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Home My WebLink About08-18-1986 Minutes - City of San Bernardino, California August 18, 1986 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:05 a.m., on Monday, August 18, 1986, in the Council Chalubers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Administrative Assistant to the Mayor Richard Bennecke. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Hernandez, Mayor Pro Tempore. ROLL CALL Roll Call was taken by City Clerk Clark with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, MarKs, Quiel, Frazier, Strick- ler; City Attorney Prince, City Clerk Clark, City Admini- strator Schweitzer. Absent: None. PROCLAMATION - MEXICAN MONTH - SEPTEMBER, 1986 Richard Bennecke, Administrative Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming the month of September, 1986, as Mexican Month. Ms. Araceli Otero, representing Julieta Munoz, Chan- cellor of the Mexican Consulate, was present to accept the proclamation. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. APPOINTMENT - CHARLES "BOBBY" BURNS - SENIOR AFFAIRS COMMISSION - SECOND WARD In a memorandum dated August 5, 1986, Mayor Wilcox requested the appointment of Charles "Bobby" Burns, 1365 N. Waterman Avenue, Apt. 101, San Bernardino, to the Senior Affairs Commission, as requested by Council Member Reilly of the Second Ward. Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that the appointment of Charles "Bobby" Burns to the Senior Affairs Commission, as a representative of the Second Ward, be approved. TREE TRIMMING ALONG FREEWAYS Discussion was held concerning arrangements being made through correspondence with Senator Ayala, Assemblyman Leonard, and with the State Highway Commissioners, to have the trees trimmed along the freeways through the City. Mayor wilcox stated that there has been no direction made from the Mayor's Office to have the Parks, Recreation & Communi ty Services Department proceed with the trimming of the trees. COUNCIL MEMBER EST~\DA RETURNED Council Member Estrada returned to the Council Meeting and took her place at the Council Table. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. APPROVE MINUTES - JUNE 28, 1986 Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 28th day of June, 1986, be approved as submitted in typewritten form. (1) APPROVE MINUTES - JULY 28, 1986 Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 28th day of July, 1986, be approved as submitted in typewritten form. (2) APPROVE MINUTES - AUGUST 4, 1986 Council Member Marks made a motion, seconded by Council Member Strickler, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 4th day of August, 1986, be approved as amended by interdelineation on Page 14 by adding the following state- ment by Council Member Strickler: (3) Council Member Strickler stated that he felt that the fine arts is a very important issue to this community, now and in the future, and that it needs to be funded, but he questioned the method being suggested for funding. Mr. Strickler pointed out that a 1% fee has been charged for issuing Industrial Revenue Bonds, which was to be put aside in a separate fund for the purpose of providing that the City could get a Triple A rating on any future bonds, but another use has been found for the thousands of dollars that have been collected. He further stated that the utility tax was originally im- posed as a temporary measure. However, that tax is still being collected and has been increased. Council Member Strickler stated he supported the fine arts 100%, and would do anything he could to find al terna te methods of funding. He explained that imposing the 1/2 of 1% assessment on com- mercial construction for the purpose of cultural development may be the proper method of funding the fine arts, but he was not convinced. He suggested that industry be asked if they want to volun- teer to pay this fee when they propose development in the City. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Strick- ler. Noes: None. Absent: Council Member Frazier. Ab- stain: Council Member Quiel. 2 8/18/86 CLAIMS AND PAYROLL Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, to approve demands against the city and authorize the issuance of warrants as follows: (4) 1. Approve the register of demands dated: July 29, 1986 August 6, 198b 85/86 8S/86 #53 #S4 $1,271,831.22 1,18l,7S1.36 2. Approve the total gross payroll for the period July 7, 1986 through July 20, 1986, in the amount of $1,281,574.11. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meeting and took his place at the Council Table. PERSONNEL ACTIONS Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the personnel actions submitted by the Director of Personnel in accordance with all administrative regulations of the City of San Ber- nardino be approved and ratified, with the exceptions of Bruce Gadbois, Director of Emergency Services/Risk Manage- ment and Kenneth C. Strong, Conservation Crew Supervisor. (5) APPOINTMENTS City Attorney patricia M. Menchen - Legal Secretary I (C) - Effective August 18, 1986 Fire Department Firefighter - Effective September 2, 1986 Richard M. Rocheleau Brian P. Solorio Police Department Complaint Desk Coordinator - Effective August 19, 1986 Donna Rae Rutherfurd Terry Suzanne Snyder Public Buildings Electrician I - Effective August 19, 1986 Long V. Tran Francisco Villalobos TEMPORARY APPOINTME0TS Parks, Recreation & Community Services Anthony Arreola - Senior Lifeguard/Part-Time - Effective July 28, 1986 Senior Services Aide - Effective August 5, 1986 Valentina Garcia Alice Tellez Recreation Aide/Part-Time - Effective August 19, 198b Terrance L. Hamilton John E. Homes 3 8/18/86 Amy Kocacenk - Coach Operator/Part-Time - Effective August 19, 1986 Susan Lewis - Youth Services Aide II/Part-Time - Effective August 19, 1986 Senior Recreation Leader - Effective August 5, 1986 Richard Chapman Ann Kassel Melba Crawford Alex Trujillo Recreation Specialist/Part-Time - Effective August 19, 1986 Mattia Ragan Karen M. Zerger Recreation Leader/Part-Time - Effective August 5, 1986 Rickey Cordova Daniel Marquez Conder Seasnoltz Andrew Kruk Margarita Olson Public Buildings Custodial Aide I - Effective August 19, 1986 Robert Gene Evans Anthony Lopez Fire Department David A. Rose - Firefighter Trainee - Effective September 2, 1986 Police Department Law Enforcement Trainee - Effective August 19, 1986 George Charles Danco Kevin M. Stuart Carl A. Williams, Jr. Alan D. Irwin Alex S. Thorpe Nondepartmental/General Government Ruth E. Stanley - Intermediate Typist Clerk/Part-Time - Effective August 19, 1986 PROVISIONAL APPOINTMENT Fire Department Gail Jones - Fire Prevention Technician - Effective August 6, 1986 PROMOTION Public Works/Engineering Abraham H. Mendoza - From Engineering Aide to civil Engineering Assistant - Effective August 19, 1986 Fire Department Larry Husted - From Dispatcher II to Firefighter - Effective September 2, 1986 PROMOTION/TRANSFER Public Works/Engineering Laszlo Fogassy - From Abatement Coordinator Real Property Specialist - Effective August to 19, 1986 4 8/18/86 TEMPORARY PROMOTION Parks, Recreation & Community Services Thomas Finwall - From Lifeguard/Part-Time to Senior Lifeguard/Part-Time - Effective July 28, 1986 Jill Greenowich - From Lifeguard/Part-Time to Supervising Lifeguard/Part-Time - Effective July 28, 1986 HIGHER AC'rING CLASSIFICA'rION Fire Department Rita R. Kent - Fire Prevention Specialist - From July 24, 1986 through September 17, 1986 LEAVE OF ABSENCE WITHOUT PAY/MATERNITY City Clerk Diane Copeland - Intermediate Typist Clerk - From July 25, 1986 to November 25, 1986 Public Services/Street Teresa L. Tindall - Intermediate Typist Clerk - From September 2, 1986 to October 24, 1986 LEAVE OF ABSENCE/MILITARY LEAVE Planning Department Donna R. Warden - Draftsperson - From August 9, 1986 to August 23, 1986 LEAVE OF ABSENCE WITHOUT PAY/MILITARY LEAVE Police Department Russell Wayne Smith - Dispatcher I - From August 15, 1986 to August 30, 1986 LEAVE OF ABSENCE WITHOUT PAY/INJURY Public Works/Engineering Frances E. Carrisal - Intermediate Typist Clerk - From July 25, 1986 to September 24, 1986 LEAVE OF ABSENCE WI'rHOUT PAY/EXTENSION SBETA - Administration David L. Gandy - Staff Analyst I - From July 25, 1986 to October 21, 1986 CONSERVATION CREW SUPERVISOR Greg Garcia, project Coordinator, Mayor's Office, an- swered questions concerning the proposed appointment of Kenneth C. Strong to Conservation Crew Supervisor effective August 19, 1986. Mr. Garcia explained that the appointee would begin training on August 20, 1986. (5) Discussion was held concerning this appointment being a replacement in an already existing, but unoccupied position, and that the position is a requirement for the City to be considered for grant monies. City Administrator Schweitzer cerning the change in the position nent. answered questions con- from temporary to perma- 5 8/18/86 council Member Hernandez maue a motion; seconded by Council Member Frazier and unanimously carried, that the position of Conservation Crew Supervisor be referred back to the Personnel Committee, the City Administrator and the Personnel Department for review; and that in the interim, the temporary position of Conservation Crew Supervisor be approved. DIRECTOR OF EMERGENCY SERVICES/RISK MANAGEMENT Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the request for approval of the Higher Acting Classification of Bruce Gad- bois to Director of Emergency Services/Risk Management, be continued to the afternoon session of the meeting, for an opportuni ty for the Mayor and Corrunon Council, City Admini- strator and Bruce Gadbois to discuss the appointment in Closed Session. (See Page 22) (5) LIABILITY CLAIM SETTLEMENT - ELIZABETH BOUL In a memorandum dated August 4, 1986, City Admini- strator Schweitzer stated that on June 18, 1984, Elizabeth Boul suffered injuries to the soft tissue of her neck when her car was rear ended by a police officer in an undercover automobile, while stopped on "D" Street, just south of Base Line Street, and that a settlement of $3,500.00 has been negotiated by the City Attorney and the attorney for Ms. Boul. (6) ci ty Administrator Schweitzer answered questions re- garding how the settlement between the City and Ms. Boul was made. Discussion was held concerning the current policy that all claims be settled by the City Attorney. City Attorney Prince recommended payment of the settle- ment. Bruce Gadbois, Emergency answered questions regarding how are handled. Services/Risk Management, medical reviews of claims Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that the City Attorney be authorized to settle Liability Claim 84A- 099, Municipal Court Case 22779'::>, Elizabeth Boul vs. the City of San Bernardino, for the sum of $3,'::>00.00. LIABILITY CLAIM SETTLEMENT - TERRY HARRIS In a memorandum dated July 25, 1986, Bruce Gadbois of Emergency Services/Risk Management, stated that on February 13, 1986, Terry Harris was involved in a non-injury accident in the 4100 block of Mt. View Avenue when a city truck, towing a tree chipper, pulled from a parked position into the path of his car. Mr. Harris has been reimbursed for his out-of-pocket expenses, and the request for settlement of $1,859.27 is to be paid to his subrogee, the Automobile Club of Southern California. (7) Bruce Gadbois, Emergency Services/Risk answered questions regarding investigation into sibility of City employees in accidents. Management, the respon- ci ty Administrator Schweitzer answered questions re- garding the City's program for discipline and training con- cerning employee-related accidents. 6 8/18/86 The Mayor and COtlUnOn Council requested that the city Administrator provide them with a report concerning the training and/or discipline issued to the City employee in- volved in this claim. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the City Attorney be authorized to settle Liability Claim 86A-OS2, Terry Harris, in the amount of $1,859.27. LIABILITY CLAIM SETTLEMENT - TONY ARAGON In a memorandum dated August 6, 1986, City Admini- strator Schweitzer stated that on May 1, 1986, Tony Aragon of the Police Department, was involved in a traffic colli- sion with an uninsured motorist at the corner of Sixth and "E" Streets, while driving his personal car, a 1971 Datsun 240-Z, which was totaled, while on his way to make a drug awareness presentation. (8) Discussion was held concerning the computation of the value of the totaled vehicle, and the need for a policy on the use of personal vehicles for work assignments. City Administrator Schweitzer answered questions re- gardiny how many employees are paid mileage to use their personal vehicles for City business. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that Liability Claim 8bA-074 filed by Tony Aragon for property damage only in the sum of $3,449.00, be referred to the Ways and Means Committee for a report back, and that the City Attorney provide a legal opinion regarding the liability of the City by having employees use tlleir personal vehicles for work assignments. FIF'rH WARD PARK EXTENSION FUNDS - FURNISHINGS AND AMENITIES - BLAIR PARK In a memorandum dated August 6, 1986, Annie Ramos, Director of Parks, Recreation & Community Services, provided the outcome of a survey conducted of the cOIlununi ty in the immediate vicinity of Blair Park, concerning amenities re- quested for Blair Park. (9) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that $8,06S.00 from Fifth Ward Park Extension Funds for the purpose of park furnishings and amenities for Blair Park, be approved. GAMES OF AMUSEMENT PERMIT - WEST COAST AMUSEMENT - THOMAS A. PORTALE In a memorandum dated August 1, 1986, Don Burnett recommended authorization of a ment Permit requested by Thomas A. Portale. Chief of Police Games of Amuse- (10) City Clerk Clark explained that game machine applicants are not required to provide information on where they will locate games at the time they apply for an operator's per- mit. It is presumed that they have no locations, because they must have the permit first. After the operator's per- mit is approved, then the applicant must submit locations of games of amusement with hiS/her business license appli- cation. City Clerk Clark was requested to provide the Council Office with a list of the games of amusement locations, and to provide an amended list if the games are relocated. 7 8/18/86 council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the appli- cation for a permit for Games of Amusement submitted by Thomas A. portale, 220 Turf View Drive, Solana Beach, be approved. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. G~IES OF AMUSEMENT PERMIT - BELMONT ENTERPRISES - RALPH AND MARGARET CHANDLER In a memorandum dated July 30, 198b, Chief of Police Burnett recommended the authorization of a Games of Amuse- ment Permit requested by Ralph and Margaret Chandler, dba Belmont Enterprises. (11) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the application for a permit for Games of Amusement submitted by Ralph and Margaret Chandler, 1805 Belmont Court, San Ber- nardino, be approved. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place on the Council Table. STREET IMPROVEMENTS - MAJOR ARTERIES - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated August 5, 1986, Manuel Moreno, Jr., Director of Public Services, listed various major street arteries within the City, which have previously re- ceived Mayor and Common Council approval for reconstruction, and stated that before the streets can be resurfaced, the City must contract for scarifying, planing, area removal and placement of rejuvenating oil. (12) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that authorization to advertise for bids for street improvements to major street arteries be continued to later in the meeting. (See Page 21) APPROVAL AND ACCEPTANCE OF WORK - BOB BRITTON, INC. - STREET IMPROVEMENTS - DEL ROSA AVENUE - LOS FLORES DRIVE TO 39TH STREET In a memorandum dated August 7, 1986, Roger Hardgrave, Director of Public Works/Engineering, stated that all work under the contract with Bob Britton, Inc. for street im- provements to Del Rosa Avenue, was satisfactorily completed as of July 25, 1986. (13) Council Member Strickler made a motion, seconded by council Member Marks and unanimously carried, that the work performed by the contractor, in accordance with Specifi- cation No. 6948, be approved and accepted; and final payment be authorized at the expiration of the lien period. APPROVAL OF CHANGE ORDER NO. ONE - MATICH CORPORATION - CONSTRUC'l'ION OF DALEY CANYON ROAD - EAST OF CHIQUITA LANE In a memorandum dated August 7, 1986, Roger Hardgrave, Director of Public Works/Engineering, stated that Matich Corporation was directed to remove and reconstruct the west transition of the driveway approach on Daley Canyon Road as a result of a field review which found that the driveway approach was adequate for automobiles and piCk-Ups, but not for horse trailers or special vehicles. (14) 8 8/18/86 council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that Change Order No. One to the contract with Matich Corporation for con- struction of Daley Canyon Road, east of Chiquita Lane, in accordance with Plan No. 6824, be approved; to authorize tile contractor to raise the subgrade in the area of 1806 Daley Canyon Road to conform with Revision No. 1 to the plans, on a time and materials basis, not to exceed $1,400.00; to re- move the west transition for the driveway approach on Daley Canyon Road for 1805; and to reconstruct, on a time and materials basis, not to exceed $300.00. APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS - CONSTRUCTION OF CUL-DE-SAC - PIEDMONT DRIVE - EAST OF VICTORIA AVENUE - REIMBURSEMENT AGREEMENTS - HILL-WILLIAMS DEVELOPMENT In a memorandum dated August 15, 1986, Roger Hardgrave, Director of Public Works/Engineering, requested approval of Reimbursement Agreements prepared by the Hill-Williams Cor- poration which provide, in general, that the City will con- struct grading, curbs and gutters, and pave piedmont Drive in order that the extension of Piedmont Drive may proceed without waiting for the proposed Tentative Tract No. 13329 development by the Hill-Williams Development Corporation. (15) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the plans for construction of a cul-de-sac on piedmont Drive, east of Victoria Avenue, in accordance with Plan No. 7063 and sub- ject to future technical modifications, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. RES. 86-330 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A REIMBURSEMENT AGREEMENT WITH THE HILL WILLIAMS DEVELOPMENT CORPORATION RELATING TO THE EXTENSION OF PIEDMON'r DRIVE ADJA- CENT TO TENTATIVE TRACT NO. 13329. (15) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 86-330 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, StriCkler. Noes: None. Absent: None. RES. 86-331 - RESOLU'rION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A REIMBURSEMENT AGREEMENT WITH THE HILL WILLIAMS DEVELOPMENT CORPORATION RELATING TO THE EXTENSION OF PIEDMONT DRIVE ADJA- CENT TO A.P.N. 285-181-35 (EXPIRED TENTA- TIVE TRACT NO. 10722). (lS) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. 9 8/18/86 Resolution No. 86-331 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. COUNCIL Council Meeting. MEMBERS MARKS AND FRAZIER EXCUSED Members Marks and Frazier left the Council VACATION OF ALLEY - SOUTH OF MILL STREET - WEST OF "H" STREET - RAYMOND R. PATSCHECK In a memorandum dated July 28, 1986, Roger Hardgrave, Director of Public Works/Engineering, recommended approval of the request received from Raymond R. Pats check for vacation of the east/west alley south of Mill Street, west of "H" Street, in order to facilitate development of the adjoining parcels of land. (16) Ci ty Administrator Schweitzer answered questions re- garding the status of the alley. City Attorney Prince recommended that the matter be continued to later in the meeting. Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that the matter concerning the vacation of the alley south of Mill Street be continued to later in the meeting. (See Page 21) COUNCIL MEMBERS MARKS AND FRAZIER RETURNED Council Members Marks and Frazier returned Council Meeting and took their places at the Council to the Table. PUBLIC HEARING - CONTRACT PLAN CHECKING - CITY EMPLOYED CONSULTANTS This is the time and place set for a public hearing to consider amending Resolution No. 83-201 to include provi- sions for contract plan checking provided by City employed consultants. (17) Discussion was held regarding suggested changes in the proposed resolution. Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the hearing concerning contract plan checking provided by City employed consul tants be continued to later in the meeting. (See Page 37) PUBLIC HEARING - PROPOSED FEE OF UP TO 1% ON COMMERCIAL CONS'rRUCTION FOR CULTURAL DEVELOPMENT This is the time and place set for consideration of imposing a fee of up to 1% on commercial construction for the purpose of cultural development, recommended as a part of the Master Plan for Fine Arts in San Bernardino. (18) Mayor wilcox opened the hearing. A copy of the fee analysis requested at the last Coun- cil Meeting was presented for review. Susan Chow, Assistant to the City Administrator, an- swered questions regarding the fee analysis. Discussion was held concerning how other cities fund their cultural development plans. 10 8/18/86 Bill Wood; Executive Vice President of the San Bernar- dino Area Chamber of Commerce; spoke in opposition to the fee, stating that the Chamber of Commerce supports the fine arts and cultural development in the City, but feels this tax would be counterproductive. steve Gray, Great American Development, spoke in opposition to the fee, stating that the cultural development of the City should be the responsibility of all citizens, not just developers of new commercial buildings. Council Member Strickler requested that his opposition to the proposed fee be expressed in the minutes, with a clear understanding that he supports the fine arts and cul- tural development of the City, but does not feel the fine arts should be funded in this manner. Corine Robinson, Stonewood Construction and Robinson Real ty and Associates, spoke in opposition to the proposed fee, stating that the fee is directed at new development and the existing developments will share the same benefits, and that City-imposed fees on licenses and building have been escalating. Discussion was held concerning the total cost of de- velopment fees in San Bernardino being lower than in sur- rounding cities. James Irving Butts III, a local artist and a member of various state and national organizations, spoke in opposi- tion to the proposed fee, stating that there is no precedent for this tax, and suggested other methods of funding cul- tural development as used in other cities in the nation. Mildred Sparks, a member of the Links, an educational group, spoke in favor of the fee in order to expand the cultural activities of the City. Betty Anderson, teacher, spoke in favor of the fee, as local organizations are unable to continue to provide all the funding necessary to support cultural development. Frank Plash, representing the Inland Empire Symphony and the San Bernardino Valley Concert Association, thanked the Mayor and Common Council for their support of the pro- posed fee, and stated plans for use of the funding. Tom Kohl, Executive Director of the Mt. Baldy Region of the Building Industry Association, stated that developers are in favor of the arts, but they are strongly opposed to the proposed fee on new commercial development. He would have liked to have been informed of the need for the funding of the fine arts, so that representatives of the City, the fine arts and the building industry could have met to de- velop other means of funding the fine arts. Susan Feller, Executive Director of the Inland Empire Symphony, spoke in favor of the ordinance, stating that fundraising efforts will not diminish if the proposed fee is approved. Dale Jenks, General Manager of the Civic Light Opera Association and a member of the Fine Arts Commission, spoke in favor of the proposed fee, and answered questions re- garding where the artists live who perform in the Civic Light Opera productions. 11 8/18/86 Jerry Hanson of the Fine Arts commission spoke in favor of the proposed fee. Joe Mojourau, a member of the Fraternal Order of the Eagles, spoke in favor of the proposed fee. Michelle Jacabo of Ballet Folklorico, spoke in favor of the proposed fee. James Irving Butts III, a local artist, stated that Los Angeles has a redevelopment tax to fund cultural develop- ment. Gloria Chavez, Director of the Ballet Folklorico Cul- tural, stated that if the proposed fee is approved, fund- raisers will continue to be held to support the ballet. Dale Jenks, General Manager of the Civic Light Opera and a member of the Fine Arts Commission, stated that the plan for the use of the funds would also include improve- ments in the City such as statues and fountains. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the hearing be closed. Ci ty Attorney Prince answered questions concerning the recommended ordinance. Discussion was held concerning the title of the ordi- nance including the wordage cultural development, instead of fine arts, and other changes needed in the body of the ordi- nance. (See PagelS) RECESS MEETING At 11 :5S p.m., Council Member Quiel made a motion, seconded by Council Member Hernandez that the meeting be recessed until 2:00 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and that the Redevelopment Agency Corrunission convene at that time. The motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Quiel, Frazier, Strick- ler. Noes: Council Members Estrada, Marks. Absent: None. RECONVENE MEETING At 2:04 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strick- ler; City Attorney Prince, City Clerk Clark, City Admini- strator Schweitzer. Absent: None. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Com- mission/Redevelopment Agency was called to order by Chairman Wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 12 8/18/86 SALE OF ORANGEWOOD PARK TO SAN BERNARDINO COMMUNITY HOSPITAL - CONTINUED FROM AUGUST 4, 1986 This is the time and place continued to for a public hearing to consider the purchase of Orangewood Park from the City of San Bernardino Parks, Recreation and Community Ser- vices Department and to sell said park site to San Bernar- dino Community Hospital for the development of a profes- sional office complex. (R-6) Council Member Frazier made a motion, Council Member Reilly and unanimously carried, the public hearing to September 8, 1986. seconded by to continue ORDINANCE NO. 3815 AMENDMENT - BOND TRUSTEES In a memorandum dated August 13, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, provided background information regarding problems incurred by Fred- ericks Development, Pumalo Palms project, operating under the conditions specified by the existing Ordinance No. 3815, which requires trust companies or banks having powers of a trust company to be within the State of California. After an analysis of the advantages and disadvantages of out-of- state trustees for municipal financings was reviewed, Ms. Saul suggested that Ordinance No. 3815 be amended. (R-9) Redevelopment Agency Counsel Briggs answered questions regarding the proposed amendment. Redevelopment Agency Bond Counsel Sabo answered ques- tions regarding the use of out-of-state trustees, and clari- fied that the use of the out-of-state trustees would be entertained only when a trustee was not available in Cali- fornia. ORD. MC-S36 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE NO. 3815 RELATING TO THE FINANCING OF PROJECTS FOR THE ENCOURAGING OF INCREASED EMPLOYMENT WI'rHE{ 'rHE CITY. (R-9) City Clerk Clark read the title of the ordinance. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the ordinance be waived; that said ordinance be adopted; and that Redevelopment Agency Counsel be directed to prepare necessary amendments to resolutions incorporating the trus- tee policy in order to make it clear that the City will only consider requests whereupon proof can be shown of nonavail- ability of trusteeship in California. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. PUBLIC HEARING - AMENDMENTS TO ORDINANCES MC-480 AND MC-481 - INFILL HOUSING PROGRAM - ENTERPRISE ZONE In a memorandum dated August 13, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, requested amendments to City Infill Housing Program Ordinances MC-480 and MC-481, as the ordinances controlling the program speci- fied single family dwelling units. A number of vacant par- cels that would ordinarily qualify for infill assistance are zoned for multifamily construction, which reduces the pos- sibility of development if developers are limited to single family dwelling units. (R-IO) Chairman Wilcox opened the hearing. 13 8/18/86 Ken Henderson, Manager of the Community Development Division of the Redevelopment Agency, spoke regarding the limitations of the existing ordinances, and stated he has met with school districts in surrounding areas with respect to school impaction fees. Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the hearing be closed. Council Member Frazier made a motion, seconded by Council Member Quiel, that vacant parcels zoned for mul ti- family residents, which otherwise qualify as infill housing sites and are within the boundaries of priority areas num- bered 1, 2, 3, 4 and 5 wi thin the Enterprise Zone, be in- cluded as part of the City's Infill Housing Program and the Enterprise Zone Incentive Ordinance be amended accordingly. The Council Noes: Marks. motion carried by the following vote: Ayes: Members Estrada, Reilly, Quiel, Frazier, Strickler. Council Member Hernandez. Absent: Council Member RES. 86-332 - RESOLD'rION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 86-62 TO EXTEND TERM OF INDUCEMEN'r RESO- LUTION FOR MULTIFAMILY MORTGAGE REVENUE BONDS FOR VLACH APARTMEN'rS PROJECT THROUGH NOVEMBER 3, 1986. (Palm Circle Apartment Complex) (R-ll ) City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived, and that said reso- lution be adopted. Resolution No. 86-332 was adopted vote: Ayes: Council Members Estrada, Quiel, Frazier, Strickler. Noes: None. Member Marks. by the following Reilly, Hernandez, Absent: Council COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBERS ESTRADA AND STRICKLER EXCUSED Council Members Estrada and Strickler left the Council Meeting. PRo'rEST HEARING - VACATION OF 17TH S'rREET - EAST OF CONEJO DRIVE - APPEAL - PLANNING COMMISSION'S DENIAL - VARIANCE 8S-24 - ELDORADO BANK - STEPHEN MC CARTY - CONTINUED FROM AUGUST 4, 1986 Council Member Reilly made a motion, seconded by Council Member Frazier and unanimously carried, that Agenda Items 57 and 58, a protest hearing concerning the vacation of 17th Street, and an appeal concerning the Planning Com- mission's denial of a request filed by Eldorado Bank for owner Stephen McCarty for Variance 85-24 to allow an en- croachment into a setback area located at 1721 North Conejo Drive, be considered at this time. (57 & 58) Mayor wilcox opened the hearing. COUNCIL MEMBERS ESTRADA AND STRICKLER RETURNED Council Members Estrada and StriCkler returned to the Council Meeting and took their places at the Council Table. 14 8/18/86 Charles Shultz from the law firm of Reid and Hellyer, representing Eldorado Bank, referred to a letter from the neighbors' in the area in question, and spoke concerning concessions that the property owner would make in order to meet the neighbors' demands. He explained why he did not feel payments to the property owners for declining property values are in order. He provided tax values and showed how the project will improve the neighborhood. Tina Gonzales, 1356 E. 17th Street, explained why she wanted a continuance of this matter. Charles Shultz, attorney, explained why he would like to move ahead, stating that according to the bank's economic analysis, their appraisal is correct and there is no need to give the surrounding property owners any money. John Newhoffer, property owner in the neighborhood, raised concerns about emergency access. Frank Schuma, Planning concerning the City's policy, is required to have two means Director, answered questions stating that the neighborhood of access. Mary DeRosie, 1710 Fairfax Drive, explained why she is having difficulty selling her property. Greg Fraga, 16S8 Conejo Drive, spoke regarding traffic problems and the need for the City to make a commitment on code compliance. Charles Shultz, attorney, explained how approving the street vacation would protect the City from liability prob- lems, and how the residents will gain better access to their own property. Paul Coulombe, IJS6 E. 17th Street, urged the Council to follow the code. Council Member Reilly made a motion, seconded by Council Member Marks and unanimously carried, that the Planning Director be instructed to arrange a meeting with Charles Schultz, Ms. 'rina Gonzales, a representative from the City Attorney's Office and himself, to resolve the issues discussed during the hearing on the vacation of a portion of 17th Street, east of Conejo Drive, and during the hearing on Variance No. 85-24; that Ms. Gonzales notify other property owners, who may wish to attend; that the Planning Director and City Attorney report to the Mayor and Common Council on September 8, 1986, with specific recom- mendations on the action the Council should take regarding the street vacation and the variance; and, that the City Attorney report on the legal implications and the City'S liability with respect to the actions that might be taken. PUBLIC HEARING - PROPOSED FEE OF UP TO 1% ON COMMERCIAL CONSTRUCTION FOR CULTURAL DEVELOPMENT - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for a public hearing to consider the imposition of a fee of up to 1% on commercial construction for the purpose of cultural develop- ment as recommended as part of the Master Plan for Fine Arts in San Bernardino. (See Page 12 ) (18) ORDINANCE OF THE CITY OF SAN ADDING CHAPTER 15.57 TO THE SM~ MUNICIPAL CODE RELATING TO DEVELOPMENT CONSTRUCTION FEES. BERNARDINO BERNARDINO CULTURAL FIRST 15 8/18/86 City Clerk Clark read the title of the ordinance. Council Member Marks made a motion, seconded by Memer Hernandez and unanimously carried, that reading of the ordinance be waived. Council further Council reflect that favor of this Member Strickler requested that the he supports the arts, but that he is method of raising money for the arts. record not in ci ty Attorney Prince answered questions regarding the ordinance and the need to put revenue from this ordinance into the General Fund due to proposition 13. Discussion was held regarding nance, and the following phrase " . . . such other uses as the Mayor direct." the wording of the ordi- within the ordinance, and Corrunon Council may Council Member Quiel requested that the record reflect that he supports the arts in San Bernardino, but that he feels this ordinance may result in a disincentive for pri- vate contributions for the arts, and that if the public wants to collect funds in this manner, they should prepare an initiative. City Attorney Prince answered questions of Council Member Quiel, stating that a clause could be inserted in the ordinance which would require review of the tax each year. The Mayor and Common Council approved the imposition of a fee of 1/2 of 1% on commercial construction for the pur- pose of cultural development. Council Member MarKS made a motion, seconded by Council Member Estrada, that the ordinance be revised by inserting after Line 4 that the use of the funds would be reviewed annually by the Mayor and Common Council, and by inserting a fee of 1/2 of 1% within the ordinance, and that said ordi- nance be laid over for final passage. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier. Noes: Council Members Quiel, Strickler. Absent: None. RECESS MEETING - CLOSED SESSION At 5:4S p.m., Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the Regular Meeting of the Mayor and Corrunon Council recess to a Closed Session under the authority of Government Code Section 549S6.9(a) to discuss pending litigation, Walsh et al and the City of San Bernardino, et aI, vs. San Manuel Band of Mission Indians, et aI, Case No. U.W. DISTRICT COURT NO. 85 6899 WJR (BX). (64) CLOSED SESSION At 5:4S p.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of the Council Chambers, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark, with the fol- lowing being present: Mayor Wilcox; Council Members Estra- da, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: None. 16 8/18/86 Also Present: Deputy City Attorney Sabourin; Richard Bennecke, Administrative Assistant to the Mayor; Executive Assistant to the Council Arvizo; Bruce Gadbois of Emergency Services/Risk Management; and Attorney Arthur Barden. ATTORNEY ARTHUR BARDEN EXCUSED At 6:35 p.m., Attorney Arthur Barden left the Closed Session. ADJOUID~ CLOSED SESSION At 6:50 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 6:50 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the fol- lowing being present: Mayor wilcox; Council Members Estra- da, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: None. LOTUS GARDEN RESTAURANT - III HOSPITALITY LANE - REQUEST TO RECONSIDER ACTION REGARDING TILE ROOF Council Member StriCKler requested the reconsideration of the Mayor and Common Council's action at the Regular Meeting of the Mayor and Common Council held Monday, August 4, 1986 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, disapproving an agreement with Alan Kwong conditionally approving the roofing of the Lotus Gar- den Restaurant, III Hospitality Lane, and providing for improvement security, due to the roofing materials lacking the approval of the ICBO (International Conference of Building Officials). (24) Council Member Quiel stated that he would abstain from voting on this matter, as he installed the signs for the restaurant. Council Member StriCkler made a motion, seconded by Council Member Marks, that the matter concerning an agree- ment with Alan Kwon conditionally approving the roofing of the Lotus Garden Restaurant, be reconsidered. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Frazier, Strickler. Noes: Council Members Hernandez. Absent: None. Abstain: Council Member Quiel. Hollis Hartley, attorney representing Alan Kwong of the Lotus Garden Restaurant, gave an explanation of buildings in other cities where the tile used on the Lotus Garden Restau- rant has been in use for several years. James Robbins, Acting Superintendent of the Building and Safety Department, stated that the City of Los Angeles has its own laboratory for testing tile, but that the Lotus Garden tile is not the same as the tile being used in vari- ous buildings in Los Angeles. 17 8/18/86 Acting Superintendent Robbins answered questions re- garding the safety standard of the roof and the testing methods. He stated that the tiles appear to be properly installed, but that the Building and Safety Department can- not guarantee that they were nailed. He pointed out that the restaurant has a mansard roof and that the tiles do not cover the entire area. Hollis Hartley, attorney, agreed to remove some of the roof tiles for the purpose of an inspection, and to meet any technical requirements imposed by the Building and Safety Department. He added that the tile manufacturers have offered a SO-year guarantee on the tile. City Attorney Prince answered questions regarding the City's legal position. Acting Superintendent Robbins answered questions re- garding the testing process. The builder of the restaurant stated that if the ICBO does not approve the current tile, the tile will be replaced with Spanish tile. Council Member Marks made a motion, seconded by Council Member Strickler, that the Building and Safety Department be directed to analyze the roofing material as to adequacy of safety; to make contact with other cities in Southern Cali- fornia which have known structures utilizing this roofing material to inquire as to its success in terms of safety of the roof; to check the locations where this tile is instal- led for a report back September 8, 1986; that the City Attorney prepare an agreement for report back on September 8, 1986, which includes a provision whereby the applicant agrees that during the interim period that the roofing material is without an ICBO rating, he will abide by any technical modification decisions required by Building and Safety personnel. The motion carried Council Members Estrada, Strickler. Noes: None. Member Quiel. by the following vote: Reilly, Hernandez, Marks, Absent: None. Abstain: Ayes: Frazier, Council COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. PROPOSED AMENDMENT - CHAPTER 19 OF MUNICIPAL CODE - R-3 MULTIPLE FAMILY RESIDENTIAL DISTRICT In a memorandum dated August 8, 198b, Planning Director Schuma provided a report on the cumulation of approximately eighteen months of effort to revise Chapter 19 of the San Bernardino Municipal Code, concerning R-3 Multiple Family Residential zones. (61) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that a public hearing on the R-3 Multiple Family Residential District ordinance be held September 8, 1986, at 7:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meeting and took his place at the Council Table. 18 8/18/86 APPEAL HEARING - PLANNING COMMISSION'S DENIAL - TENTATIVE TRACT 13172 AND CONDITIONAL USE PERMIT NO. 8S-72 - 4S4 LOT SUBDIVISION - LITTLE LEAGUE DRIVE - STEPHEN L. PLEASANT - C. M. ENGINEERING ASSOCIATES CONTINUED FROM AUGUST 4, 1986 This is the time and place continued to for an appeal hearing concerning the Planning Commission's denial of Ten- tative Tract 13172 and Conditional Use Permit No. 85-72, to establish a 4S4 small lot subdivision (patio home) in the PRD-7, Planned Residential Development, seven units per acre, pending a zone change from MHP, Mobile Home Park Zone. (59) Mayor wilcox opened the hearing. Stephen Pleasant, C. M. Engineering Associates, pre- sented revised plans for the proposed zone change, and answered questions regarding the units. He showed the positioning on the lots, stating that all side yard setbacks are met and that his client agrees to a Planning Department review of the elevations. He further stated that 2S% of the project will have 1,002 sq. ft., two bedroom units; approximately 25% will have 1,lS4 sq. ft., three bedroom units; and, that the re- mainder will be 1,238 sq. ft., three bedroom, two and one- half bathrooms and l,3Sb sq. ft., four bedroom, three bath- room units. The lots will vary in size: 49% will be 4,000 to 4,250 sq. ft.; 5% will be 4,250 to 4,SOO sq. ft.; 20% will be 4,SOO to 5,000 sq. ft.; 20% will be 5,000 to 5,500 sq. ft.; 3% will be 6,000 sq. ft.; and, 3% will be 6,000 sq. ft. plus. Gary Stafford, 3717 Myers Road, stated that he lives above the proposed project and presented concerns that smaller houses would be a detriment to the value of existing homes in the neighborhood. He questioned being included in the landscape district. It was explained to Mr. Stafford that landscape costs will only be imposed if he does not maintain his property. Helen Kopcynski, 8150 Cable Canyon Road, presented her objections to the project. Council Member Quiel made a motion, seconded by Council Member Strickler, that the hearing be closed; that the decision of the Planning Commission be reversed, and that the Tentative Tract and Conditional Use Permit be granted subject to the following additional conditions: 1. The developer will pay to the City the amount of $2U,00U within 30 days of final approval of the Tentative Tract for design studies for the northerly extension of Frontage Road. 2. Upon recordation of the final tract, the developer will pay a fee of $40,000 to the City for improvements with- in the area of development. 3. The elevations of the proposed development (Tract 13172) will serve as the minimum design standards as they apply to the final plans, and shall be reviewed and approved by the Planning Staff. 4. No more than 2S% of the total development shall be of the 1,002 sq. ft. plan. The other units shall range from 1.154 to 1, 3S6 sq. ft. in the percentages set forth by the developer. 19 8/18/86 5. pr ior to the completion of the development, the developer shall be required to provide a graded, all-weather access road from Cable Canyon Road to the westerly terminus of Frontage Road to the satisfaction of the Fire Chief. 6. The standards of quality on elevations submitted with this tract shall also be applied to the development in the previous tract (Tract 12756), and shall be added condi- tions of Tract 127SG. The motion carried by the following vote: Council Members Reilly, Quiel, Frazier, Strickler. Council Members Estrada, Hernandez, Marks. Absent: Ayes: Noes: None. ORD. MC-537 - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SUBSECTION D TO SECTION 15.56.040 OF THE SAN BERNARDINO MUNICIPAL CODE CONCERNING THE IMPOSITION OF BUILDING CONSTRUCTION FEES; PROVIDING AN EXEMPTION FROM THE AMOUNT OF THE FEE INCREASED EFFECTIVE JUNE 20, 1986 FOR ANY BUILDING PERMIT FOR WHICH AN APPLICATION WI'l'H PLANS AND SPECIFICATIONS WERE FILED PRIOR TO APRIL 1, 1986; AND DECLARING THE URGENCY THEREOF. (55) City Clerk Clark read the title of the ordinance. Council Member Strickler made a Council Member Reilly and unanimously reading of the ordinance be waived. motion, carried, seconded by that final Discussion was held concerning the grand fathering of projects which are in stream, but delayed through no fault of the developer. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be adopted as amended by interdelineation, by deleting on Line 3, Page 2, the word "approve", and deleting remaining wording after the word "specifications" from the urgency clause. Ordinance Ayes: Council Quiel, Frazier, MC-S37 was adopted by the following vote: Members Estrada, Reilly, Hernandez, Marks, Strickler. Noes: None. Absent: None. PUBLIC HEARING - ADOPTION OF 40TH STREET AND SIERRA WAY - AUGUST 4, 1986 This is the time and place hearing to consider the adoption 40th Street and Sierra Way. OVERLAY ZONE PLAN - CONTINUED FROM continued to for a public of an Overlay Zone Plan, (60) Mayor wilcox opened the hearing. ORD. MC-S38 - ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO ADOPTING AN OVERLAY ZONE IMPOSING ARCHITECTURAL DEVELOPMENT STANDARDS FOR THE VICINITY OF FORTIETH STREET AND SIERRA WAY. (60) City Clerk Clark read the title of the ordinance. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the hearing be closed; that further reading of the ordinance be waived and that said ordinance be adopted. 20 8/18/86 Ordinance No. MC-538 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, strickler. Noes: None. Absent: None. RESOLUTION OF 'rHE CI'fY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13296, LOCATED ON THE SOUTH- EASTERLY CORNER OF HOME AVENUE AND PENN- SYLVANIA AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AlJ'rHORIZING EXECUTION OF THE s'rANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFOffi1ANCE SPECIFIED. (Continued from August 4, 1986) (32) City Clerk Clark read the title of the resolution. Council Member Frazier made a motion, seconded by Council Reilly and unanimously carried, that further reading of the resolution be waived, and that said resolution be continued to September 8, 1986. PARCEL MAP 10104 - REQUEST FOR DISCUSSION BY PLfu~NING CO~~ISSION - PENNSYLVM,IA AVENUE, NORTH OF BASE LINE STREET In a memorandum dated August 12, 1986, Planning Director Schuma stated the concerns of the Planning Commis- sion regarding Parcel Map 10104, and their request for the Mayor and Common Council to discuss the matter. (62) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that discus- sion of Parcel Map 10104 be continued to September 8, 1986. STREET IMPROVEMENTS - MAJOR ARTERIES - AUTHORIZATION TO ADVERTISE FOR BIDS - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consider- ation of authorization to advertise for bids for street improvements at various major arteries. (See Page 8 ) (12) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the Purchas- ing Agent be authorized to advertise for bids for scarify- ing, planing and rejuvenating the 16 major arteries listed in the memorandum dated August 5, 1986, from the Director of Public Services, and for other streets which may be added by approval of the Council. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. PROPOSED ALLEY VACATION - SOUTH OF MILL STREET - WEST OF "H" STREET - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consider- ation of a proposed alley vacation located south of Mill Street and west of "H" Street. (See Page 10) (16) Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the Public Works Director/City Engineer and City Clerk be authorized to pro- ceed with the vacation of that certain east/west alley located south of Mill Street, west of "H" Street. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. 21 8/18/86 PERRIS HILL PARK - AUTHORI~ATION OF ACQUISITION AND INSTALLATION OF MAIN SWITCH AT FISCALINI FIELD In a memorandum dc.ted August 11, 1986, Roger Hardgrave, Director of Public Works/City Engineer, recommended improve- ments to the electrical system at Fiscalini Field in perris Hill Park. (27) Discussion was held concerning the inconvenience of the loss of use of the pistol range due to the faulty electrical system at Fiscalini Field. Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that the expenditure of $7,000 from Account No. 001-329-53203, "Maintenance & Repair - Materials", for the purchase of a new main switchboard and appurtenant equipment and three meter sockets, for the Fiscalini Baseball complex, and the expenditure of $S,SOO from Account No. 001-329-53150, "professional/Contractural Services", for installation of the new main switchboard and appurtenant equipment, be approved; also, that the matter of the fees charged for use of the facilities at Fiscalini Field and the shooting range be referred to the Ways and Means Committee for study. RECESS MEETING - CLOSED SESSION At 9:35 p.m., Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to a Closed Session, pursuant to Government Code Section 54957.6 to discuss labor relations, Section 54957 to discuss personnel matters, and Section 54956.9(c) to discuss pending litigation regarding the Highland/Delmann Heights Water Quality Authority. (65 & 66) CLOSED SESSION At 9:3S p.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estra- da, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: None. Also present: Ci ty Treasurer Graves, General Manager of the Water Department Wessell, Director of Personnel Per- lick, Administrative Assistant to the Mayor Bennecke, Assis- tant to the Mayor Patty Gonzales, Executive Assistant to the Council Arvizo. DIRECTOR OF PERSONNEL PERLICK EXCUSED At 10:00 p.m., Director of Personnel Perlick left the Closed Session. ADJOURN CLOSED SESSION At 12:32 a.m., the Closed Session Regular Meeting of the Mayor and Common Council Chambers of City Hall, 30U North Bernardino, California. adjourned to Council in liD II Street, the the San RECONVENE MEETING At 12:32 a.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 3UO North "D" Street, San Bernardino, California. 22 8/18/86 ROLL CALL Roll Call was taken by City Clerk Clark with the fol- lowing being present: Mayor Wilcox; Council Members Estra- da, Reilly, Hernandez, Quiel, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Mewbers Marks, Frazier. FAIR LABOR STANDARDS ACT - INCONVENIENCE PAY - SIDE LETTERS WITH AFSCME Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the Personnel Director be authorized to enter into two side letters with AFSCME concerning the Fair Labor Standards Act and "incon- veniencell pay. COUNCIL MEMBERS MARKS AND FRA~IER RETURNED Council Members Marks and Frazier returned to the Council Meeting and took their places at the Council Table. RES. 86-333 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECU'rION OF AN AGREEMENT WITH THE NATIONAL CITIZENS PARTICIPATION COUNCIL, INC., TO PROVIDE TECHNICAL ASSISTANCE REGARDING CAPACITY BUILDING fu~D SKILLS TRAINING ON THE UTILI- ZATION OF VOLUNTEERS. (41) City Clerk Clark read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member MarKs and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 86-333 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RECESS MEETING At 12:3~ a.m., Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the meeting be recessed until 10:00 a.m., Tuesday, August 19, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (67) RECONVENE MEETING At 10:03 a.m., Tuesday, August 19, 1986, the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk South with the following being present: Council Members Reilly, Marks, Quiel, Strickler; City Attorney Prince, Deputy City Clerk South, City Administrator Schweitzer. Absent: Mayor wil- cox, Council Members Estrada, Hernandez, Frazier. UP-GRADE HOUSING STUDY - CURRENT POLICY ON REQUIRING GARAGES ON REHABILITATION PROJECTS - REPORT FROM PLANNING DEPARTMENT, BUILDING AND SAFETY DEPARTMENT, fu~D REDEVELOPMENT AGENCY STAFF In a memorandum dated August 11, 1986, James Robbins, Acting Superintendent of Building and Safety, provided a report reviewing the background of the issue of adding garages or carports to single family residential structures being rehabilitated, and alternatives and recommendations. (28 ) 23 8/18/86 8/19/86 Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the report re- viewing the policy on requiring garages on rehabilitation projects be continued to September 8, 1986. APPEAL HEARING - BOARD O},' BUILDING COMMISSIONERS' ORDER OF ABATEMENT - 638 "L" STREET - CRUZ M. SAENZ - VE'rERANS ADMINIS'fRATION - CON'rINUED FROM AUGUST 4, 1986 This is the time and place continued to for an appeal hearing concerning the Board of Building Commissioners' Order of Abatement of property located at 638 "L" Street, filed by Cruz M. Saenz on behalf of the Veterans Admini- stration. (19) Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal hearing concerning the Board of Building COlnmissioners' Order of Abatement of property located at 638 "L" Street, filed by Cruz M. Saenz on behalf of the Veterans Admini- stration, be continued to September 8, 1986. MAYOR WILCOX AND COUNCIL MEMBER FRAZIER ARRIVED At 10:05 a.m., Mayor wilcox and Council Member Frazier arrived at the Council Meeting and took their places at the Council Table. LEGISLATIVE REVIEW COMMIT'rEE MEETING REPORT - AUGUST 7, 1986 Council Member Strickler, Chairman of Review Committee, presented the report of Review Committee Meeting held on August 7, lowing items were discussed: the Legislative the Legislative 1986. The fol- (20) 1. Mall Parking Structure Renovation - The Committee recommended approval and asked the Acting City Administrator to determine where funds would come from. A two-phase program was recommended to allow salary savings to be used and to complete most of the renovation by Christmas. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that $65,000 be allocated from the Redevelopment Agency funds for the sand- blasting, painting, patching and resigning of the three- level parking structure; that the City Administrator is to work with the Executive Director of the Redevelopment Agency and report back to the Mayor and Common Council concerning the funding, and that staff be directed to proceed with the work. 2. Redevelopment Project Signage Policy - The Committee recommended the 4' x 4' sign that was presented by the Redevelopment Agency. It would be used only in projects over $100,000. Council Member Strickler made a motion, seconded by Council Member Reilly, that the 4' x 4' sign recommended by the Legislative Review Committee for projects over $100,000, be approved. The motion carried Council Members Reilly, Council Member Frazier. Hernandez. by the following vote: Marks, Quiel, Strickler. Absent: Council Members Ayes: Noes: Estrada, COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. 24 8/19/86 3. Animal Control Ordinance - The Com- mittee recommended the ordinance be for- warded to the Council for review, approval or disapproval. There was special comment regarding Paragraph "J", noting that it would cause public discussion. The land use portion of the animal control ordi- nance was continued to the next meeting. Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that a public hearing concerning the animal control ordinance be set for 4:00 p.m., Monday, September 22, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the minutes of the Legislative Review Corrunittee meeting held August 7, 1986, be received and filed. CITY CLERK CLARK ARRIVED At 10:15 a.m., Shauna Clark, City Clerk, arrived at the meeting and replaced Deputy City Clerk South. REQUEST FOR WAIVER OF STORM DRAIN FEES - TRACT NO. 10979 - EAST OF PINE AVENUE - NORTH OF IRVINGTON AVENUE - FORECAST CORPORATION In a memorandum dated August 6, 1986, Roger Hardgrave, Director of Public Works/Engineering, outlined the flood control problems involved in Tract 10979, east of pine Ave- nue and north of Irvington Avenue. (26) Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the request from Forecast Corporation for reimbursement of storm drainage fees for Tract No. 10979, east of pine Avenue and north of Irvington Avenue, be referred to the Legislative Review Committee for review and development of a comprehensive plan for financing the improvement of the entire length of the Bailey Creek water course. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. REPORT FROM CITY ADMINISTRATOR - FUNDING AFTER SCHOOL PLAYGROUND PROGRAM ci ty Administrator Schweitzer garding possible funding for the program. FOR answered questions re- after school playground (29) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the report of the City Administrator regarding funding for the after school playground program be held over for Mid-Year Budget Review. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. REPORT FROM CITY ADMINISTRATOR - INSPECTION DEMANDS ON BUILDING AND SAFETY DEPARTMENT - CONTINUED FROM AUGUST 4, 1986 In a revised memorandum dated August 14, 1986, James Robbins, Acting Superintendent of Building and Safety, pro- vided a report of financial implementation alternatives relating to inspection demands on the Building and Safety Department, and how timely inspections can be executed. (30) 2:> 8/ B/86 Jim Robbins, Acting Superintendent of the Building and Safety Department, answered questions regarding the need for reassignment of and addition of personnel. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that a review be made to rebudget monies through salary savings so that the open position in the Building and Safety Department can be filled; and that the balance of the report from Jim Robbins be referred to the Legislative Review Committee for their report back on September 8, 1986. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. POLICE COMMISSION REPORT - COMMUNITY SERVICES OFFICES Chief of Police Don Burnett presented a report prepared by the Board of Police Commissioners dated July, 1986, concerning the Police Community Service Offices, and pro- vided his comments regarding each recommendation in the report in a memorandum dated August 12, 198b. (2S) council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the City Attorney prepare resolutions commending the members of the Police Commission for their report on the Community Police Centers, realizing the depth of the report and the attention to detail, and congratulating each member individually. REQUEST FOR FINANCIAL ASSISTANCE - SAN BERNARDINO PIONEERS - KEITH LOWE - U.S. OPEN BASEBALL TOUfu~AMENT AT RAINBOW STADIUM, UNIVERSITY OF HAWAII In a letter dated August 5, 1986, Keith Lowe requested financial assistance in the amount of $4,000.00 from the City on behalf of the San Bernardino pioneers to help finance their entry in the United States Open Baseball tournament at Rainbow Stadium, University of Hawaii. (31) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the request from Keith Lowe on behalf of the San Bernardino pioneers for financial assistance in the amount of $4,000.00 to enter the Uni ted States Open Baseball Tournament at Rainbow Stadium, University of Hawaii, be respectfully denied due to lack of appropriate funding. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECU'r ION AND DELIVERY BY THE CITY OF LEASE AGREEMENT, GROUND LEASE AGREEMENT, AGENCY AGREEMEN'r, TRUS'r AGREEMENT AND ASSIGNMENT AGREEMENT WITH RESPECT TO THE ISSUANCE AND SALE OF CERTIFICATES OF PARTICIPATION (CI'ry OF SAN BERNARDINO 1986 PROJECTS), APPOINTING TRUSTEE AND AUTHORI- ZING ISSUANCE OF SUCH CERTIFICATES IN AN AMOUN'E NOT 'ro EXCEED $2,875,000. (Continued from August 4, 1986) (33) City Clerk Clark read the title of the reSOlution. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived, and that said resolution be continued to September 8, 1986, as negotiations on the fire station property are not finalized. 26 8/19/86 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE Crry m' SAN BERNARDINO PROVIDING FOR THE SALE OF NOT TO EXCEED $2,875,000 PRINCIPAL AHOUNT OF CER'rIFICA'rES OF PARTICIPATION. (CITY OF SAN BERNARDINO 1986 PROJECTS) (Continued from August 4, 1986) (34) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived, and that said resolution be continued to September 8, 1986, as negotiations on the fire station property are not finalized. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of the remaining resolutions on the Agenda. Council Member Marks made a motion, seconded by Member Strickler and unanimously carried, that reading of the resolutions be waived. Council further COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. RES. 86-334 RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAME OF OillU,GE SHOW ROAD FROM THE 1-215 FREEWAY TO THE SOU'rHWEST CITY LIMIT LINE TO AUTO PLAZA DRIVE WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO, WITH AN EFFECTIVE DATE OF SEPTEMBER 1, 1986. (Continued from August 4, 1986) (35) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. Resolution No. 86-334 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier. Noes: None. Absent: Council Members Estrada, Hernandez, Strickler. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. RES. 86-335 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORI:GING THE EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BER- NARDINO RELNrING TO THE CITY'S UTILIZATION OF MINORS IN THE JUVENILE WORK PROGRAM. (36) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. Resolution No. 86-33S was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Hernandez. 27 8/ 19/86 RES. 86-336 - RESOLUTION OF THE CrfY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMEi'n WrrH THE CALIFORNIA DIS- TRICT #43 OF LITTLE LEAGUE BASEBALL, INC., RELATING TO FUNDING TO ATTEND THE WES'rERN REGIONAL BIG LEAGUE TOURNAMEN'r IN SACRA- MENTO. (37) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. Resolution No. 86-336 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Hernandez. RES. 80-33 7 - RESOLU'rION OF 'THE Crry OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCA'rED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE AJ3ATEMEN'f OF A PUBLIC NUISANCE. (971 W. 8TH STREET, 1198 W. 8TH STREET, 735 N. BERKELEY, 538 N. "G" STREET, 940- 946 N. "G" STREET, 1487 W. KINGMAN, 781 E. SANTA FE, 1063 W. SPRUCE S'rREET.) (38) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. Resolution No. 86-337 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Hernandez. RES. 86-338 RESOLUTION OF THE Crry OF SAN BERNARDINO CLAIMING SB-325 LOCAL STREETS Al'<D ROADS FUNDS FOR THE Crry OF SAN BERNARDINO FOR FISCAL YEAR 1986-87. (39) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. Resolution No. 86-338 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Hernandez. RES. 86-339 - RESOLU'l'ION OF THE CI'fY OF SAN BERNARDINO APPROVING THE EXECUTION OF AN INSTALLMENT PURCHASE AGREEMENT WITH XEROX CORPORATION WHEREBY THE CITY OF SAN BERNARDINO WILL PURCHASE SIX XEROX COpy MACHINES. (40) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. Resolution No. 86-339 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Hernandez. 28 8/19/86 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 EN'rITLED IN PART "A RESOLUTION... ESTABLISHING A BASIC COMPENSA'rION PLAN. . . " ; AND ADDING THE POSITION OF CONSERVATION CREW SUPERVISOR (R:2096) $1~80 - $1926/MO. (42) Council Member Marks made a motion, seconded Member Reilly and unanimously carried, that said be referred to the Personnel Committee. by Council resolution RES. 86-340 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTI'rLED IN PART "A RESOLUTION... ESTABLISHING A BASIC COMPENSATION PLAN . . . "; AND ADDING THE POSITION OF INTERNAL AUDITOR/BUDGET OFFICER (R:3132) $2493 3036/MO. (43 ) council Member Marks made a motion, seconded Member Quiel and unanimously carried, that said be adopted. by Council resolution Resolution No. 86-340 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Hernandez. RES. 86-341 - A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THA'r THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF LAND- SCAPING IN THE AREA OF PIL~E AND BELMON'l' AVENUES, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 976, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NO'r APPLY. (44) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. Resolution No. 86-341 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Hernandez. RES. 86-342 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECU'rION OF PROGRAM SUPPLEMENT NO. 41 OF LOCAL AGENCY FEDERAL-AID SAFE'fY IMPROVEt1EN'r PROJEC'rS, BETWEEN SAID CITY AND THE STATE OF CALI- FORtnA, ACrING BY AL"D THROUGH ITS DEPART- MENT OF TRANSPORTATION. (45) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. Resolution No. 86-342 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Hernandez. 29 8/18/86 RES. 86-343 - RESOLUTION OF THE CITY OF SAN BERNARDINO AU'l'HORIZING THE EXECU'rION OF A SUPPLEMENTAL AGREEMENT WITH THE A'rCHISON, TOPEKA & SAN'l'A FE RAILWAY COM- PANY RELATIVE TO THE WIDENING AND IMPROVE- MENT OF GRADE CROSSING NO. 2-83.9 ON PEPPER AVENUE. (46) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 86-343 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Hernandez. RES. 86-344 - RESOLU'l'ION OF THE Crry OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED IN PART "A RESOLUTION... PROHIBITING PARKING UPON CERTAIN DESIG- NATED S'rREETS OR PORTIONS THEREOF..." TO ESTABLISH A NO PARKING ZONE BETWEEN 6: 00 P.M. AND MIDNIGHT ON PORTIONS OF CENTRAL AVENUE, SIERRA WAY, HILLCREST STREET, BENEDICT STREET AND ARROWHEAD AVENUE. (47) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 86-344 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, StriCkler. Noes: None. Absent: Council Members Estrada, Hernandez. RES. 86-345 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTI'rLED IN PART "A RESOLU'l'ION... PROHIBITING PARKING UPON CERTAIN DESIG- NA'rED STREE'rS OR POR'rIONS THEREOF..." TO ESTABLISH A NO PARKING ANY TIME ZONE ON THE NORTH SIDE OF PACIFIC STREET BETWEEN THE CENTERLINE OF CENTRAL AVENUE AND A POINT 240 FEET EAST. (48) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 86-34S was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Hernandez. RES. 86-346 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 5997 EN'rITLEj) IN PART "A RESOLUTION... DESIGNATING CERTAIN STREET INTERSECTIONS AND LOCATIONS WHEREIN TRAFlnC LEFT LANES MUST TURN LEFT" AND AUTHORIZING THE IN- S'rALLA'rION OF A LEFT-TURN LANE ON SIERRA WAY AT THIRD STREET AND FIFTH STREET. (49) Council Member Council Member Reilly resolution be adopted. Marks and made a motion, seconded unanimously carried, that by said 30 8/ 19/86 Resolution No. 86-346 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Hernandez. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. RES. 86-347 - RESOLUTION OF THE CITY oe SAN BERNARDINO AMENDING RESOLUTION NO. 398:> EN'rITLED "A RESOLU'l'ION... PROHIBI'rING PARKING UPON CERTAIN DESIGNATED STREETS OR POR'fIONS THEREOe...", AND ESTABLISHING A NO PARKING ZONE ON PORTIONS OF SIERRA WAY. (50) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 86-347 was vote: Ayes: Council Members Strickler. Noes: None. Absent: Hernandez, Quiel. adopted by the following Reilly, Marks, Frazier, Council Members Estrada, RES. 86-348 - RESOLUTION OF THE CI'rY oe SAN BERNARDINO AWARDING A BID TO KEYSTONE- WILCOCK BATTERY FOR THE FURNISHING AND DELIVERY OF AUTOMOTIVE BATTERIES OF VARI- OUS SIZES TO BE UTILIZED BY THE CENTRAL GARAGE DEPARTMENT ON AN AS NEEDED BASIS eOR A ONE-YEAR PERIOD IN ACCORDANCE WITH BID SPECIFICATION NO. F-86-24; AND RE- JECTING THE LOW BID OF MK BA'rTERY AS No'r MEETING SPECIFICATIONS. (51) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 86-348 was vote: Ayes: Council Members Strickler. Noes: None. Absent: Hernandez, Quiel. adopted by the following Reilly, Marks, Frazier, Council Members Estrada, COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of the ordinances on the agenda. Council Member StriCkler made a motion, Council Member Quiel and unanimously carried, reading of the ordinances be waived. seconded by that further ORD. MC-539 - ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-14, GENER- ALLY LOCATED ON THE NORTH SIDE OF CITRUS STREE'f EX'fENDING NORTHERLY TO PIEDMONT DRIVE BEING LOCATED APPROXIMATELY 620 FEE'r EAST oe THE CENTERLINE OF VICTORIA AVENUE), AND ADOPTING THE NEGATIVE DECLAR- A'rION FOR ENVIRONMEN'fAL REVIEW. FINAL (52 ) 31 8/19/86 Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that said ordi- nance be adopted. Ordinance MC-539 was Ayes: Council Members Strickler. Noes: None. Hernandez. adopted Reilly, Absent: by the Marks, Council following vote: Quiel, Frazier, Members Estrada, ORD. MC-540 - ORDINANCE OF 'rm: CI'rY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECrION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-7, HAVING FROl'l'rAGE OF APPROXIMATELY 50 FEE'r ON THE EAST SIDE OF ARROWHEAD AVENUE AND APPROXI- MATELY 77 FEET NORTH OF THE CENTERLINE OF 21ST STREET), AND ADOPTING THE NEGATIVE DECLAill~TION FOR ENVIRONMENTAL REVIEW. FINAL (53) Council Member Marks made a motion, seconded Member Strickler and unanimously carried, that nance be adopted. by Council said ordi- Ordinance MC-S40 was Ayes: Council Members Strickler. Noes: None. Hernandez. adopted Reilly, Absent: by the Marks, Council following vote: Quiel, Frazier, Members Estrada, ORD. MC-S41 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.16.150 OF THE SAN BERNARDINO MUNICIPAL CODE TO AUTHORIZE PERSONNEL TO IMMOBILIZE VEHI- CLES. FINAL (54) Council Member Marks made a motion, seconded by Council Member StriCkler and unanimously carried, that said ordi- nance be adopted. Ordinance MC-541 was Ayes: Council Members Strickler. Noes: None. Hernandez. adopted Reilly, Absent: by the Marks, Council following vote: Quiel, Frazier, Members Estrada, GENERAL REPORTS AND CORRESPONDENCE Council Member Marks made a motion, Member Frazier and unanimously carried, items be filed: seconded by Council that the following (56) a. Civil Service Eligibility Lists for: General Building Inspector Real Property Specialist Lifeguard Custodial Aide Senior Stenographic Clerk Supervising Lifeguard Senior Lifeguard Intermediate Stenographic Clerk b. Notice of Filing Application before the Public Utilities Commission of the State of California in the matter of the application of the Southern California Edison Company (U 338-E) for authority to reduce its conservation load management adjust- ment billing factor, and to make certain changes to its conservation load management adjustment clause tariff - Application No. 86-07-041. 32 8/19/86 c. Application 85-05-144 and Application 86-02-034 before the Public utilities Commission of the State of California - Order instituting investi- gation into tile appropriate cost recovery treatment for costs of power produced at Palo Verde Nuclear Generating Station for sale to customers of the Southern California Edison Company. e. Three alcoholic beverage applications for the fol- lowing transferred licenses: TRANSFERRED Do III Lee, dba Best Meat & Produce Market 818 N. Mt. Vernon Avenue Off Sale Beer & Wine Richard S. Harris & Robert K. Binon, dba Legends 17SS E. Highland Avenue On Sale General Chong S. Kim & S. Myong, dba Budget King Meats 1150 W. Baseline Street Off Sale Beer & Wine APPLICATION OF GENERAL TELEPHONE COMPANY FOR INCREASE IN CERTAIN INTRASTATE RATES AND CHARGES Discussion was held concerning Agenda Item 56 (d) of General Reports and Correspondence, regarding an application of General Telephone Company of California, a corporation, for authority to increase certain intrastate rates and charges for telephone services, Application 83-07-02 before the Public Utilities Commission of the State of California. (56 d) Discussion was held concerning the manner in which rates and charges are increased. City Clerk Clark clarified the agenda item, stating that it was written on the agenda as a rate increase in error and that it was actually a court decision on an in- crease granted by the Public Utilities Commission in 1983. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that said item be filed. COUNCIL MEMBER FRA~IER EXCUSED Council Member Frazier left the Council Meeting. WAYS AND MEANS COMMITTEE - AUGUST 11, 1986 AND AUGUST 13, 1986 Council Member Marks, Chairman of the Ways and Means Committee, presented the minutes of the Ways and Means Com- mi ttee Meetings held August 11, 1986, and August 13, 1986. The following items were discussed at the meeting of August 11, 1986: (21) 1. Parks, Recreation & Community Services Budget The Committee recommended full funding restoration for Casa Ramona for a two-month period on a month-to-month basis, at the 85/86 level, while the City studies methods to fully fund this and other programs. (Councilwoman Estrada - absent) The Committee recommended immedi- ate funding of $1,000 for youth trips and 33 8/19/86 $11;000 for part-time personal services at recreation sites. The City Administrator was directed to come up with a method of funding, reallocating total city resources to restore $90,469 of the $126,898 which was cut. This restoration, including Casa Ramona funds totals $102,441. 2. San Bernardino Stars Softball Funding The Committee recommended denial of funding to the San Bernardino Stars. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the request of the San Bernardino Stars for funding be respectfully denied due to lack of appropriate funding. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meeting and took his place at the Council Table. The following items were discussed at the Ways and Means Committee Meeting held August 13, 1986: 1. Xerox Contract Proposal - tee recommended approval and City Attorney representative the necessary paperwork. The Commit- asked the to prepare 2. Funding for Proposed Street projects - The Committee recommended approval of 40th Street Land Acquisition ($22S,000) with RDA seeking funding on a reimbursement basis; Pepper Avenue grade crossing ($31,000 City share) and widen Highland, east of Boulder ($"10,000 City share) through FAU leveraging (specified projects to be funded out of FY 86-87 general fund street improvement funds. Money needed for replaced projects in the General Fund to be replaced by FAU funds). Rialto Avenue Meridian to 2,00U feet east ($123,300) was continued for further study pertaining to the availability and advisability of using CDBG funds. 3. RDA/Community Development Separation - Item continued. The Committee requested a 1 2 page brief on the income stream issue, how it relates to the separation and what is recommended, keeping in mind that adequate housing must be provided for the community. 4. Insurance Pool Briefing - The Commit- tee recommended that the City not proceed with the Driver Company Pool. The Com- mittee requested a written brief to the full Council summarizing our status. RiSk Management is to continue exploring alter- natives. See attached report. 5. Mechanism for Tax Collection Verifi- cation/Audit - Item continued. The City Administrator and Finance Director will provide a study in 45 days. 34 8/ 19/86 6. utility Tax - The Co~nittee requested a report from the City Administrator and the Finance Director regarding illegal fee imposition (due months ago) by utility companies. Legislation is to be clarified regarding what can and can't be charged. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the Rede- velopment Agency and the City Administrator be authorized and directed to make arrangements for the immediate funding of the 40th Street Land Acquisition project in the amount of $225,000. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the City Admini- strator be authorized and directed to provide $31,000 for the Pepper Avenue grade crossing and $70,000 for the High- land Avenue Project, east of Boulder Avenue, through monies transferred from the Public Services Resurfacing Account, and for the funding of a like amount of monies for projects displaced by the leverage, through FAU monies. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the Mayor and Common Council go on record respectfully deClining the re- quest of the Driver Company to join in the joint powers authority pool for insurance. Council Member Marks, Chairman of the Ways and Means Committee, explained that during discussion regarding Casa Ramona, Item 1 on the August 11, 1986, Ways and Means Com- mi ttee Meeting Agenda, Council Member Estrada excused her- self from the meeting. Ken Henderson, Manager of the Community Services Division of the Redevelopment Agency, explained the process of Community Development Block Grant funding and the trans- fer of funds. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that budget authori- zation be made to the Parks, Recreation and Community Ser- vices Department to continue the Youth Travel Services in the budget, with a commitment of up to $1,000; that authori- zation be given for a budgetary commitment of up to $11,000 to continue to employ part-time staff at the various recrea- tional sites in the City through the end of the summer; and, that this $12,000 is to come from 1985/36 CDBG funds, which will be transferred into the Street Repairs Account and then transferred to the Parks, Recreation and Community Services Account. Ci ty Administrator Schweitzer answered questions re- garding direction given to the Parks, Recreation and Com- muni ty Services Department to reallocate monies in their budget. Annie Ramos, Director of Parks, Recreation and Commun- ity Services, answered questions regarding the reassessment of priorities based on bottom line budget figures. Discussion was held concerning the impact to the His- panic community resulting from the lack of funding for ser- vices from Casa Ramona. Annie Ramos, Director of Parks, Recreation and Commun- ity Services answered questions regarding the monthly costs of operating Casa Ramona, and explained why cuts were made to the funding of Casa Ramona. 3S 8/19/86 ci ty Administrator Schweitzer answered questions. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that $11,200 be appropriated from 1985/86 CDBG funds, transferred into the Street Repairs Account and then transferred into the Parks, Recreation and Community Services Account for two months of funding for Casa Ramona. council Member Quiel made a motion, seconded by Council Member StriCkler and unanimously carried, that funding be reinstated for the social service programs at the 1985/86 level on a month-to-month basis for a period of three months until further direction from the Council; this funding is to include: The Boys' Club, Family Service Agency, Merri Mixers, Frazee Center, Rolling Start and the four programs of Casa Ramona, with funds to come from the 1985/86 CDBG Contingency Account. Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the minutes of the Ways and Means Committee Meetings held August 11, 1986, and August 13, 1986, be received and filed. TRANSPORTATION COMt'1IT'rEE MEETING MINUTES - AUGUST 13, 1986 Council Member Marks, Chairman of the Transportation Committee, presented the minutes of the meeting of the Transportation Corruni t tee held August 13, 1986. The follow- ing item was discussed: (22) 1. Downtown Parking Structure/Transit Terminal Item continued. The staff briefed on the alternatives (See attach- ment) arr i ved at between Omni trans, SAN- BAG, RDA and the City. The City Admini- strator was directed to provide a report by September 3, with very specific and detailed financial alternatives (including bonding and debt service requirements) for all three plans provided. The City Attorney's Office is to provide a legal opinion on the legality of enlarging the Downtown Parking District and on what basis the City can enlarge, as well as the legality of raising the taxes of busines- ses in the original parking district for parking enhancement purposes. Ci ty Administrator Schweitzer answered questions re- garding the status of the requested report regarding finan- cial alternatives. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the Transportation Corrunittee Meeting held August 13, 1986, be received and filed. DIRECTOR OF EMERGENCY SERVICES/RISK MANAGEMENT - ACTING HIGHER CLASSIFICATION - BRUCE GADBOIS - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for considera- tion of the appointment of Bruce Gadbois, acting at a higher classification, as Director of Emergency Services/Risk Man- agement. (See Page 40) (S) Council Member Quiel made a motion, seconded by Council Member Strickler, that the higher acting classification appointment of Bruce Gadbois as Director of Emergency Ser- viceS/RiSk Management, be approved. 36 8/19/86 Council Member Marks made a substitute motion, seconded by Council Member Reilly and unanimously carried, that Bruce Gadbois be requested to attend a brief Closed Session with the Common Council to discuss the appointment with him. PUBLIC HEARING - CONTRACT PLAN CHECKING - CI'rY EMPLOYED CONSULTAWrS - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for a public hearing to consider the modification of Resolution No. 83- 201 to include provisions for contract plan checking pro- vided by City employed consultants. (See PagelO) (17) Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that the pub- lic hearing regarding contract plan checking provided by City employed consultants be continued to September 8, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECRUITMENT OF CI'rY ADMINISTRATOR In a memorandum dated August 6, 1986, Council Member Marks requested time on the Council Agenda for discussion of recruitment for the City Administrator position. (23) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that discussion of recruitment for the City Administrator position be continued to September 8, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PROPOSITION 51 PRESENTATION - BRUCE D. MAC LACHLAN - ATTORNEY AT LAW Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the presenta- tion regarding Proposition 51 by Attorney at Law Bruce D. MacLachlan, be continued to September 8, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (S-2) PUBLIC HEARING - S & S MEAT PRODUCTS This is the time and place set for a concerning the operating procedure of S & S 1389 W. Mill Street, San Bernardino. public hearing Meat Products, (63) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the public hearing concerning the operating procedure of S & S Meat Products be continued to September 8, 1986, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. COuNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. ORDINANCE OF THE CI'rY OF SAN BERNARDINO AMENDING SECTION 18.40.160 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR TWO MEANS OF INGRESS AND EGRESS. (First) (S-l) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the ordinance concerning amending Section 18.40.160 of the Municipal Code be referred back to the City Attorney for review and modi- fication according to the motion made at the meeting of August 4, 1986, and be continued to the meeting of Septem- ber 8, 1986, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California, for consideration. 37 8/19/86 DELMANN HEIGH'fS HATER COMMI'fTEE Council Member Reilly made a Council Member Quiel and unanimously Member Frazier replace Council Member Heights Water Committee. motion, seconded by carried, that Council Reilly on the Delmann COUNCIL MEMBER FRAZIER RETURNED Council Mero1ber Frazier returned to the Council Meeting and took his place at the Council Table. LIABILITY CLAIM SE'rTLEME1\f'1' - AVILEZ VS. RODRIGUEZ AND CITY OF SAN BERNARDINO In a memorandum dated August 15, 1986, City Admini- strator Schweitzer stated that the Award of Arbitration has been received concerning a Summons and Complaint on the Ci ty in 1985 for the bodily injury portion of Claim #84A- 09b, concerning the case of Avilez vs. Rodriguez and City of San Bernardino. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the City Attor- ney be authorized to accept the Award of Arbitration in the bodily injury portion of Avilez vs. Rodriguez and City of San Bernardino, Claim #84A-096, in the amount of $14,183.75. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. ABANDONED VEHICLES In a letter dated August 13, 1986, Chief of Police Don Burnett recounted the position of towing agencies that serve the City and can no longer tow abandoned, stripped or in- operative vehicles, and the position of the Police Depart- ment concerning abandoned vehicles. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the matter of abandoned vehicles be referred to the Legislative Review COllunittee. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING 'rHEIR INTENTION TO JOIN WI'fH EAST VALLEY WATER DISTRICT IN THE ACQUISITION OF THE SOUTHERN CALIFORNIA WATER COMPANY, HIGHLAND AND DELMANN WATER SYSTEMS, AND TO EQUITABLY SHARE Ii\f THE FINANCING AND RETIREMEWf OF THE DEBT OBLIGATIONS THEREOF. Council Member Marks requested that the following be spread across the minutes of the Council meeting: " City Attorney Prince was directed to prepare a resolution for the Council's consideration for working with the East Valley Wdter District on the acquisition of the Southern California Water District to benefit the constituents of the City of San Bernardino. It was the Council's intent to consider the resolution at this meeting, to pass the resolution, and to confirm the intent to proceed with it, as indicated to their representative last night. Mr. Prince has presented this resolution. I am prepared to vote on it. Some of my col- leagues are not. I want the record to reflect that it was presented." Council Member Quiel requested that the following be spread across the minutes: "What has been presented to me from the City Attorney's Office is not an acceptable docu- ment that I can vote on. This is the only reason that I am still of the persuasion that we have an agreement with East Valley. I will continue to have that support for East Val- ley, but I cannot vote on this as presented." 38 8/ 19/86 council Member Strickler stated that he wished the minutes to reflect that he was in agreement with the state- ment made by Council Member Quiel. City Attorney Prince stated that the document presented was only a draft, and that the final document is being pre- pared in his office at the present time. RECESS MEETING - CLOSED SESSION At 12 :45 p.m., Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously car- ried, that the meeting recess to a Closed Session under the authority of Government Code Section 54957 to discuss a personnel matter. CLOSED SESSION At 12 :45 p.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Cham- bers, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Ule City Clerk with the follow- ing being present: Mayor Wilcox; Council Members Reilly, Marks, Quiel, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Hernandez, Frazier. Also present were Executive Assistant to the Council Arvizo, and Bruce Gadbois of Emergency Services/Risk Manage- ment. BRUCE GADBOIS OF EMERGENCY SERVICES/RISK MANAGEMENT EXCUSED At 1:00 p.m., Bruce Gadbois of Emergency Services/RiSk Management, left the Closed Session. HERB WESSEL, MANAGER, WATER DEPARTMENT ARRIVED Herb Wessel, Manager, Water Department, arrived at the Closed Session. ADJOURN CLOSED SESSION At 1:30 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 1:30 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fOllow- ing being present: Mayor Wilcox; Council Members Reilly, Marks, Quiel, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Hernandez, Frazier. RES. 86-349 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO DECLARING THEIR INTENTION TO JOIN WITH EAST VALLEY WATER DISTRICT IN THE ACQUISI- TION OF THE SOUTHERN CALIFORNIA WATER COMPANY, HIGHLAND AND DELMANN WATER SYS- TEMS, AND TO EQUITABLY SHARE IN THE FI- NANCING AND RETIREMENT OF THE DEBT OBLIGA- TIONS THEREOF. The City Clerk read the title of the resolution. 39 8/ 19/86 ,.- Council Member Marks made a motion; seconded by Council Member Strickler and unanimously carried; that further reading of the resolution be waived and said resolution be adopted with deletions as directed by the Council in the Closed Session. Resolution No. 86-349 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Strick- ler. Noes: None. Absent: Council Members Estrada, Hernandez, Frazier. APPOIN'rMEN'r - BRUCE GADBOIS - ACTING DIREC'rOR - EMERGENCY SERVICES/RISK MANAGEMENT - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for consider- ation of the appointment of Bruce Gadbois as Acting Direc- tor, Emergency Services/Risk Management. (See page36) (S) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the appoint- ment of Bruce Gadbois as Acting Director of Emergency Ser~' vices/RiSk Management, be approved. , ", . ADJOURNMENT . .... At 1:32 p.m., Council Member Quiel made a motion, seconded by Council Member :Strickler and unanimously car- ried, that the meeting adjtlurn to 9: 00 a.m., September 8, 1986, in the Counci'l Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali~ornia. E-ltfc2u/?;!r:;G ., City ') Ua/lJU Clerk 40 8/ 19/86