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HomeMy WebLinkAbout11-29-1983 Minutes City of San Bernardino, California November 29, 1983 This is the time and place heretofore set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held Monday, November 21, 1983, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The City Clerk has caused to be posted the Order of Adjourn- ment of said meeting held Monday, November 21, 1983, at 9:00 a.m., 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 on Tuesday, November 22, 1983, at 10:00 a.m., in the Council Cham- bers of City Hall, 300 North "0" Street, San Bernardino, Califor- nia. The Adjourned Regular Meeting of the Mayor and Common Coun- cil of the City of San Bernardino was called to order by Mayor Holcomb at 3:04 p.m., on Tuesday, November 29, 1983, in the Coun- cil Chambers of City Hall, 300 North "0" Street, San l!!'ernardino, California. INVOCATION The Invocation was given by Monsignor John Bradley, Pastor of St. Bernardine's Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Reilly. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Olliel; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Members Frazier, Strickler. FORTIETH STREET, EAST OF KENDALL DRIVE - BOX CULVERT CONSTRUCTION In a memorandum dated November 21, 1983, Roger Hardgrave, Director of Public Works/City Engineer, recommended that Metcalf & Eddy be contracted with to provide engineering design services for construction of a box culvert on 40th Street, east of Kendall Drive. (1) Council Member Reilly stated that he would abstain from vot- ing on this item and will not participate in any discussion re- garding the item since he works for one of the engineering firms who submitted a proposal and it is his intent to avoid a conflict of interest. City Attorney Prince answered questions regarding conflict of interest provisions in the Government Code. Council Member Hernandez made a motion, seconded by Council Member Quiel, that the selection of Metcalf & Eddy to perform engineering design services for construction of a box culvert on 40th Street, east of Kendall Drive, be continued to Monday, December 5, 1983, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Castaneda, Hernandez, Marks, Quiel. Noes: None. Absent: Council Members Frazier, Strickler. Abstain: Council Member Reilly. MILL CENTER RECREATION FACILITY - CORRECTIVE WORK - RON ROBERTS & ASSOCIATES - CONTINUED FROM NOVEMBER 21, 1983 This is the time and place continued to for a request from the Director of Public Works/City Engineer that the City Attorney be authorized to notify the bonding company of Ron Roberts & Associates that the corrective work on the Mill Center Recreation Facility has not been satisfactorily completed within the stipu- lated time, that portions of the work are unsatisfactory and to complete the project within 30 days. (3) At the Council Meeting of November 21, 1983, this matter was continued to ask both parties involved to participate in non- binding arbitration and to express their answer at today's Coun- cil meeting. In a letter dated November 28, 1983, Joseph C. Bonadiman stated that their contract with the City does not provide for arbitration between the architect and contractor and recommended that three members of the City Council and an attorney experienced in contractual. matters, be named to hear testimony from his firm, from the contractor, the City Engineer and his inspectors and the City Attorney. In a memorandum dated November 28, 1983, Roger Hardgrave, Director of Public Works/City Engineer, stated that the architect and contractor have agreed to submit to non-binding arbitration. Mr. Joseph Bonadiman was present to answer questions of the Council. Mr. Gary Smith, attorney representing Ron Roberts & Associates, asked to be shown a list of the prospective arbitrators. Mr. Bonadiman pointed out that nothing in their contract re- quires arbitration and that the required duties of the architect were specified in the contract. Mr. Gary Smith stated that he has been unable to make contact with Joe Bonadiman. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that this matter be continued to Monday, December 5, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and the con- tractor and architect be requested to get together on the appoint- ment of an arbitrator and to return to the Council at the next meeting with their decision. Mayor Holcomb agreed to meet with Gary Smith and Joseph Bonadiman to discuss the selection of an arbitrator. ORD. MC-319 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO GRANTING TO MOUNTAIN SHADOWS CABLE TV SYSTEMS, INC., A CORPORATION, A NON-EXCLUSIVE FRANCHISE TO OPERATE, MAINTAIN, AND EXTEND A CABLE TELEVISION SYSTEM WITHIN THE CITY OF SAN BERNARDINO. (Continued from November 21, 1983) The City Clerk read the title of the ordinance. FINAL (5) Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the final reading of the ordinance be waived. - 2 - 11/29/83 In a memorandum dated November 28, 1983, Joanne Fenton, Deputy City Attorney, summarized the action taken concerning the content of the agreement of compromise and settlement and the franchise ordinance for Mt. Shadows Cable TV Systems, Inc. The settlement agreement provides that "City. waives collection of any service users tax not heretofore billed or collected by Mountain Shadows." The City foregoes any claim for franchise fees, service users tax, or any other sums for any period prior to October 1, 1980. Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez, that said ordinance be adopted. Ordinance MC-319 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel. Noes: None. Absent: Council Members Frazier, Strickler. FRANCHISE REQUEST - G.T.E. SPRINT A memorandum dated November 29, 1983 was received from Warren Knudson, Director of Finance, stating that Marmac Engineer- ing has requested a franchise on behalf of G.T.E. Sprint to run a conduit through the south part of San Bernardino. He further stated in his memorandum that the franchise has not been granted because G.T.E. Sprint had not complied with the City's Municipal Code regarding utility users tax and business license. After a meeting with G.T.E Sprint representatives and City staff from the City Attorney, City Clerk and Finance Departments which brought out difficulties encountered by Sprint in complying with utility users tax and business license codes, Sprint has agreed to file an application for a business license and that their intrastate services will be subject to utility users tax. Mayor Holcomb suggested that the franchise not be approved until Sprint has obtained a business license from the City and there is a written assurance from top management that Sprint will pay utility tax for all intrastate calls originated in the City of San Bernardino and they agree to pay any loss of utility tax that the City has suffered since they began operation in the City. Richard Wiley, a Sprint representative, explained that this has not yet been presented to Sprint's top management. Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, to instruct the City Attor- ney to prepare a franchise agreement incorporating the provisions in the memorandum dated November 29, 1983 from Warren Knudson, Director of Finance, and include any other appropriate provision; and have the agreement back to the Council on Monday, December 5, 1983. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - ADJOURNED REGULAR MEETING The Adjourned Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 83-405 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FINDING THAT AN APPLICATION FOR INDUSTRIAL DEVELOPMENT BOND FI- NANCING HAS BEEN SUBMITTED PURSUANT TO THE PROVI- SIONS OF ORDINANCE NO. 3815 OF THE CITY FOR A CER- TAIN PROJECT, FINDING THAT SAID APPLICATION COMPLIES WITH THE PROVISIONS AND REQUIREMENTS OF SAID ORDI- NANCE NO. 3815; APPROVING SAID APPLICATION AND THE PROJECT TO WHICH IT REFERS; DIRECTING THE PREPARA- TION OF A PROJECT AGREEMENT, A RESOLUTION OF ISSUANCE AND SUCH OTHER LEGAL DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT SAID PROJECT AND PROVIDE FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS THEREFOR; AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. (Bai/Medical Equities of CA) (Rl) - 3 - 11/29/83 The City Clerk read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-405 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel. Noes: None. Absent: Council Members Frazier, Strickler. RES. 83-406 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEAR- ING. (Bai/Medical Equities of California, Inc.) (Highland Avenue on the north, 21st Street on the south, Crestview Avenue on the east and Waterman Avenue on the west) The City Clerk read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-406 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel. Noes: None. Absent: Council Members Frazier, Strickler. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RESTATING THE PREVIOUS INTENTION OF SAID CITY TO PROVIDE INDUS- TRIAL REVENUE BOND FINANCING FOR CERTAIN DESIGNATED PROJECTS. (R2) The City Clerk read the title of the resolution. Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that further reading of the resolution be waived. Glenda Saul, Acting Executive Director of the Redevelopment Agency, explained the purpose of the resolution and answered questions of the Council regarding the inclusion of projects that are already under way. Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the resolution be con- tinued to Monday, December 5, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. REPORT- ECONOMIC DEVELOPMENT COUNCIL'S PROMOTIONAL BOOK FUNDS Council Member Marks presented his report from the City Attorney regarding Council's promotional book funds. request to discuss the the Economic Development (4) No action was taken. The City Clerk stated that as the Council took no action, this would be placed on the Council agenda for December 5, 1983. EXECUTIVE DIRECTOR - APPLICATION PROCESS The Mayor and Common Council discussed the application pro- . cess for the position of Executive Director of the Redevelopment Agency. No official action was taken. - 4 - 11/29/83 BLUE CROSS HEALTH INSURANCE PLAN AMENDMENT - CONTINUED FROM NOVEMBER 21, 1983 This is the time and place continued to for a recommendation from the Insurance Committee that the Dental Health Plan be of- fered to City employees as an alternate to the City's present Mission Dental Plan at no additional cost to the City, and that Inland Health Plan be offered to City employees as an alternate to the City's self-insured Blue Cross and Kaiser Plans with no change in the City's contribution. (2) MAYOR HOLCOMB EXCUSED At 5:15 p.m., Mayor Holcomb was excused from the Council Meet- ing and Council Member Quiel assumed the duties of Mayor Pro Tempore. Council Member Reilly stated he would abstain from discussion and voting on the employee health insurance plan as he is a re- tired City employee. Roger DeFratis, Acting Personnel Director, explained the need to have the City enter into a contract for health insurance by December 1, 1983 and presented a memorandum dated November 23, 1983, with the following recommendations: Renew the present Blue Cross contract modified as follows: $50.00 deductible 80%/20% ratio for room and board paid at average of local semi-private rooms to a maximum of $2,500.00 Professional fees paid at 100% Rates: Employee Two person coverage Three or more Total $ 57.24 $120.75 $153.05 City Contrib $ 53.05 $111.42 $111.42 Employee Contrib $ 4.20 $ 8.83 $41. 63 The Acting Personnel Director further stated in his memoran- dum that Robert Clark from the Epler Company has recommended the following: Change stop-loss insurance by adding an aggregate stop-loss at 125% costing $10.23 per employee per month. The present stop-loss insurance costs are $10.57 per employee per month. This rate may change slightly with changes recommended by the Insurance Committee. Continue claims administration by the Foundation for medical care at the rate of $6.00 per month per employee, which is the most competitive rate. In the Council Personnel Committee report dated November 22, 1983, the following recommendations were made: The Insurance Consultant recommended: That Blue Cross be renewed for another year, starting December 1, as the. City "Self Insurance" Program. That the City add an aggregate "stop-loss" to present program. The Insurance Committee recommended that Plan "F" be adopted for premiums of: Employee - $57.25 monthly Two person coverage - $120.25 monthly Three or more coverage - $153.05 monthly - 5 - 11/29/83 The Personnel Committee adopted the following: Renew Blue Cross for one more year. Add the aggregate "stop-loss" coverage to the present program. Adopt the coverage of Plan "F" with the under- standing that the employees will pay the dif- ference between what is contained in their M.O.U.'s and the actual costs. Council Member Hernandez made a motion, seconded by Council Member Marks, to approve renewal of the Blue Cross Health Plan with recommendations as submitted by the Insurance Committee and approved by the Council Personnel Committee and that the Council Personnel Committee report be approved. The motion carried by the following vote: Ayes: Council Members Castaneda, Hernandez, Marks, Quiel. Noes: None. Absent: Council Members Frazier, Strickler. Abstain: Council Member Reilly. RES. 83-407 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZES THE EXECUTION OF AN AGREEMENT WITH BLUE CROSS OF SOUTHERN CALIFORNIA RELATING TO A SELF-FUNDED MEDICAL BENEFIT PLAN, EFFECTIVE DECEM- BER 1, 1983. The City Clerk read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Marks, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-407 was adopted by the following vote: Ayes: Council Members Castaneda, Hernandez, Marks, Quiel. Noes: None. Absent: Council Members Frazier, Strickler. Abstain: Council Member Reilly. INSURANCE PLAN WORKSHOP In a memorandum dated November 22, 1983, Council Member Hernandez requested that a workshop be set for December 20, 1983 with the insurance consultant to discuss the City insurance plan. Council Member Hernandez made a motion, seconded by Council Member Castaneda, that the request to set a workshop on the City insurance plan be continued to Monday, December 5, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. RECESS MEETING - CLOSED SESSION At 5:35 p.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed for a Closed Session to discuss Management/Mid-Management/Confidential insurance premiums. CLOSED SESSION The Closed Session of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Quiel in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Pro Tempore Quiel; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Mayor Holcomb; Council Members Frazier, Strickler. Also present was Ray Schweitzer, Deputy City Administrator. - 6 - 11/29/83 ADJOURN CLOSED SESSION At 5:50 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Adjourned Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 5:50 p.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Pro Tempore Quiel; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Mayor Holcomb; Coun- cil Members Frazier, Strickler. INSURANCE PREMIUMS - MANAGEMENT/MID-MANAGEMENT/ CONFIDENTIAL EMPLOYEES Council Member Castaneda made a motion, seconded by Council Member Hernandez, that the setting of the Management/Mid-Manage- ment/Confidential insurance premiums be continued to Monday, December 5, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Castaneda, Hernandez, Marks, Quiel. Noes: None. Absent: Council Members Frazier, Strickler. Abstain: Council Member Reilly. ADJOURN MEETING At 5:50 p.m., Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the meeting be adjourned. City Clerk Approved the 19th of December, 1983. Mayor of the City of San Bernardino - 7 - 11/29/83