Loading...
HomeMy WebLinkAbout07-23-1990 Minutes City of San Bernardino, California July 23, 1990 This is the time and place set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held at 8:30 a.m., on Monday, July 16, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the Order of Adjournment of said meeting held on Monday, July 16, 1990, and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said Order which was posted at 9:30 a.m., Tuesday, July 17, 1990, on the door of the place at which said meeting was held. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 4:00 p.m., Monday, July 23, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Reese with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Reese, City Administrator Edwins. Absent: Council Member Estrada. PUBLIC COMMENTS There were no public comments. ( 1) City Attorney Penman answered questions, stating he did not believe it was necessary to have public comments at adjourned meetings of the Council. CITY ADMINISTRATOR TO PREPARE PLAN PURCHASE AND INSTALLATION OF 800 MHz SYSTEM - Continued from July 16, 1990 In a memorandum dated July 12, 1990, Shauna Edwins, City Administrator, stated that on July 12, 1990, Marland Howard, Director of Communications for San Bernardino County, had met with City staff regarding the 800 MHz system. City Administrator Edwins stated that after talking with Mr. Howard, she recommended that the City implement its own 800 MHz system and communicate to the County of San Bernardino its intentions. (2) 1 7/23/90 City Administrator Edwins stated she had met with Mr. Harry Mays, County Administrative Officer, and other County officials, and they had agreed to cooperate with the City in forming its own 800 MHz system. She stated that one issue that had not been addressed yet was whether or not the City can afford to enter into the 800 MHz system. She recommended adoption of two form motions which would advise the County of the City's intention to proceed with its own 800 MHz system, and would direct the City Administrator's office to prepare an action plan for start-up of a City owned 800 MHz system. City Administrator Edwins stated that a luncheon workshop has been scheduled for Monday, August 6, 1990, in the MIC room. As the implementation of the 800 MHz system is a significant issue to the City, Mr. Marland Howard will be present to answer questions. She stated that financing alternatives relating to the system would be discussed. Shauna Edwins, Ci ty Administrator, answered questions regarding start up costs, radio expenses, County access charges per radio, channel limitations and availability, transmitting station and potential financing methods. She stated that with either the County system or the City system, the City would have to purchase radios at an approximate cost of two million dollars. City Administrator Edwins explained that two areas of concern with the system are cost and control. Advantages of having a City owned system are reduction of costs by amortizing the system over a period of years, use of a shared or duplicate system to back up the County, and control of local channel access in the event of a disaster. Mrs. Edwins stated that the County will be a year ahead of the City in developing the 800 MHz system and will share their information. Thus, the City can learn from the County's experiences. She also stated that there will be shared accessibility between the County and City systems. Council Member Reilly made a motion, seconded by Council Member pope-Ludlam and unanimously carried, that the Mayor and Common Council direct the City Administrator to forward a letter to the County's Chief Administrative Officer indicating that the City will not be participating in the County-wide program; and that the City requests a specific allocation of eight channels in addition to access and use of one Data, one air-to-ground, and one local mutual aid channel, for a total of eleven channels. Council Member Reilly made a motion, seconded by Council Member pope-Ludlam and unanimously carried, that the Mayor and Common Council direct the City Administrator's Office to prepare 2 7/23/90 an action purchase, system. plan including a time line and a financial plan for construction and start-up of a City-owned 800 MHz MAYOR HOLCOMB EXCUSED At 4:15 p.m., Mayor Holcomb left the Council meeting and Council Member Reilly assumed the duties of Mayor Pro Tempore. READING AND WAIVING OF RESOLUTIONS Deputy City Clerk Reese read the titles of all the resolutions on the agenda. RES. 90-326 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DORST AND DRYDEN GLASS CONTRACTORS FOR REPLACEMENT OF EXTERIOR DOORS AT CENTRAL CITY MALL (10) Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution Ayes: Council Ludlam, Miller. No. 90-326 was adopted by the following vote: Member Reilly, Flores, Maudsley, Minor, Pope- Noes: None. Absent.: Council Member Estrada. RECESS MEETING - CLOSED SESSION At 4:16 p.m., Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the Mayor and Common Council recess to closed session for the following: (llb) b. to consider personnel matters pursuant to Government Code Section 54957. CLOSED SESSION At 4: 16 p. m., Mayor Pro Tempore Reilly 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 Pro Tempore Reilly; Council Members Reilly, Flores, Maudsley, Minor, pope-Ludlam, Miller; City Attorney Penman, City Administrator Edwins. Absent: Mayor Holcomb; Council Member Estrada; Deputy City Clerk Reese. Also present: Barbara Skropos, Deputy City Attorney. DEPUTY CITY CLERK REESE ARRIVED At 4:45 p.m., Deputy City Clerk Reese arrived at the closed session. 3 7/23/90 ADJOURN CLOSED SESSION At 5:15 p.m., the closed session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino, California. RECONVENE MEETING At 5:15 p.m., Mayor Pro Tempore Reilly reconvened the Adjourned Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Pro Tempore Reilly; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk Reese, City Administrator Edwins. Absent: Mayor Holcomb; Council Member Estrada. CLOSED SESSION ACTION - TEMPORARY AFFIRMATIVE ACTION OFFICER - JOHN WILSON Mayor Pro Tempore Reilly announced that in closed session the Council unanimously voted to appoint John Wilson, Senior Deputy City Attorney, as temporary Acting Affirmative Action Officer until January 1, 1991, or until a permanent replacement can be found. (llb) A RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING DETERMINATIONS CONCERNING CONSTRUCTION OF PUBLIC IMPROVEMENTS AND ACQUISITION OF PROPERTY BY SPECIAL ASSESSMENTS, DEFINING PROJECT BOUNDARIES AND ORDERING PREPARATION OF A REPORT. (Verdemont Area) - Continued from July 16, 1990 (3) RESOLUTION OF THE DESIGNATIONS AND RESPONSIBILITIES AND ASSESSMENT PROCEEDINGS. from July 16, 1990 CITY OF SAN BERNARDINO MAKING APPOINTMENT TO FULFILL PERFORM DUTIES FOR SPECIAL (Verdemont Area) - Continued (4 ) RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE PROPOSED BOUNDARIES OF THE AREA TO BE ASSESSED FOR CERTAIN PUBLIC IMPROVEMENTS AND ACQUISITION IN A SPECIAL ASSESSMENT DISTRICT. (Verdemont Area)- Continued from July 16, 1990 (5) 4 7/23/90 A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE ACQUISITION AND CONSTRUCTION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS. (Verdemont Area) - Continued From July 16, 1990 (6) A RESOLUTION OF THE CITY OF SAN AND GIVING PRELIMINARY APPROVAL ENGINEER OF WORK AND APPOINTING PUBLIC HEARING. (Verdemont From July 16, 1990 BERNARDINO PASSING ON TO THE REPORT OF THE A TIME AND PLACE FOR Area) Continued (7 ) A RESOLUTION OF THE CITY OF SAN BERNARDINO REFERENCING PREVAILING WAGE SCALE AND CALLING FOR CONSTRUCTION BIDS. (Verdemont Area) Continued from July 16, 1990 (8) A RESOLUTION OF THE CITY OF SAN BERNARDINO REQUESTING PROPOSAL FOR THE SALE OF BONDS. (Verdemont Area)- Continued From July 16, 1990 (9) Roger Hardgrave, Director of Public works/City Engineer, reviewed the 1931 Investigation Act Report and Preliminary Engineer's Report for the Verdemont Area Assessment District No. 987 and stated the district was initiated due to the need for additional infrastructure in the area. Assessment District No. 987 is divided into three zones. Zone One includes the construction of a box culvert on Palm Avenue and Cable Creek Channel, and the installation of traffic signals at Palm Avenue and Kendall Drive; Zone Two is for the Chestnut Avenue Storm Drain and debris basin; and Zone Three relates to the completion of street improvements on Palm Avenue. (3 - 9) Aggregate amounts of the value and assessments pertaining to the land proposed to be assessed for said improvements are as follows: the total assessed value of land in the district is over sixteen million dollars, the total true value of land in the district is over forty-five million dollars, the total estimated amount of public benefit based obligations outstanding is over four million dollars, and the total estimated amount of assessments for proposed improvements to be levied is over six million dollars. Mr. Hardgrave stated that the report contains two sections. The first section consists of a copy of the resolution making determinations, and the Special Assessment Investigations and 5 7/23/90 Limitation Act of 1931 Report. The criteria for the 1931 Act is that the estimated assessment can be no larger than 50% of the true value of the property. He explained that the total assessment placed on the property by the district will be paid off over a period of twenty years. All assessments in the district meet the 50% criteria with the exception of two parcels out of approximately 600 assessments, The second section of the report consists of the Engineer's report which includes the preliminary assessment roll, and gives more information on the individual parcels. Roger Hardgrave, Director of Public Works/City Engineer, introduced his memorandum dated July 23, 1990, in which he stated that a possible contribution of $146,472 to the district from the storm drain construction fund would reduce some of the assessments. He also answered questions regarding the assessments. John Friedrich, Assessment Engineer, representing GFB- Friedrich and Associates, explained how the assessment unit figures in the report were calculated, and responded to concerns regarding inaccuracies in the report. Mr. Friedrich stated that publicly held parcels are not being assessed. Council members expressed concern over the high cost and inequities in the amounts of assessments. Roger Hardgrave, Director of Public Works /Ci ty Engineer, explained that at today's meeting, the Council is being asked to adopt preliminary measures and to set a public hearing for September 5, 1990. The public would be notified by mail of the hearing and could appear to express their concerns. City Attorney Penman explained that he had not had the opportunity to review the resolutions prior to the meeting and had signed only two of the seven resolutions. He stated he would like to meet with George McFarland, attorney with Orrick, Herrington and Sutcliffe, to resolve questions he had on the other resolutions. Mr. Penman recommended that the resolutions be continued to July 30, 1990, to allow for further review and adoption of all resolutions at one time. He stated that if the matter were continued to August 6, 1990, it would not allow for the required thirty days notice period for the September 5, 1990 hearing. He explained that the Engineering Department is anxious to proceed to get the work done before the rainy season. Mr. Penman explained some of the factors that have delayed the orderly process of this assessment district. He stated that 6 7/23/90 this is the first 1931 Act procedure done by this Council and there are many engineering and legal problems. George McFarland explained the nature of each resolution. The Council expressed concern that they were being asked to approve documents that neither the City Attorney nor they had been given time to review. They also indicated that the cost of the infrastructure improvements was much higher than expected. Mr. McFarland answered questions regarding the legal aspects of drainage improvements projects. Roger Hardgrave, Director of Public works/City Engineer, stated that the Flood Control District considers October 15 of this year to be the official start of the rainy season. He urged the Council to approve the proposed action to allow four weeks' work to be completed before the rainy season starts. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, that said resolutions be continued to August 6, 1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Members Flores, Maudsley, Minor, Pope-Ludlam, Miller. Council Member Reilly. Absent: Council Member Estrada. Council Noes: ADJOURNMENT At 5:55 p.m., Council Member Flores made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the meeting be adjourned. (12) SHAUNA CLARK City Clerk by: /{Jtf{'w ~L.fAL.i Deputy C'ty Clerk No. of Items: 13 No. of Hours: 2 7 7/23/90