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HomeMy WebLinkAbout11-18-2013 Jt. Reg Mtg Minutes ' r City of San Bernardino Mayor Patrick J Morris 300 North "D" Street Council Members o San Bernardino CA 92418 Virginia Marquez Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett Vacant Rikke Van Johnson James Mulvihill MINUTES JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY, NOVEMBER 18,2013 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Patrick J. Morris at 2:13 p.m., Monday, November 18, 2013, in the Council Chamber, 300 North "D" Street, San Bernardino, California. Roll Call Attendee Name Title Status Arrived Vinia Marquez Council Member, Ward 1 Present 2:00 p.m. Robert D. Jenkins Council Member Ward 2 Absent ----- John Valdivia Council Member, Ward 3 Present 4:00 p.m. Fred Shorett Council Member, Ward 4 Present-2:00 p.m. _ Council Member, Ward 5 Vacant ----- Rikke Van Johnson Council Member Ward 6 Present 1 2:00 p.m.� James Mulvihill Council Member, Ward 7 Present 2:00 p.m. _ Patrick J. Morris Mayor Present 2:00 p.m. Attorney Present 2:00 p.m. Georgeann " igi" Hanna City Clerk Present 2:00 p.m. Allen J. Parker City Manager Present 2:00 p.m. i Mayor and Common Council of the City of San Bernardino Pagel Printed 11/19/2013 ` Joint Regular Meeting Minutes November 18, 2013 1. Closed Session — Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation-pursuant to Government Code Section 54956.9(a): In re: City of San Bernardino, U.S. Bankruptcy Court, Case No. 6:12-bk-28006 mi. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c) of Government Code Section 54956.9. D. Closed Session-personnel -pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Senior Assistant City Attorney Grider announced that the following additional items would be discussed in closed session: Under Agenda Item No. IA, Existing Litigation: Fox Case; Under Agenda Item No. 1D,Personnel: two cases. Closed Session Announcement City Clerk Hanna announced that during closed session a motion was made by Council Member Shorett, seconded by Council Member Marquez, to approve the Retirees Committee reimbursement agreement in the amount of$337,000. The motion carried by the following vote: Ayes: Marquez, Shorett, Johnson, Mulvihill. Nays: None. Absent: Jenkins, Valdivia. Vacant: Ward Five. Reading of Resolutions and Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the agenda. Invocation/Pledge of Allegiance C, The invocation was given by Reverend David McLocklin of St. Paul's United Methodist Church. The Pledge of Allegiance was led by Council Member Marquez. Mayor and Common Council of the City of San Bernardino Page 2 Printed 1111912013 Joint Regular Meeting Minutes November 18, 2013 2. Appointments There were no commission appointments. 3. Presentations 3A. Inaugural Ceremony -- Swearing-in of Council Member James Mulvihill and City Attorney Gary D. Saenz 3B. San Bernardino Valley Enterprise Zone — Wendy Clements, Inland Valley Development Agency 3C. Student of the Month -- Stephanie Mora — Middle College High School -- Council Member Valdivia 3D. Citizens of the Month -- Pastors Owusu and Johari Hodari -- Council Member Johnson 3E. Resolution of Commendation —Police Chief Robert Handy—Mayor Morris 4. Announcements -- Elected Officials and Chamber of Commerce 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the agenda dated November 18, 2013. RESULT: ADOPTED [UNANIMOUS] 02:54:001 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Robert D. Jenkins VACANT: Ward 5 5B. City Clerk Review RES. 2013-314 - Resolution of the Mayor and Common Council of the City of San Bernardino Reciting the Facts of the Primary Municipal Election Held on the 5th Day of November 2013, Declaring the Results Thereof, Calling the Run-off Election for Mayor and Ward 4 Council for February 4, 2013 and Setting Forth Such Other Matters as Are Allowed by Law. Timestamp indicates motion and second,according to the video of the meeting posted on the City web site Mayor and Common Council of the City of San Bernardino Page 3 Printed 1111912013 Joint Regular Meeting Minutes November 18, 2013 Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:54:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Robert D. Jenkins VACANT: Ward 5 5C. City Manager RES. 2013-315 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Vendor Services Agreement with Municipal Housing Solutions for Technical Assistance and Program Administration Related to the Management of the City's Home Investment Partnership Program(HOME) and Neighborhood Stabilization(NSP) Programs. Motion: Adopt the Resolution. .... ..... _ ... ......... .... ..... _ .......... .... ................._ ....... 1 RESULT: ADOPTED [UNANIMOUS] 02:54:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Robert D. Jenkins VACANT: Ward 5 5D. Civil Service Personnel Actions—Classified Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. _..... _. ..... . . ......... . .._____... RESULT: ADOPTED [UNANIMOUS] 02:54:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Robert D. Jenkins VACANT: Ward 5 Mayor and Common Council of the City of San Bernardino Page 4 Printed 11/19/2013 Joint Regular Meeting Minutes November 18, 2013 5E. Fire 0 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Standard Contract Between the San Bernardino County Fire Protection District and the City of San Bernardino for Emergency Management Services; and Ratifying the Submittal of the 2013 Emergency Management Performance Grant and Authorizing the County to Apply for and Administer the Grant. (Continued from November 4,2013) Motion: Continue to December 2, 2013. RESULT: CONTINUED [UNANIMOUS] Next: 12/2/2013 2:00 PM MOVER: John Valdivia, Council Member, Ward 3 02:54:00 I SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Robert D. Jenkins VACANT: Ward 5 5F. Fire Ord. MC-1392 - Ordinance of the City of San Bernardino Amending Chapter 15.16 of the San Bernardino Municipal Code and Adopting the 2013 California Fire Code, with Ar Appendices, and Incorporating by Reference the 2012 Edition of the International Fire Code and Necessary California Amendments, Together with California Code of Regulations, Title 24. (Final Reading) Motion: Adopt the Ordinance. RESULT: � ADOPTED [UNANIMOUS] 02:54:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Robert D. Jenkins VACANT: Ward 5 ....... _ ___. .. 5G. Police RES. 2013-316 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of a Purchase Order to Vohne Liche Kennels, Inc. for the Purchase of Police Canines, Training, and Equipment, in an Amount Not to Exceed $66,650 Utilizing the Police Canine Trust Account, Asset Forfeiture Funds and the Police General Fund. 0 Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 11/19/2013 Joint Regular Meeting Minutes November 18, 2013 ..._._ ....__ _ RESULT: ADOPTED [UNANIMOUS] 02:54:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Robert D. Jenkins VACANT: Ward 5 5H. Police RES. 2013-317 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of a Purchase Order to Inland Computer Systems of San Bernardino in the Amount of $67,000 Utilizing Proposition 30/AB 109 and OTS Grant Funds, and the Police General Fund for the Purchase of Computers and Equipment. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:54:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Robert D. Jenkins VACANT Ward 5 51. Police RES. 2013-318 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the City Manager to Issue a Request for Proposal (RFP) for Private DNA Processing and Database Services. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:54:00 MOVER: John Valdivia, Council Member, Ward 3 a SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Robert D. Jenkins VACANT: Ward 5 Mayor and Common Council of the City of San Bernardino Page 6 Printed 11/19/2013 Joint Regular Meeting Minutes November 18, 2013 5J. Police RES. 2013-319 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Increase of Purchase Order Number 2014-00000962 Issued to Adamson Police Products to an Amount Not to Exceed $45,000 Utilizing Police Personnel &Training General Fund Account Number 001-210-0086-5111. Motion: Adopt the Resolution. I RESULT: ADOPTED [UNANIMOUS] 02:56:03 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Robert D. Jenkins VACANT: Ward 5 5K. Public Works RES. 2013-320 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Service Agreement and Issuance of a Contract Purchase Order in the Total Amount Not to Exceed $235,000 to West Coast Arborists, Inc. for Tree Trimming Services. Motion: Adopt the Resolution. __...__ _ _ __�._ ..______ _ _ .____._�..._.._.�.._.. .....�......_._ ___._ .__ _____._ RESULT: ADOPTED [UNANIMOUS] 02:57:53 C MOVER: John Valdivia, Council Member, Ward 3 j SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Robert D. Jenkins VACANT: Ward 5 5L. Public Works RES. 2013-321 - Resolution of the Mayor and Common Council of the City of San Bernardino Directing the Public Works Director to Issue a "Request for Proposals for Concrete Maintenance Services." RFP F-14-18. Motion: Adopt the Resolution. _ ....... RESULT: ADOPTED [UNANIMOUS] 02:54:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Robert D. Jenkins VACANT: Ward 5 Mayor and Common Council of the City of San Bernardino Page 7 Printed 11/19/2013 Joint Regular Meeting Minutes November 18, 2013 5M. Public Works RES. 2013-322 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Public Works Director to Issue a "Request for Proposals for Sewer Manhole Cover Replacement Services."RFP F-14-16. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:54:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Robert D. Jenkins VACANT: Ward 5 E 5N. Public Works RES. 2013-323 - Resolution of the Mayor and Common Council of the City of San Bernardino Directing the Public Works Director to Issue "Request for Proposals for Street Light Repair Services" RFP F-14-15, and Authorizing and Directing the Director of Administrative Services to Amend the FY 2013-14 Budget by Appropriating an Additional $200,000 to Account No. 001-400-0092-5502 "Professional and Contractual Services," Using Previously Unallocated HUTA(Gas Tax)Funds. Motion: Adopt the Resolution. E RESULT: ADOPTED [UNANIMOUS] 02:54:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill 1 ABSENT: Robert D. Jenkins I VACANT: Ward 5 50. Public Works RES. 2013-324 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Purchase Agreement and Increase to Annual Purchase Order 2014-28 by $20,000 for an Amount Not to Exceed $44,900 for FY 13/14 to Allied Refrigeration for the Purchase of Air Conditioner Parts. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 11/19/2013 Joint Regular Meeting Minutes November 18, 2013 ... ................. ................... RESULT: ADOPTED [UNANIMOUS] 02:54:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Robert D. Jenkins VACANT: Ward 5 ...... ....................... .............................. __ .. . .. .._ 5P. Public Works RES. 2013-325 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Cooperative Agreement by and Between the Inland Valley Development Agency(IVDA), City of Redlands, and the City of San Bernardino Regarding the Mountain View Avenue Improvement Project. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:54:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Robert D. Jenkins VACANT: Ward 5 __�..._... __ ..�.. _................_............... ...... ... �._.__ .. ...._...... 6. Public Hearings 6A. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino Adopting General Plan Amendment 13-02 to Amend the Land Use Designation of Approximately 10,600 Square Feet from Residential to Commercial and Approving Conditional Use Permit 13-14 to Establish a Gas Station with a Convenience Store with an ABC Type 20 License (Off-Sale, Beer and Wine), Located at the Southeast Corner of Medical Center Drive and Baseline Street. Ordinance of the City of San Bernardino Approving Zoning Map Amendment 13-03, to Change the Zoning Designation of Parcels 0139-051-10 and 15 from Residential Suburban (RS) to Commercial General (CG-1). Mayor Morris opened the hearing. Tony Stewart, Director of Community Development, explained that this is an application to construct a new gas station as well as additional uses related to that, such as an ATM and also to have a Type 20 ABC License for the off-sale of beer and wine at the location. Mayor and Common Council of the City of San Bernardino Page 9 Printed 11/19/2013 I Joint Regular Meeting Minutes November 18, 2013 0 Also, for the two parcels south of the current commercially zoned properties, the applicant is requesting to rezone those and also change the General Plan land use designation from Residential to Commercial Uses, so the site is larger. He said the applicant was on hand to answer questions and that the City had received a letter of support for the project from ASAP Auto Insurance, which he read into the record. Mr. Stewart noted that this is a very important commercial development for this area of the City and would benefit the neighborhood and surrounding businesses. The Planning Commission voted in favor of the application and recommended it move forward to the Mayor and Common Council; however, with regard to the ABC license portion, the Police Department is not in favor of the project. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to those individuals wishing to speak on the matter that they would provide true and honest testimony. Jian Torkin, owner of the property explained that he would purchase and retire the license originally purchased for the location — which came from outside the City— so that there would be no new licenses issued within the City. Council Member Valdivia expressed concern about the hours when the business would sell beer and wine, between the hours of 6 a.m. and 2 a.m. He said he'd prefer the sales to end at 11 p.m. or midnight for the comfort and quality of life of nearby residents. Mr. Torkin said that was a decision made by the tenant, 7-11. Police Chief Handy said that the hours of 6 a.m. to 2 a.m. are the standard ABC hours of sale of alcohol. He said there are some other restrictions the developer agreed to up front, part of the deemed approved ordinance, including: single package sale, advertising in the windows (a complete list is in the MOU signed with the school district). The deemed approved ordinance helps the City regulate the sale of alcohol and minimize the negative impacts of alcohol. Chief Handy said the Police Department was opposed to the project because of the number of liquor licenses in proximity to Martin Luther King Middle School, but that it is a policy decision for the Mayor and Common Council. Mayor Morris said that competition is sometimes the best resolution to issues such as these, that you take a responsible corporation with the reservations set forth in the planning document and the restrictions on the sale of alcohol and put that in place in close proximity to neighboring off-sale license holders, who may do more damage to the community in terms of their practices and if you can, by competition, drive them out of business, that may be a benefit to the community that surrounds the school. Council Member Valdivia asked what prevented people from going into the store at off- hours and pulling out beer. Mr. Torkin said that one of the restrictions that are placed under the Municipal Code is that beer cannot be displayed in areas where there could be a "beer run"; that is, where people could steal beer and run out of the store. He also said Mayor and Common Council of the City of San Bernardino Page 10 Printed 1111912013 Joint Regular Meeting Minutes November 18, 2013 that they would like to cooperate with the Police Department to have security cameras monitoring the premises and nearby intersection, as they do at the 7-11 on 40"' and Sierra Way. Council Member Marquez said she also was concerned about the proximity of the store to the Middle School, a church and residences. Tony Stewart said letters had been sent to community residents about this and the only response received was from the Neighborhood Cluster Association, opposed to any new liquor license within Ward 6. Council Member Johnson asked Mr. Torkin why he believed that this project would actually reduce crime in the area. Mr. Torkin said it has been his experience as a developer that the biggest contributor to crime in a community is blight, and that new development brings in other business that ultimately reduces blight and high crime. He also said that the City has been trying to get a gas station in that part of town for years and this participant would be willing to add one without any public funding. The fact of the matter is that gas stations don't operate without convenience stores any longer and convenience stores don't operate without beer and wine licenses. No national company does that anymore. He said basically what the council is saying in denying beer and wine sales at a convenience store is that they don't want a gas station in that part of town. Mayor Morris asked if the City were to decide not to permit beer and wine off-sale, would that be the deal-breaker on the project. Mr. Torkin answered"yes". Council Member Johnson said that while the area is underserved as far as gas stations, it is over served as far as alcohol. He said in five decades he had never seen a liquor store close because another opened nearby. He said that the additional liquor sales would not drive people out of business, but adds to the business of selling alcohol. Mr. Torkin said that the 7-11 at 40th and Sierra Way was built in an over concentrated, high-crime area, but there have been no problems with the 7-11 in terms of crime. He also said that there was interest from Bank of America as co-tenants at this location, via a drive-through ATM. Council Member Valdivia asked about the notification process and Mr. Stewart said it was the standard process, which is mailing notices to property owners within a 500-foot radius of the site. That would have been done for both the Planning Commission meeting j and the Council meeting, he said. Council Member Valdivia asked what percentage of 7-11's net sales does beer and wine comprise. Mr. Torkin said about 15 percent, but that sales associated with the sale of beer and wine account for about 25 percent of total sales because people come in to buy a six-pack to watch the game, but also purchase other items, such as snacks. Alftk Council Member Shorett said the operation of the 7-11 at 401h and Sierra Way was strict and that he favored new and upgraded businesses. Mayor and Common Council of the City of San Bernardino Page 11 Printed 1111912013 Joint Regular Meeting Minutes November 18, 2013 Council Member Johnson said that the 7-11 on Mill Street and the one on Hospitality Lane are great additions to the City,but there are no residential areas near them. The following individuals spoke against the proposed project: Elizabeth Flores, San Bernardino, who submitted a petition with 34 signatures against the project Pastor Eddie Jones, San Bernardino Catherine Hall, San Bernardino The following individuals expressed support for the proposed project: Michael Gallo, Vice President, San Bernardino School Board Colin Strange, San Bernardino Motion: Close the hearing; lay over Ordinance for final adoption; and adopt the Resolution to approve General Plan Amendment 13-02 and Conditional Use Permit 13-14 with the ABC Type 20 License (Off-sale Beer & Wine) based on the Findings of Fact contained in the Planning Commission Staff Report dated October 16, 2013 (Attachment 2) and subject to the amended Conditions of Approval (Exhibit B); and that the Mayor and Common Council determine that the public convenience or necessity is served by the proposed ABC license and direct the Community Development Department to send a letter to the California Department of Alcoholic Beverage Control to support issuance of a Type 20 ABC License for this project. j RESULT: FAILED [3 to 21 01:48:34 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 j AYES: Fred Shorett, James Mulvihill NAYS: Virginia Marquez, John Valdivia, Rikke Van Johnson ABSENT: Robert D. Jenkins i VACANT: Ward 5 6B. Community Development Ordinance of the City of San Bernardino Amending Title 19 of the San Bernardino Municipal Code, Land Use/Subdivision Regulations, Also Known as the San Bernardino Development Code, to Ensure Consistency Among the Various Code Chapters and Sections, to Ensure Consistency with the New Zoning and General Plan Land Use Maps, and Amending the Sign Ordinance (Chapter 19.22) to Allow an Additional Free-Standing Sign Under Certain Circumstances. (First Reading) Mayor Morris opened the hearing. twl Tony Stewart, Director of Community Development, explained that this is to clean up inconsistencies throughout the Development Code. Since they created a new General Plan map and zoning map earlier this year, every chapter needed to have certain Mayor and Common Council of the City of San Bernardino Page 12 Printed 11/19/2013 Joint Regular Meeting Minutes November 18, 2013 amendments made to reflect zones versus land use district, and there was a need for a couple of other amendments. This would amend the sign ordinance to allow individual commercial and industrial businesses that have a gross square footage of at least 250,000 square feet to have a second monument sign. The other amendment would be to allow vehicle dealerships to have a second free-standing sign, provided that a minimum frontage of 100 feet is provided. Finally, staff previously recommended that outdoor storage be allowed in commercially zoned properties, but now are recommending that it be limited to cargo containers only, still in screened areas in the rear portions of sites so that they are not visible. These containers would have a height limit of 8 feet. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to those individuals wishing to speak on the matter that they would provide true and honest testimony. Justin Miller, San Bernardino, stated that staff needed to more clearly express what they are trying to say, that he didn't see any explanation of the ordinance or actual demonstration of what it is. Motion: Close the hearing; and lay over Ordinance for final approval, based upon the Findings of Fact in the Staff Report. RESULT: FIRST READING [UNANIMOUS] Next: 12/2/2013 2:00 PM MOVER: John Valdivia, Council Member, Ward 3 01:59:16 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Robert D. Jenkins VACANT: Ward 5 i 7. Staff Reports 7A. Council Office Contracting of Fire Services Motion: Direct the City Manager to conduct an RFQ process to hire a qualified expert on a contract basis to develop for the Council's consideration a needs analysis of the current Fire Department, the types of calls within the City, the Fire response protocol, emergency medical services and potential consolidation to improve effectiveness and reduce costs while maintaining service levels. The City Manager is directed to provide the outside consultant all existing data and resources to perform the analysis. The City Manager shall report to the Council at its next regularly scheduled meeting the total costs of the consultant and the timeframe needed to perform the analysis. The City Council requests that such analysis be 10 completed within 90 days, if possible. Mayor and Common Council of the City of San Bernardino Page 13 Printed 11/19/2013 Joint Regular Meeting Minutes November 18, 2013 RESULT: ADOPTED [UNANIMOUS] 03:02:07 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez,Valdivia, Shorett, Johnson, Mulvihill ABSENT: Robert D. Jenkins VACANT: Ward 5 8. Public Comments on Items Not on the Agenda Justin Miller, San Bernardino, spoke about the need for better regulation of banks, banks that attract business and other sundry issues. Jesus Zaragoza, San Bernardino, spoke about the need for a police chief of color and said that the search for a chief should stay local. Robert Porter, San Bernardino, said he wanted to talk about Wildwood Park, which he had read about in the newspaper. He said that private places cannot run the City parks better than the City, and that they are taking away open spaces. Betty Jean Long, San Bernardino, spoke about her recent eviction. Roger Henderson, San Bernardino, congratulated the new council and city attorney and said he hoped that by March there would be a completely different attitude. He stated that the residents do not want San Bernardino to be a haven for homeless, prostitutes and ex-cons. Kirk Larson, Colton, spoke about the pleasant experience he had dealing with the City of San Bernardino. Catherine Hall, San Bernardino, asked who oversees the giveaways to senior citizen buildings because she'd received a bag with several expired grocery items. She also said that the treatment of seniors at Vintage at Kendall is tantamount to abuse. Shirley Harlan, San Bernardino, said the issue of Vintage at Kendall has been discussed at the Senior Affairs Commission. She stated that the managers set up to supervise the area are putting people in stressed situations and this is not the way to see seniors treated in San Bernardino. Pastor Eddie Jones, San Bernardino, said USA properties, managers of the Vintage at Kendall, need to be examined by the city manager and city attorney because of their unethical treatment of seniors. Gary Walbourne, San Bernardino, said he was on the Measure Z Committee and they had not had a meeting in a long time and there hadn't been an audit for over two years. Mayor and Common Council of the City of San Bernardino Page 14 Printed 11/19/2013 Joint Regular Meeting Minutes November 18, 2013 Cynthia Shout, San Bernardino, a resident of the Vintage at Kendall, said the residents are being discriminated against, and said that she cannot get down steps and they cannot get a gurney up the steps during a medical emergency. She said her civil liberties have been abused and she is a very unhappy resident. Margaret Hill, San Bernardino, spoke about how she saw the positive things in the 7-11 proposal like jobs and the opportunity to clean up a blighted area. She said she hadn't considered the issue of alcohol. She said most people get their alcohol from home, not a 7-11. Sandra Olivas, San Bernardino, spoke about the Historical and Pioneer Society and discussed Pioneer Days, January 18, 2014. 9. Adjournment The meeting adjourned at 8:19 p.m. The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 2:00 p.m., Monday, December 2, 2013. GEORGEANN"GIGI"HANNA City Clerk 0 By: 4, Linda E. Hartzel Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 15 Printed 11/19/2013