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HomeMy WebLinkAbout01-13-1986 Minutes City of San Bernardino, California January 13, 1986 This is the time and place set for an Adjourned Regu- lar Meeting of the Mayor and Common Council of the City of San Bernardino at their Adjourned Regular Meeting held at 6:08 p.m., on Thursday, January 9,1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held at 6:08 p.m., Thursday, January 9, 1986, and has on file in the Office of the City Clerk an Affidavit of said posting together with a copy of said Order which was posted at 1:00 p.m., on Friday, Janu- ary 10, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 10:50 a.m., on Monday, January 13, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Jim Morris, a student in his junior year at San Gorgonio High School. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Gilbert Monzano, a student at San Gorgonio High School. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Marks, Quiel, Frazier; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Ab- sent: Council Members Hernandez, Strickler. PROCLAMATION - MARTIN LUTHER KING, JR. SCHOOL DAY Richard Gazi, San Gorgonio High School, Acting Assis- tant to the Mayor, read a proclamation proclaiming Wed- nesday, January 15, 1985, as Martin Luther King, Jr. School Day. The proclamation was accepted by Mark Easterday, Student Body President of Martin Luther King, Jr. school. PROCLAMATION -STUDENT GOVERNMENT WEEK - JANUARY 13-17, 1986 Richard Gazi, San Gorgonio High School, Acting Assis- tant to the Mayor, read a proclamation proclaiming the week of January 13-17, 1986, as Student Government Week. The proclamation was accepted by Lisa King, San Ber- nardino High School, Acting Mayor for the Day. HEARING - WORKSHOP - PARKS, RECREATION AND COMMUNITY SERVICES MANAGEMENT STUDY This is the time and place set for a hearing to con- sider the Arthur Young Management Audit of the City of San Bernardino Parks, Recreation and Community Services De- partment. (1) The Arthur Young Management Report of the San Bernar- dino Parks, Recreation and Community Services Department indicated that over the last nine years, the Department had received a relatively level amount of funding and personnel resources. However, it was found that the De- partment's goals and objectives were unclear, its person~ nel were generally not deployed in a systematic manner, and service levels varied considerably. Consequently, the Department is not achieving the levels of service commen- surate with the funding allocated to these functions. The report identified those areas in which opportunities for improved efficiency were present. Mayor wilcox opened the hearing. Nicholas Conway of Arthur Young Company, presented the results of the Management Study to the Mayor and Com- mon Council and answered questions as to how the study was conducted. He spoke regarding the department's level of appropriation and the true buying power of the Department, which has remained constant. He stated that personnel and resources have remained constant in all the divisions of the Department, but the number of parks to maintain has increased by 60-70 acres. Mr. Conway stated that there is no document outlining what the Department is expected to accomplish. Therefore, the Department does not have a mission statement. He spoke regarding the amount of land available in the City for parks and the disproportionate allocation of facilities in park land. Mr. Conway also spoke regarding the allocation of work load among the parks personnel and delineated the amount of man time required to maintain an acre in different areas or differ- ent parks throughout the City. Mr. Conway gave a slide presentation showing problems in various parks throughout the City. Annie Ramos, Director, Parks, Recreation and Communi- ty Services, in a memorandum dated January 10, 1986, pre- sented her recommendations concerning the Study as follows: 1. Establish a Mission Statement and supporting goals and objectives for Parks, Recreation & community Services Department. 2. Conduct a staffing analysis for Parks, Recreation & Community Services Department's facilities and programs. 3. Determine the cost effectiveness of contracting public project work. 4. Develop an on-going training program for Depart- mental personnel. 5. Develop a Master Plan for the Ci ty' spark facilities. 6. Provide uniforms to all field personnel. 7. Establish standard times for lunch breaks for park maintenance personnel. 8. Implement preventative maintenance program for park sprinklers. 9. Evaluate departmental radio communications. 10. Conduct a community needs assessment for recrea- tion and community services program. 11. Revise the current method used to quantify par- ticipation in the City's recreation programs. 2 1/13/86 12. Reevaluate user fees and charges for recrea- tional services. Mr. Conway answered questions and stated that the level of supervision has increased while the span of con- trol has decreased over the years. Annie Ramos, Director, Parks, Recreation & Community Services, answered questions regarding equipment repair. City Administrator Matzer answered questions on how the City identifies its equipment needs. Mr. Conway stated that it is not uncommon in other cities for the city to take over the maintenance of school district park facilities. Annie Ramos, Director, Parks, Recreation & Community Services, answered questions regarding the use of school facilities, such as gyms for recreational programs. Counc i 1 Member Qu i el made a mo t i on, seconded by Council Member Marks, and unanimously carried, to imple- ment a mission statement supporting the goals and objec- tives for Parks, Recreation & Community Services Depart- ment, and direct staff and the Parks and Recreation Com- mission to immediately address this issue and get a cost estimate back from staff wi th regard to I tem No.2. (Con- duct a staffing analysis for Parks, Recreation & Community Services Department's facilities and programs). As to the rest of the recommendations, the Council would go along with them, and continue the matter to March 3, 1986, for a report back on the hiring of a consultant for conducting the staffing analysis. RECESS MEETING - CLOSED SESSION At 1:00 p.m., Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the Adjourned Regular Meeting of the Mayor and Common Council recess to a Closed Session under the authority of Government Code Section 54956.9(b) to discuss Community Development/Redevelopment matters. CLOSED SESSION At 1:00 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Marks, Quiel, Frazier; City Attorney prince, City Administrator Matzer. Absent: Council Members Hernandez, Strickler; City Clerk Clark. Also present were: Glenda Saul, Executive Director of the Redevelopment Agency; Sandy Lowder, Manager, Re- development Agency, Allen Briggs, Sr. Assistant City Attorney. Council Member Quiel stated that he would abstain from participating in the Closed Session, based upon a contractural arrangement with Mr. Frank Dominguez. COUNCIL MEMBER QUIEL EXCUSED FROM CLOSED SESSION Council Member Quiel left the Closed Session. 3 1/13/86 ADJOURN CLOSED SESSION At 1:15 p.m., the Closed Session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 1:15 p.m., the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Marks, Quiel, Frazier; City Attorney P r i n c e ; C i t Y C 1 e r k CIa r k, C i t Y Adm i n i s t rat 0 r Mat z e r . Absent: Council Members Hernandez, Strickler. RECESS MEETING At 1:15 p.m., Council Member Estrada made a motion, seconded by Council Member Frazier and unanimously car- ried, that the meeting recess until 5:30 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 6:02 p.m., the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. PUBLIC HEARING - PREVAILING WAGE RATES POLICY This is the time and place set for a public hearing to consider prevailing wage requirements. (R-l) Council Member Strickler made a motion, seconded by Council Member Quiel, that the Redevelopment Agency staff be instructed to include prevailing wage requirements in appropriate documents only when such are mandated by State or Federal statutes. Mayor Wilcox read a letter from Russ Hatle, President of Community Consultants Corporation, dated January 10, 1986, in which he urged the Mayor to continue an "open shop" which will permit both union and non-union contrac- tors and sub-contractors to work within the Redevelopment districts. Allen Briggs, Sr. Assistant City Attorney, answered questions and explained what was in effect as far as pre- vailing wage policy prior to the schurgin agreement. Glenda Saul, Executive Director, Redevelopment Agen- cy, answered questions, stating that at one point, the Redevelopment Agency developed a standard disposition agreement that had Davis-Bacon language with a reduced amount of monitoring. However, in the future there will be less and less federal funds. The Redevelopment Agency looks over these agreements to determine the impact they have in allowing the Redevelopment Agency to compete in 4 1/13/86 1- the environment. If prevailing wage language is included in all agreements, then the Redevelopment Agency will loose its competitive edge. Mr. Ray Vandernant, attorney, stated that the City Council is depriving the citizens and that they have a need to pay prevailing wages, which is a mathematical calculation. Sr. Assistant City Attorney Briggs answered questions regarding the laws on prevailing wages and read excerpts from the Labor Code. It was pointed out that in six competitive cities surrounding San Bernardino, prevailing wage clauses are included only where mandated by State and Federal Law. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. Joe Doyle, who has lived in the City of San Bernar- dino for 26 years, read a statement regarding the Depart- ment of Labor policy on prevailing wages, and stated the City is in contradiction with Federal Law. Glenda Saul, Executive Director, Redevelopment Agen- cy, rebutted his statement and stated that there is no prohibition concerning Community Development Block Grant Funds. If these funds are used, the entire project is not subject to the Davis-Bacon language. Sr. Assistant City Attorney Briggs answered questions and stated that Glenda Saul, Executive Director of the Redevelopment Agency, was correct, that CDBG funding for land acquisition does not trigger the Davis-Bacon language. Mary Curtin, a labor representative, stated that prevailing wage protects tax payers' dollars by getting good craftspeople and good labor. She also spoke regard- ing the multiplyer effect resulting from the payment of prevailing wages. Merv Simchowitz, a local developer, presented the developer's point of view. He stated that if the City and Redevelopment Agency cannot compete in the development environment, it will lose deals. He gave an example of the IBM deal which went to San Diego. Mike Russell from Fontana, stated that the prevailing wage is determined by the State of California, and is usually a union rate, not a majority modal rate. The prevailing wage does not mean that the City will get skilled craftsmen and it creates a false economy with the arbitrary wage scale. Nationwide, the average cost of the contract is 20% more when the prevailing wage is paid. Joe Perez, Executive Secretary of the San Bernar- dino-Riverside Building Trade Council, urged the Mayor and Common Council to retain prevailing wage provisions to avoid the erosion of the economic lives of the City's citizens. Jimmy Cartee, a local architect, asked questions regarding a developer who had to pay prevailing wages in the State College area. Sr. Assistant questions. City Attorney Briggs answered 5 1/13/86 Ann Imperato, AFSCME Representative for City Employ- ees, spoke regarding the issue of setting salaries by vote and used by example, the salary mechanism for the Board of Supervisors. This is a prevailing wage. Lynn Daffney, member of the International Brotherhood of Electrical Workers, urged the Council to consider the human factors in making their decision. Sam Catalano of the Central City Company, spoke re- garding the limited tools that a City can use as economic incentives for development. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions. Joe Doyle, a City resident, stated that the Inter- national Brotherhood of Electrical Workers took a $3.70 per hour cut 18 months ago, and added that the union does not just take from the economy, but also gives back. Mr. Bill Bird, a local developer, pointed out that the City does inspect projects and requires permits. Craig Gilbarton, a City resident working in Irvine, spoke in favor of payment of prevailing wages. A journeyman from Local 477, Electrical Workers, spoke in favor of prevailing wages. He stated that no one but the Union provides minority training and he spoke in opposition to piece work. Mr. Wilfred Lemann, representing a group of local businessmen trying to produce a major commercial facility downtown, stated that this project will bring employees to downtown San Bernardino, but prevailing wages could hurt the economic viability of the project. He stated that they have a very slim line on the competition and urged the Council to allow the Redevelopment Agency to continue to be competitive. Mr. Mike Russell of Fontana, stated that some con- tractors pay more than prevailing wage, but no contractors pay as little as the minimum wage. Mr. George Romero, a local contractor with 300 em- ployees, stated that the cheapest wage paid to his employ- ees is $15.00 an hour to his son. The average employee in his business earns $18 to $25 an hour, plus benefits. In 1977, all 200 of his employees left the union and stayed with his company. Mr. Jim Pence, a local contractor, spoke in opposi- tion to prevailing wages. He stated that if it is tax payers' money that's one thing, but the City should not require prevailing wages when private funding is involved. Mr. John Broswood, a general contractor, who does not employ union workers, but pays the prevailing wage, spoke. He stated he does not bid for prevailing wage jobs because it is hard to find those workers unless they are union- ized. He suggested that the City set a prevailing wage for the area. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions. 6 1/13/86 Lon Indreiri, a local contractor who served on the prevailing Wage Board for the State of California, stated that the government needs to get to a true prevailing wage, rather than a modal base. The present prevailing wage is inflationary. Mr. John Edwins, a local developer, stated that under Redevelopment contracts, if a sub-contractor makes a mistake, the developer could be sued. He did not want to take the responsibility for this type of system. Mr. Dan Evans stated that in 1986, the Inland Empire will be growing and the market place will be dictating where development goes. San Bernardino must be able to compete. The Council discussed whether adopting the motion on the floor would or would not change the existing policy. Counci 1 Member Marks made a seconded by Council Member Hernandez, closed. substitute motion, that the hearing be The motion carried by the following vote: Council Members Estrada, Hernandez, Marks, Strickler. Noes: Council Member Reilly. Council Member Frazier. Ayes: Quiel, Absent: Counci 1 Member Marks made a motion, seconded by Council Member Estrada, to continue the matter of the prevailing wage until March 17, 1986, for further study by qualified consultants and that the Executive Director of the Redevelopment Agency be instructed to prepare an RFP for presentation at the next Council Meeting for the hir- ing of this consultant. Council Member Strickler made a substitute motion, seconded by Council Member Quiel, that the Redevelopment Agency staff be instructed to include prevailing wage requirements in appropriate documents only when such are mandated by State or Federal statutes. The substitute motion by Strickler that the Redevel- opment Agency staff be instructed to include prevailing wage requirements in appropriate documents only when such are mandated by State or Federal statutes failed by the following vote: Ayes: Council Members Reilly, Quiel, Strickler. Noes: Council Members Estrada, Hernandez, Marks. Absent: Council Member Frazier. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to continue the matter of the prevailing wages to Tuesday, January 21, 1986, that staff, which includes the City Administrator and the Executive Director of the Redevelopment Agency, be instructed to submit the list of some consultants which have never done business with the City who could prepare an economic analysis of the benefits and detriments of paying prevailing wages, and that information on the recommended time frame and costs for the study be reported to the Council and that in the meantime, the Executive Director of the Redevelopment Agency and the City Adminis- trator do additional studies of this issue on their own. RECESS MEETING - CLOSED SESSION At 9:00 p.m., Council Member Estrada made a motion, seconded by Council Member Strickler and unanimously car- ried, that the Adjourned Regular Meeting of the Mayor and Common Council recess to a Closed Session to discuss pend- 7 1/13/86 ing litigation under authority of Government Code Section 54956.9(a), case of Walsh et al vs. City of San Bernardino Case No. 199364, and Government Code 54956.9 (b) Signifi- cant Exposure to Litigation. CLOSED SESSION At 9:00 p.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler, Sr. Assistant City Attorney Briggs; Deputy City Administrator Schweitzer. Absent: Council Member Frazier; City Clerk Clerk. Also present were: Ron Solheim, Director, Emergency Services/Risk Management; Bruce Gadbois, Assistant Direc- tor, Emergency Services/Risk Management; Kevin Sovereign, Liaility Claims Specialist, Emergency Services/Risk Man- agement; Arthur Varden, Special Counsel. CITY CLERK CLARK EXCUSED At 9:30 p.m., City Clerk Clark left the Council Meeting. ADJOURN CLOSED SESSION At 11:00 p.m., the Closed Session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 11:00 p.m., the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler; Sr. Assistant City Attorney Briggs; Deputy City Administrator Matzer. Absent: Council Member Frazier; City Clerk Clark. VANIR DEVELOPMENT COMPANY, INC. - DEVELOPMENT OF 14 STORY OFFICE BUILDING ON COURT AND "E" STREETS - REQUEST FOR EXTENSION OF TIME In a letter dated January 13,1986, H. Frank Dominguez, explained the need for an extension of time for the escrow closing date on a proposed development of a 14 story office building at the corner of Court and "E" Street, and requested that the Redevelopment Agency extend the escrow closing date for an additional 12 months, or until the new downtown hotel has opened or a major tenant for the facility has been secured. Council Member Strickler made a motion, seconded by Council Member Reilly, that according to the agreement the City has with Mr. Dominguez regarding the Court and "E" Streets property, that the City follow the letter of the agreement and that if the escrow is not closed on the scheduled date of January 15, 1986, Notice of Default be mailed the following day, as per the agreement, giving Mr. Dominguez 30 days Notice of Default, as per the recommen- dation of the City Attorney. 8 1/13/86 The Mayor and Common Council discussed the motion~ council Member Hernandez stated he would abstain, as he felt that this item was discussed in Closed Session illegally. Sr. Assistant City Attorney Briggs stated for the record that the item was legally discussed in Closed Session. Council Member Quiel stated that he would abstain for the record due to a possible conflict of interest con- cerning a contractual relationship with Frank Dominguez. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Strickler. Noes: None. Absent: Council Member Frazier. Abstain: Council Members Hernandez, Quiel. Council Member Marks made a motion, seconded by Council Member Estrada, that the Mayor be authorized and directed and that Council Member Estrada and any City or Redevelopment staff person or persons they feel appropri- ate contact Mr. Dominguez and explore the possibility with Mr. Dominguez regarding viability and continuation of his proposed project. (Court and "E" Street property) COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. The motion Council Members None. Absent: Abstain: Council carried by the following vote: Ayes: Estrada, Reilly, Marks, Strickler. Noes: Council Members Hernandez, Frazier. Member Quiel. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. ADJOURN MEETING At 11:05 p.m., Council Member Estrada made a motion, seconded by Council Member Marks and unanimously carried, that the meeting be adjourned. ~///Zt1/a1b / City Clerk 9 1/13/86