HomeMy WebLinkAbout09-08-1992 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
SEPTEMBER 8, 1992
COUNCIL CHAMBERS
The regular meeting of the Mayor and Common Council of the
City of San Bernardino was called to order by Mayor Holcomb at
9:32 a.m., Tuesday, September 8, 1992, in the Council Chambers of
City Hall, 300 North "0" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Reilly, Hernandez,
Maudsley, Pope-Ludlam; City Attorney Penman, City Clerk Krasney,
ci ty Administrator Clark. Absent: Council Members Estrada,
Minor, Miller.
INVOCATION
The invocation was given by Council Member Pope-Ludlam.
COUNCIL MEMBERS ESTRADA AND MILLER ARRIVED
At 9:33 a.m., Council Members Estrada and Miller arrived at
the Council meeting and took their places at the council table.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Reilly.
CLOSED SESSION
The Mayor and Common Council did not recess
session during this meeting.
(1)
to closed
ANNOUNCEMENTS BY MAYOR AND COUNCIL
(2)
Mayor Holcomb announced that Council Member Minor had
surgery and would not be present at the Council meeting.
PUBLIC COMMENTS
(3)
There were no public comments during the public comments
section of this meeting.
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9/8/92
REAPPOINTMENT - BOARD OF WATER COMMISSIONERS - ROBERT
BIVENS (4)
In a
recommended
Street, San
memorandum dated August 10, 1992, Mayor Holcomb
the re-appointment of Robert Bivens, 1554 W. 15th
Bernardino, CA, to the Board of Water Commissioners.
Council Member Hernandez made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the recommendation
to re-appoint Robert Bivens to the Board of Water Commissioners,
for term expiring May 1996, be approved.
RE-APPOINTMENT BOARD OF WATER COMMISSIONERS-
MARGARET H. CHANDLER (4)
In a memorandum dated August 10, 1992, Mayor Holcomb
recommended the re-appointment of Margaret H. Chandler, P. O. Box
710, San Bernardino, CA, to the Board of Water Commissioners.
Council Member Hernandez made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the recommendation
to re-appoint Margaret H. Chandler to the Board of Water
Commissioners, for term expiring May 1997, be approved.
REAPPOINTMENT - BOARD OF WATER COMMISSIONERS - JAMES
H. URATA (4)
In a memorandum dated August 6, 1992, Mayor Holcomb
recommended the re-appointment of James H. Urata, 4201 Newport
Court, San Bernardino, CA to the Board of Water Commissioners.
Council Member Hernandez made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the recommendation
to re-appoint James H. Urata to the Board of Water Commissioners,
for term expiring May 1998, be approved.
APPOINTMENT - BRIAN D. BOOM - COMMUNITY DEVELOPMENT
CITIZEN ADVISORY COMMITTEE (4)
In a memorandum dated August 18, 1992, Mayor Holcomb
recommended the appointment of Brian D. Boom, 2888 North "D"
street, San Bernardino, CA to the Community Development citizen
Advisory Committee.
Council Member Hernandez made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the recommendation
to appoint Brian D. Boom to the Community Development citizen
Advisory Committee, be approved.
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APPOINTMENT CAROLYN BERRY-FREEMAN
DEVELOPMENT CITIZEN ADVISORY COMMITTEE
COMMUNITY
(4)
In a memorandum dated
recommended the appointment of
street, San Bernardino, CA to
Advisory Committee.
August 19, 1992, Mayor Holcomb
Carolyn Berry-Freeman, 1524 Wilson
the community Development citizen
Council Member Hernandez made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the recommendation
to appoint Carolyn Berry-Freeman to the Community Development
citizen Advisory Committee, be approved.
APPOINTMENT - JOHN L. RIDDELL - COMMUNITY DEVELOPMENT
CITIZEN ADVISORY COMMITTEE (4)
In a memorandum dated August 24, 1992, Mayor Holcomb
recommended the appointment of John L. Riddell, 815 W. Edgehill
Road, San Bernardino, CA to the Community Development citizen
Advisory Committee.
Council Member Hernandez made a motion, seconded by Council
Member Maudsley, and unanimously carried, that the recommendation
to appoint John L. Riddell to the Community Development citizen
Advisory committee, be approved.
WAIVE READING OF RESOLUTIONS AND ORDINANCES
(5)
Council Member Hernandez made a motion, seconded by Council
Member Estrada, and unanimously carried, that further reading of
all resolutions and ordinances on the regular, supplemental and
Community Development Commission agendas, be waived.
APPROVAL OF 1991/92 CONTINUING
ENCUMBRANCE CARRYOVERS
APPROPRIATIONS AND
(7)
In a memorandum dated August 17, 1992, Fred Wilson, Acting
Director of Finance, provided the recommended lists for the
1991/92 continuing appropriations and encumbrances for inclusion
in the 1992/93 budget. The items represent 1991/92 unexpended
budget dollars and open purchase orders. The carryover lists
were not prepared in concurrence with the 1992/93 budget process
due to additional time needed for the receipt and processing of
1991/92 vendor invoices. Vendor invoices for June are usually
received throughout the month of July and August.
Council Member Hernandez made a motion, seconded by Council
Member Estrada, and unanimously carried, that the listing of
proposed 1991/92 Continuing Appropriation and Encumbrance
carryovers as submitted by the Acting Director of Finance, be
approved.
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CONSTRUCTION OF SECOND AFTERBAY
POWER PLANT - REVISED MEMORANDUM
DEPARTMENT OF WATER RESOURCES
EXECUTE
FOR DEVIL'S CANYON
OF UNDERSTANDING -
AUTHORIZATION TO
(11)
In a memorandum dated August 19, 1992, Roger G. Hardgrave,
Director of Public Works/City Engineer, stated that at the
Council meeting of August 17, 1992, Mayor Holcomb was authorized
to sign the Memorandum of Understanding with the Department of
Water Resources, relative to construction of the second afterbay
for the Devil's Canyon Power Plant. After several concerns were
expressed, the memorandum of understanding was revised and faxed
to the Engineer's Office. The Memorandum of Understanding
contained added or amended language to section 2. Construction
Practices; section 5. Landscaping; section 6. Park; section 11-
Bailey Creek; section 14. Trails. Various other minor changes
have been incorporated into the revised M.O.U. for clarity.
Council Member Hernandez made a motion, seconded by Council
Member Estrada, and unanimously carried, that the Mayor be
author ized and directed to execute, on behalf of the City, the
revised Memorandum of Understanding between the City and
Department of Water Resources, of the state of California,
concerning construction of the Second Afterbay and Devil's Canyon
Power Plant.
CLAIMS AND PAYROLL
(13)
Council Member Hernandez made a motion, seconded by Council
Member Estrada, and unanimously carried, that the claims and
payroll, and the authorization to issue warrants as listed on the
memorandum dated August 24, 1992, from the Acting Director of
Finance, be approved.
PERSONNEL ACTIONS
(14)
Council Member Hernandez made a motion, seconded by Council
Member Estrada, and unanimously carried, that the personnel
actions submitted by the Chief Examiner dated August 27, 1992, in
accordance with all administrative regulations of the City of San
Bernardino, be approved.
RES. 92-353 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED
WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF
ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON
SAID PROPERTIES. (17)
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RES. 92-354 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 6413, SECTION ELEVEN, ENTITLED
IN PART "A RESOLUTION ESTABLISHING A BASIC
COMPENSATION PLAN II BY CODIFYING PRIOR COUNCIL
ACTIONS. (19)
RES. 92-355 - A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ESTABLISHING A RESIDENTIAL RECYCLING PILOT PROGRAM.
(21)
RES. 92-356 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO WEST STAR UNDERGROUND, INC. FOR
INSTALLATION OF SEWER IN SEPULVEDA AVENUE, NORTH OF
50TH STREET. (25)
RES. 92-357 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE PREVIOUSLY EXECUTED COOPERATIVE AGREEMENT
WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS
DEPARTMENT OF TRANSPORTATION, RELATING TO THE
INSTALLATION OF LEFT TURN PHASES ON HIGHLAND AVENUE
(STATE ROUTE 30) AND LINCOLN AVENUE; AND RESCINDING
RESOLUTION NO. 92-114. (29)
RES. 92-358 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO PAUL GARDNER CORPORATION FOR
MODIFICATION OF TRAFFIC SIGNALS AND HIGHWAY LIGHTING AT
HIGHLAND AVENUE AND LINCOLN DRIVE. (30)
RES. 92-359 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE FINAL MAP FOR PARCEL MAP NO. 14019,
LOCATED AT THE NORTHWESTERLY CORNER OF OHIO AVENUE AND
ESCENA STREET, ACCEPTING THE PUBLIC DEDICATIONS AS SET
FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE
PARCEL MAP IMPROVEMENT AGREEMENT FOR THE IMPROVEMENTS
IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
SPECIFIED. (31)
RES. 92-360 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A PURCHASE ORDER TO SILVA CONSTRUCTION FOR THE
FURNISHING AND DELIVERY OF HEAT SCARIFYING AND COLD
PLANNING, TO BE UTILIZED BY THE PUBLIC SERVICES/STREET
DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-93-
05. (33)
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9/8/92
council Member Hernandez made a motion, seconded by Council
Member Estrada, that said resolutions be adopted.
Resolution Nos. 92-353, 92-354, 92-355, 92-356, 92-357, 92-
358, 92-359, and 92-360 were adopted by the fOllowing vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Pope-Ludlam, Miller. Nays: None. Absent: Council Member
Minor.
ORD. MC-848 - ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTION 10.52.020 OF THE SAN BERNARDINO
MUNICIPAL CODE ESTABLISHING A THIRTY-FIVE MILE PER HOUR
SPEED ZONE ON ORANGE STREET, BETWEEN PACIFIC STREET AND
HIGHLAND AVENUE. Final (34)
ORD. MC-849 AN ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING SECTION 19.06.020, TABLE 06.01-
COMMERCIAL AND INDUSTRIAL DISTRICTS LIST OF PERMITTED
USES, OF THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19-
THE DEVELOPMENT CODE) RELATING TO MISCELLANEOUS INDOOR
AND OUTDOOR RECREATIONAL USES IN THE COMMERCIAL HEAVY
LAND USE DISTRICT. Final (35)
ORD. MC-850 - ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING AND REPLACING CHAPTER 15.37 OF THE SAN
BERNARDINO MUNICIPAL CODE; ESTABLISHING NEW POLICIES
AND PROVISIONS FOR REVIEW OF DEMOLITION PERMIT
APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS AND
STRUCTURES.
Final (36)
Council Member Hernandez made a motion, seconded by Council
Member Estrada, that said ordinances be adopted.
Ordinances MC-848, MC-849, and MC-850 were adopted by the
following vote: Ayes: Council Members Estrada, Reilly,
Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: None. Absent:
Council Member Minor.
OUT-OF-STATE TRAVEL - PRC TIBERON INTERNATIONAL USERS
CONFERENCE - OCTOBER 17 - 23, 1992 - VANCOUVER, CANADA
- DIRECTOR OF MANAGEMENT INFORMATION SYSTEMS (6)
In a memorandum dated August 19, 1992, Shauna Clark, city
Administrator, stated that in November, 1991, the Police
Department upgraded their RMS (Records Management System)
software. This upgraded software was purchased from Tiberon and
on-going problems have been experienced since its installation.
In addition, we are also experiencing problems with CAD (Computer
Aided Dispatch) whose software was purchased through PRC.
-
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9/8/92
The conference sponsored by PRC and Tiberon consists of five
day sessions that allow users to communicate with PRC and
Tiberon. Since the City has a number of unresolved issues
relating to the software for the CAD and RMS systems, it is
recommended that the Director of Management Information Systems
be authorized to attend the international users conference
October 17 through 23, 1992, in Vancouver, Canada.
City Administrator Clark stated that the PRC/Tiberon
conference has been cancelled and that the Director of Management
Information systems will not attend the conference.
Council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, that the request for out-
of-state travel for the Director of Management Information
systems to attend the PRC/Tiberon International Users Conference,
October 17 through 23, 1992 in Vancouver, Canada, be tabled.
COUNCIL MEMBER ESTRADA EXCUSED
At 9:41 a.m., Council Member Estrada left the Council
meeting.
DOWNGRADE PURCHASING CLERK TO ACCOUNT CLERK I - FINANCE
DEPARTMENT (8)
In a memorandum dated August 27, 1992, Barbara Dillon,
Director of Personnel, stated that Fred Wilson, Acting Director
of Finance, requested that one Purchasing Clerk be downgraded to
Account Clerk I. The purchasing clerk will be retiring in
September 1992. The Account Clerk I duties would consist
primarily of data input into the city's mainframe. Payroll
detail would be the major focus of the Account Clerk with other
input duties as required.
City Administrator Clark explained that on August 20, 1992,
the Personnel Committee contingently approved the request to
downgrade the Purchasing Clerk position to Account Clerk I. At
that time, the AFSCME representative stated he had no concerns.
Subsequent to the Personnel Committee's approval, the AFSCME
representative indicated that there were concerns and requested
that the item be referred back to the Personnel Committee for
further consideration.
Council Member Hernandez made a motion, seconded by Council
Member Reilly, and unanimously carried, that the matter relative
to the downgrade of one Personnel Clerk position to Account Clerk
I, be referred back to the Personnel Committee, to allow Chris
Gonzales, Union representative, to be present to express his
concerns.
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9/8/92
ESTABLISHMENT OF CONSTRUCTION INSPECTOR AND SECRETARY
POSITIONS - NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM PROGRAM (9)
In a memorandum dated August 24, 1992, Roger G. Hardgrave,
Director of Public Works/city Engineer, stated that in 1987, the
Clean Water Act was amended by congress to authorize the
Environmental Protection Agency to regulate the discharge of
storm waters into waters of the united states. The Santa Ana
Regional Board has adopted the policy that a permit be issued to
the San Bernardino County Flood Control District, with 17 other
cities being co-permittees.
State Legislation allows Charter cities to designate their
storm drain system as a utility, and levy a fee to cover
maintenance and operation costs. MC-828 was adopted April 6,
1992, to make this designation, and authorize a fee to be levied
to recover the costs for operation and maintenance of the storm
drain system. Resolution No. 92-129 was adopted to set a fee to
provide a source of financing other than the General Fund.
In order to implement the National Pollutant Discharge
Elimination system Program (NPDES), two additional positions are
required in the Public Works Department: One Construction
Inspector, Range 1350, $2541 - $3088/month; and one Secretary,
Range 1283, $1820 - $2212/month. It is proposed that all costs
incurred for compliance with the mandated NPDES program would be
financed with the fee recently imposed on water usage.
City Administrator Clark answered questions and stated that
the new surcharge fees would be billed to City residents and
would appear on their water bill.
council Member Reilly made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the new positions
of construction Inspector (1), Range 1350, $2,541 - $3,088/month,
and Secretary (1), Range 1283, $1,820 $2,2212/month, be
established in the Public Works Department under Budget Code 310.
council Member Reilly made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the Director of
Personnel be directed to update Section 10 of Resolution No.
6413, and Resolution No. 6433, to incorporate the new positions
of Construction Inspector and Secretary in the Public Works
Department.
COUNCIL MEMBER ESTRADA RETURNED
At 9:43 a.m., Council Member Estrada
meeting and took her place at the council
returned to the Council
table.
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9/8/92
CHANGE ORDER NOS. 10, 11 & 12 - PAVEMENT
ON WATERMAN AVENUE, FROM MILL STREET TO
E. L. YEAGER CONSTRUCTION
REHABILITATION
FIFTH STREET -
(10)
In a memorandum dated August 25, 1992, Roger G. Hardgrave,
Director of Public Works/Engineering, stated that the work
involved in widening the Waterman Avenue Bridge over the east
Twin Creek Channel required four existing pipe gates at the
access roads to be upgraded to chain link. Contract Change
Order No. 10, to the contract with E. L. Yeager construction,
authorizes payment to the contractor for the actual costs
incurred in the amount of $5,492.26. Change Order No. 11,
authorizes payment in the amount of $12,256.40 to the contractor
for 18,856 lbs. of reinforcing steel that was actually installed
in excess of 125% of the bid quantity. Change Order No. 12
allows for replacement and installation of new signal heads with
12-inch lenses at an agreed upon price of $7,365.66. The entire
cost of Change Order No. 12 would be financed with Federal-Aid
Urban Funds.
city
performed
orders.
Attorney Penman expressed concerns regarding the work
by the contractor and the reasons for the change
Roger Hardgrave, Director of
explained that the estimate for the
prepared by the private consulting
than anticipated.
Public Works/City Engineer,
quantity of reinforcing steel
engineer required more steel
Discussion ensued regarding change orders and whether or not
the change orders would impact the cost of the project.
City Attorney Penman pointed out the necessity of adequate
estimates received from private consulting engineers. He stated
that numerous errors have been made by private engineers that
have cost the City additional money.
A member of the Council inquired if the change orders were
the result of improper estimates given by consulting engineers or
if the change orders were the results of the economy.
It was suggested that the item be continued to the afternoon
session of the Council meeting, and instruct City Attorney Penman
to meet with Public Works Director Hardgrave to review all the
changes appearing on the agenda.
Mayor Holcomb threaten to issue an executive order
requiring that Mr. Penman present his requests regarding change
orders during agenda briefings.
,0.-
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9/8/92
Director Hardgrave answered questions and stated that the
reason for the change order was that the consulting engineer had
made an incorrect estimate on the quantity of reinforcing steel
needed for the project.
council Member Maudsley made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that Council Member
Hernandez be appointed as parliamentarian.
council Member Maudsley made a motion, seconded by Council
Member Hernandez, and unanimously carried, that Change Orders
Nos. 10, 11, and 12 to the contract with E. L. Yeager
Construction for the pavement rehabilitation on Waterman Avenue,
from Mill to Fifth street, in accordance with Plan No. 8038, be
approved; to authorize the contractor to install chain link gates
at the County Flood Control access roads, install additional
steel reinforcement at the bridge widening, and replace the
existing traffic signal heads on newly installed traffic signal
poles, at a total increase in the contract price of $25,114.32;
from $1,193,817.06 to $1,218,931.38; and that the matter of
potential claims on the steel shortage be referred to the City
Attorney's Office to confer with the City Engineer; and that City
Attorney Penman prepare a written report on the matter.
PAVEMENT REHABILITATION ON SOUTH "E" STREET, FROM
ORANGE SHOW ROAD TO MILL STREET - APPROVAL OF PLANS &
AUTHORIZATION TO ADVERTISE FOR BIDS (12)
In a memorandum dated August 20, 1992, Roger G. Hardgrave,
Director of Public Works/Engineering, stated that plans for the
rehabilitation of the pavement on South "E" Street have been
prepared and the project is ready to be advertised for bids. The
project consists of cold planning, installing fabric, and placing
minimum asphalt concrete. The total estimated project cost is
$375,000.
A discussion ensued regarding the remaining balance in the
1/2 Cent Sales Tax Local Fund Account for Fiscal Year 1992/93.
A member of the Council inquired if the private sector was
given an opportunity to place a bid on the proposed project.
City Administrator Clark stated that approval of the form
motion would allow the Engineering Department to advertise for
bids.
Council Member Miller made a motion, seconded by Council
Member Estrada, and unanimously carried, that the plans for
rehabilitation of pavement on South "E" Street, from Orange Show
Road to Mill Street, in accordance with Plan No. 8791, be
approved; and that the Director of Public Works/City Engineer be
authorized to advertise for bids.
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9/8/92
RES. 92-361 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND
BETWEEN THE CITY OF SAN BERNARDINO AND KENYON D.
CRABTREE, CONSULTANT, DOING BUSINESS AS THE
COMMUNICATIONS GROUP, FOR SERVICES RELATING TO MOBILE
DATA SYSTEMS PROJECT MANAGER SERVICES. (15)
Fred
questions
Consultant
Wilson, Assistant City Administrator,
regarding the selection of Kenyon D.
to provide services relative to the MDT's.
answered
Crabtree,
RES. 92-362 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE
CITY AND MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC.
FOR THE DESIGN, IMPLEMENTATION AND TESTING OF A MOBILE
DATA COMMUNICATIONS SYSTEM. (16)
Wayne Harp, Assistant Chief of Police, explained the purpose
for acquiring mobile data systems for the Police Department. He
stated that the mobile data systems (MDT's) would be installed in
patrol units to allow police officers to receive data and
transmit data to the dispatch center without using voice
transmission. He stated that currently there are three radio
frequencies available for voice transmission purposes. The
department is currently at approximately 40 percent above what
the primary tactical frequency can safely handle. This creates a
problem for the officers, because they have to wait approximately
five minutes to get on the air and transmit. The second function
of MDT's, in addition to enhancing officer safety, is the ability
to access previous criminal history; and the ability to access
the department's database and statewide databases.
A discussion ensued regarding the Fire Department's use of
MDT's and their preference of selecting lap top terminals versus
MDT units. It was pointed out that the Fire Department would not
receive adequate information concerning hazardous conditions with
the use of MDT units.
Assistant Police Chief Harp stated that scanners would
become obsolete once the MDT's are operational.
Council Member Miller made a motion, seconded by Council
Member Maudsley, that said resolutions be adopted.
Resolution Nos. 92-361 and 92-362 were adopted
following vote: Ayes: Council Members Estrada,
Hernandez, Mauds1ey, Pope-Ludlam, Miller. Nays: None.
Council Member Minor.
by the
Reilly,
Absent:
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9/8/92
RES. 92-363 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FIRST
INTERSTATE BANK TO PROVIDE DIRECT DEPOSIT SERVICES FOR
THE EMPLOYEES OF THE CITY OF SAN BERNARDINO. (18)
City Administrator Clark answered questions regarding the
anticipated savings provided from the direct deposit program. She
stated that it is difficult to measure the exact costs, but
indicated that the program would save transaction time for city
employees.
Council Member Miller made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution No. 92-363 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Pope-Ludlam, Miller. Nays: None. Absent: Council Member
Minor.
RES. 92-364 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DEPARTMENT OF PUBLIC SERVICES TO
REQUEST PROPOSALS, NEGOTIATE, AND PRESENT TO CITY
COUNCIL A CONTRACT WITH ONE OF THREE ENGINEERING
CONSULTANTS, WITH FUNDING APPROPRIATED IN THE REFUSE
FUND, TO PERFORM A COMPARATIVE FEASIBILITY STUDY FOR
THREE POTENTIAL REGIONAL SOLID WASTE TRANSFERS/MRF
SITES IN SAN BERNARDINO. (20)
Kevin Barnes, Refuse Superintendent, answered questions
regarding the intent of the feasibility study and whether or not
the solid waste transfer site would include the County's eastern
cities. He stated that the purpose for the feasibility study is
to allow the city of San Bernardino to proceed with solid waste
management planning and to identify an appropriate site to
transfer its own solid waste; and not to meet the needs of the
Eastern region. The City of San Bernardino has a large enough
waste stream necessary to secure financing for its own Material
Recovery Facility (MRF). Mr. Barnes indicated that the Colton,
Mid Valley, and San Timoteo landfill sites will be severely
impacted when the West Valley Milliken landfill site closes in
August 1993.
Mr. Barnes reported that the city of Ontario is planning a
project similar to the City of San Bernardino and that their
project is in the design stage. The City of Ontario has the only
single wasteshed that can support a Material Recovery Facility
(MRF) of its own. He pointed out that the City of Ontario has
made an attempt to bring other cities on board as a joint venture
project that would allow the MRF to be run cooperatively through
a county-wide j oint powers agreement. However, negotiations _,
failed as other smaller cities could not SUfficiently reach an
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9/8/92
agreement in time to meet the 1995 deadline to reduce by 50% the
processing of waste stream at a Material Recovery Facility (MRF)
site.
Superintendent Barnes speculated that the rest of the
Western region cities could end up going to a private MRF
facility. It is proposed that the old Kaiser site, which is in
the environmental impact report stage, be considered as the
private MRF facility. Mr. Barnes indicated that the City of San
Bernardino's refuse hauling vehicles would not be able to travel
to the Kaiser facility because of the distance.
Kevin Barnes explained that if the Western region does not
proceed and implement a solid waste recycling and transfer site,
the individual refuse hauling trucks could no longer go to the
Milliken landfill. All of the trucks would have to drive to the
City of San Bernardino's solid waste recycling transfer facility.
Superintendent Barnes answered questions and stated that
the city is considering three possible sites that would be
applicable for a solid waste recycling transfer facility.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
At 10:25 a.m., Council Member Pope-Ludlam left the Council
meeting.
Council Member Estrada made a motion, seconded by Council
Member Maudsley, that said resolution be adopted.
Resolution
Ayes: Council
Miller. Nays:
Ludlam.
No. 92-364 was adopted by the following vote:
Members Estrada, Reilly, Hernandez, Maudsley,
None. Absent: Council Members Minor, Pope-
RES. 92-365 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING THE SOURCE REDUCTION AND RECYCLING PLANNING
AGREEMENT MEMORANDUM OF UNDERSTANDING ALLOWING THE CITY
OF RIALTO TO AMEND THE PROFESSIONAL SERVICES CONTRACT
WITH EMCON ASSOCIATES TO COVER ADDITIONAL SERVICES
REQUIRED BY THE EAST VALLEY COALITION AND TO MEET THE
REQUIREMENTS OF STATE LAW. (22)
Council Member Hernandez made a motion, seconded by Council
Member Maudsley, that said resolution be adopted.
Resolution
Ayes: Council
Miller. Nays:
Ludlam.
No. 92-365 was adopted by the following vote:
Members Estrada, Reilly, Hernandez, Maudsley,
None. Absent: Council Members Minor, Pope-
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9/8/92
COUNCIL MEMBER POPE-LUDLAM RETURNED
At 10:27 a.m., Council Member Pope-Ludlam returned to the
Council meeting and took her place at the council table.
RES. 92-366 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A LEASE WITH SAN
BERNARDINO JUNIOR ALL-AMERICAN FOOTBALL, RELATING TO
THAT CERTAIN REAL PROPERTY SITUATED EAST OF MT. VERNON
AVENUE ON THE NORTH SIDE OF NINTH STREET AND COMMONLY
KNOWN AS 1244 WEST NINTH STREET. (23)
City Administrator Clark pointed out that the provisions in
the resolution would reduce the lease payments from $300 per
month to $75 per month for the San Bernardino Junior All-
American Football organization.
Council Member Estrada made a motion, seconded by Council
Member Hernandez, that said resolution be adopted.
Resolution No. 92-366 was adopted by the following vote:
Council Member Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam,
Miller. Nays: None. Absent: Council Member Minor.
RES. 92-367 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A
RESOLUTION . PROHIBITING PARKING UPON CERTAIN
DESIGNATED STREETS OR PORTIONS THEREOF. .," TO
ESTABLISH A NO PARKING ANY TIME ZONE ON ARROWHEAD
AVENUE BETWEEN ORANGE SHOW ROAD AND CENTRAL AVENUE.
(24)
Discussion was held regarding complaints from businesses
located in the vicinity of the satellite wagering center located
on Arrowhead Avenue. The complaints consist of patrons parking
in front of businesses, driveways and obstructing the view of
oncoming traffic.
A member of the Council suggested that the National orange
Show pay the costs incurred to install a "No Parking" zone on
Arrowhead Avenue, between orange Show Road and Central Avenue.
Council Member Hernandez made a motion, that the item be
continued in order to discuss the matter with the National Orange
Show.
The motion failed for lack of a second.
city Administrator Clark answered questions regarding funds
received from the National Orange Show through its gambling
operations. She stated that the City receives approximately
$300,000 each year.
14
9/8/92
Council Member Maudsley made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
Resolution
Ayes: Council
Miller. Nays:
Member Minor.
No. 92-367 was adopted by the following vote:
Members Estrada, Reilly, Maudsley, Pope-Ludlam,
Council Member Hernandez. Absent: Council
RES. 92-368 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO DBX, INC. FOR TRAFFIC SIGNAL
MODIFICATIONS AND INTERCONNECT ON MT. VERNON AVENUE,
FROM FIFTH STREET TO BASE LINE STREET. (26)
RES. 92-369 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO STEINY AND COMPANY, INC. FOR
TRAFFIC SIGNAL MODIFICATIONS AND INTERCONNECT ON MILL
STREET, FROM "K" TO "G" STREETS. (27)
RES. 92-370 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO KUNERT ELECTRIC FOR TRAFFIC
SIGNAL MODIFICATION AND INTERCONNECT ON HIGHLAND
AVENUE, FROM VALENCIA AVENUE TO GOLDEN AVENUE. (28)
COUNCIL MEMBER ESTRADA EXCUSED
At 10: 34 a. m., Council Member Estrada left the Council
meeting.
City Administrator Clark stated that the
recommended not having binding arbitration
contracts.
City Attorney has
clauses in City
city Administrator Clark requested that the Council decide,
as a policy matter, whether or not the City should have binding
arbitration clauses in its contracts or deliberate the matter in
court.
Mayor Holcomb opposed the idea of changing Caltrans' policy
on binding arbitration clauses. He pointed out that to change
Cal trans' policy would be very costly and time consuming. He
stated that there have been cases where the attorney's fees have
exceeded the amount involved in the case.
City Attorney Penman stated that when the matter of binding
arbitration first occurred, regarding Seccombe Lake Park, there
was a binding arbitration provision in the contract. At that
time, the City Attorney's Off ice opposed the approval of the
agreement containing the binding arbitration provision. Mr.
15
9/8/92
Penman stated that the previous mayor had made a decision
corresponding to the recommendation of the Engineering Department
that the City does not have an alternative in whether or not the
City should have binding arbitration provisions in Caltrans
contracts. It was determined that Caltrans requires the
provision.
Mr. Penman stated that during a closed session discussion,
an agreement was reached not to have binding arbitration
provisions. The agreement, supported by the Council, was to have
non-binding arbitration. However, when other contracts were
presented, the Engineering Department argued that Caltrans
required arbitration provisions. The City Attorney's Office
contacted Caltrans, but was unable to obtain a response.
City Attorney Penman reported that a response has been
received from Caltrans regarding the issue of binding
arbitration provisions. The written response received from
Caltrans appears to contain language that is contrary to what the
Engineering Department has indicated. city Attorney Penman read
into the record a portion of the response received from Mr.
Ralph B. Livingston, Assistant Chief counsel, Department of
Transportation, dated August 24, 1992, relative to the legal
issues of whether or not the City should have binding arbitration
clauses in its contracts as follows: "section 22201 Public
Contract Code authorizes, but does not mandate arbitration of
claims arising under a City contract. Accordingly, you have an
option in this regard and may delete the arbitration provision
if you wish. You mentioned that your project would utilize some
Federal funding; however, there is no requirement that you use
any particular sort of claim resolution process on a Federally
aided project".
City Attorney Penman stated that the city of San Bernardino
has lost only one case in arbitration. He pointed out that if
the City binds itself to arbitration, and doesn't provide
safeguard provisions with non-binding arbitration there is the
potential of losing the case.
City Administrative Clark suggested to the Council that if
the item is referred to the Legislative Review Committee, the
Council should place a limit on contracts that would contain
binding arbitration provisions.
Roger Hardgrave, Director of Public Works/city Engineer,
answered questions regarding the impact of not approving the
contracts. He pointed out that the Federally Aided Urban monies
would be given back to Caltrans to be allocated to another city.
Council Member Hernandez made a motion, seconded by Council
Member pope-Ludlam, that said resolutions be adopted.
16
9/8/92
Mayor Holcomb proposed that the issue of binding
arbitration be discussed as a separate issue. He stated that
the City is ready to award the contract. To start the process
over again with Caltrans, the City would have to re-advertise for
bids.
Mayor Holcomb urged the Council to take
today, and consider further discussions
incorporate binding arbitration provisions in
a later date.
action on the item
on the issue to
future contracts at
The Council requested that the city Attorney research the
issue of binding arbitration clauses before the matter is
presented to the Legislative Review Committee.
Director Hardgrave answered questions regarding the number
of times the City has entered into arbitration. He replied that
the City has entered into arbitration three times during his
thirty-one year tenure with the city.
Director Hardgrave agreed that for contracts which cost
below a certain dollar amount, it would not be practical for the
City to enter into arbitration. He stated that usually a project
under one million dollars, the chances of going to arbitration
are not likely. He pointed out that the contract for the
Seccombe Lake project was over two million dollars.
City Attorney Penman advised the Council that his department
has researched the issue of whether or not to incorporate
binding arbitration provisions in contracts, and based on the
research information and the corroborating letter from Mr.
Livingston, the City does not have to have binding arbitration
provisions in its contracts.
Resolution Nos. 92-368, 92-369, and 92-370 were adopted by
the following vote: Ayes: Council Members Reilly, Hernandez,
Maudsley, Pope-Ludlam, Miller. Nays: None. Absent: Council
Members Estrada, Minor.
AUTHORIZATION TO ESTABLISH IRVINGTON AND
ACQUISITION ASSESSMENT DISTRICT NO. 1008.
MAGNOLIA
(32)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Hernandez, and unanimously carried, that the City
Engineer and city Clerk be authorized to initiate proceedings for
the establishment of an assessment district under the provisions
of the Municipal Improvement Act of 1913, and the Improvement
Bond Act of 1915, to cover the acquisition of a portion of the
off-site improvements in Tentative Tract No. 14789 in the City of
San Bernardino, and do all things necessary to bring the project
to a timely completion.
17
9/8/92
RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING
APPOINTMENTS AND APPROVING VARIOUS AGREEMENTS IN
IRVINGTON AND MAGNOLIA ACQUISITION ASSESSMENT DISTRICT
NO. 1008. (32)
RESOLUTION OF THE CITY OF SAN BERNARDINO
FINDINGS ON PETITION FOR IRVINGTON AND
ACQUISITION ASSESSMENT DISTRICT NO. 1008.
MAKING
MAGNOLIA
(32)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Hernandez, and unanimously carried, that said
resolutions be continued to September 21, 1992 in the Council
Chambers of city Hall, 300 North "D" Street, San Bernardino,
California.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SECTION 5.04.623 TO THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO BUSINESS REGISTRATION CERTIFICATES FOR
BUSINESSES SELLING SPRAY PAINT AND WIDE-TIP MARKERS.
First (37)
It was pointed out that the purpose of the proposed
ordinance is to raise money from the spray paint industry to help
defray a portion of the City's costs incurred in combating
graffiti. The City is spending approximately $150,000 yearly on
graffiti removal. It is proposed that the revenue generated by
this program would be used to hire additional personnel for the
graffiti program.
COUNCIL MEMBER ESTRADA RETURNED
At 10:54 a.m., Council Member Estrada returned to the
Council meeting and took her place at the council table.
Members of the Council expressed concern that an additional
surcharge would greatly impact smaller businesses in the city.
Reference was made to the fact that surrounding cities have not
incorporated a surcharge on spray paint containers.
It was proposed that an additional surcharge of five cents
per spray can would be a minimal amount to impose on local
businesses.
City Attorney Penman advised the Council that he has not
signed the proposed ordinance. He stated that there could be a
potential legal issue because the ordinance is not signed as to
legal form and content and could be challenged in Court.
18
9/8/92
council Member Hernandez made a motion, seconded by Council
Member Miller, that said ordinance be continued to September 21,
1992, in the Council Chambers of City Hall, 300 North "D" street,
San Bernardino, California; and that staff be directed to contact
surrounding cities and see what their response is to passing
similar legislation.
The motion
Members Reilly,
None. Abstain:
Minor.
carried by the following vote:
Hernandez, Maudsley, Pope-Ludlam,
Council Member Estrada. Absent:
Ayes: Council
Miller. Nays:
Council Member
RECEIVE AND FILE GENERAL LIABILITY CLAIMS
ADMINISTRATION AUDIT - CONTINUED FROM AUGUST 17, 1992
(38)
This is the time and place continued to receive and file the
General Liability Claims Administration Audit.
In a memorandum dated September 1, 1992, Fred Wilson,
Assistant City Administrator, stated that on August 3, 1992, the
Mayor and Council agreed to defer filing of the Liability Risk
Management Audit pending clarification of comments and
recommendations by the auditor, Risk Management Department, and
the City Attorney's Office.
In a memorandum dated August 20, 1992, Richard J. Morillo,
Sr. Assistant City Attorney, stated that on August 3, 1992, a
meeting was held with Dennis Barlow, Victor Lorch, and himself
to identify problems relating to the General Liability Claims
Administration Audit report. It was pointed out that the
auditor's report contained inaccurate information concerning
staff ing levels in the city Attorney's Off ice and reported a
superficial analysis of the relationship that exists between the
city Attorney's Office and Risk Management.
In a letter dated August 6, 1992, Victor Lorch, Director of
Risk Management, requested clarification of some of the comments
made in the audit report prepared by Leo Heyenrath of Heyenrath
and Associates.
city Administrator Clark reported that the firm Heyenrath
and Associates performed an audit on the General Liability Claims
Administration and discovered that approximately 1.3 millon
dollars in funds could be recovered from former insurance
carriers. Also, operation of the City Attorney's Office was
included in the audit report. Ms. Clark stated that previous
Council action directed the city Administrator's Office, the City
Attorney's Office and the Risk Management Office to meet with
Heyenrath and Associates to work out the differences identified
by the City Attorney's Office. After meeting with the audit
firm, the City Attorney's Office prepared a report responding to
19
9/8/92
comments presented in the audit.
recommended that their comments
audit, as an addendum item.
The City Attorney's Office has
be incorporated, as part of the
Ms. Clark answered questions regarding the expenditure of
funds in the Liability Reserve Account. She stated that the
Liability Reserve Fund account is used to pay claims that are
authorized by the Mayor and Council. Payment is in settlement of
a court case or a claim filed against the City. The check is
drawn against the Liability Reserve Fund account. The Finance
Department has no control over the Liability Reserve Fund account
when a settlement of a claim is initiated by the city Attorney's
Office, because settlement cases are confidential and are
discussed in Closed Session.
Ms. Clark answered questions regarding the appropriate
procedure taken when a negotiated settlement is different from
the authorized amount approved by the Council. She stated that
if the agreed settlement amount is different from the authorized
amount granted by the Council, the City Attorney's Office is
expected to bring the matter back to the Council for approval.
Members of the Council voiced concern of not being informed
of the exact amount of money drawn from the Litigation account.
It was suggested that a report be prepared to reflect a running
balance of the amount drawn from the Liability Reserve Fund -
account; to include the name of the recipient, amount paid, and
the amount requested on claims.
Ms. Clark stated that the City Administrator's Off ice can
provide a report of the Liability Reserve Fund account that can
itemize each claim and present the report to the Council on a
monthly basis.
City Attorney Penman identified some of the problems with
the audit report. He stated that there were recommendations
which were not entirely resolved. Mr. Penman referred to
recommendation No.4 in the letter dated August 6, 1992, from Mr.
Lorch. Mr. Penman explained that the audit conducted on
liability claims arose prior to his taking office, and prior to
changes that were made in the City Attorney's Office after he
took office. He stated that there is no connection between the
claims audi ted and the present status of the City Attorney's
Office.
Mr. Penman stated that the processing of claims in the state
of California has a five-year statute of limitation and those
cases have to go to trial within five years after being filed.
What the City Administrator did not know was that most cases
never go to trial; and most of the cases that the auditor
reviewed were cases that never went to trial. A number of those
cases were settled before the five-year statute.
20
9/8/92
city Attorney Penman commented on the recommendation
presented by the Auditor that required the city Attorney's Office
to prepare detailed reports on every case and pass the
information to the Risk Management Department. Mr. Penman stated
that Mr. Lorch has concurred that he does not have staff with the
expertise to review those reports, and for the City Attorney's
Office to comply with the Auditor's recommendation, additional
staff would be needed.
City Attorney Penman recommended that the audit report be
approved and that the city Attorney's Office and Risk Management
Office be directed to implement those recommendations that are
agreed upon.
city Administrator Clark apologized to the Council for the
way in which she stated the motion. She announced that instead
of approving the recommendations exactly as written in the
Heyenrath's audit report, it is recommended that the Mayor and
council incorporate the negotiated recommendations that are
included in the backup, implement those recommendations, and
incorporate Mr. Morrillo's letter as part of the audit document.
city Attorney Penman concurred with the revised statement
of City Administrator Clark.
City Administrator Clark answered questions regarding the
party responsible for maintaining liability claim records. Ms.
Clark explained that when Mr. Penman became City Attorney, the
files from Risk Management were removed from the Risk Management
Department and placed in the City Attorney's Office. The risk
managers, at that time, did not work adequately with the City
Attorney's Office in determining the status of pending liability
cases. Since then, the working relationship between the city
Attorney's Office and the Risk Management Department has
improved.
A Council member expressed concern for the need to establish
a formal policy on absolute control over the liability claims
fund in the event of new staff in either the Risk Management
Division or City Attorney's Office.
Mayor Holcomb stated that the proposed motions, if
would attempt to formalize a policy to carry
recommendations proposed by the audit report.
approved,
out the
city Attorney Penman advised the Council that the City
Attorney's Off ice did not remove the claims files from Risk
Management. He stated that the City Attorney's Off ice removed
the lawsuit case files from Risk Management and placed those
files in the City Attorney's Office for supervision purposes. He
indicated that Risk Management is responsible for maintaining
claim files.
21
9/8/92
Council Member Pope-Ludlam made a motion, seconded by
Council Member Hernandez, and unanimously carried, that the
recommendations contained in the General Liability Claims
Administration Audit prepared by Heyenrath and Associates be
approved for implementation; that the comments contained in the
City Attorney's memorandum dated August 20, 1992, be incorporated
as an addendum to the report; that the recommendations concurred
to by the City Attorney's Off ice be incorporated; and that any
remaining recommendations be referred back to Council.
RECESS MEETING
At 11:13 a.m., Mayor Holcomb declared a five-minute recess.
RECONVENE MEETING
At 11:22 a.m., Mayor Holcomb reconvened the 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 Estrada, Reilly,
Maudsley, Pope-Ludlam, Miller; Deputy City Attorney Empeno, city
Clerk Krasney. Absent: Council Members Hernandez, Minor; City
Administrator Clark.
VIDEO PRESENTATION - RED RIBBON PARADE - HENRY VALLES,
RED RIBBON PARADE COMMITTEE CHAIRMAN (41)
Henry Valles, San
Health and Chairperson
presented a video of the
Bernardino County Department of PUblic
for the Red Ribbon Parade Committee,
Red Ribbon Parade held October 19, 1991.
Beverly Wright, co-chairperson, Red Ribbon Parade Committee,
gave background information regarding Red Ribbon Week.
REQUEST FOR WAIVER
RED RIBBON PARADE
AGAINST DRUGS
OF FEES AND CITY
OCTOBER 24,
CO-SPONSORSHIP OF
1992 COMMUNITY
(41)
In a memorandum dated August 19, 1992, John Kramer,
Superintendent of Recreation, Parks, Recreation and community
Services, stated that the fourth annual Red Ribbon Parade is
scheduled for October 24, 1992. The parade is the kick-off event
for the Red Ribbon week activities and is sponsored by San
Bernardino Communi ty Against Drugs, Inc. The San Bernardino
Community Against Drugs, Inc. is requesting that fees in the
amount of $2,286, associated with the event, be waived.
22
9/8/92
council Member Pope-Ludlam made a motion, seconded by
Council Member Miller, and unanimously carried, that the Red
Ribbon Parade scheduled for October 24, 1992 by the Community
Against Drugs be co-sponsored by the city and the costs incurred
by the use of city forces, equipment and Police personnel in the
amount of $2,286, be waived.
REQUEST FOR WAIVER OF FEES FOR USE OF SECCOMBE LAKE
PARK - SAN BERNARDINO COUNTYWIDE GANGS AND DRUGS TASK
FORCE - SEPTEMBER 12, 1992 (40)
In a memorandum dated August 19, 1992, Annie F. Ramos,
Director of Parks, Recreation and Community Services, stated that
the San Bernardino Countywide Gangs and Drugs Task Force has
requested a waiver of fees for use of Seccombe Lake Park on
September 12, 1992, for a special activity aimed at suppression
of gang and drug activity throughout the county. It is requested
that fees in the amount of $164, for use of the park and pavilion
building at Seccombe Lake Park, be waived.
Council Member Estrada made a motion, seconded by Council
Member Miller, and unanimously carried, that the request to waive
fees for use of Seccombe Lake Park in the amount of $164.00, be
approved.
COUNCIL MEMBER HERNANDEZ RETURNED
At 11:29 a.m., Council Member Hernandez returned to the
Council meeting and took his place at the council table.
REQUEST TO WAIVE FEES AND COSTS - 16TH OF SEPTEMBER
CELEBRATION - MEXICAN INDEPENDENCE DAY AT SECCOMBE LAKE
PARK - SEPTEMBER 16, 18 - 20, 1992 - THE INLAND EMPIRE
HISPANIC CHAMBER OF COMMERCE (42)
In a memorandum dated August 26, 1992, Annie Ramos, Director
of Parks, Recreation and community Services, stated that the
Inland Empire Hispanic Chamber of Commerce has scheduled the use
of Seccombe Lake Park for their Annual Mexican Independence Day
celebration. As part of their request, they have requested a
waiver of fees, incidental manpower and equipment costs in the
amount of $3,750. The use of the facility is scheduled for
September 18, 19, and 20, 1992.
Council Member Miller made a motion, seconded by Council
Member Pope-Ludlam, that utilization of City crews and equipment
for assisting The Inland Empire Hispanic Chamber of Commerce, in
their 16th of September celebration at Seccombe Lake Park be
authorized; and that the fees in the amount of $3,750 for use of
facilities and equipment and the expenses incurred by the use of
city forces and equipment in providing said assistance, be
waived.
23
9/8/92
The motion
Members Reilly,
None. Abstain:
Minor.
carried by the following vote:
Hernandez, Maudsley, Pope-Ludlam,
Council Member Estrada. Absent:
Ayes: Council
Miller. Nays:
Council Member
RES. 92-376 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CASA
RAMONA RELATING TO FINANCIAL ASSISTANCE FROM THE CIVIC
AND PROMOTION FUND FOR FISCAL YEAR 1992-93. (5-4)
Council Member Miller made a motion, seconded by Council
Member Pope-Ludlam, that said resolution be adopted.
Resolution No. 92-376 was adopted by the following vote:
Ayes: Council Members Reilly, Hernandez, Maudsley, Pope-Ludlam,
Miller. Nays: None. Abstain: Council Member Estrada. Absent:
Council Member Minor.
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 11:25 a.m., Chairman Holcomb called the Community
Development Commission to order in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
The council, acting as the Commission, took action on the
Community Development Commission agenda.
INSTALLATION OF IN-FILL IMPROVEMENTS
(R-2)
In a memorandum dated July 22, 1992, Roger G. Hardgrave,
Director of Public Works/Engineer, stated that tax allocation
bond proceeds have been allocated to finance the costs incurred
for installing landscaping and irrigation systems. A Landscape
Development Program, authorizing participation with property
owners for installation of landscaping on parcels adjacent to
selected major arterials, was established by Resolution No. 91-
185.
Since San Bernardino is an historic city, much of the street
infrastructure was installed many years ago. However, there are
still sections of street that have not been fully improved with
normal street infrastructure, such as curb and gutter and
sidewalk. Some sections of the existing street improvements
have been damaged due to normal deterioration over the years, or
from the growth of tree roots. These missing or damaged sections
of street improvements detract from the beautification provided
by the landscaping being installed. It is recommended that
$1,000,000 from Tax Allocation Bond Proceeds for installation of
in-fill street improvements and replacement of damaged
improvements, be approved.
24
9/8/92
council Member Pope-Ludlam made a motion, seconded by
Council Member Hernandez, and unanimously carried, that the
allocation of $1,000,000 from Tax Allocation Bond Proceeds, for
installing in-fill street improvements, and replacing damaged
improvements, on selected major arterials listed in Resolution
No. 91-185, be approved.
INSTALLATION OF SEWER MAINS - BETWEEN CALIFORNIA STREET
& STATE STREET, 17TH STREET AND WASHINGTON STREET, "K"
STREET, BETWEEN EAST BRANCH OF THE LYTLE CREEK FLOOD
CONTROL CHANNEL AND CONGRESS STREET - PLAN NO. 8663
(R-3)
In a memorandum dated August 14, 1992, Roger G. Hardgrave,
Director of Public Works/City Engineer, reported that plans for
the installation of sewer mains, between California Street and
State Street, and 17th Street and Washington Street, and in "K"
Street, between the East Branch of the Lytle Creek Flood Control
Channel and Congress Street, have been prepared and the project
is ready to be advertised for bids. The project consists of
installing sewer mains to provide sewer service to abutting
properties. The total estimated project cost is $480,000.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Hernandez, and unanimously carried, that the plans
for installing sewer mains between California Street and State
Street, and 17th Street and Washington Street, and in "K" Street,
north of the Lytle Creek Flood Control Channel, in accordance
with Plan No. 8663, be approved; and that the Director of Public
Works/City Engineer be authorized to advertise for bids.
REHABILITATION OF JOHNSON HALL COMMUNITY CENTER
(R-4)
In a memorandum dated August 24, 1992, Roger G. Hardgrave,
Director of Public Works/City Engineer, stated that plans for the
rehabilitation of Johnson Hall Community Center have been
prepared and the project is ready to be advertised for bids. The
project consists of replacing the ceiling lights and acoustical
tiles, installing a drinking fountain, and various other items.
The total estimated project cost is $21,500.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Hernandez, and unanimously carried, that the plans
for rehabilitation of Johnson Hall Community Center, in
accordance with Plan No. 8800, be approved; and that the Director
of Public Works/City Engineer be authorized to advertise for
bids.
25
9/8/92
WALMART PUBLIC IMPROVEMENTS - HIGHLAND & BOULDER (R-S)
In a memorandum dated August 13, 1992, Roger G. Hardgrave,
Director of Public Works/City Engineer, stated that Development
Agreement No. 91-02, between Gatlin-Doerken Developments and the
city, for the construction of a WalMart Center on the north side
of Highland Avenue at Boulder Avenue, was approved by the Mayor
and Common Council on November 4, 1991. The development
agreement provides that the City is responsible for design and
construction of certain improvements on Highland Avenue adjacent
to the site. The agreement further provides that the City may
allow the Developer to design and construct the improvements and
be reimbursed for the work.
Gatlin-Doerken is requesting that the City execute the
agreement to enable them to be reimbursed for the design cost,
which is estimated at approximately $60,000. The Developer has
declined to construct the street improvements, therefore, the
city will have to bid out and complete the work under a separate
contract.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Hernandez, and unanimously carried, that the
transfer of $800,000 from the $1,000,000 allocated from bond
proceeds for the South "E" Street Bridge widening project, to
street improvements for the WalMart site, at Highland Avenue and
Boulder Avenue, be approved.
COUNCIL MEMBER HERNANDEZ EXCUSED
Council Member Hernandez left the Council/Commission
meeting.
RES. 92-371 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND
BETWEEN THE CITY OF SAN BERNARDINO AND MICHAEL J.
ARNOLD AND ASSOCIATES, INC. RELATING TO ADVOCACY
SERVICES IN CONNECTION WITH LEGISLATIVE ACTIONS IN
SACRAMENTO. (R-8 )
Discussion ensued regarding advocacy services provided by
Michael J. Arnold and Associates, Inc. It was recommended that
the agreement be approved for another year.
COUNCIL MEMBER HERNANDEZ RETURNED
Council Member Hernandez returned to the council/Commission
meeting and took his place at the council table.
council Member Maudsley made a motion, seconded by Council
Member Miller, that said resolution be adopted.
26
9/8/92
Resolution No. 92-371 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Maudsley, Pope-Ludlam,
Miller. Nays: Council Member Hernandez. Absent: Council Member
Minor.
RECESS MEETING
At 12:23 p.m., the regular meeting of the Mayor and Common
Council recessed to 2:00 p.m., in the Council Chambers of city
Hall, 300 North "D" street, San Bernardino, California.
RECONVENE MEETING
At 2:04 p.m., Mayor Holcomb reconvened the 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,
Hernandez, Maudsley, Miller. City Attorney Penman, City Clerk
Krasney, City Administrator Clark. Absent: Council Members
Estrada, Minor, Pope-Ludlam.
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 2:04 p.m., Chairman Holcomb called the Community
Development Commission to order in the Council Chambers of City
Hall, 300 North "D" street, San Bernardino, California.
The Common Council, acting as the Commission, heard a verbal
report from Tim Steinhaus, Administrator of the Economic
Development Agency, relating to the State of California Budget
impact on the Redevelopment Agency.
COUNCIL MEMBER ESTRADA RETURNED
At 2:06 p.m., Council Member Estrada returned to the
Council/Community Development Commission meeting and took her
place at the council table.
APPEAL - PLANNING COMMISSION'S DENIAL OF VARIANCE NO.
92-10 - CONSTRUCT 95-FOOT TALL FREEWAY SIGN, CENTER
IDENTIFICATION MONUMENT SIGN - NORTHEAST CORNER OF 1-
215 OFFRAMP, UNIVERSITY PARKWAY - QUIEL BROS. SIGN CO.
- CONTINUED FROM AUGUST 3, 1992 (45)
This is the time and place continued to consider an appeal
of the Planning Commission I S denial of Variance No. 92-10, to
construct a 95-foot tall freeway sign identifying seven tenants
and a center identification monument that identifies six tenants.
The subject property is located on the northeast corner of the 1-
215 northbound offramp and University Parkway. The appeal was
filed by Quiel Bros. Sign Company.
27
9/8/92
In a memorandum dated August 19, 1992, Al Boughey, Director
of Planning & Building Services, stated that on August 3, 1992,
the Mayor and Council continued this item to enable the
applicant, Camden Development LTD, to present a revised design
for the proposed freeway sign.
In a memorandum dated September 1, 1992, Al Boughey,
Director of Planning & Building Services, stated that the
Planning Division received copies of two revised sign designs,
which were prepared by the applicant pursuant to the Council's
request on August 3, 1992. Upon viewing the proposed revisions,
staff felt that these designs do not significantly differ in
nature from the original proposals, nor do they make substantive
attempts to comply with staff's recommended freeway design
specifications. As a result, staff does not support the
applicant's revised design concepts.
Mayor Holcomb opened the hearing.
Al Boughey, Director of Planning and Building Services,
stated that the applicant has re-submitted revised drawings but
staff does not concur with the revised drawings. Staff's
recommendation is to deny Variance No. 92-10, and to proceed with
a program of defining appropriate highway signage with
comprehensive views towards signage along the interstates in the
ci ty. He stated that staff recognized that businesses located
along the interstate are providing highway services that need to
be identified to the traveling public, but there needs to be a
balance of providing that identification without adding to the
visual pollution in the city. The original request was for a
346 square foot drawing and later was revised to 311 square feet.
The allowable square footage per face is 125 square feet. The
applicant originally requested seven independent signs on the
face for seven businesses and revised that to five. The
Development Code, however, requires three signs.
Staff's recommendation to the Council would be to consider a
variance because of the mountain at the proposed location; that
the height of the sign be set at a maximum of 80 feet; that
channel letters be used instead of the panel back lighting; and
that the sign be limited to three names.
Ari Miller, representing Camden Development LTD, thanked the
Mayor and Council for an opportunity to reach a compromise to
revise their sign. He stated that the number of tenants on the
sign have been reduced from seven to five. The proposed tenants
include one gas station and four restaurants all desiring
freeway signage. The height of the sign has been reduced from
111 square feet to 95 square feet. Ninety-five square feet is
needed because the first 62 feet of the sign are completely
obscured by the hillside, thus leaving only 33 feet of sign
visible from the freeway.
28
9/8/92
Mr. Miller stressed the need for services in the University
Parkway area. Mr. Miller stated that the project would generate
165 jobs and contribute approximately 15 million dollars in
annual sales tax revenues.
Discussion ensued regarding freeway signage and how other
cities address developers' requests for freeway signs.
Planning Director Boughey answered questions regarding
future policy as it relates to signs along the freeways. He
indicated that staff would be developing a more comprehensive
highway signage package that would eliminate variances except
when there are extenuating circumstances.
Planning Director Boughey stated that Caltrans is proposing
a freeway sign that is blue in color with logos of various
service stations, restaurants, and hotels in close proximity to
the interchange. This type of sign provides for off-site
identif ication on both ramps on both directions. Mr. Boughey
stated that this type of signage would be the City's first
preference.
A member of the Council inquired if temporary signs could be
approved until the state's signage proposal is approved.
Mr. Boughey replied that for this particular project it
would be difficult to obtain a temporary sign permit, due to the
size of the sign. He suggested a more creative approach would be
to allow some type of off-site signage for businesses until a
more comprehensive plan can be developed. Currently, off-site
signage is not allowed under the city's Development Code.
Mr. Miller answered questions and stated that implementation
of off-site proposal would take several years. He felt that the
proposal would create disadvantages unless the signage program is
uniform throughout the City. He pointed out that granting his
variance request would not set precedence for tall signs. He
stated that a variance is needed because of the unique
topographical conditions that exist at the proposed site.
Planning Director Boughey concurred that the hill is a
visual barrier to the northbound traffic.
Gary Kirby, 15050 Yardley, San Bernardino, CA, urged the
Council to support the appeal based on economic and geographical
reasons. He stressed the need for public services in the
University Parkway area and pointed out that little or no
infrastructure exits in the area.
Discussion ensued regarding the signage request from WalMart
in comparison to the proposed signage request for this project.
29
9/8/92
Paul Brown, consultant for Quiel Bros. Sign Co., spoke in
support of the variance request. He pointed out that the sign is
needed in order to attract motorists traveling on the freeways.
Mr. Brown proposed he be allowed to go with staff to conduct the
flag check to determine the height needed for the sign. He
stated that the sign has to be a certain height in order to see
the sign from the freeway.
Mr. Miller answered questions and stated that he agreed that
the minimum height to see the sign over the hill is 62 feet.
Council Member Hernandez made a motion, to approve the
appeal.
*Note: The motion failed for lack of a second.
Discussion was held regarding the sign and the number of
businesses that could be advertised. It was pointed out that the
city's Development Code allows three businesses to be advertised,
whereas, the applicant is requesting to advertise five
businesses.
Al Boughey, Director of Planning and Building Services,
stated that staff is requesting that the sign be redesigned to
incorporate channel letters as opposed to the panel design shown
on the drawings.
Planning Director Boughey suggested that if the Council
desires to approve the var~ance that the maximum height for the
sign be 80 feet; that a maximum of three businesses be allowed
per face with a 125 square foot per face sign area with channel
letters or logos, or channel logos; and that architectural
treatment be provided to the poles.
Mr. Miller stated that there are four restaurants and one
gas station in need of a sign. It is proposed that if these
tenants do not receive a sign they will not locate in the
shopping center. Mr. Miller stated that the request for channel
lettering is acceptable if the City were flexible to accommodate
logos.
Planning Director Boughey answered questions regarding
measurement of the sign with channel letters. It was pointed out
that the maximum height of the sign would then be 80 feet. He
proposed that if five businesses were allowed to advertise, the
logos would have to be setup side by side. Mr. Boughey
recommended that the portion of the sign that identifies
University Village be eliminated.
Mr. Miller agreed to use channel letters.
30
9/8/92
council Member
Member Pope-Ludlam,
and that staff be
concurred to by the
time.
Miller made a motion, seconded by Council
that the variance be seriously considered;
instructed to come back with conditions
applicant. *Note: No vote was taken at this
Mr. Miller requested clarification regarding whether or not
the Council would approve five signs.
council Member Estrada made a substitute motion, seconded by
Council Member Pope-Ludlam, and unanimously carried, that staff
be directed to prepare positive findings of fact for five tenant
signs; that channel lettering be used, and architectural
amenities be included in the findings to be brought back at the
Council meeting of September 21, 1992.
Mr. Miller stated that he would agree to remove the
University Village portion of the sign and use channel letters
instead of the illuminated plates.
Discussion ensued regarding a reduction to the height of the
sign. It was pointed out that staff would have to come back with
findings to support a sign that is between 62 and 85 feet in
height.
Mr. Paul Brown
feet and that the
Department.
suggested that the sign be approved at 85
details be worked out with the Planning
A member of the Council requested that the Planning
Department come back with a sign 8S-feet tall that allows for
five tenant signs, and come back with findings of fact.
A member of the Council pointed out the need to provide
architectural treatment to the sign poles.
Planning Director Boughey stated that staff's recommendation
would be to require some form of architectural treatment as part
of the overall design.
CITY CLERK KRASNEY EXCUSED
At 3:01 p.m., City Clerk Krasney left the Council meeting
and was replaced by Deputy city Clerk Jones.
31
9/8/92
GENERAL PLAN AMENDMENT TO CHANGE LAND USE DESIGNATION
FROM IL, INDUSTRIAL LIGHT, TO CR-3, COMMERCIAL REGIONAL
- GARDENA STREET (WEST), CAROLINE STREET (NORTH), GAGE
CANAL/CITY LIMITS (EAST) AND THE SOUTHERN PACIFIC
RAILROAD RIGHT-OF-WAY (SOUTH) (46)
In a memorandum dated August 19, 1992, Al Boughey, Director
of Planning & Building Services, stated that the Planning
Commission has requested that the Mayor and Council direct staff
to process a city initiated General Plan amendment to change the
land use designation from, IL, Industrial Light, to CR-3,
Commercial Regional, on the parcels bounded by Gardena Street
(west), Caroline Street (north), Gage Canal/City limits (east)
and the Southern Pacific right-of-way (south).
Mayor Holcomb stated that the request is from the Planning
Commission and staff is strongly opposed to this precedent
because it will cost the city a lot of money, that the property
owner should pay for traffic studies rather than have council
approve and pay for traffic studies that the applicant should pay
for. This is a precedent and would seriously impact the General
fund.
Al Boughey, Director of Planning and Building Services,
stated that on August 4, 1992, the Planning commission passed a
motion to recommend the adoption of General Plan Amendment No.
91-06, and requested that the Mayor and Council direct staff to
prepare a City initiated General Plan amendment to redesignate
neighboring properties.
Mr. Boughey voiced concern that the applicant should be
responsible for obtaining the necessary environmental traffic
studies and that if the residents desire to change the land use
on their property that they should go through the necessary steps
and submit an application and pay the necessary costs. The
traffic study for this type of General Plan amendment could cost
$5000 plus an additional $2000 in processing costs.
Planning Director Boughey stated that at the Planning
Commission meeting held on August 4, 1992, an owner of property
located on Artesia Street spoke in opposition to the proposed
General Plan amendment because the amendment site did not extend
eastward to include the blocks between Gardena Street and the
City limits, and thus felt "disenfranchised."
Mayor Holcomb pointed out that
precedent for the city to start paying
study and environmental impact reports.
it would be a very bad
the costs for the traffic
32
9/8/92
Mr. Boughey stated that the City has never done a General
Plan amendment on such a large scale as proposed. The proposed
General Plan amendment includes approximately 30 to 35 acres in
the area.
Mike Newman, 2349 S. Gardena, San Bernardino, CA, objected
to the proposed General Plan amendment. He stated that it would
delete approximately 5 businesses out of existing zoning
designations. He pointed out that approximately 50 jobs would be
eliminated as a result of the General Plan amendment.
COUNCIL MEMBER ESTRADA EXCUSED
Council Member Estrada left the Council meeting.
Mr. Boughey answered questions regarding additional parcels
of land that had been included in the boundaries of the proposed
General Plan amendment as referenced in Attachment "1" of staff
report dated August 19, 1992, from the Planning Department.
council Member Maudsley made a motion, seconded by Council
Member Miller, that the request by the Planning commission to
direct staff to process a City initiated General Plan amendment
to change the land use designation from IL to CR, in all parcels
bounded by Gardena street, Caroline street, Gage Canal, City
limits, and the Southern Pacific Railroad right-of-way, be
denied.
The motion carried by the following vote: Ayes: Council
Members Reilly, Maudsley, Pope-Ludlam, Miller. Nays: Council
Member Hernandez. Absent: Council Members Estrada, Minor.
PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 91-06 - TO
CHANGE LAND USE DESIGNATION FROM IL TO CR-3 - WATERMAN
AVENUE (WEST), CAROLINE STREET (NORTH), GARDENA STREET
(EAST) AND THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY.
(47)
In a memorandum dated August 19, 1992, Al Boughey, Director
of Planning & Building Services, stated that the objective of the
CR-3 land use designation is to continue and expand the region-
serving mixed use centers established by the Tri- city/
Commercenter and Club areas. The proposed amendment area would
provide an eastward continuation of the "Club" commercial
development south of the 1-10 freeway, which would reinforce the
commercial character of Waterman Avenue south of the freeway.
The Waterman Avenue overpass would then provide a physical and
visual transition to the industrial and residential uses south of
the railroad.
COUNCIL MEMBER ESTRADA RETURNED
Council Member Estrada returned to the Council meeting and
took her place at the council table.
33
9/8/92
RES. 92-372 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-06 TO
THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (47)
Mayor Holcomb opened the hearing.
Joseph Beeler, J. N. Beeler & Associates, 6104 Riverside
Avenue, suite B, Riverside, CA 92506, stated that he made the
application on behalf of property owners and several adjoining
property owners to request a change to the land use designation
from IL, Industrial Light, to CR-3, Commercial Regional, located
at the southeast corner of Caroline Street and Waterman Avenue.
Al Boughey, Director of Planning and Building Services,
stated that the Planning Department received a letter from Mr.
Hollingsworth, 2265 Gardena Street, San Bernardino, CA in
opposition to General Plan Amendment No. 91-06, with regards to
changing the zoning from IL to CR-3. He requested that the
Council and the Planning commission revise General Plan Amendment
No. 91-06 to include the area west of Artesia east of Gardena
south of Caroline and north of the railroad tracks.
Planning Director Boughey recommended that the Mayor and
Council approve General Plan Amendment No. 91-06.
Council Member Pope-Ludlam made a
Council Member Miller, that the hearing
resolution be adopted.
Planning Director Boughey answered questions and stated that
the entire block west of Gardena within the boundaries of the
four streets was included in the General Plan Amendment; that
the applicant prepared the environmental studies for the area
including the other parcels; that the parcel owners have been
notified by city staff of the rezoning; and that Planning staff
has not received any objections from parcel owners regarding the
rezoning.
motion, seconded by
be closed and said
Resolution
Ayes: Council
Miller. Nays:
Member Minor.
No. 92-372 was adopted by the following vote:
Members Estrada, Reilly, Maudsley, Pope-Ludlam,
Council Member Hernandez. Absent: Council
RECESS MEETING
At 3:13 p.m., Mayor Holcomb declared a five-minute recess.
RECONVENE MEETING
At 3:21 p.m., Mayor Holcomb reconvened the regular meeting
of the Mayor and Common Council in the Council Chambers of City
Hall, 300 North "D" street, San Bernardino, California.
34
9/8/92
ROLL CALL
Roll call was taken by Deputy City Clerk Jones with the
following being present: Mayor Holcomb; Council Members Reilly,
Hernandez, Maudsley, Pope-Ludlam, Miller; City Attorney Penman,
Deputy City Clerk Jones, City Administrator Clark. Absent:
Council Members Estrada, Minor.
DISCUSS AND TAKE POSSIBLE ACTION - AUDIT OF ALL
ORDERS APPROVED BY THE COUNCIL IN THE LAST
MONTHS - CONTINUED FORM AUGUST 17, 1992
CHANGE
TWELVE
(39)
This is the time and place continued to consider and take
possible action relative to an audit of all change orders
approved by the Council in the last twelve months.
In a memorandum dated August 7, 1992, Mayor Bob Holcomb,
stated that the City Attorney, through public statements and a
letter to the Grand Jury, has requested an investigation on the
basis that change orders approved by the Council at recent
meetings have been tainted with improprieties. The Grand Jury,
having just reconvened with new membership, is unable to attend
to this investigation for several months. Mayor Holcomb
requested that the Council formally authorize an audit of all
change orders approved by the Council in the last twelve months
and that the audit be performed by a reputable CPA firm.
Mayor Holcomb stated that an audit conducted by a reputable
CPA firm, who understands the change order process, review the
change orders for any unusual or improper activities.
Mayor Holcomb stated that an estimate has been received and
that the audit costs would not exceed $5000. Mayor Holcomb
recommended that the Council approve the request and allow City
Treasurer David Kennedy to select the firm to conduct the audit.
COUNCIL MEMBER ESTRADA RETURNED
At 3:27 p.m., Council Member Estrada returned to the Council
meeting and took her place at the council table.
Council Member Reilly made a motion, seconded by Council
Member Pope-Ludlam, that an audit be conducted, by a reputable
CPA firm, of all change orders approved by the Council in the
last year (August 17, 1991 to August 17, 1992). *Note: No vote
was taken at this time.
Discussion ensued regarding the scope of services to be
provided by the auditor.
35
9/8/92
Mayor Holcomb explained the circumstances involving the
Chestnut Avenue storm Drain change orders. He stated that after
the bids were received, it was determined that the bid was under
the engineer's estimate. A decision was made to add the riprap
back into the project that was originally taken out.
City Attorney Penman commented on his letter to the Grand
Jury. He stated that his letter did not contain information
regarding the integrity of the Director of Public Works/city
Engineer. Mr. Penman stated that the audit would provide the
information needed to determine if the same company/companies are
receiving numerous change orders. Mr. Penman stressed that the
letter to the Grand Jury was to clarify not to accuse anyone of a
crime. The matter was referred to the Grand Jury under the civil
Review powers not under criminal powers.
Mayor Holcomb expressed concern that the motive of the City
Attorney was to cast doubt and suspicion on the city.
A member of the Council inquired if Federally funded
projects that have already been audited would be reaudited.
It was pointed out that the auditor would be responsible for
determining the need for reauditing Federal projects.
Concern was expressed on the abuse of taxpayers' money and
the constant allegations between the different departments within
city Hall.
Mayor Holcomb pointed out that an audit on the liability
claims filed against the City revealed a breakdown in procedures
between the Risk Management Department and the City Attorney's
Office. It was discovered that approximately $1,250,000 can be
recovered from insurance companies.
Council Member Reilly amended his motion, seconded by
Council Member Pope-Ludlam, that an audit be conducted, by a
reputable CPA firm, of all change orders approved by the Council
in the last two years. (August 17, 1990 through August 17, 1992)
The motion carried by the following vote:
Members Reilly, Hernandez, Maudsley, Pope-Ludlam.
Members Estrada, Miller. Absent: Council Member
Ayes:
Nays:
Minor.
Council
Council
ESTABLISHMENT OF FOLLOW/UP
COUNCIL MEMBER HERNANDEZ
ENFORCEMENT POLICY
(43)
In a
Hernandez,
enforcement
directed by
memorandum dated August 31, 1992, Council Member
requested that the Council establish a follow/up
policy to confirm that action has been taken as
the Council vote.
36
9/8/92
Council Member Hernandez stated that he had discovered that
Mayor Holcomb had directed staff not to proceed with the requests
for proposals relating to the mobile home park construction
project after the Council had voted on the matter.
Mayor Holcomb stated that the request for proposals on the
mobile home park construction project contained language that
needed clarification. He pointed out that it could have been
very detrimental for the City and could have resulted in costly
public expenditures. Mayor Holcomb stated that there should be
safeguards incorporated in the policy to permit staff to take the
necessary actions when an error has been discovered after the
Council has voted.
council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, to refer to the
Legislative Review Committee the establishment of a
fOllowup/enforcement policy to make certain that action is taken
on an issue passed by the vote of the Council.
REQUEST TO BE RELIEVED OF OBLIGATION TO PAY CITY'S AREA
TAX - PHILIP KASSEL (44)
In a memorandum dated August 6, 1992, Fred Wilson, Assistant
City Administrator, reported that on July 29, 1992, the Ways and
Means Committee recommended denial of the request by Mr. Kassel
to discontinue paying area tax.
In a letter dated April 27, 1992, Philip Kassel, Attorney,
334 West Third street, San Bernardino, CA, protested the paying
of City area taxes. He stated that the tax only applies to
businesses or law offices that are within a certain designated
area. Other law offices that practice on the east side of
Arrowhead Avenue do not pay the area tax. He felt that the area
tax is unfair taxation that should be discontinued.
ci ty Administrator Clark stated that the motion should be
amended to read as follows: "That the recommendation of the Ways
and Means Committee that no change be made to the city's area
tax, be approved; and that Mr. Phillip Kassel's request to be
relieved of obligation to pay said tax, be denied".
Council Member Estrada made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the
recommendation of the Ways and Means Committee that no change be
made to the City's area tax, be approved; and that Mr. Philip
Kassel's request to be relieved of the obligation to pay said
tax, be denied.
37
9/8/92
INSTALLATION OF SEWER MAIN - REDLANDS BOULEVARD, FROM
HUNTS LANE TO CLUB WAY APPROVAL OF PLANS AND
AUTHORIZATION TO ADVERTISE FOR BIDS (5-1)
In a memorandum dated September 2, 1992, Roger G. Hardgrave,
Director of Public Works/City Engineer, stated that plans for the
installation of a sewer main in Redlands Boulevard have been
prepared, and the project is ready to be advertised for bids.
The project consists of removing the 457 feet of 8-inch sewer
main, and installing 18-inch sewer main between Hunts Lane and
Club Way. The total estimated project cost is $145,000.
Council Member Hernandez made a motion, seconded by Council
Member Estrada, and unanimously carried, that the plans for
installation of a sewer main in Redlands Boulevard, from Hunts
Lane to Club Way, in accordance with Plan No. 8774, be approved;
and that the Director of Public Works/City Engineer be authorized
to advertise for bids.
COUNCIL MEMBER HERNANDEZ EXCUSED
Council Member Hernandez left the Council meeting.
RES. 92-373 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MOHLE,
GROVER AND ASSOCIATES, INC. FOR PROVISION OF
PROFESSIONAL ENGINEERING DESIGN SERVICES FOR
INTERCONNECTING AND UPGRADING TRAFFIC SIGNALS IN THE
CENTRAL BUSINESS DISTRICT. (5-2)
Council Member Estrada made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution
Ayes: Council
Miller. Nays:
No. 92-373 was adopted by the following vote:
Members Estrada, Reilly, Maudsley, Pope-Ludlam,
None. Absent: Council Member Hernandez, Minor.
COUNCIL MEMBER HERNANDEZ RETURNED
Council Member Hernandez returned to the Council meeting and
took his place at the council table.
RES. 92-374 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A PARKING AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND KAUFMAN WALD
INVESTMENT COMPANY, A CALIFORNIA CORPORATION BY THE
MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID
CITY. (5-3)
Council Member Estrada made a motion, seconded by Council
Member Pope-Ludlam, that said resolution be adopted.
38
9/8/92
City Administrator Clark explained that the Council had
previously approved the parking agreement with Mr. Kaufman for 81
designated parking spaces in Parking District No.1, but the
agreement had not been executed within the 60-day period as
stipulated by resolution.
Ms. Clark stated that Mr. Kaufman had received notice from
its major tenant, Concorde Technical College, that they may not
be moving into the facility because they were dependent upon
receiving Federal funds. In August, 1992, the college informed
Mr. Kaufman they are prepared to sign a long term lease and move
into the facility. Therefore, Mr. Kaufman is requesting that
the Council reactivate the resolution.
Ms. Clark answered questions regarding parking provisions in
Parking District No.1, when other events are scheduled in the
downtown area. She stated that when there are functions at the
civic Light opera, the civic Light Opera would receive parking
priority. The school would be allowed to park in Parking
District No. 1 on a permit basis.
The motion carried by the following vote:
Members Hernandez, Maudsley, Pope-Ludlam, Miller.
Members Estrada, Reilly. Absent: Council Member
Ayes:
Nays:
Minor.
Council
Council
RES. 92-375 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE RELATING TO
FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND
FOR FISCAL YEAR 1992-93. (5-5)
Council Member Hernandez made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Discussion ensued regarding the
Empire Hispanic Chamber of Commerce
conduct the 16th of september Fiesta.
request from the Inland
for funding assistance to
City Administrator Clark stated that on September 2, 1992,
the Ways and Means Committee granted $2000 to be used towards
miscellaneous support for the 16th of September Fiesta, and
$1,000 to be used towards convention support. The $2000
allocation for the "Puebla Ayer, Hoy Y Siempre" art display was
set aside.
Council Member Hernandez made a motion, seconded by Council
Member Estrada, that $2,000 from the civic & Promotion Funds be
approved for the 16th of September Fiesta.
~,
39
9/8/92
The motions and Resolution No. 92-375 carried
following vote: Ayes: Council Members Estrada,
Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: None.
Council Member Minor.
by the
Reilly,
Absent:
PERSONNEL ACTION.
(S-6)
Discussion ensued regarding procedures for submitting
personnel action requests by elected officials. It was pointed
out that generally elected officials are not required to submit
their personnel action requests to the Personnel Committee.
However, several elected officials have done so. Mr. Penman
stated that based on the information he had received he did not
submit his request to the Personnel Committee, but instead
brought the item before the Council for approval. The request is
for a replacement position. The present Secretary is expected to
vacate her position September 25, 1992.
Council Member Maudsley made a motion, seconded by Council
Member Reilly, that the appointment of LaVonne Taylor, as Legal
secretary I, Range 3288, Step 3, $2056/mo., effective September
28, 1992, for the City Attorney's Office, be approved.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Maudsley, Pope-Ludlam, Miller.
None. Abstain: Council Member Hernandez. Absent:
Member Minor.
Council
Nays:
Council
COUNCIL MEMBER ESTRADA EXCUSED
At 4:00 p.m., Council Member Estrada left the Council
meeting.
DISCUSSION OF ACTION TO BE TAKEN RELATIVE TO
RECEIVED FOR AUDIT OF CITY ATTORNEY'S OFFICE
MEMBER HERNANDEZ
PROPOSALS
- COUNCIL
(S-8)
In a memorandum dated September 3, 1992, Council Member
Hernandez, stated that on September 2, 1992, the Ways and Means
Committee was scheduled to review the proposals to conduct a
management audit of the City Attorney's Office. City Treasurer
David Kennedy has been coordinating the request for proposal
process, and all proposals were initially reviewed by Mr.
Kennedy. A total of twenty-three RFP's were sent out, and six
proposals were actually submitted by the deadline.
The Ways and Means Committee recommended that a review of
the proposals be conducted by the city Attorney, city
Administrator, Council Members Estrada, Minor and Hernandez, over
a sixty-day period of time.
40
9/8/92
MAYOR HOLCOMB EXCUSED
Mayor Holcomb left the Council meeting and the duties of
Mayor were assumed by Mayor Pro Tempore Hernandez.
Mayor Pro Tem Hernandez explained that in July, 1991 a
discussion was held regarding an audit of the Finance Department.
It was suggested that perhaps an audit be conducted of the City
Attorney's Office. At that time, Mr. Penman welcomed the audit.
since then, there have been various allegations made between the
Mayor and the city Attorney. The matter was referred to the Ways
and Means Committee. The Committee decided to proceed and
established the rules for scope of services. The city Attorney
recommended that city Treasurer, Mr. David Kennedy, be the person
to select the auditor. Mr. Kennedy was directed to proceed and
seek proposals from reputable firms to conduct the audit and
determine the costs. The cost for the audit is expected to be
approximately $50,000. city Treasurer Kennedy has received six
proposals to conduct the audit of the city Attorney's Office.
COUNCIL MEMBER ESTRADA RETURNED
Council Member Estrada returned to the Council meeting and
took her place at the council table.
Mayor Pro Tem Hernandez expressed concern that a delay in
time for the review of the six proposals would prolong the
differences between the city Attorney and Mayor Holcomb. He
recommended that the City Treasurer be allowed to proceed with
the selection process of the firm to conduct the audit.
Council Member Estrada, Chairperson of the Ways and Means
Committee, stated that the Ways and Means Committee recommended
the sixty-day continuance to allow the Mayor's Office, city
Administrator's Office and city Attorney's Office ample time to
review the six proposals and present their comments.
MAYOR HOLCOMB RETURNED
Mayor Holcomb returned to the Council meeting and resumed
the duties of Mayor.
David Kennedy, City Treasurer, supported the concept of
having management audits of various city departments on an annual
basis. He stated that in the case of the city Attorney's Office
where there is billable work, the results of an audit could
result in additional funds for the City. He felt that having an
audit could also eliminate policy-making decisions from the
political arena. He felt that there should be an audit of the
city Attorney's Office before additional monies are expended. The
results of an audit would pinpoint any weaknesses within the
department and improve the quality of service for the department.
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9/8/92
council Member Hernandez made a motion, seconded by Council
Member Pope-Ludlam, to continue the matter to the next council
meeting and that Mr. Kennedy come back with recommendations.
The motion failed by the fOllowing vote:
Members Hernandez, Maudsley, Pope-Ludlam. Nays:
Estrada, Reilly, Miller. Absent: Council Member
Ayes:
Council
Minor.
council
Members
City Attorney Penman stated for the record that the City
Attorney's Budget has not tripled since he has been city
Attorney. When he came to the city in 1987, the City Attorney's
budget was $1.3 million and the money was split between the City
Attorney's Office and Risk Management. The funds allocated for
litigation matters at that time was $1. 3 million. Today, the
litigation account is $1.6 millon. Mr. Penman addressed the
issue of increased staff in the department. He contributed the
increase in staff as a result of handling cases inhouse as
opposed to his predecessor who distributed cases to outside
attorneys.
COUNCIL MEMBER MAUDSLEY EXCUSED
At 4:42 p.m., Council Member Maudsley left the Council
meeting.
City Administrator Clark explained that an analysis was
prepared of the City Attorney's Office which revealed a
substantial increase in the City Attorney's budget. The report
also showed that the City Attorney's Office is handling the same
number of cases now as they were handling five years ago;
however, there is a much greater increase in staff.
City Attorney Penman stated that the report was accurate,
but indicated that the report did not take into consideration the
vast number of prosecutions that are processed by his department,
nor the fact that all of the liability cases were once
distributed to outside attorneys, but are now handled by inhouse
staff. He added that he has only one additional attorney than
his predecessor.
Mr. Gary Kirby, 1505 Yardley, San Bernardino, CA, urged the
Mayor and City Attorney Penman to put aside their differences and
suggested that the Council allow City Treasurer Kennedy to
proceed and select the best firm to conduct the audit and bring
the matter back in two weeks.
CITY ADMINISTRATOR CLARK EXCUSED
City Administrator Clark left the Council meeting.
42
9/8/92
ADJOURNMENT (48)
At 4:49 p.m., the regular meeting of the Mayor and Common
Council adjourned to 8:30 a.m., Monday, September 21, 1992, in
the Council Chambers of city Hall, 300 North "D" street, San
Bernardino, California.
RACHEL KRASNEY
City Clerk
By /f&~'~ ,;?'L~
Diane J6nes, Deputy City Clerk
No. of Items: 61
No. of Hours: 5 hrs. 45 min.
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9/8/92