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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. 1 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. 2 9/8/92 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. 3 9/8/92 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) 4 9/8/92 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) 5 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. - 6 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. 7 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. 8 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.- 9 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. 10 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: 11 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 12 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- 13 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. 41 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. 43 9/8/92