consuming. COUNCIL MEMBERS ESTRADA, POPE-LUDLAM AND MILLER RETURNED At 2:58 p.m., Council Members Estrada, Pope-Ludlam and Miller returned to the Council Meeting and took their places at the council table. Because of the possibility of Proposition 136 being passed, Mayor Holcomb suggested that the Council consider increasing the City's utility tax prior to November 6, 1990, and suspend its operation for six months, and then, possibly suspend it for another six months. Thus, additi.onal money would be available if necessary. Susan Johnson, Sundance Drive, San Bernardino, Area Director for Neighborhood Watch "D", was in agreement with the Mayor's suggestions. She indicated she would contact citizens in the Neighborhood Watch group and ask that they contact their legislators to push for repeal of the law that has imposed additional costs on cities. ' A discussion ensued regarding the impact of closing various City centers and various alternatives, such as combining some of the functions of the various centers. RECESS MEETING - CLOSED SESSION At 3:40 p.m., the meeting was recessed to closed session for the following: 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 54956.9(b)(1), as there litigation; attorney regarding pending Government Code Section is significant exposure to d. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(c), so that Council may decide whether to initiate litigation. 8 10/13/90 CLOSED SESSION At 3:50 p.m., the closed session was convened in the conference room of the Council Chambers in 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, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Pope-Ludlam. ADJOURN CLOSED SESSION At 4:43 p.m., the closed session was 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 4:44 p.m., the Adjourned Regular Meeting 9f 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 City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Minor, Pope-Ludlam. ADJOURN MEETING At 4:45 p.m., Council Member seconded by Council Member Reilly and the meeting be adjourned to 8:30 a.m., in the Council Chambers of City Hall, Bernardino, California. Estrada made a motion, unanimously carried, that Monday, October 15, 1990, 300 North "D" Street, San ~~t~ No. of Items: No. of Hours: 2 3.75 9 10/13/90