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HomeMy WebLinkAbout07-26-1983 Minutes City of San Bernardino, California July 26, 1983 This is the time and place heretofore set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held Monday, July 18, 1983, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the Order of Adjourn- ment of said meeting held Monday, July 18, 1983, at 9:00 a.m., and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said Order which was posted on Tuesday, July 19, 1983 at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 9:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Olen J. Jones, City Chaplain. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Reilly. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Member Marks. RECESS MEETING - CLOSED SESSION At 9:32 a.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed for a Closed Session for discussion on personnel matters. CLOSED SESSION The Closed Session of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fOllowing be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. Also present was Warren Knudson, Director of Finance. COUNCIL MEMBERS CASTANEDA AND HERNANDEZ EXCUSED At 10:15 a.m., Council Members Castaneda and Hernandez were excused from the Closed Session. ADJOURN CLOSED SESSION At 10:30 a.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Adjourned Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 10:30 a.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Ber- nardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fOllowing be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. APPOINTMENT - SAUL - ACTING DIRECTOR - COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY Council Member Quiel made a motion, seconded by Council Mem- ber Reilly, that Glenda Saul be appointed as Acting Executive Director of the Community Development Commission/Redevelopment Agency at the "E" Step, effective August 1, 1983. The motion carried by the following vote: Ayes: Council Members Castaneda, Reil1y, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. APPOINTMENT - DeFRATIS - ACTING PERSONNEL DIRECTOR Council Member Quiel made a motion, seconded by Council Mem- ber Marks and unanimously carried, that Roger DeFratis be appointed as Acting Personnel Director at the "B" Step. COUNCIL MEMBERS CASTANEDA AND FRAZIER EXCUSED Council Members Castaneda and Frazier were excused from the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.140 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE THAT ANY DOG REPEATEDLY FOUND RUN- NING AT LARGE AND IMPOUNDED SHALL BE DESTROYED AFTER NOTICE AND HEARING. (Continued from July 18, 1983) (2) ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SEC- TION 6.24.145 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR REVOCATION OR SUSPENSION OF THE PRIVILEGE OF POSSESSING A DOG IN THE CITY, AND TO PROVIDE PENALTY FOR VIOLATION OF REVOCATION OR SUS- PENSION ORDER. (Continued from July 18, 1983) A report dated July 20, 1983 was presented from the Animal Advisory Commission on the proposed ordinances. It was suggested at the Animal Advisory Commission meeting that apprehension fees be modified and instead of writing a special ordinance to take care of a particular and rare problem, existing laws should be followed. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that this matter be referred back to the Animal Advisory Commission to look at the urgency of dog control. COUNCIL MEMBER CASTANEDA RETURNED Council Member Castaneda returned to the Council Meeting and took his place at the Council Table. QUITCLAIM DEED - NINTH STREET AND WATERMAN AVENUE - KROGER COMPANY In a memorandum dated July 25, 1983, Roger Hardgrave, Direc- tor of Public Works/City Engineer, requested authorization to execute a quitclaim deed from the City to Kroger Company, grant- ing what interest the City may have in and to the westerly ten feet within the Kroger property located at the southwest corner of Ninth Street and Waterman Avenue. (3) Council Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried, to authorize the Real Prop- erty Section to prepare a quitclaim deed granting to the Kroger Co., an Ohio Corporation, all right and title in and to that cer- tain property located at the southwest corner of Ninth Street and Waterman Avenue and authorizing the execution thereof. - 2 - 7/26/83 COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meeting and took his place at the Council Table. RES. 83-243 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE BOARD OF TRUSTEES OF THE FREE PUBLIC LIBRARY TO APPLY FOR LIBRARY SERVICES AND CONSTRUCTION ACT FUNDS FOR THE CONSTRUCTION OF A DOWNTOWN LIBRARY IN PIONEER PARK. The City Clerk read the title of the resolution. Ina memorandum dated July 26, 1983, Glenda Saul, Deputy Director of the Redevelopment Agency, presented a proposed plan that could be used for a combined bond issue for the Central Fire 8tation refunding and the Central Library funding. Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-243 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-244 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GREGORY VILLANUEVA AlA & ASSOCIATES, INC. TO PROVIDE ARCHITECTURAL SERVICES FOR THE NEW CENTRAL LIBRARY. The City Clerk read the title of the resolution. Council Member Castaneda made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-244 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. COUNCIL MEMBERS CASTANEDA AND MARKS EXCUSED Council Members Castaneda and Marks were excused from the Council Meeting. RECESS MEETING At 11:11 a.m., Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that the meeting recess until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:02 p.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. APPOINTMENT - KUNTZ - ANIMAL ADVISORY COMMISSION Pursuant to the recommendation of Council Member Hernandez, Mayor Holcomb appointed Jacqueline L. Kuntz of 766 Terrace Road, to serve as a member on the Animal Advisory Commission. COUNCIL MEMBERS CASTANEDA AND MARKS EXCUSED Council Members Castaneda and Marks were excused from the Council Meeting. - 3 - 7/26/83 Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the appointment be confirmed. COUNCIL MEMBERS CASTANEDA AND MARKS RETURNED Council Members Castaneda and Marks returned to the Council Meeting and took their place at the Council Table. BUDGET STATUS REPORT In a memorandum dated July 26, 1983, Jack Matzer, City Ad- ministrator, and Warren Knudson, Finance Director, reported that the State's budget situation has prolonged the uncertainty of the City's preliminary 1983/84 budget. It was stated in the memoran- dum that based upon available information from Sacramento, the City could lose $1,600,000 in State subventions. If this occurs, the $1,400,000 fund balance will be needed to offset the loss along with other budget reductions or revenue increases. The only major source of funds for the new library, reserves, and other unmet needs is the utility tax. It was estimated in the memoran- dum that a two percent increase in the utility tax would produce $2,000,000 and recommended that further budget decisions be post- poned until the State makes a final decision on subventions. (5) The Council discussed the report. Mayor Holcomb urged the Council to raise the utility tax from six percent to eight percent. After discussion, Council Member Castaneda made a motion, seconded by Council Member Reilly, to instruct the City Attorney to prepare the necessary resolution to increase utility tax from six percent to eight percent with an increase in exemptions up to $12,000 per family and $9,000 for single persons and if in fact a utility rate increase results in a windfall in revenue to the City, that the Council will re-examine the utility tax rate. Tre motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. COUNCIL MEMBER CASTANEDA EXCUSED Council Member Castaneda was excused from the Council Meeting. INCREASE IN OCCUPANCY TAX - HOTEL OWNERS/OPERATORS - CONTINUED FROM JULY 18, 1983 This is the time and place continued to for discussion on the proposal to increase transient occupancy tax. (1) Mr. Don Morganstern, CPA for the Hilton Hotel, presented information regarding the adverse impact to hotel operators created by an increase in bed tax. After discussion, Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the transient occupancy tax be reduced from ten percent to eight per- cent effective August 1, 1983 and that the City Attorney be in- structed to prepare the necessary ordinance. ADMISSIONS TAX- PROPOSED ORDINANCE It was suggested that the proposed admissions tax, which has been set at ten percent, be reduced to five percent. Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that this matter be tabled. USS SAN BERNARDINO Mayor Holcomb stated that the USS San Bernardino will be in dock in San Diego and requested that a Council Member represent the City on August 18, 1983 during a ceremony. - 4 - 7/26/83 Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that Council Member Hernandez be authorized to represent the City of San Bernardino in San Diego for the USS San Bernardino. ORGANIZATION FUNDING - TOWARDS UTILITY RATE NORMALIZATION (TURN) Mayor Holcomb spoke regarding TURN which lobbies the Public Utility Commission for the purpose of keeping utility rates down and urged the Council to make a fair share contribution of $12(900 to TURN. (4) Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried that TURN be supported in the amount of $12,900. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier was excused from the Council Meeting. PROCLAMATION - LITTLE LEAGUE BASEBALL, INC. A proclamation of the Mayor of the City of San Bernardino was read proclaiming that serious consideration be given to the application submitted by The Little League Baseball, Inc., Western Regional Tournament that the 1984 Little League Baseball World Series be held at the Little League Inc., Western Regional Head- quarters located in San Bernardino. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the proclamation be adopted. MAYOR HOLCOMB EXCUSED At 3:37 p.m., Mayor Holcomb was excused from the Council Meeting and asked Council Member Reilly to serve as Mayor Pro Tempore. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meeting and took his place at the Council Table. ADMISSIONS TAX - PROPOSED ORDINANCE The Council discussed the admissions tax. Council Member Reilly stated that it is currently being re- viewed by the Ways and Means Committee and recommended that any discussion on admissions tax be continued until the Committee sub- mits a recommendation. Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that this matter be tabled. ADJOURN MEETING At 3:40 p.m., Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the meeting be adjourned. City Clerk Approved the 15th of August, 1983. Mayor of the City of San Bernardino - 5 - 7/26/83