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HomeMy WebLinkAbout10-25-1990 Minutes City of San Bernardino, California October 25, 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 1: 00 p. m. , Thursday, October 18, 1990, in the Management Information Center (MIC Room), Sixth Floor, 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 18, 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 11: 00 a.m., Friday, October 19, 1990, on the door of the place at which said meeting was held. The Adjourned Regular Meeting of the Mayor and Common Council was called to order by Mayor Holcomb at 9: 04 a.m., Thursday, October 25, 1990, 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 Reilly, Flores, Maudsley, Minor; City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Pope-Ludlam, Miller; City Attorney Penman. INVOCATION The invocation was given by Mr. Jerry Butler, Director, Mobile Home Rent Board. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Maudsley. COUNCIL MEMBER POPE-LUDLAM ARRIVED Council Member pope-Ludlam arrived at the Council meeting and took her place at the council table. CITY ATTORNEY PENMAN ARRIVED City Attorney Penman arrived at the Council meeting. PUBLIC HEARING - RESOLUTION ORDERING ANNEXATION NO. 349 FOR THE AREA GENERALLY LOCATED NORTH OF LYNWOOD DRIVE- EAST OF HARRISON STREET - (LAFCO 2632) (1) Mayor Holcomb explained that in the past the City had unsuccessfully tried to annex the area generally located north of Lynwood Drive, east of Harrison Street. However, a petition was 1 10/25/90 recently received from tenants of the Littleton Mobile Home Park requesting annexation to the City. COUNCIL MEMBER MILLER ARRIVED Council Member Miller arrived at the Council meeting and took her place at the council table. Mayor Holcomb stated that the hearing could not legally be concluded today due to a clerical error. The hearing will be continued to Monday, November 5, 1990, at 11:00 a.m. Mayor Holcomb stated that there are approximately 70,000 residents living in unincorporated pockets of the County within the City limits. Mayor Holcomb explained that the benefits of annexing to the City far outweigh the burden of additional fees. Benefits of City residency are many, such as a good library system, fire response time from the City of four minutes versus fourteen minutes for response from the County. Also, there are fifteen police units on patrol within the city at any time. Mayor Holcomb opened the unofficial hearing. Mr. John Fisher, a resident of Littleton Mobile Home Park, spoke in support of the annexation. Ms. Leora Grecian, a resident of the Littleton Mobile Home Park, spoke in support of the annexation. Council Member Minor made a motion, seconded by Council Member Flores, and unanimously carried, that the public hearing to receive, consider and rule upon written protests in the matter of annexation of the territory generally located north of Lynwood Drive, east of Harrison Street, south of 39th Street and west of Nountain Avenue, designated LAFCO 2632, be continued to 11:00 a.m., Monday, November 5, 1990, in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. DISCUSSION OF PROGRAM BUDGETS AND POTENTIAL REVENUE SOURCES - CONTINUED FROM OCTOBER 18, 1990 (2) This is the time and place continued to for consideration of program budgets and potential revenue sources. Mayor Holcomb explained that the State adopted a budget that severely reduced the County's funding, but permitted the County to recoup lost funds by charging cities fees for booking prisoners and collection of property taxes. Shauna Edwins, City Administrator, explained that the City needs to raise six million dollars. Of this amount, $2.5 million would cover the budget shortfall and allow the City to get 2 10/25/90 through this fiscal year's immediate needs only. The additional $3.5 million is needed to establish a reserve fund. Ms. Edwins explained that during the first round of budget discussions, it was estimated that $1.9 million would be saved from personnel cuts, unbudgeted business license fee revenue, savings from various sources and chargebacks to departments. Shauna Edwins gave details on a second set of recommendations outlining potential program cuts and potential revenue sources. Prooram Cuts Closing Utility Collection Center Cutting subsidy to Boys Club Closing Community Cultural Center Hernandez CID Nill Wests ide Drop-In Sturges Centers (cost per unit (cost per unit (cost per unit (cost per unit (cost per unit (cost per unit $5.06) $3.07) $3.05) $2.95) $2.65) $2.31) Library cut-back of 2.5% 5.0% 10.0% 12.5% Revenue Sources Youth Sports lighting costs Adult Sports lighting costs Aquatics Engineering Fees Reallocate Fine Arts funding Savings of $ 46,000 Savings of $ 26,000 Savings of $ 84,600 Savings of $151,897 Savings of $117,968 Savings of $125,446 Savings of $108,365 Savings of $114,000 Savings of $ 75,000 Savings of $150,000 Savings of $300,000 Savings of $375,000 Revenue of $ 75,000 Revenue of $ 25,000 Revenue of $ 50,000 Revenue of $200,000 Revenue of $114,000 Ms. Edwins explained that other potential areas of program cuts and revenue sources being discussed include imposing an entertainment tax, ceasing the operation of the fountain at Central City Mall, reducing training, and meetings and conferences accounts and increasing the utility users tax. Mayor Holcomb invited residents and business leaders in the community to come forward with solutions to the budget problem. He suggested they provide recommendations of ways in which the City can raise revenue or cut programs that would eliminate the need to look at increasing fees or taxes. 3 10/25/90 Mayor Holcomb read a letter from Mr. Merv Simchowitz of the Sunset Group, supporting the proposed increase of utility users tax by 1%. Mr. Sam Henley, Executive Vice President, San Bernardino Chamber of Commerce, spoke in opposition to raising the utility users tax. The Chamber opposes the increase because it would impede businesses coming into the City. Mr. Henley stated that the City of San Bernardino is the only City in San Bernardino County that has a utility users tax. The Chamber of Commerce believes that additional revenue could be generated by bringing new companies into the City. Mr. Mark Edwards, Vice President of the Chamber of Commerce Committee for Governmental Affairs, and a partner with the law firm of Reid and Hellyer, stated that the Chamber opposes Proposition 136. The Chamber is also opposed to the proposal for an increase in the utility users tax because of the negative effect it would have on economic development. Mayor Holcomb explained the utility tax exemption for low income individuals and families. The proposed resolution would increase the utility users tax by 1% from 8% to 9% and delay collection until May 1, 1991. This increase represents approximately a $1.6 million increase in revenue. If Proposition 136 does not pass, this resolution will be reviewed for repeal, or if proposition 136 does pass, this resolution will be kept and evaluated to see whether or not it is needed. Mr. Harry Holmes, Holmes Ice and Storage, spoke in opposition to the utility users tax increase and suggested the City use volunteers for positions in city hall and the Fire and police Departments. Mr. David Schultz, Chairman of Local Government Affairs Committee, San Bernardino Valley Board of Realtors, spoke in opposition to Proposition 136. He also explained that the Board of Realtors supports the City with any effort to approach the public for an increase in the general tax rate if there is a budget shortfall and sufficient funds are not generated to provide the level of services demanded. The Board of Realtors urged the Council to look at every option available other than an additional tax on businesses and industries. Mayor budgets and the meeting. Holcomb suggested potential revenue (See page 5) that the discussion of program sources be continued to later in 4 10/25/90 RECESS MEETING At 10:40 a.m., Mayor Holcomb declared a five minute recess. RECONVENE MEETING kt 10:50 a.m., Mayor Holcomb reconvened the Adjourned Regular Meeting of the Mayor and Common Council 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 Reilly, Flores Maudsley, Minor, pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, pope-Ludlam, Niller. DISCUSSION OF PROGRAM BUDGETS AND POTENTIAL REVENUE SOURCES - DISCUSSED EARLIER IN THE NEETING (See page 2) (2) This is the time and place continued to for consideration of program budgets and potential revenue sources. Mayor Holcomb explained the differences in budget funds such as the restricted funds, general funds, Redevelopment Agency funds and how each fund can be used. City Attorney Penman explained that his office has cut one investigator position for a savings of $30,772; reduced the travel and training accounts by 73% for a savings of $8,300; and laid off four legal secretaries which will save up to $9,173 for a total savings of $48,245. Council Member Minor made a motion, seconded by Council Member Maudsley, and unanimously carried, that, for discussion purposes only, the following items be considered for deletion from the budget: a) Utility Collection Center for a savings of $46,000; b) Costs of adult sports for a savings of $25,000; c) Cultural Center for a savings of $84,600; d) Westside Drop-In Center for a savings of $108,365; e) Library fund cut of 12.5% for a savings of $375,000; and f) Cease the operation of the Central City Mall fountain for a savings of $9,000, for a grand total of $647,965. Discussion deletion. The items and the involved. ensued regarding the Council requested more impact the cuts would six items proposed for specific details on these have on the departments Shauna Edwins, City Administrator, answered questions and clarified issues relating to the six items proposed for deletion from the budget. 5 10/25/90 Ms. Edwins, with departments training accounts City Administrator, stated have resulted in a cut in in the amount of $65,000. that the discussions travel and City Administrator Edwins suggested that the City consider adopting an ordinance stating that non-challenged incumbents do not have to be placed on the ballot. For example, if the three city-wide incumbents (City Attorney, City Clerk, and City Treasurer) are unchallenged, their names would not be required to be placed on the ballot. The Ci ty could then conduct the election in areas of the City where there were only ward races. Adopting such an ordinance would reduce the cost of the primary election by approximately $40,000. Mayor Holcomb instructed the City Attorney to prepare an ordinance containing these provisions. Ms. Edwins explained that this measure would not permit write-in candidates, and if a measure were placed on the ballot, a city-wide election would be necessary. Council Member Pope-Ludlam made a motion, Council Member Miller, that the discussion of program potential revenue sources be continued to the November 5, 1990, in the Council Chambers, 300 North San Bernardino, California. seconded by budgets and meeting of "DIl Street, The motion carried by the following vote: Ayes: Members Reilly, Flores, Minor, Pope-Ludlam, Miller. Council Member Maudsley. Absent: Council Member Estrada. Council Nays: Council Member Minor made a motion, Member Maudsley, and unanimously carried, purposes only, the Police Department be release all misdemeanor arrests. seconded by Council that for discussion instructed to cite City Attorney Penman explained that cite releasing criminals would increase the number of criminals on the streets and would increase crime and problems in the City. He stated that he could not support the motion, as the language is too broad in scope. Council Nember pope-Ludlam made a motion, seconded by Council Member Reilly, and unanimously carried, that the Chief of Police prepare a cite release policy that would avoid paying numerous booking fees to the County; that he be present to discuss the recommendation; and that the discussion of cite releasing misdemeanors be continued to the meeting of November 5, 1990, in the Council Chamber, City Hall, 300 North "D" Street, San Bernardino, California. 6 10/25/90 Council Nember Minor made a motion, seconded by Council Member pope-Ludlam, that the matter of charging other law enforcement agencies a rate on out of jurisdiction warrant arrests be referred to the City Attorney for further study and report back to the Cit.y Council at the meeting of November 5, 1990, in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Members Reilly, Flores, Minor, pope-Ludlam, Miller. Council Member Maudsley. Absent: Council Member Estrada. Council Nays: READING OF RESOLUTIONS City Clerk Krasney read the titles of all the resolutions on the Council agenda. RESOLUTION OF THE OF SAN BERNARDINO BETWEEN THE CITY DEVELOPNENT INC. MAYOR AND COMMON COUNCIL OF THE CITY APPROVING A CERTAIN AGREEMENT BY AND OF SAN BERNARDINO AND GATLIN/nr:RGER (Continued from October 15, 1990) (3) Nayor Holcomb outlined the benefits from increased sales tax a Wal-Mart store would bring to the City. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. It was the consensus of the Council that discussion of the resolution approving an agreement between the City and Gatlin/Berger Development Inc., be continued to Monday, November 5, 1990, to allow the City Attorney time to review the document. Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, that said resolution approving an agreement with Gatlin/Berger Development, Inc., be continued to Monday, November 5, 1990, in the Council Chamber, City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREENENT 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. (Continued from October 18, 1990) (4) Council Nember Naudsley made a motion, seconded by Council Member Flores, and unanimously carried, that said resolution relative to the building at Highland and Waterman Avenues be continued to Nonday, November 19, 1990, in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. 7 10/25/90 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO INCREASING THE SERVICE USERS TAX AS ESTABLISHED BY SAN BERNARDINO MUNICIPAL CODE CHAPTER 3.44 AND SUSPENDING THE COLLECTION OF SAID INCREASE UNTIL MAY 1, 1991 (5) Council Member Maudsley made a motion, seconded by Council Member Flores, and unanimously carried, that said resolution increasing the service users tax be continued to the meeting of November 5, 1990, in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. RECESS NEETING OCTOBER 18, 1990 At 11:47 a.m., the Development Commission following: CLOSED SESSION CONTINUED FROM (6 ) Common Council and Community to closed session for the Mayor and recessed 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 litigation pursuant to S49S6.9(b)(1), as there litigation; at torney 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). CLOSED SESSION At 11:47 a.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL Roll Holcomb; Attorney Absent: CALL call was taken with the following being present: Mayor Council Members Reilly, Flores, Minor, Miller; City Penman, City Clerk Krasney, City Administrator Edwins. Council Members Estrada, Maudsley, Pope-Ludlam. 8 10/25/90 ADJOURN CLOSED SESSION At 11:52 a.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 11:53 a.m., Mayor Holcomb reconvened the Adjourned Regular Neeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Minor, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Estrada, Maudsley, pope-Ludlam. ADJOURNMENT (7) At 11:54 a.m., Mayor Holcomb adjourned the Adjourned Regular Meeting to 8:30 a.m., Monday, November 5, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk By 1Iu{a/w~~j Melanie Vale Deputy City Clerk No. of Items: 7 No. of Hours: 3 9 10/25/90